HomeMy WebLinkAbout07/18/2007 AGENDA
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CITY COUNCil 345 6th Street, Suite 600, Bremerton, WA 98337-1873 0 (360) 473-5280
JULY 18, 2007
CITY COUNCil MEETING AGENDA
1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 PM in COUNCil CONFERENCE ROOM 603
A. General Council Business
2. CALL TO ORDER: 5:30 P.M. in CHAMBERS lOCATED ON FIRST FLOOR
A. Pledge of Allegiance
B. Invocation
3. MAYOR'S REPORT
4. PUBLIC RECOGNITION & ANNOUNCEMENTS
5. CONSENT AGENDA
A. Claims & Check Register (#AB07-168)
B. Minutes of Meeting - July 11, 2007 (#AB07-169)
C. Reappointment of Linda Streissguth to the Planning Commission (#AB07-170)
D. Contract Award for Glenn Jarstad Aquatic Center Pool Tank Renovation (#AB07-171)
E. Purchase of 12 replacement Mobile Computer Terminals (MCTs) and software for Police
vehicles (#AB07-172)
F. Purchase of a refurbished complete rotating assembly (screw conveyor & bowl) for the
existing Humboldt S3-01 Centrifuge at the Westside Wastewater Treatment Plant (#AB07-
173)
G. Purchase of 8 Spring City style street lights for Pacific Avenue (#AB07-174)
H. Approval of PSA with HDR/FISHPRO for design of the Brentwood Drive Fish Passage
Culvert Project (#AB07-175)
I. Sole source contract with NORTHWIND MARINE of Seattle for refurbishment work on Fire
Department Rescue Boat (#AB07-176)
,/ J. Ordinance No. 5017, amending Chapter 9.48 of the Bremerton Municipal Code (BMC)
relating to Permits for Public Displays of Fireworks (#AB07-177)
K. Ordinance No. 5019, approving the Reimbursement Agreement with GEM1 LLC for the
West 580 Zone (#AB07-178)
L. Settlement Agreement and Release between the City of Bremerton and Scott Alexander
and Daryl Matheny (#AB07 -179)
M. Budget Adjustment of $13,100 to Parks & Recreation for the purchase of furniture and
minor equipment for use at Harborside Fountain Park (#AB07-180)
CONTINUED ON BACK...
II Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special
accommodations should contact the City Clerk's Office at (360) 473-5323 by noon on the Monday preceding the Council
meeting.
6. GENERAL BUSINESS
A. Ordinance No. 5018, creating a new Bremerton Municipal Code (BMC) Chapter 10.42
regarding regulating and using photo enforcement devices (#AB07-181)
B. Contract with REDFLEX TRAFFIC SYSTEMS for Photo Enforcement (#AB07-182)
7. COUNCIL MEMBER REPORTS
8. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING
m Americans with Disabilities Act (ADA) accommodations provided uporyrequest. Those requiring special
accommodations should contact the City Clerk's Office at (360) 473-5323 by noon on the Monday preceding the Council
meeting.
PLANNING SEWER CONNECTIVITY
PSC
18 July 2007
Dear Members of the Bremerton City Council
I come before you as a lifelong resident of both the City of Bremerton and Kitsap County
and as a real estate consultant.
My purpose is to encourage you to create and enforce long-range planning for sewer
connectivity to adjacent properties when issuing building permits to current projects.
The Washington State Growth Management Act (GMA) is now over 15 years old in
Kitsap County. The GMA requires growth to be within the urban growth boundaries
(UGA). The act also requires the following elements:
"Counties, in consultation with their cities, are required to contain the following
elements: land use, transportation, housing, capital facilities, utilities, shorelines, and
rural (for counties)."
"Within urban growth areas, all new residential subdivisions, single-family or multi-
family developments are required to provide an urban level of sanitary sewer service
for all proposed dwelling units."
Adopted 12 Dec 2006
This is Kitsap County "footnote rule 48". This rule almost stops growth within the UGA
without sewer service. This makes infill growth impossible ifthere are no sewer hookup
easements available inside UGAs.
In my attached handouts are just two examples within the city where future connectivity
could easily be provided.
In order to make the GMA work, long-range planning needs to provide easements and
stubouts to adjacent private properties for sewer, water and utility stub outs.
Footnotes:
1. The Washington State Growth Management Act: An Overview, GMA passed in
1990.
2. Kitsap County Communidy Development Code, adopted 12 December 2006
John M. Taylor 360-779-8510
GOVERNMENT LOT /
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DATE SUBMITTED:
BILL # D"7-1lo 6
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
5A
..a.aa.........a...........a...am................................am.aGE...Deem......DsBm
SUBJECT:
Committee Meeting Date:
COUNCIL MEETING Date: July 18, 2007
Department: Financial Services
Presenter: Cathy Johnson
Phone: 473-5296
SUMMARY: Consent Agenda item. Approval of checks and electronic fund transfers.
ATTACHMENTS:
FISCAL IMPACTS (Include Budgeted Amount):
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
CONSENT AGENDA D
GENERAL BUSINESS D
PUBLIC HEARING D
RECOMMENDED MOTION: Move to Approve
I) Check #'s 318092 through 318232 and EFT's 7247 through 7258 in the amount of $810,208.38.
2) Regular Payroll for the pay period ending
in the amount of
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
DATE SUBMITTED: JV\Y l:t) :;Lo07
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
BILL #
07- /C,Cf
5&
.......................................................................................,
SUBJECT: City Council Meeting Minutes
for meeting of ::N ll( 1', :;"007
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
N/A
Tv(~ I~ i -;:)007
City ounci(
Will Maupin,
Council President
(360) 473-5280
Phone:
SUMMARY: Attached is a summary of the City Council Meeting held :Jv\'1 \\ I ;;LOO/.
ATTACHMENTS: Meeting Minutes for .J\J\'1 1\, J....OOI
FISCAL IMP ACTS (Include Budgeted Amount): N/ A
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
Council President
N/A
N/A
N/A
COMMITTEE CHAIR
COUNCIL PRESIDENT:
;;tlefJ?l/?~
\ '
CONSENT AGENDA G:r
GENERAL BUSINESS 0
PUBLIC HEARING 0
RECOMMENDED MOTION: Move to approve the Consent Agenda as presented.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
Wednesday, July 11,2007
The weekly meeting of the City Council of the City of Bremerton was called to order in the City
Council Chambers, of the NORM DICKS GOVERNMENT CENTER 345 6th Street, Bremerton, Washington,
Wednesday, July 11,2007, at 5:30 PM, with Council President Will Maupin presiding. Council
members present were Nick Wofford, Carol Arends, Dianne Robinson, Mike Shepherd, Wendy
Priest, Adam Brockus, Cecil McConnell, and Brad Gehring. Also present were City Attorney Roger
Lubovich and Legislative Assistant Lori Smith.
The Pledge of Allegiance was led by Council Member Brad Gehrina followed by the invocation
provided by Pastor Roaer Henniaan of Apostolic Life Tabernacle.
President Maupin announced that a Pre-Council Study Session was held from 5:00 to 5:30 PM in
the Council Conference Room to discuss General Council Business; and to hear a request to
"Approve a Public Display of Fireworks on July 14, 2007 at Miller Woodlawn Memorial Park". Action
is anticipated on this item at tonight's meeting.
PUBLIC RECOGNITION & ANNOUNCEMENTS
Nick Wofford invited the public to attend the Joint Open House and share their thoughts about the
City's 3 ongoing planning projects: the Downtown Sub Area Plan, the Parks Master Plan, and the
Non-Motorized Transportation Plan on Thursday, July 12 from 5:30 to 7:30 PM here in the Chambers.
Brad Gehrina discussed the arrival of the "Dignity Memorial Vietnam Wall", a traveling, %-scale
replica of the Vietnam Veterans Memorial in Washington DC, at the Miller Woodlawn Funeral Home
and Memorial Park this weekend from July 13th through the 15th, which includes a concert by the
Brothers Four and a fireworks display as part of the event on Saturday, July 14. He added that he
enjoyed Jr. Cadillac at the Concert on the Boardwalk last Friday; and reminded everyone to hydrate
and drink lots of water during the hot weather.
Cecil McConnell directed people to contact the Kitsap County Department of Emergency
Management at (360) 307-5870 if they have concerns regarding the hot weather, and noted several
"cooling areas" where citizens can go to stay cool, including the Kitsap Regional Library located at
1301 Sylvan Way, and the Frances Morgan Center located at 3423 6th Street, in addition to movie
theaters, grocery stores, and even the Kitsap Mall.
Wendy Priest reminded the public about the 10-month road closure at Burwell Street from Warren to
Pacific Avenue beginning next Wednesday, July 18 due to Phase I of the Bremerton tunnel project;
and also Jimmy Free's Friends would be the next band to playa free Concert on the Boardwalk on
Friday, July 13 from 6:00 to 8:00 PM.
Adam Brockus provided information for parking and attending the "Opening Celebration" of the new
Tacoma Narrows Bridge on Sunday, July 15 which will include a 5-k Bridge Run/Walk at 8:00 AM, the
Ribbon Cutting & Dedication at 1 :30 PM, and other festivities throughout the day until 4:00 PM. He
established that WSDOT will begin collecting tolls the next day at 4:00 AM on Monday, July 16.
Dianne Robinson encouraged parents to bring their children to the Reading Adventure Program
hosted by the African American Museum located at 1204 Park Avenue every Tuesday and Thursday
from 10:00 AM to 12:00 Noon; and noted they will also include several visits to the downtown library
throughout the summer. Rewards will be provided for reading accomplishments.
Mike Shepherd announced that The Wind Jammers will perform at the next "Tuesday Nights in the
Park" concert series on July 17 from 6:00 to 8:00 PM at Evergreen Rotary Park next to the area
where the Bremerton Farmer's Market is held every Thursday.
City Council Reg. Mtg. Minutes
Wednesday, July 11, 2007
Page 2 of 2
Carol Arends mentioned that although she did not have an announcement, she very much enjoyed
the First Friday Art Walk activities held downtown last week.
Rov Runvon announced that Seattle Mayor Greg Nickels would be in Bremerton for the "Leading the
Way to Clean" event sponsored by the Kitsap Economic Development Alliance and Olympic College
on Monday, July 23 from 8:30 to 10:00 AM in the Fountain Room at Harborside Fountain Park;
commented that he appreciates the labels identifying the plants at the new Harborside Fountain Park,
but would like to see the same type of labels to identify some of the unique rocks found at the park;
he would like to see a tele-working center in downtown Bremerton to enhance the quality of life for
workers and a small business incubator or facility to provide resources and support for small business
entrepreneurs in one place. Lastly, he suggested that the City negotiate a share of the moorage fees
with the Port of Bremerton to help fund City infrastructure.
CONSENT AGENDA
A. Check Numbers 317833 through 318091; and EFT-7225 through EFT-7246 in the amount of
$3,603,638.69 for the period ending June 30,2007; Regular Payroll in the amount of $701,037.66
for the pay period ending June 30, 2007 (#AB07 -165)
B. Minutes of Meeting - July 2,2007 (#AB07-166)
C. Approval of Public Display of Fireworks on July 14, 2007 at Miller Woodlawn Memorial Park
(#AB07-167)
There were no comments from the public.
05:44:15 M/S/C/U (Priest/Arends) Move to approve the CONSENT AGENDA as presented.
With no further business, President Maupin adjourned the Council Meeting at 5:45 PM. The Council
reconvened in the Council Conference Room for a STUDY SESSION to hear presentations on
upcoming agenda items.
p~~;~t
./
L I MITH
Legislative Assistant
Attest:
PAULA JOHNSTON, City Clerk
WILL MAUPIN, City Council President
WM:PJ:ls:cg
DATE SUBMITTED: July 12,2007
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
61'\) gJr 07 - 170
· · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · . . . . . . . . . . . . . . S(,. . . . I
SUB.JECT: Reappointment to the Planning
Commission. t...iV\clCl 5t'rtiSSjtAfu
Committee Meeting Date:
COUNCIL MEETING Date: July 18,2007
Department: Executive
Presenter: Mayor Bozeman
Phone: 473-5266
SUMMARY: Linda Streissguth's term on the Planning Commission will expire on July 30, 2007 and
it is recommended she be reappointed to the Planning Commission.
A TT ACHMENTS: Application for reappointment available in the Mayor's office.
FISCAL IMPACTS (Include Budgeted Amount): N/A
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR: e ~
MAYOR: -.l ;_-:
-,
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
I CONSENT AGENDA J?I
RECOMMENDED MOTION: Move to confirm the reappointment of Linda Streissguth to the
Planning Commission.
COUNCIL ACTION: ~ Approve 0 Deny 0 Table
o Continue 0 No Action
DATE SUBMITTED: July 3,2007
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
6iOM'07- 17(
51>
...........................................................................................
SUBJECT: Glenn Jarstad Aquatic Center
Pool Tank Renovation Contract A ward.
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
July II, 2007
July 18, 2007
Parks & Recreation
Jeff Elevado
473-5428
SUMMARY: Sealed bids for the project titled "Glenn Jarstad Aquatic Center Pool Tank
Renovation" were opened on July 9,2007. The estimate for the project is $100,000.00. -1- bid was
received for this project. Orca Pacific. Inc. was the lowest responsive, responsible bidder with a bid
amount of $ 108.545.70 (including sales tax).
A TT ACHMENTS: Council Summary & Bid Tabulation
FISCAL IMPACTS (Include Budgeted Amount): This project is identified in the 2007 Parks &
Recreation Departments Capital Improvement Plan and is budgeted for in the 2007 Capital
Improvement Budget.
APPROV ALS:
DEP ARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
(4_ . c..,
ww\ V\'\ l:l+'e.e~ .~
~~#(~
RECOMMENDED MOTION: ~
Move to award a contract in the amount of$108.545.70 (including sales tax) to Orca Pacific, Inc. to
provide materials and labor to renovate the pool tank at the Glenn Jarstad Aquatic Center as specified
and authorize the Mayor to finalize and execute the necessary contract documents for completion of
this project.
I CONSENT AGENDA )&1
COUNCIL PRESIDENT:
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
COUNCIL SUMMARY
Glenn Jarstad Aquatic Center Pool Tank Renovation
Contract Summary:
This contract provides for the repair and renovation of the pool tank and tank
fixtures at the Glenn Jarstad Aquatic Center. The existing plaster tank was
lined with a PVC liner in 1993 to address issues with the failing plaster bottom.
The liner is now failing is several areas and requires replacement. This project
consists of removing the existing liner, repairing damaged areas of plaster,
removal and replacement of racing lane and wall target tile, repair of main
drains, steps and floor inlets, and application of a final finish coat of plaster to
provide a smooth surface, all in accordance with the specifications.
Fiscal Summary:
This project is budgeted for in the department's 2007 Capital Improvement
Budget.
CITY OF BREMERTON
BID TABULATION
\
I
BID TITLE:Tf\-iZSTfL~ A-QU~TlL ~~
-r~lA RGNQ\JkTlO,J
DATE OPENED: . 7 /09 107
OPENED BY: \ +; l \ I
TIME OPENED:-LI '. aD
RECORDED BY:~ \ \
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\- NAME OF BIDDER BOND ITEM 1 ITEM 2 ITEM 3 ITEM 4 ITEM 5 ITE;M 6 SALES TOTAL \
TAX I
fJ ft-u F; c ,
o R..cf4 . CR 950.n:J 9t;9(.70 . IOrs S'+S.70
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SUMMARY TOTAL BID COMMENTS
APPARENT LOW BIDDER ENGINEE~ ESTIMATE (I~C SALES TAX) $ {Oo GOO \ 00
lo'6 54--5,70
. .. . 1
SECOND LOiN BIDDER
THIRD LOW BIDDER
Ii
DATE SUBMITTED:
BILL #
07- /7d-
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SE
........................................................................................
SUBJECT: Purchase of 12 replacement
Mobile Computer Terminals (MCTs) and
software for Police vehicles
Committee Meeting Date: July 11, 07
COUNCIL MEETING Date: July 18,07
Department: PW & U
Presenter: Bill Eley
Phone: 473-5293
SUMMARY: The City plans to purchase 12 Panasonic Toughbook CF74 MCTs and Microsoft
Office software to replace 12 Panasonic Toughbook CF27 MCTs. This is part of an ongoing
replacement program. The old units are Pentium III technology and they cannot run the latest records
software and wireless applications. The purchase is covered by an Inter Local Agreement with the
City of Lynnwood, W A who bid their acquisition and awarded the contract to Datec, Inc. This
acquisition is included in the expenditure budget oflnformation Technology for 2007. The Microsoft
Office software will be licensed through WS DIS using State contract pricing
ATTACHMENTS:
1 . Datec Quote
2. Lynnwood ILA
3. Lynnwood Contract
4. State Software Price List Extract
FISCAL IMPACTS (Include Budgeted Amount): $50,000 in the 2007 Information Technology
Budget for this purpose.
APPROV ALS:
DEP ARTMENT DIRECTOR
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
CONSENT AGENDA 18f
GENERAL BUSINESS D
PUBLIC HEARING D
RECOMMENDED MOTION: Move to approve the purchase of 12 Panasonic Toughbook CF74
MCTs and Microsoft software in the amount 01'$48,979.08
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
Contact:
o R P 0 RAT E D
Quote Prepared for:
Bob Stein
364 Upland Drive
Seattle, WA 98188
Ph 206-575-1470
Fax 206-575-1475
City of Bremerton
Bill Eley
Quote# 70619001
Date: 06/19/07
Terms: Net 20 Days
Validity: 30 Days
Part Number
Ext. Price
Description
Qty Unit Price
Toughbook 74
Options &
Accessories
Mounting Hardware
D&R CF-74
Charge Guard
Lind
Intel Core Duo T7300 Centrino
13.3" Transmissive XGA Touch Screen
Display protective Film Cover
I GB RAM
80GB HDD
56K Modem
Ethernet
Intel 802.II a+b+g
Bluetooth
DVD/CDRW
AC Adapter
Lithium Ion Battery
Windows XP SP2
3 Year Limited Warranty
12
$2,850.00 $
34,200.00
3 Year No Fault Warranty
4 Yeat No Fault Warranty
Standard Warranty Extension for 4th Year
Extra Protective Display Film Covers
12 $ 250.00 $ 3,000.00
0 $ 620.0
0 $ 280.00
12 $ 75.00 $ 900.00
0 $ 125.00 $
0 $ 89.00 $
0 $ 125.00 $
Mounting Tray
Charge Guard (optional)
DC Power Adapter
, " "~,.:..' F'; (.'. .,;&~~" .~~lie'''':*::.o "
.~g ;:~1 "'""~;"":"'''''~,,",_\~,.f'~)'li~, t:~..-4"l;~r ~
f .~). '" ""'" ~",Tjj'. ~_ :\!\'''li" ~;'" .
Sub Total $
WSST $
Freight $
Total $
38,100.00
3,352.80
180.00
41,632.80
06/10/2003 TUE 9:34 FAX e
~."'"
..
~ 002/002
~6/1B/2003 07:32
35047852ee
PAGE €I2/e2
COOPERATIVE PURCHASING AGRE8JleklR I G I A I
. IIv4l
In accordance with I=lCW Chapter 39.34 and to all other applicable laws, The City of
Lynnwood and the _ ('...~. of r;3.L .,....,.".-, A .h,.".,.J I hereby agree to
cooperative government purchasing agreement for various supplies, materials,
equipment and services, using competitively awarded contracts. The following terms
and conditions:
1. Each agency, in contracting for the purchase of supplies, materials, equipment and
services, agrees at its discretion, to extend contracts for shared use to the extent
permitted by law and agreed upon by those parties and vendors.
2. Each agency is responsible for compliance with any additional or varying laws and
regulations regarding purchases.
3. Any purchases shall be affected by a purchase ortler from the purchasing agency
and directed to thevendor(s).
4. The originating contracting agency does not ac;cept responsibility or liability for the
performance of any vendor used by 1he purchasing agency as a result of this
agreement.
5. Eaoh agency shall be responsible for the payment of any item(s) purchased through
a contract or purchase order that resulted from this Agreement.
6. This Agreement shall remain in force until cancelled in writing by either party.
By:
Name:~. ,22~
/J1~J~
6).'~h3.
, /'
By;
City of Lynnwood:
Date:
Name: .-AI ;lr1UJ /-IJtk &
Title: ~U%h~ ~ ~Jndrttd51fj
Dale: b f;
Title:
City of Lynnwood
Panasonic Ruggedized Laptops
And accessories
Contractor: Datec I nc
Contact: Alex Almonte, Datec lnc
Phone: 206-575-1470
Duration: September 9, 2002 through September 9, 2004
Renewals Options: September 9,2004 to September 9,2006
Competitive Bid
Award: Low Bid
Advertised:
Daily Journal of Commerce, Everett Herald and Tacoma Tribune
August 7,2002, August 14, 2002 and August 21,2002
City Contact:
City of Lynnwood
Nancy Locke, Purchasing & Contracts Manager
Phone: 425-670-6602
Email: nlocke@ci.lynnwood.wa.us
ADDENDUM ONE
City of Lynnwood
Contract Title: Panasonic Laptop and Accessories #994
This Agreement is made and executed this 5th day of March 2003, by and between the City of Lynnwood
("Lynn wood"), a Washington Municipal Corporation, and Datec, Inc., ("Contractor") and is an addendum to the contract
entered into between Lynnwood and Contractor for Panasonic Laptop Equipment, #994 ("Contract").
IN CONSIDERATION of the promises and mutual covenants contained in the Parties Contract and 111 this
Addendum, it is mutually agreed as follows:
I. Discount pricing shall be as attached, effective March 5, 2003.
2. Contractor agrees to deeper discount for Model 07, in exchange for increases in discount rates to older
model products; and
3. Contractor agrees to no further changes to the discount structure throughout the life of the contract,
including all extensions, except and unless for the purpose of discounting further to the favor of the City,
the discount structure as attached;
above,
IN WITNESS WHEREOF, the parties have signed this agreement, effective on the date indicated
CITY OF L YNNWOOD
CONTRACTOR.
Mike McKinnon, Mayor
Date:
Date:
ATTEST
i\like Bailey, Finance Director
*
City of Lynnwood
Panasonic Rugged Laptops and Accessories
Pricing Effective March 5,2003
~PPllcable local Sales TalC and freight will be calculated at time of invoice. I Discount from Retail --
Panasonic Tough Books (with and without integrated options).
f----
Model 28 including future model upgrades 20 % below retail
1---- % below retail
Model 34 including future models upgrades 17
Model 48 including future models upgrades 17 % below retail
1----
Model 72 including future model upgrades 17 % below retail
f----
PDRC including future model upgrades 24 % below retail
07 including future model upgrades 17 % below retail
Panasonic Laptop Accessories: Panasonic manufacturer laptop 15 % below retail
~~sories for all models named above.
THIRD PARTY ACCESSORIES - OPTIONAL
discount rates for other third-party accessory products, for which Bidder is a Certified reseller (if any). Discount rates shall
be below the standard retail pricing of the manufacturer in effect on the date the Purchase Order is received
Optional Third Party Accessory Products Discount Rate
Sierra Wireless CDPD Modems Air Card 300 6 % below retail
Sierra Wireless CDPD Models - Air Card 750/755 2 % below retail
Sierra Wireless CDPD Models - Air Card 350 7 % below retail
Sierra Wireless Air Card 350 Booster Module 7 % below retail
Sierra Wireless Air Card 250 Booster with GPS 5 % below retail
Sierra Wireless CDPD 3 watt MPD200 Modem 5 % below retail
Sierra Wireless Dart 200 COPO Wireless Modem 9 % below retail
Sierra Wireless Accessories, Software, Training (1 year warranty /accessories) 7 % below retail
Gamber Johnson Mounts 19 % below retail
Gamber Johnson Accessories (1 year warranty) 19 % below retail
ORA Mount 10 % below retail
ORA Accesories 10 % below retail
LED Co Docking Station 10 % below retail
LED Co Accessories (1 year warranty) 10 % below retail
Kodiak Mobile Docking Station 12 % below retail
Kodiak Mobile Accessories 12 % below retail
-
L&E Mounts 10 % below retail
--
L&E Accessories (1 year warranty) 10 % below retail
Enfora Wireless Equipment 5 % below retail
'---
2
Contract Number: 994
OFFER SHEET (paQe 1 of 4)
Statement of Business Responsibility
Name of Business: Datec Inc
Contact Name: Alex Almonte
Business Address:
364 Upland Drive Seattle WA 98188
Phone: 206-575-1470 Fax: 206-575-1475
E-Mail: alexa@datecinc.net
o Please mark box if you are a Women/Minority business (self designation; does not require certification). Not a
consideration in calculation of award
o How did you learn of this bid opportunity?
_" GovCommerce.net
:~ Daily Journal of Commerce
Everett Herald
~ Lynnwood Website
., Other
1. FID/SSN: 91-0930538
2. Name of Owner: David Almonte, President
3. Does company maintain general liability insurance:
Yes: j'es_ No:
General Liability insurance of at least $1,000,000 per occurrence;
$1,000,000 aggregate, Combined Single Limit (CSL);
Automobile liability of at least $1,000,000 per accident CSL
Insurance Broker Name: Ben Franklin - BFIA
Insurance Broker Phone: 630-467-2620
Insurance Broker Fax: 630-467-2620
4. Are claims pending against this insurance policy? Yes:_ No:_no
5. Has company been in bankruptcy, reorganization or receivership in the last five years? Yes:_ No:_no_
6. Has company been disqualified or debarred by any public agency, including the Federal Government, from
participation in public contracts? Yes:_ No:_no_
7. Has the company operated at least the past 2 years without interruption? Yes:~es_ No:_
8. Is Vendor an Authorized TP3 provider of Panasonic equipment? Yes: ~es_ No:_
a. Please attach the TP3 Authorization from Panasonic. CERTIFICATE ON FILE at L YNNWOOD
9. Buy America Certification: The bidder or Offeror hereby certifies that it will meet the Buy America requirements of 49
USC 53230)(1) and the applicable regulations in 49 CFR Part 661, per conditions stated in the ITB:
Sign here to indicate concurrence with Buy America: _signed
3
OFFER SHEET (paQe 2 of 4)
Having carefully examined this entire solicitation and all related documents, the undersigned proposes to perform all work in strict
compliance this solicitation document and any submitted Offer, for amounts set forth below. Submission of this signed offer is a signed
agreement by Offeror to all Terms and Conditions, contract requirements, specifications, and all conditions named herein. Submission by
Bidder shall be binding on and become contractual obligations of such bidder. Offers become a contract with all specifications, terms and
conditions herein a part of that contract, upon Lynnwood 's co-signing the Offer and returning an Accepted Offer to Bidder. Offers also
may become a contract with the State of Washington, upon acceptance of the Offer by the State of Washington.
Note: Refer to page 4 for award criteria.
NOTE: Initial erasures, cross-outs, changes or corrections.
PANASONIC PRODUCTS
Specify sources that purchaser may use to routinely obtain the Panasonic manufacturer list price:
o Internet (specify): Datec can provide custom internet site with current costs
o Company Rep (specify name, phone, e-mail):AlexAlmonte.206-575-1470.alexa@datec.net
o Other (specify): mail, e-mail, personal visits
Specify Panasonic Pricing (Discounts below Panasonic retail price list in effect the day each Purchase Order is received):
SEE ADDENDUM #1
Applicable local Sales Tax and freight will be calculated at time of invoice. Discount from Retail
Panasonic Tough Books (with and without integrated options),
Model 28 including future model upgrades
24.5 % below retail
.
Model 34 including future models upgrades 24 % below retail
Model 48 including future models upgrades 33 % below retail
Model 72 including future model upgrades 18 % below retail
PORC including future model upgrades 24 % below retail
07 including future model upgrades 15 % below retail
Panasonlc Laptop Accessories: 15 % below retail
Panasonic manufacturer laptop accessories for all models named above.
Percentage discounts are based on current Panasonic pricing structure. Panasonic may choose to completely change their list price
model which would result in an addendum to change the contract pricing to a cost plus model. Datec would provide access to costs to
satisfy audit reviews. Datec's intention is to provide the city of Lynnwood very competitive pricing while not selling below our cost.
4
OFFER SHEET (paQe 3 of 4)
THIRD PARTY ACCESSORIES - OPTIONAL
Identify discount rates for other third-party accessory products, for which Bidder is a Certified reseller (if any). Discount
rates shall be below the standard retail pricing of the manufacturer in effect on the date the Purchase Order is received.
Optional Third Party Accessory Products Discount Rate ~
Sierra Wireless CoPo Modems Air Card 300 6 % below retail
--
Sierra Wireless CDPD Models - Air Card 750/755 2 % below retail
Sierra Wireless CDPD Models - Air Card 350 7 % below retail
Sierra Wireless Air Card 350 Booster Module 7 % below retail
Sierra Wireless Air Card 250 Booster with GPS 5 % below retail
Sierra Wireless CoPo 3 watt MPD200 Modem 5 % below retail
Sierra Wireless Dart 200 CDPD Wireless Modem 9 % below retail
Sierra Wireless Accessories, Software, Training (1 year warranty laccessories) 7 % below retail
Gamber Johnson Mounts 19 % below retail
Gamber Johnson Accessories (1 year warranty) 19 % below retail
ORA Mount 10 % below retail
ORA Accesories 10 % below retail
LED Co Docking Station 10 % below retail
--
LED Co Accessories (1 year warranty) 10 % below retail
Kodiak Mobile Docking Station L 12 % below retail
--..
