City of Port Orchard Council Work Study Session July 18, :30 p.m.

Transcription

1 Mayr: Rb Putaansuu Administrative Official Cuncilmembers: Bek Ashby Chair: Ecnmic Develpment/Turism Staff: Develpment Directr Finance Cmmittee KRCC/PSRC TransPl/PRTPO KRCC TransPl Shawn Cucciardi (Mayr Pr-Tempre) Finance Cmmittee Land Use Cmmittee Fred Chang Chair: Ldging Tax Advisry Cmmittee Staff: City Clerk Utilities & Sewer Advisry (SAC) Cmmittee Ecnmic Develpment/Turism Clancy Dnlin Ecnmic Develpment/Turism Festival f Chimes and Lights KRCC-alt/KRCC TransPl-alt Jhn Clausn Chair: Finance Cmmittee Staff: City Treasurer Land Use Cmmittee Kitsap Public Health District-alt Cindy Lucarelli Chair: Utilities Cmmittee Staff: Public Wrks Directr Chair: Chimes and Lights Staff: City Clerk Chair: Sewer Advisry Cmmittee Staff: Public Wrks KEDA/KADA Sctt Diener Chair: Land Use Cmmittee Staff: Develpment Directr Utilities & Sewer Advisry (SAC) Cmmittee KEDA/KADA-alt PSRC EDD-alt Department Directrs: Nichlas Bnd Develpment Directr Mark Drsey, P.E. Public Wrks Directr City Engineer Debbie Hunt Curt Administratr Allan Martin City Treasurer Geffrey Marti Plice Chief Brandy Rinearsn, CMC City Clerk Cntact us: 216 Prspect Street Prt Orchard, WA (360) City f Prt Orchard Cuncil Wrk Study Sessin July 18, :30 p.m. 1. Discussin: Trademark Plicy (Rinearsn) Page N. 3 Estimated Time: 20 Minutes 2. Discussin: Glf Cart Zne (Putaansuu) Page N. 9 Estimated Time: 20 Minutes Please turn ff cell phnes during meeting and hld yur questins fr staff until the meeting has been adjurned Meeting materials are available n the City s website: r by cntacting the City Clerk s Office, The City f Prt Orchard des nt discriminate n the basis f disability. Cntact the City Clerk s ffice shuld yu need special accmmdatins.

2 This Page Intentinally Left Blank

3 City f Prt Orchard Wrk Study Sessin Executive Summary Issue Title: Prpsed Glf Cart Zne Meeting Date: July 18, 2017 Time Required: Attendees: 20 minutes NA Actin Requested at this Meeting: Review draft Glf Cart Zne Ordinance and prpsed map and prvide input t staff. Issue: Shuld the City adpt a new chapter f the Prt Orchard Municipal cde t designate a glf cart zne in McCrmick Wds. Backgrund: The City was apprached by McCrmick Wds Glf Curse wh requested a glf cart zne in McCrmick Wds. This wuld allw glf carts t be legally perated n public rads. The City Attrney reviewed an rdinance drafted by McCrmick Wds which wuld create a new chapter in the Prt Orchard Municipal Cde allwing fr a Glf Cart Zne. On June 21, 2017, the Land Use Cmmittee reviewed this request and asked fr this and additinal infrmatin t be brught frth t the Cuncil during the July 18, 2017, wrk study meeting. Alternatives: D nt hld this discussin. Recmmendatins: Hld a twn hall meeting in McCrmick Wds. Attachments: Draft rdinance and prpsed Glf Cart Zne map. Page 3 f 28

4 This Page Intentinally Left Blank Page 4 f 28

5 ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, ADOPTING A NEW CHAPTER TO TITLE 10 ( VEHICLES AND TRAFFIC ) OF THE PORT ORCHARD MUNICIPAL CODE TO ESTABLISH A DESIGNATED GOLF CART ZONE; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. WHEREAS, the Revised Cde f Washingtn (RCW) authrizes the Prt Orchard City Cuncil t create a Glf Cart Zne fr the purpses f permitting the incidental peratin f glf carts upn a street f the State f Washingtn under certain circumstances; and WHEREAS, the Prt Orchard City Cuncil finds that it is in the best interests f the citizens f the City f Prt Orchard t authrize a Glf Cart Zne within the McCrmick Wds neighbrhd; t establish certain regulatins relating t the Glf Cart Zne; and t prvide fr penalties fr vilatins f these regulatins; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. A new Prt Orchard Municipal Cde Chapter entitled Glf Cart Zne is hereby adpted and shall read as fllws: Glf carts Defined. Glf cart means a gas-pwered r electric-pwered fur-wheeled vehicle riginally designed and manufactured fr peratin n a glf curse fr sprting purpses and has a speed attainable in ne mile f nt mre than twenty-five (25) miles per hur. A glf cart is nt a nn-highway vehicle r ff-rad vehicle as defined in RCW and RCW Glf carts authrized. Subject t the prvisins f this chapter and RCW , the peratin f glf carts is hereby authrized upn the public radways f the develpment cmmnly knwn as McCrmick Wds as mre fully designated and set frth n file with the City f Prt Orchard ( McCrmick Wds Glf Cart Zne ). Glf carts are nt permitted n nn-mtrized nature r hiking trails within the McCrmick Wds develpment, which is nt part f the McCrmick Wds Glf Cart Zne Obedience t rules f the rad/traffic cntrl devices. Any persn perating a glf cart upn the public radways as authrized in this chapter shall be subject t all f the duties and bligatins applicable t the peratr f a mtr vehicle as per the Washingtn mdel traffic rdinance (Chapter WAC). Page 5 f 28

