HomeMy WebLinkAbout06/12/2013 AGENDA [a
CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473 -5280
JUNE 12, 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 June 19, 2013 Council Meeting Agenda:
A. INFORMATION ITEM - Update on proposed Kitsap Conference Center Expansion Project
B. NO PRESENTATION PLANNED — The following items are budgeted items or have already been
reviewed by the appropriate Council Committee:
1. Ordinance granting renewal of Comcast Franchise Agreement
2. Renewal of 2013 Shelter Plus Care Agency Service Agreement with Agape Unlimited
3. Ordinance repealing the 2005 Water System Plan; and Resolution adopting the City of
Bremerton 2012 Water System Plan Update
C. FULL PRESENTATION ITEMS
4. Resolution establishing Water Efficiency Goals for the City of Bremerton Water Utility
5. Proposed public hearing to adopt the Washington State Building Code WAC 51 — 2012 Editions
of International Building Codes and Uniform Plumbing Code; and Ordinance amending
Bremerton Municipal Code (BMC) Chapter 17.04
6. Proposed public hearing on ordinance to amend Title 18 of the Bremerton Municipal Code
(BMC) and adopt the 2012 International Fire Code
7. Ordinance creating Chapter 5.06 of the Bremerton Municipal Code (BMC) entitled "Rental
Property Registration "; and Resolution amending Community Development — Rate Table C
establishing rental property registration fines and penalties
8. Letter of Agreement with West Sound FC Premier Soccer Club for Lease of two Soccer Fields
at Pendergast Park
9. Award contract to Nova Contracting, Inc. for Anderson Cove Waterfront Park Low Impact
Development (LID) Project
10. Install Electric Vehicle Charging Stations on Pacific Avenue (6 to 11 Street Project)
11. Continued review of proposed resolution to amend the City of Bremerton Charter
D. GENERAL COUNCIL BUSINESS
1. Audit Committee Briefing — Carol Arends, Chair
2. No report due to Chair's absence...
3. PubliG VVeFks Gomm4tee Wiefing Adam Werkus, Cha No report due to lack of time...
4. Public Safety and Parks Committee Briefing — Leslie Daugs, Chair
5. Discussion of Lodging Tax Funds related to 2014 Council Goals — Nick Wofford, Chair
6. Other General Council Business (As necessary...)
E. ADJOURNMENT OF STUDY SESSION
® 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.
DISCUSSION ITEM
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Kitsap Conference Center Study Session Date June 12, 2013
Expansion Project Proposal COUNCIL MEETING Date N/A
Department Multiple
Presenter Martin /Hasart/Lent
Phone 5758
SUMMARY: The City has requested $600,000 from the Kitsap Public Facilities District as part of a
$1 25 million partnership proposal to expand the Conference Center space into the 3 rd floor of the
Kitsap Transit building The Partnership will present the proposal to the PFD Monday, June 10
The PFD is expected to provide a decision on the grant request by Monday, June 24
ATTACHMENTS Application /Proposal
FISCAL IMPACTS (Include Budgeted Amount) The City did not budget for this proposed action in
2013, as the Public Facility District's decision to provide grant funding was made after the first of the
year However, this proposal, which envisions the City providing $500,000 of funding, carries with it
a 10 -year return on investment of 14 65 %, and a 20 -year ROI of 112 90%
STUDY SESSION AGENDA ❑ No Presentation 0 Full Presentation
STUDY SESSION ACTION ❑ Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION
N/A — Information only
COUNCIL ACTION ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 01/25/13
COLUMBIA flitsap
HOSPITALITY.
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Kitsap Conference Center Expansion Project
Submitted in Partnership by
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Kitsap Transit
Columbia Hospitality, Inc.
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- bates
______________________________________________________________
CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 Phone (360) 473-5280
JUNE 12, 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 June 19, 2013 Council Meeting Agenda:
A. INFORMATION ITEM - Update on Kitsap Conference Center Expansion Project
(Information Only)
B. NO PRESENTATION PLANNED - The following items are budgeted items or have been
reviewed by the appropriate Council Committee:
1. Ordinance granting renewal of Comcast Franchise Agreement
2. Renewal of 2013 Shelter Plus Care Agency Service Agreement with Agape Unlimited
3. Ordinance repealing the 2005 Water System Plan; and Resolution adopting 2012 Water
System Plan Update
C. FULL PRESENTATION ITEMS
4. Resolution establishing Water Efficiency Goals for the City of Bremerton Water Utility
5. Proposed public hearing to adopt the Washington State Building Code WAC 51 - 2012
Editions of International Building Codes and Uniform Plumbing Code; and Ordinance
amending Bremerton Municipal Code (BMC) Chapter 17.04
6. Proposed public hearing on ordinance to amend Title 18 of the Bremerton Municipal Code
(BMC) and adopt the 2012 International Fire Code
7. Ordinance creating Chapter 5.06 of the Bremerton Municipal Code (BMC) entitled "Rental
Property Registration"; and Resolution amending Community Development - Rate Table C
establishing rental property registration fines and penalties
8. Letter of Agreement with West Sound FC Premier Soccer Club for Lease of two Soccer
Fields at Pendergast Park
9. Award contract to Nova Contracting, Inc. for construction of the Anderson Cove Waterfront
Park Low Impact Development (LID) Project
10. Install Electric Vehicle Charging Stations on Pacific Avenue (6th to 11th Street Project)
11. Continued review of proposed resolution to amend the City of Bremerton Charter
D. GENERAL COUNCIL BUSINESS
1. Audit Committee Briefing - Carol Arends, Chair
2. Finance Committee Briefing - Eric Younger, Chair
3. Public Works Committee Briefing - Adam Brockus, Chair
4. Public Safety and Parks Committee Briefing - Leslie Daugs, Chair
5. Discussion of Lodging Tax Funds related to the 2014 Council Goals - Nick Wofford, Chair
6. Other General Council Business (As necessary...)
E. ADJOURNMENT OF STUDY SESSION
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.
DISCUSSION ITEM
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Kitsap Conference Center
Expansion Project Proposal
Study Session Date: June 12, 2013
COUNCIL MEETING Date: N/A
Department: Multiple
Presenter: Martin/Hasart/Lent
Phone: 5758
SUMMARY: The City has requested $600,000 from the Kitsap Public Facilities District as part of a
$1.25 million partnership proposal to expand the Conference Center space into the 3rd floor of the
Kitsap Transit building. The Partnership will present the proposal to the PFD Monday, June 10th.
The PFD is expected to provide a decision on the grant request by Monday, June 24th.
ATTACHMENTS: Application/Proposal
FISCAL IMPACTS (Include Budgeted Amount): The City did not budget for this proposed action in
2013, as the Public Facility District’s decision to provide grant funding was made after the first of the
year. However, this proposal, which envisions the City providing $500,000 of funding, carries with it
a 10-year return on investment of 14.65%, and a 20-year ROI of 112.90%.
STUDY SESSION AGENDA: ☐ No Presentation ☒ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
N/A – Information only.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/25/13
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Ordinance No.______ granting
renewal of the Comcast Franchise
Study Session Date: 6/12/13
COUNCIL MEETING Date: 6/19/13
Department: Finance
Presenter: Char Burnette
Phone: 308-0139
SUMMARY: The current Comcast Franchise expired May 30, 2012. The proposed ordinance grants
a new franchise to Comcast for a term of five years with the option to extend the franchise, upon
approval by the Mayor, for an additional five years with the same terms and conditions.
ATTACHMENTS: Proposed Ordinance No. _____
FISCAL IMPACTS (Include Budgeted Amount): Franchise Fees annually of $240,000.00 that funds
BKAT. $19,000 annually for Capital items for PEG Services.
STUDY SESSION AGENDA: ☒ No Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION: Move to pass Ordinance No._______ granting renewal of the Comcast
Franchise.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/25/13
1
Comcast Cable Television Franchise
ORDINANCE NO. _____
AN ORDINANCE granting Comcast of Washington IV, Inc.,
the right, privilege, authority and franchise to construct, operate,
maintain, reconstruct, repair and upgrade the Cable System upon,
over, under, along, across and through the Franchise Area for the
purpose of providing Cable Services, subject to the terms and
conditions set forth in this Ordinance and applicable law.
WHEREAS, the City has reviewed Grantee's performance under the prior
Franchise and the quality of service during the prior Franchise term, has identified the future
cable-related needs and interests of the City and its citizens, has considered the financial,
technical and legal qualifications of Grantee, and has determined that Grantee's plans for
constructing, operating and maintaining its Cable System are adequate, in a full public
proceeding affording due process to all parties; and
WHEREAS, the public has had adequate notice and opportunity to comment on
Grantee's proposal to provide cable television service within the City; and
WHEREAS, the City has a legitimate and necessary regulatory role in ensuring
the availability of cable communications service, and reliability of cable systems in its
jurisdiction, the availability of local programming (including public, educational and
Governmental Access programming) and quality Customer service; and
WHEREAS, diversity in Cable Service programming is an important policy goal
and the Grantee's Cable System should offer a wide range of programming services; and
WHEREAS, Subscriber interests and competitive factors within the Cable Service
market should be an essential characteristic of this Franchise; and
WHEREAS, the City is authorized by applicable law to grant one or more
nonexclusive Franchises to construct, operate and maintain cable systems within the boundaries
of the City; and
WHEREAS, in consideration of the mutual promises made herein, and other good
and valuable consideration as provided herein, the receipt and adequacy of which are hereby
acknowledged, City and Grantee do hereby agree as follows; NOW THEREFORE
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
2
Comcast Cable Television Franchise
TABLE OF CONTENTS
INTRODUCTORY STATEMENT ........................................................................................................7
SECTION 1. DEFINITIONS .................................................................................................................8
"Access or Access Programming"..............................................................................................................8
"Access Channel" .......................................................................................................................................8
"Access Fees" .............................................................................................................................................8
"Activation" or "Activated" .......................................................................................................................8
"Affiliated Entity" or "Affiliate" ................................................................................................................8
"Bad Debt" .................................................................................................................................................8
"Basic Service"...........................................................................................................................................8
"Broadcast Signal" .....................................................................................................................................9
"Cable Act" ................................................................................................................................................9
"Cable Operator" ........................................................................................................................................9
"Cable Service" ..........................................................................................................................................9
"Cable System" ..........................................................................................................................................9
"Channel" ...................................................................................................................................................9
"City"..........................................................................................................................................................9
“Customer Service Representative” ..........................................................................................................9
"Designated Access Provider" .................................................................................................................10
"Downstream Channel" ............................................................................................................................10
"Dwelling Unit" .......................................................................................................................................10
"Expanded Basic Service"........................................................................................................................10
"FCC" .......................................................................................................................................................10
"Fiber Optic" ............................................................................................................................................10
"Franchise" ...............................................................................................................................................10
"Franchise Area" ......................................................................................................................................10
"Franchise Fee" ........................................................................................................................................10
"Grantee ...................................................................................................................................................10
"Gross Revenues" ....................................................................................................................................11
"Headend" or "Hub" .................................................................................................................................11
"Institutional Network" ............................................................................................................................11
"Interconnect" or "Interconnection" .........................................................................................................11
"Leased Access Channel ..........................................................................................................................11
"Locally Scheduled Original Programming" ...........................................................................................11
"Noncommercial" .....................................................................................................................................12
"Normal Business Hours" ........................................................................................................................12
"Normal Operating Conditions" ...............................................................................................................12
"Pay Service" or "Premium Service" .......................................................................................................12
"Person" ...................................................................................................................................................12
"Qualified I-NET Users" ..........................................................................................................................12
"Rights-of-Way" ......................................................................................................................................12
"School" ...................................................................................................................................................12
3
Comcast Cable Television Franchise
"Service Interruption" ..............................................................................................................................12
"State" ......................................................................................................................................................12
"Subscriber" or "Customer" .....................................................................................................................12
"Tier" ........................................................................................................................................................13
"Video Programming" ..............................................................................................................................13
SECTION 2. GRANT OF FRANCHISE ............................................................................................13
2.1 Grant ............................................................................................................................................13
2.2 Use of Rights-of-Way ..................................................................................................................14
2.3 Term .............................................................................................................................................15
2.4 Effective Date ..............................................................................................................................15
2.5 Franchise Nonexclusive ...............................................................................................................15
2.6 Grant of Other Franchises ............................................................................................................15
2.7 Familiarity with Franchise ...........................................................................................................16
2.8 Effect of Acceptance ....................................................................................................................16
2.9 Police Powers ...............................................................................................................................16
2.10 Franchise Area .............................................................................................................................16
SECTION 3. FRANCHISE FEE AND FINANCIAL CONTROLS ................................................17
3.1 Franchise Fee ...............................................................................................................................17
3.2 Payments ......................................................................................................................................17
3.3 Acceptance of Payment ................................................................................................................17
3.4 Quarterly Franchise Fee Reports ..................................................................................................17
3.5 Audits ...........................................................................................................................................17
3.6 Financial Records .........................................................................................................................17
3.7 Interest on Late Payments ............................................................................................................18
3.8 Maximum Franchise Fee ..............................................................................................................18
3.9 Additional Commitments Not Franchise Fees .............................................................................18
3.10 Payment on Termination ..............................................................................................................18
3.11 Service Packages ..........................................................................................................................19
3.12 Additional Compensation ............................................................................................................19
3.13 Tax Liability .................................................................................................................................19
SECTION 4. ADMINISTRATION AND REGULATION ...............................................................19
4.1 Rates and Charges ........................................................................................................................19
4.2 No Rate Discrimination ...............................................................................................................19
4.3 Filing of Rates and Charges .........................................................................................................20
4.4 Time Limits Strictly Construed ....................................................................................................20
4.5 Performance Evaluation ...............................................................................................................20
4.6 Leased Access Channel Rates ......................................................................................................20
4.7 Late Fees ......................................................................................................................................20
SECTION 5. FINANCIAL AND INSURANCE REQUIREMENTS ...............................................21
5.1 Indemnification ............................................................................................................................21
5.2 Insurance Requirements ...............................................................................................................22
5.3 Security ........................................................................................................................................23
4
Comcast Cable Television Franchise
SECTION 6. CUSTOMER SERVICE ................................................................................................24
6.1 Customer Service Standards ........................................................................................................24
6.2 Subscriber Privacy .......................................................................................................................25
6.3 Customer Service Location(s) ......................................................................................................25
6.4 Customer Service Agreement and Manual ..................................................................................25
SECTION 7. REPORTS AND RECORDS ........................................................................................26
7.1 Open Records ...............................................................................................................................26
7.2 Confidential/Proprietary Information ...........................................................................................26
7.3 Records Required .........................................................................................................................26
7.4 Copies of Federal and State Reports ............................................................................................27
7.5 Complaint File and Reports .........................................................................................................27
7.6 Inspection of Facilities and Annual Meeting ...............................................................................27
7.7 False Statements ...........................................................................................................................27
SECTION 8. PROGRAMMING .........................................................................................................28
8.1 Broad Programming Categories ...................................................................................................28
8.2 Deletion of Broad Programming Categories ................................................................................28
8.3 Obscenity .....................................................................................................................................28
8.4 Services for the Disabled .............................................................................................................28
8.5 Parental Control Device ...............................................................................................................28
8.6 Complementary Cable Service .....................................................................................................28
8.7 New Technology ..........................................................................................................................29
SECTION 9. PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS ............................29
9.1 Access Channels ..........................................................................................................................29
9.2 Triggers for Additional Access Channels ....................................................................................30
9.3 Management and Control of Access Channels ............................................................................30
9.4 Underutilized Access Channels ...................................................................................................30
9.5 Access Channel Identification/Location/Relocation/Bill Insertions ............................................31
9.6 Access Interconnections ...............................................................................................................31
9.7 Support for Access Capital Costs ................................................................................................32
9.8 Access Channels On Lowest Tier ................................................................................................32
9.9 Technical Quality .........................................................................................................................32
9.10 Return Connectivity .....................................................................................................................32
SECTION 10. GENERAL RIGHT-OF-WAY USE AND CONSTRUCTION ...............................33
10.1 Construction .................................................................................................................................33
10.2 Location of Facilities ...................................................................................................................33
10.3 Restoration of Rights-of-Way ......................................................................................................33
10.4 Maintenance and Workmanship ..................................................................................................34
10.5 Acquisition of Facilities ...............................................................................................................34
10.6 Reservation of Rights-of-Way .....................................................................................................34
10.7 Rights-of-Way Vacation ..............................................................................................................35
10.8 Removal of Discontinued Facilities .............................................................................................35
5
Comcast Cable Television Franchise
10.9 Hazardous Substances ..................................................................................................................36
10.10 Undergrounding of Cable .............................................................................................................36
10.11 Codes............................................................................................................................................37
10.12 Construction and Use of Poles .....................................................................................................37
10.13 Tree Trimming .............................................................................................................................38
10.14 Standards ......................................................................................................................................38
10.15 Stop Work ....................................................................................................................................38
10.16 Work of Contractors and Subcontractors .....................................................................................38
10.17 GIS Mapping ................................................................................................................................39
SECTION 11. CABLE SYSTEM DESIGN ........................................................................................39
SECTION 12. SCRAMBLED CHANNEL and INSTITUTIONAL NETWORK .........................39
12.1 Scrambled Channel ......................................................................................................................39
12.2 Institutional Network ...................................................................................................................40
SECTION 13.TECHNICAL STANDARDS ........................................................................................40
13.1 Technical Performance ................................................................................................................40
13.2 Cable System Performance Testing .............................................................................................40
SECTION 14. SERVICE EXTENSION .............................................................................................41
14.1 Service Availability ......................................................................................................................41
SECTION 15. STANDBY POWER AND EAS .................................................................................42
15.1 Standby Power .............................................................................................................................42
15.2 Emergency Alert Capability .........................................................................................................42
SECTION 16. FRANCHISE BREACHES; TERMINATION OF FRANCHISE ..........................42
16.1 Procedure for Remedying Franchise Violations ..........................................................................42
16.2 Alternative Remedies ...................................................................................................................43
16.3 Assessment of Liquidated Damages and Letter of Credit ............................................................44
16.4 Revocation ...................................................................................................................................45
16.5 Purchase of the Cable System ......................................................................................................46
SECTION 17. FRANCHISE TRANSFER .........................................................................................47
17.1 Transfer of Ownership or Control ................................................................................................47
SECTION 18. PROHIBITED PRACTICES, LOCAL EMPLOYMENT EFFORTS AND
NOTICES ...............................................................................................................................................48
18.1 Preferential or Discriminatory Practices Prohibited .....................................................................48
18.2 Notices ..........................................................................................................................................49
SECTION 19. MISCELLANEOUS PROVISIONS ..........................................................................49
19.1 Cumulative Rights .......................................................................................................................49
19.2 Costs to be Borne by Grantee.......................................................................................................49
19.3 Binding Effect ..............................................................................................................................49
6
Comcast Cable Television Franchise
19.4 Authority to Amend .....................................................................................................................50
19.5 Venue ...........................................................................................................................................50
19.6 Governing Laws ...........................................................................................................................50
19.7 Captions .......................................................................................................................................50
19.8 No Joint Venture ..........................................................................................................................50
19.9 Waiver ..........................................................................................................................................50
19.10 Severability ..................................................................................................................................53
19.11 Compliance with Federal, State and Local Laws .........................................................................53
19.12 Force Majeure ..............................................................................................................................51
19.13 Entire Agreement .........................................................................................................................51
19.14 Attorneys’ Fees ............................................................................................................................51
19.15 Action of the City or Grantee .......................................................................................................51
19.16 Acceptance ...................................................................................................................................51
SECTION 20. EFFECTIVE DATE.....................................................................................................51
Acceptance ..............................................................................................................................................53
Exhibits:
Exhibit I – I-Net Maintenance Agreement
7
Comcast Cable Television Franchise
INTRODUCTORY STATEMENT
CABLE TELEVISION FRANCHISE. This Cable Television Franchise is entered into in
Bremerton, Washington, this day of June, 2013, by and between the City of Bremerton,
Washington a municipal corporation, hereinafter ("City") and Comcast of Washington IV, Inc.
who is hereinafter known as ("Grantee"). City and Grantee are sometimes referred to hereinafter
collectively as the "parties."
8
Comcast Cable Television Franchise
SECTION 1. DEFINITIONS
For the purposes of this Franchise and the Exhibits attached hereto the following terms,
phrases, words and their derivations shall have the meanings given herein when indicated with
the text of the Franchise by being capitalized. When not inconsistent with the context, words
used in the present tense include the future, words in the plural include the singular, and words in
the singular include the plural. Words not defined, or those defined, but not capitalized within
the text shall be given their common and ordinary meaning. The word "shall" is always
mandatory and not merely directory.
"Access" or “Access Programming” includes Public Access, Educational Access and
Governmental Access, collectively, and means the availability for Noncommercial use by various
governmental and educational agencies, institutions and organizations, in the community,
including City and its designees, of particular channels on the Cable System to receive and
distribute Video Programming to Subscribers, as permitted under applicable law, including, but
not limited to:
(A) “Public Access” means Access where any member of the general public may be a
programmer on a nondiscriminatory basis, subject to operating rules formulated by the City or its
designee. Such rules shall not be designed to control the content of public access programming.
Such rules shall also address the extent to which and manner in which members of the general
public who are not residents of the City may be programmers on the Access Channel.
(B) "Educational Access" means Access where Schools are the primary users having
editorial control over programming and services.
(C) "Governmental Access" means Access where governmental institutions or their
designees are the primary users having editorial control over programming and services.
"Access Channel" means any Channel, or portion thereof, designated for Noncommercial Access
purposes or otherwise made available to facilitate Access programming.
"Access Fees" means the Capital Contribution paid to the City by the Grantee in accordance with
section 9.7.
"Activation" or "Activated" means the status of any capacity on or part of the Cable System
wherein the use of that capacity or part thereof may be made available without further installation
of Cable System equipment other than Subscriber premise equipment, whether hardware or
software.
"Affiliated Entity" or "Affiliate" when used in connection with Grantee means any Person who
owns or controls, is owned or controlled by, or is under common ownership or control of
Grantee.
"Bad Debt" means amounts lawfully owed by a Subscriber and accrued as revenues on the books
of Grantee, but not collected after reasonable efforts by Grantee.
9
Comcast Cable Television Franchise
"Basic Service" means any Cable Service Tier that includes, at a minimum, the retransmission of
local television Broadcast Signals and Access programming.
"Broadcast Signal" means a television or radio signal transmitted over the air to a wide
geographic audience, and received by a Cable System off-the-air by antenna, microwave, satellite
dishes or any other means.
"Cable Act" means the Cable Communications Policy Act of 1984, as amended by the Cable
Television Consumer Protection and Competition Act of 1992, and as amended by the
Telecommunications Act of 1996, and any amendments thereto.
"Cable Operator" means any Person or group of Persons, including Grantee, who provides Cable
Service over the Cable System and directly or through one or more Affiliates owns a significant
interest in such Cable System or who otherwise control(s) or is (are) responsible for, through any
arrangement, the management and operation of the Cable System.
"Cable Service" means the one-way transmission to Subscribers of Video Programming, or other
programming service and Subscriber interaction, if any, that is required for the selection or use of
such Video Programming or other programming service.
"Cable System" means a facility, consisting of a set of closed transmission paths and associated
signal generation, reception and control equipment that is designed to provide Cable Service that
includes Video Programming and that is provided to multiple Subscribers within a community,
but such term does not include (1) a facility that serves only to retransmit the television signals of
one or more television broadcast stations; (2) a facility that serves Subscribers without using any
public right-of-way; (3) a facility of a common carrier that is subject, in whole or in part, to the
provisions of Title II of the federal Communications Act (47 U.S.C. Section 201 et seq.), except
that such facility shall be considered a cable system (other than for purposes of Section 621(c)
(47 U.S.C. Section 541(c)) to the extent such facility is used in the transmission of Video
Programming directly to Subscribers, unless the extent of such use is solely to provide interactive
on-demand services; (4) an open video system that complies with Section 653 of the Cable Act;
or (5) any facilities of any electric utility used solely for operating its electric utility systems.
When used herein, the term "Cable System" shall mean Grantee's Cable System in the Franchise
Area unless the context indicates otherwise.
"Channel" means a portion of the frequency band capable of carrying a Video Programming
Service or combination of Video Programming Services, whether by analog or digital signal, on a
twenty-four (24) hour per day basis or a portion thereof.
"City" means the City of Bremerton, Washington, a municipal corporation, of the State of
Washington.
“Customer Service Representative” (or "CSR") shall mean any person employed by Grantee to
assist, or provide service to, Customers, whether by answering public telephone lines, writing
service or installation orders, answering Customers' questions, receiving and processing payments,
or performing other Customer service-related tasks.
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Comcast Cable Television Franchise
"Designated Access Provider" means the entity or entities designated by the City to manage or
co-manage Public, Educational or Governmental Access Channels and facilities. The City may
be a Designated Access Provider.
"Downstream Channel" means a Channel capable of carrying a transmission from the Headend to
remote points on the Cable System.
"Dwelling Unit" means any building or portion thereof that has independent living facilities,
including provisions for cooking, sanitation and sleeping, and that is designed for residential
occupancy.
"Expanded Basic Service" means cable programming services not included in the Basic Service
and excluding premium or pay-per-view services.
"FCC" means the Federal Communications Commission or its lawful successor.
"Fiber Optic" means a transmission medium of optical fiber cable, along with all associated
electronics and equipment capable of carrying electric lightwave pulses.
"Franchise" means the document in which this definition appears, that is executed between City
and Grantee, containing the specific provisions of the authorization granted and the contractual
and regulatory agreement created hereby.
"Franchise Area" means the area within the jurisdictional boundaries of the City, including any
areas annexed by City during the term of this Franchise.
"Franchise Fee" includes any tax, fee or assessment of any kind imposed by the City on the
Grantee or Subscribers, or both solely because of their status as such. The term Franchise Fee
does not include:
(A) Any tax, fee or assessment of general applicability (including any such tax, fee, or
assessment on both utilities and Cable Operators or their services, but not including a tax, fee, or
assessment that is unduly discriminatory against Cable Operators or cable Subscribers);
(B) Capital costs that are required by the Franchise to be incurred by the Grantee for
Public, Educational or Governmental Access facilities, including the support required in Section
9.7.
(C) Requirements or charges incidental to the awarding or enforcing of the Franchise,
including but not limited to, payments for bonds, letters of credit, insurance, indemnification,
penalties or liquidated damages; or
(D) Any fee imposed under Title l7, United States Code.
“Grantee” means Comcast of Washington IV, Inc. or its lawful successor, transferee or assignee.
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Comcast Cable Television Franchise
"Gross Revenues" means any and all revenue derived directly or indirectly by Grantee, or by
Grantee's Affiliates from the operation of the Grantee's Cable System to provide Cable Services
in the Franchise Area. Gross Revenues include, by way of illustration and not limitation,
monthly and other fees charged Subscribers for Cable Services including Basic Service,
Expanded Basic Service, any expanded Tiers of Cable Service, other Tiers of Cable Service,
optional Premium Service, pay-per-view and per-program Channels, Cable Service installation,
disconnection, reconnection and change-in-service fees, Leased Access Channel fees, remote
control rental fees, late fees and administrative fees or other consideration received by the
Grantee from programmers for carriage of Cable Services on the Cable System and recognized as
revenue under generally accepted accounting principles (GAAP), revenues from rentals of
converters or other Cable System equipment, advertising sales revenues (including local, regional
and a pro rata share of national advertising carried on the Cable System in the Franchise Area),
revenues from program guides, additional outlet fees, revenue from the sale or carriage of other
Cable Services, and revenues from home shopping. Gross Revenues shall not include (i) Bad
Debt, provided, however, that all or part of any such Bad Debt that is written off but
subsequently collected shall be included in Gross Revenues in the period collected; or (ii) any
taxes on services furnished by the Grantee that are imposed directly on any Subscriber or user by
the State, City or other governmental unit and that are collected by the Grantee on behalf of said
governmental unit; or (iii) the Capital Contributions as required by Section 9.7 of this Franchise.
The Franchise Fees are not a tax and are therefore included in Gross Revenues.
"Headend" or "Hub" means any Facility for signal reception and dissemination on a Cable
System, including cable, antennas, wires, satellite dishes, monitors, switchers, modulators,
processors for Broadcast Signals or other signals, and all other related equipment and Facilities.
“Institutional Network” means that part of the Cable System facilities or capacity designated for
use by non-residential Subscribers including communications to, from and among government
agencies, Schools, libraries and other public agencies.
"Interconnect" or "Interconnection" means the provision of City Access Channel programming to
a geographically contiguous cable system, including technical, engineering, physical, and other
necessary components to accomplish, complete and adequately maintain such provisioning.
"Leased Access Channel" means any Channel or portion of a Channel commercially available for
programming in accordance with Section 612 of the Cable Act.
"Locally Scheduled Original Programming" means Public Access, Government Access or
Educational Access programming that is created by the City or their designated access
provider(s) including edited coverage of live programming. Such Locally Scheduled Original
Programming shall not be considered as qualifying as such after three (3) cablecasts (initial, first
repeat and second repeat). Automated Video Programming filler, such as cablecasts of highways
and roads, or video bulletin boards does not constitute Locally Scheduled Original Programming
that qualifies herein.
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Comcast Cable Television Franchise
"Noncommercial" means, in the context of Access Channels, those particular products and
services that are not promoted or sold. This term shall not be interpreted to prohibit an Access
Channel operator or programmer from soliciting and receiving contributions used to produce and
transmit Video Programming on an Access Channel, or from acknowledging a contribution, in
the manner of the Corporation for Public Broadcasting or some similar manner, subject to
applicable law.
"Normal Business Hours" means those hours during which most similar businesses in the
community are open to serve Customers. In all cases, "normal business hours" must include some
evening hours at least one night per week and/or some hours on Saturday.
"Normal Operating Conditions" means those service conditions that are within the control of the
Grantee. Those conditions that are not within the control of the Grantee include, but are not
limited to, natural disasters, civil disturbances, power outages, telephone network outages, severe
or unusual weather conditions, and availability of materials, equipment or labor. Those
conditions that are ordinarily within the control of the Grantee include, but are not limited to,
regular peak or seasonal demand periods and maintenance or upgrade of the Cable System.
"Pay Service" or "Premium Service" means Video Programming or other programming service
choices (such as movie Channels or pay-per-view programs) offered to Subscribers on a package
tier, per-Channel, per-program or per-event basis.
"Person" means any natural person, sole proprietorship, partnership, joint venture, association, or
limited liability entity or corporation, or any other form of entity or organization.
"Qualified I-NET Users" means (i) the City; (ii) other governmental and public agencies, libraries
and Schools; and (iii) other entities that Grantee and City agree may use the I-NET.
"Rights-of-Way" means land acquired for or dedicated to the public or are hereafter acquired or
dedicated to the public and maintained under public authority, including but not limited to public
streets or roads, highways, avenues, lanes, alleys, bridges, sidewalks and areas behind sidewalks,
easements, and similar public property located within the Franchise Area.
"School" means any State accredited K-12 public or private educational institution not including
home schools, prisons or jails (provided that state accredited juvenile schools within prisons or
jails shall be included).
"Service Interruption" means the loss of picture or sound on one or more cable Channels.
"State" means the State of Washington.
"Subscriber" or "Customer" means any Person who lawfully receives Cable Services provided by
Grantee by means of the Cable System with Grantee's express permission. Said permission may
be withdrawn and customer disconnected by Grantee at Grantee’s discretion.
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Comcast Cable Television Franchise
"Tier" means a category of Cable Services provided by the Grantee for which a separate rate is
charged.
"Video Programming" means programming provided by, or generally considered comparable to
programming provided by, a television broadcast station, or cable programming provider.
SECTION 2. GRANT OF FRANCHISE
2.1 Grant
(A) City hereby grants to Grantee a nonexclusive authorization to make reasonable
and lawful use of the Rights-of-Way within the Franchise Area to construct, operate, maintain,
reconstruct, repair and upgrade the Cable System for the purpose of providing Cable Services,
subject to the terms and conditions set forth in this Franchise and applicable law. This Franchise
shall constitute both a right and an obligation to fulfill the obligations set forth in, the provisions
of this Franchise.
(B) The Grantee, through this Franchise, is granted the right to operate its Cable
System using the public Rights-of-Way within the Franchise Area in compliance with Title 11 of
the Bremerton Municipal Code, as may be amended periodically, and all lawfully enacted
applicable construction codes and regulations. The Grantee specifically agrees to comply with the
provisions of City ordinances provided that in the event of a conflict between the provisions of
ordinances and the Franchise, the express provisions of the Franchise shall govern. Subject to
federal and State preemption, the material terms and conditions contained in this Franchise may
not be unilaterally altered by the City through subsequent amendment to any ordinance, rule,
regulation, resolution, or other enactment of City, except in the lawful exercise of City's police
power. Grantee acknowledges that the City may modify its generally applicable regulatory
policies by lawful exercise of the City’s police powers throughout the term of this Franchise.
Grantee agrees to comply with such lawful modifications unless there is a conflict with Grantee’s
negotiated rights hereunder. Grantee reserves all rights it may have to challenge such lawful
modifications whether arising in contract or at law. The City reserves all of its rights and
defenses to such challenges whether arising in contract or at law.
(C) This Franchise shall not be interpreted to prevent the City from imposing other
conditions, to the extent permitted by law.
(D) Grantee agrees, as a condition of exercising the privileges granted by this
Franchise, that any Affiliate of the Grantee that is a Cable Operator of the Cable System in the
Franchise Area, as defined herein, or directly involved in the management or operation of the
Cable System in the Franchise Area, will comply with the terms and conditions of this Franchise.
(E) No rights shall pass to Grantee by implication. Without limiting the foregoing, by
way of example and not limitation, this Franchise shall not include or be a substitute for:
(1) Any other permit or authorization required for the privilege of transacting
and carrying on a business within the City that may be required by the ordinances and laws of the
City.
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Comcast Cable Television Franchise
(2) Any permit, agreement or authorization required by the City for Rights-of-
Way users in connection with operations on or in Rights-of-Way or public property; or
(3) Any permits or agreements for occupying any other property of the City or
private entities to which access is not specifically granted by this Franchise.
(F) This Franchise is intended to convey limited rights and interests only as to those
Rights-of-Ways in which the City has an actual interest. It is not a warranty of title or interest in
any Rights-of-Way; it does not provide the Grantee with any interest in any particular location
within the Rights-of-Way; and it does not confer rights other than as expressly provided in the
grant hereof.
(G) This Franchise is an express authorization to provide Cable Services only. This
Franchise is not a bar to the imposition of any lawful conditions on Grantee with respect to non-
Cable Services, telecommunications services or information services, whether similar, different
or the same as the condition specified herein. This Franchise does not relieve Grantee of any
obligation it may have to obtain from the City an authorization to provide non-Cable Services,
telecommunications services or information services or relieve Grantee of its obligation to
comply with any such authorization(s) that may be lawfully required.
2.2 Use of Rights-of-Way
(A) Grantee may erect, install, construct, repair, replace, reconstruct, and retain in, on,
over, under, upon, across, through, below and along the Rights-of-Way within the Franchise
Area, such wires, cables (both coaxial and Fiber Optic), conductors, ducts, conduit, vaults,
manholes, amplifiers, appliances, pedestals, attachments and other property and equipment as are
necessary and appurtenant to the operation of a Cable System for the provision of Cable Service
within the Franchise Area. Grantee shall comply with all lawfully enacted and applicable
construction codes, laws, ordinances, regulations and procedures regarding placement and
installation of Cable System facilities in the Rights-of Way.
(B) Grantee must follow City-established requirements, including Title 11 of the
Bremerton Municipal Code, as may be amended periodically, as well as all other City codes,
ordinances and other regulations regarding placement of Cable System facilities in Rights-of-
Way, including the specific location of facilities in the Rights-of-Way. The Grantee must in any
event install Cable System facilities in a manner that minimizes interference with the use of the
Rights-of-Way by others, including others that may be installing communications facilities. To
protect public health, safety and welfare, the City may require that Cable System facilities be
installed at a particular time, at a specific place or in a particular manner as a condition of access
to a particular Rights-of-Way; may deny access if Grantee is not willing to comply with City's
requirements; and may remove, or require removal of, any facility that is not installed in
compliance with the requirements established by City, or that is installed without prior City
approval of the time, place or manner of installation and charge Grantee for all the costs
associated with removal; and City may require Grantee to cooperate with others to minimize
adverse impacts on the Rights-of-Way through joint trenching and other arrangements. Grantee
shall assume its costs (in accordance with applicable law) associated with any requirement of
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Comcast Cable Television Franchise
City in the exercise of its police powers, to relocate its Cable System facilities located in the
Rights-of-Way.
2.3 Term
This Franchise shall have a term of five (5) years, effective on June ____, 2013 and terminating
on June ____, 2018; then at any time during the three (3) year franchise renewal period, (the last
three (3) years of the initial five (5) year term) this Franchise may be extended by mutual
agreement of the parties for five (5) additional years to June ____, 2023. The Mayor is
authorized to extend the term on behalf of the City with substantially the same terms as provided
herein.
2.4 Effective Date
(A) This Franchise and the rights, privileges, and authority granted hereunder and the
contractual relationship established hereby shall take effect and be in force from and after the
effective date of this Franchise as specified in this Section and for the duration of the term as
specified in Section 2.3.
(B) The effective date of this Franchise shall be five business days after its adoption.
(C) The grant of this Franchise shall have no effect on any ordinance in effect prior to
the effective date of this Franchise to indemnify or insure the City against acts and omissions
occurring during the period that the prior Franchise was in effect, nor shall it have any affect
upon liability to pay all Franchise Fees (for any prior years) that were due and owed under a prior
franchise and the franchise ordinance.
2.5 Franchise Nonexclusive
This Franchise shall be nonexclusive, and subject to all prior rights, interests, easements, or
franchises granted by City or its predecessors to any Person to use any property, Right-of-Way,
easement, including the right of City to use same for any purpose it lawfully deems fit, including
the same or similar purposes allowed Grantee hereunder. City may at any time grant
authorization to use the Rights-of-Way for any purpose not incompatible with Grantee's authority
under this Franchise and for such additional franchises for Cable Systems, as City deems
appropriate.
2.6 Grant of Other Franchises
2.6.1. The Grantee acknowledges and agrees that the City reserves the right to grant one or
more additional franchises to provide Cable Service within the Franchise Area; provided, the City agrees
that it shall amend this Franchise, upon mutual agreement, to include any material terms or conditions
that it makes available to the new entrant within ninety (90) days of the Grantee’s request, so as to ensure
that the regulatory and financial burdens on each entity are materially equivalent. “Material terms and
conditions” include but are not limited to: franchise fees; insurance; system build-out requirements;
security instruments; public, education and government Access Channels and support; customer service
standards; required reports and related record keeping; and notice and opportunity to cure breaches. If
any such additional or competitive franchise is granted by the City which, in the reasonable opinion of
the Grantee, contains more favorable or less burdensome terms or conditions than this Franchise, the City
agrees that it shall amend this Franchise to include any more favorable or less burdensome terms or
conditions in a manner mutually agreed upon by City and Grantee.
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Comcast Cable Television Franchise
2.6.2. In the event an application for a new cable television franchise is filed with the City
proposing to serve the Franchise Area, in whole or in part, the City shall provide notice of such
application.
2.6.3. In the event that a wireline multichannel video programming distributor provides video
service to the residents of the City under the authority granted by federal or State legislation or other
regulatory entity, the Grantee shall have a right to request Franchise amendments that relieve the Grantee
of regulatory burdens that create a competitive disadvantage to the Grantee. In requesting amendments,
the Grantee shall file a petition seeking to amend the Franchise. Such petition shall: (1) indicate the
presence of such wireline competitor; (2) identify the basis for Grantee’s belief that certain provisions of
the Franchise place Grantee at a competitive disadvantage; and (3) identify the regulatory burdens to be
amended or repealed in order to eliminate the competitive disadvantage. The City shall not unreasonably
withhold consent to the Grantee’s petition.
2.7 Familiarity with Franchise
The Grantee acknowledges and warrants by acceptance of the rights, privileges and agreement
granted herein, that it has carefully read and fully comprehends the terms and conditions of this
Franchise and is willing to and does accept all reasonable risks of the meaning of the provisions,
terms and conditions herein. The Grantee further acknowledges and states that it has fully
studied and considered the requirements and provisions of this Franchise, and finds that the same
are commercially practicable at this time and consistent with all local, State and federal laws and
regulations currently in effect, including the Cable Act.
2.8 Effect of Acceptance
By accepting the Franchise, the Grantee: (1) acknowledges and accepts the City's legal right to
issue and enforce the Franchise; (2) agrees that it will not oppose the City's intervening to the
extent it is legally entitled to do so in any legal or regulatory proceeding affecting the Cable
System; (3) accepts and agrees to comply with each and every provision of this Franchise subject
to applicable law; and (4) agrees that the Franchise was granted pursuant to processes and
procedures consistent with applicable law, and that it will not raise any claim to the contrary.
2.9 Police Powers
Grantee's rights hereunder are subject to the police powers of City to adopt and enforce
ordinances necessary to the safety, health and welfare of the public, and Grantee agrees to
comply with all applicable laws, ordinances and regulations lawfully enacted pursuant to the
police powers of City, or hereafter enacted in accordance therewith, by City or any other legally
constituted governmental unit having lawful jurisdiction over the subject matter hereof. The City
reserves the right to exercise its police powers, notwithstanding anything in this Franchise to the
contrary.
2.10 Franchise Area
Grantee shall provide Cable Services, as authorized under this Franchise, within the Franchise
Area in accordance with line extension and density provisions as provided herein.
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Comcast Cable Television Franchise
SECTION 3. FRANCHISE FEE AND FINANCIAL CONTROLS
3.1 Franchise Fee
As compensation for the use of City's Rights-of-Way, Grantee shall pay as a Franchise Fee to
City, throughout the duration of this Franchise, an amount equal to three and one half percent
(3.5 %) of Grantee's Gross Revenues. Accrual of such Franchise Fee shall commence as of the
effective date of this Franchise.
3.2 Payments
Grantee's Franchise Fee payments to City shall be computed quarterly for the preceding calendar
quarter ending March 31, June 30, September 30, and December 31. Each quarterly payment
shall be due and payable no later than forty five (45) days after said dates.
3.3 Acceptance of Payment
No acceptance of any payment shall be construed as an accord by City that the amount paid is, in
fact, the correct amount, nor shall any acceptance of payments be construed as a release of any
claim City may have for further or additional sums payable or for the performance of any other
obligation of Grantee. The period of limitation for recovery of Franchise Fees payable hereunder
shall be six (6) years from the date on which payment by the Grantee was due or such shorter
period of time if so provided by law.
3.4 Quarterly Franchise Fee Reports
Each payment shall be accompanied by a written report to City on a form commonly used by
Grantee, verified by an officer of Grantee, containing an accurate statement in summarized form,
of Grantee's Gross Revenues and the computation of the payment amount. Such reports shall
include all Gross Revenues of the Cable System.
3.5 Audits
On an annual basis, upon thirty (30) days' prior written notice, City shall have the right to
conduct an independent audit of Grantee's financial records necessary to enforce compliance with
this Franchise and to calculate any amounts determined to be payable under this Franchise.
Provided Grantee cooperates in making all relevant records available upon request, City will in
good faith attempt to complete each audit within six (6) months, and the audit period shall not be
any greater than the previous six (6) years or such shorter period of time if so provided by law.
Any additional amounts due to the City as a result of the audit shall be paid within sixty (60)
days following written notice to the Grantee, and Grantee's agreement that the audit findings are
correct, which notice shall include a copy of the audit findings. If a Franchise Fee underpayment
is discovered as the result of an audit, Grantee shall pay, in addition to the amount due, interest at
the maximum allowed rate as provided under State law calculated from the date the
underpayment was originally due until the date the City receives the payment. If the audit shows
that Franchise Fees have been underpaid, by five percent (5%) or more in a calendar year,
Grantee shall pay the cost of the audit in an amount up to $7,500 per audited year.
3.6 Financial Records
Grantee agrees to meet with a representative of the City upon request to review Grantee's
methodology of record-keeping, financial reporting, the computing of Franchise Fee obligations
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Comcast Cable Television Franchise
and other procedures, the understanding of which the City deems necessary for reviewing reports
and records that are relevant to the enforcement of this Franchise.
3.7 Interest on Late Payments
In the event any payment is not received within forty-five (45) days from the end of the
scheduled payment period, Grantee shall pay, in addition to the payment or sum due, interest
from the due date at the prime rate as listed in the Wall Street Journal on the date the payment
was due, until the date the City receives the payment.