Kodiak Mobile Accessories L 12 % below retail
L&E Mounts --
10 % below retail I
-
L&E Accessories (1 year warranty) 10 % below retail
a
I Enfora Wireless EqUipment
5 Yo below retail
.~
5
OFFER SHEET (paQe 4 of 4)
[.order: Contractor agrees to immediately order products from manufacturer, in no less than one business day after receipt
of a valid purchase order. See ~pecification I for order and delivery requirements.
PAYMENT TERMS: Payment shall be in 30 days of receipt of invoice. Specify other payment options:
o Check box if you offer a prompt payment discount: % . Specify terms:
o Check box if you accept VISA or MasterCard for payment.
o Check here if the prompt payment discount applies to VISA or MasterCard payment.
CONTRACT DURATION: This contract remains in effect for two years, with three automatic one-year renewals unless
either party provides a written notice of non-renewal at least 90-days prior to otherwise automatic renewal notice. Discount
rates remain fixed throughout the contract including extensions.
If any Addendums are Issued by the City to This Bid, Initial Here that you have considered them: _
Addendums are the responsibility of the bidder to seek, obtain and consider. Bidders may call 425-670-6602 to insure that all current
addendums have been received by the bidder before submitting an Offer. Bidders that fail to properly acknowledge addenda above may
be rejected by Lynnwood, or Lynnwood may accept the Offer placing sole responsibility upon Bidder for adhering to addendums regardless
of acknowledgement above.
COMPANY REPRESENTATIVE. SIGN HERE:
sianed by Dave Almote 8/16/02
Date
Offer Acceptance: Herein contains the signature of Lynnwood, accepting and awarding the offer on behalf of Lynnwood,
constituting a contractual agreement to this offer. Lynnwood shall not sign this until Lynnwood has accepted this as the
winning Offer and has made award.
Mayor Mike McKinnon: signed by Mayor McKinnon
Date:
9/902 I
9/9/02.-.-J
Finance Director Signature: signed by Mike Bailey
Date:
6
City of Lynnwood
Bid # B 210
Panasonic Tough Book Computers and Accessories
1. PURPOSE and SCOPE: The City of Lynnwood desires to enter into a two-year contract (with three one-year automatic
renewals) for pricing discounts on Panasonic Tough Books and related accessories.
Volumes and Usaae: Initially, Lynnwood will purchase 25 Panasonic Tough Book CF-48, Pentium 4, 1.8, newest 2002
model, laptops with Windows 2000, with accessories and configuration selected by Lynnwood. In addition to this first
order, this contract allows and is expected to be used by other political subdivisions throughout Washington State. A
limited number of other political subdivisions (cities, counties, etc) have expressed interest in using the results of this
bid to purchase Tough Book models (28, 34, 48, or 72, PDRC, 07) and accessory items. Volume of additional
purchases is not guaranteed. Usage by any political subdivision, including Lynnwood, is not mandatory.
Estimated Value: Value of the first order placement from Lynnwood is estimated at approximately $60,000. Future
orders by other political subdivisions are estimated to be between $50,000 and $100,000 with an estimated maximum
of $500,000 through the first contract term.
State of Washinaton Contract: This City of Lynnwood contract provides the right for other government agencies to
purchase directly from this contract as stated immediately above. However, the State of Washington may also
establish a State of Washington contract with the winning vendor, at the sole option of the State of Washington. The
State of Washington contract option, if exercised by the State, will utilize the same offer, discounts, specifications,
terms and conditions to formulate a contract. The State retains the right to format the contract as required by the
State, and to make adjustment or addition to the terms and conditions as considered necessary in the opinion of the
State in order to meet State purposes, to the extent considered reasonable by both parties. The contract with the State
of Washington, should the State elect to so enter, will have a separate contract duration specified by the State of
Washington at time of contract formulation.
2. Contract Duration: The duration for the Lynnwood contract shall be two-years, and shall allow orders to be placed by
either Lynnwood or other public agencies. Three one-year renewals shall be available at the option of Lynnwood.
Such renewals shall go into effect automatically and shall not require a written notification by either party. However, in
the event that either party desires to non-renew, advance written notice shall be provided no less than gO-days in
advance of the otherwise automatic renewal date. Such advance written notice shall be provided to the other party at
the address stipulated for such communications herein.
3. Pricina: Pricing shall be stated as discount rates (percentages) below manufacturer list price schedules. The Vendor
must insure that this list pricing schedule to is maintained, updated and made readily accessible, to Lynnwood through
Internet access or through some other method. Such discount rates shall remain firm as stated in the Offer
throughout the contract, however the vendor shall seek and offer lower pricing whenever available through alternative
pricing sales, rebates or special price discounts. The prices for each individual order will be according to the retail list
price as of the date the purchase order is received by the Vendor.
Taxes: Tax shall not be indicated in the unit pricing or upon bid award. Tax shall be calculated at time of invoice and
shall adhere to all contract terms and conditions.
7
4. SPECIFICATIONS
a. Specifications: The products must meet all specifications identified herein. Lynnwood has specified manufacturer
brands. All products must be new.
b. The following Panasonic models and all Panasonic manufacturer accessories for these same models shall be
specifically included. Strict Manufacturer Specifications for these models and accessories shall apply.
Tough Book 28, 34,48, 72, PDRC, 07
c. Future models: Future Panasonic models and products announced are also incorporated herein, for purchase by
Lynnwood and other purchasing agencies from this contract, using the same pricing discount rate. The Vendor
shall inform the Contract Manager of all new products, providing specifications, pricing and availability information
within 30 days of product announcement.
d. Third-partvaccessories: There are a number of third party accessories that the City desires. These are not
mandatory. If the Bidder provides these products, please specify discount rates on the Offer Form:
1. Sierra Wireless
2. Gamber Johnson
3. ORA
4. Ledco
5. Kodiak
6. L&E
e. Trial products: Trials of products are desired, for use by interested agencies that are eligible to purchase from this
contract. Such trial products, if offered by the winning company, are expected to be made available promptly and
within 2 weeks of a request from Lynnwood or other purchasing government agency covered within this contract.
Trial periods will be agreed upon between the interested agency and the Contractor at the time of each request.
although trial periods shall allow a minimum of 2 weeks trial usage for the interested agency.
f. Response Time: Responsiveness to calls and requests for assistance and warranty support is important to the
satisfaction of the users on the contract. Calls to the Contractor shall be returned as soon as possible and within
one business day of the original call.
g. Warranjy: Standard equipment warranties shall be provided. Panasonic 3-year limited warranty for Panasonic
notebook computers and AC adapters. shall be required for each product from date of purchase. All options and
accessories including batteries, RAM memory modules, COB ROM drives and port replicators have shall have a
standard. Panasonic 1-year limited warranty. Standard Panasonic Software warranty shall also be provided, for
the disk or other media for a period of 60 days from date of delivery.
h. Manuals: All equipment and software must include all manufacturers' documentation and warranty terms, in
English, including all switch settings, drivers, operating instructions, etc., at time of delivery. Upon request. the
vendor must also promptly supply any documents required for equipment maintenance, including current
diagrams. schematics, manuals and other documents necessary for maintenance of the equipment. There shall
be no charge for such documents.
i. Delivery: Contractor shall comply with order schedules. Contractor shall place orders with the manufacturer within
1 business day of order receipt from the purchasing agency. Standard delivery for in-stock items is expected
within 2 weeks of order. Product is to be shipped to the customer location indicated on the Purchase Order.
J. RestockinQ Fees: There shall be no restocking fee for any purchased item. Purchasing agencies may retum
products, regardless of manufacturer, within 30 days of acquisition if the product does not fit the intended purpose,
at the sole option and opinion of the purchasing agency.
k. Hardware repairs. warranty services and disposal services: The bid does not require provision of services beyond
normal warranty support.
I. "Or Equal" Products: Should a Bidder desire to provide a "For Equal" product, the Bidder must provide all product
information to clearly indicate how the product materially and specifically matches all specifications of the named
brand. The brand is, in part, designated due to the need for a full line of products that are each ruggedized to
semi-ruggedized in character and that have a precise fit to the existing hardware mounts. The decision that a
product is an "or equal" product shall be in the sole determination of the Lynnwood Purchasing Manager.
8
a. Non Collusion: Submittal of an offer swears that the offer is genuine and not a sham or collusive, and not made in
the interest of any person not named, and that the Offeror has not induced or solicited others to submit a sham
offer, or to refrain from proposing.
b. Non-SeQreQated Facilities: Offers agree that the company does not maintain or provide for employees any
segregated facilities, and that the offeror does not allow employees to perform services at any such facility.
Offerors agree that a breach of this shall constitute a contract violation.
5. PURCHASE ORDERS: Lynnwood and any political subdivisions in Washington may place a purchase order with the
contractor. The order shall specify the Contract Number (whether the Lynnwood Contract or the State of Washington
contract). Purchase Orders shall be issued on an as-needed basis throughout the contract period.
9
TERMS AND CONDITIONS
These terms and conditions are hereby a part of the conditions agreed to by the Contractor upon Offer.
1. Quration: Contract shall be two years in duration. Discount rates shall remain the same throughout the contract
term including extensions if any. The City retains the option to automatically extend the contract for an additional
three years with same discount rates, unless a notice of non-renewal in writing at least 90 days in advance of the
otherwise automatic renewal date. Such automatic renewal shall otherwise occur automatically and shall not
require written notice.
2. Cooperative Purchase: Lynnwood has entered into intergovernmental (Interlocal) purchasing agreements
pursuant to RCW 39.34 with other Washington agencies under which either party may make purchases at the
other party's accepted bid price. By submitting this offer to City of Lynnwood, the Contractor agrees to make the
same bid terms and price, exclusive of freight and tax, available to other Washington governmental agencies.
Lynnwood will in no way whatsoever incur any liability in relation to specifications, delivery, payment, or any other
aspect of these purchases.
3. Entire Aareement: This document, including all amendment and subsequently issued change notices, comprises
the entire agreement between the contracting agency and the Contractor and shall be governed by the laws of the
State of Washington incorporated herein by reference. The venue for legal action shall be the Superior Court for
the State of Washington, in the County of the purchasing agency.
4. Conflict and Severability: In the event of conflict between contract documents and applicable laws, codes,
ordinances or regulations, the most stringent or legally binding requirement shall govem and be considered a part
of this contract to afford the state and/or purchasing agency maximum benefits. Severabilitv: Any provision of this
document found to be prohibited by law shall be ineffective to the extent of such prohibition without invalidating the
remainder of the document.
5. Return of Eauipment: Purchaser who bought products through this contract may return them to the Contractor
within thirty (30) days from the date of invoice for a refund of the product purchase price if already paid.
Purchasing agent must ship any returning products to the Contractor at the location specified by the Contractor, in
original product packaging. Returned products must be in as-new condition, and all of the manuals, diskette(s),
CD(s), power cables, and other items included with a product must be returned with it. There shall be no
restocking fee.
6. Antitrust: In actual practice, overcharges resulting from antitrust violations are borne by the purchaser.
Therefore, the Contractor hereby assigns to the purchaser any and all claims for such overcharges except
overcharges which result from antitrust violations commencing after the price is established under this contract
and which are not passed on to the purchaser under an escalation clause.
7. Workers Riaht to Know: Recently passed "right to know" legislation required the Department of Labor and
Industries to establish a program to make employers and employees more aware of the hazardous substances in
their work environment. WAC 296-62-054 requires among other things that all manufacturers/distributors of
hazardous substances, including any of the items listed on this ITB or contract bid and subsequent award, must
include with each delivery completed Material Safety Data Sheets (MSDS) for each hazardous material.
Additionally, each container of hazardous material must be appropriately labeled with: The identity of the
hazardous material, appropriate hazardous warnings. and Name and address of the chemical manufacturer,
importer, or other responsible party. Labor and Industries may levy appropriate fines against employers for
noncompliance and agencies may withhold payment-pending receipt of a legible copy of the MSDS. It should be
noted that OSHA Form 20 is not acceptable in lieu of this requirement unless it is modified to include appropriate
information relative to "carcinogenic ingredients" and "routes of entry" of the product(s) in question.
8. Gifts and Gratuities: In accordance with RCW 43.19.1937 -1939, RCW 4223 and RCW 42.52.150 and 160, it is
unlawful for any person to directly or indirectly offer, give or accept gifts. gratuities. loans, trips, favors, special
discounts, services, or anything of economic value in conjunction with state business practices to another to
refrain from submitting a proposal. Further RCW 43.19.1937 and the Ethics in Public Service Law, Chapter 4252
RCW prohibits officers or employees from receiving, accepting, taking or seeking gifts (except as permitted by
RCW 42.52.150) if the officer or employee participates in contractual matters relating to the purchase of goods or
services.
9. Riahts and Remedies: In the event of any claim for default or breach of contract. no provision in this document
or in the bidder's offer shall be construed, expressly or by implication, as a waiver by the contracting or purchasing
agency of any existing or future right and/or remedy available by law. Failure of the purchasing agency to insist
upon the strict performance of any term or condition of the contract or to exercise or delay the exercise of any right
or remedy provided in the contract or by law, or the acceptance of (or payment for) materials, equipment or
10
services, shall not release Contractor from responsibilities or obligations imposed by this contract or by law, and
shall not be deemed a waiver of any right of a purchasing agency to insist upon the strict performance of the
contract.
11. Save Harmless: To the fullest extent permitted by law, Contractor shall indemnify, defend, and save harmless the
contracting agency, all agencies of the state, and all officers and employees of the contracting agency and the state,
from and against any and all claims for injuries or death, including claims by Contractor's employees, or for damages
arising out of, resulting from, or incident to Contractor's performance or failure to perform the contract. or for patent,
trademark, copyright, or franchise infringement arising from the purchase, installation, or use of goods and services
ordered. Contractor's obligation to indemnify, defend and save harmless shall not be eliminated or reduced by any
alleged concurrent negligence of the state or its agencies, employees, and officers. Contractor waives its immunity
under Title 51 RCW to the extent required to indemnify, defend, and save harmless the contracting agencies, officers,
or employees.
12. Personal Liabilitv: It is agreed by and between the parties hereto that in no event shall any official, officer, employee
or agent of the ordering agency or the State of Washington be in any way personally liable or responsible for any
covenant or agreement herein contained whether expressed or implied, nor for any statement or representation made
herein or in any connection with this agreement.
13. Advertising: Contractor shall not advertise or pUblish information concerning this contract in any form or media
without prior written consent.
14. Subcontracts: Contractor shall not subcontract or assign its obligations under this contract without the prior written
consent. The Contractor shall be responsible to ensure that all requirements of the contract shall flow down to all
subcontractors.
15. Taxes. Fees and Licenses:
A. Taxes: Where required by state statute or regulation, contractor shall pay for and maintain in status and all taxes
that are necessary for contract performance. Unless otherwise indicated, the purchaser agrees to pay sales or
use taxes on all applicable consumer services and materials purchased. No charge by contractor shall be made
for federal excise taxes and the purchaser agrees to furnish contractor with an exemption certificate where
appropriate. Sales tax shall not be included in bid pricing submitted.
Collection of Retail Sales Tax:
· In state suppliers: In general, in state suppliers engaged in retail sales activities within Washington State are
required to collect and remit sales tax to Department of Revenue.
· Out-of-state suppliers: In general, out-of-state suppliers must collect and remit "use tax" to Department of
Revenue if the activity carried on by the seller in Washington State is significantly associated with supplier's
ability to establish or maintain a market for its products in Washington State. Examples of such activity
include where the supplier either directly or by an agent or other representative:
1. Maintains an in-state office, distribution house, sales house, warehouse, service enterprise, or any other
in-state place of business; or
2. Maintains an in-state inventory or stock of goods for sale; or
3. Regularly solicits orders from customers located within state via sales representatives entering the state;
or
4. Sends other staff into the state (e.g. product safety engineers, etc.) to interact with customers in an
attempt to establish or maintain market(s); or
5. Other factors identified in WAC chapter 458-20.
Out-of-state suppliers meeting one of the above criteria must register and establish an account with the
Department of Revenue (OaR). Refer to WAC 458-20-193 (7 through 9) or call Department of Revenue at (800)
647-7706. When out-of-state suppliers are not required to collect and remit "use tax", the agency is responsible
for paying this tax, if applicable, directly to OaR.
B Fees/Licenses: Before bid opening the Contractor shall pay for and maintain in a status, any license fees,
assessments, permit charges, etc., which are necessary for contract performance. It is the contractor's sole
responsibility to monitor and determine any changes or the enactment of any subsequent regulations for said fees,
assessments, or charges and to immediately comply with said changes or regulations during the entire term of this
contract.
C. Customs/BrokeraQe Fees: To be considered responsive, bid must include ALL customs duties, brokerage or
import fees where applicable. Contractor shall take all-necessary actions to ensure that materials or equipment
purchased are expedited through customs. Failure to do so may subject contractor to liquidated damages as
identified in this document and/or to other administrative actions considered appropriate.
II
16. Warranties:
A. Product: Contractor warrants that all materials, equipment, and/or services provided under this contract shall be fit
for the purpose(s) for which intended, for merchantability, and shall conform to the requirements and specifications
herein. Acceptance of any service and inspection incidental thereto by the state shall not alter or affect the
obligations of the Contractor or the rights of the state.
B. Price: Contractor warrants that prices of materials, equipment, and services set forth herein do not exceed those
charged by the Contractor to any other customer purchasing the same goods or services under similar conditions
and in like or similar quantities.
C. QEjg Compliance: Contractor warrants fault free performance in the processing of date and date related data
including, but not limited to calculation, comparing, and sequencing by all Equipment and Software provided
pursuant to this Contract, individually and in combination, when used in accordance with the product
documentation provided by the Contractor. Fault free performance shall include the manipulation of this data
when dates are in the 20th or 21st centuries and shall be transparent to the user.
17. Liens. Claims and Encumbrances: All materials, equipment, or services shall be free of all liens, claims, or
encumbrances of any kind and if the state requests, a formal release of same shall be delivered to the state.
18. Delivery:
A. Time: Delivery must be made during normal work hours and within time frames proposed by Bidder herein and
subsequently accepted by the state, Failure to comply may subject Contractor to nondelivery assessment
charges and/or liquidated damages as appropriate, The state reserves the right to refuse shipment when
delivered after normal working hours, Contractor shall verify specific working hours of individual agencies and so
instruct carrier(s) to deliver accordingly, The acceptance by the purchaser of late performance with or without
objection or reservation by the purchaser shall not waive the right to claim damage for such breach, nor preclude
the purchaser from pursuing any other remedy provided herein, including termination, nor constitute a waiver of
the requirements for the timely performance of any obligation remaining to be performed by Contractor.
B. Terms: Unless otherwise specified, all goods are to be shipped FOB Destination freight prepaid and included.
Where specific authorization is granted to ship goods FOB shipping point, Contractor agrees to prepay all shipping
charges, route as instructed or if instructions are not provided, route by cheapest common carrier. Purchaser may
require that each invoice for shipping charges shall contain the original or a copy of the freight bill indicating that
the payment for shipping has been made. The purchaser reserves the right to refuse COD shipments.
C. Location: All deliveries are to be made to the applicable delivery location in accordance with Interstate Commerce
Commission rules or as indicated in purchase order. When applicable, Contractor shall take necessary actions to
safeguard items during inclement weather,
D. Unauthorized: In no case shall Contractor initiate performance prior to receipt of written or verbal authorization
from authorized purchasers. Expenses incurred otherwise shall be borne solely by the Contractor.
19. Inspection and Reiection: Purchaser's inspection of all materials and equipment upon delivery is for the sole
purpose of identification. Such inspection shall not be construed as final acceptance, or as acceptance of the
materials or equipment, if materials or equipment does not conform to contractual requirements. If there are any
apparent defects in the materials or equipment at the time of delivery, Purchaser will promptly notify the Contractor
thereof. Without limiting any other rights, Purchaser and/or the state at its option, may require the Contractor to:
Repair or replace, at Contractor's expense, any or all of the damaged goods, or
Refund the price of any or all of the damaged goods, or
Accept the return of any or all of the damaged goods.
20. Title and Risk of loss: Regardless of FOB point, Contractor agrees to bear all risks of loss, injury, or destruction of
goods and materials ordered herein which occur before delivery and acceptance, Such loss, injury, or destruction shall
not release Contractor from any obligation hereunder.
21. Performance: Acceptance by the purchaser of unsatisfactory performance with or without objection or reservation
shall not waive the right to claim damage for breach, or terminate the contract, nor constitute a waiver of requirements
for satisfactory performance of any obligation remaining to be performed by Contractor.
22. Identification: All invoices, packing lists, packages, instruction manuals, correspondence, shipping notices, shipping
containers, and other written documents affecting this contract shall be identified by the applicable purchase order or
field order number. Packing lists shall be enclosed with each shipment, indicating the contents therein.
23. CharQes for Handling: No charges will be allowed for handling that includes but is not limited to packing, wrapping,
bags. containers, or reels, unless otherwise stated herein,
12
24. Invoicinq: Contractor shall provide an original and two (2) copies of invoices. Each invoice shall be submitted as
required by the contract and shall reference the contract and field order or purchase order number. Invoices shall be
properly annotated with applicable prompt payment discount(s).
25. Payment: Payment will be made by the purchasing agency as indicated on ordering document, and if unspecified
shall be net 30 days from receipt of invoice. Any bid that requires payment in less than thirty (30) calendar days need
not be considered. Qualifying prompt payment discount will be considered in determining the apparent lowest
responsible and responsive bid. Invoices will not be processed for payment nor will the period of cash discount
commence until receipt of a properly completed invoice and until all invoiced items are received and satisfactory
performance of Contractor has been attained. If an adjustment in payment is necessary due to damage or dispute, the
cash discount period shall commence on the date final approval for payment is authorized. Under "Chapter 39.76
RCW," if purchaser fails to make timely payment(s), Contractor may invoice for 1 % per month on the amount overdue
or a minimum of $1.00. Payment will not be considered late if a check or warrant is mailed within the time specified. If
no terms are specified, net 30 days will automatically apply. Payment(s) made in accordance with contract terms shall
fully compensate the Contractor for all risk, loss, damages or expense of whatever nature and acceptance of payment
shall constitute a waiver of all claims submitted by Contractor.
Payment for materials or equipment received or for services rendered shall be made by warrant issued from the
Washington State Treasury and redeemable in U.S. dollars. Unless otherwise indicated, the state's sole responsibility
shall be to issue this warrant. Any bank or transaction fees or similar costs associated with currency exchange
procedures shall be fully assumed by the contractor.
26. Detennination of ResDonsibilitv: During the contract, should the contractor be determined to be in violation of
federal, state, or local laws or regulations, the state reserves the right to modify its initial determination of responsibility
at the time of award and to take other action as determined appropriate, including but not limited to termination of the
contract.
27. Award Factors:
Criteria: Contracts shall be awarded to the lowest responsible and responsive bidder subject to preferences provided
by law. Award criteria shall include all factors identified in RCW 43.19.1911 and the contractual requirements provided
herein. No MWBE preference will be included in the evaluation of bids/proposals, no minimum level of MWBE
participation shall be required as a condition for receiving an award and bids/proposals will not be rejected or
considered non-responsive on that basis.
A. Rights Reserved: Lynnwood reserves the right to:
1. Waive any informality.
2. Reject any or all bids, or portions thereof. WAC 236-48-094 allows the state to "accept any portion of the
items bid" unless the bidder stipulates all or nothing on the bid.
3. Reissue an ITB or negotiate under provisions outlined therein.
4. Award on an all or none consolidated basis taking into consideration reduction in administrative costs as well
as unit bid prices.
28. Supplier Reaistration: Unregistered bidders may be required to complete a Supplier Registration Packet for
placement on a supplier list.
29. Chanaes: No alteration in any of the terms, conditions, or contractual requirements herein shall be effective without
the written consent of the SPO as evidenced by issuance by the state of a contract change notice.
30. Additions or Deletions: The Contracting agency reserves the right to add or delete items, agencies, or locations, as
determined to be in the best interest of the state. Added items, agencies or locations will be related to those on
contract and additions or deletions will not represent a significant increase or decrease in size or scope of the contract.
Such additions or deletions will be by mutual agreement, will be at prices consistent with the original bid price margins,
and will be evidenced by issuance of a written contract change notice from the SPO.
31. Contract Suspension: The contra(:ting agency may at any time and without cause, 'suspend the contract or any
portion thereof, for a period of not more than thirty (30) calendar days, by written notice to the Contractor. Contractor
shall resume performance within fifteen (15) calendar days of written notice from the state.
32. Breach, Default, Tennination:
A. [?reach: A breach of a term or condition of the contract shall mean anyone or more of the following events: (1)
Contractor fails to perform the services by the date required or by a later date as may be agreed to in a written
amendment to the contract; (2) Contractor breaches any warranty or fails to perform or comply with any term or
agreement in the contract; (3) Contractor makes any general assignment for the benefit of creditors; (4) in the
Lynnwood's sole opinion, Contractor becomes insolvent or in an unsound financial condition so as to endanger
performance hereunder; (5) Contractor becomes the subject of any proceeding under any law relating to
bankruptcy, insolvency or reorganization, or relief from creditors and/or debtors; (6) any receiver, trustee, or similar
official is appointed for Contractor or any of the Contractor's property; (7) Contractor is determined to be in
13
violation of federal, state. or local laws or regulations and that such determination, in the state's sole opinion
renders the Contractor unable to perform any aspect of the contract.
B. Qefault: A Contractor may be declared in default for failing to perform a contractual requirement or for a material
breach of any term or condition.
C. Termination for Convenience: Lynnwood may terminate this contract, in whole or in part, at any time and for any
reason by giving thirty (30) calendar days written termination notice to Contractor. Termination charges shall not
apply unless they are subsequently agreed upon by both parties. Where termination charges are applicable, both
parties agree to negotiate in good faith and to limit the extent of ,negotiations to valid documented expenses
incurred by Contractor prior to date of termination. Should the parties not agree to a satisfactory settlement, the
matter may be subjected to mediation and/or legal proceedings.
D. Termination for Breach and/or Default: Except in the case of delay or failure resulting from circumstances beyond
the control and without the fault or negligence of the Contractor or of the Contractor's suppliers or subcontractors,
Lynnwood shall be entitled, by written or oral notice, to cancel and/or terminate this contract in its entirety or in part
for breach and/or for default of any of the terms herein and to have all other rights against Contractor by reason of
the Contractor's breach as provided by law.
E. Termination bv Mutual Aareement: The state or the Contractor may terminate this contract in whole or in part, at
any time, by mutual agreement with thirty (30) calendar days written notice from one party to the other.
F. Sanctions: Any violations of the mandatory provisions of this contract shall be a material breach of contract for
which the contractor may be subject to a requirement of specific performance, or damages and sanctions provided
by contract, or by applicable laws.
33. Opportunity to Cure Default:
A. Events: In the event that Contractor fails to perform a contractual requirement or materially breaches any term or
condition, Lynnwood may issue a written or oral notice of default and provide a period of time in which Contractor
shall have the opportunity to cure. Time allowed for cure shall not diminish or eliminate Contractor's liability for
liquidated or other damages. The state is not required to allow the Contractor to cure defects if the opportunity for
cure is not feasible as determined solely by the state. The state may terminate the contract for nonperformance,
breach, or default without allowing the opportunity to cure by the Contractor.
B. Remedies: If the nonperformance, breach or default remains after Contractor has been provided the opportunity
to cure, the state may do one or more of the following:
1. Exercise any remedy provided by law.
2. Terminate this contract and any related contracts or portions thereof.
3. Impose liquidated damages.
4. Suspend Contractor from receiving future Invitations for Bid.
34. LeQal Fees: The Contractor covenants and agrees that in the event suit is instituted by the purchaser for any
nonperformance, breach or default on the part of the Contractor, and the Contractor is adjudged by a court of
competent jurisdiction, he shall pay to the purchaser all costs, expenses expended or incurred by the purchaser in
connection therewith, and reasonable attorney's fees.
35. Force Maieure:
Definition: Except for payment of sums due, neither party shall be liable to the other or deemed in default under this
contract if and to the extent that such party's performance of this contract is prevented by reason of force majeure. The
term "force majeure" means an occurrence that is beyond the control of the party affected and could not have been
avoided by exercising reasonable diligence. Force majeure shall include acts of God, war, riots, strikes, fire, floods,
epidemics, or other similar occurrences.
Notification: If either party is delayed by force majeure, said party shall provide written notification within forty"eight
(48) hours. The notification shall provide evidence of the force majeure to the satisfaction of the other party. Such
delay shall cease as soon as practicable and written notification of same shall be provided. The time of completion
shall be extended by contract modification for a period of time equal to the time that the results or effects of such delay
prevented the delayed party from performing in accordance with this contract.
Biqhts Reserved: The state reserves the right to cancel the contract and/or purchase materials, equipment, or services
from the best available source during the time of force majeure, and Contractor shall have no recourse against the
state.
36. Minority and Women Business Enterprises (MWBE): In accordance with lhe legislalive findings and policies set
forth in Chapter 39.19 RCW, with Tacoma Ordinance No 2.6126, with City of Seattle MWBE ordinance and provisions,
and with the provisions of other purchasing agencies, participation by MWBE firms is encouraged. Participation may
be either on a direct basis in response to this solicitation/invitation or as a subcontractor to a Bidder/Proposer.
However, unless required by federal statutes, regulations, grants, or contract terms referenced in the contract
documents, no preference will be included in the evaluation of bids/proposals, no minimum level of MWBE
14
participation shall be required as condition for receiving an award, and bids/proposals will not be rejected or
considered non..responsive on that basis. Any affirmative action requirements set forth in federal regulations or
statutes included or referenced in the contract documents will apply.