6 Additinal requirements. Any persn perating a glf cart within the McCrmick Wds Glf Cart Zne shall cmply with the fllwing: (1) Vehicle Operatr License. N persn may perate a glf cart unless such persn carries upn his r her persn a valid Washingtn State vehicle peratr s license. (2) Daylight Operatin. N persn may perate a glf cart at any time frm a half hur after sunset t a half hur befre sunrise. (3) Equipment Requirements. A glf cart must meet the equipment requirements f RCW 46.08, RCW and 49 CFR fr reflectrs, seat belts and rear view mirrrs. (4) Insurance. N persn may perate a glf cart unless the persn is cvered under a liability plicy with liability limits f at least the amunts prvided in RCW Vilatin Penalty. Any persn wh vilates any f the prvisins f this chapter shall be guilty f a civil infractin resulting in a $50.00 fine. SECTION 2. Severability. If any sectin, sentence, clause r phrase f this Ordinance shuld be held t be uncnstitutinal r unlawful by a curt f cmpetent jurisdictin, such invalidity r uncnstitutinality shall nt affect the validity r cnstitutinality f any ther sectin, sentence, clause r phrase f this Ordinance. SECTION 3. Publicatin. This Ordinance shall be published by an apprved summary cnsisting f the title. SECTION 4. Effective Date. This Ordinance shall take effect and be in full frce and effect five days after publicatin, as prvided by law. PASSED by the City Cuncil f the City f Prt Orchard, APPROVED by the Mayr and attested by the Clerk in authenticatin f such passage this day f Rbert Putaansuu, Mayr Page 6 f 28

7 ATTEST: SPONSOR: Brandy Rinearsn, CMC, City Clerk, Cuncilmember APPROVED AS TO FORM: Sharn Cates, City Attrney PUBLISHED: EFFECTIVE DATE: Page 7 f 28

8 Back t Agenda Y WA SISKIN C I R SI IN SK W CIR S OLD CHA NTIN G S VE NA W GREBE WAY EO WIG LAZULI ST CIR SISKIN CIR SISKIN NR FT O CL I OLD CLIFTON RD OLD CLIFTON RD CIR SISKIN CIR FISC AL S T EGR ET S T JA BIR IN WA Y FEIGLEY RD W SW D RUT OLD CLIFTON RD HE RFORD CIR SW W DR S EWS NDR A T S OO DS DR SW DR EWS NDR ST A SW SW W AV E SW HA WK STO NE A VE S W MARYMAC DR E AV E SW SW HAW KST O SW E AV AV E E CT K W DS R SW DR SW P L SW C MI OR C MC D DS OO OO STONE KIL LE SW EN OR N TW WE KW DR PL TH A W M IC OR DS SW LS C MC OO SW AS HR ID GE AV E SW RD P FIG KEN VE W CK TENB Y A GL ENE WE F O X O I RM GL MC C NE A V GL E TR DR NE AG LE OO MC CO RM ICK WO OD SD RS WM NA V E SW CC OR M IC KW TR O OO N O DS SW TU RN BE RR YP LS M KW M IC OR C C O AD ICK NW STA Legend July BR Prpsed Glf Cart Zne CO LB ER TW AY Bundary f glf cart zne McCrmick Wds Speed Limit 25 MPH 30 MPH Page 8 f MPH OpenStreetMap (and) cntributrs, CC-BY-SA

9 City f Prt Orchard Wrk Study Sessin Executive Summary Issue Title: Trademark Plicy Meeting Date: July 18, 2017 Time Required: 20 Minutes Attendees: City Clerk Brandy Rinearsn, City Attrney Sharn Cates Actin Requested At This Meeting: Prvide guidance t City staff n cntent f Trademark Plicy fr use f Wayfinding Lg by third parties Issue: After the City Cuncil directed staff t register the City s Wayfinding Lg as a trademark, City staff has been wrking n creating a plicy fr bth the internal and external use f the lg t prmte turism in the City f Prt Orchard. An earlier versin f the attached plicy was presented t the Ecnmic Develpment Cmmittee fr review and input, and has since been updated t incrprate the input received. The Cmmittee recmmended that the revised versin f the plicy be presented t the City Cuncil fr discussin at this Wrk Study sessin. Backgrund: Alng with sme minr language changes and frmatting revisins that were made based n the input f the Ecnmic Develpment Cmmittee, staff has revised the riginal trademark plicy s license fee prvisins. Originally, the license fee tk the frm f a percentage f ryalties frm manufacturers / merchandisers. Ecnmic Develpment Cmmittee Chair Ashby recmmended that the percentage-based fee be changed t a flat fee, as it will be simpler fr the City s Finance Department t versee and cllect. City staff is prpsing a $100 ne-time flat fee as the license fee fr the use f the Wayfinding Lg. Alternatives: Apprve the City s use f the trademark plicy as written, r request revisins t the plicy. Recmmendatin: Apprve the use f the trademark plicy as presented. Attachments: Redlined and clean cpies f the updated Trademark Plicy (Internal), Trademark Plicy (External), Trademark Applicatin fr Use, and Reslutin. Fllw-up Ntes & Outcmes: Page 9 f 28