3.8 Maximum Franchise Fee
The parties acknowledge that, at present, applicable federal law limits City to collection of a
Franchise Fee of five percent (5%) of Gross Revenues in any twelve (l2) month period. In the
event that at any time throughout the term of this Franchise, City is authorized to collect an
amount in excess of five percent (5%) of Gross Revenues in any twelve (l2) month period, the
parties hereby agree to amend the Franchise after written notice to Grantee, and a public meeting
to discuss same provided that all wireline cable systems in the Franchise Area over which the
City has jurisdiction are treated in an equivalent manner. In the event that at any time throughout
the term of this Franchise, City is limited by federal law to collecting an amount which is less
than five percent (5%) of Gross Revenues in any twelve (l2) month period, Grantee may reduce
the Franchise Fee payments to the City in accordance with federal law and the parties hereby
agree to amend the Franchise unless the City would be covered under grandfathered provisions
under federal law to keep the Franchise Fee at 3.5% of Gross Revenues.
3.9 Additional Commitments Not Franchise Fees
No term or condition in this Franchise shall in any way modify or affect Grantee's obligation to
pay Franchise Fees. Although the total sum of Franchise Fee payments and additional
commitments set forth elsewhere in this Franchise may total more than five percent (5%) of
Grantee's Gross Revenues in any 12-month period, Grantee agrees that the additional
commitments regarding PEG funding, and Access Channels are excluded from the definition of
Franchise Fees herein and are not Franchise Fees, nor are they to be offset or credited against any
Franchise Fee payments due to City, pursuant to any federal law. Furthermore, City and Grantee
agree that any utility tax, business and occupation tax or similar tax shall be in addition to any
Franchise Fees required herein and there shall be no offset against Franchise Fees subject to
applicable law.
3.10 Payment on Termination
If this Franchise terminates for any reason, the Grantee shall file with the City within one
hundred twenty (120) calendar days of the date of the termination, a financial statement, certified
by an independent certified public accountant, showing the Gross Revenues received by the
Grantee since the end of the previous fiscal year. Within forty five (45) days of the filing of the
certified statement with the City, Grantee shall pay any unpaid amounts as indicated. If the
Grantee fails to satisfy its remaining financial obligations as required in this Franchise, the City
may do so by utilizing the funds available in a Letter of Credit or other security provided by the
Grantee.
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Comcast Cable Television Franchise
3.11 Service Packages
If Grantee offers bundled Cable Services and non-Cable Services to Subscribers, Grantee shall
fairly and reasonably allocate revenue with regard to Cable Services. If a dispute arises between
the parties regarding this matter, the City and Grantee will meet and discuss such matters in good
faith in an attempt to resolve the dispute.
3.12 Additional Compensation
In the event that Franchise Fees are prohibited by any law or regulation, Franchisee shall pay to
the City that amount, if any, which is determined by applicable law.
3.13 Tax Liability
The Franchise Fees shall be in addition to any and all taxes or other levies or assessments which
are now or hereafter required to be paid by businesses by any law of the City, the State or the
United States including, without limitation, sales, use, utility and other taxes, or business license
fees.
SECTION 4. ADMINISTRATION AND REGULATION
City shall be vested with the power and right to administer this Franchise and the
regulations and requirements of applicable law, including the Cable Act, or to delegate that
power and right of administration, or any part thereof, to the extent permitted under federal, State
and local law, to any agent in the sole discretion of the City.
4.1 Rates and Charges
Grantee rates and charges related to or regarding Cable Services shall be subject to regulation by
City to the full extent authorized by applicable federal, State and local laws. Customer billing
shall be itemized by service(s) per FCC Regulation 76.309 (B) (ii)(A) and 76.1619 or as
amended. Grantee shall comply with all applicable laws regarding rates for Cable Services and
all applicable laws covering issues of cross subsidization.
4.2 No Rate Discrimination
All Grantee rates and charges shall be published (in the form of a publicly-available rate card),
made available to the public, and shall be non-discriminatory as to all Persons of similar classes,
under similar circumstances and conditions. Grantee shall apply its rates in accordance with
governing law. Nothing herein shall be construed to prohibit:
(A) The temporary reduction or waiving of rates or charges in conjunction with
promotional campaigns;
(B) The offering of reasonable discounts to similarly situated Persons;
(C) The offering of rate discounts for either Cable Service generally; or
(D) The offering of bulk discounts for Multiple Dwelling Units.
(E) The Grantee offers to continue through a voluntary initiative a discount of 30%
from its published rate card rate to Subscribers for Basic Cable Services or the Basic portion of
Expanded Basic as part of their service (provided they are not already receiving a package
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Comcast Cable Television Franchise
discount) who are deemed low income by City standards and aged 65 years or older or disabled,
provided that such individual(s) are the legal owner or lessee/tenant of their Dwelling Unit.
4.3 Filing of Rates and Charges
(A) Throughout the term of this Franchise, Grantee shall maintain on file with City a
complete schedule of applicable rates and charges for Cable Services provided under this
Franchise. Nothing in this subsection shall be construed to require Grantee to file rates and
charges under temporary reductions or waivers of rates and charges in conjunction with
promotional campaigns.
4.4 Time Limits Strictly Construed
Whenever this Franchise sets forth a time for any act to be performed by Grantee, such time shall
be deemed to be of the essence, and any failure of Grantee to perform within the allotted time
may be considered a breach of this Franchise.
4.5 Performance Evaluation
(A) Special evaluation sessions may be held at any time upon request by City during
the term of this Franchise following Grantee’s repeated failure to comply with the terms of this
Franchise.
(B) All evaluation sessions shall be open to the public and announced at least one
week in advance in a newspaper of general circulation in the Franchise Area.
(C) Topics that may be discussed at any evaluation session may include those issues
surrounding Grantee’s failure to comply with the terms of the Franchise provided that nothing in
this subsection shall be construed as requiring the renegotiation of this Franchise or any term or
provision therein and further provided that this subsection need not be followed before other
legal or equitable remedies within this Franchise.
4.6 Leased Access Channel Rates
Upon request, Grantee shall provide a complete schedule of current rates and charges for any and
all Leased Access Channels, or portions of such Channels, provided by Grantee.
4.7 Late Fees
(A) For purposes of this subsection, any assessment, charge, cost, fee or sum,
however, characterized, that the Grantee imposes upon a Subscriber solely for late payment of a
bill is a late fee and shall be applied in accordance with applicable local, State and federal laws.
(B) The Grantee’s late fee and disconnection policies and practices shall be
nondiscriminatory, and such policies and practices, and any fees imposed pursuant to this
subsection, shall apply equally in all parts of the City without regard to the neighborhood or
income level of the subscribers.
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Comcast Cable Television Franchise
SECTION 5. FINANCIAL AND INSURANCE REQUIREMENTS
5.1 Indemnification
(A) General Indemnification. Grantee, at its sole cost and expense, shall indemnify,
defend and hold City, its officers, officials, boards, commissions, authorized agents,
representatives, and employees, harmless from any action or claim for injury, damage, loss,
liability, settlement, proceeding, judgment, or cost or expense, including court and appeal costs
and attorneys' fees and expenses, arising from any casualty or accident to Person or property,
including, without limitation, copyright infringement, defamation, and all other damages in any
way arising out of, or by reason of, any construction, excavation, erection, operation,
maintenance, repair or reconstruction, or any other act done under this Franchise, by or for
Grantee, its authorized agents, or by reason of any neglect or omission of Grantee its authorized
agents or its employees. Grantee shall consult and cooperate with the City while conducting its
defense of the City.
(B) Indemnification for Relocation. Subject to applicable law, Grantee shall
indemnify City for any damages, payable by City related to, arising solely out of or resulting
solely from Grantee’s failure to properly install, remove, adjust or relocate any of its facilities in
the streets in accordance with any lawful relocation required by City.
(C) Additional Circumstances. Grantee shall also indemnify, defend and hold City
harmless for any claim for injury, damage, loss, liability, cost and expense, including court and
appeal costs and attorneys' fees and expenses in any way arising out of any failure by Grantee to
secure consents from the owners, authorized distributors or Franchisees/licensors of programs to
be delivered by the Cable System, provided however, that Grantee will not be required to
indemnify the City for any claims arising out of the use of Access Channels by the City and/or its
Designated Access Providers or use by the City of the Emergency Alert Cable System.
(D) Procedures and Defense. If a claim or action arises, City or any other indemnified
party shall tender the defense of the claim or action to Grantee, which defense shall be at
Grantee's expense. City may participate in the defense of a claim and, in any event, Grantee may
not agree to any settlement of claims financially affecting City without City's written approval
that shall not be unreasonably withheld.
(E) Duty of Defense. The fact that Grantee carries out any activities under this
Franchise through independent contractors shall not constitute an avoidance of or defense to
Grantee's duty of defense and indemnification under this Section.
(F) Duty to Give Notice. The City shall give the Grantee timely written notice of any
claim or of the commencement of any action, suit or other proceeding covered by the indemnity
in this Section. In the event any such claim arises, the City or any other indemnified party shall
tender the defense thereof to the Grantee and the Grantee shall have the obligation and duty to
defend any claims arising thereunder, and the City shall cooperate fully therein.
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(G) Separate Representation. If separate representation to fully protect the interests of
both parties is necessary, such as a conflict of interest between the City and the counsel selected
by Grantee to represent the City, Grantee shall select other counsel without conflict of interest
with the City.
(H) The grant of this Franchise shall have no effect on the Grantee’s duty under the
prior franchises to indemnify or insure the City against acts and omissions occurring during the
period that the prior franchises were in effect, nor shall it have any effect upon Grantee’s liability
to pay all Franchise Fees which were due and owed under prior franchises.
5.2 Insurance Requirements
(A) General Requirement. Grantee shall maintain in full force and effect at its own
cost and expense each of the following policies of insurance:
(1) Commercial General Liability coverage for bodily injury, personal injury,
and property damage with limits of no less than two million dollars ($2,000,000) per occurrence.
The general aggregate limit shall be no less than five million dollars ($5,000,000). Such
insurance shall name the City, the City’s officers, officials, boards, commissions, agents,
representatives, volunteers and employees as additional insureds.
(2) Commercial Automobile Liability Insurance with minimum combined
single limits of at least two million dollars ($2,000,000) each occurrence and five million dollars
($5,000,000) aggregate with respect to each of Grantee’s owned, hired and non-owned, or any
other vehicles assigned to or used in any activities authorized under or used in conjunction with
this Franchise.
(3) Employer’s Liability with limits of at least one million dollars
($1,000,000).
(4) Workers’ Compensation insurance shall be maintained during the life of
this Franchise to comply with State law for all employees.
(B) Each policy shall provide that the insurance shall not be canceled or terminated so
as to be out of compliance with these requirements without forty-five (45) days’ written notice
first provided to the City via mail, and ten (10) days notice for nonpayment of any premium. If
the insurance is canceled or terminated so as to be out of compliance with the requirements of
this Franchise, Grantee shall provide a replacement policy. Grantee agrees to maintain
continuous uninterrupted insurance coverage, in at least the amounts required, until all work
required to be performed under the terms of this Franchise is satisfactorily completed and, in the
case of Commercial General Liability Insurance, for at least one (1) year after expiration of this
Franchise. Any failure of Grantee to comply with the claim reporting provisions of the
policy(ies) or any breach of an insurance policy warranty shall not affect coverage afforded under
the policy to protect the City. However, if coverage is not afforded under these circumstances,
Grantee will indemnify City for losses City otherwise would have been covered for as an
additional insured.
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All insurance policies, except Workers Compensation, shall contain a waiver of transfer rights of
recovery (subrogation) against City, its officers, officials, agents, and employees for any claims
arising out of Grantee’s work or service. Grantee solely shall be responsible for deductibles
and/or self-insured retention, and City, at its option, may require Grantee to secure the payment
of such deductible or self-insured retention by a surety bond or an irrevocable Letter of Credit.
(C) Endorsements.
(1) All policies shall contain, or shall be endorsed so that:
(a) The City, and the City’s officers, officials, boards, commissions,
agents, representatives, and employees are to be covered as, and have the rights of, additional
insured’s with respect to liability arising out of activities performed by, or on behalf of, Grantee
under this Franchise or applicable law, or in the construction, operation, upgrade, maintenance,
repair, replacement or ownership of the Cable System;
(b) Grantee's insurance coverage shall be primary insurance with
respect to the City, City Council and the City’s officers, officials, boards, commissions, agents,
and employees. Any insurance or self insurance maintained by the City, City Council and the
City’s officers, officials, boards, commissions, agents, representatives, volunteers or employees
shall be in excess of the Grantee's insurance and shall not contribute to it, provided the
occurrence arises out of Grantee's negligence; and
(c) Grantee's insurance shall apply separately to each insured against
whom a claim is made or lawsuit is brought, except with respect to the limits of the insurer's
liability.
(D) Verification of Coverage. The Grantee shall furnish the City with certificates of
insurance and an endorsement reflecting additional insured status. The certificates for each
insurance policy are to be on standard forms or such forms as are consistent with standard
industry practices, and are to be received and approved by the City at the time of acceptance of
this Franchise by Grantee with existing insurance coverage to be maintained by Grantee until that
date. The Grantee hereby warrants that its insurance policies satisfy the requirements of this
Franchise.
5.3 Security
(A) Grantee shall provide a performance bond in the amount of twenty-five thousand
dollars ($25,000) to ensure the faithful performance of its responsibilities under this Franchise
and applicable law, including, by way of example and not limitation, its obligations to relocate
and remove its facilities and to restore City Rights-of-Way and other property. Grantee may be
required to obtain additional bonds, such as generally applicable construction bonds, in
accordance with the City's ordinary practices. The construction bond and performance bond shall
be in a standard industry form. Grantee shall pay all premiums or costs associated with
maintaining the bond(s), and shall keep the same in full force and effect at all times. Except as
expressly provided herein, the Grantee shall not be required to obtain or maintain other bonds as
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Comcast Cable Television Franchise
a condition of being awarded the Franchise or continuing its existence.
(B) If there is uncured breach by Grantee of a material provision of this Franchise or
pattern of repeated violations of any provision(s) of this Franchise, then the City may request and
Grantee shall establish and provide within thirty (30) days from receiving notice from the City, to
the City as security for the faithful performance by Grantee of all of the provisions of this
Franchise, a letter of credit from a financial institution satisfactory to the City in the amount of
twenty-five thousand dollars ($25,000).
(C) After the giving of notice by the City to Grantee, and expiration of any applicable
cure period, the letter of credit may be drawn upon by the City for purposes that include, but are
not limited to the following:
(1) Failure of Grantee to pay the City sums due under the terms of this
Franchise;
(2) Reimbursement of costs borne by the City to correct Franchise violations
not corrected by Grantee; and
(3) Liquidated damages assessed against Grantee as provided in this
Franchise.
(D) The City shall give Grantee written notice of any withdrawal under this subsection
upon such withdrawal. Within ten (l0) days following receipt of such notice, Grantee shall
restore the letter of credit to the amount required under this Franchise. Grantee's maintenance of
the letter of credit shall not be construed to excuse unfaithful performance by Grantee or limit the
liability of Grantee to the amount of the letter of credit or otherwise limit the City's recourse to
any other remedy available at law or in equity.
(E) Grantee agrees to maintain continuous uninterrupted letter of credit and bonds in
the amounts required for the duration of this Franchise or as otherwise specified in this
Franchise.
(F) Grantee shall have the right to appeal to the City Council for reimbursement in the
event Grantee believes that the letter of credit was drawn upon improperly. After a determination
by the City Council, Grantee shall also have the right of judicial appeal if Grantee believes the
letter of credit has not been properly drawn upon in accordance with this Franchise. Any funds
the City erroneously or wrongfully withdraws from the letter of credit shall be returned to
Grantee with interest, from the date of withdrawal at a rate equal to the prime rate of interest as
quoted in the Wall Street Journal.
SECTION 6. CUSTOMER SERVICE
6.1 Customer Service Standards
Grantee shall comply with Customer Service Standards as provided in FCC Standards 47 C.F.R.
Sections 76.309, 76.1602, 76.1603 and 76.1619.
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6.2 Subscriber Privacy
Grantee shall comply with privacy rights of Subscribers in accordance with applicable law.
6.3 Customer Service Location(s)
For a period of two (2) years, the Grantee must maintain, at a minimum, one (1) Customer
service location as prescribed herein conveniently located within Kitsap County that will be open
during Normal Business Hours, to provide Subscribers the opportunity to pick up (certain types
of equipment depending upon size and subject to storage availability on site) and return
Subscriber equipment and to make bill payments. Sixty (60) days prior to any closure of such
Customer Service location, the City and the Grantee agree to meet to discuss any prospective
closure. In addition, Grantee shall at all times maintain a Customer support center where
Customers may access information related to services and products, make bill payments or
"speak" with a Customer Service Representative. Grantee is encouraged to provide a website.
6.4 Customer Service Agreement and Manual
(A) Grantee shall provide to Subscribers an accurate, comprehensive service
agreement (currently called the work order) and Customer installation packet (currently called the
Install Package) for use in establishing Subscriber service. This material shall, at a minimum,
contain the following:
(1) Grantee's procedure for investigation and resolution of Subscriber service
complaints.
(2) Services to be provided and rates for such services.
(3) Billing procedures.
(4) Service termination procedure.
(5) A description of the manner that will be used to provide notice of changes
in rates, service or service terms and conditions.
(6) A complete statement of the Subscriber's right to privacy.
(7) Equipment policy.
(8) The name, address and phone number of the Customer care department
that is responsible for handling cable questions and complaints for the Grantee.
(B) A copy of the installation packet shall be available to each Subscriber at the time
of initial installation and any reconnection or Cable Service upgrade requiring a home visit by the
Grantee (excluding reconnections to the same Subscriber within twelve (12) months), and at any
time the packet is requested by the Subscriber. Within thirty (30) days following material policy
changes, information regarding the changes will be provided to Subscribers.
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Comcast Cable Television Franchise
SECTION 7. REPORTS AND RECORDS
7.1 Open Records
7.1.1. Books and Records. Throughout the term of this Franchise, the Grantee agrees
that the City, upon reasonable prior written notice to the Grantee, may review such of the
Grantee’s books and records regarding the operation of the Cable System and the provision of
Cable Service in the Franchise Area which are reasonably necessary to monitor Grantee’s
compliance with the provisions of this Franchise at the Grantee’s business office, during normal
business hours, and without unreasonably interfering with Grantee’s business operations. Such
books and records shall include any records required to be kept in a public file by the Grantee
pursuant to the rules and regulations of the FCC. All such documents pertaining to financial
matters that may be the subject of an inspection by the City shall be retained by the Grantee for a
minimum period of five (5) years.
7.1.2. File for Public Inspection. Throughout the term of this Franchise, the Grantee
shall maintain at its business office, in a file available for public inspection during normal
business hours, those documents required pursuant to the FCC’s rules and regulations.
7.2 Confidential / Proprietary Information. Not withstanding anything to the contrary set
forth in this Section, the Grantee shall not be required to disclose information that it reasonably
deems to be proprietary or confidential in nature. That said, Grantee does agree to provide all
information reasonably required to verify compliance with the material terms of the Franchise.
City agrees to keep confidential any proprietary or confidential books or records to the extent
permitted by law. Grantee shall be responsible for clearly and conspicuously identifying the
work confidential or proprietary, and shall provide a brief written explanation as to why such
information is confidential and how it may be treated as such under State or federal law. If City
receives a demand from any Person for disclosure of any information designated by Grantee as
confidential, City shall, so far as consistent with applicable law, advise Grantee and provide
Grantee with a copy of any written request by the party demanding access to such information
within a reasonable time.
7.3 Records Required
Grantee shall at all times maintain:
(A) Access to a full and complete set of plans, records and "route" maps showing the
location of all Cable System equipment installed or in use in the Rights-of-Way, that are
generated in Grantee's normal course of business;
(B) A copy of all FCC filings on behalf of Grantee, its parent corporations or
Affiliates that relate to the operation of the Cable System in the Franchise Area;
(C) A list of Grantee's Cable Services, rates and Channel line-ups;
(D) A compilation of Subscriber complaints, actions taken and resolution, and a log of
service calls.
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(E) Financial records as referred to in Section 3.
7.4 Copies of Federal and State Reports
Upon written request, Grantee shall submit to City copies of any pleading, applications,
notifications, communications and documents of any kind, submitted by Grantee or its Affiliates
to any federal, State or local courts, regulatory agencies and other government bodies if such
documents directly relate to the operations of Grantee's Cable System within the Franchise Area.
Grantee shall submit such documents to City no later than thirty (30) days after receipt of City's
request. Grantee shall not claim confidential, privileged or proprietary rights to such documents
unless under federal, State, or local law such documents have been determined to be confidential
by a court of competent jurisdiction, or a federal or State agency. With respect to all other
reports, documents and notifications provided to any federal, State or local regulatory agency as a
routine matter in the due course of operating Grantee's Cable System within the Franchise Area,
Grantee shall make such documents available to City upon City's written request.
7.5 Complaint File and Reports
Grantee shall keep an accurate and comprehensive compilation of any and all Customer
complaints received and Grantee's actions in response to those complaints, in a manner consistent
with the privacy rights of Subscribers. Grantee shall provide an executive summary report to the
City on an annual basis within ninety (90) days of the end of each year that shall include the
following information:
(A) Nature and type of Customer complaints;
(B) Average response time for service calls;
(C) Phone activity report;
(D) A summary of the previous year’s activities regarding the development of the
Cable System, including, beginning and ending plant miles constructed, any technological
changes occurring in the Cable System and the number of subscribers for each class of Cable
Service (i.e., Basic, Expanded Basic Service, premium, etc.);
7.6 Inspection of Facilities and Annual Meeting
City may inspect any of Grantee's facilities and equipment located in the Rights-of-Way or on
other public property at any reasonable time during business hours upon at least twenty-four (24)
hours notice, or, in case of emergency, upon demand without prior notice.
Throughout the term of the Franchise, Grantee shall meet with the City on an annual basis upon
fifteen (15) days prior written notice from City. Matters to be discussed include, but are not
limited to Customer service, Cable System performance, technical issues and other matters
related to Grantee's operation of the Cable System.
7.7 False Statements
Any intentional false or misleading statement or representation in any report required by this
Franchise shall be a material breach of this Franchise and may subject Grantee to all remedies,
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Comcast Cable Television Franchise
legal or equitable, that are available to City under this Franchise.
SECTION 8. PROGRAMMING
8.1 Broad Programming Categories
Grantee shall provide at least the following initial broad categories of programming to the extent
such categories are reasonably available.
(A) Educational programming;
(B) News, weather and information;
(C) Sports;
(D) General entertainment including movies;
(E) Foreign language programming.
8.2 Deletion of Broad Programming Categories
(A) Grantee shall not delete or so limit as to effectively delete any broad category of
programming within its control without prior written notice to the City.
(B) In the event of a modification proceeding under federal law, the mix and quality
of Cable Services provided by Grantee shall follow the guidelines of Federal law.
8.3 Obscenity
Grantee shall not transmit, or permit to be transmitted, over any Channel subject to its editorial
control any programming which is obscene under applicable federal, State or local laws.
8.4 Services for the Disabled
Grantee shall comply with the Americans With Disabilities Act and any amendments or
successor legislation thereto.
8.5 Parental Control Device
Upon request by any Subscriber, Grantee shall make available at no charge a parental control or
lockout device, traps or filters to enable a Subscriber to control access to both the audio and
video portions of any Channels. Grantee shall inform its Subscribers of the availability of the
lockout device at the time of their initial subscription and periodically thereafter.
8.6 Complementary Cable Service
The Grantee, upon request, shall provide without charge, a Standard Installation and one outlet of
Basic Service to those City buildings now existing, acquired or hereafter constructed provided
that the buildings are either owned and occupied or leased and occupied by the City, for
administrative purposes, fire station(s), police station(s), libraries and School(s) and provided
further that they are already served or are within 125 aerial service feet or 60 underground trench
feet (a Standard Installation) of its Cable System, excluding those buildings or portions of
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buildings that house or occupy prison/jail populations. The Cable Service described herein is a
voluntary initiative that Grantee offers to continue throughout the term of this Franchise. The
Cable Service provided shall not be distributed beyond the originally installed outlet without
authorization from Grantee. In the case of leased facilities, the recipient of service is responsible
for securing approval for appropriate right of entry suitable to the Grantee in its reasonable
discretion. The Cable Service provided shall not be used for commercial purposes and the City
shall take reasonable steps to limit display in public areas to the City Access Channels. The City
shall take reasonable precautions to prevent any use of the Grantee's Cable System in any manner
that results in the inappropriate use thereof or any loss or damage to the Cable System. To the
extent not inconsistent with other provisions in this Franchise, the City shall hold the Grantee
harmless from any and all liability or claims arising out of the use of Cable Service at City
facilities and other facilities identified in this Section. For new hookups, the Grantee shall not
provide an outlet to such buildings where a non-Standard Installation is required, unless the City
or building owner/occupant agrees to pay the cost of any necessary Cable System extension and
non-Standard Installation. If additional outlets of Cable Service are provided to such buildings
beyond those required herein, there shall not be any monthly service fees associated therewith.
8.7 New Technology
(A) If there is a new technology, Cable Service program offering, programming
delivery method or other such new development that Grantee in its sole discretion decides to beta
test or trial on a limited basis in the marketplace, and such a test or trial is suited to the size and
demographics of the City, Grantee shall be allowed by City to conduct the trial or beta test in the
City so long as such a test is technically feasible.
(B) If there is a new technology that in City's opinion would enhance substantially the
quality or quantity of programming available to Subscribers on the Cable System, Grantee shall,
at the request of the City, investigate the feasibility of implementing said technology and report
to City the results of such investigation within ninety (90) days from the date of such request.
SECTION 9. PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS
9.1 Access Channels
At all times during the term of this Franchise, Grantee shall provide, as part of the Basic Service
package, at no charge, the following Access Channels:
One (1) Channel for Governmental and other Access Programming; and
One (1) Channel for the Scrambled Channel.
Additionally, Grantee shall make available at no charge one (1) additional Channel to be
triggered for PEG programming in accordance with Section 9.2 herein. It is further agreed that
any Access Channel that has Governmental Programming may also be utilized for public access
programming.
In addition, Grantee shall endeavor to carry regional educational Channels in the City.
In the event Grantee makes any change in the Cable System and related equipment and facilities
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Comcast Cable Television Franchise
or in signal delivery technology, which change directly or indirectly affects the signal quality or
transmission of any Access Channel programming or services, the Grantee shall, at its own
expense, take necessary technical steps, acquire new equipment so that the Access facilities and
equipment may be used as intended to ensure that delivery of Access Video Programming signals
is not diminished or adversely affected, including, among other things, so that live and taped
programming can be cablecast with as good or better signal quality than existed prior to such
change. For example, these provisions shall apply if Basic Service on the Cable System is
converted from an analog to a digital format, such that the Access Channels must also be
converted to digital in order to be received by Subscribers.
9.2 Triggers for Additional Access Channel
Pursuant to Section 9.1 (Access Channels), the City may require Grantee to make available an
additional activated Downstream Channel when the Access Channels required by Section 9.1 are
used for Locally Scheduled Original Programming (excluding character generated and filler
programming, e.g. video bulletin board, NASA, AM/FM Radio Programming) at least forty eight
(48) hours per week eighty percent (80%) of the time between 10:00 A.M. and 10:00 P.M.,
Monday through Friday during any consecutive ten (10) week period, and then Grantee shall
make available, upon written request within six (6) months one additional Access Channel for
Access Programming purposes. Therefore, an average of 3.2 hours of non-replay original
programming per day on a five day per week basis for a ten (10) consecutive week period is
required to trigger use of an additional Access Channel. The programming of an additional
Access Channel required herein must contain distinct and non-repetitive programming of the
other Access Channel.
9.3 Management and Control of Access Channels
(A) City may authorize Designated Access Providers to control, operate, and manage
the use of any and all Access facilities provided by Grantee under this Franchise, including,
without limitation, the operation of Access Channels. The City or its designee may formulate
rules for the operation of the Access Channels, consistent with this Franchise, the FCC, federal
and State law. Nothing herein shall prohibit the City from authorizing itself to be a Designated
Access Provider.
(B) Grantee shall cooperate with City and Designated Access Providers in the use of
the Cable System and Access facilities for the provision of Access Channels.
9.4 Underutilized Access Channels
Grantee and the City agree that it is their mutual goal to fully and efficiently use the Channel
capacity of the Cable System, which may include allowing the Grantee to use underutilized
Access Channels. If Grantee believes that any Access Channel is underutilized, Grantee may file
a request with the City to use that Access Channel. The City shall in its sole and absolute
discretion render a decision regarding the matter within sixty (60) days of receiving the request.
Should the City find that the Access Channel may be used by the Grantee, then Grantee may
begin using such Channel ninety (90) days after receipt of the decision.
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9.5 Access Channel Identification/Location/Relocation/Bill Insertions
Grantee will use reasonable efforts to minimize the movement of Access Channel assignments.
Grantee shall provide to the City a minimum of sixty (60) days notice, and use its best efforts to
provide ninety (90) days notice, prior to any relocation of its Access Channels, unless the change
is required by federal law, in which case Grantee shall give the City the maximum notice
possible. Any Access Channel that is relocated shall be carried on the Basic or Expanded Basic
Channel line-up. Grantee shall reimburse the City up to three thousand dollars ($3,000.00) for
the necessary cost of replacing printed materials in the event that the Access Channel is moved.
Grantee, upon request, and when space is available, shall provide the City the opportunity to
include two bill insertions per year. The City or Designated Access Providers shall be
responsible for the costs of printing its bill insertions, the cost of inserting the information into
Grantee’s bills and for any incremental postage costs. Bill insertions must conform to Grantee’s
reasonable mailing requirements. Grantee shall be provided an opportunity to review and
approve all Access bill insertions.
9.6 Access Interconnections
(A) Grantee shall, in accordance with this Franchise, continue throughout the term of
this Franchise to maintain the existing Interconnection with the adjacent cable systems owned
and operated by Grantee or an Affiliate of Grantee. Grantee, at its expense shall take all
necessary technical steps to ensure that downstream transmissions provide an adequate signal
quality in accordance with FCC regulations.
(B) Grantee shall, in accordance with this Franchise, continue throughout the term of
this Franchise to maintain the existing Interconnect with the adjacent cable system not owned or
operated by Grantee or an Affiliate of Grantee.
(C) Nothing in this section alters Grantee’s Channel obligations for Access
programming delivered to Subscribers within the Franchise Area.
(D) It is not the Grantee's responsibility to ensure that the signals provided to the
existing Interconnection by another Interconnecting cable system meet industry standards.
(E) City retains the right to contract with other Persons for fiber and lines that are not
paid for or provided by Grantee and Grantee acknowledges and agrees that given the complexity
of the network in the City, there are and may be situations where Grantee's fiber may be used for
transport in addition to other Person's facilities used by the City.
(F) Any equipment and construction costs borne by Grantee in connection with the
obligation to provide for Access Channel Interconnection shall be considered a capital cost. City
agrees that such cost is an "external cost" as such term is used in 47 C.F.R. Section 76.922(f) on
the date of this Franchise, and as such, the cost is permitted under federal law and regulation to
be passed through to Subscribers, to the extent and in a manner provided for in federal
regulations governing the same.
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9.7 Support for Access Capital Costs
Beginning on the Effective Date of this Franchise, Grantee shall pay to City a Capital
Contribution for educational and government access capital expenditures in an amount up to
twenty-five cents ($.25) per Subscriber per month. This amount may be changed by City during
the term of the Franchise via written notice to Grantee by the Mayor which shall begin remitting
such amount, up to thirty-five ($.35) per subscriber per month, within sixty (60) days of the
written notice. Grantee shall make such payments quarterly, no later than thirty (30) days
following the end of the quarter. The City agrees that 47 C.F.R. §76.922 permits Grantee to add
the cost of the Capital Contribution to the price of Cable Services and to collect the Capital
Contribution from Subscribers. In addition, as permitted in 47 C.F.R. §76.985, all amounts paid
as the Capital Contribution may be separately stated on Subscriber’s bills as a government access
capital equipment fee.
9.8 Access Channels On Lowest Tier
All Access Channels provided to Subscribers under this Franchise shall be included by Grantee,
without limitation, on the Tier of Cable Service as required by the FCC.
9.9 Technical Quality
The Grantee shall maintain all Access channels and Interconnections as required by FCC
standards.
9.10 Return Connectivity
(A) Throughout the term of this Franchise, Grantee at its cost and expense shall
continue to provide and maintain local origination return lines from the Bremerton High School
(1500 13th Street), Olympic College (1600 Chester Street), and Admiral Theatre (515 Pacific
Ave.) to the Norm Dicks Government Center at 345 6th Street, Bremerton, Washington 98337.
Grantee at its cost and expense shall also continue to provide and maintain a local origination
return line from the origination point located within the Norm Dicks Government Center to the
Kitsap County Fairgrounds and from the Fairgrounds to its Headend. The City shall utilize all
local origination return lines for the transmission of PEG programming for the Access Channels
only and shall provide and maintain all necessary edge devices for transmission and reception.
Upon written request of the City, Grantee shall construct and maintain additional fiber-optic
return connectivity from the City to other locations within the Franchise Area, for the purpose of
delivering Access programming to the City. All return connectivity engineering and construction
costs for additional fiber optic connectivity shall be paid by the City at a cost mutually agreed to
between the City and Grantee prior to beginning construction, and shall be completed within four
(4) months of the year following City’s acceptance of Grantee’s estimated cost. Grantee must
submit to City, all requested estimates, prior to March 1st of each calendar year, and City must
respond, to Grantee, with acceptance or refusal prior to June 1st of each calendar year. City shall
be responsible for any of Grantee’s engineering costs associated with a project requested by City,
but not accepted for construction. Grantee may require that a reasonable deposit of the estimated
project cost be paid in advance.
(B) After satisfactory completion of work requested by the City for which the City is
to reimburse the Grantee and upon submission by Grantee of a proper invoice for payment of the
cost reasonably incurred and accompanied by such evidence in support thereof, the City agrees to
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Comcast Cable Television Franchise
make payment for the cost reasonably incurred up to the estimated cost for the work; provided,
however, that all payments shall be subject to adjustment for any amount found upon audit or
otherwise to have been improperly invoiced. All work shall be performed in a cost-effective
manner to minimize the costs to the City.
SECTION 10. GENERAL RIGHT-OF-WAY USE AND CONSTRUCTION
10.1 Construction
(A) Grantee shall perform all maintenance, construction, repair, upgrade and
reconstruction necessary for the operation of its Cable System in accordance with applicable
laws, regulations, ordinances and provisions of this Franchise. To the extent practicable and
economically feasible, Grantee’s construction and location of its facilities shall be of minimal
impact to City streets and sidewalks located within the Rights-of-Way. All construction and
maintenance of any and all of Grantee's facilities within Rights-of-Way shall, regardless of who
performs the construction, be and remain Grantee's responsibility.
(B) Prior to beginning any construction, Grantee shall provide City with a
construction schedule for work in the Rights-of-Ways as required by City's permitting
regulations.
(C) Grantee may make excavations in Rights-of-Way for any facility needed for the
maintenance or extension of Grantee's Cable System. Prior to doing such work, Grantee shall
apply for, and obtain, appropriate permits from City, and give appropriate notices to City, and
Grantee shall pay all applicable fees upon issuance of the requisite construction permits by City
to Grantee. As a condition of any permits so issued, City officials may impose such conditions
and regulations as are necessary for the purpose of protecting any structures in such Rights-of-
Way, proper restoration of such Rights-of-Way and structures, protection of the public and the
continuity of pedestrian or vehicular traffic. Whenever it is possible and reasonably practicable
to joint trench or share bores or cuts, Grantee shall work with other providers, permittees and
franchisees so as to reduce so far as possible the number of Rights-of-Way cuts within the
Franchise Area.
(D) In the event that emergency repairs are necessary, Grantee may initiate such
emergency repairs, and shall apply for appropriate permits within forty-eight (48) hours after
discovery of the emergency.
10.2 Location of Facilities
Within three (3) business days, unless otherwise specified in federal, State or local regulations,
after the City or any franchisee or permittee of the City notifies Grantee of a proposed Right-of-
Way excavation, Grantee shall, at Grantee's expense, mark on the surface all of its located
underground facilities within the area of the proposed excavation;
10.3 Restoration of Rights-of-Way
(A) When any opening is made by Grantee in a hard surface pavement in any Rights-
of-Way, Grantee shall promptly refill the opening and restore the surface as required by its
construction permit.
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Comcast Cable Television Franchise
(B) If Grantee excavates the surface of any Rights-of-Way, Grantee shall be
responsible for restoration in accordance with applicable regulations regarding the Rights-of-
Way and its surface within the area affected by the excavation. City may, after providing notice
to Grantee, and Grantee’s failure to respond within the agreed upon time, refill or repave any
opening made by Grantee in the Rights-of- Way, and the expense thereof shall be paid by
Grantee. City may, after providing notice to Grantee, and Grantee’s failure to respond within the
agreed upon time, remove and repair any work done by Grantee that, in the determination of
City, does not conform to applicable code. The cost thereof, including the costs of inspection
and supervision shall be paid by Grantee. All of Grantee's work under this Franchise, and this
Section in particular, shall be done in compliance with all laws, regulations and ordinances of
City and State.
10.4 Maintenance and Workmanship
(A) Grantee's Cable System shall be constructed and maintained in such manner as not
to interfere with sewers, water pipes or any other property of City, or with any other pipes, wires,
conduits, pedestals, structures or other facilities that may have been laid in Rights-of-Way by, or
under, City's authority.
(B) Grantee shall provide and use any equipment and appliances necessary to control
and carry Grantee's signals so as to prevent injury to City's property or property belonging to any
Person. Grantee, at its own expense, shall repair, renew, change and improve its facilities to keep
them in safe condition.
(C) The Grantee's transmission and distribution Cable System, wires and
appurtenances shall be located, erected and maintained so as not to endanger or interfere with the
lives of Persons, or to unnecessarily hinder or obstruct the free use of Rights-of-Way, or other
public property.
(D) Grantee will maintain membership in good standing with the Utility’s
Underground Location Center, or other similar or successor organization designated to
coordinate underground equipment locations and installations. Grantee shall abide by
Washington State's "Underground Utilities" statutes and will further comply with and adhere to
procedures relating to the one call locator service program.
(E) Grantee shall give reasonable notice to private property owners of construction
work in adjacent Rights-of-Way.
10.5 Acquisition of Facilities
Upon Grantee's acquisition of facilities in any Rights-of-Way, or upon the addition or annexation
to the City of any area in which Grantee owns or operates any facility, such facilities shall
immediately be subject to the terms of this Franchise.
10.6 Reservation of Rights-of-Way
Nothing in this Franchise shall prevent City from constructing any public work or improvement.
If any of Grantee's Cable System interferes with the construction or repair of any Rights-of-Way
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or public improvement, including construction, repair or removal of a sewer or water main,
Grantee's Cable System shall be removed or relocated in the area City shall direct. Any and all
such removal or relocation shall be at the expense of Grantee. In the case of a joint relocation
project, Grantee shall be responsible for the cost of relocating its facilities. All such removal or
relocation shall be preceded by sixty (60) days written notice or such additional time as may be
provided by City. Should Grantee fail to remove, adjust or relocate its facilities by the date
established by City's written notice to Grantee, City may effect such removal, adjustment or
relocation, and the expense thereof shall be paid by Grantee.
(A) Movement of Cable System For and By City.
The City may remove or disconnect Grantee's facilities and equipment located in the
Right-of-Way or on any other property of the City in the case of fire, disaster or other
emergency. Except during an emergency, the City shall provide reasonable notice to
Grantee prior to taking such action and shall provide Grantee with the opportunity to
perform such action. Following notice by the City, Grantee shall remove, replace,
relocate, modify or disconnect any of its facilities or equipment within any Right-of-Way,
or on any other property of the City, except that the City shall provide at least sixty (60)
days' written notice of any major capital improvement project that would require the
removal, relocation, replacement, modification or disconnection of Grantee's facilities or
equipment. If the Grantee fails to complete this work within the time prescribed and to
the City's satisfaction, the City may cause such work to be done and bill the cost of the
work to the Grantee. Grantee shall remit payment to City within thirty (30) days of
receipt of an itemized list of those costs.
(B) Movement for Other Permittees.
At the request of any Person holding a valid permit and upon reasonable advance notice,
Grantee shall temporarily raise, lower or remove its wires as necessary to permit the
moving of a building, vehicle, equipment or other item. The cost of such temporary
change must be paid by the permit holder, and Grantee may require the estimated
payment in advance.
10.7 Rights-of-Way Vacation
If any Rights-of-Way or portion thereof used by Grantee is vacated by City during the term of
this Franchise, unless City specifically reserves to Grantee the right to continue the use of
vacated Rights-of-Way, Grantee shall, without delay or expense to City, remove its facilities
from such Rights-of-Way, and restore, repair or reconstruct the Rights-of-Way where such
removal has occurred. In the event of failure, neglect or refusal of Grantee, after thirty (30) days'
notice by City, to restore, repair or reconstruct such Rights-of-Way, City may do such work or
cause it to be done, and the reasonable cost thereof, as found and declared by City, shall be paid
by Grantee within thirty (30) days of receipt of an invoice and documentation.
10.8 Removal of Discontinued Facilities
Whenever Grantee intends to discontinue using any facility within the Rights-of-Way, Grantee
shall submit to City a complete description of the facility and the date on which Grantee intends
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to discontinue using the facility. Grantee may remove the facility or request that City allow it to
remain in place. Notwithstanding Grantee's request that any such facility remain in place, City
may require Grantee to remove the facility from the Rights of Way or modify the facility to
protect the public health, welfare, safety and convenience, or otherwise serve the public interest.
City may require Grantee to perform a combination of modification and removal of the facility.
Grantee shall complete such removal or modification in accordance with a schedule set by City.
Until such time as Grantee removes or modifies the facility as directed by City, or until the rights
to and responsibility for the facility are accepted by another Person having authority to construct
and maintain such facility, Grantee shall be responsible for the facility, as well as maintenance of
the Rights-of-Way, in the same manner and degree as if the facility were in active use, and
Grantee shall retain all liability for such facility. If Grantee abandons its facilities, City may
choose to use such facilities for any purpose whatsoever including, but not limited to, Access
Channel purposes.
10.9 Hazardous Substances
(A) Grantee shall comply with all applicable State and federal laws, statutes,
regulations and orders concerning hazardous substances within the Rights-of-Way.
(B) Upon reasonable notice to Grantee, City may inspect Grantee's facilities in Rights-
of-Way to determine if any release of hazardous substances has occurred, or may occur, from or
related to Grantee's Cable System. In removing or modifying Grantee's facilities as provided in
this Franchise, Grantee shall also remove all residue of hazardous substances related thereto.
10.10 Undergrounding of Cable
(A) Wiring.
(1) Where electric or telephone utility wiring is installed underground at the
time of Cable System construction, or when all such wiring is subsequently placed underground,
all Cable System lines, wiring and equipment shall also be placed underground with other
wireline service at no expense to the City. Related Cable System equipment, such as pedestals,
must be placed in accordance with applicable City Code requirements and rules. In areas where
electric or telephone utility wiring are aerial, the Grantee may install aerial cable, except when a
property owner or resident requests underground installation and agrees to bear the additional
cost in excess of aerial installation.
(2) The Grantee shall utilize existing poles and conduit wherever possible.
(3) This Franchise does not grant, give or convey to the Grantee the right or
privilege to install its facilities in any manner on specific utility poles or equipment of the City or
any other Person.
(4) The Grantee and the City recognize that situations may occur in the future
where the City may desire to place its own cable or conduit for Fiber Optic cable in trenches or
bores opened by the Grantee. Therefore, if the Grantee further upgrades its Cable System, the
Grantee shall submit these plans to the City in accordance with the City's permitting process so
that such opportunities may be explored. However, nothing set forth herein shall obligate the
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Grantee to slow the progress of any future upgrade of the Cable System to accommodate the
City. In addition, the Grantee agrees to cooperate with the City in any other construction by the
Grantee that involves trenching or boring. If sufficient space is reasonably available, the Grantee
shall allow the City to lay its cable, conduit and Fiber Optic cable in the Grantee's trenches and
bores, provided the City shares in the cost of the trenching and boring on the same terms and
conditions as the Grantee at that time shares the total cost of trenches and bores. The City shall
be responsible for maintaining its respective cable, conduit and Fiber Optic cable buried in the
Grantee's trenches and bores under this paragraph.