37. Established Business: To be considered responsive, contractor must, before commencing performance, or before
that time if required by law or regulation (reference WAC Chapter 18.27), be an established business firm with all
required licenses, bonding, facilities, equipment and trained personnel necessary to perform the work as specified in
the bid solicitation. All bidders must have Federal Tax Identifier Number as required by IRS regulations and Uniform
Business Identifier Number required by Department of Revenue (800) 647-7706. Questions regarding specific
licenses should be directed to Department of Licensing at (360) 664-1400.
38. Failure to Perform: Failure of Contractor to furnish the equipment, supplies, materials, and/or services from a bid
which results in a contract award, may eliminate the Bidder from the active bidder's mailing list for the jurisdiction for
which such failure occurred, for the products or services concerned, at the discretion of Lynnwood.
39. Compliance With Laws: Contractor shall comply with all applicable federal, state and local laws, rules, and
regulations affecting its performance and hold the Purchaser harmless against any claims arising from the violation
thereof. No extension of time or additional payment will be made for loss of time or disruption of work caused by any
actions against the Contractor for any of the above reasons.
40. EmerQency and Disasters: The following shall be in effect during major emergencies or disasters. Contractor
acknowledges that government agencies are procuring goods/services for benefit of the public. Contractor agrees, in
support of public good purposes, to consider these government customers as first priority and shall make best effort to
provide these customers the requested goods/services in as timely a manner as practicable. Contractor and Agency
agree that a major emergency or disaster includes, but is not limited to: storms, high winds, earthquakes, floods,
hazardous material releases, transportation mishaps, loss of utilities, fires, terrorist activities or combinations of above.
In the event the Contractor is unable to meet the delivery requirements due to circumstances beyond the reasonable
control of the Contractor, Contractor agrees to make such delivery as soon as practicable. If Contractor is prevented
from making delivery to the requested location due to circumstance beyond its reasonable control, Contractor shall
immediately assist the purchasing agency in whatever reasonable manner to gain access to such goods/services. In
the event Contractor is unable to provide goods/services as requested, the Contractor may offer limited substitutions
for consideration.
41. Insurance: Upon request, Contractor shall furnish the purchasing agency with evidence of insurance.
42. Liability & Properly DamaQe Insurance: Contractor shall procure and maintain during the life of this Contract and
during performance of these services, Commercial General liability, and Automobile Liability Insurance, to protect
Lynnwood and the Contractor from and against all claims, damages, losses and expenses arising out or resulting from
the performance of these services, as detailed herein, with insurance companies or through sources approved by the
State Insurance Commissioner pursuant to RCW Chapter 48. Lynnwood reserves the rights to require higher limits
should it deem it necessary in the best interest of the public. Purchasing Manager may waive requirements upon
request, if in the best interest of the City, upon request of the company.
A. .If requested by the purchasino aQeney. the Certificate of Insurance shall be provided for a primary policy of
commercial general liability insurance, meeting the requirements herein. This Certificate is subject to approval by
the Contracting Agency as to company, terms and coverage. Failure of the contractor to satisfactorily meet the
request for insurance, unless otherwise waived by the Purchasing Manager, would be considered a material
breach of contract and cause of termination of the Contract.
B. Approval of the insurance by the purchasing agency shall not relieve or decrease the liability of the Contractor for
any damages arising from Contractor's performance of the Work.
C. Insurance shall provide, at a minimum, the types of insurance coverage, liability limits and endorsements as set
forth below and shall be included in all applicable policies and on the Certificate of Insurance. The insurance
coverage's listed below shall protect the Contractor and Lynnwood from claims for damages of bodily injury,
including death resulting therefrom, as well as claims for property damage, which may arise from operations under
this Contract, whether such operation be by itself or by any subcontractor or by anyone directly employed by either
of them, it being understood that it is the Contractor's obligation to enforce the requirements of this section in
respect to any subcontractor employed for this project:
Commercial General Bodily injury and Property Damage Insurance and shall include:
Premises & Operations;
Owners and Contractors Protective;
Products Liability including completed Operations Coverage;
Contractual Liability;
Broad Form Property Damage;
Commercial Form (to include Extended Bodily Injury);
Employees as Additional Insured;
Explosion, Collapse & Underground Hazard;
15
Independent Contractors;
Personal Injury;
Stop Gap; and
Cross Liability Clause.
Automobile Bodily Injury and Property Damage Insurance sufficient to cover any driving that
is directly required for the performance of the stated work.
General Liability (Commercial General Liability Insurance) shall be written with limits of
liability of no less than $1,000,000 combined single limits, per occurrence and $1,000,000
in aggregate.
D. Nothing contained in these insurance requirements is to be construed as limiting the extent of the Contractor's
responsibility for payment of damages resulting from operations under this Contract.
E. The coverage is provided by the General Liability and the Automobile Liability is primary to any insurance
maintained by Lynnwood.
F. The inclusion of more than one insured under this policy shall not affect the rights of any insured as respects to
any claims, suit or judgment made or brought by or for any other Insured or by or for any employee of any other
Insured. This policy shall protect each Insured in the same manner as though a separate policy had been issued
to each, except that nothing herein shall operate to increase the company's liability beyond the amount or
amounts for which the company would have been liable had only one Insured been named.
G. There shall be included in the general liability insurance contractual coverage sufficiently broad to insure the
provisions of that Section herein entitled "Hold Harmless Clause."
H. Failure to comply with provisions contained herein shall not waive the responsibility of the Contractor to provide
the required protection.
43. Enerav Conservation Reauirements: Contractor agrees to comply with mandatory standards and policies relating
to energy efficiency contained in the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act.
44. Clean Water Reauirements: Contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Federal Water Pollution Control Act. Contractor agrees to report each violation to Contract Agency
and understands and agrees that the Contract Agency will, in turn, report each violation as required to assure
notification to FTA and the appropriate EPA Regional Office.
45. Access to Records and Reports: Where the Purchaser is not a State but a local government and is the FTQ
Recipient or a sub grantee of the FT A Recipient in accordance with 49 CFR 18.35(i), the Contractor agrees to provide
the Purchaser, the FTA Administrator, the Comptroller General of the US or any of their authorized representatives,
access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for
the purposes of making audits, examinations, excerpts, and transcriptions. Contractor also agrees, pursuant to 49
CFR 633.17 to provide FT A Administrator or authorized representatives 9including any PMO Contractor access to
Contractor's records and construction sites pertaining to major capital project, defined at 49 USC 5302(a) 1 , which is
receiving federal financial assistance through the programs described at 49 USC 5307, 5309, or 5311. Contractor
agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and
transcriptions as reasonably needed. Contractor agrees to maintain all books, records, accounts and reports required
under this contract for a period of not less than 3 years after the date of termination or expiration of this contract,
except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case
Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of
their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto.
Reference 49 CFR 18.39(1)(11).
46. Federal Chanqes: Contractor at all times shall comply with all applicable FTA regulations, policies, procedures and
directions, between Purchaser and FTA as they may be amended or promulgated from time to time during the term of
this contract. Contractor's failure to so comply shall constitute a material breach of this contract.
47. Clean Air: Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the
Clean Air Act, as amended, 42 USC 77401. The Contractor agrees to report each violation to the Purchaser and
understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA
and the appropriate EPA Regional Office.
48. No Government Obliaation to Third Parties: Purchaser and Contractor acknowledge and agree that, notwithstanding
any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract,
absent any express written consent by the Federal Government, the Federal Government is not a party to this contract
16
and shall not be subject to any obligations or liabilities to the Purchaser, Contractor or any other party (whether or not a
party to that contract) pertaining to any matter resulting from the underlying contract.
49. ProQram Fraud and False or Fraudulent Statements and Related Acts: The Contractor acknowledges that the
provision of the Program Fraud Civil Remedies Act of 1968, as amended 31 USC 3801 etc. seq and US DOT
regulations, "Program Fraud Civil Remedies: 49 CFR Part 31, apply to its actions pertaining to this Project. Upon
execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement
it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted
project for which this contract work is being performed. In addition to other penalties that may be applicable, the
contractor further acknowledges that if it makes, or causes to make, a false, fictitious, or fraudulent claim, statement,
submission or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud
Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. The
Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement,
submission or certification to the Federal Government under a contract connected with a project that is finance in
whole or in part with Federal assistance originally awarded by FT A under the authority of 49 USC 5307, the
Government reserves the right to impose the penalties of 18 USC 12001 and 49 USC 5307(n)(1) on the Contractor to
the extent the Federal Government deems appropriate. The Contractor agrees to include the above 2 clauses in each
subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses
shall not be modified, except to identify the subcontractor who will be subject to the provisions.
50. Civil RiQhts:
A. Non discrimination: In accordance with Title VI of the Civil Rights Act as amended, 42 USC 200d, section 303 of
the Age Discrimination Act of 1975, as amended, 42 USC 6102, section 202 of the Americans with Disabilities Act
of 1990,42 use 12132, and Federal transit law at 49 USC 5332, the Contractor agrees that it will not discriminate
against any employee or application for employment because of race, color creed, national origin, sex, age, or
disability. In addition, the Contractor agrees to comply with applicable Federal implementation regulations and
other implementing requirements FTA may issue.
B. Equal Employment Opportunity: The following EEO Requirements apply to the underlying contract:
1. Race, Color, Creed, National Origin, Sex: In accordance with Title VII of the Civil Rights Act, as amended, 42
USC 2ooe, and Federal Transit laws at 49 SCY 5332, the Contractor agrees to comply with all applicable
equal employment opportunity requirements of US DOL regulations, OFCCP DOL, 41 CFR Parts 60 et seq,
which implement Executive Order No 11246. EEO, as amended by Executive Order No 11246 Relating to
EEO, 42 USC 2003 note), and with any applicable Federal statutes, executive orders, regulations and Federal
policies that may in the future affect construction activities undertaken in the course of the Project. The
Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are
treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action
shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or
recruitment advertising, layoff or termination, rates of payor other forms of compensation, and selection for
training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing
requirements FT A may issue.
2. Age: In accordance with Section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29
USC 623 and Federal transit law at 49 use 5332, the Contractor agrees to refrain from discrimination against
present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any
implementing requirements FTA may issue.
3. Disabilities. In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 USC
12112, the Contractor agrees that it will comply with the requirements of US EEOC, "Regulations to
Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 CFR Part 1630,
pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any
implementing requirements FTA may issue.
4. The Contractor also agrees to include these requirements in each subcontract finance in whole or in part with
Federal assistance provided by FTA, modified only if necessary to identify the affected parties.
51. Breaches and Disputes: Disputes arising in the performance of this Contract which are not resolved by agreement of
the parties shall be decided in writing by the authorized representative of Lynnwood. This decision shall be final and
conclusive unless within 10 days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a
written appeal to Lynnwood. In connection with any such appeal, the Contractor shall be afforded an opportunity to be
heard and to offer evidence in support of its position. The decision of the Lynnwood shall be binding upon the
Contractor and the Contractor shall abide by the decision. Unless other direction by Lynnwood, Contractor shall
continue performance under this contract while matters in dispute are being resolved. Should either party to the
Contract suffer injury or damage to person or property because of any act or omission of the party or of any
employees, agents or others for whose acts Contractor is legally liable, a claim for damages therefore shall be made in
writing to such other party within a reasonable time after the first observance of such injury or damage. Unless this
contract provides otherwise, all claims, counterclaims, disputes and other matters in question between Lynnwood and
the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties
mutually agree, or in the Court of the State of Washington The duties and obligations imposed by the Contract
Documents and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties,
obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by Lynnwood or
Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such
17
action or failure to act constitute an approval or acquiescence in any breach hereunder except as may be specifically
agreed in writing.
52. FTA Terms: The preceding provisions include, in part, certain state Terms and Conditions required by DOT, whether
or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth
in FT A Circulate 422010, dated April 15, 1996 (also see Change 1) are hereby incorporated by reference. Anything in
the contract herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with
other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or
refuse to comply with Lynnwood request, which would cause purchaser to be in violation of the FTA terms and
conditions.
18
NOTICE OF APPARENT LOW BIDDER
This is notice that DA TEC, INC., has been named the apparent low bidder for bid number B021 O. Bid closing
was August 21, 2002 at 10:00 am. The apparent low bidder wi II be submitted for Council approval and award
on September 9,2002.
Thefollowing bid award tally complies with ITB notice lIe titled "Basis of Bid Award. "page 4 of the ITB.
The award tallies total percentage discounts on all Panmwnic products. The highest discount is declared the
"apparent low bidder. "
I. L&E Mobile Computers, Conshoeken P A.
2. CDCE Ine, Y orba Linda, CA.
3. GTSl Corp, Chantilly VA.
4. Datee Ine, Seattle W A.
TotalPanasonie Bid: 98 points
Total Panasonie Bid: 77 points
Total Panasonie Bid: 123 points
Total Panasonie Bid. 153.5 points
Issued By: City of Lynnwood. Purchasing Department. September 3, 2002
]9
(
(
LL!~:rIf~
Pa nason ice
Computer Solutions Company
Contract Extension Request
September 21, 2006
Gary Kaufmann, C.P.M.
Buyer
Purchasing & Contracts Division
Lynnwood City Han
20525 60th Ave W.
Lynnwood, WA 98036
Direct Ph.: (425) 670-6279
Fax: (425) 778-5632
Dear Gary,
The City of Lynnwood contract has been a beneficial procurement vehicle for the City of
Lynnwood. and several other agencies through out the N>N Region. Panasonic makes periodic
changes to their Manufacturers Suggested Retail Prfcing for most of their SKU's, on a regular
basis. It Is necessary for Datee to review these changes with the City, as it pertains to the annual
renewal clause of the contract. I am happy to report that, at this time, and for the specified models
of equipment, our pricing discounts will not be reduced, or in other words, win remain at the same
level as the renewal in 2005. This Is In spite of many MSRP price reductions that Panasonic has
announced in the past year. The following table reflects percentages off current MSRP. Taxes
and shipping charges are not included in these discounts, and may apply to each order.
To avoid obsoleting this contract renewal, it is necessary to add new model laptops (CF-30. CF-
19, CF-08) to this contract. I have Included a table for the related discounts to be entered once
the products are shipping. In addition, I have proposed adding some additional MDC-related
items such as mounting hardware and non-Panasonic manufactured accessories.
Specify Panasonle Pricing (Discounts below Panasonic retall price list in effect the day each
Purchese Order Is received):
App/JcabIe local SQ/es T IJX and fr8Ight will be caJaJlatecJ at time of invoice.
Discount from Retail
17% below retail
1 7% below retail
5% below retail
24% below retail
r=-- _ -:;-5% below retail
Panasonlc Laptop Accessories:
Panasonlc manufacturers laptop accessories for all models
named above.
Field Technical Services Regular $1 05/Hr
Includes: Mobile installations, pre-sales Contract Price $95/Hr
~l'!Slneering . --
Gamber Johnson Mounting Hardware 19% below MSRP
LedCo MounUng Hardware 10% below MSRP
--
MObile Antenna Products 5% below MSRP
Panasonlc new mOdel laptops to be introduced %TBD
In 2006n
Panasonic Arbitrator Mobile Digital Video 5% below MSRP
Equipment
Please let me know if these changes are acceptable by signing and returning a copy of
this Contract Extension Request with your mandatory expiry date.
Iff can answer any additional questions, please do not hesitate to contact me at 206-465-
3387_
This contract extension is valid until
~f" ~. '2Db,
Renewable after? Y or @ (circle one)
Approved by:
\~~
c~
Bob Stein
Director -- Mobile Solutions
Datec, Inc.
364 Upland Drive
Seattle W A 98188
800.525-9905
Accepted By:
DMe# -1lJ/f-.
Gary auftnan
Senior Buyer
City of Lynnwood, WA
Date q - Q. Q.'Dt..
. .
o
THIS PRICE LIST V\IILL BE UPDA TED AS NEW PRODUCTS BECOME A V AILABLE.
PRICES LISTED DO NOT INCLUDE SALES TAX.
Prices as of June 1, 2007
J_ Part tlumber Pr oduct tI"me Price
8
--
9 Applic.ltions
._C--
10
11 077-04008 Access 2007 English MVL $ 139.03
12 F87-00467 Encarta Premium 2007 English MVL $ 20.22
13 065-05193 Excel 2007 English MVL $ 139.03
14 046-00411 Excel Mac 2004 English MVL $ 139.03
15 PHJ-00335 Expression 81end English MVL $ 261.22
16 I PHL-00335 Expression Media EngliSh MVL $ 156.73
..
17 PJ8-00344 Expression 8tudio English MVL $ 312.62
18 UCQ-00053 Exoression Web 1.0 English MVL $ 156.73
19 827-01837 InfoPath 2007 English MVL $ 123.03
20 821-00835 MapPoint 2006 English MVL $ 156.73
21 IZ83-00295 MapPoint Fleet 2006 Enalish MVL ~ $ 768.4 7
% "-'.' ~'.~'~~""-'-~ >>'.t'. ,. """'.'"'!c....I.oi!*~<.;;>-: \'"~"..:.I~:,....,""....~!:<<'..'''-~..4".#_~ " "'~,~6 "'~Vti ~~.--..~'~
;
..
23 861-00288 Office Communicator 2005 English MVL $ 20.22
24 021-02910 Office English WAH MVL "- $ 118.81
25 76J-01412 Office Enterprise 2007 English MVL "\. $ 385.93
26 79T-00959 Office Groove 2007 English MVL "- $ 91.00
27 731-01070 Office Mac 2004 English MVL
28 Y15-00094 Office Mac Pro 2004 English MVL
29 .79P-01207 Office Professional Plus 2007 English MVL MS Office Software
..
30 269-02512 Office Professional Plus English WAH MVL selected
31 79Q-00179 Office 8harePoint Designr 2007 Enalish MVL
32 826-02566 OneNote 2007 English MVL
DATE SUBMITTED:
BILL #
o 7 - /73
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SF
........................................................................................
SUBJECT: Purchase of a refurbished
complete rotating assembly (screw conveyor
& Bowl) for the existing Humboldt S3-01
Centrifuge, at the Wests ide WWTP.
Committee Meeting Date: July 11, 2007
COUNCIL MEETING Date: July 18, 2007
Department: Public Wks & Utilities
Presenter: Pat Coxon
Phone: 473.5448
SUMMARY: The purpose of the WWTP Upgrade Project is to address equipment redundancy
and aging equipment needs to maintain continued reliable operations of the treatment plant.
One component of the project is the replacement of the rotating assembly on the existing
Humboldt 53-01 Centrifuge. Due to its age, and the scarcity of replacement parts, it has been
found to be more cost effective to replace the existing rotating assembly with a reconditioned
one. There were only two companies who were able to locate and provide proposals on complete
rotating assemblies, CONTEC Centrifuges and Centrisys Corporation..
ATTACHMENTS: Proposals from CONTEC Centrifuges, Centrisys Corporation. Fiscal Summary.
FISCAL IMPACTS (Include Budgeted Amount): 594.3535.5020/WWTP Wet Weather Upgrade.
2007 Budget of $4,000,000.
APPROVALS:
DEP ARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
~, e .8v,r- ~=--
/I} ).:e'f07&"? ~.
CONSENT AGENDA ~
GENERAL BUSINESS 0
PUBLIC HEARING D
RECOMMENDED MOTION: Move to approve the purchase of the complete rotating assembly for
the Humboldt S3-01 centrifuge from CONTEC Centrifuges, in the amount of$99,870.00.
COUNCIL ACTION: 0 Approve 0 Deny D Table
D Continue 0 No Action
COUNCIL SUMMARY
BREMERTON WWTP WET WEA THER FACILITIES UPGRADE
Humboldt 53-01 Centrifuge Rotating Assembly Purchase
Summary
The purpose of the WWTP Upgrade Project is to address equipment redundancy and aging equipment
needs to maintain continued reliable operations of the treatment plant. One component of the
project is the replacement of the rotating assembly on the existing Humboldt 53-01 Centrifuge. Due
to its age, and the scarcity of replacement parts, it has been found to be more cost effective to
replace the existing rotating assembly with a reconditioned one. There were only two companies who
were able to locate and provide proposals on complete rotating assemblies, CONTEC Centrifuges and
Centrisys Corporation. Their proposals are attached.
Fiscal Summary
The centrifuge rotating assembly purchase is budgeted through the $4,000,000 allotted for the
WWTP Upgrade Project for 2007.
The Bremerton WWTP Wet Weather Facilities Upgrade is funded by a combination of loans and a
5T AG Grant. Existing sources of funds are:
Loan/Grant STAG Grant - In PWTF - SRF - DOE In PWTF - In Hand
hand In Hand Hand
Amount $1,746,000 $200,000 $1,000,000 $3,000,000
Loan Fee N/A N/A N/A N/A
(included in
Loan Amount)
Match Required 71% 15% N/A 15%
Term N/A 5-Years (Note 1) 20-Years 20-Years
Interest Rate N/A 0.5% 2.6% 0.5%
Annual Debt N/A $40,500 $64,500 $158,000
Service
(approx.)
Notes:
1. The term of the PWTF design loan can be increased to 20-years if the City has secured construction financing by
June 30, 2007. Upon execution of this PWTF loan, the City will pursue the available increase in the term of this
loan.
This project is included in the Capital Improvement Plan, and in the 2007 budget. The 2007 budgeted amount is
$4,000,000. This loan, and all currently forecast debt not anticipated by the 2005 Rate Study, was included in
the attached revenue requirements evaluation. The analysis concluded that the proposed additional debt will
not impair the adequacy of the fund balance for the wastewater utility, and further that rate revenues as
currently anticipated are sufficient to cover the projected operating costs, debt service (with additions) and
capital expenditures not provided with debt proceeds.
WasteWater System
Revenue Requirements Update
Current 3/2212007
2007 2008 2009 2010 2011
Beginning WasteWater Fund Balance $2,472,973 $1,565,133 $2,283,876 $3,659,303 $5,433,915
Revenues from Rates & Fees for Services (Note 1) $12,634,658 $13,013,698 $13,404,109 $13,806,232 $14,220,419
Revenues from Other Sources Excluding Grants & Loan proceeds (N.ote 1) $390,000 $92,700 $95,481 $98,345 $101,296
Revenues from Grants & Loan Proceeds $10,836,976 $600,000 $1,450,000 $7,200,000 $5,000,000
Additional Revenues from Southwest Bremerton Sewer Project (see detail below) $91,050 $375,000 $408,000 $441,000 $474,000
Totel Revenues & Receipts $23,752,684 $14,081,398 $15,357,590 $21,545,577 $19,795,715
Operating Expenses (personnel & supplies/services) (Note 1) $5,478,848 $5,643,213 $5,812,510 $5,986,885 $6,166,492
Debt Service Expense (includes new debt assumed) $5,105,408 $4,013,585 $2,725,709 $2,924,768 $2,913,826
Capital Expenditures (includes additional capital programs) $12,965,000 $2,581,250 $4,265,000 $9,645,000 $7,585,000
Transfers (Note 1) $1,111,268 $1,144,606 $1,178,944 $1,214,313 $1,250,742
Total Expenditures & Transfers $24,660,524 $13,362,654 $13,982,163 $19,nO,966 $17,896,060
Ending WasteWater Fund Balance $1,585,133 $2,283,876 $3,659,303 $5,433,915 $7,333,570
Ending Fund Balance Target Level (12% of Operating Expense Budget) $1,403,463 $1,296,169 $1,166,060 $1,215,116 $1,239,727
11_ Rru.N:IaI GaG & PoIJdes Target? Yes Yes Yes Yes Yes
Debt Service Coverage Factor (Wastewater System Only) 1.22 1.67 2.54 2.44 2.53
Recap of Changes from 2005 Rate Study Update
2005 Rate Study
Capital Project Expenditures $7,615,000 $2,341,250 $3,320,000 $3,945,000 $2,515,000
Capital Project Funding Sources (Including Grants & Loans) $8,237,285 $2,800,000 $2,360,000 $2,421,800 $2,485,454
Residual Capital Funding to be provided by Rate Revenue
Current Proposed Activity
Capital Projects In Current Revised CIP $12,965,000 $2,561,250 $4,265,000 $9,645,000 $7,565,000
Less Capital Projects Included In 2005 Rate Study $7 ,615,000 $2,341,250 $3,320,000 $3,945,000 $2,515,000
Equals New Capital Projects not Included in 2005 Rate Study $5,350,000 $220,000 $945,000 $5,700,000 $5,050,000
Current Projection of Capital Funding Sources from Grants & Loans $10,836,978 $600,000 $1,450,000 $7,200,000 $5,000,000
Less Capital Funding Sources from Grants & Loans Included in 2005 Rate Study $6,037,285 $500,000 $0 $0 $0
Equals New Grants & Loans not included In 2005 Rate Study $4,599,691 $100,000 $1,450,000 $7,200,000 $5,000,000
Additional Debt Service from New Loans not included In 2005 Rate Study $143,000 $759,000 $759,000 $969,000 $969,000
Southwest Bremer/on Sewer Project (not Included In 2005 Rate Study)
Additional General Facilities Charges $90,000 $350,000 $350,000 $350,000 $350,000
Additional Net Rate Revenue available for Capital Projects $1,050 $25,000 $56,000 $91,000 $124,000
Total Additional Receipts from Southwest Brernerton Sewer Project $91,050 $375,000 $408,000 $441,000 $47 4,000
Note 1 - Revenues and operating expenses in 2007 are per the edopted budget/rate schedules. future periods escalated at 3% CPI thereafter.
Nota 2 - Debt service coverage target per the Financial Goals & Policies Is 1.5X for the combined utility systems. 2007 debt service coverage
for the wastewater system standalone falls just short of the target level - but Is expected to be above 1.5 on a combined system basis. Meets
Financial Goals & Policies expectations.
'l:-"~-- ~'C 0 N TEe
,,~~ . \ CENTRIFUGES
A~T1l. Group
Patric Coxon
City ofBremerton
Public Works & Utilities Dept.
Waste Water Treatment Plant
Bremerton, W A 98312
USA
Quotation Q3019 - S3-01 Rotating Assembly
Dear Pat,
We are pleased to confirm our offer as follows:
Scope of Supply:
One rotating assembly, comprising a screw conveyor and bowl assembled with internal
bearings, gaskets, snap ring, drive pin, O-Rings and seals.
The scroll will be fully tiled with 1 ~ inch wide sintered tungsten carbide tiles (450 tiles)
and fully dynamically balanced to ISO 1940 standard G 2.5 tolerance. The bowl will be
fully dynamically balanced to ISO 1940 standard G2.5 tolerance. The sintered tungsten
carbide tile will last more than 3 times the life of the flame sprayed tungsten carbide.
Bowl and scroll materials of construction will be ST 52 carbon steel and all surfaces will
be encapsulated with a 2-part epoxy resin, heat cured for corrosion protection.
The scroll will be installed in the bowl with all necessary internal bearings, seals and
gaskets and the bowl trunnions will be wrapped and protected against corrosion.
Price: complete as above, strapped to a pallet for shipping
Additional parts: Main bearings, spacers & pedestals
$ 91,960.00
$ 3,344.00
Total
$ 95,304.00
Delivery: 8 to 10 Weeks ARO
Page 1 of 2
Terms of Payment:
60 % with written Purchase Order
30 % Prior to shipping
10 % 30 days from date of shipment
The price is for the scope of supply packed and loaded on to transportation by standard
freight carriers, excluding shipping and taxes due.
Regards,
Anja
Page 2 of 2
.1 a~... 1 VI ..J
Patrie Coxon
From: Chris Gatewood [spindoetor@sbeglobal.net]
Sent: Wednesday, June 13, 20076:45 AM
To: Patrie Coxon
Cc: John Bykonen; Ned Lever
Subject: Centrisys - Spare Centrifuge Rotor
Patric,
I am pleased to offer the following price for the spare refurbished rotating assembly for your currently
installed Humboldt S3-0 I rotating assembly.
D~~c.rip.tiQJ.1~
Manufacturer:
Model:
Materials of Construction:
Humboldt
S3-01
Bowl - Carbon Steel
Scroll - Carbon Steel
Stainless Steel
Two Part Epoxy - All Carbon Steel Parts
Spray Fused Tungsten Carbide
Fasteners:
Coating:
I-lard Surfacing:
fcking;.
Pricing:
Spare Rotodiff (1 07T):
$89,000 excludes rotodiff
$ 8,500 installed (additional)
Ter.m.s;
Shipping:
Warranty:
Delivery:
Terms:
Full Freight to Plant Site - Omoading by Plant
6 months from stmiup or one year from delivery
4 to 8 weeks from order recei pt
] 00% Payment due Net 30 from Receipt of Unit at Plant
***
Sorry for the delay in getting this to you. There is fewer and fewer of these machines sitting available as
they are being replaced with high performance units. The carbons steel units are typically being
scrapped or in such poor condition they are not safely operable. Regretfully, I was unable to locate
anything manufactured in stainless steel.
Please give me a call to discuss this in greater detail @ 209-304-2200.
Regards,
Chris Gatewood
Centrisys Corporation
6/20/2007
DATE SUBMITTED: July 4. 2007
BILL #
07 - 1/1
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SEt
.........................................................................................
SUB.JECT: Purchase of 8 Street Lights for
Pacilic A venue
Committee Meeting Date: July 11,2007
COUNCIL MEETING Date: July 18,2007
Department: PW&U, Engineering
Presenter: Michael Mecham
Phone: 473-5288
SUMMARY: The Department of Public Works and Utilities wants to purchase eight street lights for
Pacific Avenue from Sixth Street to Fourth Street. These street lights are Spring City style which
presently exists in the improved areas of downtown. Spring City Electrical Manufacturing is a sole
source provider for these street lights.