10 This Page Intentinally Left Blank Page 10 f 28

11 CITY POLICY FOR USE OF CITY OF PORT ORCHARD S WAYFINDING LOGO The City f Prt Orchard Wwayfinding Llg is a registered fficial mark prtected by the City f Prt Orchard, Washingtn. The lg, including any facsimile theref, is intended fr use by authrized agents r emplyees f the City f Prt Orchard in cnducting the fficial business f the City. Use f the City lg is limited t City cntractrs wrking n City prjects r agencies such as the Chamber f Cmmerce and the Kitsap Peninsula Visitr and Cnventin Bureau t prmte City activities. The lg shall nt be used fr plitical r unauthrized cmmercial purpses. The lg may nt used by third parties n any published material r resurce withut the prir written permissin f the City. Duplicatin and use withut permissin is prhibited by law. INTERNAL CITY USE: Pursuant t POMC 1.22, the Wayfinding Lg is t be used fr fficial City business fr example, City cmmunicatins, merchandise, facilities, signage, events and services. Please cnsult the City Clerk s Office if yu have questins abut the apprpriate use f the Wayfinding Lg fr fficial City business. EXTERNAL USE: There are limited circumstances under which third parties may be granted permissin t use the City lgs n a case-by-case basis fr reprductin (fr example, n websites, publicatins, print materials, , prducts and signage). Any use that falls utside f the plicy specificatins is strictly prhibited. Any assumptin f use, including past usage, is unacceptable. T prtect the City s valuable prperty rights inherent in the Wayfinding Lg, City staff must gvern its limited use by third party entities in a prfessinal, cnsistent manner. With the exceptin f gvernment agencies and public institutins, inaugural r ne-time prgrams and events primarily spnsred by third parties that are unfamiliar t the City r withut a direct cllabrative histry with the City are ineligible t use the Wayfinding Lg. These parameters help the City manage cmmunity expectatins and prtect the City s public image by building and assessing new relatinships with third party entities ver time. Permissin t use the City lgs is a privilege and requires direct, written City apprval in every case. I. Infrmatin n External Use f Wayfinding Lg Trademarked Lg. The City f Prt Orchard s trademarked Wayfinding Lg is a valuable asset. Fllwing the City s Use Guidelines helps the City prtect valuable trademark rights and strengthens ur brand identity. By using the lg, yu are acknwledging that the City is the sle wner f the trademark and prmising that yu will nt interfere with the City s rights in the trademark, including challenging the City s use, registratin f, r applicatin t register such trademark, alne r in cmbinatin with ther wrds, anywhere in the wrld, and that yu will nt harm, misuse, r bring int disrepute any City trademark. The gdwill derived frm using the lg exclusively inures t the benefit f and belngs t the City. Except fr the limited right t use as expressly permitted herein, n ther rights f any kind are granted hereunder, by implicatin r therwise. Need fr a License. Use, reprductin, cpying, r redistributin f the lg is strictly prhibited withut a written trademark license agreement frm the City. If yu d nt have an existing agreement with the City, yu d nt have permissin t use the lg. These tterms and ccnditins set frth in a license agreement are fr thse individuals/entities/rganizatins wh have btained permissin t use the lg in prmtinal materials, r n prducts and packaging that are subject t a crss-prmtinal agreement with the City. The terms f an express written license agreement with the City, tgether with these Terms and Cnditins, make up yur rights and bligatins regarding use f the lg. Fair Use. Limited fair use f the lg is permissible in referring t the City, fr example in a magazine article, withut ur permissin, prvided yu fllw standard trademark usage practice and prvide prper attributin. All ther uses require written permissin. Page 11 f 28

12 II. Prcedure fr Applying fr External Use f Wayfinding Lg : Organizatins requesting permissin t use the Wayfinding Lg shall submit the applicatin frm available frm the City Clerk s Office. The Mayr r his/her designee shall cnsider (as apprpriate) any f the fllwing criteria t evaluate the merits f the third party entity s prpsal and the benefit t the City f c-branding an event r prgram with the third party entity: Demnstrated cmmitment t the City s missin, cre values, City s Strategic Business Plan, and City s Strategic Plan fr Children, Yuth and Families; Impact n City cre services, peratins, assets, and facility resurces; Financial viability; Media expsure value fr key City messages; Ecnmic impact (fr example, alternative funding surces gained fr City pririty prgramming and services); Prtectin f the city s best interests in the shrt/lng term; Prject timelines; Third party entity s experience, qualificatins, and reputatin; Cmmunicatins strategy; Other relevant criteria as determined by the Mayr r his/her designee. The Mayr r his/her designee shall review all applicatins fr apprval, mdificatin r denial. Any applicant may appeal the Mayr s decisin t the City Cuncil within furteen (14) days f receiving written ntice f the Mayr s decisin. T the extent feasible, the City Cuncil will cnsider the appeal at the next regularly scheduled City Cuncil meeting. The City Cuncil s determinatin shall be final. License Agreement: Third party entities granted permissin t use the Wayfinding Lg fr apprved activities shall sign a Trademark License Agreement accepting the City s terms and cnditins f such use. Nt-fr-prfit rganizatins recgnized by the City, State f Washingtn and/r United States may be granted use f the Wayfinding Lg withut a license fee in cnnectin with merchandise fr sale. Fr-prfit crpratins granted permissin t use the Wayfinding Lg in cnnectin with merchandise fr sale shall be required t pay a license fee. The license fee is five percent (5%) f the grss sales amunt f the first sale f all items bearing the Wayfinding Lg, unless therwise waived. The fr-prfit crpratin shall register the City f Prt Orchard as the pint f sale fr said merchandise. III. Use Guidelines : The Mayr r his/her designee shall ensure the fllwing guidelines fr the use f the Wayfinding Lg are adhered t: 1. General Guidelines: Reprductin f the Wayfinding Lg shall adhere t the City s Rreprductin Gguidelines set frth belw; imprper use may result in terminatin f the trademark license agreement and disallw future use f the Wayfinding Lg. Third party entities must submit a pre-event cpy f final artwrk fr apprval by the City Clerk s Office. City lgs d nt imply endrsement r spnsrship f any kind. Unacceptable use f the Wayfinding Lg include: Use that advcates r prmtes the sale r use f tbacc, alchl, cntrlled substances, firearms r weapns; Partnership agreements with retail, fd r pharmaceutical establishments that may sell, in part, Page 12 f 28