(5) The City shall not be required to obtain easements for the Grantee.
(6) The Grantee may participate with other providers in joint trench projects to
relocate its overhead facilities underground and remove its overhead facilities in areas where all
utilities are being converted to underground facilities.
(B) Repair and Restoration of Property.
If public property is disturbed or damaged by Grantee arising out of or in connection with
the provision of Cable Service, the Grantee shall restore the property to its former
condition. Rights-of-Way or other City property shall be restored in a manner and within
a timeframe approved by the City's Director of Public Works & Utilities or his or her
designee. If restoration of Rights-of-Way or other property of the City is not satisfactorily
performed within a reasonable time, the Director of Public Works & Utilities may, after
prior notice to the Grantee, or without notice where the disturbance or damage may create
a risk to public health, safety or welfare, or cause delay or added expense to a public
project or activity, cause the repairs to be made at the Grantee's expense and recover the
cost of those repairs from the Grantee. Within thirty (30) days of receipt of an itemized
list of those costs, including the costs of labor, materials and equipment, the Grantee shall
issue payment to the City. If suit is brought by City upon Grantee's failure to pay for
repair or restoration, the responsibility for reasonable costs and expenses of the prevailing
party including attorney costs and fees, will be determined by a court of competent
jurisdiction.
10.11 Codes
Grantee shall strictly adhere to all building and zoning codes currently in effect. Grantee shall
arrange its lines, cables and other appurtenances, on both public and private property, in such a
manner as to cause no unreasonable interference with the use of said public or private property
by any Person. In the event of such interference, City may require the removal or relocation of
Grantee's lines, cables and other appurtenances from the property in question.
10.12 Construction and Use of Poles
Whenever feasible, Grantee shall use existing poles when the installation of facilities above-
ground is permitted. In the event Grantee cannot obtain the necessary poles and related facilities
pursuant to a pole attachment agreement, and only in such event, then it shall be lawful for
Grantee to make all needed excavations in the streets for the purpose of placing, erecting, laying,
maintaining, repairing and removing poles, conduits, supports for wires and conductors, and any
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other facility needed for the maintenance or extension of Grantee's Cable System.
10.13 Tree Trimming
Upon obtaining a written permit from City, if such a permit is required, Grantee may prune or
cause to be pruned, using proper pruning practices in accordance with such permit, any tree in the
Rights-of-Way that interferes with the Cable System.
10.14 Standards
(A) The Grantee must comply with all federal, State and local safety requirements,
rules, regulations, laws and practices, and employ all necessary devices as required by applicable
law during construction, operation and repair of its Cable System. By way of illustration and not
limitation, the Grantee must comply with the National Electric Code, National Electrical Safety
Code and Occupational Safety and Health Administration (OSHA) Standards.
(B) All installations of equipment shall be permanent in nature, and shall not interfere
with the travel and use of public places by the public during the construction, repair, operation or
removal thereof, and shall not obstruct or impede traffic.
10.15 Stop Work
On notice from City that any work is being conducted contrary to the provisions of this
Franchise, or in violation of the terms of any applicable permit, laws, regulations, ordinances or
standards, the work may immediately be stopped by City. The stop work order shall:
(A) Be in writing;
(B) Be given to the Person doing the work, or posted on the work site;
(C) Be sent to Grantee by mail at the address given herein;
(D) Indicate the nature of the alleged violation or unsafe condition; and
(E) Establish conditions under which work may be resumed.
10.16 Work of Contractors and Subcontractors
Grantee's contractors and subcontractors shall be bonded in accordance with local ordinances,
regulations and requirements. Work by contractors and subcontractors shall be subject to the
same restrictions, limitations and conditions as if the work were performed by Grantee. Grantee
shall be responsible for all work performed by its contractors and subcontractors and others
performing work on its behalf, and shall ensure that all such work is performed in compliance
with this Franchise and other applicable law, and shall be jointly and severally liable for all
damages caused by them. It is Grantee's responsibility to ensure that contractors, subcontractors
or other persons performing work on Grantee's behalf are familiar with the requirements of this
Franchise and other applicable laws governing the work performed by them.
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10.17 GIS Mapping
(A) Grantee shall provide the City with records of Grantee’s trunk and distribution
facilities within the Franchise Area in a standard geographic information system format (GIS)
format. All updates of the GIS shall be submitted to the City Public Works & Utilities
Department within thirty (30) days upon annual request.
SECTION 11. CABLE SYSTEM DESIGN
(A) Prior to the effective date of this Franchise, the Grantee undertook a voluntary
upgrade of its Cable System to a fiber-to-the-node Cable System architecture, with fiber-optic
cable deployed from the Headend to the nodes and tying into a coaxial Cable System already
serving Subscribers. Active and passive devices currently are passing a minimum of 750 MHz,
and the Cable System is capable of delivering high quality signals that meet or exceed FCC
technical quality standards regardless of a particular manner in which the signal is transmitted.
Grantee agrees to maintain the Cable System in a manner consistent with, or in excess of these
specifications throughout the term of the Franchise.
(B) Equipment must be installed so that all closed captioned programming received by
the Cable System shall include the closed caption signal so long as the closed caption signal is
provided consistent with FCC standards.
(C) Grantee’s construction decisions shall be based solely upon legitimate engineering
decisions and shall not take into consideration the income level of any particular community
within the Franchise Area.
(D) Grantee acknowledges that the minimum Cable System design and performance
requirements set forth in this Franchise are enforceable, to the extent allowed by law.
(E) System Review. The City may hold a hearing to review whether or not the Cable
System and the Cable Services offered by the Grantee are meeting demonstrated community
needs and interests, taking into account the cost of meeting those needs and interests. The parties
recognize that, as of the Effective Date, the City is not permitted to require the provision of
specific Video Programming pursuant to this subsection.
SECTION 12. SCRAMBLED CHANNEL AND INSTITUTIONAL NETWORK
12.1 Scrambled Channel
On a future date to be agreed upon by City and Grantee, Grantee shall provide the City with
capacity on the digital Tier of the Cable System in the form of a scrambled, encoded digital
Channel as provided herein. Such scrambled, encoded digital Channel shall be provided at
Grantee's expense at Grantee’s Headend and up to and including the termination point at the
City’s origination site and with the number of converters described in or referred to herein. Such
locations shall be provided one service drop at City’s expense for those sites requiring new
service installations. The City shall be responsible for Grantee’s engineering costs associated
with an installation design and cost estimate requested by the City, but not accepted for
installation. Additional outlets shall be at City’s expense.
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Comcast Cable Television Franchise
Access to the scrambled, encoded digital Channel will be limited to those locations referred to
herein that contain uniquely coded converters, which must effectively descramble and decode the
signals at the aforementioned referred to locations. Beyond the 18 converters to be provided at
Grantee's expense, additional programmed converters shall be made available to the City, or
other institutions authorized by the City, at the advertised retail rate upon the express written
request of the City. The converters themselves shall be digital and the signal shall be transmitted
in digital format, be addressable and scrambled such that residential and commercial Subscribers
will not be able to see, hear or interpret the video or audio. Members of the public shall not be
able to discern the programming provided over the scrambled, encoded digital Channel.
Programming provided over the scrambled, encoded digital Channel shall originate from the City
and be transported upstream over a Fiber Optic connection to Grantee’s Headend for subsequent
connection to the downstream digital Channel.
12.2 Institutional Network.
The City and Grantee covenant and agree that Section 1 through Section 11 of the I-Net
Maintenance Agreement that was finalized as of December 4, 2003 (“I-Net Maintenance
Agreement”) and is attached hereto and made part hereof as Exhibit I, shall apply to any and all
sites and related information currently listed in Exhibit’s “A” and “B” of the INET Maintenance
Agreement.
The I-Net is a private communication network governed by this Franchise and I-Net Maintenance
Agreement. The City will use the I-Net solely for noncommercial applications in accordance
therewith and may grant access only to Qualified I-Net Users.
SECTION 13. TECHNICAL STANDARDS
13.1 Technical Performance
The technical performance of the Cable System shall meet or exceed all applicable technical
standards authorized or required by law, including, FCC technical standards, as they may be
amended from time to time, regardless of the transmission technology utilized. The City shall
have the full authority permitted by applicable law to enforce compliance with these technical
standards.
13.2 Cable System Performance Testing
(A) Grantee shall, at its expense, perform all tests on its Cable System required by the
FCC (including FCC required test points located within the City) and shall maintain written
records of its test results. Upon request, all FCC required technical performance tests may be
witnessed by representatives of the City. Copies of such test results will be provided to the City
upon request.
(B) All required technical performance or other Cable System tests shall be at the
expense of the Grantee and may be witnessed by representatives of the City. Upon request,
Grantee will notify the City before any required technical proof-of-performance or other testing
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occurs.
(C) Grantee shall promptly take such measures as are necessary and diligently
continue the same until completion in order to correct any performance deficiencies fully and to
prevent their recurrence. Grantee's failure to correct deficiencies identified through this testing
process shall be a violation of this Franchise. Sites shall be re-tested within five (5) days
following correction until correction has been confirmed and satisfactory results are obtained.
SECTION 14. SERVICE EXTENSION
14.1 Service Availability
(A) In general, except as otherwise provided herein, Grantee shall provide a standard
aerial installation of Cable Service within seven (7) days of a request by any Person within its
Franchise Area. For standard underground installations scheduling shall be done within seven (7)
days of a request for service. For purposes of this Section, a request shall be deemed made on the
date of signing a service agreement, receipt of funds by Grantee, receipt of a written request by
Grantee or receipt by Grantee of a verified verbal request. Grantee shall provide such service:
(1) With no line extension charge except as specifically authorized elsewhere
in this Franchise.
(2) At a non-discriminatory installation charge for a Standard Installation,
consisting of a one hundred twenty-five (125) foot aerial drop or sixty (60) foot underground
drop connecting to the exterior demarcation point for Subscribers, with additional charges for
non-standard installations computed according to a non-discriminatory methodology for such
installations.
(3) At non-discriminatory monthly rates for all Subscribers, excepting
commercial Customers, MDU Bulk Customers and other lawful exceptions to uniform pricing.
(B) No Customer shall be refused service arbitrarily. However, for non Standard
Installations of service to Customers, or a density of less than twenty-five (25) residences per
5280 aerial cable-bearing strand feet of trunk or distribution cable, or sixty (60) residences per
5280 underground trench feet of trunk or distribution cable, Cable Service may be made
available on the basis of a capital contribution in aid of construction, including cost of material,
labor and easements. The Grantee may require that the payment of the capital contribution in aid
of construction be borne by such potential Customers be paid in advance.
(C) The Grantee shall provide Cable Service to Multiple Dwelling Units in
accordance with an agreement with the property owner or owners, this Franchise and all
applicable laws.
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SECTION 15. STANDBY POWER AND EAS
15.1 Standby Power
Grantee shall provide standby power generating capacity at the Cable System Headend capable of
providing at least twelve (12) hours of emergency operation. Grantee shall maintain standby
power supplies that will supply back-up power of at least two (2) hours duration throughout the
distribution networks, and four (4) hours duration at all nodes and hubs. In addition, throughout
the term of this Franchise, Grantee shall have a plan in place, along with all resources necessary
for implementing such plan, for dealing with outages of more than two (2) hours. This outage
plan and evidence of requisite implementation resources shall be presented to the City no later
than thirty (30) days following receipt of a request therefore.
15.2 Emergency Alert Capability
(A) In accordance with, and at the time required by, the provisions of FCC
Regulations or other federal or state requirements, as such provisions may from time to time be
amended, Emergency Alert System ("EAS") implementation will be accomplished in compliance
with the Washington State EAS Plan and to be in compliance with or further Homeland Security
requirements or applications.
(B) Grantee shall ensure that the EAS is functioning properly at all times in
accordance with FCC regulations.
SECTION 16. FRANCHISE BREACHES; TERMINATION OF FRANCHISE
16.1 Procedure for Remedying Franchise Violations
(A) If City believes that Grantee has failed to perform any material obligation under
this Franchise or has failed to perform in a timely manner, City shall notify Grantee in writing,
stating with documented specificity, the nature of the alleged default. Grantee shall have thirty
(30) days from the receipt of such notice to:
(1) Respond to City, contesting City's assertion that a default has occurred,
and requesting a hearing in accordance with subsection (B), below;
(2) Cure the default; or
(3) Notify City that Grantee cannot cure the default within the thirty (30) days,
because of the nature of the default. In the event the default cannot be cured within thirty (30)
days, Grantee shall promptly take all reasonable steps to cure the default and notify City in
writing and in detail as to the exact steps that will be taken and the projected completion date.
Upon five (5) business days' prior written notice, either City or Grantee may call an informal
meeting to discuss the alleged default. In such case, if matters are not resolved at such meeting,
City may set a hearing in accordance with subsection (B) below to determine whether additional
time beyond the thirty (30) days specified above is indeed needed, and whether Grantee's
proposed completion schedule and steps are reasonable.
(B) If Grantee does not cure the alleged default within the cure period stated above, or
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by the projected completion date under subsection (A)(3), or denies the default and requests a
hearing in accordance with subsection (A)(1), or City orders a hearing in accordance with
subsection (A)(3), City shall set a public hearing to investigate said issues or the existence of the
alleged default. City shall notify Grantee of the hearing in writing and such hearing shall take
place no less than seven (7) days after Grantee's receipt of notice of the hearing. At the hearing,
Grantee shall be provided an opportunity to be heard, to present and question witnesses, and to
present evidence in its defense. At any such hearing, City shall not unreasonably limit Grantee's
opportunity to make a record that may be reviewed should any final decision of City be appealed
to a court of competent jurisdiction. The determination as to whether a default or a material
breach of this Franchise has occurred shall be within City's sole discretion, but any such
determination shall be subject to appeal to a court of competent jurisdiction.
(C) If, after the public hearing, City determines that a default still exists, City shall
order Grantee to correct or remedy the default or breach within fourteen (14) days of City
notification or within such other reasonable timeframe as City shall determine. In the event
Grantee does not cure within such time to City's reasonable satisfaction, City may:
(1) Assess and collect monetary damages in accordance with this Franchise;
and
(2) Terminate this Franchise; and
(3) Pursue any other legal or equitable remedy available under this Franchise
or applicable law.
(D) The determination as to whether a violation of this Franchise has occurred
pursuant to this Section herein shall be within the sole discretion of the City or its designee. Any
such determination by City shall be accompanied by a record, to which Grantee's contribution
shall not be limited by City (i.e., City shall hear any interested Persons and shall allow Grantee
an opportunity to be heard, to cross examine witnesses, to present evidence and to make
additions to the hearing record). Any such final determination shall be subject to appeal to a
court of competent jurisdiction. Such appeal to the appropriate Court shall be taken within thirty
(30) days of the issuance of the determination of the City. City shall receive notice from Grantee
of any appeal concurrent with any filing to a court of competent jurisdiction.
16.2 Alternative Remedies
No provision of this Franchise shall be deemed to bar the right of either party to seek or obtain
judicial relief from a violation of any provision of the Franchise or any rule, regulation,
requirement or directive promulgated thereunder. Neither the existence of other remedies
identified in this Franchise nor the exercise thereof shall be deemed to bar or otherwise limit the
right of either party to recover monetary damages, as allowed under applicable law, or to seek
and obtain judicial enforcement of obligations by means of specific performance, injunctive
relief or mandate, or any other remedy at law or in equity.
The City specifically does not, by any provision of this Franchise, waive any right, immunity,
limitation or protection (including complete damage immunity) otherwise available to the City,
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its officers, officials, Boards, commissions, agents, or employees under federal, State, or local
law including by example Section 635A of the Cable Act. The Grantee shall not have any
monetary recourse against the City, or its officers, officials, Board, commissions, authorized
agents or employees for any loss, costs, expenses or damages arising out of any provision,
requirement of this Franchise or the enforcement thereof, subject to applicable law.
16.3 Assessment of Liquidated Damages and Letter of Credit
Subject to Section 5.3:
(A) Grantee shall deliver to the City an irrevocable and unconditional Letter of Credit,
in a form and substance acceptable to the City, from a National or State bank subject to
reasonable approval by the City, in the amount of twenty-five thousand dollars ($25,000.00).
(B) The Letter of Credit shall provide that funds will be paid to the City; and in an
amount for liquidated damages charged pursuant to this Section, in payment for any monies
owed by the Grantee to the City as a result of any material acts or material omissions by the
Grantee pursuant to this Franchise or a pattern of repeated violations of any provisions of this
Franchise.
(C) In addition to the recovery of any monies owed by the Grantee to the City or
damages to the City as a result of any material acts or material omissions by the Grantee pursuant
to the Franchise; the City in its sole discretion may, after notice and opportunity to cure as
provided in Section 16.1, charge to and collect from the Letter of Credit the following liquidated
damages.
(1) For failure to provide data, documents, reports or information or to
cooperate with the City during an application process or Cable System review or as otherwise
provided herein, the Liquidated Damages shall be $150.00 per day for each day, or part thereof,
such failure occurs or continues.
(2) For failure of Grantee to comply with construction, operation or
maintenance standards or the provision of the scrambled Channel as provided in Section l2.l, the
Liquidated Damages shall be $150.00 per day for each day, or part thereof, such failure occurs or
continues.
(3) For failure to provide the PEG payments required by this Franchise, and
the implementation and the utilization of the PEG Access Channels, the Liquidated Damages
shall be $150.00 per day for each day, or part thereof, such failure occurs or continues.
(4) For failure to comply with any of the material provisions of this Franchise
or Customer service standards, or other City ordinance for which a liquidated damages is not
otherwise specifically provided pursuant to this paragraph (C), the liquidated damages shall be
$150.00 per day for each day, or part thereof, such failure occurs or continues.
(D) Each violation of any material provision of this Franchise shall be considered a
separate violation for which separate liquidated damages can be imposed. Any liquidated
damages for any given violation shall be imposed upon Grantee for a maximum of 90 days.
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Comcast Cable Television Franchise
(E) If any subsequent Letter of Credit delivered pursuant thereto expires prior to
twelve (12) months after the expiration of the term of this Franchise, it shall be renewed or
replaced during the term of this Franchise to provide that it will not expire earlier than twelve
(l2) months after the expiration of this Franchise. The renewed or replaced Letter of Credit shall
be of the same form and with a bank authorized herein and for the full amount stated in
paragraph (A) of this Section.
(F) The City and the Grantee recognize the delays, expense and unique difficulties
involved in proving in a legal proceeding the actual loss suffered by the City as a result of the
Grantee's breach of this Franchise. Accordingly, instead of requiring such proof, the City and the
Grantee agree that the Grantee shall pay to the City the sums set forth above for each day that the
Grantee shall be in breach of the specific provisions of this Franchise. Such amounts are agreed
by both parties to be a reasonable estimate of the actual damages the City would suffer in the
event of the Grantee's breach of such provisions of this Franchise.
(G) The bond(s) and Letter of Credit referred to in Section 5.3 (A) may be drawn upon
by the City for breach of a material provision after notice and opportunity to cure.
The City shall give Grantee written notice of any intent to withdraw under this
subsection. Within seven (7) days following receipt of such notice, Grantee shall restore the
bond(s) and Letter of Credit to the amount required under this Franchise. Grantee's maintenance
of the bond(s) and Letter of Credit shall not be construed to excuse unfaithful performance by
Grantee or to limit the liability of Grantee to the amount of the bond(s) and Letter of Credit or
otherwise to limit the City's recourse to any other remedy available at law or in equity.
Grantee shall have the right to appeal to the City Council for reimbursement in the event
Grantee believes that a bond or Letter of Credit was drawn upon improperly. Grantee shall also
have the right of judicial appeal if grantee believes a bond or Letter of Credit has not been
properly drawn upon in accordance with this Franchise. Any funds the City erroneously or
wrongfully withdraws from the bond(s) or Letter of Credit shall be returned to Grantee with
interest from the date of withdrawal.
The assessment of liquidated damages does not constitute a waiver by the City of any
other right or remedy it may have under the Franchise or applicable law, including its right to
recover from Grantee any additional damages, losses, costs and expenses that are incurred by
City by reason of the breach of this Franchise.
Grantee's maintenance of the security required herein or by applicable code shall not be
construed to excuse unfaithful performance by the Grantee of this Franchise; to limit liability of
the Grantee to the amount of the security; or to otherwise limit the City's recourse to any other
remedy available at law.
16.4 Revocation
(A) This Franchise may be revoked and all rights and privileges rescinded if a material
breach of the Franchise is not cured pursuant to Section 16.1, or in the event that:
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Comcast Cable Television Franchise
(1) Grantee attempts to evade any material provision of this Franchise or to
practice any fraud or deceit upon the City or Subscribers;
(2) Grantee makes a material misrepresentation of fact in the negotiation of
this Franchise;
(3) Grantee fails to maintain the required Customer service location within the
City limits as provided in this Franchise in accordance with Section 6.3;
(4) Grantee abandons the Cable System, or terminates the Cable System's
operations;
(5) Grantee fails to restore service to the Cable System after three consecutive
days of an outage or interruption in service; except in the case of an emergency or during a force
majeure occurrence, or when approval of such outage or interruption is obtained from the City, it
being the intent that there shall be continuous operation of the Cable System); or
(6) Grantee becomes insolvent, unable or unwilling to pay its debts, or is
adjudged bankrupt, there is an assignment for the benefit of Grantee's creditors, or all or part of
the Grantee's Cable System is sold under an instrument to secure a debt and is not redeemed by
Grantee within thirty (30) days from said sale.
(B) Additionally, this Franchise may be revoked one hundred twenty (120) days after
the appointment of a receiver or trustee to take over and conduct the business of the Grantee (at
the option of the City and subject to applicable law) whether in a receivership, reorganization,
bankruptcy or other action or proceeding, unless directed otherwise by a court of competent
jurisdiction.
(C) If there is a foreclosure or other involuntary sale of the whole or any part of the
plant, property and equipment of Grantee, City may serve notice of revocation on Grantee and to
the purchaser at the sale, and the rights and privileges of Grantee under this Franchise shall be
revoked thirty (30) days after service of such notice, unless:
(1) City has approved the transfer of the Franchise, in accordance with the
procedures set forth in this Franchise and as provided by law; and
(2) The purchaser has covenanted and agreed with City to assume and be
bound by all of the terms and provisions of this Franchise.
16.5 Purchase of the Cable System
If at any time this Franchise lawfully terminates, the City shall have the option to purchase the
Cable System.
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Comcast Cable Television Franchise
SECTION 17. FRANCHISE TRANSFER
17.1 Transfer of Ownership or Control
(A) The Cable System and this Franchise shall not be sold, assigned, transferred,
leased or disposed of, either in whole or in part, either by involuntary sale or by voluntary sale,
merger or consolidation; nor shall title thereto, either legal or equitable, or any right, interest or
property therein pass to or vest in any Person or entity without the prior written consent of the
City, which consent shall be by the City Council, acting by ordinance or resolution.
(B) The Grantee shall promptly notify the City of any actual or proposed change in, or
transfer of, or acquisition by any other party of control of the Grantee. The word "control" as
used herein is not limited to majority stockholders but includes actual working control in
whatever manner exercised. Every change, transfer or acquisition of control of the Grantee shall
make this Franchise subject to cancellation unless and until the City shall have consented in
writing thereto.
(C) The parties to the sale or transfer shall make a written request to the City for its
approval of a sale or transfer or change in control and shall furnish all information required by
law.
(D) In seeking the City's consent to any change in ownership or control, the proposed
transferee or controlling entity shall indicate whether it:
(1) Has ever been convicted or held liable for acts involving deceit including
any violation of federal, State or local law or regulations, or is currently under an indictment,
investigation or complaint charging such acts;
(2) Has ever had a judgment in an action for fraud, deceit, or
misrepresentation entered against the proposed transferee by any court of competent jurisdiction;
(3) Has pending any material legal claim, lawsuit, or administrative
proceeding arising out of or involving a cable system;
(4) Is financially solvent, by submitting financial data including financial
statements that are audited by a certified public accountant who may also be an officer of the
transferee or controlling entity, along with any other data that is lawfully required; and
(5) Has the financial, legal and technical capability to enable it to maintain
and operate the Cable System for the remaining term of the Franchise.
(E) The City shall act by ordinance or resolution on the request within one hundred
twenty (120) days of receipt of the FCC Form 394 application, provided it has received a
complete application. Subject to the foregoing, if the City fails to render a final decision on the
request within one hundred twenty (120) days, such request shall be deemed granted unless the
requesting party and the City agree to an extension of time.
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Comcast Cable Television Franchise
(F) Within thirty (30) days of any transfer or sale or change in control, if approved or
deemed granted by the City, Grantee shall file with the City a copy of the deed, agreement, lease
or other written instrument evidencing such sale or transfer of ownership or control, certified and
sworn to as correct by Grantee and the transferee or controlling entity, and the transferee or
controlling entity shall file its written acceptance agreeing to be bound by all of the provisions of
this Franchise, subject to applicable law. In the event of a change in control, in which the
Grantee is not replaced by another entity, the Grantee will continue to be bound by all of the
provisions of the Franchise, subject to applicable law, and will not be required to file an
additional written acceptance. The approval of any change in control shall not be deemed to
waive any rights of City to subsequently enforce noncompliance issues relating to this Franchise.
For purposes herein to the extent that a change of control involves an entity that was not an
Affiliate prior to the contemplated transaction, the City’s consent shall be required for such
change in control.
(G) In reviewing a request for sale or transfer or change in control, the City may
inquire into the legal, technical and financial qualifications of the prospective controlling party or
transferee, and Grantee shall assist the City in so inquiring. The City may condition said sale or
transfer or change in control upon such terms and conditions as it deems reasonably appropriate,
provided, however, any such terms and conditions so attached shall be related to the legal,
technical and financial qualifications of the prospective controlling party or transferee and to the
resolution of outstanding and unresolved issues of noncompliance with the terms and conditions
of this Franchise by Grantee.
(H) Notwithstanding anything to the contrary in this subsection, the prior approval of
the City shall not be required for any sale, assignment or transfer of the Franchise or Cable
System to an intracompany entity controlling, controlled by or under the same common control
as Grantee, provided that the proposed assignee or transferee must show financial responsibility
as may be determined necessary by the City and must agree in writing to comply with all of the
provisions of the Franchise. Further, Grantee may pledge the assets of the Cable System for the
purpose of financing without the consent of the City; provided that such pledge of assets shall not
impair or mitigate Grantee's responsibilities and capabilities to meet all of its obligations under
the provisions of this Franchise.
SECTION 18. PROHIBITED PRACTICES, LOCAL EMPLOYMENT EFFORTS
AND NOTICES
18.1 Preferential or Discriminatory Practices Prohibited
Grantee shall not discriminate in hiring, employment or promotion on the basis of race, color,
ethnic or national origin, religion, age, sex, sexual orientation, or physical or mental disability.
Throughout the term of this Franchise, Grantee shall fully comply with all equal employment and
non-discrimination provisions and requirements of federal, State and local laws, and rules and
regulations relating thereto.
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Comcast Cable Television Franchise
18.2 Notices
Throughout the term of this Franchise, each party shall maintain and file with the other a local
address for the service of notices by mail. All notices shall be sent to such respective address,
and such notices shall be effective upon the date of mailing. At the effective date of this
Franchise:
Grantee's address shall be:
Comcast of Washington, IV, Inc.
15815 25th Avenue West
Lynnwood, Washington 98087
Attention: Franchising
With a Copy To:
Comcast Cable
410 Valley Ave. NW, Suite 9
Puyallup, WA 98371
Attention: Franchising
City's address shall be:
City of Bremerton, Washington
345 6th Street, Suite 600
Bremerton, Washington 98337
Attention: City Clerk
SECTION 19. MISCELLANEOUS PROVISIONS
19.1 Cumulative Rights
Subject to applicable law, all rights and remedies given to the City by this Franchise or retained
by the City herein shall be in addition to and cumulative with any and all other rights and
remedies, existing or implied, now or hereafter available to the City, at law or in equity, and such
rights and remedies shall not be exclusive, but each and every right and remedy specifically given
by this Franchise or otherwise existing or given may be exercised from time to time and as often
and in such order as may be deemed expedient by the City and the exercise of one or more rights
or remedies shall not be deemed a waiver of the right to exercise at the same time or thereafter
any other right or remedy.
19.2 Costs to be Borne by Grantee
Grantee shall pay for all costs of publication of this Franchise, and any and all notices prior to
any public meeting or hearing provided for pursuant to this Franchise.
19.3 Binding Effect
This Franchise shall be binding upon the parties hereto, their permitted successors and assigns.
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Comcast Cable Television Franchise
19.4 Authority to Amend
This Franchise may be amended at any time by written agreement between the parties.
19.5 Venue
The venue for any dispute related to this Franchise shall be in an appropriate court of competent
jurisdiction.
19.6 Governing Laws
This Franchise shall be governed, construed and enforced in accordance with the laws of the
State of Washington (as amended), the Cable Act as amended, any applicable rules, regulations
and orders of the FCC, as amended, and any other applicable local, State and federal laws, rules,
and regulations, as amended. Except as provided in Section 2.4(C) or otherwise in this
Franchise, Ordinance No.4598 and Resolution No. 2862 and Resolution No.2687 are hereby
rescinded and of no further force or effect. To the extent there is a conflict between this
Franchise and any City Ordinance or Resolution, the terms and provisions of this Franchise shall
control.
19.7 Captions
The captions and headings of this Franchise are for convenience and reference purposes only and
shall not affect in any way the meaning or interpretation of any provisions of this Franchise.
19.8 No Joint Venture
Nothing herein shall be deemed to create a joint venture or principal-agent relationship between
the parties, and neither party is authorized to, nor shall either party act toward third persons or the
public in any manner that would indicate any such relationship with the other.
19.9 Waiver
The failure of either party at any time to require performance by the other of any provision hereof
shall in no way affect the right of the other party hereafter to enforce the same. Nor shall the
waiver by either party of any breach of any provision hereof be taken or held to be a waiver of
any succeeding breach of such provision, or as a waiver of the provision itself or any other
provision.
19.10 Severability
If any Section, subsection, paragraph, term or provision of this Franchise is determined to be
illegal, invalid or unconstitutional by any court or agency of competent jurisdiction, such
determination shall have no effect on the validity of any other Section, subsection, paragraph,
term or provision of this Franchise, all of which will remain in full force and effect for the term
of the Franchise.
19.11 Compliance with Federal, State and Local Laws
The Grantee shall comply with applicable federal, state and local laws, now existing or hereafter
adopted.
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Comcast Cable Television Franchise
19.12 Force Majeure
The Grantee shall not be held in default under, or in noncompliance with, the provisions of this
Franchise, nor suffer any enforcement or imposition of damages relating to noncompliance or
default, where such noncompliance or alleged defaults occurred or were caused by circumstances
reasonably beyond the ability of the Grantee to anticipate and control, including war or riots, civil
disturbances, floods or other natural catastrophes, labor stoppages, slow downs, availability of
materials, labor or equipment, power outages exceeding back-up power supplies or work delays
caused by waiting for utility providers to service or monitor their utility poles to which the
Grantee's Cable System is attached.
19.13 Entire Agreement
This Franchise and Exhibit I which is the I-Net Maintenance Agreement represent the entire
understanding and agreement between the parties hereto with respect to the subject matter hereof
and supersede all prior oral and written negotiations between the parties.
19.14 Attorneys' Fees
If any action or suit arises in connection with this Franchise, either the City or Grantee, as the
case may be, shall be entitled to recover all of its reasonable attorneys' fees, costs and expenses in
connection therewith as determined by the court.
19.15 Action of the City or Grantee
In any action by the City or Grantee mandated or permitted under the terms hereof, it shall act in
a reasonable, expeditious and timely manner. Furthermore, in any instance where approval or
consent is required under the terms hereof, such approval or consent shall not be unreasonably
withheld.
19.16 Acceptance
Within forty-five (45) days of receipt of the Franchise after its execution by the City, this
Franchise shall be accepted by Grantee by filing with the City Clerk an unconditional, written
acceptance of all of the terms, provisions and conditions of this Franchise. The failure of
Grantee to file such an acceptance shall be deemed a rejection by the Grantee and this Franchise
shall then be voidable at the discretion of the City.
SECTION 20. 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.
PASSED by the City Council the___________ day of ____________________, 2013
_________________________________
GREG WHEELER, Council President
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Comcast Cable Television Franchise
Approved this ________ day of ________________________, 2013
_________________________________
PATTY LENT, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________________ ________________________________
SHANNON L. CORN, City Clerk ROGER A. LUBOVICH, City Attorney
PUBLISHED the________ day of ______________________, 2013
EFFECTIVE the_________day of ______________________, 2013
ORDINANCE NO. ____________
R:\Legal\Legal\Ordinances\Finance\2013 Comcast Franchise.doc
CITY COUNCIL
CITY OF BREMERTON, WASHINGTON
In the matter of the application :
of Comcast of Washington IV, Inc. : Franchise Ordinance No. ________
for a franchise to construct, operate :
and maintain facilities in, upon, :
over under, along, across and :
through the franchise area of the : ACCEPTANCE
City of Bremerton, :
Washington :
WHEREAS, the City Council of the City of Bremerton, Washington, has granted a
franchise to Comcast of Washington IV, Inc., its successors and assigns, by enacting
Ordinance No. ______, bearing the date of _________, 2013; and
WHEREAS, a copy of said Ordinance granting said franchise was received by the
Comcast of Washington IV, Inc. on ___________________, 2013, from said City of
Bremerton, Kitsap County, Washington.
NOW, THEREFORE, Comcast of Washington IV, for itself, its successors and
assigns, hereby accepts said Ordinance and all the terms and conditions thereof, and files
this, its written acceptance, with the City of Bremerton, Kitsap County, Washington.
IN TESTIMONY WHEREOF said Comcast of Washington IV, Inc. has caused
this written Acceptance to be executed in its name by its undersigned
__________________________________ thereunto duly authorized on this _____ day of
__________________, 2013.
ATTEST: COMCAST OF WASHINGTON IV, INC.
By:_________________________________
Its: _________________________________
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Comcast Cable Television Franchise
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: 2013 Renewal of Shelter Plus
Care Agency Service Agreement with Agape
Unlimited
Study Session Date: June 12, 2013
COUNCIL MEETING Date: June 19, 2013
Department: DCD – Block Grant
Presenter: Marie Vilá
Phone: 360-473-5375
SUMMARY: Since 1996, the City of Bremerton has acted as a pass-through agent for the Shelter
Plus Care program administered locally by Agape Unlimited. Funded by the McKinney-Vento Act
and administered by the Department of Housing and Urban Development, Shelter Plus Care (SPC)
funds provide rental assistance for homeless individuals and families affected by mental illness,
chemical dependency, or both. Participants receive assistance and counseling to achieve self-
sufficiency, or about two years.
The City has executed its contracts for 2013-2014 SPC funding with HUD, and may now proceed
with the sub-recipient agency service agreement between the City and Agape.
ATTACHMENTS:
Exhibit A: 2013 Agency Service Agreement between the City of Bremerton and Agape Unlimited;
Exhibit B: 2013 Shelter Plus Care Management Plan
FISCAL IMPACTS (Include Budgeted Amount): Pass-thru funding of $182,942.00 from the
Department of Housing and Urban Development to Agape Unlimited, Project Sponsor.
STUDY SESSION AGENDA: ☒ No Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the 2013 Agency Service Agreement between the City of Bremerton and Agape
Unlimited 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 01/25/13
Exhibit A
AGENCY SERVICE AGREEMENT
Shelter Plus Care Grant
CFDA Number: 14.238
AN AGREEMENT, by and between the City of Bremerton hereinafter referred
to as "City" and Agape Unlimited, hereinafter referred to as "Agency" by which the
Agency agrees to carry out specific activities under the City of Bremerton's Shelter Plus
Care Grant Program and establishing certain other terms and conditions of operation.
IT IS MUTUALLY AGREED AS FOLLOWS:
ARTICLE I. PROJECT
1. SCOPE OF SERVICES
The City, as recipient of a Shelter Plus Care Grant from the United States
Department of Housing and Urban Development (HUD), hereby designates the Agency
to undertake, and the Agency hereby agrees to undertake the activities specifically
described in the applications and management procedures/plan and summarized below:
Agency will provide affordable housing and a full range of services to homeless
individuals who have chronic alcohol and drug problems. The continuum of housing
linked to appropriate social services is designed to promote self-sufficiency and clean and
sober living by providing gradually increasing levels of responsibility and independence
based on personal progress in meeting recovery goals. Project based assistance will be
provided in accordance with the City’s agreement with HUD for grant number
WA0098L0T011205, executed on May 20, 2013 for renewal date July 1, 2013. Tenant
Based assistance will be provided in accordance with the City’s agreement with HUD for
grant number WA0100L0T011205, executed on May 20, 2013 for renewal date April 1,
2013. Sponsor Based assistance will be provided in accordance with the City’s agreement
with HUD for grant number WA0099L0T011205, executed on May 20, 2013 for renewal
date April 1, 2013.
The Management Procedures/Plan (Attachment 1) outlines the management of the three
programs.
2. TERM OF AGREEMENT
The term of this Agreement is April 1, 2013 through June 30, 2014, determined
by the specific grant, but may be extended pursuant to an amendment to this Agreement
as authorized in Article IV.8, or should additional time for auditing this project be
required, in accordance with law, this Agreement shall be deemed automatically extended
until such time as the said audit shall be completed. In any event, the term of this
Agreement shall cover the period that the Agency has control over Shelter Plus Care
funds.
Exhibit A
3. PROGRAM REPORTING
The Agency shall submit such reports as required by the City to meet its local
obligations and its obligation to the Department of Housing and Urban Development.
The City will prescribe the report format, as well as the time and location for submission
of such reports. Required reports include but are not limited to the following:
(A) Semi-Annual Performance Reports which shall include all information required
by HUD in the final Annual Performance Report.
(B) Annual Housing Quality inspections and rent reasonableness studies.
ARTICLE II. FINANCIAL CONDITIONS
1. BUDGET AND COMPENSATION
The City shall reimburse the Agency its allowable costs for the services identified
in this Agreement not to exceed $33,790.00 (Thirty-three thousand seven hundred
ninety dollars) under project based assistance contract WA0098L0T011205;
$109,534.00 (One hundred nine thousand five hundred thirty-four dollars) under
sponsor based assistance contract WA0099L0T011205; and $39,618.00 (Thirty-nine
thousand six hundred eighteen dollars) under tenant based contract
WA0100L0T011205 upon presentation of properly executed monthly invoices in a form
approved by the City.
Such reimbursement shall constitute full and complete payment by the City under
this Agreement. Allowable costs shall mean those necessary and proper costs identified
in the Agency's application and approved by the City unless any or all such costs are
disallowed by the State of Washington or the United States.
2. DOCUMENTATION OF COSTS AND OTHER FINANCIAL REPORTING
All costs shall be supported by documentation, as evidence of the nature and
propriety of the charges. All accounting documents pertaining in whole or in part to this
Agreement shall be clearly identified and readily accessible, and upon reasonable notice,
the City and United States shall have the right to audit the records of the Agency as they
relate to the work. The Agency shall also:
(A) Maintain an effective system of internal fiscal control and accountability for all
Shelter Plus Care funds, and make sure the same are used solely for authorized
purposes.
Exhibit A
(B) Keep a continuing record of all disbursements by date; check number, amount,
vendor, description of items purchased and line item from which money was
expended, as reflected in the Agency's accounting records.
(C) Maintain financial records for a period of five (5) years after receipt of final
monitoring letter from the City provided that the Annual State audit (which
includes the Shelter Plus Care Program) has been completed.
(D) Permit inspection and audit of its records with respect to all matters authorized by
this Agreement by representatives of the City the State Auditor or the United
States at any time during normal business hours and as often as necessary.
(E) Inform the City concerning any funds allocated to the Agency that the Agency
anticipates will not be expended during the Agreement period, and permit
reassignment of the same by the City to other agencies.
(F) Repay to the City any funds in its possession at the time of termination of this
Agreement that may be due to the City or the United States.
3. REIMBURSEMENT
The City shall reimburse the Agency only for actual incurred costs upon
presentation of a properly executed invoice in a form approved by the City. Only those
allowable costs directly related to the Agency's application, shall be paid consistent with
Article II paragraph 2.
In the event the City or United States determines any funds were expended by the
Agency for unauthorized or ineligible purposes or the expenditures constitute disallowed
costs in any other way, the City or United States may order repayment of the same. The
Agency shall remit the disallowed amount to the City within thirty (30) days of written
notification of the disallowance.
(A) The Agency agrees that funds determined by the City to be surplus upon
completion of the Agreement will be subject to cancellation by the City.
(B) The Agency agrees that upon expiration of this Agreement, the Agency shall
transfer to the City any Shelter Plus Care funds on hand at the time of expiration
and any account receivable attributable to the use of Shelter Plus Care funds.
(C) The City shall be relieved of any obligation for payments if funds allocated to the
City cease to be available for any cause other than misfeasance of the City itself.
(D) The City reserves the right to withhold payments pending timely delivery of
program reports or documents as may be required under this Agreement.
Exhibit A
ARTICLE III. FEDERAL CONDITIONS
1. UNIFORM ADMINISTRATIVE REQUIREMENTS
Agency shall comply with regulations set forth in 24 CFR part 582.
2. CONFLICT OF INTEREST
In addition to the conflict of interest requirements in 24 CFR part 85, no person
who is an employee, agent, consultant, officer, or elected official or appointed official of
the Agency, who exercises any function or responsibilities with respect to the program or
who are in a position to participate in a decision making process or gain inside
information with regard to such activities, may obtain a financial interest or benefit from
the activity, or have a financial interest in any contract, subcontract, or agreement with
respect to the proceeds of the shelter plus care assisted activity either for themselves or
those with whom they have business or immediate family ties, during their tenure or for
one year thereafter. Participation by homeless individuals who also are participants
under the program in policy or decision making under 24 CFR part 582.300 does not
constitute a conflict of interest.
3. DISPLACEMENT, RELOCATION, AND REAL PROPERTY
ACQUISITION
The Agency shall comply with the requirements relating to displacement,
relocation, acquisition and replacement of housing (24 CFR part 582.335). Displacement
of persons (families, individuals, businesses, non-profit organizations and farms) as a
result of activities assisted with Shelter Plus Care funds is generally discouraged and in
all instances must receive prior written approval from the City.
4. LEAD BASED PAINT
Agency shall comply with HUD Regulations on Lead Based Paint hazards in
federally owned housing and housing receiving Federal assistance. (24 CFR Part 35)
5. DISCRIMINATION PROHIBITED
Under the activities, funded in whole or in part by Shelter Plus Care, Agency shall
comply with 24 CFR part 582.330.
Exhibit A
ARTICLE IV: GENERAL CONDITIONS
1. COMPLIANCE WITH LAWS
The Agency, in performance of this Agreement, agrees to comply with all
applicable Federal, State and Local Laws and ordinances, and the rules and regulations
promulgated by the U.S. Department of Housing and Urban Development, including but
not limited to Shelter Plus Care Regulations and other policies and guidelines established
for the Shelter Plus Care Program regardless if the law is specifically stated in this
Agreement.
2. LICENSING AND PROGRAM STANDARDS
The Agency agrees to comply with and to obtain at its own expense, if necessary,
all applicable Federal, State, County or Municipal standards for licensing, certification
and operation of facilities and programs, and accreditation and licensing of individuals,
and any other standards or criteria as described in the Contract to assure quality of
services.
3. INSURANCE
The Agency shall maintain at all times a policy of comprehensive general liability
insurance providing an amount of $1,000,000.00 per occurrence, protecting the City of
Bremerton from any and all damages which may arise in connection with the services to
be provided hereunder, whether or not such damages are alleged to arise from acts or
omissions which are the sole negligence of the City, its officers, employees, and or
agents, or the combined negligence of the City and others. Such insurance shall include
the City as additional insured and shall not be reduced or canceled without 30 days
written prior notice to the City. The Agency shall provide and maintain a current
Certificate of Insurance as evidence of the insurance required in this section.
4. INDEMNITY
The Agency agrees to defend, indemnify and hold harmless the City, its appointed
and elected officers and employees, from and against any and all liability, loss, costs,
damage and expense, including costs and attorney fees in defense thereof because of
actions, claims or lawsuits for damages resulting from personal or bodily injury,
including death at any time resulting therefrom, sustained or alleged to have been
sustained by any person or persons and on account of damage to property, arising or
alleged to have arisen directly or indirectly out of or in consequence of or the
performance of this Agreement, whether such injuries to persons or damage to property is
due to the negligence of Agency, its subcontractors, agents, successor, or assigns. This
provision shall be inapplicable to the extent the City are judicially found solely negligent
for such damage or injury.