ATTACHMENTS: 1. Council Summary; 2. Price Quote
FISCAL IMPACTS (Include Budgeted Amount): The cost of these lights is $53,205.31 including
sales tax. Funds for the improvement of Pacific A venue are in the 2007 Arterial Street Budget.
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
~~Y\ e 6~~
&J ..///~ - .
A /.-/XJ.'~ /F/
- - (
\.
CONSENT AGENDA ~.
GENERAL BUSINESS 0
PUBLIC HEARING 0
RECOMMENDED MOTION: Move to approve the purchase 01'8 Spring City style street lights for
$53,205.31.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
PURCHASE OF EIGHT STREET LIGHTS
COUNCIL SUMMARY
SUMMARY:
In the 2007 Arterial Streets Budget is the improvements of Pacitic A venue. Paci lic
Avenue will be improved similar to Washington Avenue in the vicinity of the Conference
Center. The Spring City style lights \vere adopted by City Council as the downtown
standard street lights in 2004. These street lights need to be purchased for Paci tic
Avenue from Sixth Street to Fourth Street. Two of these lights will be sold to Tim Ryan
Construction for the frontage improvements at the new building on the southwest corner
of Sixth Street and Pacific Avenue. These lights will be ordered with the lights for the
Tunnel Project to facilitate shipping from the east coast.
FINANCIAL SUMMARY:
The improvements for Pacific A venue are included in the 2007 Arterial Streets Budget.
( ',~)' (~/Hr('m('rl{)ll
fJllrc!wsc 1!/Fl,l.!,iJIS'tFeC! I-lg/lfsjiJr 1)(j('~/i( .-1\'('1/1/('
./1I11e' }li07
Spring City Electrical NIanufacturing
Project Quotation
Phone: (6/0) 948-4000 Fox: (6/0) 948-5577
Agency: ERW (Electrical Representatives West)
Agent: George/Frank
Quote #: S-14636
Project: Bremerton PED/BTC Access
Date: 2/23/2007
Comm %: 0.00%
Previous Sales Order:
Previous DWG No.:
Revision Number:
Revision Date:
Quantity Item / Description
42 BAAl Hudson River Park Twin post per LP-26097
Less lamps, anchor bolts by others, Banner arm included
s- J 4636 Page] of 1
Unit Price Extension
$6,037.00 $253,554
3
Adder for TwistLock Photocell option
$97.00
$291
Total Price: $253,845
c
---'
..~I '~_"
.I "
"
* Based on current conditions, manufacturing lead time to shipment is estimated to be 10-12 weeks
from receipt of an acceptable release at Spring City. * No lamps included.
* Quotation is subject to approval as offered * Quotation includes fixtures.
* Any orders resulting from this quotation are subject to credit approval * Quotation includes poles.
* FOB shipping point, prepaid and allowed
* Quotation is valid for 60 days.
* Anchor bolts not included.
* Standard terms and conditions of sale apply. Tenus are net 30 ship date.
* In the absence of written specifications this otTering is made subject to our standard production methods.
* Unless specifically noted otherwise, this quotation is based upon the items and quantities as indicated.
Spring City reserves the right to amend the quoted price should items and/or quantities change.
:;: Notes: * Freight is prepaid and billed
for orders under $2,000
Chris Rosfelder
- - -------- -.__._~---~._--_._._-- -~---_..~_._------~-----_._._----_._._~-~--~
DATE SUBMITTED: July 4.2007
BILL #
07-- (75
AGENDA BILL
(TTY OF BREMERTON
CITY COUNCIL
514
........................................................................................
SlJB.JECT: Approval of PSA with
HDRJFishPro for design of the Brentwood
Drive Fish Passage Culvert project
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
7/11/2007
7/18/2007
PW&U. Engineering
Mike Mecham
473-5288
SUMMARY: The City has negotiated a Professional Services Agreement with HDR/FishPro. an
engineering consultant with specific expertise in fish-passable design, to provide engineering services
for the Brentwood Drive Fish Passage Culvert project. The project will replace an existing fish
barrier culvert where Ostrich Bay Creek crosses Brentwood Drive with a fish passable culvert.
HDRJFishPro wiII provide engineering design, support and related project management, bidding and
construction support.
A TT ACHMENTS: 1) Council Summary; 2) Professional Services Agreement; 3) Aerial Photo
Exhibit
FISCAL IMPACTS (Include Budgeted Amount): The amount of the Professional Services
Agreement is not to exceed $36,503.00. The design is funded by rates. The project is included in the
2007 budget.
APPROVALS: (~_
DEPARTMENT DIRECTOR: _,..--
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
~- ~J-
/1z CA'@ 1:'- / .
CONSENT AGENDA -,
GENERAL BUSINESS D
PUBLIC HEARING D
RECOMMENDED MOTION: Move to approve the Professional Services Agreement with
HDR/FishPro and authorize the Mayor to finalize and execute the agreement with substantially the
same terms and conditions as presented.
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
BRENTWOOD DRIVE FISH PASSAGE CULVERT
Council Summary
Contract Summary
This project will replace an existing culvert where Brentwood Drive crosses
Ostrich Bay Creek. The existing culvert is a barrier to fish passage and it will be
replaced by a fish passable structure. Replacement of the culvert is required as
mitigation for the Hydraulic Project Approval for the Brentwood Drive Storm Drain
Repair project completed in 2005.
The City has negotiated a Professional Services Agreement with HDRIFishPro to
provide engineering services for which the City does not have in-house expertise,
specifically design of fish passable structures. Services will also be provided by
HDRIFishPro during the bidding and construction phases of the project in support
of their design.
Fiscal Summary
The cost of this PSA is $36,503.00. The 2007 budget for this project is
$50,000.00 and is funded by rates.
Cif)' of Hre/1/erlun
HreJllw()od Drive Fish Fassagc C/I/verl
Jnne :!OI!7
PROFESSIONAL SERVICES AGREEMENT
DESIGN SERVICES FOR
BRENTWOOD DRIVE FISH PASSAGE CULVERT
This Agreement is between the City of Bremerton, a municipal corporation (hereinafter
referred to as "City") and HDR Engineering, Inc. ("Consultant"), referred to collectively as the
"Parties," enter into the following Agreement for professional services:
I. Scope: The Consultant agrees to provide the services set out in the Scope of Work
attached hereto and incorporated herein by this reference as Exhibit A. The Scope of Work may
be modified only pursuant to Section VII D. of this Agreement. If the Scope of Work provides
for unspecified additional services the City may request, such services shall only be performed
upon the express, written request of the City.
II. Term: This Agreement commences upon issuance of a written Notice to Proceed by the
City and terminates on December 31, 2008, unless another date is substituted pursuant to Section
IX. The Parties agree that time is of the essence for completing this work and agree that work
under this agreement will be completed by the termination date of this agreement.
III. Compensation: In consideration of the services provided pursuant to this Agreement, the
City shall pay Consultant in an amount not to exceed Thirty Six Thousand Five Hundred
Three Dollars ($36,503). Consultant's charges and bills shall conform to the fee schedule
attached as Exhibit B and incorporated herein by reference. The amounts for individual tasks set
forth in Exhibit B may vary provided the total is within the not-to-exceed amount, less the
amount set aside for additional services, of this Agreement.
The Consultant shall submit regular billing statements describing services rendered and
the amount charged for each service consistent with the level of detail provided in Exhibit B. The
descriptions shall conform to and fall within the categories set out in the Scope of Work. Upon
receipt of a conforming billing statement, the City shall promptly process payment.
Consultant shall not perform work beyond the Scope of Work, nor shall be compensated
for such work, unless the Scope of Work or amount of compensation is modified pursuant to this
Agreement. Additional services shall be compensated for only if requested pursuant to Section I
and shall be compensated as set out in the request or, if the request does not so provide, as set out
in Exhibit B.
Brelllerton/HDR -- Brentwooc! Drive Fish Passage Culvert
Pml'essional Services Agreement
Page I nf 5
If a billing statement does not conform to this Agreement. the City may withhold
payment until the statement is brought into compliance. Such withholding does not relieve
Consultant of its obligations under this Agreement.
IV. Opinions Of Probable Cost (Cost Estimates) Any opinions of probable project cost or
probable construction cost provided by Consultant are made on the basis of information available
to Consultant and on the basis of Consultant's experience and qualifications, and represents its
judgment as an experienced and qualified professional engineer. However, since Consultant has
no control over the cost of labor, materials, equipment or services furnished by others, or over
the contractor(s') methods of determining prices, or over competitive bidding or market
conditions, Consultant does not guarantee that proposals, bids or actual project or construction
cost will not vary from opinions of probable cost Consultant prepares.
V. Relationship of Parties: Consultant is skilled in the matters addressed in the Scope of
Work and will perform independent functions and responsibilities in the area of its particular
field of professional services. Consultant and its personnel are independent Consultants and not
employees of the City. Consultant and its personnel have no authority to bind the City or to
control the City's employees and other consultants or contractors.
As an independent consultant, Consultant is responsible for its own management. The
City's administration and enforcement of this Agreement shall not be deemed an exercise of
managerial control over Consultant or its personnel.
As an independent consultant, Consultant is responsible for payment of all taxes and
licensing fees necessary to perform its obligations under this Agreement. These taxes and fees
include but are not limited to State industrial insurance, B&O, State professional licensing, and
City business licensing. If any taxes or fees due the City have been declared delinquent, the City
may withhold the delinquent amount, plus any additional charges arising from the delinquency,
from any payments due Consultant.
VI. Insurance and Hold Harmless: Consultant shall provide Certificates of Insurance to the
City's Risk Manager verifying the following coverage: 1) a professional liability policy ("E&O")
providing coverage of $1,000,000 for negligent errors and omissions committed by Consultant
while performing its obligations under this Agreement, and 2) a comprehensive general liability
("COL") policy providing coverage of at least $1,000,000 per occurrence and including bodily
injury and property damage. The COL shall name the City as an additional insured. Both policies
shall remain in full force and effect, and provide coverage for the full term of this Agreement.
Insurer shall provide the Risk Manager with 30 days' written notice of any cancellation or
change of coverage of either policy.
Consultant shall. at all times, be solely responsible for the negligent or wrongful acts or
failures to act of its personnel, subconsultants and agents which arise in any way out of the
performance of this Agreement. Consultant agrees to defend, indemnify, and hold harmless the
I3remerton/HDR - Brentwood Drive Fish Passage Culvert
Professional Services Agreement
Page 2 of 5
City and its appointed and elected officials 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
any time resulting therefrom, sustained by any person or persons, and on account of damage to
propel1y, to the extent arising out of the willful misconduct or negligent performance of the
Agreement. if such il~juries to persons or damage to propel1y is due to the willful or negligent act
or omission of the Consultant, its subconsultants, its agents, or assigns.
The City and Consultant have specifically negotiated Consultant's waiver of its immunity under
Title 51 RCW, which is hereby waived for purposes of Consultant's indemnification and hold
harmless of the City, including the duty to defend. This provision shall be inapplicable to the
extent such action, claim, or lawsuit is judicially found to arise from the acts or failures to act of
the City.
VII. General Conditions:
A. Reports and Information: When requested by the City, Consultant shall furnish
periodic reports and documents on matters covered by this Agreement. The reports and
documents shall be furnished in the time and form requested. Consultant shall maintain
accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to
substantiate all billed amounts.
B. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement
between the Parties, and the Parties acknowledge that there are no other agreements, written or
oral, that have not been set forth in the text of this Agreement.
C. Severability: Should any part of this Agreement be found void, the balance of the
Agreement shall remain in full force and effect.
D. Modification: This Agreement may only be modified by written instrument signed by
both Parties.
E. Notices:
Notices shall be in writing and delivered to the following addresses:
City Address
Consultant Address
City of Bremerton
239 4th Street
Bremerton, W A 98337
HDR Engineering, Inc.
3780 SE Mile Hill Dr.
Port Orchard, 'vV A 98336
F. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a
waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be
deemed waiver of any other right or power.
Bremerton/llDR - Brentwooc! Drive Fish Passage C\llvert
Pmkssional Servil~es Agreement
Page 3 of 5
G. Compliance with Laws: Consultant shall comply with all applicable Federal, State,
and local laws in performing its obligations under this Agreement.
H. Choice of Law and Venue: This Agreement shall be interpreted according to the laws
of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement
shall be brought in Kitsap County Superior Court.
1. Attornevs' Fees: To the extent not inconsistent with RCW 39.04.240, in any claim or
lawsuit for damages arising from the parties' performance of this agreement, each party shall be
responsible for payment of its own legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit; however, nothing in this subsection shall limit the City's right to
indemnification under Section VI of this agreement
VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the
public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or
sexual orientation, except for employment actions based on bona fide occupational qualification.
IX. Termination: This Agreement may be terminated, at will, by the City upon 30 days'
notice to the Consultant. This Agreement may be immediately terminated for cause by either
Party if the other Party substantially fails to perform through no fault of the terminating Party,
and the non-performing Party does not commence correction of the failure of performance within
five days of the terminating Party's sending notice to the non-performing Party. Upon
termination the City will be entitled to reports showing the status and/or all work products,
independent of their stage of completion or preparation format, of all items listed in the Scope of
Work current through the termination date.
X. Standard Of Performance: The standard of care for all professional engineering and
related services performed or furnished by Consultant under this Agreement will be the care and
skill ordinarily used by members of Consultant's profession practicing under the same or similar
circumstances.
XI. Construction Procedures: Consultant's observation or monitoring portions of the work
performed under construction contracts shall not relieve the contractor from its responsibility for
performing work in accordance with applicable contract documents. Consultant shall not control
or have charge of, and shall not be responsible for, construction means, methods, techniques.
sequences, procedures of construction, health or safety programs or precautions connected with
the work and shall not manage, supervise, control or have charge of construction.
XII. Re-Use Of Documents: All documents, including all reports, drawings, specifications,
computer software or other items prepared or furnished by Consultant pursuant to this
Agreement, are instruments of service with respect to the project and are the property of the City.
Any reuse by the City for other than the specitic purpose intended will be at City's sole risk and
without liability or legal exposure to Consultant, and City will defend, indemnify and hold
harmless Consultant from all claims, damages, losses and expenses, including attorney's fees
Br.:m.:rton/HDR - Brentwood Drive Fish Passage Culvert
Proli:ssional Services Agreement
Page 4 of5
arising or resulting therefrom. The format for documents and work products shall be as specified
in the exhibits.
IN WITNESS WHEREOF the pm1ies hereto have executed this Agreement the date and
year indicated.
HDR ENGINEERING, INC.
CITY OF BREMERTON
Mike McGowan
Vice President
date
Cary Bozeman,
Mayor
date
Approved as to form:
Roger Lubovich, City Attorney
Received for Filing:
Paula Johnston, City Clerk
Bn':lll.:r(on/HDR - Br.:ntwood Driw Fish Passag.: ClIlv.:rt
Prokssional Services Agreement
Pag.: :\ oj' 5
EXHIBIT A
CITY OF BREMERTON
BRENTWOOD DRIVE FISH PASSAGE CULVERT
SCOPE OF WORK
INTRODUCTION
HDR/FishPro (HDR) is entering into an agreement with the City of Bremerton (City) to
provide design services for the replacement of an existing culvert under Brentwood
Drive. Site surveys to serve as the basis of the design will be provided by the City of
Bremerton. HDR will provide bid ready documents to the City of Bremerton for bidding
by independent construction contractors.
SERIES 100 TASKS - PROJECT MANAGEMENT
Task 101 - Project Management
Consultant Responsibilities:
1. Contractual and internal project controls and accounting.
2. Staff administration and scheduling.
3. Monthly reports and invoices.
Assumptions:
1. Standard invoices will be prepared on a monthly basis.
2. HDR standard monthly invoice format will be utilized. This format contains an
itemized list of project staff who charged to the project, hourly rates, number of
hours charged, and Other Direct Charges (ODCs).
3. Invoice hours will be classified by tasks.
4. No backup information (i.e. timesheets, logs, receipts, etc.) will be submitted with
the invoices unless specifically requested by the City. Backup information will be
available in HDR files for inspection by City of Bremerton project auditing staff,
if requested by the City.
5. The City will maintain the role of overall project coordination with other
governmental agencies and utilities.
6. At this time no subconsultants have been identified for this work.
7. City of Bremerton will reproduce all documents for distribution to all agencies,
contractors, etc.
Work Products:
I. Monthly standard invoice
Cit." (lj' Brelllertoll
BrentlV(lod Culvert
Erhibit A - Scope (If" Work
06/29/2007
SERIES 200 TASKS - CULVERT CONSTRUCTION DOCUMENTS
Task 201 - Preliminary Design Report
Consultant Responsibilities and Assumptions:
Assumptions:
I. Culvert design shall be a Stream Simulation in accordance with the latest edition
of Design of Road culverts for Fish Passage published by Washington
Department of Fish and Wildlife.
2. Restoration of Brentwood Drive following construction of the culvert shall be to
the pre-existing condition relative to vertical and horizontal alignment, shoulder
width, and pavement width. Design requirements details etc. for embankment
construction, pavement base preparation, and paving shall be provided by the City
of Bremerton.
3. Restoration of Brentwood Drive utilities following the installation of the new
culvert shall be to the pre-existing condition relative to vertical and horizontal
alignment. Design requirements details etc. for all utilities shall be provided by
the City of Bremerton.
4. All drawings to be completed in AutoCAD using standard APW A format.
5. Minimum soil design parameters as noted in IBC (latest adopted version by City)
shall be used as basis of design.
Responsibilities
1. August 13th Design Submittal shall consist of a Preliminary Design Report
containing the following sections:
A. Introduction (basic project information)
B. Site survey plots on IIx17 sheets (accordion fold) including:
Existing site plan with I ft contours (Based on City supplied information)
C. Hydrologic analysis
Determination of the IOO-year flow will be based on the USGS regression
analysis method
D. Proposed culvert design:
a. Plan view drawing showing clearing limits, structure type (bottomless
corrugated metal arch, bottomless concrete arch, concrete box, or eliptical
pipe)
b. Profile drawing showing structure length and stream bed slopes upstream,
inside the structure, and downstream
c. Streambed materials and configuration
d. Bed controls (if needed)
E. Description of affected utilities, (existing utility info based on information
supplied by City of Bremerton).
F. Traffic control. Note: HDR will not provide a traffic control plan. It is
assumed that during construction the City of Bremerton will close Brcntwood
Drive in the vicinity of construction and provide a detour route with all
City o(/3remertol/
/3rcl/t\l:ood CIIII'crt
2
Exhibit A - Scope of Work
06/29/2007
necessary signage and local notification. (Detour route could be placed at
south end of Brentwood Drive to existing parking lot by Super 8 and Dairy
Queen)
G. Preliminary Opinion of Probable Construction Cost (OPCC) with quantities.
City Responsibilities:
1. Physical site data for design will be provided on a survey supplied by the City of
Bremerton. This data will include topography (1 ft contours, upstream and
downstream inverts, stream alignment a minimum 200 ft up stream and down
stream of culvert), property lines and corners (public and private) right of way,
any easements, all utilities, (stormwater, water, sewer, phone, fiber optic, etc.),
trees larger then 6 inches within 100 ft of the inlet and outlet, elevations as
required to define topography and any physical feature, any road control and
datum used for survey as well as all inverts of storm sewer and any utility that
may be affected.
Work Products:
1. Three hard copies of the Preliminary Design Report
Task 202 - Final Design and Construction Documents
Consultant Responsibilities and Assumptions:
Assumptions:
1. Comments from WDFW, City of Bremerton or other agencies on the Preliminary
Design Report shall be incorporated into the final design insofar as they do not
result in deviation from the base assumption that the culvert will be a Stream
Simulation design, or require significant alterations of the proposed culvert
alignment or profile.
2. It is assumed that HDR will develop specifications including Divisions 2 through
8 (CSI format) as required for this project and that the City of Bremerton will
assemble the bid proposal, project bid package, front end specifications and
coordination of specifications.
Responsibilities:
Finalize the Preliminary Design Report and Prepare Construction Documents
I. Finalize Preliminary Design Report by adding any additional comments from the
review process following the submittal of the Preliminary Design Report.
2. Final Drawings and Specifications suitable for bidding and construction by
pri vate contractors shall be prepared, including:
A. Existing site plan showing clearing limits
B. Culvert Site Plan
City o!'Brelllertol1
Brel1tlVooc! ClI/vcrt
3
Erhibit A - Scope of Work
06/29/2007
C. Culvert Profile
D. Culvert sections and details as required for construction
E. Streambed grading profile and section as required
F. Technical Specifications for construction
3. Construction Drawings and Specifications shall be stamped by a Professional
Engineer licensed in the State of Washington.
Work Products:
1. Three hard copies of the finalized Preliminary Design RepOlt including complete
hydrologic, hydraulic, civil engineering, and other necessary calculations
associated with the design
2. One set of original stamped construction-ready Drawings on 11 x 17 sheets, one
bound copy of the Specifications and one original stamped unbound copy of the
Specifications.
Task 203 - Permitting Support
Consultant Responsibilities:
1. We under stand that permitting assistance is not necessary and as such it has not
been included in this scope of work. However, if it is needed, HDR can assist on a
time and materials basis as requested by the City of Bremerton.
Work Products:
1. None unless assistance is authorized by the City of Bremerton.
SERIES 300 TASKS -MEETINGS
Task 301 - Agency (WDFW) and Client Meetings
Consultant Responsibilities:
1. HDR shall attend one meeting with the City of Bremerton to review documents
prior to the August 13th meeting with WDFW, one meeting with WDFW
regarding the August 13th submittal, and one meeting with the City of Bremerton
for the 90% complete design to ensure compliance with City of Bremerton codes
and reference information supplied.
Work Products:
l. None
Cit\' of Br('lI/erwn
Hr/'I/!I\'ood C//lv('rr
4
Erhibir A ~ Scope of' Wurk
06/29/2007
SERIES 400 TASKS - CONSTRUCTION ADMINISTRATION
Task 401 - Bidding and Construction Administration
Consultant Responsibilities:
I. Bidding Assistance shall consist of attendance (HDR) at a pre-bid site visit to be
arranged by the City of Bremerton, and an allowance of 8 hours of Civil Engineer
time to address technical questions from bidders and issue addenda if needed.
2. Construction Assistance shall consist of:
A. Two site visits during the course of construction.
B. An allowance of 8 hours of Civil Engineer time to process change orders,
instructions to the construction contractor, and/or interpretations of the
construction documents during construction.
C. One substantial completion (pre-final) observation punch list to provide
direction to the City of Bremerton and the construction contractor for
completion of the project.
D. A final inspection to verify that work is completed in accordance with
Drawings and Specifications.
3. Following construction, HDR shall prepare a set of Project Record Drawings
based on a set of redline as-built drawings maintained by the construction
contractor during construction.
Work Products:
1. Punch list and project record drawings
City Responsibilities:
1. Perform daily inspections as required by the bid documents.
2. Provide special inspection services as required by the bid documents.
3. Provide payments to contractor, and all remaining construction administration
work as required by the bid documents.
SERIES 500 TASKS - ADDITIONAL SERVICES
Task 501 -Additional Engineering Services
Additional engineering services will include specific tasks outside the scope of work
requested by the City during the course of the project. No work can be completed on
these tasks without prior written authorization by the City. Scope of services and budget
for each requested task will be defined prior to written authorization.
City oj'Brc//1crto/1
13rclltll'ood ClI/I'Crt
5
Exhibit A - Scope of Work
06/2Y/2007
EXHIBIT B - Estimate of Professional Services
Client:
Address:
Project Name:
Date:
Services;
City of Bremerton
3027 Olympus Drive, Bremerton, WA, 98310
Brentwood Culvert Replacement
6/29/2007
Contact:
Tel/Fax:
Brad Ginn, P,E,
360-473-5344
Type:
Activities:
Project Number
Projecl Manager: ,Jason HilI. P,E,
Engineering Design
Preliminary Design
Construction Observer
Labor Costs
Total Total
Project Tasks W W C g> -0 Hours Costs
'" ciJ-g
0> g? w I ~ ~ ~ .~ by by
2 .c tDo:
.~ '" u .~ '"
'" C 0> '" 0> u ~i Task Task
:;: w .~ W .~ >-- 'in <{ 0
0: '" D:
1:3 3' w :v .~ 0 0> 0 U
'" U c '" -0 :.0 c:
"e- 3' ro g' '3' w '3' '0- <0
-0 '"
(L ii5 u ;;;:w u ii5 u D: ;;;: <{(fJ
JH MH IN MG TT RC GG SJ LB
Series 100 Project Management
Task 101 Project Management 3 4 7 751
Series 200 Culvert Construction Documents
Task 201 Preliminary Design Report
Survey Coordination 2 2 266
Hydrologic Data 32 32 4,000
Site Design 4 16 12 32 3,100
Utilities Coordination 4 4 440
Report Preparation 6 4 10 1,150
OPCC 6 6 630
Drawings 24 16 40 3,680
QA/QC 4 2 6 800
Task 202 Final Design
Drawings 32 16 48 4,320
Specifications 10 14 4 28 3,222
OPCC 6 6 630
QA/QC 4 2 6 800
Task 203 Permitting NOT INCLUDED IN THIS SCOPE OF WORK
Series 300 Meetings
Task 301 Meetings
WDFW(l) 6 6 798
City of Bremerton (2) 8 8 1,064
Series 400 Construction Administration
Task 401 Bidding and Construciton Assistance
Techical Questions/Addenda 2 8 10 1,266
Pre-bid meeting 2 4 6 766
On-site observation (2 visits) 8 8 1,000
Interpretation/Changes 8 8 1,000
Pre-final and final inspections 8 8 1,000
As-built drawings 2 8 10 1,130
Task 501 -Additional Engineering Services 3500 3,500
Hours Subtotal 39 8 4 74 72 12 70 12 3500 273 --
Hourly Rate 133 135 130 125 80 105 110 88 56 -- --
Labor Cost Subtotal 5187 1080 520 9250 5760 1260 7700 1056 3500 -- 35,313
Other Direct Costs Quantity Rilte Subtotal
Travel Expense lump sum 1 flump sum
Cilr Rental days 1 day
Mileoge 120 miles 0.485 1 mile 58
Airlore trips / trip
Lodging & Per Diem days ! day
Communications months 1 month
Copies 500 caples 0.10 / copy SO
Plots 24 plots 3.00 ! plot 72
Tech, Cosl Recovery 273 hrs 3.70 / hr 1,010
Miscellaneous lump sum / lump sum
Total Labor Cost
Total Other Direct Costs
Total Project Cost
535,313
51190
$36,503
DArE SUBMITTED:
BILL# 07- 170
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
5Z
........................................................................................
SUBJECT: Sole source contract with
NorthWind Marine of Seattle for
refurbishmcnt work on the Fire Department
Rescue boat
Committec Meeting Date: .July 11,2007
COUNCIL MEETING Date: .J uly 18, 2007
Department: Fi re Department
Presenter: Mick McKinley
Phone: 473-5382
SUMMARY: The Fire/Rescue boat has been in storage for the last three years due to budget
shortfalls. North Wind Marine of Seattle manufactured and has been storing the fire/rescue boat and it
is in the best interests of the City for North Wind Marine to refurbish the boat. The refurbishment will
allow the Department to move forward in re-establishing the water fire/rescue program in Bremerton.
Staff is requesting approval for a sole source contract with North Wind Marine of Seattle for
refurbishment of the fire/rescue boat.
ATTACHMENTS:
1. Memo from Chief Duke
2. North Wind Marine proposal to refurbish Fire/Rescue boat.
aooz. .\ ~~~ ~ ~~\t!~~ .
FISCAL IMPACTS (Include Budgeted Amount): ~ Bond l~ !lad Ou gc; J $65,000 for thIS
work. Work is estimated at $58,830 plus WSST (8.8%) '"t'\...~'So Q..~"'~'\~",,"," .. ~ " ....t..\"'6~&
1.cx:::r"l Q\,)'o\h:. ~~~ ~ ~~ \o~~e...\-' ~~ ""\1<. \G1
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
\-.J
~"'"
- -------~
/
COMMITTEE CHAIR
COUNCIL PRESIDENT:
~
: .. -' JY//(&---;;r- .
CONSENT AGENDA%-
GENERAL BUSINESS D
PUBLIC HEARING D~
RECOMMENDED MOTION: Move to approve a sole source contract pursuant to BMC 2.76.090
with N0l1h Wind Marine of Seattle and authorize the mayor to finalize and execute a contract with
substantially the same terms and conditions as presented in the attached proposal from NorthWind
Marine of Seattle.
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
Sole Source Purchase
North Wind Marine
I am requesting the use of a sole source contract with NorthWind Marine to refurbish the Fire
Departments Water Rescue boat. NorthWind Marine was the originally manufacturer of the boat.
With this first hand knowledge they are able to quickly, efficiently, and with sound practices
bring this boat up to a working condition to place it back in service.
NorthWind has had a good track record of working with the city and has proven to be an
honorable and conscientious contractor.
They currently have an opening to work on this boat which will allow for the timely return of this
vessel to service.
Thank you for your consideration.
/\ ."\
/ I (\ .-/
1J ...... ~..l..... ",#
G~/i (I
)', . '-
j A.,,?