13 tbacc, alchl, cntrlled substances, firearms r weapns (fr example:, Ralph s, Target, Big 5 Sprting Gds) shall be permitted prvided that the City s cllabratin with such establishments may nt relate t, advertise r prmte the prhibited items. Use that prmtes prngraphy, bscenity, indecency r ther material ffensive t the prevailing cmmunity standards r persns with rdinary sensibilities; Use that prmtes adult-riented businesses; Use that prmtes religius messages r advcates r prmtes religius beliefs; Use that prmtes, r supprts r ppses, any plitical candidate r ballt measure; Use that prmtes r supprts plitical messages nt endrsed by the City Cuncil; and Use that in any way denigrates the City f Prt Orchard r its peratin, r its fficers, agents r emplyees. 2. Reprductin Guidelines: Prper Use. The fllwing are the City s Reprductin Guidelines fr the prper use f the lg. Any use f the lg that is incnsistent with these guidelines, r ther unauthrized uses f the lg that are cnfusingly similar t the City s trademark, may vilate the City s trademark rights. Any use f the lg ther than under a license agreement with the City may vilate the City s rights. The City s lg r any ther stylizatin f its trademark shuld never be used withut the express written permissin f the City. D Nt Create Cmpsite Marks. The lg must nt appear t be part f any ther mark (whether wrds r graphics). D nt incrprate the lg int yur wn prduct names, service names, trademarks, lgs, r cmpany names, and d nt adpt marks r lgs that are cnfusingly similar t the City Mark. Graphic Elements. The lg shuld be used nly as prvided by the City fllwing btaining permissin frm the City t d s. The lg may nly appear with the wrds, lgtype, graphic elements, and spacing apprved fr use, and may nt be mdified. Variatins f Lg. Yu may nt use a variatin f the City s lg. Variatins f the lg may cnfuse thers as t the surce f gds r services bearing the altered mark, and such uses may infringe the City s trademark rights and be actinable under relevant law. D nt jin the lg t ther wrds, symbls r numbers, either as ne wrd r with a hyphen. D nt use a phnetic equivalent, freign language equivalent, takeff, r abbreviatin f the lg fr any purpse. D nt prtray the lg in a negative, false, disparaging r dergatry light. Always use the prper spelling. Changes t Lg. The lg may nt be distrted, and the clrs listed belw may nt be changed in any way. If yu have a special request, please submit it via r in writing t the City Cuncil/Mayr/City Clerk r designee. - PORT, Pantne ORCHARD, Pantne Wave Green, Pantne Lg Wave Aqua, Pantne 305 Prper Ntice and Attributin. Use the apprpriate trademark symbl and trademark acknwledgment f City wnership f the City s lg. Prhibited Uses. The City des nt permit use f the lg in the fllwing ways: as part f anther trademark; t identify services that are nt the City s; Page 13 f 28

14 in a manner likely t cause cnfusin between prducts and services f the City and thse f anther entity; in a manner that inaccurately implies that the City spnsrs r endrses r is therwise affiliated with ther activities, prducts, r services; in cnnectin with gds r services which, in the City's judgment, may diminish gdwill in the lg, including, fr example, uses which culd be deemed t be bscene, prngraphic, vilent, r therwise in pr taste; r in cnnectin with any unlawful activities r t encurage unlawful activities. City Review. The City reserves the right t review all uses f its lg by thers and t cnduct peridic spt checks f such use. Upn request frm the City, yu must prvide a cpy f any prduct, packaging, r ther materials bearing the lg. Yu must crrect any deficiencies in the use f the lg and/r the quality f the prduct r service used in cnjunctin with the lg upn reasnable ntice frm the City. Refusal t crrect such deficiencies may result in revcatin f the license t use the lg. If yu are interested in btaining permissin t use the City lg, r if yu have any questins regarding these guidelines, please cntact the City Clerk s ffice. IV. Terms and Cnditins fr Use f the Wayfinding Lg: When permissin is given by the City t use the lg, such use must als be in line with the fllwing terms and cnditins, and the permittee must sign a trademark license agreement with the City fr such use. The lg is t be maintained as a symbl f the crdinated identificatin f cmmunity services, pints f interest, and events. Permissin fr use f the lg may nly be prvided by the City Cuncil/Mayr/City Clerk r designee. Use f the lg is restricted t cmmunity events in Prt Orchard that are pen t public participatin, and merchandise sales that prmte the City f Prt Orchard and/r the cmmunity events. Any ther use f the lg must be apprved by the City Cuncil/Mayr/City Clerk r designee. The individual/entity/rganizatin receiving permissin t use the lg shall nt grant permissin t any ther individual/entity/rganizatin t use the lg. The City f Prt Orchard reserves the right t apprve r deny the use f the lg by any individual/entity/rganizatin. Use f the lg which culd be cnsidered t express r imply any endrsement f any plitical candidate is strictly prhibited. The lg shall nt be used nly in cnnectin with marketing fr any entity ther than the City f Prt Orchard. It may nt be used slely t market any ther entity. The lg shall nt be used in any manner which is deceptive r which wuld bring the lg r the City f Prt Orchard int disrepute. The lg may nt be distrted, and the clrs listed belw may nt be changed in any way. If yu have a special request, please submit it via r in writing t the City Cuncil/Mayr/City Clerk r designee. - PORT, Pantne ORCHARD, Pantne 300 Frmatted: Indent: First line: 0" Wave Green, Pantne 397 Page 14 f 28

15 Lg Wave Aqua, Pantne 305 Frmatted: List Paragraph, Justified, Indent: Left: 0.06", Right: 0.25" IV. License Agreement Third party entities granted permissin t use the Wayfinding Lg fr apprved activities shall sign a Trademark License Agreement accepting the City s terms and cnditins f such use. Nt-fr-prfit rganizatins recgnized by the City, State f Washingtn and/r United States may be granted use f the Wayfinding Lg withut a license fee in cnnectin with merchandise fr sale. Fr-prfit crpratins granted permissin t use the Wayfinding Lg in cnnectin with merchandise fr sale shall be required t pay a license fee. The license fee is a ne-time fee f One Hundred Dllars ($100.00). The fr-prfit crpratin shall register the City f Prt Orchard as the pint f sale fr said merchandise. Recipients f Ldging Tax funds will nt be required t submit an applicatin frm r pay a license fee t use Frmatted: Left, Right: -0.19" the Wayfinding Lg; hwever, such recipients are still required t fllw the City s Use Guidelines and t sign a Trademark License Agreement with the City. Frmatted: Fnt: Nt Bld, N underline, Fnt clr: Trademarked Lg. The City f Prt Orchard s trademarked lg is a valuable asset. Fllwing these guidelines helps Text 1 the City prtect valuable trademark rights and strengthens ur brand identity. By using the lg, yu are acknwledging that the City is the sle wner f the trademark and prmising that yu will nt interfere with the City s rights in the trademark, including challenging the City s use, registratin f, r applicatin t register such trademark, alne r in cmbinatin with ther wrds, anywhere in the wrld, and that yu will nt harm, misuse, r bring int disrepute any City trademark. The gdwill derived frm using the lg exclusively inures t the benefit f and belngs t the City. Except fr the limited right t use as expressly permitted under these Terms and Cnditins, n ther rights f any kind are granted hereunder, by implicatin r therwise. Need fr a License. Use, reprductin, cpying, r redistributin f the lg is strictly prhibited withut a written trademark license agreement frm the City. If yu d nt have an existing agreement with the City, yu d nt have permissin t use the lg. These Terms and Cnditins are fr thse individuals/entities/rganizatins wh have btained permissin t use the lg in prmtinal materials, r n prducts and packaging that are subject t a crss-prmtinal agreement with the City. The terms f an express written license agreement with the City, tgether with these Terms and Cnditins, make up yur rights and bligatins regarding use f the lg. Prper Use. The fllwing are general guidelines fr the prper use f the lg. Any use f the lg that is incnsistent with these guidelines, r ther unauthrized uses f the lg that are cnfusingly similar t the City s trademark, may vilate the City s trademark rights. Any use f the lg ther than under a license agreement with the City may vilate the City s rights. The City s lg r any ther stylizatin f its trademark shuld never be used withut the express written permissin f the City. D Nt Create Cmpsite Marks. The lg must nt appear t be part f any ther mark (whether wrds r graphics). D nt incrprate the lg int yur wn prduct names, service names, trademarks, lgs, r cmpany names, and d nt adpt marks r lgs that are cnfusingly similar t the City Mark. Graphic Elements. The lg shuld be used nly as prvided by the City fllwing btaining permissin frm the City t d s. The lg may nly appear with the wrds, lgtype, graphic elements, and spacing apprved fr use, and may nt be mdified. Variatins f Lg. Yu may nt use a variatin f the City s lg. Variatins f the lg may cnfuse thers as t the surce f gds r services bearing the altered mark, and such uses may infringe the City s trademark rights and be actinable under relevant law. D nt jin the lg t ther wrds, symbls r numbers, either as ne wrd r with a hyphen. D nt use a phnetic equivalent, freign language equivalent, takeff, r abbreviatin f the lg fr any purpse. D nt prtray the lg in a negative, false, disparaging r dergatry light. Always use the prper spelling. Page 15 f 28