Exhibit A
5. NOTICES
Any notices required to be given by the City to the Agency or by the Agency to
the City shall be in writing and delivered to the following parties at the following
addresses:
City: Agency:
CDBG Program Administrator Barbara Day Max
City of Bremerton AGAPE
345 6th Street Suite 600 4841 Auto Center Way
Bremerton, WA 98337 Bremerton, WA 98312
6. ASSIGNMENT AND SUBCONTRACTING
The Agency shall not assign or subcontract any portion of the services provided
within the terms of this contract without obtaining prior written approval from the City.
All terms and conditions of this Contract shall apply to any approved subcontract or
assignment related to the Contract.
7. RESERVATION OF RIGHTS
Failure to insist upon strict compliance with any terms, covenants or conditions of
this Agreement shall not be deemed a waiver of such, nor shall any waiver or
relinquishment of such right or power at any time be taken to be a waiver of any other
breach.
8. AMENDMENTS TO AGREEMENT
The parties hereby further agree that this Agreement cannot be amended or
modified without the written concurrence of both parties.
9. FAILURE TO PERFORM
In the event of a failure by the Agency to comply, with any terms or conditions of
this Contract or to provide in any manner the activities or other performance as agreed to
herein, the City reserves the right to temporarily withhold all or any part of payment
pending correction of the deficiency, suspend all or part of the contract, or prohibit the
Agency from incurring additional obligations of funds until the City is satisfied that
corrective action has been taken or completed. The option to withhold funds is in
addition to, and not in lieu of, the City's right to terminate as provided in Article IV. 10 of
the General Conditions of this Agreement. The City may consider performance under
this Agreement when considering future awards.
Exhibit A
10. TERMINATION
If the Agency fails to comply with the terms and conditions of this Agreement,
the City may pursue such remedies as are available in accordance with 24 CFR 85.43
including but not limited to, the termination of this Agreement in the manner specified
herein.
(A) Termination for Cause - If the Agency fails to comply with the terms and
conditions of this Agreement and any of the following conditions exist:
(1) The lack of compliance with the provisions of this Agreement are of such
scope and nature that the City deems continuation of this Agreement to be
substantially non-beneficial to the public interest;
(2) The Agency has failed to take satisfactory corrective action as directed by
the City or its authorized representative within the time specified by same;
(3) The Agency has failed within the time specified by the City or its
authorized representative to satisfactorily substantiate its compliance with
the terms and conditions of this Agreement,
The City may terminate this Agreement in whole or in part, and thereupon shall
notify in writing the Agency of the termination, the reasons therefore, and the effective
date. The effective date shall not be prior to notification of the termination by the City to
the Agency. Costs resulting from obligations incurred by the Agency after termination of
the Agreement are not allowable unless specifically authorized in writing by the City.
(B) Termination for Convenience
The award may be terminated for convenience, in whole or in part, as follows:
(1) By the City with the consent of the Agency. The two parties shall agree
upon the termination conditions, including the effective date and in the
case of partial termination, the portion to be terminated, or
(2) By the Agency upon submitting written notification to the City. The
written notification must set forth the reasons for the termination, the
effective date, and in the case of partial termination, the portion to be
terminated. However, in the case of a proposed partial termination, the
City may terminate the award in its entirety if the City determines that the
remaining portion will not accomplish the purpose for which the award
was made.
Exhibit A
(C) Termination for Withdrawal, Reduction or Limitation of Funding In the event that
funding from the Federal government is withdrawn, reduced or limited in any way
after the effective date of this contract, and prior to its normal completion, the
City may summarily terminate this Contract as to the funds reduced or limited,
notwithstanding any other termination provision of this contract. Termination
under this Section shall be effective upon receipt of written notice by the Agency
or its representative.
11. CLOSE-OUT
Upon termination of this Contract, in whole or in part for any reason including
completion of the project, the following provisions shall apply:
(A) Upon written request by the Agency, the City shall make or arrange for payment
to the Agency of allowable reimbursable costs not covered by previous payments;
(B) The Agency shall submit within thirty (30) days after the date of expiration of this
Agreement, all financial, performance and other reports required by this
Agreement, and in addition, will cooperate in a program audit by the City;
(C) In the event a financial audit has not been performed prior to close-out of this
Agreement, the City retains the right to withhold a just and reasonable sum from
the final payment to the Agency after fully considering the recommendation on
disallowed costs resulting from the final audit.
12. VENUE AND CHOICE OF LAW
Any action at law, suit in equity, or other judicial proceeding for the enforcement
of this Agreement or any provisions thereof shall be instituted only in the Court of the
State of Washington, County of Kitsap. It is mutually understood and agreed that this
Agreement shall be governed by the laws of the State of Washington, both as to
interpretation and performance.
13. SEVERABILITY CLAUSE
It is understood and agreed by the parties that if any part, term, or provision of
this contract is held by the courts to be illegal or in conflict with any law of the state
where made, the validity of the remaining portions or provisions shall not be affected,
and the rights and obligations of the parties shall be construed and enforced as if the
Agreement did not contain the particular part, term, or provision held to be invalid.
Exhibit A
14. INTEGRATED DOCUMENT
This Agreement with any attachments constitutes the entire agreement between
the parties and both parties acknowledge that there are no other agreements, written or
oral, that have not been fully set forth in the text of this Agreement.
EXECUTED this _______________day of _______________ 2013.
AGENCY:
AGAPE Unlimited
(Agency)
BY:_________________________
(Signature)
____________________________
(Please Print Name and Title)
____________________________
(Date)
ADMINISTRATOR SHELTER PLUS CARE PROGRAM
____________________________ ____________________________
Administrator Date
MAYOR, CITY OF BREMERTON
____________________________ ____________________________
Patty Lent Date
Approved as to form:
___________________________
Bremerton City Attorney
Exhibit A
INDEX TO SHELTER PLUS CARE AGREEMENT
Article I. Project
1. Scope of Services
2. Term of Agreement
3. Program Reporting
Article II Financial Conditions
1. Budget and Compensation
2. Documentation of Costs and Other Financial Reporting
3. Reimbursement
Article III. Federal Conditions
1. Uniform Administrative Requirements
2. Conflict of Interest
3. Displacement, Relocation, Acquisition and Replacement of Housing
4. Lead Based Paint
5. Discrimination Prohibited
Article IV General Conditions
1. Compliance with Laws
2. Licensing and Program Standards
3. Insurance
4. Indemnity
5. Notices
6. Assignment and Subcontracting
7. Reservation of Rights
8. Amendments to Agreement
9. Failure to Perform
10. Termination
11. Close-Out
12. Venue and Choice of Law
13. Severability Clause
14. Integrated Document
Exhibit B
1
ATTACHMENT #1
SHELTER PLUS CARE
MANAGEMENT PROCEDURES/PLAN
Shelter Plus Care (SPC) is a U.S. Department of Housing and Urban Development
(HUD) housing grant specifically aimed at housing the disabled homeless population
while ensuring that their on-going needs are met through active case management. SPC
provides housing assistance funds and requires the agency involved to provide an equal
amount of services to the client. The client must be homeless and disabled with either, or
a combination of the following disabilities: severe mental illness, chemical dependency,
or AIDS or AIDS related illness. AGAPE, as sponsor of the SPC Program will manage
the program in accordance with the plan as described in the application and described
below.
Scope of Services/History
The City of Bremerton initially submitted an application to HUD on July 6, 1993 under
the McKinney Shelter Plus Care Program for rent assistance to provide alcohol/drug free
permanent housing for 8 homeless women with children and 16 homeless men disabled
by chronic alcoholism and substance abuse. A grant in the amount of $596,400.00 was
awarded on January 5, 1995. Agape Unlimited, a state licensed non-profit alcohol and
drug treatment provider, serves as the sponsor and primary social service provider for the
project. Agape Unlimited and the City have successfully applied for renewal funds every
year since the initial award; see below for current funding levels.
Funds were awarded under three components of the Shelter Plus Care Program.
Project Based Rental Assistance (PBRA): Assistance is provided to AGAPE for units
located at 1323 and 1329 Crawford St. Participants do not retain assistance if they move.
Sponsor based Rental Assistance (SBRA): Participants reside in housing owned or leased
by Agape. Participants do not retain assistance if they move.
Tenant Based Rental Assistance (TBRA): Provides grants for rental assistance which
allows participants to choose housing of appropriate size. Agape may require participant
to live in a specific structure the first year and in a specific geographic area for the
remainder of the participation. Units are located throughout Bremerton city limits.
Participant retains assistance if they move while still enrolled in program.
Exhibit B
2
All three components, Project Based Rental Assistance (PBRA), Tenant Based Rental
Assistance (TBRA) and Sponsor Based Rental Assistance (SBRA) of the original grant
have been completed and must be renewed annually. The City submitted and received
funding for 2012 as follows:
Program Amount 0 BR 1-BR 2-BR 3-BR 4-BR 5-BR
TBRA $39,618.00 4 1
SBRA $109,534.00 4 4 1
PBRA $33,790.00 2
Agape's program is composed of three stages:
Initial outreach and residential chemical dependency treatment (funded by non Shelter
Plus Care sources);
Drug/alcohol free group living with intensive treatment and job training services;
(Project Assistance)
Permanent supportive housing in the community.(TBRA and SBRA)
The continuum of housing linked to appropriate social services is designed to promote
self-sufficiency and clean and sober living by providing gradually increasing levels of
responsibility and independence based on personal progress in meeting recovery goals.
The group houses, located at 1323 and 1329 Crawford St. in Bremerton, provide 18 beds
of permanent housing with cooking, cleaning, laundry and recreational facilities including
a common room and garden. The program provides a home-like, not an institutional
environment for residents. Moreover, the houses are only two blocks from the Agape
outpatient treatment facility.
The Sponsor based component is typically used both as an intermediary phase and an
alternative to group living for families. Agape has identified apartment units throughout
the community to utilize in the program.
For the Tenant based component, participants must have obtained the self-sufficiency to
maintain a unit with little assistance.
Participant Selection
Participants must be:
Chemically dependent, participating in an outpatient treatment program
18 years of age or older
Homeless
Living on the street or in a homeless shelter, released (with no housing options) to the
streets from jail, in-treatment programs, and hospitals.
Priority for housing assistance will be as follows:
Exhibit B
3
First Priority: Individuals living on the street;
Second Priority: Release from the jail to the street;
Third Priority: Release from treatment to the street
Screening and selection process will be coordinated by AGAPE who will interview each
potential participant to determine eligibility. Persons eligible for the project will be
placed on a waiting list and are responsible to contact AGAPE, by telephone, at least once
every three days to indicate they are still interested in the program. Tenants are selected
from those eligible based upon their position on the waiting list (unless there are
documented extenuating circumstances)
Method for Assigning Units
Assignment of units is determined according to the clients’ needs, including stability in
treatment, family size, level of self-sufficiency and need for on-going peer support.
When residents move out of a Project Based unit, Agape will move new residents into the
bedroom that was vacated. Participants that can be accommodated by the Project Based
houses will not be moved around the house unless a woman or man with several children
requires the larger spaces located in the lower level of the buildings. Men, including men
with children reside in one house and women, including women with children reside in
the other house.
Smaller Sponsor Based units are utilized by single individuals high in self-sufficiency.
Large units are utilized as multiple adult dwellings or as housing for parents with
dependent children. The appropriate housing unit will be determined taking into
consideration the quality, access to services, and appropriateness of the unit type.
Those moving into Tenant Based assistance will locate their own housing within the City
of Bremerton. AGAPE will assure the unit meets HQS. The size and type of housing
will be determined according to family size and need.
Participant Role in Operations/Management
Residents at the group houses will be responsible for regular house maintenance,
including cleaning and yard work. Group home residents will have weekly house
meetings to address both community and operations issues, and will provide input on
program evaluation. These meetings will address mutual responsibility for house chores.
All program participants will be involved in decision making and problem solving for the
program through on-going program evaluations.
Applicant Role in Operations/Maintenance
Agape is responsible to ensure that the houses are properly maintained, contract for
necessary repairs, collect rent, provide cleaning supplies and provide yard tools. Agape
counselors assist residents to develop skills for house maintenance, implement the chore
Exhibit B
4
list, and facilitate resident meetings. Agape is responsible to ensure that sufficient
funding is available to operate and maintain the buildings properly. Agape pays all utility
bills, but not long distance phone costs. Agape is available in the evenings and weekends
to provide help and supervision for participants.
Participant Eligibility Verification
Agape will verify eligibility and determine Total Tenant Payment (TTP) for all
participants. The following documentation will be required to determine eligibility for
each participant:
1. Intake application
2. Certification of homelessness
3. Certification of disability
4. Income verification
Payment
The rent to be paid by each tenant will be calculated based on the highest of:
30 percent of the family's monthly adjusted income (adjustment factors include the
number of people in the family, age of family members, medical expenses, and child
care expenses); or,
10 percent of the family's monthly income.
Housing Quality Standards and Rent Reasonableness Certification
All necessary Housing Quality Standards (HQS) Inspections and Rent reasonableness
studies will be performed by Agape who will also maintain the required documentation.
Agape may enter into a contractual agreement relative to the Shelter Plus Care Program
with a landlord only after it has certified that the housing unit meets HQS and rent
reasonableness criteria.
Lead Based Paint Requirements
AGAPE will assure all units meet HUD's Lead Based Paint Requirements.
Assessment Methods
The Continuum of Care Coalition consists of local participating agencies providing
services, and Agape. The committee will meet at least monthly to share program
information on housing units, client services and record keeping requirements. The City
of Bremerton will participate in the meetings once a year.
Additionally, the Coalition will assess and make recommendations regarding:
Exhibit B
5
how effective outreach efforts were to identify initial program participants and
additional participants as space became available;
how well coordinated the system of services is to meet the changing needs of clients;
how efficient is the mechanism for administering rental assistance.
The Coalition will discuss specific case studies to measure the clients’ stability in
housing, improved functioning, the use of treatment and community services, the degree
of independence achieved, and the degree of client satisfaction with the services
provided.
AGAPE will submit semi-annual reports to the City of Bremerton.
Request for Payment
No less than two weeks prior to the last day of each month Agape must provide
verification of rent subsidy payments required for the upcoming month. NO PAYMENT
WILL BE MADE UNLESS THIS VERIFICATION IS RECEIVED. Such verification
includes the following:
1. Documentation regarding participant eligibility as previously described;
2. HQS inspections and rent reasonableness studies as described above;
3. A signed contract between Agape and the Landlord for payment of housing
assistance;
4. A signed lease agreement for a period of no less than thirty (30) days between the
Landlord and Agape;
5. An agreement between the Landlord and the service agency regarding support
services.
The City of Bremerton will promptly process the payment.
Administrative Fee
The HUD Shelter Plus Care program authorizes an eight percent (8%) administrative fee
for the following activities: providing rental payments to landlords; examining family
income; providing housing information and assistance; inspecting units for HQS; and
receiving new participants into the program. An analysis indicates the City of Bremerton
provides approximately 25% of these services and AGAPE provides 75%. Therefore, a
6% administrative fee will be available to AGAPE and a 2% administrative fee will be
available to the City of Bremerton. Administrative funds must be disbursed based on the
actual time spent on administrative functions pertaining to the grants. In order to ensure
that Administrative fee lasts for the duration of the program year, the City and Agape may
choose to draw less of the Administrative fee than they are entitled to based on timecard
records. In no instance shall an amount in excess of that supported by the timecard be
drawn in any given month. Documentation of the time spent on the activities must be
maintained by the City of Bremerton and AGAPE.
Exhibit B
6
Housing Assistance Payments
Rent subsidy payments will be made by Agape to the landlord(s) as appropriate
Agape will maintain a special bank account dedicated solely to Shelter Plus Care
activities. All funds received from the City of Bremerton will be placed in and disbursed
from this account.
Agape will maintain records of rent subsidy payments to landlords.
Vacancy Payments
Agape must immediately notify the City of Bremerton upon termination of tenancy so
that the City may determine allowable vacancy payments to landlord(s).
HUD Required Reporting
AGAPE will provide the data to the City of Bremerton for the HUD annual report.
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Ordinance to repeal the 2005
Water System Plan and Resolution to adopt
the City of Bremerton 2012 Water System
Plan Update
Study Session Date: May 22 & June 12, 2013
COUNCIL MEETING Date: June 19, 2013
Department: Public Works & Utilities
Presenter: Kathleen Cahall,
Water Resources Mgr.
Phone: 473-2315
SUMMARY: Water system planning is essential for the Bremerton Water Utility to meet forecast
increases in water demand. The Water System Plan is updated every six years in accordance with
Washington Administration Code 246-290. It identifies present and future drinking water quality,
water rights, and financial requirements and describes the means to meet those requirements
consistent with federal, state, and local regulations.
ATTACHMENTS: City of Bremerton 2012 Water System Plan Update, Ordinance and Resolution
FISCAL IMPACTS (Include Budgeted Amount): The Water System Plan includes anticipated
operation expenses for the Water Utility and a 20-year Capital Improvement Plan estimated to cost
$85 million.
STUDY SESSION AGENDA: ☒ No Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
1) Move to approve Ordinance No. ____ repealing Ordinance No. 4992 which adopted the 2005
Water system Plan.
2) Move to approve Resolution No. _____ adopting the City of Bremerton 2012 Water System Plan.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/02/12
2012 Bremerton Water System Plan Update
Purpose of the plan is to:
Identify present and future needs
Set forth the means to address these
needs
Demonstrate that the water system has
the operational, technical, managerial,
and financial capability to maintain
compliance with all relevant regulations
Plan update required
every 6 years
What does the water system plan contain?
The elements required to be covered in the
water system plan are:
Description of the water system
Service area agreements and policies
Basic planning data
Water demand forecast
System design standards
Water quality analysis
Water rights analysis
What does the water system plan contain? (con’t)
Water efficiency program
Supply analysis
Source water protection- surface watershed control
and wellhead protection
Operation and maintenance program
Distribution system design and construction
Modeling update
Capital improvement program
Financial program
2012 Bremerton Water System Plan Update
How does this plan relate to GMA Comprehensive Planning?
The water system plan must be consistent with the Bremerton
Comprehensive Plan and for those areas outside City limits, the Kitsap
County Comprehensive Plan.
What is the proposed schedule for completion?
Draft to Department of Health October 2012
Public Participation/Efficiency Goal Setting May/June 2013
To City Council for approval June 19, 2013
Special Considerations for this WSP Update:
Most of the WSP is being completed by city staff, not consultants.
Other plans are being updated concurrently such as Efficiency Plan, Watershed
Protection Plan, and all monitoring plans.
1
2012 Water System Plan
RESOLUTION NO. ________
A RESOLUTION of the City Council of the City of
Bremerton, Washington adopting the 2012 Water System Plan.
WHEREAS, the City of Bremerton last updated its water system plan in 2006 by
adoption of the 2005 Water System Plan pursuant to Ordinance No. 4992: and
WHEREAS, a water system plan provides a means to meet future water system needs;
and
WHEREAS, the City Council desires to plan for the future and growth in its water system
service area by updating its current Water System Plan; and
WHEREAS, the City is required to formally adopt a Water System Plan under
Washington Administrative Code 246-290-100 and Bremerton Municipal Code 15.02.020; NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Adoption. The 2012 Water System Plan, attached hereto as Exhibit
A and incorporated herein by this reference, is hereby adopted.
SECTION 2. 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 3. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
PASSED by the City Council the___________ day of ____________________,
2013
_________________________________
GREG WHEELER, Council President
ATTEST: APPROVED AS TO FORM:
__________________________________ ________________________________
SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney
R:\Legal\Legal\Resolutions\Public Works\2012 Water System Plan Resolution.docx
1
2005 Water System Plan- Repeal
ORDINANCE NO. ________
AN ORDINANCE of the City Council of the City of
Bremerton, Washington repealing Ordinance No. 4992 relating to
the City’s 2005 Water System Plan.
WHEREAS, the City of Bremerton last updated its water system plan in 2006 by
adoption of the 2005 Water System Plan pursuant to Ordinance No. 4992: and
WHEREAS, the City is required to formally adopt a Water System Plan update under
Washington Administrative Code 246-290-100 and Bremerton Municipal Code 15.02.020 and
will adopt an updated Water System Plan by resolution; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Ordinance No. 4992 adopting the 2005 Water System Plan is
hereby repealed in its entirety.
SECTION 2. 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 3. 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.
PASSED by the City Council the___________ day of ____________________, 2013
_________________________________
GREG WHEELER, Council President
Approved this ________ day of ________________________, 2013
_________________________________
PATTY LENT, Mayor
2
2005 Water System Plan- Repeal
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\Public Works & Utilities\2012 Water System Plan Repeal Ordinance.docx
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Resolution No.
to establish water efficiency goals for the
City of Bremerton Water Utility
Study Session Date: May 22 and June 12,
2013
COUNCIL MEETING Date: June 19, 2013
Department: Public Works & Utilities
Presenter: Kathleen Cahall
Phone: 473-2315
SUMMARY: The Washington State Department of Health requires water systems to establish water
efficiency goals every six years at the same time the Water System Plan is being adopted.
Bremerton last established water efficiency goals in 2007. Washington Administrative Code 246-290
requires that water efficiency goals describe measurable outcomes in reduced or maintained water
usage, be set in a public forum providing opportunity for comments, and that City Council review the
comments received.
City staff recommend the following goals:
1) Keep water use in single family homes to an average of less than 180 gallons per day.
2) Businesses provided with targeted water efficiency information will reduce their water use by
3%.
Between May 24 and June 10, 2013 Bremerton will solicit comments on these goals and will present
to City Council study session for review. The establishment of the final efficiency goals will be on
June 19, 2013.
ATTACHMENTS: Efficiency Goal Setting Fact Sheet, Resolution
FISCAL IMPACTS (Include Budgeted Amount): Bremerton’s water efficiency program is budgeted
at approximately $25,000 per year to provide outreach on ways customers can use water wisely.
STUDY SESSION AGENDA: ☐ No Discussion ☒ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to adopt Resolution No. ___ to establish water efficiency goals for the City of Bremerton Water
Utility.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/02/12
Bremerton’s Water Efficiency Rule Goal Setting Proposal for 2013
The Washington State Municipal Water Supply Efficiency Requirements Act requires the City of Bremerton
Water Utility to comply with the following:
Requirement Status
Provide source, consumption, and demand forecast
data
In compliance as documented in the Water System
Plan
Meter all sources and customers All Bremerton sources and customers are metered
Distribution system leakage must be less than 10% on
a 3-year average Bremerton’s water leakage rate is less than 10%
Establish measurable water efficiency goals using a
public process
Public efficiency goal setting first conducted by City
Council in November 2006 in conjunction with WSP
public informational meeting and will next be
addressed in 2013
Water efficiency program must implement or evaluate
at least nine measures and describe how customers
will be educated on efficiency practices
Bremerton’s Water Efficiency Plan meets these
requirements
Annual performance reports must be delivered to
customers beginning July 1, 2008
Bremerton’s report is included in the annual
Consumer Confidence Report sent in the customer
utility bills
WAC 246-290-830 requires water systems to develop water efficiency goals that must:
Describe measurable outcomes in terms of reduced or maintained water production or usage
Be set in a public forum that provides opportunity for consumers to participate and comment
Be reviewed by City Council who shall consider all comments received
The following water efficiency goal is proposed for Bremerton main System:
Keep water use in single family households to an average of less than 180 gallons per day over a 3-
year period.
The following water efficiency goal is proposed for the Bremerton W517 Zone System:
Businesses provided targeted efficiency information will reduce water use by 3%.
Our community has done an excellent job with water efficiency. The proposed goals were selected to maintain
our conservation achievements, be reasonable to attain, and be easily communicated to our customers.
The rationale for the main system goal is that over 80% of the water used within the City’s retail water system
is used for residential use, most of that by single family homes. The amount of water used by single family
households is calculated annually and is shown in the chart below.
Bremerton and other area water systems
have seen a decline in use per household.
The proposed water efficiency goal is 7%
less than our previous goal of 195 gallons
per day and demonstrates the City’s
dedication to maintaining the conservation
advances already made. A separate goal
was designed for the W517 Zone system
since it is almost all businesses.
A survey will be used and the June 19 City
Council meeting will serve as the public
forum to encourage public input for water
efficiency goal setting. Goals may be
revised and new ones could be included
as a result of the public process.
Water Use per Single Family Home
Economic Downturn
Drought Drought
Current WUE Goal
Bremerton's Use
Wettest Summer Proposed New WUE
Goal
140
150
160
170
180
190
200
210
1994 1996 1998 2000 2002 2004 2006 2008 2010Gallons per day
1
2012 Water System Plan
– Efficiency Goals
RESOLUTION NO. ________
A RESOLUTION of the City Council of the City of
Bremerton, Washington, to repeal previous water efficiency goals
established in 2006 with Resolution No. 3019 and adopt updated
water efficiency goals for the City of Bremerton Water Utility.
WHEREAS, The Bremerton Water Utility and its customers have shown their
commitment to using water efficiently; and
WHEREAS, the City of Bremerton previously set water efficiency goals in 2006; and
WHEREAS, the City Council desires to comply with Washington Administrative Code
246-290 requiring Bremerton to establish water efficiency goals every six years as part of its
Water System Plan approval; and
WHEREAS, the City water efficiency goals must describe measurable outcomes in terms
of reduced or maintained water usage; and
WHEREAS, the City provided a public forum for water customers and the public to
participate and comment on the water efficiency goals; and
WHEREAS, the City Council has reviewed and considered comments received; NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The following are water efficiency goals for the City of Bremerton
Water Utility:
1) Maintain water use per single family residence to below 180 gallons per day on a three
year average.
2) Businesses provided targeted efficiency information will reduce their water use by 3%.
SECTION 2. Water efficiency goals may be changed in accordance with
Washington Administrative Code 246-290.
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.
2
2012 Water System Plan
– Efficiency Goals
SECTION 4. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
PASSED by the City Council the___________ day of ____________________,
2013
________________________________
GREG WHEELER, Council President
ATTEST: APPROVED AS TO FORM:
__________________________________ ________________________________
SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney
R:\Legal\Legal\Resolutions\Public Works\2012 Water Efficiency Goals.docx
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Public Hearing to adopt the
State Building Code WAC 51 – 2012
Editions of International Building Codes and
Uniform Plumbing Code; and Ordinance
No. amending BMC Chapter 17.04
Study Session Date: 5/22/13 & 6/12/13
COUNCIL MEETING Date: June 19, 2013
Department: DCD
Presenter: Jeannie Vaughn
Phone: (360)473-5212
SUMMARY: The action before the Council is to conduct a public hearing and pass an ordinance
amending BMC 17.04 to adopt the 2012 editions of the International Building Code, International
Residential Code, International Mechanical Code, International Property Maintenance Code,
International Fuel Gas Code, and the Uniform Plumbing Code, as amended by the Washington State
Building Code Council or published by the International Code Council; make minor housekeeping
amendments for proper references in the BMC; and amend the International Property Maintenance
Code.
ATTACHMENTS:
A. Staff Memorandum with Attachment 1 Staff Narrative of Code Changes
B. Proposed Ordinance
FISCAL IMPACTS (Include Budgeted Amount): None
STUDY SESSION AGENDA: ☐ No Presentation ☒ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☒ Public Hearing
RECOMMENDED MOTION:
Move to pass Ordinance No. _____ to amend the City Building Code Chapter 17.04 BMC.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/25/13
M EMORANDUM
CITY OF BREMERTON, D EPARTMENT OF COMMUNI TY DEVELOPMENT
TO: CITY COUNCIL
FROM: JEANNIE VAUGHN, BUILDING OFFICIAL
SUBJECT: AMENDMENTS OF CITY BUILDING CODE
DATE: MAY 14, 2013
The Washington State Building Code will be updated on July 1, 2013, to the 2012 editions of the
International Building Code, International Residential Code, International Mechanical Code,
International Fuel Gas Code, International Energy Conservation Code, and the Uniform
Plumbing Code.
The adoption by the State of Washington applies to all cities, towns and counties, including the
City of Bremerton. Cities and counties are charged with enforcement of the State Building Code,
and may make amendments as long as the amendments maintain the minimum performance
standards and do not affect single dwellings or multifamily dwellings (2-story, <5,000 sf, and ≤4
dwellings). The proposed motion will repeal the 2009 editions of the codes, adopt the 2012
editions, and provide for amendments to the Bremerton Municipal Code (BMC) 17.04.
The Department will give the Council workshop presentations on May 22, 2013, and June 12,
2013, with the public hearing and adoption scheduled on June 19, 2013. The new code will be
effect on July 1, 2013.
Attachment 1 to this memo includes a summary of the significant or interesting changes that I
thought would be of most interest in my professional opinion. More than 500 changes are
incorporated into the 2012 codes, many of which are editorial or clarifications. About 200
changes are significant in that they are additions or improvements to the code. The “Impact”
column to the right of each item in the summary is a measurement of the anticipated impact to
the contractor, developer, homeowner, or City staff. Impacts are rated from 1 to 3, with 1 being
little or no impact and 3 being controversial or significant added cost of construction or time.
The State Building Code Council consists of 15 members appointed by the governor and
includes elected officials, commercial and residential construction representatives, architect,
structural engineer, mechanical engineer, representative of construction trades, a person with a
physical disability, and a representative of the general public. The code is adopted on a 3-year
cycle by the State legislature, and the Council makes recommendations to the State legislature
as to the adoption language of the codes.
The Council appoints experts and interest group representatives to serve on the Technical
Advisory Groups (TAG) to assist the Council by providing detailed information on state building
code changes and other issues. All meetings are open to the public and active participation is
encouraged. The groups include the Building Code Tag, Residential TAG, Green Construction
TAG, Plumbing Code TAG, Fire Code TAG, among others. Public participation is encouraged in
all meetings and hearings.
Significant Changes from 2009 to 2012 International Residential CodeSection ChangeImpactR101.2Adds lodging house (bed and breakfasts) to scope of IRC ‐ owner‐occupied with five or fewer guest rooms, with fire sprinklers. (Washington has not amended this section.) 3R105.2 Exempts fences 7' and under from permit1R302.1Exterior walls can now be 3 feet to property lines when home is sprinklered; or exterior wall can be on property line when neighboring home is 6 feet from property line in a planned development. 1 or 3R302.5.1 Self‐closing device on door between garage and dwelling is now required ( was in Uniform Code) 1R303.5Ventilation intake openings ‐ minimum vertical distance between an outdoor intake and a contaminant source has increased from 2 feet to 3 feet when located within 10 feet horizontally; does not apply to bath or kitchen exhaust fans. 1R308.4Hazardous locations for glazing section has become more organized for locations. Glazing and wet surfaces takes separate sections and places them in one section. Distance now measured from water's edge. 1R308.4.6Glazing adjacent to stairs and ramps now required to be safety glazing when height is less than 36", same as guardrail height. Was 60".1R309.5Nonrated garage wall allowed when garage is protected with sprinkler system with density of 0.05 gpm/ft2. Garage doors are not considered an obstruction.2R310.1 Emergency escape openings distance to sill height is now measured to the bottom of the clear opening. 1R311.3.1Provision for Exterior door to have threshold to landing distance of 7 3/4" applies to exterior landing only and may not be applied to the interior.1R312 Guards and window fall protection for windows located within 24" of floor and higher than 6 feet from ground 1R314 Smoke alarms may be wireless1R501.3 Fire protection under the floor when used for storage or fuel‐fired appliances 1R602.7, Table R602.7.1 Single 2x lumber may be used for headers in limited loading conditions to increase energy efficiency (insulation) 1R703.8 Requires pan flashing at the base of the window opening 2R802.7 Cutting, Drilling, and Notching of Roof Members is clarified for nominal dimensions and taper cuts1R905.2.8.5 Requires roof drip edge for asphalt shingles1R1005.7 Factory built chimneys may have no more than 4 elbows and the angle may not exceed 30%1IRC contains 73 significant changes. According to ICC, less than 5% of the changes result in increased cost of construction. The primary effect of amendments is improvement of the code, and the objective of the amendments is to create a consistent regulatory system.Attachment 1 to Staff Memo Page 1 of 8
Section ChangeImpactM1411.6 Prevent unauthorized access to outdoor refrigerant ports with locking access port caps or otherwise secured2M1502.4Dryer exhaust duct modified: Support spacing increased from 4 to 12 feet, Mechanical fastening required, Screw fasteners penetrate ≤ 1/8 inch, Specified length increased from 25 to 35 feet 1M1506 Exhaust ducts must now terminate at least 3 feet from property lines and openings (same as Mechanical Code)1M1901 clearances between cooktop and range hood or microwave clarified1M2301, M2302 New requirements for photovaic systems (solar power)1G2409.1 Gypsum wallboard is now specifically identified as combustible for purposes of determining clearances of gas appliances1Attachment 1 to Staff Memo Page 2 of 8
Washington Amendments to 2012 International Residential CodeSection ChangeImpactR102.7.1 Adds exemption for 500 sf from whole house ventilationR202Adds definitions of habitable attic, accessory dwelling unit, and mezzanine; and allows 500 sf for home occupations of low hazard. Accessory Dwelling Unit does not have to be separated from the primary unit when one of the units is owner‐occupied, and both units have interconnected smoke alarms. 1R302.2.1Clarifies the fire resistance rating of a wall that extends beyond a story below has to continue the fire resistivity to the edge of the wall or under the extension. 1Table R302.1(1), Table R302.1(2) Footnotes added for eave projections in fire separation distance. 1R302.2.4Townhouses are required to be structurally independent, but a new section has been added to allow floor sheathing to be fastened to the floor framing of both units.1R315Carbon monoxide alarms are required in all single family residences (required now when home has fuel‐fired appliances or attached garage)1R325Adult Family Home section includes more extensive requirements for adult family homes to match state licensing rules.1R328 New section to address mezzanines.1R408.2 Underfloor ventilation (foundation vents) no longer have to start within 3 feet of corner.1R501.3 Modified to add clarification for floor protection from fire.1R507.2.2An alternative for deck connection to the house provides lateral attachment without going through wall to interior wall joists.1R602.10 Wood wall bracing modified and some sections deleted because IRC matched WA code.1R703.1.1A water‐resistive barrier is required under exterior cladding for an exterior wall clad with panel or lapped siding made of plywood, engineered wood, hardboard, or fiber cement.1Chapter 20Boilers and water heaters state amendment is now deleted to allow jurisdiction to cover boilers that are covered by L & I1The code is adopted with the inclusion of Appendix F ‐ Radon Control Methods, Appendix G ‐ Swimming Pools, Spas and Hot Tubs, and Appendix R ‐ Dwelling Unit Fire Sprinkler Systems. Washington does not adopt the energy, plumbing, or electrical provisions of the IRC, and these systems are covered under the International Energy Conservation Code, Uniform Plumbing Code, and the National Electrical Code.Attachment 1 to Staff Memo Page 3 of 8
2012 International Energy Conservation Code, State Amendments for Residential ConstructionEnergy Code Technical Advisory Group (TAG) ‐ 26 individuals who represent the various stakeholders in the construction industry •From 1980 to 2008 energy efficiency saved more than 4,000 average megawatts•Enough energy to power all of Idaho and Western Montana and a city the size of Eugene (pop. 156,000)•½ the growth in electricity demand is from conservation•8‐10 coal or gas fired generation plants did not have to be built•15 million tons less CO2 in 2008 alone•In 2008 consumers paid $1.8 billion less for electricity‐even after paying for conservation programs–Enough electricity for 188,000 homes–Saved consumers $3.1 billion in energy costs in 2011 aloneSection ChangeImpactR101.2 Code is the maximum and minimum for each town, city and county 1R101.4.3.1Exceptions for duct testing in existing homes include : Less than 40 lineal feet of ductwork outside conditioned space (combined supply and return), Ducts containing asbestos, Ducts that have previously been tested , and Ducts in additions less than 750 sf.1R101.4.4Change of use has to be brought into full compliance (Building Official has option in R101.4.3 to allow less than the code under certain conditions)2Exception for additions under 750 sf is no longer in code2R401.2Projects shall comply with Sections identified as “mandatory” and with either: Prescriptive, U‐Factor Alternative or Performance Approach (name change only); Online tool called ResCheck can be used as a tool.1R402.1.1 Climate zones have changed to correlate to the IECC. Kitsap County is now Marine 4.1R402.1 Insulating crawl space walls instead of installing floor insulation is not prescriptively permitted.1R402.1.4 Total UA Alternative is formerly known as Component Performance. Allows tradeoffs in building envelope components.1R402.2.10Unvented crawl spaces are not prescriptively allowed.1R402.4.1.2Air leakage testing will be based on “air changes per hour” and not “specific leakage area”. The IECC maximum leakage rate is 3 Air changes per hour (ACH). This was changed to 5 ACH for WA. 2R403.2.2Duct testing targets will change to 4% from the current 6% and 8%.2Chapters 1‐4 RE Residential cover single family residences, duplexes, townhouses, and apartments <= 3 stories in height.Chapters 1‐4 CE commercial covers commercial buildings, and residential buildings > 3 stories in height above grade plane.Attachment 1 to Staff Memo Page 4 of 8
Section ChangeImpact105.2 Fences exempt from permit is now increased to 7' due to the fence board typically being 6'. 1303.3, 306.2 Commercial kitchens not associated with a dining facility are now included in Group F‐1 occupancy. 1Table 307.1(1), 307.4 Occupancies producing combustible dust must now have a technical report and opinion as to the potential hazard. 2403.6.1 No less than two fire service access elevator required in high rise > 120'. 3422, 903.2.2A fire partition is required between an Ambulatory Health Care and other occupancy. These occupancies are required to be sprinklered when 4 or more recipients are incapable of self‐preservation on a level of exit discharge, or when one person is on a level that is not the level of exit. 1501.2 Address numbers may be required in multiple locations if necessary to facilitate emergency response. 1505.2.2 A mezzanine must have exiting the same as any other floor. 1703.7Fire and smoke separation walls must be identified above the ceiling and below the floor at regular intervals with lettering at least 3/8" high.1706.2A double fire wall that complies with NFPA 221 may be substituted for a single wall that allows collapse of a structure on either side of the wall without collapsing the wall. 1Table 716.3 New table defines and relates the various test standards for fire‐rated glazing.1Table 716.5Many of the requirements regarding openings in walls and shafts have now been placed in a table to better define and relate the requirements.1Table 716.6 New table identifies the markings required on fire‐rated glazing.2716.6.4 Wired glass must meet standards for fire‐rated glazing.2901.8Fire pump and riser rooms must be sized large enough to allow maintenance and removal of the largest piece of equipment.1903.2.4, 903.2.7, 903.2.9Storage, manufacture, display or sales of furniture and mattresses is required to be sprinklered when the area exceeds 2,500 sf in manufacture or 5,000 sf in storage and retail sales.1903.2.11.2 Sprinklering of basements is now extended to basements that have obstructions to the application of fire streams.1907.2.3Educational occupancies with an occupant load of 30 or more is required to have an emergency voice/alarm communication system.1907.2.11.3 Wireless interconnection of smoke alarms is now recognized in the code.11001.4 The IBC now references the IFC for fire safety and evacuation plans in buildings.1Significant Changes from 2009 to 2012 International Building Code2012 IBC has 165 Significant Changes from 2009Attachment 1 to Staff Memo Page 5 of 8
Section ChangeImpact1005The width of the means of egress may be reduced with a sprinkler system and the emergency voice/alarm communication system.11008.1.9.9Electromagnetically locked egress doors may be used at locations that require panic hardware provided the operation of the hardware releases the magnetic lock.31011.2 Floor level exit signs are required on floors that have guest rooms in transient accommodations, Group R‐1.21013.1, 1013.8 Guards are required for windows having a sill height of 36" compared to 24" previously in residential occupancies.21013.3 In residential occupancies, guardrail height has decreased from 42" to 36" to match the requirements of the IRC.1Attachment 1 to Staff Memo Page 6 of 8
Washington Amendments to 2012 International Building CodeSection PurposeImpact403Requires smokeproof exit enclosure above 75 feet and two fire service elevators with a capacity of 3500 pounds in buildings with an occupied floor above 120 feet3908 Carbon Monoxide Detectors is rewritten to be installed except in certain conditions of residential occupancies. 11007.8.1Requires backup power of at least 90 minutes for two‐way communications provided in areas of refuge for persons needing assistance evacuating a building11008 Addresses special egress control locks in Group I‐2 and in Boarding Homes licensed by the State. 11106.6 Route from accessible parking to be marked as a crosswalk when crossing traffic lanes. 11107 Modifies requirement of accessible units in residential occupancies to include proportion of each type of unit in building. 11403 Modifies exceptions for weather protection and adds requirements to limit flame propagation 1Table 1705.3 Modifies special inspection for anchors in concrete construction and amends referenced section of ACI 318. 12900Instead of completely replacing Chapter 29, some sections are unamended and most are amended. Table 2902.1 is heavily amended and requires more plumbing fixtures than the unamended code (mostly unchanged). 13401.6 International Existing Building Code as amended may be used to show compliance with Chapter 34 for existing use. 13411Adds telephones to accessible route to list of primary function areas; and allows number of plumbing fixtures to be reduced by one in order to provide accessible features.1WAC has 75 amendments; 49 will remain and 23 will have modifications.16 amendments are deleted as no longer necessary.Attachment 1 to Staff Memo Page 7 of 8
Bremerton Amendments to 2012 International Property Maintenance CodeSection PurposeImpact101.1 Amend the admistrative section to insert the City of Bremerton as the jurisdition. 1103.5 Section regarding fees is deleted. Fees are covered in the BMC. 1107.5 Section number changed from 107.4 to 107.5.1302.8Motor vehicles is not adopted presently. The section would assist code enforcement in those complaints regarding parked cars in disrepair.1303.1, 303.2The entire section of 303 Swimming Pools, Spas and Hot Tubs is not adoopted presently, because the Health District was thought to beinvolved with pools. The proposed code deletes 303.2 for the enclosures because the Healt6h District and the IRC has regulations for enclosures, and adopts 303.1 Swimming pools.1307307 Handrails and Guardrails is not adopted presently. It has language that allows handrails at lower and higher heights than what is allowed by today's codes. However, in order to apply the code more efficiently, this section should be adopted as it applies to the maintenance of existing buildings. The section has been amended to reflect today's codes for height of handrails and guardrails, but will also allow for a reduced standard if the height was allowed by the code at the time of construction and is considered safe in the opinion of the Building Official. 1309.5309.5 Occupant is not adopted presently. This section makes the occupant responsible for maintaining a structure as rodent and pest‐free, except that the owner is responsible if the infestation is due to the defects of the structure. 1505.4505.4 Water systems was adopted without the second section that limits the installation in rooms that can be closed off. This section matches what is written in the fuel gas code. The whole section should not be adopted as written in the code.1Attachment 1 to Staff Memo Page 8 of 8
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2012 Building Code
Updates and Amendments
ORDINANCE NO. ________
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Chapter 17.04 of the
Bremerton Municipal Code entitled “City Building Code” by
adopting the 2012 editions of the International Building Code,
International Residential Code, International Mechanical Code,
Uniform Plumbing Code, International Property Maintenance
Code, International Fuel Gas Code, and International Energy
Conservation Code as amended by the Washington State Building
Code Council or published by the International Code Council; and
related amendments.
WHEREAS, as set forth in Section 17.04.020 of the Bremerton Municipal Code,
the City has adopted various Washington State and International building codes and made certain
amendments to those codes as set forth in Chapter 17.04 BMC; and
WHEREAS, pursuant to Chapter 19.27 RCW, the 2012 editions of the
International Building Code, International Residential Code, International Mechanical Code,
Uniform Plumbing Code, International Fuel Gas Code, and International Energy Conservation
Code, as amended by the State of Washington, apply to all cities, including the City of
Bremerton, effective July 1, 2013; therefore, it is appropriate to amend the Bremerton Municipal
Code to formally adopt the same; and
WHEREAS, the City Council also desires to make additional amendments to the
International Property Maintenance Code as set forth in Section 17.04.110 of the Bremerton
Municipal Code; and
WHEREAS, on May 29, 2013 the public was notified by a legal advertisement in
the Kitsap Sun of the opportunity to make comment and participate in the public hearing by the
City Council; and
WHEREAS, on June 19, 2013 the City Council conducted a public hearing and
considered all testimony prior to their decision.