...:~~ ....,.-' \...A;
AI Duke
Fire Chief
Bremerton Fire Department
Fire Boat Paint and Recondition Project
July 2,2007
It is the intent of Northwind Marine to provide the following work on the Fire boat currently stored at
Northwind Marine for a price not to exceed $58,830.00 plus state sales tax of $5,235.87 for a total of
$64,065.87. We would propose the work at time and materials and would bill every two weeks as the
project progresses.
Work can start as soon as the Fire Department provides a Purchase Order, the time frame for work will
depend completely on the work load we have at the time we receive the PO. It must be noted that this
price depends on the availability of the used jet pump, which we must order ASAP to secure it.
Work will consist of the following:
. Removal of all electronics, wiring, brackets, windows, '0' rubber, and all other loose items.
. The old bow thruster discharge holes, which are not used, will be filled and the piping
removed.
· "D" rubber around the shear will be removed and the holes filled.
· Install a new swim step to protect the jet drive from the rear.
· Paint: The entire boat will be sand blasted removing all paint. The interior of the house will
be primed and painted with Zolatone and covered with clear coat ( to Zolatone
specifications), The exterior will be primed and painted with White Awl Grip topcoat (to
Awl Grip specifications), and the bottom will be primed and painted with Black E-Paint
bottom paint(to E-Paint specification). The deck, swim step and bow area will be coated with
Matson primer and non-skid.
. Install a used 237 Hamilton Jet Pump, to replace the old useless one, with a used one that has
been used in fresh water. We will have Hamilton replace the impeller with your old one,
which is salvageable, and bed the wear ring as they recommend for salt water, we will also
discuss with Hamilton if additional zinc could be added in the old pump like the newer 274.
· Fuel tanks will be pumped out and cleaned as well as can be without removing them. The
fuel in the tanks has been sitting so long that we feel it is probably contaminated and all of
the contamination can not be removed. The Bremerton Fire Department will have to replace
the fuel filters often to protect filters from becoming plugged.
· Engine over flow tank will be repaired and the engine will be reinstalled in the boat.
· All electronics and electrical components will be reinstalled and than rewired using new
marine grade wiring and connectors.
· Windows and doors will be reinstalled with new bedding compound and all rubber set
windows will have new rubber.
This Quote will be in effect for 30 days.
Don Donart
Manager Special Projects.
DATE SUBMITTI:D: ./uly 3. 2007
BILL #
07- 17]
AGENDA RILL
CITY OF BREMERTON
CITY COUNCIL
S~
........................................................................................
SUBJECT: Ordinance No. ~iI
amending BMC Chapter 9.48 relating to
public displays of fireworks
Committee rvlceting Date: July 11. 2Oq7
COUNCIL MEETING Date: July 18,2007
Department: Fire Department
Presenter: Al Duke/Ken Bagwell
Phone: 473-5381/473-2345
SUMMARY: The current provisions of Chapter 9.48 of the Bremerton Municipal Code do not
provide procedures for permitting and approval of public displays of fireworks. The proposed
ordinance amends Chapter 9.48 of the Bremerton Municipal Code to provide for permitting and
approval of public displays of fireworks.
A 'IT ACHl\'1ENTS: Proposed Ordinance No. 50 17
FISCAL lMPACTS (Include Budgeted Amount): None
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
CONSENT AGENDA ~
GENERAL BUSINESS 0
PUBLIC HEARING 0
COMMITTEE CHAIR
COUNCIL PRESIDENT:
RECOMMENDED MOTION: Move to pass Ordinance No. 5017
the Bremerton Municipal Code relating to public displays of fireworks.
amending Chapter 9.48 of
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
ORDINANCE NO. 5011
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Chapter 9.48 of the Bremelion
Municipal Code relating to public displays of fireworks.
WHEREAS, the Clm-ent provisions of Chapter 9.48 of the Bremerton Municipal
Code do not provide procedures for pen11itting and approval of public displays of fireworks; and
WHEREAS, the City Council desires to update the provisions of Chapter 9.48 of
the Bremerton Municipal Code in order to provide for permitting and approval of public displays
of fireworks; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 9.48 of the Bremerton Municipal Code entitled
"Fireworks" is hereby amended to read as follows:
Chapter 9.48
FIREWORKS
9.48.010 PERMIT - REQUIRED - FEE.
Application for all local fireworks permits including applications for a permit to conduct
a public display of fireworks required by the State fireworks law, Chapter 70.77 RCW, shall be
made to the Fire Marshal. The fees for such permits shall be as set forth in Chapter 3.01 BMC.
9.48.020 PERMIT - CONDITIONS FOR ISSUANCE.
The Fire Chief or his or her designee is responsible for review of any application for a
permit for the sale of fireworks or for a public display of fireworks. If the application meets the
requirement of state law and this chapter. the Fire Chief or his or her designee is authorized to
grant the application and issue a permit.
(a) Sale of fireworks. A permit for the sale of fireworks shall be issued only upon
the following terms and conditions:
(Ia) The applicant shall have a valid and subsisting license issued by the State
Fire Marshal authorizing the holder thereof to engage in the retail sale of safe and sane fireworks
only.
(2.17) The applicant shall have and keep in full force and effect a policy of
insurance approved by the City's Risk Manager saving the City harmless for any acts or failures
of the pemlittee, in accordance with Chapter 70.77 RCW.
O.e) The location of a proposed place of business shall comply with the zoning
ordinances of the City.
(14) The applicant shall provide a land lease agreement for the location of the
proposed place of business signed by the land owner or his authorized representative.
Fireworks
(2e) The applicant shall provide a scale drawing of the location of the proposed
place of business showing the relationship of the fireworks stand to streets and other buildings.
(Q.f) The applicant shall submit the name, address and phone number of the
person or persons responsible for the fireworks stand.
(lg) The applicant shall submit the address of all storage locations for stock
that is kept on reserve and not on display for sale.
(~R) No penl1it applications shall be processed or accepted after the first day of
June of the year ofsa1e.
C2.i) The applicant shall post a fifty dollar ($50.00) cash bond conditioned upon
the prompt removal of the temporary stand and the cleaning up of all debris from the site. If the
permittee removes such temporary stand and cleans up all of the debris before the tenth day of
July of the permit year, he shall be entitled to the return of the fifty dollars ($50.00).
(b) Public display of fireworks. A permit for a public display of fireworks shall be
issued only upon the terms and conditions as set forth RCW 70.77.
(1) It shall be unlawful for any person to hold, conduct or engage in a public
display of fireworks within the City without having obtained a valid permit issued pursuant to
the provision of this chapter.
9.48.030 ST ANDS - CONFORMANCE TO REGULATIONS REQUIRED.
(a) Only "common fireworks" authorized by Chapter 212-17 WAC, except toy caps,
shall be sold only from temporary stands which conform to the written rules and regulations of
the Fire Chief of the City.
(b) Each fireworks stand shall have an adult (eighteen (18) years of age or older) in
attendance at all times. No person under the age of sixteen (16) years old shall be allowed inside
the stand.
(c) A sign stating "NO SALE OF FIREWORKS TO ANY PERSON UNDER THE
AGE OF 16 YEARS OLD, PHOTO ID REQUIRED."
(d) All permittees shall conform to the minimum standards and conditions set forth in
the Rules and Regulations for Retail Fireworks Stands by the Fire Chief.
9.48.040 HOURS AND DAYS OF SALE AND DISCHARGE.
(a) No person shall use or explode any fireworks within the City except from 11 :00
a.m. to 11 :00 p.m. on July 4th of any year or as part of a public display authorized pursuant to
the laws of the State of Washington and this chapter. It shall not be legal to use or discharge
fireworks at any other time, specifically including, without limitation, from 6:00 p.m. on
December 31st of any year until 1:00 a.m. on January 1st of the subsequent year. Only "common
fireworks" authorized by Chapter 212-17 WAC are to be discharged during the authorized time
period.
(b) Sales of fireworks shall be prohibited except from 12:00 noon to 11 :00 p.m. on
June 28th; and from 9:00 a.m. to 11 :00 p.m. on each day from June 29th through July 4th in any
calendar year. Nothing in this provision shall make it illegal to have public displays of fireworks
when approved by the Bremerton Fire Department in accordance with the Bremerton Municipal
Code.
(c) The possession of any class or kind of fireworks in violation of the provisions of
this chapter is prohibited.
2
Fireworks
9.48.050 STATE STATUTE APPLICABILITY.
This chapter is intended to implement Chapter 70.77 RCW, and shall be construed in
connection with said laws and all rules and regulations issued pursuant thereto.
9.48.060 RECKLESS DISCHARGE OR USE OF FIREWORKS.
It is unlawful for any person to discharge or use fireworks in a reckless manner which
creates a substantial risk of death or serious physical injury to another person or damage to the
property of another.
9.48.070 PENALTY FOR VIOLATION.
Any person failing to comply with the provisions of this chapter, or rules or regulations
of the Fire Chief of the City, shall be guilty of a misdemeanor punishable by a fine not to exceed
one thousand dollars ($1,000) or by imprisonment not to exceed ninety (90) days or both. Except
that any person violating the provisions ofBMC 9.48.060 shall be guilty of a gross misdemeanor
and shall be punished by imprisonment not to exceed one (1) year and a fine not to exceed five
thousand dollars ($5,000). A person is guilty of a separate offense for each day during which he
or she commits or continues to permit a violation of the provisions of this chapter.
9.48.080 ENFORCING OFFICER DESIGNATED.
The Fire Chief of the City or his duly authorized representative is designated as the
enforcing officer of this chapter.
9.48.090 PERMIT REVOCATION OR SUSPENSION - AUTHORITY.
The Fire Chief or his or her designee may at any time suspend or revoke any permit
issued under th~is provision~ of this chapter, if the permittee has:
(a) Violated any of the provisions of this chapter, or any of his servants, agents or
employees have done so;
(b) Made any false statement or misrepresentation of fact in connection with
obtaining the permit;
(c) Failed to obtain or has had any license required by the State of Washington to
engage in any act prohibited by Chapter 70.77 RCW, or this chapter, to be done without a
license, suspended or revoked;
(d) Has had any insurance coverage required by this chapter canceled, revoked, or
lapsed.
SECTION 2. Severabilitv. If anyone 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.
3
Fireworks
PASSED by the City Council the
day of
,2007
WILL MAUPIN, Council President
Approved this
day of
,2007
CARY BOZEMAN, Mayor
ATTEST:
APPROVED AS TO FORM:
P AULA JOHNSTON, City Clerk
ROGER A. LUBOVICH, City Attorney
PUBLISHED the
EFFECTIVE the
ORDINANCE NO.
day of
day of
,2007
,2007
R:\Legal\Legal\Ordinances\Fire\2007 Fireworks amendment.ord.doc
4
Fireworks
DATE SUBMITTED: July 4,2007
BILL# () 7__iJJJ
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
5t.
........................................................................................
SUB.JECT: Ordinance No. -5.9~
approvino Reimbursement Aoreement for the
o 0
West 580 Zone.
Committee Meeting Date: July 11,2007
COUNCIL MEETING Date: July 18,2007
Department: Engineering
Presenter: Mike Mecham
Phone: (360) 473-5288
SUMMARY: The proposed ordinance approves the agreement between the City of Bremerton and
GEMl LLC providing for reimbursement of capital improvement costs for construction of a pump
station and transmission main in the Bremerton West 580 Zone.
ATTACHMENTS: 1) Council Summary; 2) Reimbursement Agreement; and 3) Ordinance
FISCAL IMPACTS (Include Budgeted Amount): This agreement allows GEMl LLC to be
compensated by future users in the West 580 Zone for its $2,871,324.85 investment in water
infrastructure. This approach has allowed the Utility to invest this amount of capital in other needed
projects.
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
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CONSENT AGENDA'
GENERAL BUSINESS D
PUBLIC HEARING D
RECOMMENDED MOTION: Move to pass Ordinance No. 5 Q.~9.-- approving the
Reimbursement Agreement with GEM I LLC.
COUNCIL ACTION: D Approve D Dl:ny D Table
D Continue D No Action
REIMBURSEMENT AGREEMENT FOR THE W580 ZONE
STORM SEWER LINE PHASE 1
Council Summary
Summary
Gem 1 LLC owns property within the Bremerton W580 Zone water service area. The properties
are zoned residential and are in various stages of development. In order to provide water
service to the W580 Zone a booster pump station and approximately 10,700 linear feet of 16-
inch water transmission main were required. GEM1 took sole responsibility for the construction
of these improvements at a total cost of $2,871 ,324.85.
As a result, GEM1 is eligible for reimbursement for these improvements through the execution
of a reimbursement agreement. As the improvements provide service to the entire W580 Zone
the reimbursement agreement will apply to all properties requesting service within that zone.
The estimated reimbursement cost per service is $926.23 and applies over and above the City's
General Facilities Fee and connection fees.
Normally, a reimbursement agreement does not require action by the City Council. However,
there are three key elements to this agreement that differ from a typical reimbursement
agreement.
First, there is a portion of the West 580 Zone that has been exempted from paying the
reimbursement fee. The lots were used in the calculation to determine the fair share cost but
the current owners are exempt from paying the reimbursement charge. This is necessary for
GEM1 to honor a previous commitment and only represents a liability for GEM1 as it results in
fewer lots that will pay reimbursement.
Second, there are lots that will be exempt from participation in future off-site distribution main
improvements in the West 580 Zone. The preliminary review of these lots triggered the
construction of the pump station and transmission main improvements. City staff recognize the
significant financial commitment required to construct these improvements and have determined
that said construction adequately addresses the need for participation in offsite improvements
by these lots.
Third, GEM1 has requested that the City waive the standard 15% administration fee required by
BMC Section 15.01.090. GEM1 considers this fee to be excessive for this project and has
requested that the fee be waived in consideration of the capital improvements that were
constructed in this zone. In an attempt to accommodate this request and in order to minimize
administrative efforts, the agreement stipulates that the City of Bremerton will only remit funds
on an annual basis. Interest earned by the City while holding these funds should adequately
cover the administrative cost of writing 15 reimbursement checks over the 15 year term of the
agreement.
Finally, it should be noted that both Public Works and Legal Staff have expended significant
effort in negotiating the terms of this agreement and are recommending it for Council Approval.
Cilr o//3/'<':lI/e"'o/l
Reill/hursell/e/ll Ag/'ee/l/l:/II./<1I' Ihe IYesl 580 /'o/le
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City of Bremerton
Reimbursement Agreementfor the West 580 Zone
July 2007
ORDINANCE NO. 5D' L
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, approving the Reimbursement Agreement
between the City of Bremerton and GEM 1, LLC for the West 580
Zone Pump Station 2A and 16" Water Transmission Main.
WHEREAS, GEM I LLC owns property within the Bremerton water service area
adjacent to Anderson Hill Road and Old Clifton Road on the south side of Sinclair Inlet
identified as the W580 Zone. In order to provide service to the W580 Zone, a booster pump
station and approximately 10,700 linear feet of 16-inch water transmission main were required to
be developed; and
WHEREAS, The GEMl properties are zoned residential and are in various stages
of development and although the City was developing initial plans to extend water service to the
W580 Zone, GEM 1 took sole responsibility for designing and constructing these improvements
at a total cost of $2,900,000 in order to service its development. As a result, GEM 1 is eligible for
reimbursement for these improvements through the execution of a reimbursement agreement;
and
WHEREAS, In consideration of the capital improvements that were constructed
by GEMl and in further consideration that the City of Bremerton will only remit funds on an
annual basis, the reimbursement agreement negotiated by the parties provides that the 15%
administration fee required by BMC Section 15.01.090 will be waived; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The Reimbursement Agreement between the City of Bremerton
and GEM 1, LLC for the West 580 Zone Pump Station 2A and 16" Water Transmission Main is
approved and the Mayor, or designee. is authorized to finalize and execute the agreement in
substantially the same form as set forth in Exhibit A, attached hereto and incorporated by
reference.
SECTION 2. The 15% administration fee required by BMC Section
15.01.090(d) is waived as set forth in Exhibit A.
SECTION 3. Severahilitv. If anyone 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.
W580 Zone Reimbursement Agreement
SECTION 4. Efleclive Dale. This ordinance shall take eFject and be in force ten
(10) days from and afier its passage, approval and publication as provided by law.
PASSED by the City Council the
day 01'___________, 2007
WILL MAUPIN, Council President
Approved this
day of
,2007
CARY BOZEMAN, Mayor
ATTEST:
APPROVED AS TO FORM:
PAULA JOHNSTON, City Clerk
ROGER A. LUBOVICH, City Attorney
PUBLISHED the
EFFECTIVE the
ORDINANCE NO.
day of
day of
,2007
,2007
R:\Legal\Legal\Ordinances\Public Works & Utilities\W580 Zone reimbursement agreementl.doc
2
W580 Zone Reimbursement Agreement
Whl'l1 Rccurdcd Rcturn to:
EXHIBIT A
Nallle: Citv Clerk
.\ddress: 34.~ (1,11 Strect Suite (i()()
Bremertl1l1, WA 911337
REIMBURSEMENT AGREElVIENT FOR WEST 580 ZONE
PUMP STATION 2A AND 16" WATER TRANSMISSION MAIN
Document Title:
Project Name:
Developer Name:
Location:
Tax Parcel #
Abbreviated Legal
Description:
Reimbursement Agreement for Pump Station 2A and 16" Water Transmissil1n Main
580 Zone
GEM 1 L.L.c.
West or Anderson Hill Road and North orGld Clifton Road
See Exhibit B
Located in a portion of Section 4, 5, 32, and 33, Township23 N., R. 1 E, W.M. Kitsap
County, Washington
This Agreement regarding Capital Improvements for the West 580 Zone Water System is
entered into between the City of Bremerton, a Washington municipal corporation ("City") and
GEM I, LLC, a Washington limited liability company ("GEMl ").
RECIT ALS
A. The City is the owner and operator of a municipal water system which includes a
major water system operated in an area known as the West 580 Zone, which is located
north of Old Clifton Road and west of Anderson Hill Road. The area of the West
580 Zone is legally described and identitied in the map set t(}rth in Exhibit A,
attached hereto and incorporated by reference, and further identified by tax parcels .
listed in Exhibits Band C, attached hereto and incorporated by reference.
B. GEM I is in the process of subdividing and developing its property located at the
northwest corner of Old Clitton Road and Anderson Hill Road, also known as the plat
of ' 'The Ridge at McCormick Woods Phase I Division I and 2", hereinafter "Ridge at
McCormick Woods", for purposes of residential development, permitted by the
Kitsap County Comprehensive Plan and an approved Master Plan tor the South
Kitsap Urban Growth Area, which includes a substantial portion of the West 580
Zone area.
Page I of II
When Recorded Return to:
Name: City Clerk
Address: 345 6'11 Street Suite 600
Bremerton. W A 98337
REIMBURSEMENT AGREEMENT FOR WEST 580 ZONE
PUMP STATION 2A AND 16" WATER TRANSMISSION MAIN
Document Title:
Project Name:
Developer Name:
Location:
Tax Parcel #
Abbreviated Legal
Description:
Reimbursement Agreement for Pump Station 2A and 16" Water Transmission Main
580 Zone
GEM] L.L.c.
West of Anderson Hill Road and North of Old Clifton Road
See Exhibit B
Located in a portion of Section 4, 5, 32, and 33, Township23 N., R. 1 E, W.M. Kitsap
County, Washington
This Agreement regarding Capital Improvements for the West 580 Zone Water System is
entered into between the City of Bremerton, a Washington municipal corporation ("City") and
GEM l, LLC, a Washington limited liability company ("GEMl ").
RECIT ALS
A. The City is the owner and operator of a municipal water system which includes a
major water system operated in an area known as the West 580 Zone, which is located
north of Old Clifton Road and west of Anderson Hill Road. The area of the West
580 Zone is legally described and identified in the map set forth in Exhibit A,
attached hereto and incorporated by reference, and further identified by tax parcels
listed in Exhibits Band C, attached hereto and incorporated by reference.
B. GEM 1 is in the process of subdividing and developing its property located at the
northwest corner of Old Clifton Road and Anderson Hill Road, also known as the plat
of "The Ridge at McCormick Woods Phase I Division 1 and 2", hereinafter "Ridge at
McCormick Woods", for purposes of residential development, permitted by the
Kitsap County Comprehensive Plan and an approved Master Plan for the South
Kitsap Urban Growth Area, which includes a substantial portion of the West 580
Zone area.
Page I of 11
C. In order to provide public water service to GEMl's properties in the West 580 Zone
area, substantial improvements to the City's water system in that area are required.
AGREEMENT
In consideration of the mutual promises and agreements, contained herein, the parties agree as
follows:
1. GEMl Improvements: GEM 1 is currently constructing or has already completed
construction of the following improvements:
a. A 16" ductile iron water transmission main from McCormick Woods Drive/Old
Clifton Road intersection to Cook Road Pump Station 2A (approximately 10,700
linear feet).
b. An 1800 gpm water Pump Station identified as Pump Station 2A located at 2424
Anderson Hill Road SW.
2. City Improvements: The following additional water system improvements, and
associated fixtures and appurtenances or alternative improvements that provide a
comparable level of service to the West 580 Zone may be constructed by the City in the
future when and if deemed necessary by the City for the water system in the West 580
Zone:
a. Reservoir - approximately 1.5 MG located near the Feigley Road / Old Clifton
Road intersection
b. Approximately 6,000 feet of transmission main from the McCormick Woods
Drive / Old Clifton Road intersection to the Reservoir
c. Approximately 7,000 feet of distribution main from the Reservoir back to the 1 sl
Phase Div. 2 of the McCormick North project
3. GEM! Responsibility: GEMl is responsible for design, permitting and construction of
improvements, including any cost overruns, of the projects listed in Section 1, above. For
purposes of reimbursement pursuant to Section 6 this agreement, GEMl 's cost of these
improvements is $2,871,324.85. Upon completion, GEMl will dedicate these
improvements to the City.
4. City Responsibility: The City will be responsible for design, permlttmg and
construction including any cost overruns, of improvements of the projects that it may
develop listed in Section 2, above. The City agrees that it will not pass the cost of the
future improvements listed in Section 2 to GEM 1 or its successors or its assigns via a
ULID, zone charge, or other pass through mechanism assessed against the Ridge at
McCormick Woods Phase 1 Division 1, 2, and 3 (also known as the McCormick North
Page 2 of 11
Phase I Preliminary Plat) development as identified by tax parcels listed in Exhibit C,
except as set forth in Section 5 below regarding the City's assessment of a general facility
charge.
5. General Facility Charge: The City may assess a General Facilities Charge "GFC",
\vhich pursuant to the Bremcrton Municipal Code, against GEMl properties including the
Ridge at McCormick Woods Phase 1 Div. 1,2, and 3 developments.
6. Reimbursement Charge: The City agrees that it will also assess a Reimbursement
Charge at the rate of $926.23 per Equivalent Residential Unit (ERU) from all properties
requesting future water service in the west 580 zone system area legally described and
identified in the map set fOlih in Exhibit A, , and further identified by tax parcel numbers
set forth in Exhibit B, , provided the Reimbursement Charge shall not be assessed against
the platted area commonly known as the Ridge at McCormick Woods Phase 1, Division 1
(as identified by tax parcels listed under Division 1 in Exhibit C and excepting the one
parcel identified as Division 2 in said exhibit). The basis of the calculation of the
Reimbursement Charge is set forth in Exhibit D, attached hereto and incorporated by
reference. The Reimbursement Charge funds received shall be remitted to GEMl no less
often than once a calendar year in order to reimburse GEMl for its cost of the facilities
constructed pursuant to Section 1, above.
7. Term of Agreement: This agreement shall remain in f(.)fce for fifteen (15) years from date
of this agreement or full reimbursement of GEMl's costs of improvements identified in
Section 3, whichever occurs first.
8. Latecomer Agreement; No Administrative Fee: The City shall bear the cost of
maintaining the administration and records of the Reimbursement Charge and for
periodic reimbursement to GEM 1 of funds collected. No administrative fee for
processing and remitting the Reimbursement Charge's to GEMl shall be assessed against
GEM1 pursuant to BMC 15.01.090(d), as now or hereafter amended.
9. Representations and Warranties: Each party represents and warrants to the other that
the execution, delivery, and performance of this Agreement are within that party's powers
and have been duly authorized by all necessary company or agency action.
10. Governing Law and Venue: This Agreement shall be construed and interpreted in
accordance with the laws of the State of Washington. Venue for any action brought shall
be in Kitsap County, Washington.
11. Entire Agreement: This Agreement sets fOlih the entire understanding of the parties
with respect to the subject matter of this Agreement and supersedes any and all prior
understandings and agreements, whether written or oral, between the parties with respect
to such subject matter.
Page 3 of 11
12. Successors and Assigns: The beliefits, burdens and obligations set forth in this
Agreement shall be binding upon and inure to the benefit of the pm1ies and their
respective heirs, assigns, and successors.
13. Attorneys' Fees: In the event of litigation, including alternative dispute resolution, with
respect to the enforcement or interpretation of this Agreement, including appeals, the
prevailing party in such litigation shall be entitled to recover, from the non-prevailing
party, the prevailing party's reasonable attorneys' fees, costs and disbursements.
14. Notices: For the purpose of delivery of any demand or notice relating to this Agreement,
the address of parties shall be the address set forth below. Such party's signature hereon
or such address as either party may establish in writing from time to time.
To City: City of Bremerton
Director of Public Works and Utilities
3027 Olympus Drive
Bremerton, W A 98310
To GEM 1: Mr. Doug Skrobut
GEM 1, LLC
4978 SW Lake Flora Road
Port Orchard, W A 98366
15. Miscellaneous: This Agreement may be modified, supplemented or amended only by a
written instrument signed by GEMI and the City. The captions set forth in this
Agreement are included for convenience of reference only and shall not in any way limit
or affect the meaning or interpretation of any terms or provisions of this Agreement.
Neither the waiver by any party of any breach of any provision hereof, nor the failure of
any party to seek redress for violation of or insist upon strict performance of any such
provision, shall be considered a waiver of such provision or any subsequent breach
thereof.
GEM 1, LLC
DATED:
BY:
Page 4 of 11
CITY OF BREMERTON
DATED:
BY:
Cary Bozeman, Mayor
No/aries are on next page.
STATE OF WASHINGTON )
ss.
COUNTY OF KITSAP )
On this day of
the State of Washington, personally appeared
to be the
, 2007, before me a Notary Public in and for
to me known
of a
limited liability company that executed the foregoing instrument, and
acknowledged it to be the free and voluntary act and deed of the limited liability company, for the
uses and purposes mentioned in this instrument, and on oath stated that he/she/they was/were
authorized to execute said instrument.
GIVEN under my hand and official seal this _ day of
,2007
Notary Public in and for the State of
Washington, Residing at:
My appointment expires:
STATE OF WASHINGTON)
ss.
COUNTY OF KITSAP
On this day of , 2007, before me a Notary Public in and for
the State of Washington, personally appeared Cary Bozeman to me known to be the Mayor of the
City of Bremel10n, a Washington municipal corporation that executed the foregoing instrument,
and acknowledged it to be the free and voluntary act and deed of the corporation, for the uses and
purposes mentioned in this instrument, and on oath stated that he was authorized to execute said
instrument.
Page 5 of 11
GIVEN under my hand and ofticial seal this _ day of
,2007
Notary Public in and for the State of
Washington. Residing at:
My appointment expires:
DEPARTMENTAL APPROVAL:
Phil Williams, Director of Public Works and Utilities
APPROVED AS TO FORM:
RECEIVED FOR FILING:
Roger A. Lubovich, City Attorney
Paula Johnston, City Clerk
R:\Legal\Legal\ConlraCls\PUBLIC WORKS\580 Zone Reimhursel11t:nl Agret:l11t:nl-linal.doc
Page 6 of II
EXHIBIT A
WEST 580 ZONE AREA OF REIMBlJRSEMENT
A PORTION OF THE NW VI, SW 1/1, AND A PORTION OF TlIE W ~ OF THE NE 1/4 AND SE
VI IN SECTION 04, TOWNSHIP 23 N., RANGE I E.. W.M. IN KITSAP COUNTY, W A.
THE EAST ~ OF THE NW '14 AND SW 1/4, THE SE YJ EXCEPT THE NW YJ OF THE SE YJ,
THE NE Vt IN SECTION 05, TOWNSHIP 23 N., RA.NGE 1 E., W.M. IN KITSAP COUNTY,
Wi\.
A PORTION OF THE SW 1/4 AND SE 1/4, IN SECTION 32, TO\VNSHIP 24 N., RANGE 1 E.,
W.M. IN KITSAP COUNTY, W A.
A PORTION OF THE SW V1 IN SECTION 33, TOWNSHIP 24 N., RANGE 1 E., W.M. IN
KITSAP COUNTY, WA.
AS SHOW ON THE EXHIBIT "A" CONTINUED.
Page 7 of 11
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Page 8 of 11
Page 9 of 11
EXHIBIT B
TAX PARCEL NUMBERS - WEST 580 ZONE
332401-3-025-2003
322401-3-034-2003
322401-4-028-2009
322401-4-027 -2000
322401-4-026-2001
332401-3-013-2007
322401-4-100-2000
4642 -000-004-0002
4642 -000-003-0003
322401-4-107 -2003
332401-3-024-2004
4642 -000-008-0008
4642-000-006-0000
4642 -000-005-0001
4642-000-009-0007
4642 -000-011-0003
4642-000-010-0004
042301-2-015-2003
052301-2-027 -2008 .