16 Prper Ntice and Attributin. Use the apprpriate trademark symbl and trademark acknwledgment f City wnership f the City s lg. Fair Use. Limited fair use f the lg is permissible in referring t the City, fr example in a magazine article, withut ur permissin, prvided yu fllw standard trademark usage practice and prvide prper attributin. All ther uses require written permissin. Prhibited Uses. The City des nt permit use f the lg in the fllwing ways: as part f anther trademark; Frmatted: Indent: First line: 0" t identify services that are nt the City s; in a manner likely t cause cnfusin between prducts and services f the City and thse f anther entity; in a manner that inaccurately implies that the City spnsrs r endrses r is therwise affiliated with ther activities, prducts, r services; in cnnectin with gds r services which, in the City's judgment, may diminish gdwill in the lg, including, fr example, uses which culd be deemed t be bscene, prngraphic, vilent, r therwise in pr taste; r in cnnectin with any unlawful activities r t encurage unlawful activities. Frmatted: Indent: First line: 0" City Review. The City reserves the right t review all uses f its lg by thers and t cnduct peridic spt checks f such use. Upn request frm the City, yu must prvide a cpy f any prduct, packaging, r ther materials bearing the lg. Yu must crrect any deficiencies in the use f the lg and/r the quality f the prduct r service used in cnjunctin with the lg upn reasnable ntice frm the City. Refusal t crrect such deficiencies may result in revcatin f the license t use the lg. If yu are interested in btaining perm issin t use the City lg, r if yu have any questins regarding these guidelines, please cntact the City Clerk s ffice. Page 16 f 28

17 CITY POLICY FOR USE OF CITY OF PORT ORCHARD S WAYFINDING LOGO The City f Prt Orchard Wayfinding Lg is a registered fficial mark prtected by the City f Prt Orchard, Washingtn. The lg, including any facsimile theref, is intended fr use by authrized agents r emplyees f the City f Prt Orchard in cnducting the fficial business f the City. Use f the City lg is limited t City cntractrs wrking n City prjects r agencies such as the Chamber f Cmmerce and the Kitsap Peninsula Visitr and Cnventin Bureau t prmte City activities. The lg shall nt be used fr plitical r unauthrized cmmercial purpses. The lg may nt used by third parties n any published material r resurce withut the prir written permissin f the City. Duplicatin and use withut permissin is prhibited by law. INTERNAL CITY USE: Pursuant t POMC 1.22, the Wayfinding Lg is t be used fr fficial City business fr example, City cmmunicatins, merchandise, facilities, signage, events and services. Please cnsult the City Clerk s Office if yu have questins abut the apprpriate use f the Wayfinding Lg fr fficial City business. EXTERNAL USE: There are limited circumstances under which third parties may be granted permissin t use the City lgs n a case-by-case basis fr reprductin (fr example, n websites, publicatins, print materials, , prducts and signage). Any use that falls utside f the plicy specificatins is strictly prhibited. Any assumptin f use, including past usage, is unacceptable. T prtect the City s valuable prperty rights inherent in the Wayfinding Lg, City staff must gvern its limited use by third party entities in a prfessinal, cnsistent manner. With the exceptin f gvernment agencies and public institutins, inaugural r ne-time prgrams and events primarily spnsred by third parties that are unfamiliar t the City r withut a direct cllabrative histry with the City are ineligible t use the Wayfinding Lg. These parameters help the City manage cmmunity expectatins and prtect the City s public image by building and assessing new relatinships with third party entities ver time. Permissin t use the City lgs is a privilege and requires direct, written City apprval in every case. I. Infrmatin n External Use f Wayfinding Lg Trademarked Lg. The City f Prt Orchard s trademarked Wayfinding Lg is a valuable asset. Fllwing the City s Use Guidelines helps the City prtect valuable trademark rights and strengthens ur brand identity. By using the lg, yu are acknwledging that the City is the sle wner f the trademark and prmising that yu will nt interfere with the City s rights in the trademark, including challenging the City s use, registratin f, r applicatin t register such trademark, alne r in cmbinatin with ther wrds, anywhere in the wrld, and that yu will nt harm, misuse, r bring int disrepute any City trademark. The gdwill derived frm using the lg exclusively inures t the benefit f and belngs t the City. Except fr the limited right t use as expressly permitted herein, n ther rights f any kind are granted hereunder, by implicatin r therwise. Need fr a License. Use, reprductin, cpying, r redistributin f the lg is strictly prhibited withut a written trademark license agreement frm the City. If yu d nt have an existing agreement with the City, yu d nt have permissin t use the lg. The terms and cnditins set frth in a license agreement are fr thse individuals/entities/rganizatins wh have btained permissin t use the lg in prmtinal materials, r n prducts and packaging that are subject t a crss-prmtinal agreement with the City. The terms f an express written license agreement with the City make up yur rights and bligatins regarding use f the lg. Fair Use. Limited fair use f the lg is permissible in referring t the City, fr example in a magazine article, withut ur permissin, prvided yu fllw standard trademark usage practice and prvide prper attributin. All ther uses require written permissin. Page 17 f 28