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 17.04.020 of the Bremerton Municipal Code entitled "State
Building Code - Adoption" is hereby amended to read as follows:
17.04.020 STATE BUILDING CODE – ADOPTION.
In accordance with Chapter 19.27 RCW, the following codes (collectively, the "building
codes") together with any additions, deletions, and exceptions currently enacted or as may be
amended from time to time by the State of Washington through its Building Code Council
2
2012 Building Code
Updates and Amendments
pursuant to the Washington Administrative Code ("WAC"), and as further amended in this
chapter, are adopted by reference:
(a) The International Building Code, 2009 2012 Edition, published by the
International Code Council, Inc., as amended pursuant to Chapter 51-50 WAC.
(b) The International Residential Code, 2009 2012 Edition, published by the
International Code Council, Inc., as amended pursuant to Chapter 51-51 WAC.
(c) The International Mechanical Code, 2009 2012 Edition, published by the
International Code Council, Inc., as amended pursuant to Chapter 51-52 WAC.
(d) The Uniform Plumbing Code, 2009 2012 Edition, published by the International
Association of Plumbing and Mechanical Officials, as amended pursuant to Chapter 51-56 WAC
and the Uniform Plumbing Code Standards (Appendices A, B, and I to the Uniform Plumbing
Code), as amended pursuant to Chapter 51-57 WAC.
(e) The International Property Maintenance Code, 2009 2012 Edition, published by
the International Code Council, Inc.
(f) The International Fuel Gas Code, 2009 2012 Edition, published by the
International Code Council, Inc., as amended pursuant to Chapter 52-52 WAC.
(g) The Washington State Energy Code as written by the Washington State Building
Code Council The 2012 International Energy Conservation Code published by the International
Code Council, Inc. as amended pursuant to Chapter 51-11 WAC.
One (1) copy of each of these codes is on file with the City's Building Official.
SECTION 2. Section 17.04.110 of the Bremerton Municipal Code entitled
"Amendments to the International Property Maintenance Code" is hereby amended to read as
follows:
17.04.110 AMENDMENTS TO THE INTERNATIONAL PROPERTY
MAINTENANCE CODE.
The following local amendments to the International Property Maintenance Code are
hereby adopted as if fully set forth therein.
(a) Chapter 1 Section 101 of the International Property Maintenance Code entitled
“General” is amended by amending Subsection 101.1 to read as followsis adopted with the
exception of Section 111 and the following amendments:
Sec. 101.1 Title. These regulations shall be known as the International Property Maintenance
Code of the City of Bremerton, hereafter referred to as “this code.”
(b) Section 103 of the International Property Maintenance Code entitled “Department
of Property Maintenance Inspection” is not adopted.
(c) Section 106 of the International Property Maintenance Code entitled “Violations”
is amended by amending Subsections 106.1, 106.2 and 106.3 to read as follows:
Sec. 106 Violations
106.1 Unlawful acts. It shall be unlawful for any person, firm, or corporation to erect, construct,
alter, extend, repair, move, remove, demolish, or occupy any building, structure, or equipment
3
2012 Building Code
Updates and Amendments
regulated by this code, or cause same to be done, in conflict with or in violation of any of the
provisions of this code.
106.2 Notice of violations. The code official shall serve a notice of violation or order in
accordance with BMC Chapter 1.04 BMC.
106.3 Prosecution of violation. Any person failing to comply with a notice of violation or order
served in accordance with Subsection 106.2 above shall be enforced pursuant to Chapter 1.04
BMC.
(b) Section 107 of the International Property Maintenance Code entitled "Notices and
Orders" is adopted with the exception of Subsections 107.2 and 107.3 and with the following
amendments:
(d) Section 107 of the International Property Maintenance Code entitled “Notices and
Orders” is amended by not adopting certain subsections and by amending Subsection 107.5 to
read as follows:
107.1 Notice to person responsible. Whenever the code official determines that there has been a
violation of this code or has grounds to believe that a violation has occurred, notice shall be
given in the manner prescribed in BMC Chapter 1.04.
107.1 Notice to person responsible. This subsection is not adopted.
107.2 Form. This subsection is not adopted.
107.3 Method of service. This subsection is not adopted.
107.4 5 Penalties. Penalties for noncompliance with orders and notices shall be as set forth in
BMC Chapter 1.04.
(e) Section 111 of the International Property Maintenance Code entitled “Means of
Appeal” is not adopted.
(c) Chapter 2 of the International Property Maintenance Code is adopted with the
exception of the following:
Section 202 General Definitions shall not include "Garbage" and "Rubbish."
(f) Section 202 of the International Property Maintenance Code entitled “General
Definitions” shall not include the definitions of “Garbage” and ”Rubbish”.
(dg) Chapter 3 of the International Property Maintenance Code is adopted with the
exception of Subsections 302.4 "Weeds," 302.8 "Motor vehicles,"302.9" Defacement of
property," Section 303.2 "Swimming Pools, Spas and Hot Tubs - Enclosures," Subsections 304.3
"Premises identification,"304.14 "Insect screens,"304.17" Guards for basement windows,"
304.18.1 "Doors," Section 307 "Handrails and Guardrails," and Section 308 "Rubbish and
4
2012 Building Code
Updates and Amendments
Garbage," and Subsection 309.5 "Occupant."further amended by amending Subsection 307.1 to
read as follows:
307.1 General. Every exterior and interior flight of stairs having more than four risers shall have
a handrail on at least one side of the stair and every open portion of a stair, landing, balcony,
porch, deck, ramp or other walking surface which is more than 30 inches (762 mm) above the
floor or grade below shall have guards. Handrails shall not be less than 34 inches (864 mm) high
or more than 38 inches (965 mm) high measured vertically above the nosing of the tread or
above the finished floor of the landing or walking surfaces for existing handrails still in place and
in good condition, or may be continued at the height in effect in the code at the time of
construction. Guards shall not be less than the height prescribed by the code in effect at the time
of construction nor 36 inches (914 mm) in height above the floor of the landing, balcony, porch,
deck, or ramp or other walking surface. Replacement or new guardrails shall comply with the
codes for new construction.
Exception: Guards shall not be required where exempted by the adopted building code.
(e) Chapter 5 of the International Property Maintenance Code is adopted with the
following amendments:
Section 505 Water Systems
505.1 General shall read:
(h) Section 505 of the International Property Maintenance Code entitled “Water
Systems” is amended by amending Subsection 505.1 to read as follows:
505.1 General. Every sink, lavatory, bathtub and shower, drinking fountain, water closet or
other plumbing fixture shall be properly connected to either a public water system or to an
approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and
showers shall be supplied with hot or tempered and cold running water.
505.4 Water heating facilities shall read:
505.4 Water heating facilities. Water heating facilities shall be properly installed, maintained
and capable of providing an adequate amount of water to be drawn at every required sink,
lavatory, bathtub, shower and laundry facility at a temperature of not less than 110° F (43°C).
(f) Chapter 6 of the International Property Maintenance Code is adopted with the
following amendments:
Section 602 Heating Facilities
602.2 Residential occupancies shall read:
(i) Section 602 of the International Property Maintenance Code entitled “Heating
Facilities” is amended by amending Subsections 602.2, 602.3 and 602.4 to read as follows:
5
2012 Building Code
Updates and Amendments
602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of
maintaining a room temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet
rooms. Cooking appliances shall not be used to provide space heating to meet the requirements
of this section.
602.3 Heat supply shall read:
602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or
more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the
occupants thereof shall supply heat of not less than 68° F (20°C) in all habitable rooms,
bathrooms, and toilet rooms.
602.4 Occupiable work spaces shall read:
602.4 Occupiable work spaces. Indoor occupiable work space shall be supplied with heat of not
less than 65° F (18°C) during the period the spaces are occupied.
(j) Appendix A. Appendix A: Boarding Standard of the International Property
Maintenance Code is adopted in its entirety.
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.
PASSED by the City Council the___________ day of ____________________, 2013
_________________________________
GREG WHEELER, Council President
Approved this ________ day of ________________________, 2013
_________________________________
PATTY LENT, Mayor
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2012 Building Code
Updates and Amendments
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\2012 Building Code Updates and Amendments1 (2013).docx
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Public Hearing on Ordinance
No. ______ amending Title 18 of the BMC
adopting the 2012 changes to the
International Fire Code.
Study Session Date: June 12, 2013
COUNCIL MEETING Date: June 19, 2013
Department: Fire
Presenter: Captain Mike Six
Phone: 360-473-5386
SUMMARY: The proposed Ordinance amends the Bremerton Municipal Code to reflect the updates
provided for in the 2012 International Fire Code, and makes other housekeeping amendments to
reference the International Fire Code.
ATTACHMENTS: Proposed Ordinance No.______
FISCAL IMPACTS (Include Budgeted Amount): None
STUDY SESSION AGENDA: ☐ No Presentation ☒ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☒ Public Hearing
RECOMMENDED MOTION:
Move to pass Ordinance No. amending Title 18 of the Bremerton Municipal Code adopting
the 2012 changes to the International Fire Code.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/25/13
1
2012 International Fire Code Adoption
ORDINANCE NO. ________
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Chapter 18.02 of the
Bremerton Municipal Code entitled "City Fire Code" to adopt the
2012 edition of the International Fire Code, as amended by the
Washington State Building Code Council in Chapter 51-54 of the
Washington Administrative Code (“WAC”) and to incorporate
additional amendments.
WHEREAS, the City adopted the state International Fire Code as Chapter 18.02
of the Bremerton Municipal Code; and
WHEREAS, the International Fire Code has been updated with the publication of
the 2012 International Fire Code; and
WHEREAS, Chapter 18.02 of the Bremerton Municipal Code needs to be
amended to reflect the changes to the 2012 edition of the International Fire Code as well as to
incorporate additional amendments; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 18.02 of the Bremerton Municipal Code entitled "City Fire
Code" is hereby amended to read as follows:
Chapter 18.02
CITY FIRE CODE
18.02.010 PURPOSE.
The purpose of the City Fire Code is to prescribe regulations consistent with nationally
recognized good practice for safeguarding to a reasonable degree of protection the life and
property of our citizens from the hazards of fire and explosion arising from the storage, handling
and use of hazardous substances, materials and devices, and from conditions hazardous to life or
property in the use or occupancy of buildings or premises. It is understood the fire code and its
referenced documents are to provide a framework for the fire and life safety requirements to
protect the citizens and emergency responders from the predictable situations the codes regulate.
Therefore under no circumstance shall any space, occupancy or other location be allowed to be
occupied or otherwise utilized, whether temporarily or permanently, without the Fire fire Code
code Official’s official’s written authorization.
18.02.020 FIRE CODE - ADOPTED.
In accordance with Chapter 19.27 RCW, the International Fire Code, 2009 2012 Edition,
published by the International Code Council, Inc., together with any additions, deletions, and
exceptions currently enacted or as may be amended from time to time by the State of
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Washington through its Building Code Council pursuant to Chapter 51-54 of the Washington
Administrative Code ("WAC"), and International Fire Code, 2009 2012 Edition, Appendices B,
C, D, H, and Iand J, and as further amended in this chapter, is hereby adopted and incorporated
by this reference.
One (1) copy of the International Fire Code is on file with the City’s Fire fire Code code
Officialofficial.
18.02.030 CODE CONFLICTS.
To the extent allowed by RCW 19.27.040, if a conflict exists between the provisions of
the International Fire Code adopted and amended by the Washington State Building Code
Council and the provisions of this chapter, the Bremerton Municipal Code provisions shall
govern.
18.02.040 AMENDMENTS TO THE IFC - ADMINISTRATION.
(a) General Authority and Responsibilities - Retained Authority. Section 104 of the
International Fire Code, entitled "General Authority and Responsibilities," is amended by adding
the following new Subsection 104.1.1:
Sec. 104.1.1 Retained authority - Additional conditions. The fire code
official retains the authority to impose additional conditions where the
official determines it necessary to mitigate identified fire protection
impacts. These conditions may include, by way of example and without
limitation, increased setbacks, use of fire retardant materials, installation
of standpipes, smoke and heat vents, draft curtains, smoke control, fire
sprinkler and fire alarm systems, including temporary provisions and
without limitation such as fire watch, fire department standby, blocking of
roads and additional fire safety inspections.
(b) General Authority and Responsibilities - Lot Lines and Setback Lines. Section
104 of the International Fire Code, entitled "General Authority and Responsibilities," is amended
by adding the following new Subsection 104.12:
Sec. 104.12 Lot lines and setback lines. Notwithstanding the authority of
the fire code official to administer and enforce the fire code, the fire code
official shall have no duty to verify or establish lot lines or setback lines.
No such duty is created by this code and none shall be implied.
(c) Permits - Fees. Section 105 of the International Fire Code, entitled "Permits," is
amended by adding the following new Subsection 105.1.4:
Sec. 105.1.4 Fees. The fire code official shall prepare a resolution
establishing a schedule of fees, if any, for council consideration, which
fees shall include the cost involved in the processing, issuance, and
renewal of permits and certificates. Any fee schedule adopted by
resolution shall govern the fee amount to be assessed for any permit or
certificate and the fire code official shall collect those fees as a condition
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2012 International Fire Code Adoption
to issuance or renewal of any permit or certificate. Failure to pay for either
an original permit or the required renewal within 30 days of the date
notice is given, shall result in the City’s termination of the permit or
certificate application.
(d) Permits - Term. Section 105 of the International Fire Code, entitled "Permits," is
amended by adding the following new Subsections 105.1.4 and 105.3.6.1:
Sec. 105.1.45 Term. Permits and certificates issued in accordance with
this code shall be valid for a 126 month period and are renewable at the
end of that 126 month term.
Sec. 105.3.6.1 Unsafe Situations: Actions taken outside of the guidelines
contained within any permit required by section 105 of the IFC shall be
deemed unsafe and shall entitle the fire code official to immediately have
all utilities including but not limited to: electricity, water, sewer and gas
shut off or otherwise disconnected from the site. Utilities shall not be
restored without the conditions of all required permit(s) resolved.
(e) Board of Appeals. Section 108 of the International Fire Code, entitled "Board of
appeals," is amended by substituting Section 108 with the following:
Sec. 108 Board of appeals. The City of Bremerton hearings examiner is
designated as the board of appeals in order to hear and decide appeals of
orders, decisions, or determinations made by the fire code official relative
to the suitability of alternate materials, designs, and methods of
construction and appeals of the reasonable application of the Fire Code
and interpretation of the building and fire codes. Appeals shall be made as
set forth in section 18.02.190 200 of the Bremerton Municipal Code.
(f) Violation Penalties. Section 109 of the International Fire Code, entitled
"Violations," is amended by substituting Subsection 109.3 with the following:
Sec. 109.3 Violation penalties. Any person, company or corporation who
violates any provision of this code or fails to comply with any of its
requirements or who erects, constructs, alters, or repairs a building or
structure or building system in violation or inconsistent with of (a) the
approved construction documents, (b) a directive of the fire code official,
or (c) a permit or certificate issued under the provisions of this code, or
operates without such permit, shall be subject to penalties as set forth in
section 18.02.180 190 of the Bremerton Municipal Code or as otherwise
provided by law.
(g) General Definitions. Section 202 of the International Fire Code is amended to add
the following general definitions:
APWA is the American Public Works Association.
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AWWA is the American Water Works Association.
FIRE CODE OFFICIAL: The City of Bremerton Fire Marshal shall be
the formal administrator of the City Fire Code.
OCCUPANCY CLASSIFICATION RESIDENTIAL GROUP R.: R-2
shall also include Townhomes/Rowhouses.
PRIVATE HYDRANT is a fire hydrant situated and maintained to
provide water for firefighting purposes with restrictions as to use.
PUBLIC HYDRANT is a fire hydrant situated and maintained to provide
water for firefighting purposes without restrictions as to use for that
purpose and is accessible for immediate use at all times.
REMODEL is the building or buildings in question will have more than
50% of the gross square footage of fire area structurally remodeled,
improved and/or otherwise reconditioned or, two or more major building
systems improved or otherwise reconditioned within any 60 month time
period. Major building systems include but are not limited to: Water,
Sewer, Storm, or other plumbing, Electrical, HVAC, Foundation,
Structural members.
Exceptions. Maintenance, energy conservation and cosmetic
improvements which do not require a permit of any kind are not
considered structural remodels.
18.02.050 AMENDMENTS TO THE INTERNATIONAL FIRE CODE -
SECTION 311, VACANT PREMISES.
The following local amendments to Section 311 of the International Fire Code, entitled
"Fire Protection," are adopted and incorporated into the International Fire Code:
(a) Vacant Premises - Fire Protection Systems. Section 311 of the International Fire
Code, entitled "Vacant Premises," is amended by substituting Subsection 311.2.2 with the
following:
Sec. 311.2.2 Fire protection. Fire alarm, sprinkler, and standpipe systems
shall be maintained in an operable condition at all times.
Exception: If, in the opinion of the fire code official, the premises (a) has
been cleared of all combustible materials and debris, (b) is of the type of
construction with sufficient fire separation distance so as to not create a
fire hazard, (c) has been secured to prohibit entry by unauthorized persons,
and (d) has buildings that will not be heated, potentially exposing fire
protection systems to freezing temperatures, then the fire code official
may allow fire alarm and sprinkler systems to be placed out of service and
may allow standpipes to be maintained as dry systems (without an
automatic water supply).
18.02.055 AMENDMENTS TO THE INTERNATIONAL FIRE CODE -
CHAPTER 4, EMERGENCY PREPAREDNESS.
The following local amendments to Chapter 4 of the International Fire Code, entitled
"Emergency Planning and Preparedness," are hereby adopted:
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Sec. 401.9 Hardwired Telephones. All occupancies with hardwired
telephones, new and existing, when 911 is dialed shall correctly report the
address of the actual location dialed from.
18.02.060 AMENDMENTS TO THE INTERNATIONAL FIRE CODE -
CHAPTER 5, FIRE SERVICE FEATURES.
The following local amendments to Chapter 5 of the International Fire Code, entitled
"Fire Service Features," are adopted and incorporated into the International Fire Code:
(a) Fire Service Features - Fire Apparatus Access Roads. Section 503 of the
International Fire Code, entitled "Fire Apparatus Access Roads," is hereby adopted.
(b) Fire Apparatus Access Roads - Dimensions. Section 503 of the International Fire
Code, entitled "Fire Apparatus Access Roads," is amended by substituting Subsection 503.2.1
with the following:
Sec. 503.2.1 Dimensions. The following minimum dimensions shall apply
for fire apparatus access roads:
1. Fire apparatus access roads shall have an unobstructed width of not
less than 20 feet (6096 mm), except for approved security gates in
accordance with section 503.6 and Appendix D 103.5, and an
unobstructed vertical clearance of not less than 13 feet 6 inches (4115
mm).
2. In the immediate vicinity of any building or portion thereof in
excess of 28 feet in height, the fire apparatus access road shall have an
unobstructed width of not less than 26 feet (7924 mm) and an
unobstructed vertical clearance of not less than 13 feet 6 inches (4115
mm).
3. At least one of the required fire apparatus access roads shall be
located a minimum of 15 feet and a maximum of 25 feet from each
building on the premises and shall be positioned parallel to one entire side
of each building. The measurement for this requirement shall be taken
from the exterior wall of the building to the nearest edge of the fire
apparatus access road.
(c) Fire Apparatus Access Roads - Bridges and Elevated Surfaces. Section 503 of the
International Fire Code, entitled "Fire Apparatus Access Roads," is amended by substituting
Subsection 503.2.6 with the following:
Sec. 503.2.6 Bridges and elevated surfaces. Where a bridge or an
elevated surface is part of a fire apparatus access road or likely to be used
during emergency operations, including EMS, the bridge or elevated
surface shall be constructed and maintained in accordance with
specifications established by the fire code official and the City’s public
works director, or their designees; at a minimum, however, the bridge or
elevated surface shall be constructed and maintained in accordance with
AASHTO Standard Specifications for Highway Bridges. Bridges and
elevated surfaces shall be designed for a live load sufficient to carry the
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2012 International Fire Code Adoption
imposed loads of a 35 or more ton fire apparatus, the total imposed load to
be determined by the fire code official. Vehicle load limits shall be posted
at both entrances to bridges when required by the fire code official. Where
elevated surfaces designed for emergency vehicle use are adjacent to
surfaces which are not designed for that use, approved barriers or
approved signs, or both, shall be installed and maintained, if required by
the fire code official.
(d) Fire Apparatus Access Roads - Marking. Section 503 of the International Fire
Code, entitled "Fire Apparatus Access Roads," is amended by substituting Subsection 503.3 with
the following:
Sec. 503.3 Marking. Fire apparatus access roads shall be marked
whenever necessary to maintain the unobstructed minimum required width
of roadways. Subject to the fire code official’s prior written approval,
marked fire apparatus access roads, or "fire lanes" as defined in section
502.1 of the code, may be established or relocated at the time of plan
review, pre-construction site inspection, and/or post construction site
inspection as well as any time during the life of the occupancy. Only those
fire apparatus access roads established by the fire code official can utilize
red marking paint and the term "fire lane." Once a fire lane is established it
shall be maintained in a clean and legible condition at all times or
repair/replaced to maintain visibility. Fire lanes shall be marked as
directed by the fire code official with one or more of the following types
of marking:
503.3.1 Type 1. The following shall apply to Type 1 marking:
1. Curbs shall be identified by red traffic paint with a 6 inch wide
stripe on the top and front, extending the length of the designated fire lane.
2. Rolled curbs shall be identified by red traffic paint with a 6 inch
wide stripe on the curb, extending the length of the designated fire lane.
3. Lanes without curbs shall be identified by red traffic paint with a 6
inch wide stripe on the pavement, extending the length of the designated
fire lane.
4. The words "NO PARKING - FIRE LANE" shall be in 3 inch
stroke white letters 18 inches in height, and placed 8 inches measured
perpendicular from the red paint stripe on the pavement. In most cases,
both sides of the access road shall be marked. Where long drives are to be
marked, the repetitions shall alternate sides of the drive.
503.3.2 Type 2. The following shall apply to Type 2 marking:
1. In addition to the requirements for Type 1 marking, Type 2
marking shall also include the addition of metal signs stating "NO
PARKING - FIRE LANE" to be installed at intervals or locations
designated by the fire code official. The signs shall be approximately 12
inches in width and 18 inches in height and have red letters on a white
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background. Metal signs shall be installed on either 2 inch metal pipes, for
private property, or treated 4 inch by 4 inch wood posts, for public
property, and shall be located so that the bottom of the sign is a minimum
of 7 feet above the curb. Where fire lanes are adjacent to buildings or
structures and when approved or directed by the fire code official, the
signs may be placed on the face of the building or structure.
503.3.3 Type 3. The following shall apply to Type 3 marking:
1. Where directed by the fire code official, specific areas shall be
designated and those areas are to be marked with diagonal striping across
the width of the fire lane. Diagonal marking shall be used in conjunction
with painted curbs and/or edge striping and shall run at an angle of 30 to
60 degrees from one side to the other. These diagonal lines shall be in red
traffic paint, parallel with each other, at least 6 inches in width, and 24
inches apart. Lettering shall occur as with Type 1 marking.
503.3.4 Street or Road Signs. Street or road signs shall be provided for
all private and public roads. All private street and road signs shall be
designed and installed to meet public road sign standards as set by the City
of Bremerton Street Department; any expense shall be the responsibility of
the property owner. New street and road signs shall be posted within 30
days after receiving approval from the City of Bremerton Engineering
Department.
503.3.5 Alternate materials and methods. The fire code official may
modify, on a case-by-case basis, any of the marking provisions in this
subsection 503.3 where practical difficulties exist. Modification requests
shall be submitted in writing to the fire code official setting forth a
suggested alternative.
(e) Fire Apparatus Access Roads. Section 503 of the International Fire Code, entitled
"Fire Apparatus Access Roads," is amended by adding the following new Subsection 503.7:
503.7 Residential Driveway/Private Road Access and Sprinkler
RequirementsLimited Access – Fire Protection. In the event the number
of R division 3 or U occupancies exceeds two, the maximum number
allowed off a driveway/private road will be 9 if a residential fire sprinkler
system is installed in each new structure. All buildings and facilities not
accessible within 150 feet from an improved public road shall be equipped
with a fire sprinkler system in accordance with Section 903.3.1.1,
903.3.1.2 or 903.3.1.3 or an approved alternative means of fire protection.
(f) Access to Building Openings and Roofs - Required Access. Section 504 of the
International Fire Code, entitled "Access to Building Openings and Roofs," is amended by
substituting Subsection 504.1 with the following:
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Sec. 504.1 Required access. The following points of access must be
provided:
1. Exterior doors and openings required by this code or the
International Building Code shall be maintained readily accessible for
emergency access by the fire department.
2. Each tenant space provided with a secondary exit to the exterior or
exit corridor shall be provided with tenant identification by business name
and/or address. Letters and numbers shall be posted on the
corridor/exterior side of the door, be plainly legible, and shall contrast
with their background.
3. An approved access walkway shall be provided to connect fire
apparatus access roads to exterior openings.
4. All rescue windows shall be accessible by a 35-foot ground
extension ladder placed so that the inclination of the ladder does not
exceed 70 degrees. An area of discharge, 36 inches in all directions around
the base of the ladder, shall be provided. Ladders and associated areas of
discharge shall be located within the property lines.
5. All occupancies shall be required to provide approved life safety
rescue access, as defined in section 902 of this code.
6. The provisions of this subsection shall apply if the building or buildings
in question will have more than 50% of the gross square footage of the fire
area structurally remodeled, improved or otherwise reconditioned and/or
two or more major building systems improved or otherwise reconditioned
within any 60 month time period. Major building systems include but are
not limited to: water, sewer, storm, or other plumbing, electrical, HVAC,
foundation, and structural members.
Exceptions:
1. Group U occupancies.
2. Maintenance, energy conservation and cosmetic improvements which
do not require a permit of any kind are not considered structural remodels.
(g) Premises Identification. Section 505 of the International Fire Code, entitled
"Premises Identification," is amended by adding the following new Subsection 505.1.1:
505.1.1 Address numbers for Commercial Buildings. Address numbers
for commercial buildings shall be 12" and contrast with the background.
Individual unit/suite or space numbers or letter shall be 6" in size and
contrasting with the background and visible from the approach side or
angle.
Housing developments which contain 100 or more dwelling units which
alley ways are or may be used for access to dwelling units shall have 4"
minimum house numbers including street designation included. The street
designation may be a smaller size, but no less than 2" in size.
Example:
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(h) Fire Protection Water Supplies - Existing Non-conforming Hydrants. Section 507
of the International Fire Code, entitled "Fire Protection Water Supplies," is amended to add a
new Subsection 507.1.1 as follows:
Sec. 507.1.1 Existing non-conforming hydrants. At such time as an
existing hydrant, which does not conform to the requirements and
standards of this section, is replaced, it shall be replaced with a hydrant
that does conform to the standards and requirements of this section.
(ih) Fire Protection Water Supplies - Where Required. Section 507 of the International
Fire Code, entitled "Fire Protection Water Supplies," is amended by substituting Subsection
507.5.1 with the following:
Sec. 507.5.1 Where required. All buildings or structures shall be located
so that there is at least 1 hydrant within 150 feet, and no portion of the
building or structure is more than 300 feet from a hydrant, as measured by
an approved route.
Exceptions:
1. For Group R-3 and Group U occupancies the distance required
shall be 600 feet (183 m).
2. For buildings equipped throughout with an approved automatic
sprinkler system installed in accordance with section 903.3.1.1 or,
903.3.1.2, or other approved fire protection system, the distance
requirement shall be 600 feet (183 m).
(i) Fire Protection Water Supplies - Existing Non-conforming Hydrants. Section 507
of the International Fire Code, entitled "Fire Protection Water Supplies," is amended to add a
new Subsection 507.5.7 as follows:
Sec. 507.5.7 Existing non-conforming hydrants. At such time as an
existing hydrant, which does not conform to the requirements and
standards of this section, is replaced, it shall be replaced with a hydrant
that does conform to the standards and requirements of this section.
(j) Fire Protection Water Supplies - Installation Requirements. Section 507 of the
International Fire Code, entitled "Fire Protection Water Supplies," is amended by substituting
Subsection 507.5.7507.5.8 with the following:
Sec. 507.5.78 Installation requirements. All fire hydrants shall be
installed in accordance with the specifications established by the fire code
official and the Director of Public Works and Utilities, or his or her
designee, or at a minimum, in accordance with the currently adopted
NFPA, APWA, or AWWA standards. In addition, unless modified by
written decision of the fire code official, the following requirements shall
apply to all building construction projects:
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1. All fire hydrant piping, valves, and related appurtenances shall be
approved by the City’s public works department.
2. The fire hydrant installation and its attendant water system
connection shall conform to the City’s specifications and design and
construction standards.
3. An auxiliary gate valve shall be installed at the main line tee to
permit the repair and replacement of the hydrant without disruption of
water service.
4. All hydrants shall be plumb, plus or minus 3 degrees, to be set to
finished grade with the bottom flange 2 inches above the ground or curb
grade and have no less than 36 inches in diameter of clear area around the
hydrant for the clearance of hydrant wrenches on both outlets and the
operating nut.
5. The largest port shall face the most likely direction of approach
and location of the fire apparatus while pumping as determined by the fire
code official. Distance from the pumper port to the street curb shall be no
further than 10 feet.
6. The lead from the service main to the hydrant shall be no less than
6 inches in diameter. Any hydrant leads over 50 feet in length from the
water main to hydrant shall be no less than 8 inches in diameter.
7. All hydrants installed in single family residential areas shall be
supplied by not less than 6 inch mains and shall be capable of delivering
1,000 gpm fire flow over and above average maximum demands at the
farthest point of the installation except with fire code official approval and
the home is installed with a fire sprinkler system in accordance with this
code.
8. All hydrants shall have at least 5 inch minimum valve openings,
"O" ring stem seal, two 2-1/2 inch national standard thread hose ports, one
4-1/2 inch steamer port with national standard threads or otherwise
determined by the fire code official. In addition, all hydrants shall meet
AWWA standards for public hydrants and be of a type approved for use in
the City by the City’s public works department. In addition, all hydrants
shall be equipped with a 5 inch Storz adapter on the steamer port and,
when required by the fire code official, locking Storz caps.
9. All pipe shall meet the City standards as determined by the public
works department. Piping located entirely within private property and
maintained by the property owner shall meet the requirements and be
approved by the fire code official. The fire code official may approve any
piping material that has been tested and approved by a nationally
recognized testing laboratory.
10. The maximum distance between hydrants in single family use
district zones shall be 600 feet.
11. The maximum distance between hydrants in commercial,
industrial, and apartment (including duplex) use zones shall be 300 feet.
12. Lateral spacing of hydrants shall be predicated on hydrants being
located at street intersections.
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13. The appropriate water authority and the fire department shall be
notified in writing of the anticipated date the hydrant installation and its
attendant water connection system will be available for use.
14. All hydrants shall meet City of Bremerton Hydrant Identification
standards as established by the fire code official.
(k) Fire Protection Water Supplies - Notification. Section 507 of the International
Fire Code, entitled "Fire Protection Water Supplies," is amended by adding a new Subsection
507.6 as follows:
Sec. 507.6 Notification. The owner of property on which private hydrants
are located and the public agencies that own or control public hydrants
must provide the fire code official with the following written service
notifications:
Sec. 507.6.1 In-service notification. The fire code official shall be
notified when any newly installed hydrant or main is placed into service.
Sec. 507.6.2 Out-of-service notification. Where any hydrant is out of
service or has not yet been placed in service, the hydrant shall be
identified as being out of service and shall be appropriately marked as out
of service, by a method approved by the fire code official.
(l) Fire Protection Water Supplies - Dead-End Mains Prohibited. Section 507 of the
International Fire Code, entitled "Fire Protection Water Supplies," is amended by adding a new
Subsection 507.7 as follows:
Sec. 507.7 Dead-end mains prohibited. When appropriate, all water
mains in any project shall be looped.
(m) Fire Protection Water Supplies - Building Permit Requirements. Section 507 of
the International Fire Code, entitled "Fire Protection Water Supplies," is amended by adding a
new Subsection 507.8 as follows:
Sec. 507.8 Building permit requirements. No building permit shall be
issued until all plans required by this section have been submitted and
approved in accordance with the provisions of this section. No
combustible construction beyond the foundation shall be allowedpermitted
until all hydrants and mains required by this section are in place and
approved.
(n) Fire Department Access to Equipment - Identification. Section 509 of the
International Fire Code, entitled "Fire Department Access to Equipment," is amended by
substituting Subsection 509.1 with the following:
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Sec. 509.1 Identification. The following identification requirements shall
apply to access to equipment.
1. Fire protection equipment and fire hydrants shall be clearly
identified in an approved manner to prevent parking and/or other
obstructions.
2. Entrances to rooms containing controls for air-conditioning
systems, sprinkler risers and valves, or other fire detection, suppression, or
control elements shall be identified for the use of the fire department.
3. Approved signs are required to identify fire protection equipment
and equipment location. Signs shall be constructed of durable materials,
permanently installed, and readily visible.
4. All fire department connections shall have a sign approved by the
fire code official. The sign shall specify the type of water-based fire
protection system it serves and the building areas served.
5. All main control valves and sectional valves for water-based fire
protection systems shall have a sign specifying what the valves control.
6. All sprinklers and standpipe risers shall have signs to indicate
which type of water-based fire protection system is being used.
18.02.065 ADOPTION OF SUBSECTION 605.11 OF THE INTERNATIONAL
FIRE CODE.
Subsection 605.11 of the International Fire Code entitled “Solar Photovoltaic Power
Systems” is hereby adopted in its entirety and incorporated into this Chapter.
18.02.070 AMENDMENTS TO THE INTERNATIONAL FIRE CODE -
SECTION 901, GENERAL.
The following local amendments to Section 901 of the International Fire Code, entitled
"General," are adopted and incorporated into the International Fire Code:
(a) Fire Protection Systems - Scope. Section 901 of the International Fire Code,
entitled "General," is amended by substituting Subsection 901.1 with the following:
Sec. 901.1 Scope. The provisions of this chapter shall apply to all
occupancies and buildings, shall specify where fire protection systems are
required, and shall apply to the design, installation, inspection, operation,
testing, and maintenance of all fire protection systems; however, nothing
contained in this chapter shall diminish or reduce the requirements of any
duly adopted building codes, including state and local amendments, or
other City ordinances, resolutions, or regulations. In the event of any
conflict in requirements among these codes, ordinances, resolutions, or
regulations, the more stringent provision shall apply.
(b) Fire Protection Systems - Alterations, Repairs, and Additions. Section 901 of the
International Fire Code, entitled "General," is amended by adding a new Subsection
901.1.1901.4.2.1 as follows:
Sec. 901.1.1 Alterations, repairs, and additions. The provisions of this
subsection shall apply if, the building or buildings in question will have
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more than 50% of the gross square footage of fire area structurally
remodeled, improved and/or otherwise reconditioned or, two or more
major building systems improved or otherwise reconditioned within any
60 month time period. Major building systems include but are not limited
to: Water, Sewer, Storm, or other plumbing, Electrical, HVAC,
Foundation, and Structural members. Additions to an existing structure
shall be considered new construction and subject to the provisions of this
section. If additions to an existing structure cause a building to meet the
area, number of floor levels, or units that would subject a new building to
the requirements of this section, the entire building will then be required to
comply with this section.
Exceptions. Maintenance, energy conservation and cosmetic
improvements which do not require a permit of any kind are not
considered structural remodels.
(c) Buildings Vacant for One (1) Year or More. Section 901 of the International Fire
Code, entitled, "General," is amended by adding a new Subsection 901.1.2 as follows:
Sec. 901.1.2 Buildings vacant for one year or more. Buildings,
structures or significant portions thereof vacant for one year or more shall
be brought up to current code regarding fire protection systems, prior to
issuing occupancy.
901.4.2.1 Fire Alarm Systems no longer required by the Fire Code or any
other applicable code or that were not installed as an alternative method to
other code provisions may, after the written approval of the Fire Marshal,
maybe discontinued and removed. The removal of the system shall be
pursuant to the regulations of Washington State Department of Labor and
Industries Electrical Division as applicable, but as a minimum shall
require the removal of visible wiring, fire alarm panels and other related
visible devices. The Fire Alarm System may be maintained as a local
system rather than be removed. Fire alarm systems that remain in service,
either monitored or local, shall be inspected, maintained and tested per the
International Fire Code, NFPA 72 and this code.
(d) Fire Protection Systems - Standards. Section 901 of the International Fire Code, entitled
"General," is amended by substituting Subsection 901.6.1 and Table 901.6.1 with the following:
Sec. 901.6.1 Standards. Fire protection systems shall be reviewed, installed, inspected, tested,
and maintained in accordance with the National Fire Protection Association ("NFPA") standards
listed in Table 901.6.1 below.
Table 901.6.1
FIRE PROTECTION SYSTEM
MAINTENANCE STANDARDS
SYSTEM STANDARD
Carbon dioxide fire-
extinguishing systems
NFPA 12
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Clean agent fire-
extinguishing systems
NFPA 2001
Dry chemical fire-
extinguishing systems
NFPA 17
Emergency power
systems
NFPA 110 &
NFPA 111
Fire alarm systems NFPA 72
Fire doors NFPA 80
Foam fire-extinguishing
systems
NFPA 11
Halogenated fire-
extinguishing systems
NFPA 12A
Smoke-control systems NFPA 92A
Underground fire lines
and hydrants
NFPA 25
Water-based fire
protection systems
NFPA 25
Water-mist systems NFPA 750
Wet chemical fire-
extinguishing systems
NFPA 17A
(e) (c) Fire Protection Systems - Records. Section 901 of the International Fire Code,
entitled "General," is amended by substituting Subsection 901.6.2 with the following:
Sec. 901.6.2 Records. Records of all system inspections, tests, and
maintenance required by the referenced standards shall be maintained on
the premises for a minimum of 3 years. A copy of each inspection, test, or
maintenance record shall be forwarded to the fire code official, by an
approved method of delivery, within 30 seven (7) calendar days of the
date the inspection, test, or maintenance occurred. All fire protection
systems taken off line or out of service, and subsequently returned to
service shall be reported to the Fire Marshal’s office by an approved
method of delivery.
A copy of all system inspections shall be maintained in a three-ring binder
or other folder type cover and located at the fire alarm main panel or other
approved location.
(f) (d) Fire Protection Systems - Definitions. Section 902 of the International Fire Code,
entitled "Definitions," is amended by adding the following definitions:
FIRE AREA. The total area from all floors enclosed by the outermost
exterior walls commonly understood to be the perimeter of the building.
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When a building or structure has an outdoor courtyard or garden, without
an exit to a public way, this area shall be included in the fire area.
FIRE FLOW. A measure of the sustained flow of available water for
firefighting at a specific building or within a specific area at 20 pounds-
per-square-inch residual pressure.
FIRE WALL. An approved wall of not less than 4 hour fire-resistive
construction with no openings, which extends vertically from the
foundation to terminate in a parapet not less than 30 inches above the roof,
and which extends horizontally to the furthest projection of any portion of
the building or to a point 30 inches beyond the intersecting exterior wall,
whichever is furthest. As an alternative to the horizontal requirements,
such fire wall may be extended a minimum of 30 inches along both sides
of the intersecting exterior wall, provided there are no projections beyond
the intersecting exterior wall.
LIFE SAFETY RESCUE ACCESS. Unobstructed access to all floor
levels and each roof level of a building on not less than 20 percent of the
building perimeter by utilizing a 35 foot ladder. An alternate method
would be at least 1 stairway enclosure with exit doorways from each floor
level and with a door opening onto each roof level which conforms to the
requirements of the International Building Code.
18.02.080 AMENDMENTS TO THE INTERNATIONAL FIRE CODE -
SECTION 903, AUTOMATIC SPRINKLER SYSTEMS.
The following local amendments to Section 903 of the International Fire Code, entitled
"Automatic Sprinkler Systems," are adopted and incorporated into the International Fire Code:
(a) Automatic Sprinkler Systems - Where Required. Section 903 of the International
Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.2
with the following:
Sec. 903.2 Where required. Approved fire sprinkler systems shall be
installed throughout buildings and structures as follows:
1. In all new buildings and structures without adequate fire flow as
required by this code.
Exception: Group U Occupancies and rebuilds existing to Group R3 as
defined in the International Residential Code.
2. All new or remodeled buildings and structures with a gross floor
area of 10,000 or more square feet (929 m2), or where this code provides a
more restrictive floor area requirement, and shall be provided in all
locations or where described by this code.
Exception: Spaces or areas in telecommunications buildings used
exclusively for telecommunications equipment, associated electrical
power distribution equipment, batteries, and standby engines, provided
those spaces or areas are equipped throughout with an automatic fire alarm
system and are separated from the remainder of the building by a wall
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with a fire-resistance rating of not less than 1 hour and a floor/ceiling
assembly with a fire-resistance rating of not less than 2 hours.
3. Where this code requires the installation of an automatic sprinkler
system to protect an occupancy within an otherwise non-sprinkled
building, then automatic sprinkler protections will be required throughout
the entire building unless otherwise authorized by the fire code official
and building official.
4. Only 4 hour area separation walls without openings shall constitute
separate buildings to allow for a fire sprinkler exemption. When this
exemption is utilized, the separation wall must separate occupancy types
by different ownership or tax parcels.
(b) Automatic Sprinkler Systems - Where Required. Section 903 of the International
Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection
903.2.1 with the following:
Sec. 903.2.1 Group A. An automatic sprinkler system shall be provided
throughout buildings and portions thereof used as Group A occupancies as
provided in this section. For Group A-1, A-2, A-3, and A-4 occupancies,
the automatic sprinkler system shall be provided throughout the entire
building. For Group A-5 occupancies, the automatic sprinkler system shall
be provided in the spaces indicated in 903.2.1.5.
(c) Automatic Sprinkler Systems - Where Required. Section 903 of the International
Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection
903.2.1.1 with the following:
Sec. 903.2.1.1 Group A-1. An automatic sprinkler system shall be
provided for Group A-1 occupancies where one of the following
conditions exists:
1. The gross fire area of the building exceeds 10,000 square feet.
2. The fire area has an occupant load of 300 or more.
3. The fire area is located on a floor other than the level of exit
discharge.
4. The fire area contains a multi-theater complex.
5. Dance halls where the total gross floor area exceeds 5,000 square
feet (465 m2).
(d) Automatic Sprinkler Systems - Where Required. Section 903 of the International
Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection
903.2.1.2 with the following:
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Sec. 903.2.1.2 Group A-2. An automatic sprinkler system shall be
provided for Group A-2 occupancies where one of the following
conditions exists:
1. The fire area of the building exceeds 5,000 square feet.
2. The fire area has an occupant load of 100 or more.
3. The fire area is located on a floor other than the level of exit
discharge.
(e) Automatic Sprinkler Systems - Where Required. Section 903 of the International
Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection
903.2.1.3 with the following:
Sec. 903.2.1.3 Group A-3. An automatic sprinkler system shall be
provided for Group A-3 occupancies where one of the following
conditions exists:
1. The fire area of the building exceeds 10,000 square feet.
2. The fire area has an occupant load of 300 or more.
3. The fire area is located on a floor other than the level of exit
discharge.
Exception: Areas used exclusively as participant sports arena areas where
the main floor area is located at the same level as the level of exit
discharge of the main entrance and exit.
(f) Automatic Sprinkler Systems - Where Required. Section 903 of the International
Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection
903.2.1.4 with the following:
Sec. 903.2.1.4 Group A-4. An automatic sprinkler system shall be
provided for Group A-4 occupancies where one of the following
conditions exists:
1. The fire area of the building exceeds 10,000 square feet.
2. The fire area has an occupant load of 300 or more.
3. The fire area is located on a floor other than the level of exit
discharge.
Exception: Areas used exclusively as participant sports arena areas where
the main floor area is located at the same level as the level of exit
discharge of the main entrance and exit.
(g) Automatic Sprinkler Systems - Where Required. Section 903 of the International
Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection
903.2.2, Group B ambulatory health care facilities, with the following:
Sec 903.2.2 Group B ambulatory health care facilities. An automatic
fire sprinkler system shall be installed throughout all buildings containing
a Group B occupancy used for ambulatory health care facilities.