4642-000-015-0009
4642-000-015-0009
4642 -000-014-0000
4642 -000-014-0208
4642 -000-013-0001
4642-000-012-0002
052301-1-019-2000
052301-1-004-2007
042301-2-016-2002
042301-2-003-2007
042301-2-015-2003
4642-000-014-0109
4642-000-016-0008
042301-2-014-2004
4642-000-019-0005
4642-000-018-0006
4642-000-017 -0007
052301-1-020-2007
042301-2-004-2006
052301-2-026-2009
042301-2-013-2005
4642-000-023-0009
4642 -000-022 -0000
4642 -000-021-0001
4642-000-020-0002
052301-1-021-2006
052301-1-022-2005
052301-1-023-2004
052301-1-024-2003
042301-2-005-2005
052301-1-026-2001
052301-1-025-2002
4642 -000-024-0008
4642-000-027 -0005
052301-1-010-20'09
4642-000-025-0007
052301-1-011-2008
4642-000-026-0006
052301-1-014-2005
052301-1-015-2004
042301-2-012-2006
042301-1-065-2004
052301-1-013-2006
052301-1-027 -2000
042301-2-006-2004
052301-1-028-2009
052301-1-017 -2002
052301-1-016-2003
052301-2-025-2000
052301-1-031-2004
052301-1-031-2004
052301-1-032-2003
042301-2-007-2003
042301-2-011-2007
052301-1-030-2005
042301-2-008-2002
042301-2-010-2008
042301-2-009-2001
052301-3-040-2009
052301-3-039-2002
052301-4-013-2000
042301-3-006-2002
042301-3-005-2003
052301-3-037 -2004
052301-4-014-2009
052301-4-017 -2006
052301-4-015-2008
052301-4-018-2005
052301-4-016-2007
042301-3-004-2004
EXHIBIT C
TAX PARCEL NUMBERS - WEST 580 ZONE
THE RIDGE AT MCCORMICK WOODS PHASE 1 - DIVISION 1
5486-000-001-0001
5486-000-002-0000
5486-000-003-0009
5486-000-004-0008
5486-000-005-0007
5486-000-006-0006
5486-000-007 -0005
5486-000-008-0004
5486-000-009-0003
5486-000-010-0000
5486-000-011-0009
5486-000-012-0008
5486-000-013-0007
5486-000-014-0006
5486-000-015-0005
5486-000-016-0004
5486-000-017 -0003
5486-000-018-0002
5486-000-019-0001
5486-000-020-0008
5486-000-021-0007
5486-000-022-0006
5486-000-023-0005
5486-000-024-0004
5486-000-025-0003
5486-000-026-0002
5486-000-027 -0001
5486-000-028-0000
5486-000-029-0009
5486-000-030-0006
5486-000-031-0005
5486-000-032-0004
5486-000-033-0003
5486-000-034-0002
5486-000-035-0001
5486-000-036-0000
5486-000-037-0009
5486-000-038-0008
5486-000-039-0007
5486-000-040-0004
5486-000-041-0003
5486-000-042 -0002
5486-000-043-0001
5486-000-044-0000
5486-000-045-0009
5486-000-046-0008
5486-000-047-0007
5486-000-048-0006
5486-000-049-0005
5486-000-050-0001
5486-000-051-0000
5486-000-052 -0009
5486-000-053-0008
5486-000-054-0007
5486-000-055-0006
5486-000-056-0005
5486-000-057 -0004
5486-000-058-0003
5486-000-059-0002
5486-000-060-0009
5486-000-061-0008
5486-000-062-0007
5486-000-063-0006
5486-000-064-0005
5486-000-065-0004
5486-000-066-0003
5486-000-067 -0002
5486-000-068-0001
5486-000-069-0000
5486-000-070-0007
5486-000-071-0006
5486-000-072-0005
5486-000-073-0004
5486-000-074-0003
5486-000-075-0002
5486-000-076-0001
5486-000-077 -0000
5486-000-078-0009
5486-000-079-0008
5486-000-080-0005
5486-000-081-0004
5486-000-082-0003
5486-000-083-0002
5486-000-084-0001
5486-000-085-0000
5486-000-086-0009
5486-000-087 -0008
5486-000-088-0007
5486-000-089-0006
5486-000-090-0003
5486-000-091-0002
5486-000-092 -0001
5486-000-093-0000
5486-000-094-0009
5486-000-095-0008
5486-000-097 -0006
5486-000-098-0005
5486-000-099-0004
THE RIDGE AT MCCORMICK WOODS PHASE t - DIVISION 2
5486-000-096-0007
THE RIDGE AT MCCORMICK WOODS PHASE 1 - DIVISION 3
042301-3-005-2003
Page ] 0 of ] ]
EXHIBIT D
CALCULATION OF REIMBURSEMENT CHARGE
Costs Invested by GEM1 LLC:
Pump House
Transmission Main to McCormick Woods Drive
Total Costs Invested by GEM1 LLC
ERU's
Cost per ERU
$1,081,575.85
$1,789,749
$2,871,324.85
3,100
$926.23
Page I I of 11
07 - /7 ~
DATE SUBMITTED: June 22, 2007
BILL #
AGENDA BILL
CITY OF BREMERTON
CITY COUNCI L
51..
........................................................................................
SUBJECT: Settlemcnt Agreement and
Release betwcen the City of Bremerton and
Scott Alexander and Daryl Matheny
Committee Meeting Date: July 11,2007
COUNCIL MEETING Date: July 18,2007
Department: Park & Recreation
Presenter: _ Wyn Birkenthal
Phone: 473-5752
SUMMARY: The City and Scott Alexander and Daryl Matheny (Professionals) are parties to an
agreement for professional golf services at Gold Mountain Golf Complex. The agreement requires
that the Professionals collect greens fees on behalf of the City. Most of the greens fees are collected
by credit card. Historically the Professionals have remitted 100% of the greens fees to the City
without deducting related credit card fees. The proposed Settlement Agreement and Release provides
for reimbursement to the Professionals of credit card fees related to greens fees from 2002 through
2007 at Gold Mountain Golf Complex.
ATTACHMENTS: Proposed Settlement Agreement and Release
FISCAL IMPACTS (Include Budgeted Amount): Expenditure of$95,938.14 for credit card fees
from 2002 through 2006. Payment for 2007 credit card fees is estimated to be approximately
$40,000. This payment will be made from the Gold Mountain Golf Fund in 2007 and is not
currently a budgeted expenditure. A 2007 budget amendment of $136,000 is required to cover the
prior period amounts and the anticipated 2007 fee settlements. Funding will be from the Gold
Mountain Golf ending fund balance.
COMMITTEE CHAIR
COUNCIL PRESIDENT:
~~
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
CONSENT AGENDA ~
GENERAL BUSINESS 0
PUBLIC HEARING 0
RECOMMENDED MOTION:
Move to approve the Settlemcnt Agrecmcnt and Release between the City of Bremerton and Scott
Alexander and Daryl Matheny and authorize the Mayor to finalize and execute the agreement with
substantially the same terms and conditions as presented and to amend the 2007 Gold Mountain Golf
Fund budget by $136,000 to cover thc cost of settlement.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
SETTLEMENT AGREEMENT AND RELEASE
1. Date and Partics. This scttlcment for refcrcnce pllllJoses only is datcd the
___ day of , 2007 and is cntered into by and betwccn Scott Alcxander
and Daryl Mathcny, hcreinafter referrcd to as "Professionals" and the City of Bremerton
hereinafter referred to as "City" for professional golf services at Gold Mountain Golf Complex.
2. General Recitals. The parties hereto entered into a professional services
agreement in May of 2002. This agreement at pel1inent part required that the Professionals be
responsible to the City for the collection and daily remittal of all monies at the golf course
belonging to the City including, but not limited to, greens fees.
3. Overpayment. The vast majority of monies collected by Professionals for the
City for greens fees have been paid by credit card to the account of the Professionals in
combination with other payments to the Professionals which are unrelated to City transactions.
The Professionals have historically remitted the full amount of the greens fees payment to the
City without deducting the credit card charges levied on the payment of City green fees by the
credit card provider. Professionals have requested reimbursement of the estimated portion of the
total credit card charges that relate to greens fees claiming that these charges are the
responsibility of the City. The City does not agree that the allocation method used to estimate
the City share is a correct accounting and denies responsibility for the full amount of charges
claimed by the Professionals based on this estimate.
4. Compromise and Settlement. In an effort to resolve this dispute, the City agrees
to reimburse Professionals for 50% of the estimated allocation of credit card charges incurred for
collection of green fees for the years 2002 through 2005 in an amount totaling $59,982.36. For
the years 2006 and 2007, the City agrees to reimburse Professionals 100% of the estimated
allocation of credit card charges. For 2006, this amount totals $35,955.78. Professionals have
provided to the City an estimated allocation of the credit card charges for the years 2002 through
2006. On approval of this agreement, the City agrees to issue a check to the Professionals in the
amount of $95,938.14 for the years 2002 through 2006. Payment will be made within 30 days of
city council approval. For 2007, the City agrees to reimburse Professionals, upon satisfactory
documentation, using the same basis for estimating the appropriate allocation as for year 2006
and prior years. Payment will be made within 30 days of submittal.
5. Settlement and Release. This settlement agreement is intended as a full and
complete compromise settlement and release of claims Professionals had against the City as a
rcsult of Professionals' collection of greens fees for the City and reimbursement of credit card
charges during the term of this agrecment and during the tenn of any and all prior agreements
bctwccn the partics for professional golf services at Gold Mountain Golf Complex. In
consideration of this settlement bcing made by the City, Professionals agree on behalf of
thcmselves, their heirs, successors and assigns forever release and discharge the City from any
further claims by Professionals that the City has been overpaid for collection of greens fees or
failed to reimburse credit card charges.
6. Construction. This settlement shall be construed in accordance with the laws of
the State of Washington. The provisions of this settlement have been negotiated by the parties,
and when. interpreting the provisions of this settlement, there shall be no presumption of
draftsmanshiiJ for or against either party.
7. Severability. The invalidity or unenforceability of any provision hereof shall in
no way affect the validity or enforceability of any other provision.
8. Waiver. Failure to insist upon strict compliance with any terms, covenants or
conditions of this settlement 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.
9. Modification. Any waiver, alternation or modification of any of the provisions of
this settlement or cancellation or replacement of this settlement shall not be valid unless in
writing and signed by the parties.
lO. Entire Settlement. This settlement contains the entire agreement between the
parties with regards to the subject matter set forth herein. There are no other representations
with regards to the subject matter, either orally or in writing.
Dated this
day of
,2007.
CITY OF BREMERTON
PROFESSIONALS
CARY BOZEMAN, Mayor
SCOTT ALEXANDER
DARYL MATHENY
DEP ARTMENT AL APPROVAL:
Director of Parks and Recreation
APPROVED AS TO FORM:
ROGER LUBOVICH, City Attorney
R :\Lcgal\Lcgal\Fi !Cs\ClIITCnt Activc Fi Ics\Gold MOllntain\scttlclllcnt agrcclllcnt-final.doc
DATE SUBMITTED:
BILL#
07- (80
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
5~
........................................................................................
SUBJECT: Budget adjustment of $ I 3, I 00
to Parks and Recreation for the purchase of
furniture and equipment at Harborside
Fountain Park.
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
July 11,2007
July 18,2007
Parks and Recreation
B i rkenthall Cressman
(360) 473-5305
SUiVIMARY:
The Parks Department maintenance crew perfonned landscape and in-igation work during the
construction of Harborside Fountain Park. The Department was compensated by billing the project
for $13,100 of labor cost. This agenda item would adjust the 2007 Parks budget and authorize the
expenditure of the $13,100 to purchase additional tables, chairs, benches and trash receptacles for the
Fountain Park along with a 48 inch John Deere stand-up mower to maintain the Park lawn.
ATTACHMENTS:
FISCAL IMPACTS (Include Budgeted Amount): $13,100 charged to the Harborside Fountain Park
construction budget. ~\J..d~ ~'<<l\J \~~ ~':\ ~'C"O\ ~\. ~', \ \, N" \::'c;l v v-ac;,v 'L ~ "..1;1,} ..,..""e...J.
\P" ~(;o.""~' ~~~~ ~Q -\-\....... \r\.c:..~\oc;.",""'ii.&1;L ~"'"...~ Q1'O\~<:..:~. '-'-'1-",I-;ln
APPROVALS: ~_...._.~
DEPARTMENT DIRECTOR: ~ ---
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
CONSENT AGENDA
GENERAL BUSINESS 0
PUBLIC HEARING 0
COMMITTEE CHAIR
COUNCIL PRESIDENT:
RECOMMENDED MOTION:
Move to approve budget adjustment in the amount of $13,100 to the Parks and Recreation Department
for purchase of furniture and minor equipment for use at Harborside Fountain Park.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
AGENDA BILL
ell')' OF 131\ EMERTON
CIIY COUNCIL
L3IUo Ii _ OZ~__ //7 /
~A
I),'\T[ SUIHvlITTU) .lUlie' 11_ 2007
DDmgDmaaamgDDmm~mDBmQCgBmmaBmpmmQOm.aADmaDmQ~DmaAmmcmmmmm~aWBgaagpQpgQamamOgDm~agDaDgaml
SUBJECT: Pllotu- Ln forecll1en! Ore! i nance 50 \ B
~ 'f'ecrtl Vl ~ rJM C~iet^ 10. L\::t
v--equ,(a:r:\'hCf ~ tA~iv"l f'koiD
e",.:fv rt.e vvYe,V\::/- J e V {c. d
COllllllitt\:-'e iVleeting Date:
COUNCIL MEETING Date:
Depal-tment:
Presenter:
Phone:
~~~_~_~~~-:-,Ju.J~jJ.lDC)'7
h~J1TI~~J:l2-,-J.dL\_t<6+lL'O' 7
Police
--------~-----~
U. Pete Fisher
--------~_.-~~--
360473-5236
SUMMARY: The proposed Photo Enl()I"eell1ent Ordinance creates a new 13remerton iVlunicipal Code
Chapter 10.42 entitled Automated TralTic Safety Cameras. The BMC currently has no guidancc relating
to the use of photo-enforcement within the City limits. The proposed ordinance contains the f<.)llowing
sections:
. The RCW that authorizes cities to use photo-enforcement
. Inclusion of the Model Traffic Ordinance
. The purpose of automated traffic safety cameras
. Procedures for issuance of citations
. Disposition of violations.
ATTACHMENTS: Ordinance NO. 5 al e,
FISCAL IMPACTS (Include Budgeted Amount): Implementation of this Ordinance will generate both
revenues from imposed fines and expenditures associated with installation and operation of the red light and
speed zone enforcement systems. Implementation will require City Council approval of a contract with a
photo enforcement vendor to set up and maintain the required equipment and software. The 2007 budget as
adopted has more than adequate provision for revenues and expenditures anticipated to be incurred and
received upon implementation of the program authorized by this ordinance.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
COUNCIL PRESIDENT:
I~-CONSENT AGENDA ~
GENERAL BUSINESS (2(
PU BL~}-II~ARIN9_D
RECOMMENDED MOTION: Move pass Ordinance No. 5J2Jffireating a new Bremerlon
Municipal Code Chapter 10.42 regarding regulating anel using photo enforcement devices.
~
,....-,....
~~;:::;. ,../1.'
~.~~~ , .
.. " nr t7
COMMITTEE CHAIR
COUNCIL ACTION: D Approve D DeilY
[J lnhle
1=1 COlltillue 0 No Aclioll
ORDINANCE NO. '50 lfJ
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, relating to automated traffic safety
cameras; authorizing the use of these cameras to detect stoplight
infractions at intersections where two arterials intersect and to
enforce school speed zones; adopting the standards and restrictions
regarding use of traffic safety cameras qJ~acted by the Washington
State Legislature during the 2005 regular session; setting the
monetary penalty for infractions detected by an automated traffic
safety camera; and creating a new chapter of the Bremerton
Municipal Code, Chapter 10.42 entitled "Automated Traffic Safety
Cameras".
WHEREAS, some of the worst traffic accidents - those involving right- angle
collisions at high rates of speed - are the result of running red lights, and studies have shown that
these accidents involve more serious injury and deaths than other kinds of accidents at signalized
intersections; and
WHEREAS, the strategic placement of automated cameras at these intersections
to record red light running violations has been shown to reduce the frequency of violations,
corresponding injuries, and associated economic costs; and
WHEREAS, some of the most tragic traffic accidents - those involving school
children - are the result of speeding in school zones; and
WHEREAS, the strategic placement of automated cameras in school zones to
record speeding violations has been shown to reduce the frequency of violations, corresponding
injuries, and associated economic costs; and
WHEREAS, the City of Bremerton has numerous arterial intersections that would
benefit from the strategic placement of automated traffic safety cameras; and
WHEREAS, the City of Bremerton has numerous school zones that would benefit
from the strategic placement of automated traffic safety cameras; and
WHEREAS, the State Legislature has passed a law authorizing local jurisdictions
to use automated traffic safety cameras subject to restrictions specified in that legislation; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I. Law enforcement officers of the City of Bremetion are authorized
to use automated traffic cameras and related automated systems to detect the following: (1)
stoplight violations, and (2) school speed zone violations. The use of automated traffic cameras
Photo Enforcement
and related automated systems shal1 be subject to the restrictions specified in state law, (Chapter
167, Laws of 2005).
SECTION 2. A new chapter, Chapter 10.42 entitled "Automated Traffic Safety
Cameras" of the Bremerton Municipal Code is hereby created to read as follows:
Chapter 10.42
AUTOMATED TRAFFIC SAFETY CAMERAS
10.42.010 AUTOMATED TRAFFIC SAFETY CAMERAS AUTHORIZED.
The use of automated traffic safety cameras to detect violations of WAC Sections 308-
330-408 and 308-330-423, which the City has adopted by reference as sections of the Model
Traffic Ordinance, is authorized at intersections where two arterial roadways intersect and in
school speed zones, subject to the restrictions specified in state law (RCW 46.63.170).
10.42.020 NOTICE OF INFRACTION.
A police officer or other authorized representative of the City has the authority to issue a
notice of traffic infraction when the infraction is detected through the use of an automated traffic
safety camera under this Chapter.
10.42.030 TRAFFIC INFRACTIONS DETECTED THROUGH THE USE OF
AN AUTOMATED TRAFFIC SAFETY CAMERA.
(a) A notice of infraction based on evidence detected through the use of an automated
traffic safety camera shall be mailed to the registered owner of the vehicle within fourteen (14)
days of the violation, or to the renter of a vehicle within fourteen (14) days of establishing the
renter's name and address under subsection (c)(1) of this section. The police officer of other
authorized representative of the City issuing the notice of infraction shall include with it a
certificate or facsimile thereof, based upon inspection of photographs, microphotographs, or
electronic images produced by an automated traffic safety camera, stating the facts supporting
the notice of infraction. This certificate or facsimile is prima facie evidence of the facts contained
in it and is admissible in a proceeding charging a violation of WAC Section 308-330-423 or
WAC Section 308-330-408. The photographs, microphotographs, or electronic images
evidencing the violation must be available for inspection and admission into evidence in a
proceeding to adjudicate the liability for the infraction.
(b) A person receiving such a notice of infraction may respond to the notice by mail.
The registered owner of a vehicle is responsible for such an infraction unless the registered
owner overcomes the presumption in subsection (e) of this section, or, in the case of a rental car
business, satisfies the conditions under subsection (c) of this section. If appropriate under the
circumstances, a renter identified under subsection (c)(1) of this section is responsible for such
an infraction.
(c) If the registered owner of the vehicle is a rental car business, the peace officer
shall, before such a notice of infraction is issued, provide a written notice to the rental car
business that a notice of infraction may be issued to the rental car business if the rental car
business does not, within thirty (30) days of receiving the written notice, provide to the peace
officer by retum mail:
2
Photo Enforcement
(1) A statement under oath stating the name and known mailing address of the
individual driving or renting the vehicle when the infraction occUlTed; or
(2) A statement under oath that the business is unable to determine who was
driving or renting the vehicle at the time the infraction occun-ed because the vehicle was stolen at
the time of the infraction. A statement provided under this subsection must be accompanied by a
copy of a filed police report regarding the vehicle theft; or
(3) In lieu of identifying the vehicle operator, the rcntal car business may pay
the applicable penalty.
Timely mailing of this statement to the peace officer relieves a rental car business of any
liability under this chaptcr for the notice of infraction.
(d) For the purposes of this ordinance, "automated traffic safety camera" means a
device that uses a vehicle sensor installed to work in conjunction with an intersection traffic
control system, or a speed measuring device, and a camera synchronized to automatically record
one or more sequenced photographs, microphotographs, or electronic images of the rear of a
motor vehicle at the time the vehicle fails to stop when facing a steady red traffic control signal
or an activated railroad grade crossing control signal, or exceeds a speed limit in a school speed
zone as detected by a speed measuring device.
( e) In a traffic infraction case involving an infraction detected through the use of an
automated traffic safety camera, proof that the particular vehicle described in the notice of traffic
infraction was in violation of Section WAC Section 308-330-408 or WAC Section 308-330-423,
together with proof that the person named in the notice of traffic infraction was at the time of the
violation the registered owner of the vehicle, constitutes in evidence a prima facie presumption
that the registered owner of the vehicle was the person in control of the vehicle at the point
where, and for the time during which, the violation occun-ed. This presumption may be
overcome only if the registered owner states, under oath, in a written statement to the court or in
testimony before the court that the vehicle involved was, at the time, stolen or in the care,
custody, or control of some person other than the registered owner. (RCW 46.63.170 and RCW
46.63.075)
1 0.42.040 MONETARY PENAL TIES.
A traffic infraction for violations ofW AC Section 308-330-408 or WAC Section 308-
330-423 detected through the use of an automated traffic safety camera shall be processed in the
same manner as a parking infraction. The base monetary penalty for a violation of either WAC
Section 308-330-408 or WAC Section 308-330-423 shall be the same as the fine established for
each pursuant to State or Local law, including statutory assessments. However, the amount of
the fine issued for an infraction generated through the use of an automated traffic safety camera
shall not exceed the amount of a fine issued for parking infractions within the City, including
disabled parking infractions.
10.42.050 SIGNAGE.
All locations where an automated traffic safety camera is used shall be clearly marked by
placing signs in locations that clearly indicate to a driver that he or she is entering a zone where
traffic laws are enforced by an automated traffic safety camera.
3
Photo Ellforcemellt
10.42.060 ELECTRONIC SIGNATURES.
In connection with the photo enforcement program as set forth in this chapter, the Chief
of Police or his or her designee is authorized to utilize electronic signature in accordance with the
provisions of Chapter 19.34 RCW.
SECTION 3. Severabilitv. If anyone 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
,2007
WILL MAUPIN, Council President
Approved this
day of
,2007
CARY BOZEMAN, Mayor
ATTEST:
APPROVED AS TO FORM:
P AULA JOHNSTON, City Clerk
ROGER A. LUBOVICH, City Attorney
PUBLISHED the
EFFECTIVE the
ORDINANCE NO.
day of
day of
,2007
,2007
R:\Lcgal\Lcgal\Ordinances\Policc\Photo Enforcement. v I.doc
4
Photo Enforcement
DATE SUBMITTED: July 4. 2007
BILL # ~7 -- 16::2.
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
ill 8
........................................................................................
SUBJECT: Contract with Redtlex Traffic
Systems for Photo Enforcement.
Committee Meeting Date: July 11.2007
COUNCIL MEETING Date: July 18.2007
Department: PW&U, Engineering
Presenter: Michael Mecham
Phone: 473-5288
SUMMARY: The Public Works and Utilities Depm1ment with the assistance of the Police
Depm1ment and the Municipal Court issued a Request for Proposals for photo enforcement of
signalized intersections and school zones. Redflex Traffic Systems was most responsive and was
selected for Photo Enforcement Services.
ATTACHMENTS: 1. Council Summary, 2. Agreement
FISCAL IMP ACTS (Include Budgeted Amount): The contract is written to be cost neutral. There is
no cost for the installation of equipment or other services beyond the infraction fees collected or the
fees in Exhibit "D" of the contract, whichever is least. The 2007 budget includes provisions for
revenues and expenditures for photo enforcement in the General Fund Non-Departmental budget
(gross revenues and expenditures which will net to zero or greater per the terms of the contract) that is
more than sufficient to cover the remainder of 2007 under the terms of this agreement.
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
~?f /.!j-eL____
/t. .1}Pb~
. (j/
CONSENT AGENDA D
GENERAL BUSINESS
PUBLIC HEARING D
RECOMMENDED MOTION: Move to approve Contract with Redflex Traffic Systems for Photo
Enforcement and authorize the Mayor to finalize and execute the agreement with substantially the
same terms and conditions as presented
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
Contract with Redflex Traffic Systems for Photo Enforcement
Council Summary
SUMMARY
Photo enforcement for school zones and signalized intersections was approved
in the 2007 budget. Public Works and Utilities, Police Department, and Municipal
Court staff issued a request for proposal for photo enforcement services.
Redflex Traffic Systems was determined as the most responsive. Staff has
negotiated a contract with Redflex Traffic Systems. The following is a summary
of important points of the contract:
· There is no initial capital cost. All equipment belongs to Redflex.
· All equipment will be installed, operated and maintained by Redflex.
No additional Public Works and Utilities personnel will be needed to
operate the hardware.
· The contract provides for up to 12 locations. City staff is initially
recommending the Kitsap Way, Wheaton Way/Warren Avenue, and
Burwell Street corridors.
· Redflex will provide traffic studies to determine which intersections
and school zones are most cost effective.
· Final approval of an infraction shall be made by a City of Bremerton
Police Officer.
· Some expert witness services shall be provided by Redflex.
· Redflex shall train City of Bremerton Police on being an expert
witness.
FISCAL SUMMARY
The contract is written so there is no cost to the City. If revenues collected do
not meet the fees in Exhibit "0" of the contract then only the fees collected shall
be due to Redflex.
CiIY o(Hl'elll<!/'IOII
COIIII'IIClll'llh Ned/lex li'ii/lic ,\)',\'lellls/iJl' jJholo LlljiJl'celllelll
.Jlllle }007
EXCLUSIVE AGREEMENT BETWEEN THE Crry OF BREMERTON
AND REDFLEX TRAFFIC SYSTEMS. INC. FOR
PHOTO RED LIGHT ENFORCEMEN"r PROGRAM
This Agreement ( "Agreement") is made as of this _ day of June, 2007 by and between
Rednex Traffic Systems, Inc. with offices at 6047 Bristol Parkway 1 st Floor, Culver
City, California 90230 ("Redt1ex"), and The City of Bremerton a municipal corporation,
with offices at 345 6th Street, Suite 600, Bremerton, W A 98337 ( "Customer").
RECIT ALS
WHEREAS, Redt1ex has exclusive knowledge, possession and ownership of certain
equipment, licenses, applications, and citation processes related to digital Photo Red
Light and Speed enforcement systems; and
WHEREAS, the Customer desires to engage the services of Redflex to provide certain
equipment, processes and back office services so that authorized city staff of the
Customer are able to monitor, identify and enforce red light running and school zone
speeding infractions; and
WHEREAS, it is a mutual objective of both Redflex and the Customer to reduce the
incidence of vehicle collisions at the traffic intersections, city streets and school zones
that will be monitored pursuant to the terms of this Agreement.
NOW THEREFORE, in consideration of the mutual covenants contained herein, and for
other valuable consideration received, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
AGREEMENT
1. DEFINITIONS. In this Agreement, the words and phrases below shall have the
following meanings:
1.1. "Authorized Officer" means the Law Enforcement Project Manager and/or such
other individual(s) as the Customer shall designate to review Potential Infractions
and to authorize the Issuance of Citations with respect thereto, and in any event, a
sworn peace officer or a qualified employee of the City of Bremerton.
1.2. "Authorized Infraction" means each Potential Infraction in the Infraction Data
for which authorization to issue a citation in the form of an Electronic Signature
is given by the Authorized City Staff by using the Redt1ex System.
1.3. "Citation" means the notice of an Infraction, which is mailed or otherwise
delivered by Redt1ex to the violator on the appropriate Enforcement
Documentation in respect of each Authorized Infraction.
1.4. "Contidential or Private Information" means, with respect to any Person, any
information, matter or thing of a secret, contidential or private nature, whether or
not so labeled, which is connected with such Person' s business or methods of
operation or concerning any of such Person's suppliers, licensors, licensees,
customers or others with whom such Person has a business relationship, and
which has current or potential value to such Person or the unauthorized
disclosure of which could be detrimental to such Person, including but not
limited to:
1.4.1. Matters of a business nature. including but not limited to information
relating to development plans, costs, finances. marketing plaIis, data,
procedures, business oppol1unities, marketing methods, plans and strategies,
the costs of construction, installation, materials or components. the prices
such Person obtains or has obtained from its clients or customers, or at
which such Person sells or has sold its services; and
1.4.2. Matters of a technical nature, including but not limited to product
information, trade secrets, know-how, formulae, innovations, inventions.
devices, discoveries, techniques, formats, processes, methods, specifications,
designs, patterns, schematics, data, access or security codes, compilations of
information, test results and research and development projects. For
purposes of this Agreement, the term "trade secrets" shall mean the broadest
and most inclusive interpretation of trade secrets.
1.4.3. Notwithstanding the foregoing, Confidential Information will not include
information that: (i) was generally available to the public or otherwise part
of the public domain at the time of its disclosure, (ii) became generally
available to the public or otherwise part of the public domain after its
disclosure and other than through any act or omission by any party hereto in
breach of this Agreement, (iii) was subsequently lawfully disclosed to the
disclosing party by a person other than a party hereto, (iv) was required by a
court of competent jurisdiction to be described, or (v) was required by
applicable state law to be described.