18 II. Prcedure fr Applying fr External Use f Wayfinding Lg Organizatins requesting permissin t use the Wayfinding Lg shall submit the applicatin frm available frm the City Clerk s Office. The Mayr r his/her designee shall cnsider (as apprpriate) any f the fllwing criteria t evaluate the merits f the third party entity s prpsal and the benefit t the City f c-branding an event r prgram with the third party entity: Demnstrated cmmitment t the City s missin, cre values, City s Strategic Business Plan, and City s Strategic Plan fr Children, Yuth and Families; Impact n City cre services, peratins, assets, and facility resurces; Financial viability; Media expsure value fr key City messages; Ecnmic impact (fr example, alternative funding surces gained fr City pririty prgramming and services); Prtectin f the city s best interests in the shrt/lng term; Prject timelines; Third party entity s experience, qualificatins, and reputatin; Cmmunicatins strategy; Other relevant criteria as determined by the Mayr r his/her designee. The Mayr r his/her designee shall review all applicatins fr apprval, mdificatin r denial. Any applicant may appeal the Mayr s decisin t the City Cuncil within furteen (14) days f receiving written ntice f the Mayr s decisin. T the extent feasible, the City Cuncil will cnsider the appeal at the next regularly scheduled City Cuncil meeting. The City Cuncil s determinatin shall be final. III. Use Guidelines The Mayr r his/her designee shall ensure the fllwing guidelines fr the use f the Wayfinding Lg are adhered t: 1. General Guidelines: Reprductin f the Wayfinding Lg shall adhere t the City s Reprductin Guidelines set frth belw; imprper use may result in terminatin f the trademark license agreement and disallw future use f the Wayfinding Lg. Third party entities must submit a pre-event cpy f final artwrk fr apprval by the City Clerk s Office. City lgs d nt imply endrsement r spnsrship f any kind. Unacceptable use f the Wayfinding Lg include: Use that advcates r prmtes the sale r use f tbacc, alchl, cntrlled substances, firearms r weapns; Partnership agreements with retail, fd r pharmaceutical establishments that may sell, in part, tbacc, alchl, cntrlled substances, firearms r weapns (fr example: Target, Big 5 Sprting Gds) shall be permitted prvided that the City s cllabratin with such establishments may nt relate t, advertise r prmte the prhibited items. Use that prmtes prngraphy, bscenity, indecency r ther material ffensive t the prevailing cmmunity standards r persns with rdinary sensibilities; Use that prmtes adult-riented businesses; Use that prmtes religius messages r advcates r prmtes religius beliefs; Use that prmtes, r supprts r ppses, any plitical candidate r ballt measure; Use that prmtes r supprts plitical messages nt endrsed by the City Cuncil; and Use that in any way denigrates the City f Prt Orchard r its peratin, r its fficers, agents r emplyees. Page 18 f 28

19 2. Reprductin Guidelines: Prper Use. The fllwing are the City s Reprductin Guidelines fr the prper use f the lg. Any use f the lg that is incnsistent with these guidelines, r ther unauthrized uses f the lg that are cnfusingly similar t the City s trademark, may vilate the City s trademark rights. Any use f the lg ther than under a license agreement with the City may vilate the City s rights. The City s lg r any ther stylizatin f its trademark shuld never be used withut the express written permissin f the City. D Nt Create Cmpsite Marks. The lg must nt appear t be part f any ther mark (whether wrds r graphics). D nt incrprate the lg int yur wn prduct names, service names, trademarks, lgs, r cmpany names, and d nt adpt marks r lgs that are cnfusingly similar t the City Mark. Graphic Elements. The lg shuld be used nly as prvided by the City fllwing btaining permissin frm the City t d s. The lg may nly appear with the wrds, lgtype, graphic elements, and spacing apprved fr use, and may nt be mdified. Variatins f Lg. Yu may nt use a variatin f the City s lg. Variatins f the lg may cnfuse thers as t the surce f gds r services bearing the altered mark, and such uses may infringe the City s trademark rights and be actinable under relevant law. D nt jin the lg t ther wrds, symbls r numbers, either as ne wrd r with a hyphen. D nt use a phnetic equivalent, freign language equivalent, takeff, r abbreviatin f the lg fr any purpse. D nt prtray the lg in a negative, false, disparaging r dergatry light. Always use the prper spelling. Changes t Lg. The lg may nt be distrted, and the clrs listed belw may nt be changed in any way. If yu have a special request, please submit it via r in writing t the City Cuncil/Mayr/City Clerk r designee. - PORT, Pantne ORCHARD, Pantne Wave Green, Pantne Lg Wave Aqua, Pantne 305 Prper Ntice and Attributin. Use the apprpriate trademark symbl and trademark acknwledgment f City wnership f the City s lg. Prhibited Uses. The City des nt permit use f the lg in the fllwing ways: as part f anther trademark; t identify services that are nt the City s; in a manner likely t cause cnfusin between prducts and services f the City and thse f anther entity; in a manner that inaccurately implies that the City spnsrs r endrses r is therwise affiliated with ther activities, prducts, r services; in cnnectin with gds r services which, in the City's judgment, may diminish gdwill in the lg, including, fr example, uses which culd be deemed t be bscene, prngraphic, vilent, r therwise in pr taste; r in cnnectin with any unlawful activities r t encurage unlawful activities. Page 19 f 28