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(hg) Automatic Sprinkler Systems - Where Required. Section 903 of the International
Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection
903.2.3, Group E, with the following:
Sec. 903.2.3 Group E. An automatic sprinkler system shall be provided
for Group E occupancies as follows:
1. Throughout all buildings with a group E fire area.
2. Portable school classrooms, provided aggregate areas of clusters of
portable school classrooms does not exceed 5,000 square feet (465 m2);
and clusters of portable school classrooms shall be separated as required in
Chapter 5 of the building code.
The provisions of this subsection shall apply if the building or buildings
in question will have more than 50% of the gross square footage of the fire
area structurally remodeled, improved or otherwise reconditioned and/or
two or more major building systems improved or otherwise reconditioned
within any 60 month time period. Major building systems include but are
not limited to: Water, Sewer, Storm, or other plumbing, Electrical, HVAC,
Foundation, and Structural members. In the case of additions, only 4 hour
area separation walls shall define separate buildings regarding sprinkler
requirements.
Exceptions:
1. Maintenance, energy conservation and cosmetic improvements not
requiring a permit are not considered structural remodels.
(ih) Automatic Sprinkler Systems - Where Required. Section 903 of the International
Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection
903.2.4, Group F-1, with the following:
Sec. 903.2.4 Group F-1: An automatic sprinkler system shall be provided
throughout all buildings containing a Group F occupancy where one of the
following conditions exists:
1. Where the fire area of the building exceeds 10,000 square feet; or
2. Where a Group F-1 fire area is located more than three stories
above grade.
(ji) Automatic Sprinkler Systems - Where Required. Section 903 of the International
Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection
903.2.7 with the following:
Sec. 903.2.7 Group M. An automatic sprinkler system shall be provided
throughout all buildings containing a Group M occupancy where one of
the following conditions exists:
1. Where the fire area of the building exceeds 10,000 square feet; or
2. Where a Group M fire area is located more than three stories above
grade.
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2012 International Fire Code Adoption
(kj) Automatic Sprinkler Systems - Where Required. Section 903 of the International
Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection
903.2.8 with the following:
Sec. 903.2.8 Group R. An automatic sprinkler system installed in
accordance with Section 9.03.3 shall be provided throughout all buildings
with a Group R fire area.
Sec. 903.2.8.1 Existing Group R-1 and R-2 buildings shall install a full
fire sprinkler system when any one of the following occurs:
(1) A fire occurs which migrates from the unit of origin to involve a
neighboring unit.
(2) Two or more separate fires occur, which require a fire department
response, in the same complex within a two year span.
Sec. 903.2.8.2 Sprinkler heads in kitchens shall be installed (on the
ceiling) with at least one sprinkler head no more than 4 feet out from the
front of the stove top.
Sec. 903.2.8.3 All normally habitable spaces shall be covered regardless of
size.
(lk) Automatic Sprinkler Systems - Where Required. Section 903 of the International
Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection
903.2.9 with the following:
Sec. 903.2.9 Group S-1. An automatic sprinkler system shall be provided
throughout all buildings containing a Group S-1 occupancy where one of
the following conditions exists:
1. Where the fire area of the building exceeds 10,000 square feet; or
2. Where a Group S-1 fire area is located more than three stories
above grade.
(ml) Automatic Sprinkler Systems - Speculative Use Warehouses. Section 903 of the
International Fire Code, entitled "Automatic Sprinkler Systems," is amended by adding the
following new Subsection 903.2.9.3:
Sec. 903.2.9.3. Speculative use warehouses. Where the occupant, tenant,
or use of the building or storage commodity has not been determined or it
is otherwise a speculative use warehouse or building, the automatic
sprinkler system shall be designed and installed in accordance with the
following:
1. The design area shall be not less than 5,600 square feet (520 m2).
2. The density shall be not less than that for class IV non-
encapsulated commodities on wood pallets, with no solid, slatted, or wire
mesh shelving, and with aisles that are 8 feet or more in width and up to
20 feet in height.
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3. Sprinkler piping that is 4 inches and larger in width shall be used
and the structural engineer of record shall provide written verification
approving of the point and dead loads.
(nm) Automatic Sprinkler Systems. Section 903 of the International Fire Code, entitled
"Automatic Sprinkler Systems," is amended by substituting Subsection 903.3.1.1.1 with the
following:
Sec. 903.3.1.1.1 Exempt locations. When approved by the Fire Code
Official, automatic sprinklers shall may not be required in the following
rooms or areas where such rooms or areas are protected with an approved
automatic fire detection system in accordance with Section 907.2 that will
respond to visible or invisible particles of combustion. Sprinklers shall not
be omitted from any room merely because it is damp, of fire-resistance
rated construction, or contains electrical equipment.
1. Any room where the application of water, or flame and water,
constitutes a serious life or fire hazard.
2. Any room or space where sprinklers are considered undesirable
because of the nature of the contents, when approved by the fire code
official.
3. Generator and transformer rooms separated from the remainder of
the building by walls and floor/ceiling or roof/ceiling assemblies having a
fire-resistance rating of not less than 2 hours.
4. In rooms or areas that are of noncombustible construction with
wholly noncombustible contents.
(on) Automatic Sprinkler Systems. Section 903 of the International Fire Code, entitled
"Automatic Sprinkler Systems," is amended by substituting Subsection 903.3.1.2.1 with the
following:
Sec. 903.3.1.2.1 Balconies and decks. Sprinkler protection shall be
provided for exterior balconies, decks and ground floor patios of dwelling
units.
(o) Automatic Sprinkler Systems. Section 903 of the International Fire Code,
entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.3.1.3
with the following:
Sec. 903.3.1.3 NFPA 13D Sprinkler Systems. The design of NFPA 13D
fire sprinkler systems shall be limited to the flow through options listed in
NFPA 13D. It is generally understood the flow-through systems be
interconnected with the domestic plumbing system, sized accordingly, to
provide adequate turnover of potable water as well as the minimum
required density required by that of NFPA 13D.
Sec 903.3.1.3.1 Design. In addition to the general design/coverage of the
NFPA 13D fire sprinkler system a single sidewall, or other approved
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design, shall be installed above the man door between the habitable space
and the attached garage. When the garage also contains a fuel fired
appliance, the sidewall head, if within the listed spacing, will be adequate
coverage for that appliance. All habitable spaces are to be covered,
including bathrooms and other spaces with the potential to be occupied.
All spaces in excess of 10 square feet shall be provided with sprinkler
coverage.
(p) Automatic Sprinkler Systems - Installation Requirements. Section 903 of the
International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting
Subsection 903.3.7 with the following:
Sec. 903.3.7 Fire department connection locations. All fire department
connection locations (F.D.C.’s) to automatic sprinklers and/or standpipe
systems shall be located not less than 3 feet, nor more than 10 feet from
the finished edge of an approved fire apparatus access road. F.D.C.’s shall
not be located more than 50 feet from a fire hydrant. F.D.C.’s and F.D.C.’s
serving sprinkler systems shall not be located on the wall of a building,
unless approved by the fire code official. F.D.C.’s serving class 1 or 3
standpipe systems may be located on walls, provided such walls are of fire
resistive or noncombustible construction.
Exception: F.D.C.’s that are not able to be located away from a wall due
to physical restrictions may be located in an area approved by the fire code
official. F.D.C.’s shall be installed/located at the front of the building not
less than 18 inches nor more than 36 inches above the finished grade of an
approved fire apparatus access road. F.D.C.’s shall not be obstructed by
vehicle parking, carports, garages, refuse storage containers, fences,
landscaping or other obscuring features. F.D.C.’s shall be provided with
tight fitting threaded caps or Knox type lockable caps.
(q) Automatic Sprinkler Systems - Alarms. Section 903 of the International Fire
Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.4.2
with the following:
Sec. 903.4.2 Alarms - Exterior notification. Approved audible alarm
devices shall be connected to every automatic sprinkler system. Such
sprinkler water-flow alarm devices shall be activated by water flow
equivalent to the flow of a single sprinkler of the smallest orifice size
installed in the system. Alarm devices shall be water-motor gong or
approved electric bell which operates with water flow and operated and
shall be provided on the exterior of the building in an approved location at
each riser or riser group.
Exception: NFPA 13D and NFPA 13R sprinkler systems may utilize an
electrically operated alarm bell on the exterior of the building in an
approved location at each riser or riser group, provided that the electrically
operated alarm bell cannot be silenced during water flow.
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903.4.2.1 Alarms - Interior notification. Actuation of the automatic
sprinkler system shall actuate interior audible/visual notification
appliances as outlined in NFPA 72 at all exits from all floors or where a
fire alarm system is installed. The fire alarm system notification circuits
shall provide the interior notification. When a structure exceeds one floor,
a flow switch shall be provided for each floor. A flow alarm shall be
identified by floor.
Exception: NFPA 13D sprinkler systems do not require interior
audible/visual notification appliances, except if a fire alarm system is
installed, then the fire alarm system notification circuits shall provide the
interior notification.
(r) Automatic Sprinkler Systems. Section 903 of the International Fire Code, entitled
"Automatic Sprinkler Systems," is amended by substituting Subsection 903.4.3 with the
following:
Sec. 903.4.3 Floor control valves. Approved supervised indicating
control valves shall be provided at the point of connection to the riser on
each floor on buildings/structures four (4) or more stories in height or 30
feet measured to the floor level.
18.02.090 AMENDMENTS TO THE INTERNATIONAL FIRE CODE -
SECTION 907, FIRE ALARM AND DETECTION SYSTEMS.
The following local amendments to Section 907 of the International Fire Code, entitled
"Fire Alarm and Detection Systems," are adopted and incorporated into the International Fire
Code:
(a) Fire Alarm and Detection Systems - General. Section 907 of the International Fire
Code, entitled "Fire Alarm and Detection Systems," is amended to add the following to
Subsection 907.1.2:
Sec. 907.1.2 Fire Alarm Shop Drawings.
14. A Bremerton Fire department Department submittal checklist.
15. A copy of the device/zone map.
16. All Fire fire alarm system sdrawings which contain 25 or more
SLC/NAC devices combined, shall be submitted on no less than
11x1736”x24” sized drawings and 1/8"=1' to an approved scale with a
digital copy of the design in DWG, DWF or other approved format. (PDFs
are not acceptable.)PDF format.
(b) Fire Alarm and Detection Systems - Where Required. Section 907 of the
International Fire Code, entitled "Fire Alarm and Detection Systems," is amended by substituting
to add the following Subsection 907.21.3 with the followingas follows:
Sec. 907.21.3 Where required. All new and remodeled occupancies
where the fire area exceeds 4,000 square feet, an approved manual and
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automatic fire alarm system shall be provided. Approved addressable fire
alarm systems will be required in all buildings having 10 or more fire
alarm system devices. Where automatic sprinkler protection installed in
accordance with Section 903.3.1.1 or 903.3.1.2 is provided and connected
to the fire alarm system, automatic heat detection requirements of this
section may be modified upon specific approval by the fire code official.
Exceptions:
1. Group U Occupancies.
2. Occupancies protected throughout by an approved/monitored automatic
sprinkler system can delete heat detectors from the system.
3. One and two family residences.
4. Those buildings that require 10 or less fire alarm devices pursuant to
907.2.
In all remodels of existing non-sprinkled buildings over 4,000 square feet
gross floor area, when the value of any remodel work exceeds 50 percent
of the building’s assessed valuation.
In any non-sprinkled existing building over 4,000 square feet gross floor
area when a change in occupancy use classification occurs.
Smoke detection shall be placed in:
1. Hallways, corridors, exit passages and all other primary egress
components.
2. Above the fire alarm panel and all annunciator panels.
3. Rooms, assembly areas or other spaces which exceed 400 square feet.
Heat detection shall be placed in all areas not covered by smoke detection.
Exception: Buildings equipped with a fire sprinkler system.
All fire alarm systems shall be addressable.
A fully functional annunciator panel shall be placed at the main
entrance(s) and fire sprinkler room(s).
Graphic annunciators shall be utilized in all high-rises and schools.
Shielded fire alarm cable shall be utilized as required by the fire code
official.
Prescriptive smoke detector placement shall utilize Table 5.6.5.5.1 from
NFPA 72 2002 edition when ceiling heights exceed 10'. Prescriptive
smoke detector placement of spot detectors shall not exceed 30' in height.
Beam detectors shall be utilized in complex designs and ceilings in excess
of 30'.
(c) Fire Alarm and Detection Systems - Retroactive R-2 Visible Notification. Section
907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended to
add Subsection 907.10 as follows:
Sec. 907.10 Retroactive R-2 visible notification. At the request of the
tenant, the building owner shall replace an existing audible device to an
audible/visible device to assist hearing impaired tenants. Building owners
are not required to otherwise change or modify fire alarm systems if due to
design or device placement this option is not feasible.
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(d) Fire Alarm and Detection Systems - Duct Smoke Detectors. Section 907 of the
International Fire Code, entitled "Fire Alarm and Detection Systems," is amended to repeal
Exception 1 in Subsection 907.4.1. The amended Subsection 907.4.1 reads as follows:
Sec. 907.4.1 Duct smoke detectors. Duct smoke detectors shall be
connected to the building’s fire alarm control panel when a fire alarm
system is provided. Activation of a duct smoke detector shall initiate a
visible and audible supervisory signal at a constantly attended location.
Duct smoke detectors shall not be used as a substitute for required open
area detection.
Exception: In occupancies not required to be equipped with a fire alarm
system, actuation of a smoke detector shall activate a visible and an
audible signal in an approved location. Smoke detector trouble conditions
shall activate a visible or audible signal in an approved location and shall
be identified as air duct detector trouble.
(e) Fire Alarm and Detection Systems - Monitoring. Section 907 of the International
Fire Code, entitled "Fire Alarm and Detection Systems," is amended by substituting Subsection
907.5 with the following:
Sec. 907.5 Monitoring. Where fire alarm systems are required by this
chapter or by the International Building Code, a U.L.-listed central
monitoring station in accordance with NFPA 72 shall monitor fire alarm
systems.
Exception: Supervisory service is not required for:
1. Single- and multiple-station smoke alarms required by Section
907.2.10.
2. Smoke detectors in Group I-3 occupancies.
3. Automatic sprinkler systems in one- and two-family dwellings.
4. Those existing R-1 and R-2 occupancies that are addressed by
section 18.03.120(a) of the Bremerton Municipal Code.
(f) Fire Alarm and Detection Systems - Testing Prerequisites. Section 907 of the
International Fire Code, entitled "Fire Alarm and Detection Systems," is amended by adding a
new Subsection 907.9.1:
Sec. 907.9.1 Testing Prerequisites. Upon completion of the installation
or alteration, a satisfactory test of the entire system and its functions shall
be made in the presence of the fire code official within two weeks of
completion of installation. Prior to the acceptance test, written
documentation shall be provided to the fire department certifying that the
system has been installed and pre-tested in accordance with the approved
plans and specifications.
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(g) Fire Alarm and Detection Systems - Location/Security. Section 907 of the
International Fire Code, entitled "Fire Alarm and Detection Systems," is amended by adding a
new Subsection 907.11:
Sec. 907.11. Location/Security. The control unit, remote annunciator,
alarm panel, and access keys to locked fire alarm equipment shall be
installed and maintained in a location approved by the fire code official.
All occupancies equipped with a fire sprinkler or alarm system shall install
a key safe below an exterior horn strobe and near the access to the remote
annunciator or main entrance. Alarm panel access keys and building
access keys or master keys shall be provided and kept in an on-site wall
mounted entry key safe provided by the building owner and shall meet
specifications of the fire code official.
(h) Fire Alarm and Detection Systems - Monitoring. Section 907 of the International
Fire Code, entitled "Fire Alarm and Detection Systems," is amended by adding new Subsections
907.12, 907.13, 907.14, 907.15 and 907.16:
Sec. 907.12. Instructions. Written operating instructions for the fire alarm
system shall be provided and kept in an on-site wall mounted entry key
safe provided by the building owner and shall meet specifications of fire
code official. All alarm systems shall be capable of being silenced without
having to be reset. Alarm panels that require a reset code to silence or
reset the system shall be programmed with a fire department reset code
that is approved by the fire code official.
Sec. 907.13. Designer Qualifications. Persons who design fire alarm
systems shall be either a fire protection engineer registered by the State of
Washington or NICET III and current with all continuing education and
training required by NICET. The designer must be NICET II by July 1,
2008 and NICET III by January 1, 2009.
Sec. 907.14. Installation Requirements. During the course of a fire alarm
installation, including all subsequent modifications and annual testing, a
NICET level II technician in fire alarms shall personally conduct all
programming and testing.
Sec. 907.15. Existing Fire Alarm Systems. All existing fire alarm
systems are subject to the provisions of 907.14.
Sec. 907.16. Violations. Violations of section 907.14 and 907.15
constitutes a mandatory $1000 violation per occurrence. Each day
constitutes a separate and distinct violation. Any three violations of this
provision immediately revokes the affected fire alarm company’s City of
Bremerton business license and prohibits re-application for a period of not
less than three years.
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18.02.095100 AMENDMENTS TO THE INTERNATIONAL FIRE CODE -
SECTION 913, FIRE PUMPS.
The following local amendment to Section 913 of the International Fire Code, entitled
"Fire Pumps," is adopted and incorporated into the International Fire Code:
(a) Fire Pumps. Section 913 of the International Fire Code is amended by adding a
new Subsection 913.2.1:
Sec. 913.2.1 Fire pumps utilizing electric drivers shall provide a back-up
power supply.
Exception: In F and S occupancies when the normal occupant load does
not exceed 15, the occupancy would normally be vacated during power
outages and with the fire code official’s approval.
18.02.100 AMENDMENTS TO THE INTERNATIONAL FIRE CODE -
CHAPTER 1433, FIRE SAFETY DURING CONSTRUCTION AND DEMOLITION.
The following local amendment to Chapter 1433 of the International Fire Code, entitled
"Fire Safety During Construction and Demolition," is hereby adopted and incorporated into the
International Fire Code as if fully set forth therein:
(a) Water Supply for Fire Protection - When Required. Section 14123312 of the
International Fire Code, entitled "Water Supply for Fire Protection," is amended by substituting
Subsection 1412.1 3312.1with the following:
Sec. 1412.1 3312.1 When required. An approved water supply for fire
protection shall be made available as soon as combustible material arrives
on the site.
18.02.110 AMENDMENTS TO THE INTERNATIONAL FIRE CODE -
CHAPTER 23, MOTOR FUEL-DISPENSING FACILITIES AND REPAIR GARAGES.
The following local amendment to Chapter 23 of the International Fire Code, entitled
"Motor Fuel-Dispensing Facilities and Repair Garages," is hereby adopted and incorporated into
the International Fire Code as if fully set forth therein:
Sec. 2305.3.1. Required Spill Control Equipment. Every fuel dispensing
facility and repair garage shall maintain at least 50 pounds of rice hulls or
other approved absorbent and at least 25 approved absorbent pads,
minimum dimension 16 inch by 16 inch and/or other spill control
equipment as approved by the fire code official.
18.02.110 AMENDMENTS TO THE INTERNATIONAL FIRE CODE -
CHAPTER 22, MOTOR FUEL-DISPENSING FACILITIES AND REPAIR GARAGES.
The following local amendment to Chapter 2223 of the International Fire Code, entitled
"Motor Fuel-Dispensing Facilities and Repair Garages," is hereby adopted and incorporated into
the International Fire Code as if fully set forth therein:
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2012 International Fire Code Adoption
Sec. 22305.3.1. Required Spill Control Equipment. Every fuel
dispensing facility and repair garage shall maintain at least 50 pounds of
rice hulls or other approved absorbent and at least 25 approved absorbent
pads, minimum dimension 16 inch by 16 inch and/or other spill control
equipment as approved by the fire code official.
18.02.120 AMENDMENTS TO THE INTERNATIONAL FIRE CODE –
CHAPTER 33, FIRE SAFETY DURING CONSTRUCTION AND DEMOLITION.
The following local amendment to Chapter 33 of the International Fire Code, entitled
"Fire Safety During Construction and Demolition," is hereby adopted and incorporated into the
International Fire Code as if fully set forth therein:
(a) Water Supply for Fire Protection - When Required. Section 3312 of the
International Fire Code, entitled "Water Supply for Fire Protection," is amended by substituting
Subsection 3312.1with the following:
Sec. 3312.1 When required. An approved water supply for fire protection
shall be made available as soon as combustible material arrives on the site.
18.02.120 AMENDMENTS TO THE INTERNATIONAL FIRE CODE -
CHAPTER 27, HAZARDOUS MATERIALS - GENERAL PROVISIONS.
The following local amendment to Chapter 27 of the International Fire Code, entitled
"Hazardous Materials - General Provisions," is hereby adopted and incorporated into the
International Fire Code as if fully set forth therein:
(a) Storage - Ventilation - System Requirements. Section 2704 of the International
Fire Code, entitled "Storage," is amended by substituting Subsection 2704.3.1 with the
following:
Sec. 2704.3.1 System requirements. Exhaust ventilation systems shall
comply with all of the following:
1. Installation shall be in accordance with the International Mechanical
Code.
2. Mechanical ventilation shall be at a rate of not less than 1 cubic foot per
minute per square foot [0.00508 m3/(s · m2)] of floor area over the storage
area.
3. Systems shall operate continuously unless alternative designs are
approved.
4. A manual shutoff control shall be provided outside of the room in a
position adjacent to the access door to the room or in another location, if
approved by the fire code official. The switch shall be of the break-glass
type and shall be labeled: VENTILATION SYSTEM EMERGENCY
SHUTOFF: FIRE DEPARTMENT USE ONLY.
5. Exhaust ventilation shall be designed to consider the density of the
potential fumes or vapors released. For fumes or vapors that are heavier
than air, exhaust shall be taken from a point within 12 inches (305 mm) of
the floor.
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6. The location of both the exhaust and inlet air openings shall be designed
to provide air movement across all portions of the floor or room to prevent
the accumulation of vapors.
7. Exhaust ventilation shall not be recirculated within the room or building
if the materials stored are capable of emitting hazardous vapors.
18.02.130AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER
45, MARINAS.
The following local amendment adding a new Chapter 45 of the International Fire Code,
entitled "Marinas," is hereby adopted and incorporated into the International Fire Code as if fully
set forth therein:
Chapter 45 MARINAS
4501 Scope
Marina facilities shall be in accordance with this chapter.
4501.2 Plans and Approvals
Plans for marina fire-protection facilities shall be approved prior to
installation. The work shall be subject to final inspection and approval
after installation.
4501.2.1 Permits
Permits are required to use open-flame devices for maintenance or repair
on vessels, floats, piers or wharves.
4502 DEFINITIONS
4502.1 Definitions. The following words and terms shall, for the purpose
of this chapter and as used elsewhere in this code, have the meanings
shown herein.
FLOAT is a floating structure normally used as a point of transfer for
passengers and goods, or both, for mooring purposes.
MARINA is any portion of the ocean or inland water, either naturally or
artificially protected, for the mooring, servicing or safety of vessels and
shall include artificially protected works, the public or private lands
ashore, and structures or facilities provided within the enclosed body of
water and ashore for the mooring or servicing of vessels or the servicing
of their crews or passengers.
PIER is a structure built over the water, supported by pillars or piles, and
used as a landing place, pleasure pavilion or similar purpose.
VESSEL is watercraft of any type, other than seaplanes on the water, used
or capable of being used as a means of transportation. Included in this
definition are nontransportation vessels such as houseboats and
boathouses.
WHARF is a structure or bulkhead constructed of wood, stone, concrete
or similar material built at the shore of a harbor, lake or river for vessels to
lie alongside of, and piers or floats to be anchored to.
4503 GENERAL PRECAUTIONS
4503.1 Combustible Debris. Combustible debris and rubbish shall not be
deposited or accumulated on land beneath marina structures, piers or
wharves.
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4503.2 Sources of Ignition. Open-flame devices used for lighting or
decoration on the exterior of a vessel, float, pier or wharf shall be
approved.
4503.3 Flammable or Combustible Liquid Spills. Spills of flammable or
combustible liquids at or upon the water shall be reported immediately to
the fire department or jurisdictional authorities.
4503.4 Rubbish Containers. Containers with tightfitting or selfclosing
lids shall be provided for the temporary storage of combustible trash or
rubbish.
4503.5 Electrical Equipment. Electrical equipment shall be installed and
used in accordance with its listing and Section 605 as required for wet,
damp and hazardous locations.
4503.6 Berthing and Storage. Berthing and storage shall be in
accordance with NFPA 303, Chapter 5.
4503.7 Addressing. Each slip shall be numbered and clearly marked.
4504 FIRE-PROTECTION EQUIPMENT
4504.1 General. Piers, wharves, floats with facilities for mooring or
servicing five or more vessels, and marine motor vehicle fuel-dispensing
stations shall be equipped with fire-protection equipment in accordance
with Section 4604.
4504.2 Standpipes. Marinas and boatyards shall be equipped throughout
with standpipe systems in accordance with the following:
1. All portions of floats exceeding 150' in distance from the point of fire
apparatus access shall be provided with an approved dry standpipe system,
installed in conformity with NFPA 14 and Section 905.12.
2. Hose stations shall be provided at 150' intervals, with the most remote
station a maximum of 75' from the end of the float. Each hose station shall
be provided with two 2-1/2'' standpipe valves with 2 1/2'' to 1 1/2''
reducers with caps. Installation of fire hose is not mandatory at standpipe
locations. All hose station risers shall be galvanized steel.
3. Each standpipe system shall be provided with a minimum of two 2-1/2''
Fire Department connections. The Fire Department connections shall be
located on the shore end of the first floating dock.
4. Piping shall be minimum schedule 40 class and shall be sized to deliver
300 GPM at 65 psi residual pressure at the most remote station with a
delivered pressure of 150 psi at the Fire Department connection.
5. Sectional valves shall be provided at the change of direction of each
float and at each hose station. The valve shall be down stream of the hose
station.
4504.3 Access and Water Supply. Piers and wharves shall be provided
with fire apparatus access roads and water-supply systems with on-site fire
hydrants when required by the fire code official. Such roads and water
systems shall be provided and maintained in accordance with Sections
503.2 and 508.
4504.4 Portable Fire Extinguishers. One fire extinguisher for ordinary
(moderate) hazard type, shall be provided at each required hose station.
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Additional fire extinguishers, suitable for the hazards involved, shall be
provided and maintained in accordance with Section 906.
4504.5 Communications. A telephone not requiring a coin to operate or
other approved, clearly identified means to notify the fire department shall
be provided on the site in a location approved by the code official.
4505 MARINE MOTOR VEHICLE FUEL-DISPENSING
STATIONS
4505.1 Fuel-Dispensing. Marine motor vehicle fuel-dispensing stations
shall be in accordance with Chapter 22 of this code.
18.02.140130 AMENDMENTS TO THE INTERNATIONAL FIRE CODE -
APPENDIX D, FIRE APPARATUS ACCESS ROADS.
The following local amendments to Appendix D to the International Fire Code, entitled
"Fire Apparatus Access Roads," are hereby adopted and incorporated into the International Fire
Code as if fully set forth therein:
(a) Minimum Specifications - Grade. Section D103 of the International Fire Code,
entitled "Minimum specifications," is amended by substituting Subsection D103.2 with the
following:
Sec. D103.2 Grade. Fire apparatus access roads shall not exceed 10
percent longitudinal and/or 6 percent laterally in grade. Approach and
departure angle for fire apparatus access shall be as determined by the fire
code official. Unless building sprinklers have been installed in accordance
with this code and the roadway has been approved by the fire code
official.
(b) Minimum Specifications - Turning Radius. Section D103 of the International Fire
Code, entitled "Minimum specifications," is amended by substituting Subsection D103.3 with the
following:
Sec. D103.3 Turning radius. The fire apparatus access road shall have a
23 foot minimum inside turning radius and a 45 foot minimum outside
turning radius.
(c) Fire Apparatus Access Road Gates. Section D103.5 of the International Fire
Code, entitled "Fire Apparatus Access Road Gates," is amended by substituting Subsection
D103.5.1 with the following:
Sec. D103.5.1 The minimum gate width shall be 14 feet.
18.02.150140 FIRE CODES - FEES.
The fees to be assessed for the codes adopted in this chapter shall be as set forth in BMC
3.01.060, Fire Department - Rate Table E, as currently enacted or as hereafter amended.
18.02.160150 CITY OF BREMERTON FALSE ALARM CODE.
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2012 International Fire Code Adoption
(a) For the purposes of this section, a false alarm shall be deemed and construed as
being: the activation of any fire protection system due to some form of maintenance or lack of
maintenance element.
(b) It shall be unlawful for any person to give, signal, or transmit or for any person to
cause or permit to be given, signaled, or transmitted, in any manner any false alarm.
(c) It shall be unlawful for any person to tamper with or maliciously injure or activate
any fire protection system or equipment maintained for the purpose of transmitting fire alarms to
the Fire Department.
(d) Nothing in this section shall prohibit the sounding of any such signal essential for
the carrying out of any system maintenance or fire drill. The Fire Code Official, his designated
representative, or the responsible central station monitoring agency shall be notified in advance
when such signal will be sounded.
(e) Any person, firm or corporation who is found to have signaled or transmitted a
false alarm shall be guilty of a civil infraction and shall be fined per BMC 3.01.060, Fire
Department - Rate Table E.
(f) Definitions.
(1) "False alarm" shall mean the activation of a fire protection system at a
time when no conditions attributable to a fire or smoke condition are found to exist upon arrival
of the Fire Department.
(2) "Fire Code Official" shall mean the Chief of the Fire Department or his
designated representative.
(3) "Person" shall mean any person, firm, partnership, association,
corporation, company or organization of any kind.
(4) "Preventable false alarm" shall mean a false alarm caused or initiated or
allowed to be caused or initiated by the premises owner, or by a representative, assignee, or other
persons that function under the direction or control of the owner, whether caused by direct intent,
malicious action or by system neglect or improper system maintenance.
(5) "Unpreventable false alarm" shall mean a false alarm caused by power
failures or interferences unrelated to the operation of the premises.
(g) Any person having or maintaining a fire alarm shall, within three (3) working
days after notice by the Fire Code Official at the scene of a false alarm, make a written report to
the Fire Code Official setting forth the cause of such false alarm, the corrective action taken,
whether such alarm has been inspected by an authorized service person, and such other
information as the Fire Code Official may reasonably require to determine the cause of such
false alarm and the prescribed action necessary.
(h) The determination whether or not a false alarm was preventable shall be made by
the Fire Code Official. Any fee resulting from a determination that a false alarm was preventable
shall be billed by the City Treasurer’s Office and shall be deposited in the General Fund.
18.02.160 Reserved.
18.02.170 AUTOMATIC SPRINKLER SYSTEMS - BUILDINGS
CONTAINING TWO OR LESS DWELLING UNITS.
(a) When automatic sprinkler systems are installed in buildings containing two (2) or
less dwelling units as defined in the International Residential Code, whether attached or
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2012 International Fire Code Adoption
detached, they are permitted to be connected to the domestic service within said unit utilizing an
integrated fire/plumbing flow-through system.
(b) Automatic sprinkler systems installed pursuant to subsection (a) of this section
shall not be subject to general facility charges, connection fees, inspections fees and other permit
fees specifically related to and otherwise assessable under Chapter 3.01 BMC and BMC Title 15
attributed to the installation of automatic sprinkler systems.
(c) Automatic sprinkler systems installed pursuant to subsection (a) of this section are
integrated into and dependent upon the domestic water supply of the residential dwelling unit;
therefore, the property owner is responsible for maintaining a connection to and paying for an
adequate supply of water to the residential dwelling unit.
18.02.175180 SPECIFIC VIOLATIONS - FINES.
Any violation of any provision of the City Fire Code identified in this section may be
assessed a monetary fine for each incident or occurrence as follows:
(a) Illegal burning: two hundred fifty dollars ($250.00);
(b) NICET violations: one thousand dollars ($1,000);
(c) False fire alarms: two hundred dollars ($200.00);
(d) Fire Code violations with the knowledge of the a responsible party: one hundred
twenty-five dollars ($125.00);
(e) Repeat Fire Code violations for failure to correct or comply with the City Fire
Code: one hundred twenty-five dollars ($125.00).
Nothing in this section prohibits the City from seeking other remedies as allowed by ordinance,
including, but not limited to, those set forth in BMC 18.02.180. The Fire Marshal may, at his or
her discretion, reduce the amount of the assessed fine due to mitigating circumstances.
18.02.180190 VIOLATION - PENALTY.
(a) Any violation of any provision of the City Fire Code, BMC Title 18, constitutes a
civil violation under Chapter 1.04 BMC for which a monetary penalty may be assessed and
abatement may be required as provided therein.
(b) In addition to or as an alternative to any other penalty provided in this chapter or
by law, any person who violates any of the provisions of the City Fire Code, BMC Title 18, shall
be guilty of a misdemeanor pursuant to BMC 1.12.020(2).
18.02.190200 APPEALS.
(a) Appeals to the Hearings Examiner.
(1) Jurisdiction. The City Hearings Examiner has been designated as the
Board of Appeals and shall have jurisdiction over all matters concerning the application of the
fire codes cited in this chapter. The City Hearings Examiner, however, shall have no authority
relative to interpretation of the administrative provisions of these codes, nor shall the City
Hearings Examiner be empowered to waive requirements of these fire codes and referenced
codes.
(2) Filing. Appeals shall be filed with the Hearings Examiner in accordance
with Chapter 2.13 BMC.
(3) Standing. Standing to bring an appeal under this chapter is limited to the
following persons:
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2012 International Fire Code Adoption
(i) The applicant and the owner of property to which the permit
decision is directed.
(ii) Another person aggrieved or adversely affected by the order,
determination, or decision, or who would be aggrieved or adversely affected by a reversal or
modification of the order, determination, or decision. A person is aggrieved or adversely affected
within the meaning of this section only when all of the following conditions are present:
a. The order, determination, or decision has prejudiced or is
likely to prejudice that person;
b. A judgment in favor of that person would substantially
eliminate or redress the prejudice to that person caused or likely to be caused by the order,
determination, or decision; and
c. The appellant has exhausted his or her administrative
remedies to the extent required by law.
(b) Appeals to Superior Court. Appeals to the Hearings Examiner shall be made
pursuant to Chapter 2.13 BMC.
SECTION 2. 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 3. 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.
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 L. CORIN, City Clerk ROGER A. LUBOVICH, City Attorney
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2012 International Fire Code Adoption
PUBLISHED the________ day of ______________________, 2013
EFFECTIVE the_________day of ______________________, 2013
ORDINANCE NO. ____________
R:\Legal\Legal\Ordinances\Fire\2012 IFC Amendments (2013)-Final.docx
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Ordinance No.
establishing a new chapter, Chapter 5.06 of
the Bremerton Municipal Code (BMC)
entitled “Rental Property Registration”; and
Resolution No. amending
Community Development – Rate Table C
establishing rental property registration fines
and penalties
Study Session Date: May 29 & June 12, 2013
COUNCIL MEETING Date: June 5 & 19, 2013
Department: City Attorney’s Office
Presenter: Roger Lubovich
Phone: 473-2345
SUMMARY: There are residential tenants within the City of Bremerton living in residences that are
substandard and potentially dangerous to their health and safety. Substandard rental housing also
has a harmful effect on the value of nearby housing; and creates an environment which creates an
increased demand upon City services and thereby adversely affecting the health, safety, and welfare
of the citizens of the City of Bremerton. The proposed ordinance establishes procedures related to
the licensing and registration of rental dwelling units.
ATTACHMENTS: Outline, Proposed Ordinance, and Proposed Resolution
FISCAL IMPACTS (Include Budgeted Amount):
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 5.06 of the Bremerton
Municipal Code entitled “Rental Property Registration.”
Move to adopt Resolution No. ____ amending Community Development – Rate Table C establishing
rental property registration fines and penalties.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/02/12
Rental Property Registration Ordinance Outline
The proposed Rental Property Registration ordinance requires the following from
owners of rental properties:
I. Registration. Any person renting or making available for rent to the public
any dwelling unit that requires a general business license pursuant to Chapter 5.02 BMC
shall, annually with the General business license application or renewal;
(1) Register each dwelling unit,
(2) Provide the City with the name and contact information of a local
person or entity as a point of contact for the properties if the owner does not maintain a local
residence or a place of business and a secondary emergency point of contact.
(3) Provide an email or mailing address or other method of contact for
participation in the Police Department’s Landlord Notification Program for notice of police
activity on the rental property, and
(4) File with and as part of the registration a declaration of compliance that
each dwelling unit complies with Section RCW 59.18.060 of the Landlord Tenant Act.
II. Certificate of inspection. In the event the owner does not or cannot cure a
violation or obtain an approved plan within the required time period stated in the correction
notice by the code enforcement officer and a notice of violation is issued scheduling a hearing
before the Administrative Hearing Examiner pursuant to BMC 1.04.080 and a hearing is held,
the City may;
(1) Request, as part of any order, that the owner obtain a Certificate of
Inspection by a qualified inspector for the subject rental property. The dwelling unit or units
of the rental property to be inspected and the extent of the inspection shall be as required by
the Administrative Hearing Examiner’s order.
III. Penalties. Penalties for failure to register and obtain a certificate of inspection
when required.
R:\Legal\Legal\Ordinances\Community Development\Rental Property Registration\Rental Property Registration Ordinance Outline.docx
1
Rental Property Registration
ORDINANCE NO. ________
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, creating new Chapter 5.06 BMC entitled
“Rental Property Registration” providing for the registration and
inspection of rental dwelling units.
WHEREAS, the City Council of the City of Bremerton has determined that there
are residential tenants within the City of Bremerton living in residences that are substandard and
potentially dangerous to their health and safety; and
WHEREAS, substandard rental housing also has a harmful effect on the value of
nearby housing; and
WHEREAS, substandard rental housing also creates an environment which
creates an increased demand upon City services and thereby adversely affecting the health,
safety, and welfare of the citizens of the City of Bremerton; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. A new chapter, Chapter 5.06 of the Bremerton Municipal Code
entitled "Rental Property Registration " is hereby adopted to read as follows:
Chapter 5.06
RENTAL PROPERTY REGISTRATION
5.06.010 PURPOSE.
The City Council finds that rental housing is a valuable community asset, providing
homes for all income levels. Additionally, the City Council finds that there exists rental housing
in the City that are below the minimum building standards and appear to violate RCW 59.18.060
of the Residential Landlord-Tenant Act and that such substandard conditions constitute a public
nuisance. As a result, to ensure the public health, safety, and welfare of its citizens and the
maintenance of quality rental housing in the City, this code establishes a program to prevent and
correct conditions in residential rental units that adversely affect or are likely to adversely affect
the health, safety, and welfare of the public. It is the purpose of this section to assure that rental
housing within the City is actively operated and maintained in compliance with RCW 59.18.060.
5.06.020 DEFINITIONS.
“BMC” means Bremerton Municipal Code.
“Building Code” means, the City Building Code set forth in Chapter 17.04 BMC.
"Certificate of Inspection" means a certificate made in accordance with the
requirements of RCW 9A.72.085 by a qualified inspector on forms provided by the City that
states that the owner of rental property has not failed to fulfill any substantial obligation
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imposed under RCW 59.18.060 of the Landlord Tenant Act, as defined in this section, that
endangers or impairs the health or safety of a tenant.
“Code enforcement officer” means code enforcement officer as defined in Chapter 1.04
BMC.
“Declaration of Compliance” means an unsworn statement, declaration, verification, or
certificate made in accordance with the forms provided by the City that each dwelling unit
complies with 59.18.060 of the Landlord Tenant Act as defined in this section, as currently
enacted and hereinafter amended, and does not present conditions that endanger or impair the
health or safety of the tenants.
"Director" means the Director of Community Development or designee as applicable and
any other department director authorized by the Mayor to enforce this chapter, or their designee,
including, but not limited to, code enforcement officer, building official and other designated
City official.
"Dwelling unit" means any structure or part of a structure which is used as a home,
residence, or sleeping place by one or more persons maintaining a common household,
including but not limited to single-family residences, a room, rooming units, units of
multiplexes, condominiums, apartment buildings, and mobile homes.
“Fire Code” means, the City Fire Code set forth in Chapter 18.02 BMC.
"Landlord" means the owner, lessor, or sublessor of the dwelling unit or the property
of which it is a part and in addition means any person designated as representative of the
landlord having an interest in and/or responsible for the management of the rental property.
“Landlord Tenant Act” means the Residential Landlord -Tenant Act set forth in Chapter
59.18 RCW, as currently enacted and hereinafter amended.
"Owner" means one or more persons, jointly or severally, in whom is vested all or any
part of the legal title to rental property or all or part of the beneficial ownership and a right
to present use and enjoyment of the property.
"Person" means an individual, group of individuals, corporation, government, or
governmental agency, business trust, estate, trust, partnership, or association, two or more
persons having a joint or common interest, or any other legal or commercial entity.
"Qualified inspector" means a United States Department of Housing and Urban
Development-certified inspector; a Washington State-licensed home inspector; an American
Society of Home Inspectors-certified inspector; a private inspector certified by the National
Association of Housing and Redevelopment Officials, the American Association of Code
Enforcement, International Code Council certified inspector, or other comparable professional
association as approved by the Director of Community Development; a Washington-licensed
structural engineer; or a Washington-licensed architect. An "owner'' as defined in this section
is not eligible to act as a qualified inspector.
“RCW” means Revised Code of Washington.
“RCW 59.18.060 of the Landlord Tenant Act”, means, for the purpose of this chapter,
subsections RCW 59.18.060(1) through RCW 59.18.060(10), as currently enacted or
hereinafter amended, which provides as follows: (1) Maintain the premises to substantially
comply with any applicable code, statute, ordinance, or regulation governing their maintenance
or operation, which the legislative body enacting the applicable code, statute, ordinance or
regulation could enforce as to the premises rented if such condition endangers or impairs the
health or safety of the tenant; (2) Maintain the structural components including, but not limited
to, the roofs, floors, walls, chimneys, fireplaces, foundations, and all other structural
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Rental Property Registration
components, in reasonably good repair so as to be usable; (3) Keep any shared or common areas
reasonably clean, sanitary, and safe from defects increasing the hazards of fire or accident; (4)
Provide a reasonable program for the control of infestation by insects, rodents, and other pests at
the initiation of the tenancy and, except in the case of a single-family residence, control
infestation during tenancy except where such infestation is caused by the tenant; (5) Except
where the condition is attributable to normal wear and tear, make repairs and arrangements
necessary to put and keep the premises in as good condition as it by law or rental agreement
should have been, at the commencement of the tenancy; (6) Provide reasonably adequate locks
and furnish keys to the tenant; (7) Maintain all electrical, plumbing, heating, and other facilities
and appliances supplied by him or her in reasonably good working order; (8) Maintain the
dwelling unit in reasonably weathertight condition; (9) Except in the case of a single-family
residence, provide and maintain appropriate receptacles in common areas for the removal of
ashes, rubbish, and garbage, incidental to the occupancy and arrange for the reasonable and
regular removal of such waste; (10) Provide facilities adequate to supply heat and water and hot
water as reasonably required by the tenant.
"Rental property" or “property" means all residential dwelling units rented or leased on a
contiguous parcel or parcels of land managed by the same landlord as a single rental complex.
"Tenant" is any person who is entitled to occupy a dwelling unit primarily for living or
dwelling purposes with or without a rental agreement.
5.06.030 REGISTRATION AND DECLARATION REQUIRED.
(a) General Business License Required. No person shall make available for rent,
lease, or let, to any person a "dwelling unit" as defined in BMC 5.06.020 above without
securing and maintaining a current annual general business license as required by Chapter
5.02 BMC entitled “General Business Licenses”.
(b) Registration and Declaration of Compliance. Any person renting or making
available for rent to the public any dwelling unit that requires a general business license pursuant
to Chapter 5.02 BMC shall, annually with the General business license application or renewal;
(1) Register each dwelling unit,
(2) Provide the City with the name and contact information of a local person
or entity as a point of contact for the properties if the owner does not maintain a local residence
or a place of business. If the owner maintains a local residence or place of business, provide the
name and contact information of a secondary emergency point of contact which does not have to
be local. For purposes of this subsection, local means within sixty (60) road/driving miles from
the subject property or within thirty (30) road/driving miles from the Washington State ferry
terminal located in downtown area of the City of Seattle,
(3) Provide an email or mailing address or other method of contact as
approved by the Bremerton Police Department for participation in the department’s Landlord
Notification Program for notice of police activity on the rental property, and
(4) File with and as part of the registration a declaration of compliance as
defined in BMC 5.06.020 above that each dwelling unit complies with RCW 59.18.060 of the
Landlord Tenant Act and does not present conditions that endanger or impair the health or safety
of the tenants.
