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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. TUdit Kitsap Conference Center Expansion Project Submitted in Partnership by The City of Bremerton Kitsap Transit Columbia Hospitality, Inc. _- r • Overvi m ntroduc `e • Curre t peratro • P o e eW .Space KIT 0!9 EMT ' M7 Curre FIRST Y� AID EALTH ST ATION 1 + SERT ��tt: ►,� HE1Cf11 �EI JCTEAM I ' f . .17 � t 1 r _ as ol �JL Centra Facilit uunm IUIIIIII �ua�utt - 1111111111 ENTRANCE FROM MUSEUM FOUKrAIN FOUNTAIN R ENM%NCE VBALCONY r • r r i _ �p k ; y dp jig ark e. -- � • • • • • _. ,. �1 A -= � � O ,--. __ .___ ��.. ��. _... ___ ,,.� � ___ __ ___. i 1. 77 , i i . / /Oft", IIIWA ��i ���������� ------------- - - - - -- IL' � L w a s 7rW X - 0 ' m R l • c y Alk Ar ' usi 1 1 v► �. a4 �y �� n ` '.P � ��• - / �V i� • � = 1 ' V �" � � v . 1 fLS fi �, t � iSrr , ti; � � _ ��� -, + � .,• •S"•� - .�• � - ' + � Ali � !� .� ' w �:� ��� ., a �. - `i A Business P M, es Taxes 0$10 00 $15 00 1 M : 1 . 1 1 / :. • 25 1 111 $30 t r' l l $60372.00 IMF 9/ ® + B R O - ` O L Id rs. �_ � ..`11)1•.•. ►11�� • ' � �. - • a � ! a It i R ! r • s V W ' A dm i n i s t ra ti ve M anag er, Direct o Bremerton o Bremerto 360-473-5722 1 360-473-5200 fax 360-473-5333 1 360-473-2330 - 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. 10 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. 11 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. 12 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. 13 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. 14 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 15 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. 16 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. 17 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 18 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. 19 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 20 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. 21 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. 22 Comcast Cable Television Franchise (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. 23 Comcast Cable Television Franchise 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 24 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. 25 Comcast Cable Television Franchise 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. 26 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. 27 Comcast Cable Television Franchise (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, 28 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 29 Comcast Cable Television Franchise 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 30 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. 31 Comcast Cable Television Franchise 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. 32 Comcast Cable Television Franchise 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 33 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. 34 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 35 Comcast Cable Television Franchise 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 36 Comcast Cable Television Franchise 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 37 Comcast Cable Television Franchise 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 38 Comcast Cable Television Franchise 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. 39 Comcast Cable Television Franchise 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. 40 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 41 Comcast Cable Television Franchise 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. 42 Comcast Cable Television Franchise 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 43 Comcast Cable Television Franchise 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, 44 Comcast Cable Television Franchise 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. 45 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: 46 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. 47 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. 48 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. 49 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. 50 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. 51 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 52 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: _________________________________ 53 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 1 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 6 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 2 2012 International Fire Code Adoption 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 3 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. 4 2012 International Fire Code Adoption 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: 5 2012 International Fire Code Adoption 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 6 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 7 2012 International Fire Code Adoption 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: 8 2012 International Fire Code Adoption 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: 9 2012 International Fire Code Adoption (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: 10 2012 International Fire Code Adoption 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. 11 2012 International Fire Code Adoption 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: 12 2012 International Fire Code Adoption 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 13 2012 International Fire Code Adoption 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 14 2012 International Fire Code Adoption 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. 15 2012 International Fire Code Adoption 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 16 2012 International Fire Code Adoption 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: 17 2012 International Fire Code Adoption 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. 18 2012 International Fire Code Adoption (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. 19 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. 20 2012 International Fire Code Adoption 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 21 2012 International Fire Code Adoption 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. 22 2012 International Fire Code Adoption 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 23 2012 International Fire Code Adoption 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. 24 2012 International Fire Code Adoption (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. 25 2012 International Fire Code Adoption (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. 26 2012 International Fire Code Adoption 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: 27 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. 28 2012 International Fire Code Adoption 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. 29 2012 International Fire Code Adoption 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. 30 2012 International Fire Code Adoption 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. 31 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 32 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: 33 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 34 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 2 Rental Property Registration 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 3 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; 4 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 6 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 EEXXHHIIBBIITT AA 11 PPeennddeerrggaasstt SSoocccceerr FFiieelldd LLeeaassee 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. EEXXHHIIBBIITT AA 22 PPeennddeerrggaasstt SSoocccceerr FFiieelldd LLeeaassee 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. EEXXHHIIBBIITT AA 33 PPeennddeerrggaasstt SSoocccceerr FFiieelldd LLeeaassee 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. EEXXHHIIBBIITT AA 44 PPeennddeerrggaasstt SSoocccceerr FFiieelldd LLeeaassee 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. EEXXHHIIBBIITT AA 55 PPeennddeerrggaasstt SSoocccceerr FFiieelldd LLeeaassee 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 EEXXHHIIBBIITT AA 66 PPeennddeerrggaasstt SSoocccceerr FFiieelldd LLeeaassee 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 EEXXHHIIBBIITT AA 77 PPeennddeerrggaasstt SSoocccceerr FFiieelldd LLeeaassee 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. EEXXHHIIBBIITT AA 88 PPeennddeerrggaasstt SSoocccceerr FFiieelldd LLeeaassee 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. EEXXHHIIBBIITT AA 99 PPeennddeerrggaasstt SSoocccceerr FFiieelldd LLeeaassee 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. 4 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. 5 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. 6 (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. 7 (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. 8 (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: 9 (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 10 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. 11 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. 12 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. 13 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