20 City Review. The City reserves the right t review all uses f its lg by thers and t cnduct peridic spt checks f such use. Upn request frm the City, yu must prvide a cpy f any prduct, packaging, r ther materials bearing the lg. Yu must crrect any deficiencies in the use f the lg and/r the quality f the prduct r service used in cnjunctin with the lg upn reasnable ntice frm the City. Refusal t crrect such deficiencies may result in revcatin f the license t use the lg. If yu are interested in btaining permissin t use the City lg, r if yu have any questins regarding these guidelines, please cntact the City Clerk s ffice. IV. Terms and Cnditins fr Use f the Wayfinding Lg When permissin is given by the City t use the lg, such use must als be in line with the fllwing terms and cnditins, and the permittee must sign a trademark license agreement with the City fr such use. The lg is t be maintained as a symbl f the crdinated identificatin f cmmunity services, pints f interest, and events. Permissin fr use f the lg may nly be prvided by the City Cuncil/Mayr/City Clerk r designee. Use f the lg is restricted t cmmunity events in Prt Orchard that are pen t public participatin, and merchandise sales that prmte the City f Prt Orchard and/r the cmmunity events. Any ther use f the lg must be apprved by the City Cuncil/Mayr/City Clerk r designee. The individual/entity/rganizatin receiving permissin t use the lg shall nt grant permissin t any ther individual/entity/rganizatin t use the lg. The City f Prt Orchard reserves the right t apprve r deny the use f the lg by any individual/entity/rganizatin. Use f the lg which culd be cnsidered t express r imply any endrsement f any plitical candidate is strictly prhibited. The lg shall be used nly in cnnectin with marketing fr the City f Prt Orchard. It may nt be used slely t market any ther entity. The lg shall nt be used in any manner which is deceptive r which wuld bring the lg r the City f Prt Orchard int disrepute. V. License Agreement Third party entities granted permissin t use the Wayfinding Lg fr apprved activities shall sign a Trademark License Agreement accepting the City s terms and cnditins f such use. Nt-fr-prfit rganizatins recgnized by the City, State f Washingtn and/r United States may be granted use f the Wayfinding Lg withut a license fee in cnnectin with merchandise fr sale. Fr-prfit crpratins granted permissin t use the Wayfinding Lg in cnnectin with merchandise fr sale shall be required t pay a license fee. The license fee is a ne-time fee f One Hundred Dllars ($100.00). The frprfit crpratin shall register the City f Prt Orchard as the pint f sale fr said merchandise. Recipients f Ldging Tax funds will nt be required t submit an applicatin frm r pay a license fee t use the Wayfinding Lg; hwever, such recipients are still required t fllw the City s Use Guidelines and t sign a Trademark License Agreement with the City. Page 20 f 28

21 TERMS AND CONDITIONS FOR USE OF CITY OF PORT ORCHARD S WAYFINDING LOGO The City f Prt Orchard wayfinding lg is a registered fficial mark prtected by the City f Prt Orchard, Washingtn. The lg, including any facsimile theref, is intended fr use by authrized agents r emplyees f the City f Prt Orchard in cnducting the fficial business f the City. Use f the City lg is limited t City cntractrs wrking n City prjects r agencies such as the Chamber f Cmmerce and the Kitsap Peninsula Visitr and Cnventin Bureau t prmte City activities. The lg shall nt be used fr plitical r unauthrized cmmercial purpses. The lg may nt used by third parties n any published material r resurce withut the prir written permissin f the City. Duplicatin and use withut permissin is prhibited by law. When permissin is given by the City t use the lg, such use must als be in line with the fllwing terms and cnditins, and the permittee must sign a trademark license agreement with the City fr such use. The lg is t be maintained as a symbl f the crdinated identificatin f cmmunity services, pints f interest, and events. Permissin fr use f the lg may nly be prvided by the City Cuncil/Mayr/City Clerk r designee. Use f the lg is restricted t cmmunity events in Prt Orchard that are pen t public participatin, and merchandise sales that prmte the City f Prt Orchard and/r the cmmunity events. Any ther use f the lg must be apprved by the City Cuncil/Mayr/City Clerk r designee. The individual/entity/rganizatin receiving permissin t use the lg shall nt grant permissin t any ther individual/entity/rganizatin t use the lg. The City f Prt Orchard reserves the right t apprve r deny the use f the lg by any individual/entity/rganizatin. Use f the lg which culd be cnsidered t express r imply any endrsement f any plitical candidate is strictly prhibited. The lg shall nt be used in cnnectin with marketing fr any entity ther than the City f Prt Orchard. The lg shall nt be used in any manner which is deceptive r which wuld bring the lg r the City f Prt Orchard int disrepute. The lg may nt be distrted, and the clrs listed belw may nt be changed in any way. If yu have a special request, please submit it via r in writing t the City Cuncil/Mayr/City Clerk r designee. - PORT, Pantne ORCHARD, Pantne Wave Green, Pantne Lg Wave Aqua, Pantne 305 Trademarked Lg. The City f Prt Orchard s trademarked lg is a valuable asset. Fllwing these guidelines helps the City prtect valuable trademark rights and strengthens ur brand identity. By using the lg, yu are acknwledging that the City is the sle wner f the trademark and prmising that yu will nt interfere with the City s rights in the trademark, including challenging the City s use, registratin f, r applicatin t register such trademark, alne r in cmbinatin with ther wrds, anywhere in the wrld, and that yu will nt harm, misuse, r bring int disrepute any City trademark. The gdwill derived frm using the lg exclusively inures t the benefit f and belngs t the City. Except fr the limited right t use as expressly permitted under these Terms and Cnditins, n ther rights f any kind are granted hereunder, by implicatin r therwise. Page 21 f 28