(c) Conditions of Issuance. Issuance of the general business license shall require;
(1) Registration of dwelling units and providing the name of a local contact
person or entity as required in BMC 5.06.030(b) above;
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Rental Property Registration
(2) Submission of a declaration of compliance as required in BMC
5.06.030(b) above or, as applicable, submission of certificate of inspection if required by BMC
5.06.040 below;
(3) Payment of applicable fees; and
(4) Compliance with this chapter.
(d) Suspension or Revocation. Any general business license issued under Chapter
5.02 BMC may be suspended or revoked for any violation of this chapter by the licensee, or his
or her agents or employees pursuant to BMC 5.02.180.
5.06.040 VIOLATIONS AND INSPECTIONS.
To ensure compliance with RCW 59.18.060 of the Landlord Tenant Act related to
conditions of rental housing, the following shall apply:
(a) Pending Violation – Correction Notice. Whenever the City is provided notice of a
violation of the Building Code, the Fire Code, and/or violations of any other applicable City code
or state law exists which endangers or impairs the health or safety of a tenant, the City code
enforcement officer shall issue a correction notice to the owner pursuant to Chapter 1.04 BMC.
Notice to the City of the violation may be provided as a result of a pending code enforcement
proceeding or other similar action on rental property, an on-site visit by a City official, or by any
other means. The owner shall cure the violation in the time period as requested by the code
enforcement officer or provide a plan acceptable to the City to bring the property into
compliance with RCW 59.18.060 for any existing violation.
(b) Notice of Violation - Hearing. In the event the owner does not or cannot cure the
violation or obtain an approved plan within the required time period stated in the correction
notice, a notice of violation shall be mailed or otherwise served to the owner scheduling a
hearing before the Administrative Hearing Examiner pursuant to BMC 1.04.080.
(c) Certificate of Inspection – Required. In the event a hearing is held before the
Administrative Hearing Examiner and an order is issued requiring the owner to cure the
violation, the City may request, as part of the order, that the owner obtain a Certificate of
Inspection pursuant to this section. The Certificate of Inspection must be provided by a qualified
inspector for the subject rental property to ensure full compliance with the order and with RCW
59.18.060 of the Landlord Tenant Act and does not present conditions that endanger or impair
the health or safety of a tenant. The dwelling unit or units of the rental property to be inspected
and the extent of the inspection shall be as required by the Administrative Hearing Examiner’s
order.
(d) Filing of Certificate of Inspection. The certificate of inspection shall be filed with
the City by the date and upon the conditions required by the Administrative Hearing Examiner’s
order. If a qualified inspector, other than a City code enforcement officer, performs the
inspection and a selected unit or units of the rental property fails the initial inspection, both the
results of the initial inspection and any certificate of inspection must be provided to the City.
(e) False Reporting – Misdemeanor. Any person who knowingly submits or assists
in the submission of a falsified declaration of compliance or certificate of inspection is guilty of a
misdemeanor pursuant to BMC 1.12.020(2). Any inspector convicted of, admitting to or
submitting a falsified certificate of inspection, will no longer be a qualified inspector as defined
under BMC 5.06.020 above.
(f) Notice of Inspection to Tenant. Notice to Tenant of an inspection shall be
provided as follows:
5
Rental Property Registration
(1) Landlord shall provide written notification of his or her intent to enter an
individual unit for the purposes of providing the City a certificate of inspection in accordance
with RCW 59.18.150(6) of the Landlord Tenant Act. The written notice must indicate the date
and approximate time of the inspection and the company or person performing the inspection,
and that the tenant has the right to see the inspector's identification before the inspector enters the
individual unit. A copy of this notice must be provided to the inspector upon request on the day
of inspection.
(2) A tenant who continues to deny access to his or her unit is subject to RCW
59.18.150(8) of the Landlord Tenant Act.
5.06.050 INSPECTION FINDINGS – REVIEW AND APPEAL.
(a) Administrative Review of Findings. If a rental property owner does not agree
with the findings of an inspection performed by a qualified inspector, as defined under this
section, the property owner may request an administrative review by the Director by filing a
written request with the Department of Community Development within fourteen (14)
calendar days of the inspection or may file a direct appeal to the Administrative Hearing
Examiner pursuant to BMC 5.06.0 60 below. The request shall state in writing the reasons the
Director should review the findings. Failure to state the basis for the review in writing shall be
cause for dismissal of the review. Upon receipt of the request for administrative review, the
Director shall review the information provided. In lieu of filing an appeal with the Director, an
appeal may also be made directly to the Administrative Hearing Examiner pursuant to subsection
(c) below within thirty (30) calendar days of the inspection.
(b) Decision of Director. After considering all of the information provided, including
information from the code enforcement officer and the City Attorney, or his or her designee, the
Director shall affirm, or modify the findings of inspection. The Director’s decision shall be
delivered in writing to the appellant by first-class mail, email or hand delivery.
(c) Administrative Appeal. Appeals of the Decision resulting from the Director’s
review shall be made to the Administrative Hearing Examiner pursuant to BMC 5.06.060
below.
5.06.060 ADMINISTRATIVE APPEALS.
(a) Administrative appeals may be filed as follows:
(1) General Business License. Revocation or denial of a general business
license issued pursuant to Chapter 5.02 BMC may be appealed as provided in BMC 5.02.180.
(2) Penalties, Directors Decision and Findings of an Inspection. The
assessment of penalties pursuant to BMC 5.06.070 below, a decision of the Director pursuant to
BMC 5.06.050(b) above and the findings of an inspection performed by a qualified inspector
pursuant to BMC 5.06.040(c) above (“administrative determination”) may be appealed using the
appellate procedures set forth in this section.
(b) Any applicant or licensee may, within fourteen (14) calendar days from the date
notice of the administrative determination was mailed to the applicant or licensee, appeal such
administrative determination by filing a written notice of appeal setting forth the grounds
therefor with the Administrative Hearing Examiner pursuant to Chapter 2.13 BMC. A filing fee
as set forth in Chapter 3.01 BMC, Community Development – Rate Table C, shall be submitted
with the appeal, which filing fee is required to process the appeal. The hearing shall be
conducted in accordance with the procedures for hearing contested cases set out in Chapter 2.13
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Rental Property Registration
BMC. After the hearing thereon the Administrative Hearing Examiner shall, after appropriate
findings of fact, and conclusions of law, affirm, modify, or overrule the denial or revocation and
order issuance or reinstatement of the license, and may impose any terms thereupon.
(c) No renewal or revocation of a license or other administrative determination issued
pursuant to the provisions of this chapter shall take effect until fourteen (14) calendar days after
service of the notice thereof by the Director, and if the appeal is timely filed, the administrative
determination shall be stayed pending final action by the Administrative Hearing Examiner. All
licenses which are revoked shall be surrendered to the City on the effective date of such
revocation.
(d) The decision of the Administrative Hearing Examiner shall be final. The applicant
or licensee and/or the City may seek review of the decision by the Superior Court of Washington
in and for Kitsap County within twenty-one (21) calendar days from the date of the decision. If
review is sought as herein prescribed the renewal or revocation shall be stayed pending final
action by the Superior Court.
(e) When revoked, the license shall be canceled and immediately surrendered to the
Director. Upon revocation of any license as provided in this chapter, no portion of the license fee
shall be returned to the licensee.
(f) Upon denial or revocation, the person whose application was denied or license
revoked shall not be granted a license for a business, upon any new application that may be
made, for a period of ninety (90) calendar days from date of denial or revocation and further, no
license shall be issued until such person cures any defaults that resulted in the denial or
revocation.
5.06.070 VIOLATIONS AND ENFORCEMENT.
Violations of this chapter constitute a public nuisance and may be enforced, in addition to
the provisions of this chapter, pursuant to the Building Code, the 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. In the event of a violation of the provisions of this chapter, the City may
take the following action:
(a) Remedies. If the City finds that any person, firm or entity fails to register a
rental dwelling unit as required herein, file the required certificate of inspection as applicable
and/or violates any other provision of this chapter, the City may take any one or more of the
following actions to remedy the violation:
(1) Impose a civil penalty as set forth in Chapter 3.01 BMC, Community
Development – Rate Table C; and/or
(2) Revoke or deny the General Business License issued or required pursuant
to Chapter 5.02 BMC.
(b) Code Enforcement. In addition to the remedies set forth in BMC 5.06.070(a)
above, any violation of any provision of this chapter constitutes a civil violation under Chapter
1.04 BMC for which a monetary penalty may be assessed and abatement and/or enforcement
may be required as provided therein.
SECTION 2. Effective Date of Chapter 5.06 BMC. The provisions of Chapter
5.06 BMC set forth in Section 1 above shall take effect and be in force January 1, 2014.
7
Rental Property Registration
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.
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\Rental Property Registration\Rental Property Registration 2013-Final.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
rental property registration pursuant to Chapter 5.06 BMC.
WHEREAS, the City Council desires to amend Community Development - Rate
Table C to establish fines and penalties relating to rental properties pursuant to Chapter 5.06
BMC; 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. 3191 are hereby amended and
reestablished herein by this Resolution by adding a new section 8 entitled “Rental Property
Registration Fines & Penalties” and making certain corrections to 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 January 1, 2014.
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-Rental Property
Registration.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-APPLICATION CONFERENCE $100
6. ABATEMENTS
Dangerous Building $900 + Direct Service
and Supply Cost
Garbage & Weed $640 + Direct Service
and Supply Cost
7. ABANDONED PROPERTIES PROPERTY FINES &
PENALTIES
Failure to Register $1,000 + $100 per day
Failure to Inspect, Maintain, and/or Secure $1,000 + $100 per day
8. RENTAL PROPERTY REGISTRATION FINES & PENALTIES
Failure to Register and File a Declaration of Compliance as Required $1,000 + $100 per day
Failure to Obtain a Certificate of Inspection When Required $1,000 + $100 per day
89. BUILDING PERMIT FEES Refer to Exhibit 1
910. PLAN REVIEW FEE
65% of the building
permit fee as set forth in
Exhibit 1
COMMUNITY DEVELOPMENT – RATE TABLE C
All Rates Listed are "Not To Exceed" Fees
Resolution No. _______
RATE
1011. ESTABLISHED “BASIC” PLAN REVIEW
Pursuant to DCD policy 50% of Plan Review Fee
1112. MECHANICAL PERMIT FEES
Residential Refer to Exhibit 2
Commercial / Non-Residential / Multifamily Valuation and Refer to
Exhibit 1
1213. PLUMBING PERMIT FEES
Residential Refer to Exhibit 3
Commercial / Non-Residential / Multifamily Valuation and Refer to
Exhibit 1
1314. GRADING PERMIT AND PLAN REVIEW FEES Refer to Exhibit 4
1415. 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
1516. COMPREHENSIVE PLAN
Text or Map Amendment $1500
Combined Text and Map Amendment $2500
1617. SITE PLAN REVIEW
Commercial / Non-Residential / Multifamily – Type II $500
COMMUNITY DEVELOPMENT – RATE TABLE C
All Rates Listed are "Not To Exceed" Fees
Resolution No. _______
RATE
1718. SITE DEVELOPMENT PERMIT $500
(Fee waived if concurrent with Site Plan Review)
1819. MULTIFAMILY TAX EXEMPTION
Application $1500
1920. DESIGN REVIEW BOARD
Conceptual Design Conference $500
Design Response Conference $500
2021. 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 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.
EXHIBIT 2
COMMUNITY DEVELOPMENT – RATE TABLE C
All Rates Listed are "Not To Exceed" Fees
Resolution No. ______
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
8. Incinerators
For the installation or relocation of each domestic-type incinerator $18.20
COMMUNITY DEVELOPMENT – RATE TABLE C
All Rates Listed are "Not To Exceed" Fees
Resolution No. ______
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, equi pment, 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 bene fits 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.
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Letter of Agreement with West
Sound FC Premier Soccer Club for Lease of
two Soccer Fields at Pendergast Park
Study Session Date: June 12, 2013
COUNCIL MEETING Date: June 19, 2013
Department: Parks and Rec.
Presenter: Wyn Birkenthal
Phone: 473-5752
SUMMARY: Pendergast Soccer Fields have been an underused asset since they were constructed
in the 1990’s. West Sound FC has agreed to make artificial turf improvements to the 2 fields in return
for a lease allowing West Sound to collect revenue from field scheduling once the turf is installed.
Additionally, the city would receive $13,537.00 per year in compensation and maintenance fees for
the duration of the agreement. The payment amount will be adjusted for inflation. Public use of the
fields is guaranteed under section 2.1 of the lease.
ATTACHMENTS: Letter of Agreement for lease, Pendergast Soccer Field Lease; Exhibit A-Legal
Description and Map; Exhibit B-Leased Area and Parking; Exhibit C-Lease and Maintenance Fee
Calculation Worksheet
FISCAL IMPACTS (Include Budgeted Amount): The city will be relieved of soccer field maintenance
responsibility and receive $13,537.00 annually in compensation and maintenance fees.
STUDY SESSION AGENDA: ☐ No Presentation ☒ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the Letter of Agreement for the Lease with West Sound FC for the Pendergast
soccer fields and authorize the Mayor to finalize and execute both the Letter of Agreement and the
Lease with substantially the same terms and conditions as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/25/13
Letter of Agreement Between City of Bremerton and West Sound FC
For the Lease of Two Soccer Fields at Pendergast Park
This letter of Agreement between the City of Bremerton and West Sound FC Premier
Soccer Club relates to the lease, attached hereto as Exhibit A, of two (2) soccer fields and
associated property at Pendergast Park. This Letter of Agreement stipulates that the parties will
not execute the lease agreement until such time as West Sound FC has accumulated the financial
and in-kind resources necessary to begin construction of the artificial turf improvements to the
two (2) soccer fields. This Letter of Agreement is subject to approval of City Council and will
expire on June 20, 2014. The term of this Letter of Agreement may be extended by mutual
agreement of both parties for a period not to exceed one year, provided adequate progress has
been made on behalf of West Sound FC to design, permit, and fund construction of the desired
improvements. Any such extension shall be authorized by the Mayor. Any extension exceeding
one year shall require City Council approval. During the interim period, prior to full execution
of the attached lease, the City will continue to have full right to use, maintain, and schedule the
soccer fields. WestSound FC Premier Soccer Club shall have no right or interest in the fields
until the Lease is fully executed.
This Letter of Agreement serves the purpose of allowing WestSound FC Premier Soccer
Club to obtain a commitment from the City to enter into the attached Lease in order to enable
procurement of grant and foundation funds by WestSound FC Premier Soccer Club to make the
agreed upon improvements to Pendergast Park. It also provides for continued use of the fields
by the City until such time as the Lease is executed and construction is imminent.
CITY OF BREMERTON
______________________________________
By: Patty Lent
Its: Mayor
Date:_________________________________
WESTSOUND FC PREMIER SOCCER
CLUB
_____________________________________
By:__________________________________
Its:__________________________________
Date:________________________________
APPROVED AS TO FORM:
__________________________
Roger A. Lubovich, City Attorney
R:\Legal\Legal\Files\Current Active Files\Pendergast Park\WestSound FC Premier Soccer Club Lease\Letter of Agreement -
WestSound FC Premier Soccer Lease.docx
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PENDERGAST SOCCER FIELD LEASE
THIS LEASE AGREEMENT (hereinafter “Lease”) is between the CITY OF
BREMERTON, a municipal corporation of the State of Washington, with offices located at 345
6th Street, Suite 600, Bremerton, Washington 98337 (hereinafter “City”), and WESTSOUND
FC PREMIER SOCCER CLUB, a non-profit corporation ,, (hereinafter “Lessee”).
1. PROPERTY.
1.1 Property Defined. The City leases to Lessee and Lessee leases from the City the
real property consisting of 5.93 acres encompassing 2 fields and buffer area described in Exhibit
A, attached hereto and incorporated herein by this reference, together with all the rights of the
City, if any, to improvements on and easements benefiting the property but subject to the
exceptions and restrictions set forth in this Lease (collectively the "Property" or “Leased
Property”).
1.2 Survey, Maps, and Plans. Lessee is not relying upon and the City is not making
any representations about any survey, plat, diagram, and/or legal description provided by the
City.
1.3 Acceptance of Property. The City makes no representation regarding the
condition of the Property, or the improvements located on the Property. Lessee has examined the
Property and accepts it in its present condition.
2. USE.
2.1 Permitted Use. The Property shall be used for soccer or compatible sports,
practice, games, and tournaments, and for concessions to service the aforementioned uses. (the
"Permitted Use") and for no other business or purpose, without the prior written consent of the
City. The Property shall not be used for illegal purposes. It is agreed that this lease shall not be
construed as the City’s waiver of land use or building code provisions that would otherwise apply
to any improvements or uses of the site.
The Lessee is responsible for scheduling the Property including fields and lighting. It is
understood by the parties that the Lessee will work cooperatively with the City to establish
guidelines outlining field use priority for school teams, current users of the Pendergast soccer
fields, Bremerton based organizations, etc. Lessee shall be entitled to revenue derived from field
and light rental and concession proceeds, with the exception of the consideration to the City.
Lessee shall allow for community access for use of the Property by non-members at
reasonable times and rates not to exceed averages for similar artificial turfed soccer facilities in
the Kitsap-Pierce County area. Scheduling priority for non-member usage will be in the
following order:
1) Bremerton based youth recreational soccer;
2) Youth recreational soccer;
3) Adult recreational soccer;
4) School and collegiate soccer;
5) Other recreational sports as appropriate for artificial turf play; and
6) Professional and semi-professional soccer and field sports.
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2.2 Parking Lot. Along with use of the Property, Lessee shall be entitled to the non-
exclusive use of the lighted parking area so described in Exhibit B, attached hereto and
incorporated by this reference herein.
2.3 Conformance with Laws. Lessee shall, at all times, keep current and comply with
all conditions and terms of any permits, licenses, certificates, regulations, ordinances, statutes,
and other government rules and regulations regarding its use or occupancy of the Property.
2.4 Liens and Encumbrances. Lessee shall keep the Property free and clear of any
liens and encumbrances arising out of or relating to its use or occupancy of the Property. At the
City’s request, Lessee shall furnish the City with written proof of payment or any item which
would or might constitute the basis for such a lien on the leased Property if not paid.
2.5 Use Restrictions. The Lessee shall not carry on upon the demised Property, any
trade or activity, which would constitute a nuisance or hazard to the public, and shall not
substantially deviate from its announced and original use of the property, without consultation
and consent from the City.
2.6 Alcohol. No alcohol is to be served or consumed on the leased Property unless
authorized by BMC 13.04.140.
3. TERM.
3.1 Term. The term of this Lease is fifteen (15) years (the “initial term”), beginning
on the ______ day of _____________, 20____ (the "commencement date"), and ending on the
_______ day of _________, 20___ (the "termination date"), unless terminated sooner under the
terms of this Lease.
33..22 Extension of Term. Prior to the expiration of the Initial term of this lease, Lessee
may request to extend the term of this lease in the event Lessee desires to replace the artificial
turf on the play fields in order to amortize the cost. A request to extend the term of the lease
must be made prior to installation of the artificial turf. Any extension is subject to mutual
agreement of the parties regarding the lease payment and other terms and conditions and is
further subject to City Council approval. There is no guarantee of an extension of the term of
this lease beyond the initial term.
3.3 End of Term. Upon the expiration or termination of the term of this lease, as
applicable, Lessee shall surrender the Property to the City in the same or better condition as
existed on the commencement date, reasonable wear and tear excepted.
3.5 Hold Over. If Lessee remains in possession of the Property after the termination
date, the occupancy shall not constitute an extension or renewal of the term. The occupancy shall
be a month-to-month tenancy, on terms identical to the terms of this Lease, which may be
terminated by either party on thirty (30) days written notice. The monthly rent during the
holdover shall be the same rent which would be due if the Lease were still in effect and all
adjustments in rent were made in accordance with its terms. If the City provides a notice to
vacate the Property in anticipation of the termination of this Lease or at any time after the
termination date and Lessee fails to do so within the time set forth in the notice, then Lessee shall
be a trespasser and shall owe the City all amounts due under applicable law.
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4. CONSIDERATION.
4.1 Lease Payment. During the Initial Term of this lease, Lessee shall pay to the City
a monthly lease payment of nine hundred nineteen dollars and 75/100 ($919.75) based on the
factors as set forth in Exhibit C, aattttaacchheedd hheerreettoo aanndd iinnccoorrppoorraatteedd bbyy tthhiiss rreeffeerreennccee hheerreeiinn (“lease
payment”). The first installment shall be due and payable on or before the commencement date,
and subsequent installments shall be due and payable on or before the same day of each month
thereafter. LLeesssseeee sshhaallll aallssoo ppaayy LLeeaasseehhoolldd EExxcciissee TTaaxx sseett ffoorrtthh iinn SSeeccttiioonn 44..22 bbeellooww.. The lease
payment shall be adjusted by the Consumer Price Index (CPI) as set forth in Section 4.3 below.
4.2 Leasehold Tax. Lessee agrees to pay the leasehold excise tax on the lease
payment pursuant to Chapter 82.29A RCW currently in the amount of 12.84 percent and as may
be adjusted pursuant to Ch. 82.29A RCW.
4.3 Consumer Price Index (CPI) Adjustment. The lease payment will be adjusted by
the Consumer Price Index (CPI) for All Urban Consumers (CPI-U) as published by the United
States Department of Labor for Seattle-Tacoma-Bremerton. For purposes of the CPI adjustment,
the base shall be the June 2012 CPI index. The CPI adjustment shall occur on the following
January 1st of each year during the term of this Agreement. In no instance shall the adjustment be
negative. In addition, Lessee agrees to pay when due, the leasehold excise tax, or any additional
assessments thereto, with respect to any payment or obligation hereunder, which is deemed by
the State of Washington to be taxable rent under said chapter and to indemnify and hold the
Lessor harmless from the same.
4.4 Payment. Lessee shall pay quarterly to the City by the fifteenth day of the month
following the end of each quarter, or as otherwise required by the State of Washington, the
amount of the leasehold tax owing. Lessee may prepay these quarterly payments on a semi-
annual or annual basis or as otherwise approved by the City.
4.5 Payment Place. Payment is to be made to the City of Bremerton, Attn:
Department of Financial Services, 345 6th Street, Suite 600, Bremerton, Washington 98337.
5. UTILITIES MAINTENANCE AND TAXES.
During the Term, Lessee shall pay the following additional expenses:
55..11 Utilities. Lessee shall pay all fees charged for utilities in connection with the use
and occupancy of the Property, including but not limited to electricity, stormwater, water, gas,
and telephone service. In addition, Lessee shall pay City the following:
Soccer field lighting controller $500 per year
Lighting maintenance (parking lot) $1,000 per year
Parking lot maintenance & repair $1,000 per year
These annual expenses to the City shall be made in equal monthly payments in
conjunction with the lease payment. These payments shall be adjusted by the Consumer Price
Index (CPI) as set forth in Section 4.3 above.
5.2 Taxes. Lessee shall be liable for, and shall pay, throughout the term of this lease
before delinquency, all license and excise fees and occupation taxes covering the business
conducted on the Property and taxes that may be on leasehold improvements created under this
lease agreement.
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5.3 Proof of Payment. Lessee shall, if required by the City, furnish to the City
receipts or other appropriate evidence establishing the payment of any amounts required to be
paid under the terms of this Lease.
5.5 Failure to Pay. If Lessee fails to pay any of the amounts due under this Lease, the
City may pay the amount due, and recover its cost in accordance with the provisions of Section 6,
unless Lessee has contested any amount due pursuant to Section 5.3 above.
6. LATE PAYMENTS AND OTHER CHARGES.
6.1 Late Charge. If any rental payment is not received by the City within ten (10)
days of the date due, Lessee shall pay to the City a late charge equal to four percent (4%) of the
amount of the lease payment due to defray the overhead expenses of the City incident to the
delay.
6.2 Interest Penalty for Past Due Lease Payments and Other Sums Owed. If a Lease
Payment is not paid within thirty (30) days of the date due, then Lessee shall, in addition to
paying the late charges determined under Subsection 6.1, above, pay interest on the amount
outstanding at the rate of one percent (1%) per month until paid. If the City pays or advances any
amounts for or on behalf of Lessee, including but not limited to leasehold taxes, taxes,
assessments, insurance premiums, costs of removal and disposal of unauthorized materials, costs
of removal and disposal of improvements pursuant to Section 7 below, or other amounts not paid
when due, Lessee shall reimburse the City for the amount paid or advanced and shall pay interest
on that amount at the rate of one percent (1%) per month from the date the City notifies Lessee of
the payment or advance unless Lessee has contested any amount due pursuant to Section 5.3
above.
6.3 No Counterclaim, Setoff, or Abatement of Rent. Except as expressly set forth
elsewhere in this Lease, rent and all other sums payable by Lessee pursuant to this Lease shall be
paid without the requirement that the City provide prior notice or demand, and shall not be
subject to any counterclaim, setoff, deduction, defense or abatement.
7. IMPROVEMENTS.
7.1 Lessee-Owned Improvements - Ownership. So long as this Lease remains in
effect, Lessee shall retain ownership of all authorized improvements and trade fixtures it may
place on the Property (collectively "Lessee-Owned Improvements"). Lessee-Owned
Improvements shall not include any construction, reconstruction, alteration, or addition to the
Property by the City (City-Owned Improvements) or any Unauthorized Improvements as defined
in Subsection 7.6 below. No Lessee-Owned Improvements shall be placed on the Property
without the City's prior written consent. All Lessee-Owned Improvements upon the Property will
revert to the ownership of the City, without payment by the City, at the expiration of the lease or
its earlier termination. However, if the City terminates the lease without cause prior to the
expiration of the Initial Term, Lessee will be entitled to a payment equal to the depreciated value
of the Lessee-Owned Improvements with the parties agreeing that all such improvements,
including the artificial turf, have a 15 (fifteen) year life expectancy.
7.2 Soccer Fields. Lessee agrees to make capital improvements to (2) soccer fields
by upgrading sand fields to artificial turf fields. Plans for permanent improvements shall be
approved in writing by the City in advance.
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7.3 Restrooms. The parties agree that permanent restroom facilities in proximity to
the soccer fields are needed and agree to work cooperatively toward the development of
restrooms. In the interim the Lessee shall be responsible for the provision of portable chemical
toilets as needed to meet public health requirements and user convenience. And the City shall
continue to maintain the pit toilet located at the parking area until this toilet is no longer needed.
7.4 Signs. No signs or other advertising material shall be attached to or painted on or
within the leased Property without the approval of the City, except warning signs, advertising on
perimeter fencing, facility rules and regulations, signs identifying the name of the Property and
facilities at the Property. At the termination, or sooner expiration of this lease, all such signs or
advertising material attached to or painted by the Lessee shall be removed by Lessee at its own
expense, and Lessee shall repair any damage or injury to the Property, and correct any unsightly
condition, caused by maintenance and removal of said signs.
7.5 Construction. Lessee is responsible for permitting, design, construction and
maintenance of improvements. Prior to Lessee commencing any construction, alteration,
replacement, removal or major repair of any improvements (whether City-Owned or Lessee-
Owned), Lessee shall submit to the City plans and specifications which describe the proposed
activity. Construction shall not commence until the City Director of Parks and Recreation
Department or the Director of Community Development, as applicable, for permitting purposes,
or their designee) has approved those plans and specifications in writing The City shall have
thirty (30) days in which to review the proposed plans and specifications. The plans and
specifications shall be deemed approved and the requirement for the City’s written consent shall
be treated as waived, unless the City notifies Lessee otherwise within the thirty (30) days. Upon
completion of construction, Lessee shall promptly provide the City with as-built plans and
specifications. The City’s consent and approval shall not be required for any routine
maintenance or repair of improvements made by the Lessee pursuant to its obligation to maintain
the Property in good order and repair that does not result in the construction, alteration,
replacement, removal, or major repair of any improvements on the Property. The provisions of
this section do not obviate any permit requirements that may apply to the proposed activity.
7.6 Unauthorized Improvements. Improvements made on the Property without the
City's prior consent pursuant to Subsection 7.4 or which are not in conformance with the plans
submitted to and approved by the City ("Unauthorized Improvements") shall immediately
become the property of the City, unless the City elects otherwise. Regardless of ownership of
Unauthorized Improvements, the City may, at its option, require Lessee to sever, remove, and
dispose of them, charge Lessee rent for the use of them, or both. If Lessee fails to remove an
Unauthorized Improvement upon request, the City may remove it and charge Lessee for the cost
of removal and disposal.
8. HAZARDOUS SUBSTANCES – INDEMNITY.
8.1 Lessee shall indemnify and hold harmless the City from and against any and all
claims, demands, damages, losses, liens, liabilities, penalties, fines, lawsuits, and costs and
expenses which accrue to or are incurred by the City which arise directly or indirectly from the
discovery or cleanup of hazardous substances from the Property which are deposited on the
Property during the term of this Lease. City shall indemnify and hold harmless the Lessee from
and against any and all claims, demands, damages, losses, liens, liabilities, penalties, fines,
lawsuits, and costs and expenses which involve the placement of hazardous substances upon the
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Property prior to or after the termination or expiration of this lease. The provisions of this
section shall survive the termination or expiration of this Lease.
8.2 Hazardous substance shall mean any waste or material defined or designated as
hazardous, toxic or dangerous by any federal, state or local statute, regulation or ordinance
presently in effect or adopted during the term of this Lease.
9. ASSIGNMENT AND SUBLETTING.
9.1 City Consent Required. Except for field use rentals and related concession
rentals, Lessee shall not sell, convey, mortgage, assign, pledge, sublet, or otherwise transfer or
encumber all or any part of Lessee's interest in this Lease or the Property without the City's prior
written consent, which may not be unreasonably withheld by the City. In the event of such
consent, each permitted transferee shall assume all obligations under this Lease, including the
any lease payment. No assignment, sublet, or transfer shall release, discharge, or otherwise affect
the liability of Lessee.
9.2 Lease Payments Following Assignment. The acceptance by the City of any lease
payment following an assignment or other transfer shall not constitute consent to any assignment
or transfer.
9.3 Renting of Property. Lessee has the right to rent the Property on a per hour basis
and retain revenue from such rental. Property may not be rented to a third party for other than
standard field rental without the advanced written approval of the City.
10. INDEMNITY.
10.1 The City shall not be liable for any injury to any person or for any loss of or
damage to any property (including property of Lessee) occurring in or about the leased Property
or the buildings thereon and caused by or resulting from any act or omission by Lessee, any
officer, agent, employee, guest, invitee, or visitor of Lessee; and, during the full term hereof,
Lessee agrees and covenants to indemnify, defend, and hold harmless the City and those persons
who were, now are, or shall be duly elected or appointed officials or members or employees or
agents thereof, against and from any loss, damage, costs, charge, expense, liability, claim,
demand, or judgments of whatsoever kind or nature (including attorney’s fees and costs) whether
to persons or property, to the extent arising on said Property, in or on said building(s), or on any
areas adjoining the same, which is under the control or use of Lessee pursuant to this Lease and
arising out of or in connection with Lessee’s use and occupancy of said Property. City agrees
and covenants to indemnify, defend, and hold harmless the Lessee, its officers, employees, and
agents thereof, against and from any loss, damage, costs, charge, expense, liability, claim,
demand, or judgment of whatsoever kind or nature whether to persons or property, arising out of
or in connection with the City’s negligence in its performance under this Agreement.
10.2 Should a court of competent jurisdiction determine that this Lease is subject to
RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of Lessee and the
City, its officers, officials, employees, and volunteers, the Lessee’s liability hereunder shall be
only to the extent of the Lessee’s negligence.
10.3 IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT
THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE LESSEE’S WAIVER
OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51, RCW, SOLELY FOR THE
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PURPOSES OF THIS INDEMNIFICATION. This waiver has been mutually negotiated by the
parties.
The provisions of Section 10 shall survive the expiration or termination of this Lease.
11. INSURANCE.
11.1 General Commercial Liability Insurance. Lessee agrees to procure and maintain
in force during the term of this Lease and any extension thereof, at its expense, general
commercial general liability insurance. This insurance shall be adequate to protect against
liability for damage claims through public use of or from accidents or other liability arising out of
Lessee’s use or occupancy of the Property and buildings thereon. This insurance shall be in a
minimum amount of $2,000,000 combined single limit per occurrence and $4,000,000 aggregate
for bodily injury, personal injury and property damage which may be covered under a blanket
policy. Lessee agrees that, if such insurance policies are not kept in force during the term of this
Lease and any extension thereof, the City may procure the necessary insurance, pay the premium
therefor, and that such premium shall be repaid to the City on demand. The City shall be named
as an additional insured as to liability arising out of the Property and buildings thereon and the
insurance of Lessee shall be the primary insurance as to said liability.
11.2 Lessee’s Property Insurance .. Lessee shall purchase and maintain for the term of
the lease, property insurance covering any improvements to the premises for their full
replacement value.
11.3 Certificate of Insurance. Lessee shall provide to the City documentary evidence,
certified by the insurer, of all insurance(s) required in this Lease.
11.4 Subrogation. The City shall not be liable to Lessee (by way of subrogation or
otherwise) or to any insurance company insuring the other party for any loss or damage to any
building, structure, or other tangible property, or any resulting loss of income, or losses under
worker’s compensation laws and benefits, if any such loss or damage is covered by insurance
benefiting the party suffering such loss or damage or was required to be covered by insurance
pursuant to this Lease. Lessee shall, upon obtaining the policies of insurance required give
notice to the insurance carrier or carriers that the foregoing mutual waiver of subrogation is
contained in this Lease.
12. MAINTENANCE AND REPAIR.
12.1 The City's Repairs. The City shall not be required to make any alterations,
maintenance, replacements, or repairs in, on, or about the Property, or any part thereof, during the
term.
12.2 Lessee's Repairs, Alteration, Maintenance and Replacement.
(a) Lessee shall, at its sole cost and expense, keep and maintain the Property
and all improvements (regardless of ownership) in good order and repair, in a clean, attractive,
and safe condition.
(b) Lessee shall, at its sole cost and expense, make any and all additions,
repairs, alterations, maintenance, replacements, or changes to the Property or to any
improvements on the Property which may be required by any public authority.
(c) All additions, repairs, alterations, replacements or changes to the Property
and to any improvements on the Property shall be made in accordance with, and ownership shall
be governed by, Section 7, above.
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13. DAMAGE OR DESTRUCTION.
13.1 In the event of any damage to or destruction of the Property or any improvements,
Lessee shall promptly give written notice to the City.
13.2 In the event fire, storm, earthquake or other cause does damage to the
improvements on the demised Property, the Lessee may elect to make such repairs as are
necessary to restore improvements to a safe, neat and useable condition. Otherwise, the City may
elect to terminate this lease by giving notice to the Lessee in writing if the Property is not
restored within a reasonable time after the date of the casualty. City will be responsible for
repairing City-owned improvements, roads, parking, and utilities as elsewhere within the park. If
the park should be abandoned because of severe damage, then the lease shall be terminated and
the Lessee may remove the artificial turf and Lessee’s improvements that are not permanently
affixed to the Property.
13.2 Unless this Lease is terminated, there shall be no abatement or reduction in rent
due to any damage or destruction of the Property.
14. DEFAULT AND REMEDIES.
14.1 Acts Constituting Default. Lessee shall be in default of this Lease on the
occurrence of any of the following:
(a) Failure to pay Rent or other expenses when due;
(b) Failure to comply with any law, regulation, policy, or order of any lawful
governmental authority;
(c) Failure to comply with any other provision of this Lease;
(d) Failure to cure a default pursuant to Section 14.2 below; or
(e) Proceedings are commenced by or against Lessee under any bankruptcy
act or for the appointment of a trustee or receiver of Lessees' property.
14.2 Failure to Cure. A default shall become an event of default ("Event of Default") if
Lessee fails to cure the default within thirty (30) days after the City provides Lessee with written
notice of default, which specifies the nature of the default
14.3 City’s Remedies upon Default. Upon an Event of Default, the City may terminate
this Lease and remove Lessee by summary proceedings or otherwise. The City may also, without
terminating this Lease, relet the Property on any terms and conditions as the City in its sole
discretion may decide are appropriate. If the City elects to relet, rent received by it shall be
applied: (1) to the payment of any indebtedness other than rent due from Lessee to the City; (2) to
the payment of any cost of such reletting; (3) to the payment of the cost of any alterations and
repairs to the Property; and, (4) to the payment of rent and leasehold excise tax due and unpaid
under this Lease. Any balance shall be held by the City and applied to Lessee's future rent as it
becomes due. Lessee shall be responsible for any deficiency created by the reletting during any
month and shall pay the deficiency monthly. The City's reentry or repossession of the Property
under this subsection shall not be construed as an election to terminate this Lease or cause a
forfeiture of rents or other charges to be paid during the balance of the term, unless the City gives
a written notice of termination to Lessee or termination is decreed by legal proceedings. The
City may at any time after reletting elect to terminate this Lease for the previous Event of
Default.
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15. ENTRY BY THE CITY. The City shall have the right to enter the Property at any
reasonable hour to inspect for compliance with the terms of this Lease upon twenty-four (24)
hours notice. The City and/or City’s agents shall comply with all of Lessee’s work safety rules
and restrictions, including but not limited to following Lessee’s warning instructions and,
without prior approval of the Lessee, keep out of restricted areas of the Property due to pesticide,
fertilizer, and other chemical and hazardous substance exposures on the Property.
16. NOTICE. Any notices required or permitted under this Lease may be personally
delivered, delivered by facsimile machine, or mailed by certified mail, return receipt requested, to
the following addresses or to such other places as the parties may direct in writing from time to
time:
The City: City of Bremerton
Attn: Director of Parks and Recreation
680 Lebo Boulevard
Bremerton, Washington 98310
LLeesssseeee:: WestSound FC Soccer Club
P.O. Box 828
Silverdale, WA 98383
A notice shall be deemed given and delivered upon personal delivery, upon receipt of a
confirmation report if delivered by facsimile machine, or three (3) days after being mailed as set
forth above, whichever is applicable.
17. MISCELLANEOUS.
17.1 Authority. Lessee and the person or persons executing this Lease on behalf of
Lessee represent that Lessee is qualified to do business in the State of Washington, that Lessee
has full right and authority to enter into this Lease, and that each and every person signing on
behalf of Lessee is authorized to do so.
17.2 Successors and Assigns. This Lease shall be binding upon and inure to the benefit
of the parties, their successors and assigns.
17.3 Entire Agreement. This Lease, including the exhibits and addenda, if any,
contains the entire agreement of the parties. All prior and contemporaneous agreements,
promises, representations, and statements relating to this transaction or to the Property, if any, are
merged into this Lease.
17.4 Waiver. The waiver by the City of any breach or default of any term, covenant, or
condition of this Lease shall not be deemed to be a waiver of such term, covenant, or condition;
of any subsequent breach or default of the same; or of any other term, covenant, or condition of
this Lease. The City’s acceptance of a rental payment shall not be construed to be a waiver of
any preceding or existing breach other than the failure to pay the particular rental payment that
was accepted.
17.5 Cumulative Remedies. The rights and remedies of the City under this Lease are
cumulative and in addition to all other rights and remedies afforded to the City by law or equity
or otherwise.
EEXXHHIIBBIITT AA
1100
PPeennddeerrggaasstt SSoocccceerr FFiieelldd LLeeaassee
17.6 Time is of the Essence. TIME IS OF THE ESSENCE as to each and every
provision of this Lease.
17.7 Invalidity. If any provision of this Lease shall prove to be invalid, void, or illegal,
it shall in no way affect, impair, or invalidate any other provision of this Lease.
17.8 Applicable Law and Venue. This Lease shall be interpreted and construed in
accordance with the laws of the State of Washington. Any reference to a statute shall mean that
statute as presently enacted or hereafter amended or superseded. Venue for any action arising out
of or in connection with this Lease shall be in the Superior Court for Kitsap County, Washington.
17.9 Attorneys’ Fees: In the event of litigation to enforce any of the terms or
provisions herein, each party shall pay all its own costs and attorney’s fees.
1177..1100 Entire Agreement – Amendments .. This agreement constitutes the whole
agreement between the City and Lessee. There are not terms, obligations, covenants or
conditions other than those contained herein. No modification or amendment of this agreement
shall be valid and effective without the written consent of both parties.
17.11 Survival of Covenants. The covenants contained herein survive the termination or
expiration of the Lease for the applicable statute of limitation periods.
17.12 Quiet Enjoyment. The City covenants and agrees that Lessee, upon performing
the terms and conditions of the Lease, may peacefully hold and enjoy the Property during said
term without any interruption by the City, its successors or assigns. City will use its best efforts
not to interfere with Lessee’s business or right of access to and from the Property during the term
of this Lease.
17.13 Non-Discrimination. The Lessee shall operate the Property in such a fashion to
insure that no person is discriminated against on the basis of sex, national origin, race, creed or
color. In addition, Lessee shall assure that no qualified person with a disability shall be
discriminated against in access to and use of the facility.
17.14 Recording of Short Form Lease. Neither the City nor Lessee may record this
Lease without the other’s prior approval, but the parties will at any time at the request of either
party promptly execute duplicate originals of an instrument, in recordable form, which will
constitute a short form of this lease, setting forth a description of the Property, the terms of this
lease and other provisions hereof, except the rental and other provisions as either party may
request, which may be recorded.
17.15. Duplicate Originals. This Lease Agreement may be executed in duplicate
originals.
THIS AGREEMENT requires the signature of all parties and is executed as of the date
of the last signature below.
CITY OF BREMERTON
______________________________________
By: Patty Lent
Its: Mayor
Date:_________________________________
WESTSOUND FC PREMIER SOCCER
CLUB
_____________________________________
By:__________________________________
Its:__________________________________
Date:________________________________
EEXXHHIIBBIITT AA
1111
PPeennddeerrggaasstt SSoocccceerr FFiieelldd LLeeaassee
APPROVED AS TO FORM:
__________________________
Roger A. Lubovich, City Attorney
STATE OF WASHINGTON )
) §
COUNTY OF KITSAP )
I certify that I know or have satisfactory evidence that Patty Lent is the person who
appeared before me, and acknowledged that she signed this instrument, on oath stated that she
was authorized to execute the instrument, and acknowledged it as Mayor of the City of
Bremerton to be the free and voluntary act of such City for the uses and purposes mentioned in
the instrument.
WITNESSETH my hand and seal this _______ day of _____________________, 201_.
__________________________________________
NOTARY PUBLIC in and for the State of
Washington, residing at .
My commission expires / / .
STATE OF WASHINGTON )
) §
COUNTY OF KITSAP )
I certify that I know or have satisfactory evidence that ____________________ is the
person who appeared before me, and acknowledged that (s)he signed this instrument, on oath
stated that (s)he was authorized to execute the instrument, and acknowledged it to be the free and
voluntary act for the uses and purposes mentioned in the instrument.
WITNESSETH my hand and seal this _______ day of ______________________, 201_.
__________________________________________
NOTARY PUBLIC in and for the State of
Washington, residing at .
My commission expires / / .
R:\Legal\Legal\Files\Current Active Files\Pendergast Park\WestSound FC Premier Soccer Club Lease\WestSound FC Premier Soccer Center
Lease - 5-16-13 - Final.doc
APPROXIMATE
LEASE AREA
PENDERGAST REGIONAL PARK
WEST SOUND FC LEASE
LIGHTED
PARKING AREA
EXHIBIT C
PENDERGAST REGIONAL PARK
OUTDOOR SOCCER FIELDS (7 & 8)
PROPERTY VALUE AND LEASE CALCULATION
LAND VALUE CALCULATION
CONCESSION SITE AREA 256,417 SQ. FT.
SQ. FT. PER ACRE 43,560 SQ. FT.
CONCESSION SITE AREA 5.887 ACRES
PARCEL VALUATION (PER ACRE)$25,000 PER ACRE
CONCESSION SITE LAND VALUE $147,163
LEASE PAYMENT CALCULATION
CONCESSION SITE LAND VALUE $147,163
PREFERED RETURN ON LEASE 7.50%
ANNUAL LAND LEASE $11,037
CONCESSION CALCULATION
ANNUAL LAND LEASE $11,037 per year
SOCCER FIELD LIGHTING CONTROLLER $500 per year
LIGHTING MAINTENANCE (PARKING LOT)$1,000 per year
PARKING LOT MAINTENANCE & REPAIR $1,000 per year
TOTAL CONCESSION AMOUNT $13,537 per year
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Contract award to Nova
Contracting, Inc. for construction of the
Anderson Cove Waterfront Park Low Impact
Development Project
Study Session Date: June 12, 2013
COUNCIL MEETING Date: June 19, 2013
Department: PW & U
Presenter: Chal Martin
Phone: 360.473.5758
SUMMARY: The City received Department of Ecology funding to purchase and construct storm
water improvements on the former Cady property situated at the northeast corner of 19th Street and
Taft Avenue. These improvements will be underlying the future recreational use of the property for
the Anderson Cove area residents. The Low Impact Development (LID) techniques used will consist
of a sand filter for ground infiltration, pervious surfaces, a bio-retention swale, and Filterra water
quality units. The City advertised the project on April 25th and received 7 bids on May 16th. The
apparent low, responsive, responsible bidder was Nova Contracting, Inc. for $284,683.00 including
the bid alternative and sales tax.