1.5. "Designated Enforcement Sites" means the Enforcement Sites set forth on
Exhibit A attached hereto, and such additional Enforcement Sites as Redflex and
the Customer shall mutually agree from time to time.
1.6. "Electronic Signature" means the method through which the Authorized Officer
indicates his or her approval of the issuance of a Citation in respect of a Potential
Infraction using the Redflex System.
1.7. "Enforcement Documentation" means the necessary and appropriate
documentation related to the Photo Red Light and Speed Enforcement Program,
including but not limited to warning letters, citation notices (using the
specifications of the Bremerton Municipal Court and the City, a numbering
sequence for use on all citation notices (in accordance with applicable court
rules), instructions to accompany each issued Citation (including in such
instructions a description of basic court procedures, payment options and
information regarding the viewing of images and data collected by the Redflex
System), chain of custody records, criteria regarding operational policies for
processing Citations (including with respect to coordinating with the Department
of Motor Vehicles), and technical supp0l1 documentation for applicable court and
judicial officers.
1.8. "Equipment" means any and all cameras, sensors. equipment, components,
products, software and other tangible and intangible property relating to the
Redflex Photo Red Light and Speed System(s), including but not limited to all
camera systems, housings, radar units, severs and poles.
2
1.9. "'Fine" means a monetary sum assessed for Citation, excluding suspended fines.
1.10. "Governmental Authority" means any domestic or foreign government
governmental authority, court, tribunal, agency or other regulatory,
administrative or judicial agency, commission or organization, and any
subdivision, branch or department of any of the foregoing.
1.11. "Installation Date of the Photo Red Light and Sneed Program" means the
date on which Redtlex completes the construction and installation of at least one
( I) Intersection Enforcement Site in accordance with the terms of this Agreemcnt
so that such Intcrsection Enforcement Site is operational for the purposes of
functioning with the Photo Red Light and Speed Program.
1.12. "Intellectual Property" means, with respect to any Person, any and all
now known or hereafter known tangible and intangible (a) rights associated with
works of authorship throughout the world, including but not limited to
copyrights, moral rights and mask-works, (b) trademark and trade name rights
and similar rights, (c) trade secrets rights, (d) patents, designs, algorithms and
other industrial property rights, (e) all other intellectual and industrial property
rights (of every kind and nature throughout the universe and however
designated), whether arising by operation of law, contract, license, or otherwise,
and (f) all registrations, initial applications, renewals, extensions, continuations,
divisions or reissues hereof now or hereafter in force (including any rights in any
of the foregoing), of such Person.
1.13. "Intersection Approach" means a conduit of travel with up to four (4)
contiguous lanes from the curb originating from one direction (e.g., northbound,
southbound, eastbound or westbound) on which at least one (1) system has been
installed by Redflex for the purposes of facilitating Redlight Photo Enforcement
by the Customer.
1.14. "Operational Period" means the period of time during the Term,
commencing on the Installation Date, during which the Photo Red Light and
Speed Enforcement Program is functional in order to permit the identification
and prosecution of Infractions at the Designated Enforcement Sites by a sworn
peace officer of the Customer and the issuance of Citations for such approved
Infractions using the Redflex System.
1.15. "Person" means a natural individual, company, Governmental Authority,
partnership, firm, corporation, legal entity or other business association.
1.16. "Police Proiect Manager" means the project manager appointed by the
Customer in accordance with this Agreement, which shall be a sworn peace
ofticer and shall be responsible for overseeing the installation of the Enforcement
Sites and the implementation of the Photo Red Light and Speed Program, and
which manager shall have the power and authority to make management
decisions relating to the Customer's obligations pursuant to this Agreement,
including but not limited to change order authorizations, subject to any
limitations set fOl1h in the Customer's chal1er or other organizational documents
of the Customer or by the city counselor other governing body of the Customer.
1.17. "Potential Infraction" means, with respect to any motor vehicle passing
through a Designated Intersection Approach, the data collected by the Redtlex
System with respect to such motor vehicle, which data shall be processed by the
,
-'
Redllex System for the purposes of allowing the Authorized City Staff to review
such data and determine whether a Red Light Infraction has occurred.
1.18. "Proprietarv Property" means, \vith respect to any Person, any written or
tangible property owned or used by such Person in connection with such
Person's business, whether or not such property is copyrightable or also qualifies
as Contidential Information, including without limitation products. samples,
equipment. tiles. lists, books, notebooks, records, documents, memoranda.
reports, patterns, schematics, compilations, designs, drawings, data, test results,
contracts, agreements, literature, correspondence, spread sheets. computer
programs and software, computer print outs, other written and graphic records
and the like, whether originals, copies, duplicates or summaries thereot: affecting
or relating to the business of such Person, financial statements, budgets,
projections and invoices.
1.19. "Redtlex Marks" means all trademarks registered in the name of Redflex
or any of its affiliates, such other trademarks as are used by Redflex or any of its
affiliates on or in relation to Photo Red Light and Speed Enforcement at any time
during the Term this Agreement, service marks, trade names, logos, brands and
other marks owned by Redflex, and all modifications or adaptations of any of the
foregoing.
1.20. "Redflex Proiect Manager" means the project manager appointed by
Redflex in accordance with this Agreement, which project manager shall initially
be Jack Weaver or such person as Redflex shall designate by providing written
notice thereof to the Customer from time to time, who shall be responsible for
overseeing the construction and installation of the Designated Enforcement Sites
and the implementation the Photo Red Light and Speed Enforcement Program,
and who shall have the power and authority to make management decisions
relating to Redflex's obligations pursuant to this Agreement, including but not
limited to change-order authorizations.
1.21. "Redflex Photo Red Light and Speed System" means, collectively, the
SmartCam™ System, the SmartOpsTM System, the Photo Red Light and Speed
Program, and all of the other equipment, applications, back office processes and
digital red light traffic enforcement cameras, sensors, components, products,
software and other tangible and intangible property relating thereto.
1.22. "Photo Red Light and Speed Enforcement Program" means the process by
which the monitoring, identification and enforcement of Infractions is facilitated
by the use of certain equipment, applications and back office processes of
Redflex, including but not limited to cameras, flashes, central processing units,
signal controller interfaces and detectors (whether loop, radar or video loop)
which, collectively, are capable of measuring Infractions and recording such
Infraction data in the form of photographic images of motor vehicles.
] .23. "Infraction Criteria" means the standards and criteria by which Potential
Infractions will be evaluated by Authorized City Statf of the Customer, to
determine a infraction was committed. all of which shall be in compliance with
all applicable laws, rules and regulations of Governmental Authorities.
4
1.24. ''SmartCam™ System" means the proprietary digital redlight photo
enforcement system of Redtlex relating to the Photo Red Light and Speed
Enforcement Program.
1.25. "SmartOpsTM System" means the proprietary back-oftice processes of
Redllex relating to the Photo Red Light and Speed Enforcement Program.
1.26. "SmartSceneTM System" means the proprietary digital video camera unit,
hardware and software required for providing supplemental infraction data.
1.27. "Traftic Signal Controller Boxes" means the signal controller interface
and detector, including but not limited to the radar or video loop. as the case may
be.
1.28. "Infraction" means any traffic infraction contrary to the terms of the RCW
(Revised Code of Washington)or any applicable rule, regulation or law of any
other Governmental Authority, including but not limited to operating a motor
vehicle contrary to traffic signals, and operating a motor vehicle without
displaying a valid license plate or registration.
1.29. "Infractions Data" means the images and other Infractions data gathered
by the Redflex System at the Designated Enforcement Sites.
1.30. "Warning Period" means the period of thirty (30) days after the
Installation Date of the first intersection approach.
2. TERAf. The term of this Agreement shall commence as of the date hereof and shall
continue for a period of five (5) years after the Installation Date (the "Initial Term").
The Customer shall have the right, but not the obligation, to extend the term of this
Agreement for up to two (2) additional consecutive and automatic two (2) year
periods following the expiration of the Initial Term (each, a "Renewal Term" and
collectively with the Initial Term, the "Term"). The Customer may exercise the right
to extend the term of this Agreement for a Renewal Term by providing written notice
to Redflex not less than thirty (30) days prior to the last day of the Initial Term or the
Renewal Term, as the case may be.
3. SERVICES. Redflex shall provide the Photo Red Light and Speed Enforcement
Program to the Customer, in each case in accordance with the terms and provisions
set forth in this Agreement.
3.1. INSTALLATION. With respect to the construction and installation of the
Designated Enforcement Sites and the installation of the Redflex System at such
Designated Enforcement Sites, the Customer and Redflex shall have the
respective rights and obligations set forth on Exhibit B attached hereto.
3.2. MAINTENANCE. With respect to the maintenance of the Redflex System at the
Designated Enforcement Sites the Customer and Redflex shall have the
respective rights and obligations set forth on Exhibit C attached hereto.
3.3. INFRACTION PROCESSING. During the Operational Period, Infractions shall
be processed as follows:
3.3.1. All Infractions Data shall be stored on the Redtlex System;
3.3.2. The Redtlex System shall process Infractions Data gathered from the
Designated Enforcement Sites into a format capable of review by the
Authorized City Staff via the Redtlex System;
5
3.3.3. The Redtlex System shall be accessible by the Authorized City Stafl
through a virtual private network in encrypted format by use of a
contidential password on any computer equipped with a high-speed internet
connection and a web browser;
3.3.4. Redtlex shall provide the Authorized City Staff \vith access to the Redtlex
System for the purposes of revie\ving the pre-processed Infractions Data
\vithin seven (7) days of the gathering of the Infraction Data from the
applicable Designated Enforcement Sites
3.3.5. The Customer shall cause the Authorized Officer to review the Infractions
Data and to determine whether a citation shall be issued with respect to each
Potential Infraction captured within such Infraction Data, and transmit each
such determination in the form of an Electronic Signature to Redflex using
the software or other applications or procedures provided by Redtlex on the
Redflex System for such purpose, and REDFLEX HEREBY
ACKNOWLEDGES AND AGREES THAT THE DECISION TO ISSUE A
CITA nON SHALL BE THE SOLE, UNILATERAL AND EXCLUSIVE
DECISION OF THE AUTHORIZED CITY STAFF AND SHALL BE
MADE IN SUCH AUTHORIZED CITY STAFF'S SOLE DISCRETION (A
''CITATION DECISION"), AND IN NO EVENT SHALL RED FLEX
HA VE THE ABILITY OR AUTHORIZATION TO MAKE A CITATION
DECISION;
3.3.6. With respect to each Authorized Infraction, Redflex shall print and mail a
Citation within six (6) days after Redflex's receipt of such authorization;
provided, however, during the Warning Period, warning infraction notices
shall be issued in respect of all Authorized Infractions;
3.3.7. Redflex shall provide a toll-free telephone number for the purposes of
answering citizen inquiries. The number shall be printed on the infraction
including times and time zone as to when this number can be reached.
3.3.8. Redflex shall permit the Authorized City Staff to generate monthly reports
using the Redflex Standard Report System.
3.3.9. Upon Redflex's receipt of a written request from the Customer and in
addition to the Standard Reports, Redflex shall provide, without cost to the
Customer, reports regarding the processing and issuance of Citations, the
maintenance and downtime records of the Designated Enforcement Sites and
the functionality of the Redflex System with respect thereto to the Customer
in such format and for such periods as the Customer may reasonably request;
provided, however, Redflex shall not be obligated to provide in excess of six
(6) such reports in any given twelve (12) month period without cost to the
Customer;
3.3.10. Upon the Customer's receipt of a written request from Redtlex, the
Customer shall provide, without cost to Redtlex, reports regarding the
prosecution of Citations and the collection of tines, fees and other monies in
respect thereof in such format and for such periods as Redtlex may
reasonably request; provided, however, the Customer shall not be obligated
to provide in excess of six (6) such repol1s in any given twelve (12) month
period without cost to Redtlex;
6
3.3.11. During the six (6) month period following the Installation Date and/or
upon Redflex's receipt of a written request from the Customer at least
fourteen (14) calendar days in advance of court proceeding, Redtlex shall
provide expert witnesses for use by the Customer in prosecuting Infractions;
provided, however, the Customer shall use reasonable best effC)J1s to seek
judicial notice in lieu of requiring Redtlex to provide such expert witnesses.
Following the initial six (6) month period, Redtlex will provide expert
witnesses to the Customer at no charge for the first two (2) requests in a
calendar year, and will be reimbursed for all travel related expenses for any
additional requests for expert witness testimony within the calendar year;
and
3.3.12. During the three (3) month period following the Installation Date, Redflex
shall provide such training to law enforcement personnel as shall be
reasonably necessary in order to allow such personnel to act as expert
witnesses on behalf of the Customer with respect to the Redlight
Enforcement Program. The initial training session will consist of two days
of instruction.
3.4. PROSECUTION AND COLLECTION; COMPENSATION. The Customer shall
prosecute Citations and the collection of all Fines in respect thereof, and Redflex
shall have the right to receive, and the Customer shall be obligated to pay, the
compensation set forth on Exhibit D attached hereto. When any infraction is
contested or a request is made by the defendant to allow for payments or delay of
payment then the Bremerton Municipal Court shall collect and account for all
collection of fines. Redflex may request a report of the infractions and status of
collections on a monthly basis. If the fines collected by Redflex do not meet the
compensation as set forth in Exhibit D then Redflex may request the customer to
compensate Redflex from the funds collected by the municipal court for photo
enforcement up to the amount set forth in Exhibit D.
3.5. OTHER RIGHTS AND OBLIGATIONS. During the Term, in addition to all of
the other rights and obligations set forth in this Agreement, Redflex and the
Customer shall have the respective rights and obligations set forth on Exhibit E
attached hereto.
3.6. CHANGE ORDERS. The Customer may from time to time request changes to
the work required to be performed or the addition of products or services to those
required pursuant to the terms of this Agreement by providing written notice
thereof to Redflex, setting forth in reasonable detail the proposed changes (a
"Change Order Notice"). Upon Redflex's receipt of a Change Order Notice,
Redflex shall deliver a written statement describing the effect, if any, the
proposed changes would have on the pricing terms set f0l1h in Exhibit D (the
"Change Order Proposal"), which Change Order Proposal shall include (i) a
detailed breakdown of the charge and schedule effects, (ii) a description of any
resulting changes to the specifications and obligations of the parties, (iii) a
schedule for the delivery and other performance obligations, and (iv) any other
information relating to the proposed changes reasonably requested by the
Customer. Following the Customer's receipt of the Change Order Proposal, the
parties shall negotiate in good faith and agree to a plan and schedule for
7
implementation of the proposed changes, the time, manner and amount of
payment or price increases or decreases, as the case may be. and any other
matters relating to the proposed changes; provided, hl)\vever, in the event that
any proposed change involves only the addition of equipment or services to the
existing Designated Enforcement Sites, or the addition of Enforcement Sites to
be covered by the terms of this Agreement. to the maximum extent applicable.
the pricing terms set forth in Exhibit D shall govern. Any failure of the parties to
reach agreement with respect to any of the foregoing as a result of any proposed
changes shall not be deemed to be a breach of this Agreement, and any
disagreement shall be resolved in accordance with Section 10.
4. License; Reservation of Rights.
4.1. License. Subject to the terms and conditions of this Agreement, Redflex hereby
grants the Customer, and the Customer hereby accepts from Redflex upon the
terms and conditions herein specified, a non-exclusive, non-transferable license
during the Term of this Agreement to: (a) solely within the City of Bremerton,
access and use the Redflex System for the sole purpose of reviewing Potential
Infractions and authorizing the issuance of Citations pursuant to the terms of this
Agreement, and to print copies of any content posted on the Redflex System in
connection therewith, (b) disclose to the public (including outside of the City of
Bremerton that Redflex is providing services to the Customer in connection with
Photo Red Light and Speed Enforcement Program pursuant to the terms of this
Agreement, and (c) use and display the Redflex Marks on or in marketing, public
awareness or education, or other publications or materials relating to the Photo
Red Light and Speed Enforcement Program, so long as any and all such
publications or materials are approved in advance by Redflex.
4.2. RESERVATION OF RIGHTS. The Customer hereby acknowledges and agrees
that: (a) Redflex is the sole and exclusive owner of the Redflex System, the
Redflex Marks, all Intellectual Property arising from or relating to the Redflex
System, and any and all related Equipment, (b) the Customer neither has nor
makes any claim to any right, title or interest in any of the foregoing, except as
specifically granted or authorized under this Agreement, and (c) by reason of the
exercise of any such rights or interests of Customer pursuant to this Agreement,
the Customer shall gain no additional right, title or interest therein.
4.3. RESTRICTED USE. The Customer hereby covenants and agrees that it shall not
(a) make any modifications to the Redflex System, including but not limited to
any Equipment, (b) alter, remove or tamper with any Redflex Marks, (c) use any
of the Redflex Marks in any way which might prejudice their distinctiveness,
validity or the goodwill of Redflex therein, (d) use any trademarks or other marks
other than the Redflex Marks in connection with the Customer's use of the
Redflex System pursuant to the terms of this Agreement without first obtaining
the prior consent of Redflex, or (e) disassemble, de-compile or otherwise perform
any type of reverse engineering to the Redflex System, the Rcdllex System,
including but not limited to any Equipment. or to any, Intellectual Property or
Proprietary Property of Redtlex, or cause any other Person to do any of the
foregoing.
8
4.4. PROTECTION OF RIGHTS. Redtlex shall have the right to take whatever
action it deems necessary or desirable to remedy or prevent the infringement of
any Intellectual Property of Redflex, including without limitation the filing of
applications to register as trademarks in any jurisdiction any of the Redtlex
Marks, the tiling of patent application for any of the Intellectual Property of
Redtlex, and making any other applications or filings with appropriate
Governmental Authorities. The Customer shall not take any action to remedy or
prevent such infringing activities, and shall not in its own name make any
registrations or filings with respect to any of the Redtlex Marks or the
Intellectual Prope11y of Redtlex without the prior written consent of Redtlex.
4.5. INFRINGEMENT. The Customer shall use its reasonable best efforts to give
Redflex prompt notice of any activities or threatened activities of any Person of
which it becomes aware that infringes or violates the Redflex Marks or any of
Redflex's Intellectual Property or that constitute a misappropriation of trade
secrets or act of unfair competition that might dilute, damage or destroy any of
the Redflex Marks or any other Intellectual Property of Redflex. Redflex shall
have the exclusive right, but not the obligation, to take action to enforce such
rights and to make settlements with respect thereto. In the event that Redflex
commences any enforcement action under this Section 4.5, then the Customer
shall render to Redflex such reasonable cooperation and assistance as is
reasonably requested by Redflex, and Redflex shall be entitled to any damages or
other monetary amount that might be awarded after deduction of actual costs;
provided, that Redflex shall reimburse the Customer for any reasonable costs
incurred in providing such cooperation and assistance.
4.6. INFRINGING USE. The Customer shall give Redflex prompt written notice of
any action or claim action or claim, whether threatened or pending, against the
Customer alleging that the Redflex Marks, or any other Intellectual Property of
Redflex, infringes or violates any patent, trademark, copyright, trade secret or
other Intellectual Property of any other Person, and the Customer shall render to
Redflex such reasonable cooperation and assistance as is reasonably requested by
Redflex in the defense thereof; provided, that Redflex shall reimburse the
Customer for any reasonable costs incurred in providing such cooperation and
assistance. If such a claim is made and Redflex determines, in the exercise of its
sole discretion, that an infringement may exist, Redflex shall have the option to
procure for the Customer the right to keep using the allegedly infringing items,
modify them to avoid the alleged infringement or replace them with non-
infringing items.
5. Representations and Warranties.
5.1. Redflex Representations and Warranties.
5.1.1. Authority. Redtlex hereby warrants and represents that it has all right,
power and authority to execute and deliver this Agreement and perform its
obligations hereunder.
5.1.2. Professional Services. Redflex hereby warrants and represents that any
and all services provided by Redtlex pursuant to this Agreement shall be
performed in a professional and workmanlike manner and, with respect to
9
the installation of the Redtlex System, subject to applicable law, 111
compliance with all specitications provided to Redtlex by the Customer.
5.2. Customer Representations and Warranties.
5.2.1. Authority. The Customer hereby warrants and represents that it has all
right, power and authority to execute and deliver this Agreement and
perform its obligations hereunder.
5.2.2. Professional Services. The Customer hereby warrants and represents that
any and all services provided by the Customer pursuant to this Agreement
shall be performed in a professional and workmanlike manner.
5.3. LIMITED WARRANTIES. EXCEPT AS OTHERWISE PROVIDED IN THIS
AGREEMENT, REDFLEX MAKES NO WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, WITH RESPECT TO THE REDFLEX SYSTEM OR
ANY RELATED EQUIPMENT OR WITH RESPECT TO THE RESULTS OF
THE CUSTOMER'S USE OF ANY OF THE FOREGOING.
NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH
HEREIN, REDFLEX DOES NOT WARRANT THAT ANY OF THE
DESIGNATED ENFORCEMENT SITES OR THE REDFLEX SYSTEM WILL
OPERATE IN THE WAY THE CUSTOMER SELECTS FOR USE, OR THAT
THE OPERATION OR USE THEREOF WILL BE UNINTERRUPTED. THE
CUSTOMER HEREBY ACKNOWLEDGES THAT THE REDFLEX SYSTEM
MAY MALFUNCTION FROM TIME TO TIME, AND SUBJECT TO THE
TERMS OF THIS AGREEMENT, REDFLEX SHALL DILIGENTLY
ENDEAVOR TO CORRECT ANY SUCH MALFUNCTION IN A TIMELY
MANNER.
6. Termination.
6.1. TERMINATION FOR CAUSE: Either party shall have the right to terminate
this Agreement immediately by written notice to the other if (i) state or local
statutes or ordinances are amended to prohibit or substantially change the
operation of Photo Red Light and Speed enforcement systems; (ii) any court
having jurisdiction over City rules, or state or federal statute declares, that results
from the Redflex System of Photo Red Light and Speed enforcement are
inadmissible in evidence; or (iii) the other party commits any material breach of
any of the provisions of this Agreement. In the event of a termination due to
Section 6.1 (i) or 6.1 (ii) above, Customer shall be relieved of any further
obligations for payment to Redflex other than as specified in Exhibit "0". Either
party shall have the right to remedy the cause for termination (Sec 6.1) within
fOliy-tive (45) calendar days (or within such other time period as the Customer
and Redtlex shall mutually agree, which agreement shall not be unreasonably
withheld or delayed) after written notice from the non-causing party setting forth
in reasonable detai I the events of the cause for termination.
6.2. The rights to terminate this Agreement given in this Section 6.1 shall be without
prejudice to any other right or remedy of either party in respect of the breach
concerned (if any) or any other breach of this Agreement.
10
6.3. PROCEDURES UPON TERMINATION. The termination of this Agreement
shall not relive either party of any liability that accrued prior to such termination.
Except as set forth in Section 6.3. upon the termination of this Agreement, all of
the provisions of this Agreement shall terminate and:
6.3.1. Redflex shall (i) immediately cease to provide services, including but not
limited to work in connection with the construction or installation activities
and services in connection with the Photo Red Light and Speed Enforcement
Program, (ii) promptly deliver to the Customer any and all Proprietary
Property of the Customer provided to Redflex pursuant to this Agreement,
(iii) promptly deliver to the Customer a final report to the Customer
regarding the collection of data and the issuance of Citations in such format
and for such periods as the Customer may reasonably request, and which
final report Redflex shall update or supplement from time to time when and
if additional data or information becomes available, (iv) promptly deliver to
Customer a final invoice stating all fees and charges properly owed by
Customer to Redflex for work performed and Citations issued by Redflex
prior to the termination, and (v) provide such assistance as the Customer
may reasonably request from time to time in connection with prosecuting
and enforcing Citations issued prior to the termination of this Agreement.
6.3.2. The Customer shall (i) immediately cease using the Photo Red Light and
Speed Enforcement Program, accessing the Redflex System and using any
other Intellectual Property of Redflex, (ii) promptly deliver to Redflex any
. and all Proprietary Property of Redflex provided to the Customer pursuant to
this Agreement, and (iii) promptly pay any and all fees, charges and amounts
properly owed by Customer to Redflex for work performed and Citations
issued by Redflex prior to the termination.
6.3.3. Unless the Customer and Redflex have agreed to enter into a new
agreement relating to the Photo Red Light and Speed Enforcement Program
or have agreed to extend the Term of this Agreement, Redflex shall remove
any and all Equipment or other materials of Redflex installed in connection
with Redflex's performance of its obligations under this Agreement,
including but not limited to housings, poles and camera systems, and
Redflex shall restore the Designated Enforcement Sites to substantially the
same condition such Designated Enforcement Sites were in immediately
prior to this Agreement.
6.4. SURVIVAL. Notwithstanding the foregoing, the definitions and each of the
following shall survive the termination of this Agreement: (x) Sections 4.2
(Reservation of Rights), 5.1 (Redflex Representations and Warranties), 5.2
(Customer Representations and Warranties), 5.3 (Limited Warranty), 7
(Confidentiality), 8 (Indemnification and Liability), 9 (Notices), 10 (Dispute
Resolution), 11.1 (Assignment), 11.17 (Applicable Law). 11.16 (Injunctive
Relict; Specific Performance) and 11.18 (Jurisdiction and Venue), and (y) those
provisions, and the rights and obligations therein, set forth in this Agreement
which either by their terms state. or evidence the intent of the parties, that the
II
provIsions survive the expiration or termination of the Agreement, or must
survive to give effect to the provisions of this Agreement.
L..CONFIDENTIALlTY. Customer agrees to keep confidential any proprietary or
confidential information to the extent permitted by law, including laws pertaining to public records,
specifically RCW 42.56. Redflex shall be responsible for clearly and conspicuously identifying
specific information it believes to be 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
Washington State or federal law. If the Customer receives a demand from any person for
disclosure of any information designated by Redflex as confidential, Customer shall, so far as
consistent with applicable law, advise contractor of such request and provide contractor with a
copy of the written request by the party demanding access to such information within a
reasonable time.
8. Indemnification and Liability.
Redflex shall defend, indemnify and hold the Customer, its officers, officials,
employees, agents and volunteers harmless from any and all claims, injuries, damages,
losses or suits, including all legal costs and attorney fees, arising out of or in connection
with the performance of this Agreement, except for that portion of the injuries and
damages caused by the Customer's sole negligence.
The Customer's review or acceptance of any of the work when completed shall
not be grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject
to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury
to persons or damages to property caused by or resulting from the concurrent negligence
of Redflex and the Customer, its officers, officials, employees, agents and volunteers,
Redflex's liability hereunder shall be only to the extent of Redflex's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICA TION PROVIDED HEREIN CONSTITUTES REDFLEX'S WAIVER
OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY
FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER
ACKNOWLEDGE THA T THEY HA VE MUTUALLY NEGOTIA TED THIS
WAIVER.
The provisions of this section shall surVIve the expiration or termination of this
Agreement.
7. NOTICES. Any notices to be given hereunder shall be in wnt1l1g, and shall be
deemed to have been given (a) upon delivery, if delivered by hand, (b) three (3) days
after being mailed first class, certified mail, return receipt requested, postage and
registry fees prepaid, or (c) one Business Day after being delivered to a reputable
overnight courier service, excluding the U.S. Postal Service, prepaid, marked for next
12
day delivery, if the courier service obtains a signature acknowledging receipt in each
case addressed or sent to such party as follows:
7.1. Notices to Redtlex:
Redllex Traffic SYstems, Inc.
15020 North 74t'<"treet
Scottsdale, AZ 85260
Attention: Ms. Karen Finley
Facsimile: (480) 607-5552
7.2. Notices to the Customer:
City of Bremerton
Attention:
Facsimile:
13
8. DISPUTE RESOLUTION. Upon the occurrence of any dispute or disagreement
between the parties hereto arising out of or in connection with any term or provision
of this Agreement, the subject matter hereof, or the interpretation or enforcement
hereof (the "Dispute"), the parties shall engage in informal, good faith discussions
and attempt to resolve the Dispute. In connection therewith, upon written notice of
either party, each of the parties will appoint a designated officer whose task it shall be
to meet for the purpose of attempting to resolve such Dispute. The designated
officers shall meet as often as the parties shall deem to be reasonably necessary. Such
officers will discuss the Dispute. If the parties are unable to resolve the Dispute in
accordance with this Section 1 0, and in the event that either of the parties concludes
in good faith that amicable resolution through continued negotiation with respect to
the Dispute is not reasonably likely, then the parties may mutually agree to submit to
binding or nonbinding arbitration or mediation. If these options have been exhausted
and no agreement has been reached, the parties may pursue other legal remedies.
9. Miscellaneous.
9.1. Assignment. Neither party may assign all or any portion of this Agreement
without the prior written consent of the other, which consent shall not be
unreasonably withheld or delayed; provided, however, The Customer hereby
acknowledges and agrees that the execution (as outlined in Exhibit F), delivery
and performance of Redflex's rights pursuant to this Agreement shall require a
significant investment by Redflex, and that in order to finance such investment,
Redflex may be required to enter into certain agreements or arrangements
("Financing Transactions") with equipment lessors, banks, financial institutions
or other similar persons or entities (each, a "Financial Institution" and
collectively, "Financial Institutions"). The Customer hereby agrees that Redflex
shall have the right to assign, pledge, hypothecate or otherwise transfer
("Transfer") its rights, or any of them, under this Agreement to any Financial
Institution in connection with any Financing Transaction between Redflex and
any such Financial Institution, subject to the Customer's prior written approval,
which approval shall not be unreasonably withheld or delayed. The Customer
further acknowledges and agrees that in the event that Redflex provides written
notice to the Customer that it intends to Transfer all or any of Redflex's rights
pursuant to this Agreement, and in the event that the Customer fails to provide
such approval or fails to object to such Transfer within forty-five (45) business
days after its receipt of such notice from Redflex, for the purposes of this
Agreement, the Customer shall be deemed to have consented to and approved
such Transfer by Redflex. Notwithstanding the above, this Agreement shall inure
to the benefit of, and be binding upon, the parties hereto, and their respective
successors or assigns.