22 Need fr a License. Use, reprductin, cpying, r redistributin f the lg is strictly prhibited withut a written trademark license agreement frm the City. If yu d nt have an existing agreement with the City, yu d nt have permissin t use the lg. These Terms and Cnditins are fr thse individuals/entities/rganizatins wh have btained permissin t use the lg in prmtinal materials, r n prducts and packaging that are subject t a crss-prmtinal agreement with the City. The terms f an express written license agreement with the City, tgether with these Terms and Cnditins, make up yur rights and bligatins regarding use f the lg. Prper Use. The fllwing are general guidelines fr the prper use f the lg. Any use f the lg that is incnsistent with these guidelines, r ther unauthrized uses f the lg that are cnfusingly similar t the City s trademark, may vilate the City s trademark rights. Any use f the lg ther than under a license agreement with the City may vilate the City s rights. The City s lg r any ther stylizatin f its trademark shuld never be used withut the express written permissin f the City. D Nt Create Cmpsite Marks. The lg must nt appear t be part f any ther mark (whether wrds r graphics). D nt incrprate the lg int yur wn prduct names, service names, trademarks, lgs, r cmpany names, and d nt adpt marks r lgs that are cnfusingly similar t the City Mark. Graphic Elements. The lg shuld be used nly as prvided by the City fllwing btaining permissin frm the City t d s. The lg may nly appear with the wrds, lgtype, graphic elements, and spacing apprved fr use, and may nt be mdified. Variatins f Lg. Yu may nt use a variatin f the City s lg. Variatins f the lg may cnfuse thers as t the surce f gds r services bearing the altered mark, and such uses may infringe the City s trademark rights and be actinable under relevant law. D nt jin the lg t ther wrds, symbls r numbers, either as ne wrd r with a hyphen. D nt use a phnetic equivalent, freign language equivalent, takeff, r abbreviatin f the lg fr any purpse. D nt prtray the lg in a negative, false, disparaging r dergatry light. Always use the prper spelling. Prper Ntice and Attributin. Use the apprpriate trademark symbl and trademark acknwledgment f City wnership f the City s lg. Fair Use. Limited fair use f the lg is permissible in referring t the City, fr example in a magazine article, withut ur permissin, prvided yu fllw standard trademark usage practice and prvide prper attributin. All ther uses require written permissin. Prhibited Uses. The City des nt permit use f the lg in the fllwing ways: as part f anther trademark; t identify services that are nt the City s; in a manner likely t cause cnfusin between prducts and services f the City and thse f anther entity; in a manner that inaccurately implies that the City spnsrs r endrses r is therwise affiliated with ther activities, prducts, r services; in cnnectin with gds r services which, in the City's judgment, may diminish gdwill in the lg, including, fr example, uses which culd be deemed t be bscene, prngraphic, vilent, r therwise in pr taste; r in cnnectin with any unlawful activities r t encurage unlawful activities. City Review. The City reserves the right t review all uses f its lg by thers and t cnduct peridic spt checks f such use. Upn request frm the City, yu must prvide a cpy f any prduct, packaging, r ther materials bearing the lg. Yu must crrect any deficiencies in the use f the lg and/r the quality f the prduct r service used in cnjunctin with the lg upn reasnable ntice frm the City. Refusal t crrect such deficiencies may result in revcatin f the license t use the lg. If yu are interested in btaining perm issin t use the City lg,r if yu have any questins regarding these guidelines, please cntact the City Clerk s ffice. Page 22 f 28

23 APPLICATION FOR USE OF CITY OF PORT ORCHARD S WAYFINDING LOGO The City f Prt Orchard wayfinding lg is a registered fficial mark prtected by the City f Prt Orchard, Washingtn. The lg, including any facsimile theref, is intended fr use by authrized agents r emplyees f the City f Prt Orchard in cnducting the fficial business f the City. Use f the City lg is limited t City cntractrs wrking n City prjects r agencies such as the Chamber f Cmmerce and the Kitsap Peninsula Visitr and Cnventin Bureau t prmte City activities. The lg shall nt be used fr plitical r unauthrized cmmercial purpses. Duplicatin and use withut permissin is prhibited by law. The City f Prt Orchard lg cannt be used by third parties n any published material r resurce withut the prir written permissin f the City. Reprductin f the City s lg must als be in line with the cnditins stipulated n this applicatin. Permissin t reprduce the City s lg is cnditinal upn apprval f the intended use and yur acceptance f the City f Prt Orchard s lg reprductin cnditins utlined belw. Applicant Infrmatin Organizatin Name Street Address Mailing Address (if different frm street address) City State Zip City State Zip Phne Type f Organizatin: Cmmercial Nn Prfit Gvernment Agency Other Lg Use Please describe hw the lg will be used; hw the lg will appear; and distributin f lg Signature Date Print r Type Name Title By signing this applicatin, I acknwledge that, if the City grants me permissin t use the City f Prt Orchard Wayfinding lg, such use is subject t the attached terms and cnditins. Page 23 f 28

24 Please submit cmpleted applicatin t: City Clerk s Office City f Prt Orchard 216 Prspect Street Prt Orchard, WA cityhall@cityfprtrchard.us TERMS AND CONDITIONS FOR USE OF CITY OF PORT ORCHARD S WAYFINDING LOGO The lg is t be maintained as a symbl f the crdinated identificatin f cmmunity services, pints f interest, and events. Permissin fr use f the lg may nly be prvided by the City Cuncil/Mayr/City Clerk r designee. Use f the lg is restricted t cmmunity events in Prt Orchard that are pen t public participatin, and merchandise sales that prmte the City f Prt Orchard and/r the cmmunity events. Any ther use f the lg must be apprved by the City Cuncil/Mayr/City Clerk r designee. The individual/entity/rganizatin receiving permissin t use the lg shall nt grant permissin t any ther individual/entity/rganizatin t use the lg. The City f Prt Orchard reserves the right t apprve r deny the use f the lg by any individual/entity/rganizatin. Use f the lg which culd be cnsidered t express r imply any endrsement f any plitical candidate is strictly prhibited. The lg shall nt be used in cnnectin with marketing fr any entity ther than the City f Prt Orchard. The lg shall nt be used in any manner which is deceptive r which wuld bring the lg r the City f Prt Orchard int disrepute. The lg may nt be distrted, and the clrs listed belw may nt be changed in any way. If yu have a special request, please submit it via r in writing t the City Cuncil/Mayr/City Clerk r designee. - PORT, Pantne ORCHARD, Pantne Wave Green, Pantne Lg Wave Aqua, Pantne 305 Page 24 f 28