ATTACHMENTS: 1) Agreement; 2) Bid Tabulation
FISCAL IMPACTS (Include Budgeted Amount): The project is part of the $1,343,000 grant from the
Department of Ecology for low impact projects. Remaining grant money is $308,628.42 and
identified budget in the 2013 Stormwater fund is $450,000. The apparent low responsive bid is within
the available grant money and identified budget.
STUDY SESSION AGENDA: ☐ No Discussion ☒ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION: Move to approve award of the contract for the Anderson Cove
Waterfront Park Low Impact Development Project and authorize the Mayor to finalize and execute
the agreement with Nova Contracting, Inc., in the amount of $284,683.00, with substantially the same
terms and conditions as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/02/12
Printed: 6/5/2013 at 10:24 AM
Engineer's
Estimate
1 0001 Mobilization (10%)L.S.L.S.10%38,000$
2 0025 Clearing and Grubbing Acre 0.6 $6,000.00 3,600$
3 0050 Removal of Structure and Obstruction L.S.L.S.$1,500.00 1,500$
4 Remove Existing Gravel S.Y.360 $1.50 540$
5 0310 Roadway Excavation Incl. Haul C.Y.120 $15.00 1,800$
6 0431 TON 2,900 $15.00 43,500$
7 1073 Light Loose Riprap TON 60 $40.00 2,400$
8 1163 Underdrain Pipe 12 In. Diam.L.F.18 $75.00 1,350$
9 Drain Pipe 4 In. Diam.L.F.30 $30.00 900$
10 3091 Catch Basin Type 1 Each 10 $1,100.00 11,000$
11 3105 Catch Basin Type 2 48 In. Diam.Each 1 $1,500.00 1,500$
12 1046 Concrete Inlet Each 1 $900.00 900$
13 Solid Wall PVC Storm Sewer Pipe 8 In. Diam.L.F.55 $35.00 1,925$
14 3577 Solid Wall PVC Storm Sewer Pipe 12 In. Diam.L.F.375 $35.00 13,125$
15 Service Connection 1 1/2 In. Diam.Each 1 $1,700.00 1,700$
16 5120 Crushed Surfacing Top Course TON 43 $20.00 860$
17 HMA Cl. B TON 26 $120.00 3,120$
18 6373 Silt Fence L.F.130 $5.00 650$
19 6410 Topsoil Type B C.Y.350 $25.00 8,750$
20 6414 Seeding, Fertilizing, and Mulching Acre 0.6 $5,500.00 3,300$
21 6471 Inlet Protection Each 3 $80.00 240$
22 6479 Wattle L.F.300 $5.00 1,500$
23 6490 Erosion/Water Pollution Control Estimate Est.$2,000.00 2,000$
24 Cement Concrete Curb and Gutter Type A L.F.432 $20.00 8,640$
25 L.F.12 $30.00 360$
26 6971 Project Temporary Traffic Control L.S.L.S.$8,500.00 8,500$
27 Adjust Meter Box Each 1 $200.00 200$
28 Potholing Each 3 $500.00 1,500$
29 Bus Shelter Pad L.S.L.S.$300.00 300$
30 Concrete Collar Each 7 $150.00 1,050$
31 7029 Plugging Existing Pipe Each 2 $300.00 600$
32 7038 Roadway Surveying L.S.L.S.$2,500.00 2,500$
33 Pervious Concrete Sidewalk S.Y.204 $225.00 45,900$
33A 7055 Cement Conc. Sidewalk S.Y.65 $60.00 3,900$
34 7058 Cement Conc. Sidewalk Ramp Type Parallel Each 2 $1,500.00 3,000$
35 Portland Cement Concrete Driveway Approach Type 3 S.Y.11 $45.00 495$
36 7066 Semi-Open Conc. Masonry Slope Protection S.Y.59 $75.00 4,425$
37 L.S.L.S.$1,000.00 1,000$
Gravel Borrow Incl. Haul
Record Drawings
SURFACING
WATER LINES
STORM SEWER
DRAINAGE
STD.
ITEM
NO.
ITEM DESCRIPTION UNIT
Cement Conrcrete Curb Type C-3
QUANTITY UNIT PRICE AMOUNTITEM
NO.
HOT MIX ASPHALT
GRADING
PREPARATION
OTHER ITEMS
TRAFFIC
EROSION CONTROL AND ROADSIDE RESTORATION
Page 1 of 2 Tab: SummaryFile: ITEM-Attachment-001-a97f2e6237dc46ada6a8a28eda38e201.xlsx
Printed: 6/5/2013 at 10:24 AM
38 7490 Trimming and Cleanup L.S.L.S.$1,000.00 1,000$
39 TESC Plan and Implementation L.S.L.S.$1,000.00 1,000$
40 7736 SPCC Plan L.S.L.S.$2,000.00 2,000$
41 7728 Minor Change Calc.Calc.$5,000.00 5,000$
42 Sand Filter LS L.S.$7,000.00 7,000$
43 Contech CDS 2015 Each 1 $10,000.00 10,000$
44 Filterra 4 Ft. x 4 Ft.Each 2 $13,500.00 27,000$
45 Biorentention Swale LS L.S.$8,500.00 8,500$
Sub Total Base Bid 358,482$
Sales Tax (8.6%)30,829$
TOTAL Base Bid - with Sales Tax 389,311$
1 Pervious Concrete Sidewalk with Check Dams S.Y.65 165.00$ 10,725$
Sales Tax (8.6%)922$
TOTAL Bid Alternate A1 - with Sales Tax 11,647$
TOTAL - Base Bid and Bid Alernate A1 400,959$
BID ALTERNATE A1
Page 2 of 2 Tab: SummaryFile: ITEM-Attachment-001-a97f2e6237dc46ada6a8a28eda38e201.xlsx
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Pacific Avenue – 6th to 11th
Streets Project – Installation of Electric
Vehicle Charging Stations
Study Session Date: June 12, 2013
COUNCIL MEETING Date: June 19, 2013
Department: Public Works
Presenter: Martin
Phone: 5758
SUMMARY: With the new bids on the Pacific Avenue project, the issue of how/whether to include
the charging stations is ready to be decided. In the research conducted at Council’s request, a key
constraint emerged: ECOtality, the company which operates the stations provided by the
Department of Commerce grant, controls the fee structure. Our analysis indicates that at $2.00 per
hour, these stations can make money for the City; but at $1.00 per hour (the fee ECOtality insists
on), the stations lose money. ECOtality has held out the possibility that fees could be increased in
the future, but will not commit to a $2.00 fee for Bremerton yet. Given this constraint, the
Administration proposes the following:
1) All infrastructure to support charging stations be installed, as currently provided in the Pacific
Avenue reconstruction contract. This will result in the ability to install four charging stations.
2) For now, install only two of the charging stations at this location. Pursue other locations to install
the remaining two stations.
3) Install the other two charging stations at locations to be determined, if arrangements satisfactory
to the Council can be developed.
ATTACHMENTS:
1. Staff Report
2. Financial analysis w/ $1/hour fee and $2/hour fee
FISCAL IMPACTS (Include Budgeted Amount): At $1.00/hour fee, each station will lose about
$1,425 per year on average over 5 years. If the fee is $2.00/hour, the two stations likely still lose
money initially but can pay for themselves as usage increases.
STUDY SESSION AGENDA: ☐ No Presentation ☒ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to install the base infrastructure for four charging stations in accordance with the Pacific
Avenue Reconstruction Project documents; physically install only two stations, and direct staff to
pursue other locations, to be approved by the Council, for the remaining two charging stations.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/25/13
Page 1 of 2 6/5/2013
MEMORANDUM
TO: Mayor, City Council
FROM: Tom Knuckey
DATE: June 5, 2013
SUBJECT: Electric Vehicle Charging Stations
Review of issues associated with the Electric Vehicle Charging Stations the City received from
the Washington State Department of Enterprise Services was requested by the City Council,
prior to installation of the chargers with the Pacific Avenue project. The following is submitted
to fulfill this request:
Background
The City obtained 4 pedestal mount electric vehicle (EV) charging stat ions from the
Department of Enterprise Services. The EV stations are Blink Level 2 240-volt Pedestal
Chargers provided by ECOtality, North America.
Operational Costs and Revenue
Using the data and assumptions that follow, the annual cost of the four EV c harging stations is
estimated below. The complete calculation is attached.
Annual cost
assuming 25%
usage between
7:00AM and 9:00PM
Annual cost
assuming 50%
usage between
7:00AM and 9:00PM
Annual cost
assuming 75%
usage between
7:00AM and 9:00PM
Operating and
Maintenance Cost
($4,200.00) ($4,200.00) ($4,200.00)
Revenue (Cost) to
Provide Service
($255.50) ($511.00) ($766.50)
Net Revenue (Cost) ($4,455.50) ($4,711.00) ($4,966.50)
The following information and assumptions were used to estimate annual cost:
Revenue – per Amy Hillman (Blink Area Sales Manager, (503) 410 -4357) the typical
rate paid by customers using the Blink Level 2 charging stations is $1.00/hour. In other
areas the rate can be up to $2.00/hour, but the market in our area will likely not bear a
higher rate. The rate is set by ECOtality, not the City. ECOtality retains 50% of the
gross rate paid by customers, and will send the other 50% to the City, assuming the
revenue exceeds $25/month.
Vehicle Power Consumption – per Amy Hillman power usage for one hour vehicle
charges are:
o 4kWh for a 2011 Nissan Leaf, Volt, Mitsubishi
o 7kWh for a 2013 Leaf, Ford Focus, Honda Fit, Tesla
Page 2 of 2 6/5/2013
Amy indicated by far (80% +/-) of the current majority of EV’s on the road use power at
the lower range when charging.
Vehicle Charge Time – per Amy, the intent of public charging stations is for “topping
off”, with an average charge time of 1 to 2 -hours. Based on information obtained, it
appears many electric vehicles can be charged from empty in about 4 -hours using a
level 2 240-volt vehicle charging station; other EV’s require more time. This statement
is made based on the following:
o Per a “Car and Driver” article on the 2012 Ford Focus
(http://www.caranddriver.com/news/2012-ford-focus-electric-revealed-ford-focus-
news) the focus can charge from empty to full charge in 3 to 4 -hours on 240 volt
power.
o Per Nissan (http://www.nissanusa.com/electric-cars/leaf/charging-
range/charging/) it takes about 4-hours to go from empty to a full charge using
240-volt power, and the 6.6kW on-board charger.
o Per Chevrolet (http://www.chevrolet.com/volt-electric-car/faq.html) you can
charge the Chevy Volt in as little as 4 hours using a 240-volt charging station
(charging times increase in temperatures above 95 -degrees or below 25-
degrees.)
o Per http://www.mitsubishicars.com/MMNA/jsp/imiev/12/electric-car-battery-and-
charger.do#/3ways, the Mitsubishi MiEV requires 7-hours to charge using 240
volt power.
Power Usage to Operate the Charging Station - I have not been successful in obtaining
power used by the charging stations when not in use, other than a comment from Amy
Hillman in which she indicated power usage when idle is about equ al to that used when
the chargers are only used once or twice a week. On this basis I estimate idle time
power consumption at 50kW /month per station.
Operating Costs – operating costs per Amy Hillman are as follows:
o ECOtality Operating Fee is $35/month per station
o Power costs is assumed at $0.10/kWh, with usage per the above assumptions
o Cell phone service for each unit runs $15 – 30/month
o Other O&M (cleaning, parts replacement, repairs from vandalism or vehicle
strikes, etc.,) have not been quantified by ECOtality; and they do not provide
O&M service by contract.
Note - if the City were to revise the charge rate from $1.00/hour to $2.00/hour, a break -even is
established at about 50% usage, as follows:
Annual cost
assuming 25%
usage between
7:00AM and 9:00PM
Annual cost
assuming 50%
usage between
7:00AM and 9:00PM
Annual cost
assuming 75%
usage between
7:00AM and 9:00PM
Operating and
Maintenance Cost
($4,200.00) ($4,200.00) ($4,200.00)
Revenue (Cost) to
Provide Service
$2,299.50 $4,599.00 $6,898.50
Net Revenue (Cost) ($1,900.50) $399.00 $2,698.50
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Continued review of proposed
amendments to the City Charter.
Study Session Date: June 12, 2013
COUNCIL MEETING Date: June 19, 2013
Department: City Attorney’s Office
Presenter: Roger A. Lubovich
Phone: 473-2345
SUMMARY: This item is a continuation of the review by City Council of the proposed amendments
to the City Charter for the submission to registered voters at the general election on November 5,
2013. .
ATTACHMENTS: Proposed Charter
FISCAL IMPACTS (Include Budgeted Amount): none
STUDY SESSION AGENDA: ☐ No Discussion ☒ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION: Item for review purposes only.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/02/12
i
CHARTER
OF THE
CITY OF BREMERTON
TABLE OF CONTENTS
ARTICLE I Name, Boundaries, Powers, Definitions
Section 1 Name
Section 2 Boundaries
Section 3 Definitions
Section 4 Rights and Powers
Section 5 Powers – How Exercised
ARTICLE II Elective Officers
Section 6 Officers – Election – Term – Qualifications
Section 7 Change in Districts
Section 8 Compensation – Reimbursement
Section 9 Vacancies – Events Creating
Section 10 Vacancies – Filling
Section 11 Pro Tempore Appointment
ARTICLE III Legislation
Section 12 Powers Vested in Council
Section 13 Council Meetings - Public Notice of Meeting Agendas
Section 14 Open Meetings – Requisites
Section 15 Ordinances – Styles – Requisites – Veto
Section 16 Ordinances – Authentication and Recording
Section 17 Publication of Ordinances or Summary of Ordinances
Section 18 City AuditorPerformance and Efficiency Audits
ARTICLE IV Administration
Section 19 Duties and Authority of the Mayor
Section 20 Appointive Officers – Duties – Compensation
Section 21 Appointment and Removal of Appointive Officers and Employees –
Terms
Section 22 Oath of Appointive Officers and Employees
Section 23 City Attorney
ii
ARTICLE V Finance
Section 24 Organization
Section 25 Receipt, Custody, and Disbursement of Funds
Section 26 Fiscal Year
Section 27 Public Utilities
ARTICLE VI Civil Service
Section 28 Commission, Creation of
Section 29 Commission, Rules and Powers
Section 30 Civil Service Officer
Section 31 Employees Included in Civil Service
ARTICLE VII Boards, Commissions and Committees
Section 32 Member Residency Requirement
ARTICLE VIII Recall, Initiative and Referendum
Section 33 Recall
Section 34 Initiative and Referendum
ARTICLE IX Franchises
Section 35 Franchises – Term – Renewal
Section 36 Franchise – Compensation – Publication
Section 37 Franchise – Council Rights
Section 38 Franchise – Transfers
ARTICLE X Miscellaneous
Section 39 Legal Continuity
Section 40 Employment Continuity
Section 41 Report – Requisites of Claim – Time Limitations
ARTICLE XI Amendments
Section 42 Conform to State Law
1
CHARTER
OF THE
CITY OF BREMERTON
ARTICLE I.
Name, Boundaries, Powers, Definitions
Section 1 - Name:
The corporate name of this City is BREMERTON.
Section 2 - Boundaries:
The existing boundaries may be changed in the manner provided by law.
Section 3 - Definitions:
As used in this Charter, unless the context indicates otherwise:
(1) RCW - Means the Revised Code of Washington, and refers to any subsequent
amendments to statutes referenced in this Charter.
(2) Residence - Residence within any territory included in, annexed to, or
consolidated with the City is construed to have been residence within the City.
(3) Shall - Means mandatory.
(4) May - Means optional.
(5) Appointive Officer – Means those employees appointed by the mayor and
confirmed by the Council as established by Charter and by ordinance.
Section 4 - Rights and Powers:
By and in the corporate name, the City shall have perpetual succession and all powers of a First
Class city; may sue and be sued in all courts and proceedings; use a corporate seal approved by
its legislative body; and, by and through its legislative body, may contract and be contracted
with; may purchase, lease, receive, or otherwise acquire real and personal property of every kind,
and use, enjoy, hold, lease, control, convey or otherwise dispose of it for the common benefit.
Section 5 - Powers - How Exercised:
All powers of this City, unless otherwise provided in this Charter, shall be exercised by, through
and under the direction of a mayor, who shall be the chief executive and administrative officer,
and seven council members who shall constitute the City Council (hereafter referred to as
Council). The Council shall serve as the legislative body of the City. The Mayor and Council
shall be subject to the control and direction of the people at all times by means of the initiative,
referendum and recall provided for in this Charter.
2
ARTICLE II.
Elective Officers
Section 6 - Officers - Election - Term - Qualifications:
(1) Effective until the first day of January 2014, the elective officers of this City shall
be eleven in number: The Mayor and Municipal Judge, who shall be elected by majority vote
from the City at large, and nine part-time members of Council, who shall be elected by majority
vote from each of their respective districts. Effective the first day of January 2014 as set forth in
Section 6(2) below, the The elective officers of this City shall be reduced from eleven to nine in
number: The Mayor and Municipal Judge, who shall be elected by majority vote from the City
at large, and seven part-time members of Council, who shall be elected by majority vote from
each of their respective districts. No person shall be eligible for election to any City office,
unless he or she is a citizen of the United States and has resided in Bremerton for at least one
year preceding election, except the Municipal Judge, who need only be a citizen and reside in
Kitsap County and licensed to practice law in the State of Washin gton. No person shall be
eligible for the position of council Council member while holding any other elective public
office in which he or she receives compensation for holding said office or is otherwise employed
by the city. Candidates for Council must also be residents of their respective districts at the time
of filing. The Mayor shall continuously reside within the City and Council members shall reside
continuously within their district during their elective terms, except as provided in Section 7 of
this Charter. Except as set forth in Section 6(2) below, the terms of all elective officers shall
commence on the first day in January following their election and shall be for a period of four
years until their successors are elected and have qualified.
(2) Effective the first day of January 2014, the Council members and the Council
districts of this City shall bewere reduced from nine to seven in number. Elections for all Council
districts, as redistricted, shall bewere held in 2013. Council members elected in 2013 to represent
districts 1, 3, 5 and 7 as redistricted each shall serve a four year term. Council members elected
in 2013 to represent districts 2, 4, and 6 as redistricted each shall serve an initial two year term.
Thereafter municipal Council Member elections shall be held biennially and the requisite
Council members shall be elected for four year terms.
Section 7 - Change in Districts:
Council may change the boundaries of existing districts by ordinance to make each as equal in
population as practicable, so long as redistricting is approved forty-five days before the fourth
Monday in July. Except as set forth in Section 6(2) above, no change in the boundaries of
districts shall affect the terms of any council members; they shall serve out their terms
representing the district for which they were elected even though such change of district
boundaries may result in more than one council member residing in the same district.
Section 8 - Compensation - Reimbursement:
(1) The Mayor's and Judge's compensation may be increased during a term of office
by ordinance.
(2) There is hereby created the Bremerton Citizen's Commission on Council Salaries
pursuant to RCW 35.21.015 appointed as provided herein to set the salary of the Council
members.
3
(a) The Commission shall consist of three (3) members who shall be
registered voters and residents of the City of Bremerton. No City officer, official, or employee
or immediate family member of any City officer, official or employee shall be eligible for
membership on the Commission. As used in this section, "immediate family member" means
parents, spouse, siblings, children or dependent relative of the officer, official or employee
whether or not living in the household of the officer, official or employee.
(b) Commission members shall be appointed by the Mayor, subject to
approval of Council.
(c) Commission members shall be appointed for three year staggered terms of
office. Commission members may not be appointed to more than two terms.
(d) No member shall be removed during his or her term of office unless for
cause of incapacity, incompetence, neglect of duty or malfeasance in office or for a disqualifying
change of residence.
(e) Upon a vacancy in any position on the Commission a successor shall be
appointed to serve the unexpired term. The appointment shall be made in the same manner as for
original appointments.
(f) The members of the Commission shall receive no compensation for their
services but shall receive reasonable reimbursement for their expenses in accordance with state
law and city ordinance. Staff shall be assigned to the Commission to provide support for its
work.
(3) The Commission authority and responsibility shall be as follows:
(a) The Commission shall study the relationship of salaries to the duties of the
City Council members and shall fix a salary for each such position by an affirmative vote of not
less than a majority of the commission.
(b) Except as approved in this section, the Commission shall be solely
responsible for its own organization, operation and action and shall enjoy the fullest cooperation
of all City officers, officials, departments and employees. The Commission shall have access to
all City books, papers, documents and accounts applying or in any way co ncerning the subject
matter of this section.
(c) The members of the Commission shall elect a chairperson from among
their number every two years.
(d) The Commission shall file any change in its schedule of salaries for the
positions of City Council members with the City Clerk by July 1st of the applicable year so as to
coincide with the City budget cycle.
(e) Each schedule shall become effective thirty days after filing with the City
Clerk. Salary decreases established by the Commission shall become effective as to incumbent
City Council members at the commencement of their next subsequent terms of office. Such
schedule shall be subject to referendum in the same manner as provided by Section 3 4 of this
Charter.
(f) Prior to the filing of any salary schedule the Commission shall hold no
fewer than two public hearings thereon within the four months immediately preceding the filing.
(g) Signature of the chairperson of the Commission shall be affixed on each
schedule submitted to the City Clerk.
(4) The Mayor, Municipal Judge and Council members shall receive reimbursement
for their necessary expenses incurred in the performance of the duties of their office as provided
to City management and professional employees.
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Section 9 - Vacancies - Events Creating:
The position of an elected officer shall become vacant upon the occurrence of any of the
following events:
(1) Death.
(2) Resignation.
(3) Judicially declared incompetency.
(4) Failure to maintain residency as required by Charter.
(5) Failure to qualify within two days after the beginning of term.
(6) Continuous absence from the City for more than thirty days during a term of
office without consent of Council, unless on business of the City.
(7) Conviction of or plea of guilty to a felony or to a crime involving
moral turpitude, or an offense involving the oath of office.
Section 10 - Vacancies -Filling:
(1) A vacancy in the office of the Mayor or Council shall be filled for
the remainder of the unexpired term, if any, at the next municipal general election. Council or the
remaining members thereof by majority vote shall appoint a qualified person to fill the vacancy
until the person elected to serve the remainder of the unexpired term takes office.
(2) If, after thirty days have passed since the occurrence of a vacancy, Council is
unable to agree upon a person to be appointed to fill the vacancy in the office of the Mayor, the
Municipal Judge shall make the appointment from among the persons nominated by members of
Council and if no one has been nominated by the Council then the Municipal Judge may select a
qualified person to fill the vacancy.
(23) If, after thirty days have passed since the occurrence of a vacancy, Council is
unable to agree upon a person to be appointed to fill a vacancy on Council, the Mayor, shall
make the appointment from among the persons nominated by members of Council and if no one
has been nominated by the Council then the Mayor may select a qualified person to fill the
vacancy.
(34) If at any time the membership of Council is reduced below a quorum, the
remaining members, if any, shall appoint the requisite number of qualified persons to create a
quorum who will appoint qualified persons to fill the remaining vacancies. The appointees shall
serve until persons are elected to serve the remainder of the unexpired terms at the next available
special election for partisan offices unless there is an earlier available general election.
(45) If no council members remain, the Mayor shall appoint qualified persons to
temporarily fill the vacancies. The appointees shall serve until persons are elected to fill the
remainder of the unexpired terms at the next available special election for partisan offices unless
there is an earlier available general election.
(56) In the event all Council positions and the Mayor’s position become vacant, the
Municipal Judge, or the Governor of the State of Washington if the position of Judge is vacant,
shall appoint a qualified person as Acting Mayor. The Acting Mayor shall perform, and
appointees shall serve, pursuant to subsection four above.
(67) A vacancy in the office of Municipal Judge shall be filled by the Mayor for the
remainder of the unexpired term, subject to Council confirmation.
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Section 11 - Pro Tempore Appointment:
(1) Annually at the first meeting of Council, or when needed to fill a vacancy, the
members thereof, by majority vote, shall designate one of their number as Council President to
serve as Mayor Pro Tempore, to serve at the request of the Mayor, or to fill an unan ticipated
need in the absence or temporary disability of the Mayor.
(2) The Mayor Pro Tempore shall perform all duties of the Mayor in the absence or
temporary disability of the Mayor, except he or she may only remove appointive officers subject
to Council confirmation after the Mayor has been absent for thirty consecutive days, at which
time the Mayor Pro Tempore may remove such persons subject to any applicable law, rule, or
regulation relating to civil service, with the approval of Council majority plus one.
(3) The Mayor may appoint qualified persons to serve as Municipal Judge pro
tempore pursuant to RCW 3.50.090.
ARTICLE III.
Legislation
Section 12 - Powers Vested in Council:
Council shall have power to organize and regulate its internal affairs, to define the functions,
power, and duties of the City's officers and employees; to fix the compensation and working
conditions of such officers and employees and establish and maintain civil service or merit
systems, retirement and pension systems not in conflict with state law or this Charter. Council
may adopt and enforce ordinances relating to and regulating its local or municipal affairs and
appropriate to the good of the government of the City, and, pursuant to state law, may impose
penalties of fine, or imprisonment, or both, for the violation of such ordinances constituting a
misdemeanor or gross misdemeanor as provided therein. Council may provide that violation of
such shall constitute a civil violation subject to a monetary penalty. Council shall have all
legislative powers possible for a city or town to have under the Constitution of this State. By
way of illustration and not in limitation, such powers may be exercised in regard to acquisition,
sale, ownership, improvement, maintenance, protection, restoration, regulation, use, leasing,
disposition, vacation, abandonment or beautification of public ways, real property of all kinds,
waterways, structures, or any other improvement or use of real or personal property. Such
powers may be exercised in regard to all aspects of collective bargaining, in the rendering of
social, cultural, recreational, educational, governmental, or corporate services, including
operating and supplying of utilities and municipal services commonly or conveniently rendered
by cities or towns. In addition and not in limitation, Council shall have any authority given to
any class of municipality or all municipalities of this state, such authority to be executed in the
manner provided, if any, by the granting statute. Within constitutional limitations, Council shall
have within the City corporate limits all powers of taxation for local purposes allowed by state
law.
Section 13 - Council Meetings - Public Notice of Meeting Agendas:
(1) Council shall meet regularly, at least once a month, at such times and locations as
designated by the Council.
(2) Regular meetings of the Council shall be heldmeet at a place within the corporate
limits of the City, at such times as may be fixed by ordinance or resolution. Special meetings
may be held at a place outside of the corporate limits of the City but within Kitsap County.
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(3) A majority of Council constitutes a quorum.
(4) Meetings of Council shall be presided over by the member selected as Council
President. Appointment of a Council President shall not in any way abridge the President's right
to vote on matters coming before Council at such meetings.
(5) In the absence of the City Clerk or Deputy Clerk or other qualified person
appointed by the Clerk, a council member may perform the duties of Clerk at such meeting while
retaining rights to participate and vote during the meeting.
Section 14 - Open Meetings - Requisites:
(1) All meetings of Council and City boards, commissions and committees shall be
open to the public except as excluded by 42.30 RCW or this Charter.
(2) Conditions for attendance; time and place; procedures for interruption,
adjournments, continuances; executive sessions; adoption of ordinances, rules and regulations;
and prohibition of secret ballots shall be as prescribed within Chapter 42.30 RCW.
(3) Council, by ordinance, shall establish a procedure for notifying the public of
upcoming open meetings and agendas.
Section 15 - Ordinances - Styles - Requisites - Veto:
(1) The enacting clause of all ordinances shall be as follows: "The City of Bremerton
does ordain". No ordinance shall contain more than one subject and that must be clearly
expressed in its title.
(2) No ordinance, or any section or subsection thereof, or any municipal code section
or subsection, shall be revised or amended, unless the new ordinance sets forth the revised
ordinance or the amended section or subsection at full length.
(3) All legislation and appropriation of money shall be by ordinance, save where
there is a special fund created for a particular purpose; payments from such funds shall be made
on order of the Council.
(4) Hearings of ordinances shall be as provided by state law or as designated by
Council. Every ordinance shall have one reading except that, upon a request of a Council
Member, an ordinance shall have two or more readings unless otherwise directed by the Council.
No ordinance shall take effect until at least ten (10) days after publication stated in the ordinance,
except as provided below:
(a) Upon the happening of any non-debatable emergency as enumerated in
RCW 35.33.081, Council may adopt an ordinance addressing the emergency or appropriating
funds not available in the annual budget to meet it by a vote of one more than the majority of all
members of Council, stating the facts constituting the emergency. Such ordinance shall become
effective at passage without notice or hearing, but requires subsequent publication in the official
newspaper.
(b) Ordinances addressing public emergencies not specifically enumerated in
RCW 35.33.081 or appropriating funds to meet such emergencies which could not have been
anticipated in the annual budget, may be appropriated by ordinance declaring an emergency and
stating the facts constituting the emergency. Such ordinance shall not be voted on until five days
have elapsed after its introduction, and shall require the vote of one more than the majority of all
members of Council for passage. Any taxpayer of the City may appear at the meeting at which
the emergency ordinance is to be voted on and be heard for or against the adoption of it. The
ordinance shall become effective upon passage and publication.
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(c) Initiative ordinances adopted by the voters of the City shall take effect at
the time fixed therein or, if no such time is designated within ten (10) days after the official
canvass of the ballots pursuant to state law.
(5) Every ordinance that passes Council in order to become valid must be presented
to the Mayor. If approved, it shall be signed, but if not, it shall be returned with written
objections to Council who shall cause the objections to be entered on the record and proceed to
reconsideration thereof within thirty (30) days of return of the vetoed ordinance. If upon
reconsideration, a majority plus one of the whole membership favor its passage, the ordinance
shall become valid notwithstanding the Mayor's veto. The Mayor's veto with respect to budget
measures shall extend to specific items only, and not to the whole budget. If the Mayor fails for
ten days to either approve or veto an ordinance, it shall become valid without approval.
Ordinances shall be signed by the Mayor and attested by the City Clerk.
Section 16 - Ordinances - Authentication and Recording:
The City Clerk shall authenticate and record in full in a properly indexed book or file kept for the
purpose of retaining all ordinances and resolutions adopted by Council. Copies of such shall be
available for inspection by the public.
Section 17 - Publication of Ordinances or Summary of Ordinances:
Promptly after adoption, the text of each ordinance or a summary of the content of each
ordinance shall be published at least once in the City's official newspaper except bond
ordinances which may be published by title alone. For the purpose of this section, a summary
shall mean a brief description which succinctly describes the main points of the ordinance.
Publication of a summary shall include notice that the full text is available from the City Clerk.
An inadvertent mistake or omission in publishing the text or a summary of the content of an
ordinance shall not render the ordinance invalid.
Section 18 - City AuditorPerformance and Efficiency Audits:
There shall be an Auditing Committee consisting of two Council members and an independent
Certified Public Accountant to be designated by Council, and two Bremerton residents selected
by the designated members of the Auditing Committee. The Auditing Committee shall appoint a
City Auditor who shall serve at the pleasure of the Committee. The City Auditor shall o nly be
removed by the majority vote of the entire membership of the Committee sitting as a whole.
The Council may appoint or authorize the appointment of one or more individuals, firms, and/or
entities to perform performance and/or efficiency audits on an as needed basis as directed by the
Council. The appointment may be by employment or contract. The Council may also assign the
supervision of these services to a City department or officer for budget or reporting purposes
subject to oversight by the Council as deemed appropriate.
ARTICLE IV.
Administration
Section 19 - Duties and Authority of the Mayor:
The Mayor:
(1) Shall be the chief executive and administrative officer of the City in charge of all
departments and employees.
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(2) Shall see that all laws and ordinances are faithfully enforced and that law and
order are maintained in the City.
(3) Shall have general supervision of the administration of city government and all
city interests.
(4) Shall see that all contracts and agreements made with the City or for its use and
benefit are faithfully kept and performed, and to this end, may cause any legal procedures to be
instituted and prosecuted in the name of the City, subject to approval by majority vote of all
members of Council.
(5) Shall report to Council, in a public meeting, concerning the affairs of the City and
its financial and other needs, and shall make recommendations for Council consideration and
action.
(6) Shall prepare and submit to Council a proposed budget.
(7) Shall be the official and ceremonial head of the City and shall represent the City,
except that when illness or other duties prevent the Mayor's attendance at an official function and
the Mayor Pro Tempore is unavailable, a member of Council or some other suitable person ma y
be designated by the Mayor to represent the City on such occasion.
(8) Shall devote full-time, during business hours, to the service of the City and shall
not hold any other public office except notary public.
Section 20 – Appointive Officers - Duties - Compensation:
Appointive officers shall be those provided for by City Charter or ordinance and shall include a
City Attorney and City Clerk. The office of City Clerk may be merged with any other compatible
appointive office. The authority, duties and qualifications of all appointive officers shall be as
prescribed by charter, ordinances, or applicable job description.
Section 21 - Appointment and Removal of Appointive Officers and Employees - Terms:
The Mayor shall have the power of appointment and removal of all appointive officers and
employees, except the City Auditor, City Attorney, Court employees and Council employees,
subject to any applicable law, rule or regulation relating to civil service. Council employees who
serve at the pleasure of the Council may only be removed by a majority vote of Council sitting as
a whole. The head of a department may be authorized by the Mayor to appoint and remove
subordinates in such departments or office, subject to applicable union agreements and any
applicable civil service provisions. All appointments of appointive officers and employees shall
be made on the basis of ability and training or experience in the duties of the position, and in
compliance with provisions of any merit system applicable to the City. Confirmation by Council
of appointments of appointive officers shall be required. Appointive officers shall be without a
definite term unless a term is established for such office by law or ordinance. The Mayor shall
have the sole authority to accept the resignation of any appointive officer.
Section 22 - Oath of Appointive Officers and Employees:
Any appointive officer or employee, before entering upon the performance of his or her duties,
may be required to take an oath or affirmation as may be prescribed by ordinance for the faithful
performance of his or her duties as a condition of employment.
Section 23 - City Attorney:
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(1) Appointment. The Legal Department of the City shall consist of a City Attorney,
and such assistant city attorneys as authorized in the budget. All must be duly licensed attorneys
of the State of Washington in accordance with state statute or court rule. The City Attorney shall
be a full-time in-house City Attorney appointed by the mayor and confirmed by the Council.
The City Attorney may be removed by the Mayor, with the concurrence of a majority of Council
sitting as a whole, or by Council alone, provided that removal by Council alone shall require a
2/3 vote of the entire Council. The City Attorney may remove assistant cit y attorneys at his or
her pleasure.
(2) Duties. The City Attorney shall be legal advisor of all officers, commissions,
boards and committees of the City and shall bring and prosecute all actions which may be
directed by the Mayor or Council, and defend the City in all actions against it and any action in
which the City, any past or present employee, officer, board, committee, or commission is a
party as a result of acts or omissions in the good faith performance of the city’s business.
(3) Special Counsel. Council may at any time retain or appoint special counsel for
specific assignments.
ARTICLE V.
Finance
Section 24 - Organization:
The Mayor shall have charge of finance and shall be responsible for the custody and
management of the City assets.
Section 25 - Receipt, Custody, and Disbursement of Funds:
All payments authorized by Council shall be signed by the Mayor and City Clerk. The City
Treasurer shall receive and keep all monies due and belonging to the City, and all trust funds
held by the City, and shall keep an accurate detailed account of the same in such manner as to
show the exact financial condition of the City. The City Treasurer shall, at the close of each
month, report to Council all the monies received and disbursed during the month.
Section 26 - Fiscal Year:
The City's fiscal year shall be the calendar year. The Council may, by ordinance, establish a
biennial budget.
Section 27 - Public Utilities:
(1) The City shall have power to own and operate any public utility and may
purchase, construct, condemn or acquire any public utility provided by law, and may make any
additions or betterments or extensions of any existing utility, and the provision therefor shall be
by ordinance which shall specify and adopt the plan or system proposed and declare the
estimated cost thereof. Any ordinance providing for a newly owned and operated utility shall be
submitted for ratification or rejection to the qualified voters of the City at a general or special
election called for that purpose. Provided, however, that an ordinance providing for the
extension, enlargement or improvement of an existing utility shall conform to RCW 35.92.070
and need only be submitted to the voters as required thereby.
(2) Nothing in this Charter shall be construed to permit the city of Bremerton to sell
all or any portion of any of the real property now owned or hereafter acquired for water supply
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purposes generally known as watersheds, whether or not currently used for water supply
purposes, unless a question of such proposed sale shall be approved by a majority plus one of the
council membership or shall have been first submitted to the qualified electors of the city by a
majority plus one of the council membership at a municipal general or special election and
assented to by sixty percent of said electors voting on such question.
(3) The City shall not sell, lease or dispose of any utility lands, systems or parts
thereof essential to continued effective utility service, unless and until such disposal is approved
by a majority plus one vote of Council.
ARTICLE VI.
Civil Service
Section 28 - Commission, Creation of:
There is hereby established a Civil Service Commission of three members, who shall be
appointed by the Mayor and confirmed by Council, and who shall be citizens of the United
States, residents of the City for at least one year preceding such appointment. The currently
seated members may serve their current terms. The term of office of such commissioners shall be
for three years on staggered terms. Any vacancies in the commission shall be filled by the
Mayor and approved by Council for the unexpired term. Any member of said commission may
be removed from office for incompetency, incompatibility or dereliction of duty, malfeasance in
office, or other good cause after charges in writing have been preferred, due notice given and a
full hearing had in Superior Court unless such hearing is waived in writing.
Section 29 - Commission, Rules and Powers:
(1) The Commission shall make such rules and regulations for the conduct of its
business and to enforce the purposes of this article as shall be necessary and proper.
(2) The Commission shall provide for the classification of all employees subject to
this Article.
(3) All full time paid employees of the Fire and Police departments of the City shall
be included under the provisions of this Article, and all existing provisions of state law
pertaining to such employees shall be substantially complied with by the Commission. All other
full time employees shall be included under the provisions of this Article unless excluded in
Section 31.
(4) The Commission, among other things, shall provide for open competitive
examination as to fitness for an eligibility list from which vacancies shall be filled; for a period
of probation before employment is made permanent; and for promotion on the basis of merit,
experience, and record. Promotional processing/testing fees shall not be charged.
(5) Employees within the scope of this Article who are in office at the time of the
adoption of this Charter shall retain their positions, unless removed for cause.
(6) The Commission, among other things, shall provide for rules and procedures to
ensure employees due process in regard to any proposed disciplinary action.
Section 30 - Civil Service Officer:
The Commission shall provide for the selection of a civil service officer by the Mayor, with
Council confirmation who shall also serve as secretary.
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Section 31 - Employees included in Civil Service:
(1) The following employees shall be included in Civil Service:
(a) All full time paid employees of the Fire and Police departments of the City
unless specifically excluded or exempt by the City as may be provided by law.
(b) All other full time employees not exempt in Section 31(2) below.
(2) There shall be exempt from the operation of this article the following: elected
officials, appointive officers not covered in Section 31(1) above, management and professional
employees, all non-salaried members of appointive boards and commissions, and any other
employee exempt from the operation of this Article by the Council.
ARTICLE VII.
Boards, Commissions and Committees
Section 32 - Member Residency Requirement:
The Mayor shall appoint all boards, commissions and committees established by ordinance or
charter, except the Audit Committee, with Council confirmation as required by ordinance. All
members of boards, commissions and committees established by ordinance or charter shall be
residents of the City for at least one year prior to appointment and eighteen years of age, unless
otherwise provided by ordinance. Any member of a board, commission and committee
established by ordinance or charter who is not a resident of the City at the time this provision
takes effect shall serve out the balance of the term for which appointed.
ARTICLE VIII.
Recall, Initiative and Referendum
Section 33- Recall:
The holder of any elective office may be recalled and removed from said office as provided in
29.82 RCW.
Section 34 - Initiative and Referendum:
(1) The powers of initiative and referendum shall be exercised in the manner set forth
in RCW 35.17.240 through 35.17.360.
(2) No ordinance heretofore or hereafter enacted by vote of the people shall be
amended or repealed by the Council unless such amendatory or repealing ordinance shall be
submitted to the qualified electors for their approval or rejection in the same manner as is
required by this section in respect to the submission of an ordinance initiated or referred.
ARTICLE IX.
Franchises
Section 35 - Franchises - Term - Renewal:
No franchise shall ever be granted for a term longer than ten years, excepting upon a majority
vote of the electors, and in no event will a franchise be granted for a period longer than fifty
years, nor any franchise be renewed or extended until within two years of the expiration thereof.
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Section 36 - Franchise - Compensation - Publication:
All franchises shall be granted by ordinance and shall specify plainly the streets or other public
places or parts thereof to which they apply, and no franchise shall be provided without provision
for proper compensation to the City therefor. Council shall adopt such mode of determining the
compensation to be paid by such grantee as it shall determine to be reasonable and just. Every
applicant for a franchise shall bear all expenses of advertising and submitting the proposed
ordinance, including the expense of election, if any.
Section 37 - Franchise - Council Rights:
The grant of every franchise shall be made expressly subject to the condition that Council shall
have the right with respect to any franchise so granted to hear and determine what are just, fair
and reasonable rates, fares and charges for public service unless regulated by the State or Federal
government, and to order that only reasonable charges shall be imposed; to require reasonable
extensions of any public service system; to make such rules and regulations as may be required
to secure adequate and proper service, and to provide sufficient accommodation for the public; to
repeal, amend or modify the same; to cancel, forfeit and abrogate the same if the franchise is not
operated or exercised in full accordance with its provisions, or any part thereof, or at all; to
acquire by purchase or condemnation upon a majority vote of the electors for the use of the City
itself or its inhabitants, the property of the grantee at a fair and just value, which shall not include
any valuation of the franchise, which shall thereupon terminate.
Section 38 - Franchise - Transfers:
No franchise shall be transferred, sold or leased without the consent of Council, under such terms
and conditions as the Council may impose.
ARTICLE X.
Miscellaneous
Section 39 - Legal Continuity:
All ordinances and resolutions consistent with this Charter shall remain in effect until amended
or repealed or until they expire by limitation. All rights and obligations in favor of or against the
City existing at the time this Charter shall go into effect shall continue without modification. All
street and other improvements, all vacations of public streets, alleys or places, all assessments for
improvements, all suits and actions in court, all fines and forfeitures and all other matters relating
to the City that may have been begun and not completed, shall be completed according to the
charter, ordinances and law existing prior to the time this Charter shall go into effect, and all
taxes and assessments levied and remaining unpaid when this Charter will go into effect, shall be
collected as provided by ordinances and laws existing and in effect at the time same were levied.
Section 40 - Employment Continuity:
Whenever by the provisions of this Charter duties and functions are transferred to a different
department, board or office, the employees engaged in the performance of such duties and
functions at the time this Charter goes into effect, shall be transferred accordingly and be deemed
to have been regularly appointed to the respective positions involved in the performance of such
duties and functions, until removed therefrom in accordance with the provisions of this Charter.
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Section 41- Report - Requisites of Claim - Time Limitations:
All claims for damages for personal injuries or for injuries to property sustained by any act of the
City or any officer, agent, servant, or employee, must be filed with the City Clerk. All such
claims for damages must be in writing and verified and must accurately locate and describe the
act causing the injury, describe the injury, giving the residence for six months last past of the
claimant and contain the items of damage claimed. No action shall be maintained against the
City for a claim for tort damages until the claim has been filed with the City Clerk and the time
specified by State Law has elapsed after such presentation.
ARTICLE XI.
Amendments
Section 42 - Conform to State Law:
Amendments of this Charter shall follow and conform to the procedures set forth in the State
Constitution and Laws of the State of Washington.
Section 43 – Charter Amended - Effective Date:
Amended by a vote of the people during the general election held November 5, 2013 with an
effective date of January 1, 2014.
R:\Legal\Legal\Files\Current Active Files\Charter Amendments\2013 Charter Amendment\2013 Amendments.doc