9.2. RELATIONSHIP BETWEEN REDFLEX AND THE CUSTOMER. Nothing in
this Agreement shall create, or be deemed to create, a partnership, joint venture
or the relationship of principal and agent or employer and employee between the
parties. The relationship between the parties shall be that of independent
contractors, and nothing contained in this Agreement shall create the relationship of
14
principal and agent or otherwise permit either party to incur any debts or liabilities
or obligations on behalfofthe other pat1y (except as specifically provided herein).
9.3. AUDIT RIGHTS. Each of parties hereto shall have the right to audit the books
and records of the other pat1y hereto (the "Audited Partv") solely for the purpose
of verifying the payments, if any. payable pursuant to this Agreement. Any such
audit shall be conducted upon not less than forty-eight (48) hours' prior notice to
the Audited Party. at mutually convenient times and during the Audited Party's
normal business hours. Except as othenvise provided in this Agreement, the cost
of any such audit shall be borne by the non-Audited PaI1Y, including
reimbursement for reasonable travel expenses. In the event any such audit
establishes any underpayment of any payment payable by the Audited Party to
the non-Audited Party pursuant to this Agreement, the Audited Party shall
promptly pay the amount of the shortfall, and in the event that any such audit
establishes that the Audited Party has underpaid any payment by more than
twenty five percent (25%) of the amount of actually owing, the cost of such audit
shall be borne by the Audited Party. In the event any such audit establishes any
overpayment by the Audited Party of any payment made pursuant to this
Agreement, non-Audited Party shall promptly refund to the Audited Party the
amount of the excess.
9.4. FORCE MAJEURE. Neither party will be liable to the other or be deemed to be
in breach of this Agreement for any failure or delay in rendering performance
arising out of causes beyond its reasonable control and without its fault or
negligence. Such causes may include but are not limited to, acts of God or the
public enemy, terrorism, significant tires, floods, earthquakes, epidemics,
quarantine restrictions, strikes, freight embargoes, or Governmental Authorities
approval delays which are not caused by any act or omission by Redflex, and
unusually severe weather. The party whose performance is affected agrees to
notify the other promptly of the existence and nature of any delay.
9.5. ENTIRE AGREEMENT. This Agreement represents the entire Agreement
between the parties, and there are no other agreements (other than invoices and
purchase orders), whether written or oral, which affect its terms. This Agreement
may be amended only by a subsequent written agreement signed by both parties.
9.6. SEVERABILITY. If any provision of this Agreement is held by any court or
other competent authority to be void or unenforceable in whole or part, this
Agreement shall continue to be valid as to the other provisions thereof and the
remainder of the affected provision.
9.7. WAIVER. Any waiver by either party of a breach of any provision of this
Agreement shall not be considered as a waiver of any subsequent breach of the
same or any other provision thereof.
9.8. CONSTRUCTION Except as expressly otherwise provided in this Agreement,
this Agreement shall be construed as having been fully and completely
negotiated and neither the Agreement nor any provision thereof shall be
construed more strictly against either party.
9.9. HEADINGS. The headings of the sections contained in this Agreement are
included herein for reference purposes only, solely for the convenience of the
parties hereto, and shall not in any way be deemed to affect the meaning,
15
interpretation or applicability of this Agreement or any term, condition or
provision hereof.
9.10. EXECUTION AND COUNTERPARTS. This Agreement may be
executed in any number of counterparts, each of which when so executed and
delivered shall be deemed an original, and such counterparts together shall
constitute only one instrument. Anyone of such counterparts shall be sufficient
for the purpose of proving the existence and terms of this Agreement, and no
party shall be required to produce an original or all of such counterparts in
making such proof.
9.11. COVENANT OF FURTHER ASSURANCES. All parties to this
Agreement shall, upon request, perform any and all acts and execute and deliver
any and all certificates, instruments and other documents that may be necessary
or appropriate to carry out any of the terms, conditions and provisions hereof or
to carry out the intent of this Agreement.
9.12. REMEDIES CUMULATIVE. Each and all of the several rights and
remedies provided for in this Agreement shall be construed as being cumulative
and no one of them shall be deemed to be exclusive of the others or of any right
or remedy allowed by law or equity, and pursuit of anyone remedy shall not be
deemed to be an election of such remedy, or a waiver of any other remedy.
9.13. BINDING EFFECT. This Agreement shall inure to the benefit of and be
binding upon all of the parties hereto and their respective executors,
administrators, successors and permitted assigns.
9.14. COMPLIANCE WITH LAWS. Nothing contained in this Agreement
shall be construed to require the commission of any act contrary to law, and
whenever there is a conflict between any term, condition or provision of this
Agreement and any present or future statute, law, ordinance or regulation
contrary to which the parties have no legal right to contract, the latter shall
prevail, but in such event the term, condition or provision of this Agreement
affected shall be curtailed and limited only to the extent necessary to bring it
within the requirement of the law, provided that such construction is consistent
with the intent of the Parties as expressed in this Agreement.
9.15. NO THIRD PARTY BENEFIT. Nothing contained in this Agreement
shall be deemed to confer any right or benefit on any Person who is not a party to
this Agreement.
9.16. INJUNCTIVE RELIEF; SPECIFIC PERFORMANCE. The parties
hereby agree and acknowledge that a breach of Sections 4.1 (License), 4.3
(Restricted Use) or 7 (Confidentiality) of this Agreement would result in severe
and irreparable injury to the other party, which injury could not be adequately
compensated by an award of money damages, and the parties therefore agree and
acknowledge that they shall be entitled to injunctive relief in the event of any
breach of any material term, condition or provision of this Agreement, or to
enjoin or prevent such a breach, including without limitation an action for
specific performance hereof.
9.17. APPLICABLE LAW. This Agreement shall be governed by and
construed in all respects solely in accordance with the laws of the State of
Washington, United States.
16
9.18. JURISDICTION AND VENUE. Any dispute ansll1g out of or in
connection with this Agreement shall be submitted to the exclusive jurisdiction
and venue of the courts located in the County of Kitsap State of Washington and
both parties specifically agree to be bound by the jurisdiction and venue thereof.
(The remainder of this page is left intentionally blank)
17
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year Jirst set forth above.
"Customer"
"Redtlex"
CITY OF Bremerton
REDFLEX TRAFFIC SYSTEMS, INC.,
By:
Name:
Title:
By:
Name: Karen Finley
Title: President and CEO
18
EXHIBIT "A"
Designated Enforcement Sites
The contract is for the implementation of up to 12 (twelve) intersections. Identification of
Enforcement Sites, including designated school zones will be based on mutual agreement
between Redt1ex and the City as warranted by community safety and traffic needs.
19
EXHIBIT "B"
Construction and Installation Obligations
Timeframe for Installation: Photo Red Light and Speed Enforcement Svstem
Redtlex will have each specified intersection installed and activated in phases in
accordance with an implementation plan to be mutually agreed to by Redf1ex Traffic
Systems and the Customer.
Redtlex will use reasonable commercial efforts to install the system in accordance with
the schedule set forth in the implementation plan that will be formalized upon project
commencement.
Redflex will use reasonable commercial efforts to install and activate the first specified
intersection within forty-five (45) to sixty (60) days subsequent to formal project kick-
off. The Customer agrees that the estimated timeframe for installation and activation are
subject to conditions beyond the control of Redflex and are not guaranteed.
In order to provide the client with timely completion of the photo enforcement project
Redflex Traffic Systems requires that the City assist with providing timely approval of
City permit requests. The City acknowledges the importance of the safety program and
undertakes that in order to keep the project on schedule the customer is to provide city
engineers review of Redflex permit requests and all documentation in a timely manner.
1. Redflex Obligations. Redflex shall do or cause to be done each of the following (in
each case, unless otherwise stated below, at Redflex's sole expense):
1.1. Appoint the Redflex Project Manager and a project implementation team
consisting of between one (1) and four (4) people to assist the Redflex Project
Manager;
1.2. Conduct traffic investigations to determine the appropriate location for photo
enforcement.
1.3. Request current "as-built" electronic engineering drawings for the Designated
Enforcement Sites (the "Drawings") from the city engineer;
1.4. Develop and submit to the Customer for approval construction and installation
specifications in reasonable detail for the Designated Enforcement Sites,
including but not limited to specifications for all radar sensors, pavement loops,
electrical connections and traffic controller connections, as required; and
1.5. Seek approval from the relevant Governmental Authorities having authority or
jurisdiction over the construction and installation specifications for the
Designated Enforcement Sites (collectively, the "Approvals"), which will include
compliance with City permit applications.
1.6. Finalize the acquisition of the Approvals;
1.7. Submit to the Customer a public awareness strategy for the Customer's
consideration and approval, which strategy shall include media and educational
materials for the Customer's approval or amendment (the "Awareness Strategy");
1.8. Develop the Infraction Criteria in consultation with the Customer;
20
1.9. Develop the Enforcement Documentation for approval by the Customer, which
approval shaIl not be unreasonably withheld;
1.10. Complete the installation and testing of all necessary Equipment,
including hardware and software, at the Designated Enforcement Sites (under the
supervision of the Customer);
1.11. Cause an electrical sub-contractor to complete all reasonably necessary
electrical work at the Designated Enforcement Sites, including but not limited to
the installation of all related Equipment and other detection sensors, poles,
cabling, telecommunications equipment and wiring, which work shaIl be
performed in compliance with all applicable local, state and federal laws and
regulations;
1.12. Install and test the functionality of the Designated Enforcement Sites with
the Redtlex System and establish fully operational Infraction processing
capability with the Redflex System;
1.13. Implement the use of the Redflex System at each of the Designated
Enforcement Sites;
1.14. Deliver the Materials to the Customer; and
1.15. Issue citation notices for Authorized Infractions;
1.16. Redflex shall provide training (i) for up to fifteen (15) personnel of the
Customer, including but not limited to the persons who Customer shall appoint as
Authorized City Staff and other persons involved in the administration of the
Redlight Photo Enforcement Program, (ii) for at least sixteen (16) hours in the
aggregate, (iii) regarding the operation of the Redflex System, which training
shall include training with respect to the Redtlex System and its operations,
strategies for presenting Infractions Data in court and judicial proceedings and a
review of the Enforcement Documentation;
1.17. Interact with court and judicial personnel to address issues regarding the
implementation of the Redflex System, the development of a subpoena
processing timeline that will permit the offering of Infractions Data in court and
judicial proceedings, and coordination between Redflex, the Customer and
juvenile court personnel; and
1.18. Provide reasonable public relations resources and media materials to the
Customer in the event that the Customer elects to conduct a public launch of the
Photo Red Light and Speed Enforcement Program.
1.19. Citation processing and citation re-issuance
'2. CUSTOMER OBLIGA nONS. The Customer shall do or cause to be done each of
the following (in each case, unless otherwise stated below, at Customer's sole
expense ):
2.1.1. Appoint the Project Manager;
2.1.2. Assist Redflex in obtaining the Drawings from the relevant Governmental
Authorities;
2.1.3. Notify Redtlex of any specific requirements relating to the construction
and installation of any Enforcement Sites or the implementation of the Photo
Red Light and Speed Enforcement Program;
21
2.1.4. Provide assistance to Redtlex in obtaining access to the records data of the
Department of Motor Vehicles in Redtlex's capacity as an independent
contractor to the Customer; and
2.1.5. Assist Redne:...: in seeking the Approvals
2.1.6. Provide reasonable access to the Customer's properties and facilities in
order to permit Redtlex to install and test the functionality of the Designated
Enforcement Sites and the Photo Red Light and Speed Enforcement
Systems;
2.1.7. Provide reasonable access to the personnel of the Customer and reasonable
information about the specitic operational requirements of such personnel
for the purposes of performing training;
2.1.8. Seek approval or amendment of Awareness Strategy and provide written
notice to Redflex with respect to the quantity of media and program
materials (the "Materials") that the Customer will require in order to
implement the Awareness Strategy during the period commencing on the
date on which Redflex begins the installation of any of the Designated
Enforcement Sites and ending one (1) month after the Installation Date;
2.1.9. Assist Redflex in developing the Infraction Criteria; and
2.1.10. Seek approval of the Enforcement Documentation.
Timeframe for Installation: Mobile Speed System
Redflex shall provide the Customer provide a fully equipped vehicle for mobile school
zone photo speed enforcement.
Redflex shall use reasonable commercial efforts to acquire and configure the vehicle or
fixed enforcement site within the first sixty (60) days subsequent to providing in writing a
formal Notice to Proceed. The Customer acknowledges that the estimated timeframe for
acquisition, equipping and delivery of the vehicle are subject to conditions beyond the
control of Redflex and are not guaranteed.
1. Redflex Obligations. Redflex shall do or cause to be done each of the following (in
each case, unless otherwise stated below, at Redflex's sole expense):
1.1. Supply a fully equipped vehicle for mobile photo speed enforcement.
1.2. Complete the installation and testing of all necessary Equipment, including
hardware and software, in the designated vehicle
1.3. Install and test the functionality of the Designated Vehicle with the Redflex
System and establish fully operational Violation processing capability with the
Rcdtlex System;
1.4. Issue citation notices for Authorized Violations;
J .5. Redtlex shall provide program training
2. CUSTOMER OBLIGATIONS. The Customer shall do or cause to be done each of
the following (in each case, unless otherwise stated below, at Customer's sole
expense):
22
2.1. Provide resources to deploy the vehicle at a minimum of tive (5) hours per day.
2.2. Appoint the Police Project Manager;
2.3. Provide reasonable access to the personnel of the Customer and reasonable
information about the specitic operational requirements of such personnel for the
purposes of performing training;
2.4. City will be responsible for all scheduled maintenance limited to oil changes
every 3,000 miles or 3 months, whichever comes tirst. gasoline. tires and regular
cleanings both to the interior and exterior of the vehicle.
/~
_J
EXHIBIT "c"
Maintenance
1. All repair and maintenance of Photo Red Light and Speed Enforcement systems and
related equipment will be the sole responsibility of Redtlex, including but not limited
to maintaining the casings of the cameras included in the Redtlex System and all
other Equipment in reasonably clean and graffiti-free condition. Redtlex will strive
to correct maintenance issues within 48-hours of notification.
2. Redflex shall not open the Traffic Signal Controller Boxes without a representative of
city Traffic Engineering present.
3. The provision of all necessary communication, broadband and telephone services to
the Designated Enforcement Sites will be the sole responsibility of the Redtlex
4. The provision of all necessary electrical services to the Designated Enforcement Sites
will be the sole responsibility of the Customer
5. In the event that images of a quality suitable for the Authorized City Staff to identify
Infractions cannot be reasonably obtained without the use of tlash units, Redtlex shall
provide and install such flash units.
6. The Redtlex Project Manager (or a reasonable alternate) shall be available to the
Police Project Manager each day, on a reasonable best efforts basis.
24
EXHIBIT "0"
COMPENSATION & PRICING
Fixed Photo Red Light System
Commencing on the installation date, for each Designated Enforcement Site, Customer
shall be obligated to pay Redflex a tixed fee of $4,850 per month for each Designated
Intersection Approach ("Fixed Fee") as full remuneration for performing all of the
services contemplated in this Agreement.
Fixed Speed School Zone
Commencing on the installation date, for each Designated School Zone, Customer shall
be obligated to pay Redflex a fixed fee as outlined in the Pricing Table below ("Fixed
Fee") as full remuneration for performing all of the services contemplated in this
Agreement.
Tier
Fixed Fee Per Month
Volume
$4,870
Up to 100 Paid Citations
2 $5,870 101-160 Paid Citations
3 $6,870 161 + Paid Citations
The "Volume" ranges are based on a monthly extrapolation generated by a mutually
agreed to methodology.
Mobile Photo Speed System Component
Commencing on the deployment date, for each Mobile Speed Unit, Customer shall be
obligated to pay Redflex a fixed fee as outlined in the Pricing Table below ("Fixed Fee")
as full remuneration for performing all of the services contemplated in this Agreement.
Redflex provided vehicle = $7,870.00 per month
Cost Neutrality
Notwithstanding the Fixed Fee provisions provided herein to the contrary, Redflex
assures the Customer that the programs provided hereby shall be cost neutral to
Customer. The maximum compensation that Customer shall be obligated to pay to
Redflex each month is the Fixed Fee or the gross receipts received by the
Customer, whichever is less. The Customer agrees to pay Redflex within thil1y
(30) days after the invoice is received. City shall be obligated to pay the cumulative
balance invoiced by Redtlex, in accordance with standard terms, to the extent of
gross receipts to the city from automated infractions. In the event that a balance
remains unpaid due to a deticit in gross receipts compared to invoiced amounts,
25
City will provide to Redtlex with each monthly payment, an accounting of such
gross receipts supporting the amount ,-,vithheld.
In the event that the contract ends or is terminated and an invoiced balance is still
owed to Redtlex, all subsequent receipts from automated red light infractions for a
period of up to 12 months from date of termination will be applied to such balance
and paid to Redtlex up to the amount of said balance.
BUSINESS ASSUMPTIONS FOR ALL PRICING OPTIONS:
I. Redtlex construction will be able to utilize existing conduit for installation where
space is available.
2. Each year the pricing will increase by the CPI. CPI will be derived from the
publication of the U.S. Department of Labor Consumer Price Index for Seattle.
3. Except where a balance remains unpaid due to a deficit in the gross cash received as
described herein, Customer agrees to pay Redtlex within thirty (30) days after the
invoice is received. A monthly late fee of 1.5% is payable for amounts remaining
unpaid 60 days from date of invoice.
4. Redflex will collect all payments on Citations and will deposit all payments into a
lockbox account operated by an FDIC member bank and designated exclusively
for the City (the "Lockbox Account"). The City shall have controlled access to
the Lockbox Account. Redflex shall provide a full accounting to the City on a
monthly basis in accordance with the specifications set forth in the Contract
Documents.
5. Redflex will offer the following payment methods:
5.1. By Mail: When paying a Citation by mail, individuals will be asked to
enclose the Citation and a personal check, money order or cashier's check
for the penalty amount indicated on the front of the Citation. Checks will be
made payable as directed by the City and will be mailed to a specified
address.
5.2. Walk-in Payments: Walk-in payments by personal check, money order,
cashier's check or credit card will be accepted at City facilities (i.e Court). If
the City receives a payment for a Citation, the City will forward the
payment to Redflex's lockbox institution.
5.3. By Phone: Credit card payments will be accepted over the telephone by
Redflex.
5.4. Pay-by-Web:Credit card payments will be accepted by Redflex via the
Internet.
Exhibit "E"
Additional Rights and Obligations
26
Redtlex and the Customer shall respectively have the additional rights and obligations set
forth below:
1. Redtlex shall commit to scheduling video surveys to quantify the extent of red light
infractions at intersections within the City that the Customer has determined are
candidates for photo enforcement. Surveys will be twelve (12) hours in length and be
conducted on a week day. Redtlex shall provide the Customer with a summary of the
inti'actions recorded during the initial survey within 60 days of the execution of this
agreement. Additional surveys will be conducted by mutual agreement of the
Customer and Redtlex. The Customer shall not deny reasonable access to
intersections for the purpose of conducting the video survey(s).
2. Redtlex shall assist the Customer in public information and education efforts,
including but not limited to the development of artwork for utility bill inserts, press
releases and schedules for any public launch of the Redlight Photo Enforcement
Program (actual print and production costs are the sole responsibility of the
Customer).
3. Redt1ex shall be solely responsible for installing such Signage. The Redt1ex shall be
solely responsible for the fabrication of any signage, notices or other postings
required pursuant to any law, rule or regulation of any Governmental Authority
("Signage"), including but not limited to the Vehicle Code, and shall assist in
determining the placement of such Signage.
4. The Redt1ex Project Manager and the Police Project Manager shall meet on a weekly
basis during the period commencing as of the date of execution hereof and ending on
the Installation Date, and on a monthly basis for the remainder of the Term, at such
times and places as the Redt1ex Manager and the Customer Manager shall mutually
agree.
5. The Customer shall not access the Redt1ex System or use the Redlight Photo
Enforcement Program in any manner other than prescribe by law and which restricts
or inhibits any other Person from using the Redflex System or the Redflex Photo
Enforcement Program with respect to any Enforcement Sites constructed or
maintained by Redt1ex for such Person, or which could damage, disable, impair or
overburden the Redflex System or the Redflex Photo Enforcement Program, and the
Customer shall not attempt to gain unauthorized access to (i) any account of any other
Person, (ii) any computer systems or networks connected to the Redt1ex System, or
(iii) any materials or information not intentionally made available by Redt1ex to the
Customer by means of hacking, password mining or any other method whatsoever,
nor shall the Customer cause any other Person to do any of the foregoing.
6. The Customer shall maintain the contidentiality of any username, password or other
process or device for accessing the Redtlex System or using the Redlight Photo
Enforcement Program.
7. Each of Redtlex and the Customer shall advise each other in writing with respect to
any applicable rules or regulations governing the conduct of the other on or with
respect to the property of such other party, including but not limited to rules and
regulations relating to the safeguarding of contidential or proprietary information, and
when so advised, each of Red flex and the Customer shall obey any and all such rules
and regulations.
27
8. The Customer shall promptly reimburse Redllex for the cost of repairing or replacing
any portion of the Redtlex System, or any property or equipment relat,ed thereto,
damaged directly or indirectly by the Customer, or any of its employees, contractors
or agents.
?8
Insurance
I. During the Term, Redtlex shall procure and maintain at Redtlex's sole cost and
expense the following insurance coverage with respect to claims for injuries to
persons or damages to property which may arise from or in connection with the
performance of work or services pursuant to this Agreement by Redtlex, and each
of Redtlex's subcontractors, agents, representatives and employees:
2. Commercial General Liability Insurance. Commercial General Liability
Insurance with coverage of not less than One Million Dollars ($1,000,000)
combined single limit per occurrence for bodily injury and propelty damage;
3. Commercial Automobile Liability Insurance. Commercial Automobile Liability
Insurance with coverage of not less than One Million Dollars ($1,000,000)
combined single limit per accident for bodily injury or property damage,
including but not limited to coverage for all automobiles owned by Redflex, hired
by Redflex,
4. Professional Liability (Errors and Omissions) Insurance. Redflex will use its
commercial best effOlts to procure and maintain Professional Liability (Errors and
Omissions) Insurance with coverage of not less than One Million Dollars
($1,000,000) per claim and in the aggregate.
5. Workers' Compensation and Employer's Liability Insurance. Workers'
Compensation Insurance with coverage of not less than that required by the Labor
Code of the State of (insert name), and Employer's Liability Insurance with
coverage of not less than One Million Dollars ($1,000,000) per occurrence.
6. With respect to the insurance described in the foregoing Section of this Exhibit E,
any deductibles or self-insured retentions must be declared to and approved by the
Customer and any changes to such deductibles or self-insured retentions during
the Term must be approved in advance in writing by the Customer.
7. With respect to the Commercial General Liability Insurance the following
additional provisions shall apply:
8. The Customer Parties shall be covered as additional insureds with respect to any
liability arising from any act or omission of any Redflex Parties pursuant to this
Agreement, and such coverage shall contain no special limitations on the scope of
protection afforded to such additional insureds.
9. The insurance coverage procured by Redflex and described above shall be the
primary insurance with respect to the Customer Parties in connection with this
Agreement, and any insurance or self-insurance maintained by any of the
Customer Parties shall be in excess, and not in contribution to, such insurance.
10. Any failure to comply with the reporting provisions of the various insurance
policies described above shall not affect the coverage provided to the Customer
Parties, and such insurance policies shall state the such insurance coverage shall
apply separately with respect to each additional insured against whom any claim
is made or suit is brought, except with respect to the limits set forth in such
insurance policies.
II. With respect to the insurance described in the foregoing Section of this Exhibit E,
if any of the Redtlex Parties are notified by any insurer that any insurance
coverage will be cancelled, Redtlex shall immediately provide written notice
thereof to the Customer and shall take all necessary actions to correct such
29
cancellation in coverage limits, and shall provide written notice to the Customer
of the date and nature of such correction. If Rcdtlex, for any reason, fails to
maintain the insurance coverage required pursuant to this Agreement, such failure
shall be deemed a material breach of this Agreement, and the Customer shall have
the right, but not the obligation and exercisable in its sole discretion, to either (i)
terminate this Agreement and seek damages from Redtlex for such breach, or (ii)
purchase such required insurance, and without further notice to Redtlex, deduct
from any amounts due to Redtlex pursuant to this Agreement, any premium costs
advance by the Customer for such insurance. If the premium costs advanced by
the Customer for such insurance exceed any amounts due to Redtlex pursuant to
this Agreement, Redflex shall promptly remit such excess amount to the
Customer upon receipt of written notice thereof.
12. Redflex shall provide certificates of insurance and additional insured
endorsements evidencing the insurance required pursuant to the terms of this
Agreement, which certificates shall be executed by an authorized representative
of the applicable insurer, and which certificates shall be delivered to the Customer
prior to Redflex commencing any work pursuant to the terms of this Agreement.
30
Exhibit F
FORM OF ACKNOWLEDGMENT AND CONSENT
This Acknowledgement and Consent dated as of , 2007, is entered into by and
between the City of (the "City") and Rednex Traffic Systems, Inc.,
("Redtlex"), with reference to the Agreement betw"een the city of
and Redtlex Traffic Systems, inc. for Photo Red Light and Speed enforcement program,
dated as of , by and between the City and Redtlex (the "Agreement").
I. Redtlex has entered into a Credit Agreement dated as of August 3, 2003
(the "Harris-Redflex Credit Agreement"), with Harris Trust and Savings Bank (the
"Bank"), pursuant to which the Bank has provided certain working capital credit facilities
to Redflex. Such credit facilities will provide Redtlex the working capital that it needs to
perform its obligations to the City under the Agreement
2. Pursuant to the Harris-Redtlex Credit Agreement, Redtlex has granted
Harris a security interest in all of Redflex's personal property as collateral for the
payment and performance of Redtlex's obligations to the Bank under the Harris-Redtlex
Credit Agreement Such security interest applies to and covers all of Redtlex's contract
rights, including, without limitation, all of Redtlex's rights and interests under the
Agreement
3. Redtlex will not, by virtue of the Harris-Redflex Credit Agreement, be
relieved of any liability or obligation under the Agreement, and the Bank has not"
assumed any liability or obligation of Redtlex under the Agreement
4. The City hereby acknowledges notice of, and consents to, Redtlex's grant
of such security interest in favor of the Bank in all of Redtlex's rights and interests under
the Agreement pursuant to the Harris-Redtlex Credit Agreement
5. The City further acknowledges and agrees that this Acknowledgement and
Consent shall be binding upon the City and shall inure to the benefit of the successors and
assigns of the Bank and to any replacement lender which refinances Redtlex's obligations
to the Bank under the Harris- Redtlex Credit Agreement
IN WITNESS WHEREOF, the City and Redtlex have caused this
Acknowledgement and Consent to be executed by their respective duly authorized and
elected officers as of the date first above written.
The City:
Redflex:
CITY OF BREMERTON, a Municipal
: Corporation
REDFLEX TRAFFIC SYSTEMS, INC.,
a Delaware Corporation
By:
Name:
. Title:
" By:
. Name:
Title:
31
Statement by Adam Brockus - July 18,2007
The use of Red Light and Speed Camera Enforcement first came about a year ago and I will compliment the
staff especially Mike Meacham and Lt. Fisher for answering my many many questions about it.
However, there is still the philosophical difficulty that I started with that is by nature to these installations,
and that is the premise that government needs to use a camera and a computer to watch over its citizens.
George Orwell first speculated in his book 1984 where the entire populace was being observed by its own
government in the name of 'security', and it's been brought up in more books and movies ever since. And
we all probably wonder what the first step was in starting it.
Now I don't presume to think that 50 or 60 years from now, America might be the same way. And I know
that malls, supermarkets, and toll booths even have cameras today. But by even taking this one small step,
do we send a good message to the people we have sworn to serve? That we cannot trust that the people will
be good, unless we keep watching all of the time?
And let's not forget that knowledge of observation can change driver behavior. Hopefully it'll be for the
better, but in a 2005 Study conducted for the Federal Highway Administration, they found that while T -bone
accidents did go down, there was an increase of Rear-end collisions at these signed intersections. The
amount of injuries declined, but there was kind of a Hawthorne effect, the knowledge of being observed
changed the behavior of the participants. The driver did appreciate he was being watched, and sometimes
led to more accidents. And I am not a believer that the ends always justifies the means.
And so I am going to vote "No" on this ordinance, hoping that my fears were unjustified, and that my
philosophical disagreements with it will be rendered moot.
If this ordinance does pass I hope the Drivers of Bremerton fight it in the best way they can; that they obey
the speed limit, that they leave an appropriate distance between themselves and the driver in front of them,
and that they drive defensively. If this happens then the Company operating the cameras will not make a
profit, and then they will remove the cameras at no cost to the city. And Wade, I appreciate that you came
from Redflex to be here, but you will be the first company that I will say to to: I hope you don't make any
money in Bremerton. Please Drive Safe
Thank you, President Maupin.