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Home My WebLink About06/17/2009 AGENDA Im-"" ,\ " ii Ii I Ii I: ,= - II __ @vn\'? ~)lJ I: ~illf1Xl_@Nj L._ _ FILE CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 983370 Phone (360) 473-5280 *** AMENDED*** JUNE 17 , 2009 CITY COUNCIL MEETING AGENDA 1. BRIEFING: 5:00 - 5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. General Council Business 2. CALL TO ORDER: 5:30 P.M. in FIRST FLOOR CHAMBERS A. Pledge of Allegiance B. Invocation 3. MAYOR'S REPORT 4. ANNOUNCEMENTS & PUBLIC RECOGNITION 5. CONSENT AGENDA A. Claims & Check Register B. Minutes of Meeting - June 3, 2009 C. Minutes of Study Session - June 10, 2009 D. Appointment of John Larson and Elizabeth "Sunny" Wheeler to the Parks & Recreation Commission E. Reappointment of Kirk Leaf to the Design Review Board F. Replacement of Vactor Truck from OWEN MACHINERY of Portland, OR G. Contract Award for Construction of "Jackson Park Water Main" to SECO LLC of Olympia, WA H. Contract Award for Construction of "Pacific Avenue Basin Stormwater Collection System" to PAPE & SONS CONSTRUCTION I. Memorandum of Agreement with Kitsap County Rural Library District d/b/a Kitsap Regional Library 6. PUBLIC HEARINGIS) A. Approve 2009 Edward Byrne Memorial Justice Assistance Grant (JAG) Application 7. GENERAL BUSINESS A. Resolution No. 3091 adopting the Bremerton Community School of the Future, Co-Location Project Study B. First Amendment to Agreement with REDFLEX TRAFFIC SYSTEMS, INC. for Photo Enforcement Services 8. EXECUTIVE SESSION A.10 Minute Executive Session to discuss "Pending Litigation" per R.C.W. 42.30.110(1)(i) Item was pulled... 9. COUNCIL MEMBER REPORTS 10. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING 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. COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU WISH YOUR COMMENTS TO BE INCLUDED IN THE RECORD REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU DATE SUBMITIED: 6/1712009 5A AGENDA BILL CITY OF BREMERTON CITY COUNCIL ............................................................................................ SUBJECT: Committee Meeting Date: COUNCIL MEETING Date: June 17, 2009 Department: Financial Services Presenter: Cathy Johnson Phone: 473-5296 Claims & Check Register SUMMARY: Consent Agenda item. Approval of checks and electronic fund transfers. A TTACHMENTS: Check Register. FISCAL IMPACTS (Include Budgeted Amount): APPRO V ALS: DEP ARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: ~'t).t~/~{0~e,/(' CONSENT AGENDA [ZI GENERAL BUSINESS 0 PUBLIC HEARING 0 RECOMMENDED MOTION: 1) Check #'s 332093 through 332362 and EFT's 8829 through 8869 in the amount of$2,096,016.19. 2) Regular Payroll for the pay period ending May 31,2009 in the amount of $785,470.46. COUNCIL ACTION: [ZI Approve 0 Deny 0 Table o Continue 0 No Action DA TE SUBMITTED: AGENDA BILL CITY OF BREMERTON CITY COUNCIL 56 ........................................................................................ SUBJECT: City Council Meeting Minutes for meeting of ;Jul1e.. 3 Committee Meeting Date: N/ A COUNCIL MEETING Date: 0vVle.. 17. 7 009 Department: City Council' Presenter: Cecil McCOlmell Council President Phone: (360)473-5280 SUMMARY: Attached is a summary of the City Council Meeting held Jv V1 e. 3 I 2. 0 <:) '\ ATTACHMENTS: Meeting Minutes for :JvYle... 3 J ?..oc"l FISCAL IMP ACTS (I~c1~de_ Blldget~cl J\rnOlJl}j}: N/ A. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: Council President N/A N/A N/A COMMITTEE CHAIR COUNCIL PRESIDENT: N/A ~'J;:7:'~dl CONSENT AGENDA 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, June 3, 2009 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, June 3, 2009, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, with Council President Cecil McConnell presiding. Council Members present were Nick Wofford, Will Maupin, Dianne Robinson, Mike Shepherd, Roy Runyon, Adam Brockus, and Brad Gehring. Council Member Carol Arends was absent. Also present were City Attorney Roger Lubovich, City Clerk Carol Etgen, and Council Assistant Christine Grenier. A COUNCIL BRIEFING was held to discuss General Council Business; and at 5:30 PM the meeting moved to the First Floor Meeting Chambers. The Pledge of Allegiance was led by Council Member Brad GehrinQ followed by the invocation provided by Council Member Dianne Robinson. MAYOR'S REPORT-- There was nc) MaY9.r'sReport tonight,.. .. PUBLIC RECOGNITION & ANNOUNCEMENTS Roy Runyon welcomed new businesses BREMERTON CRossFIT at 608 4th Street, and the new office of Marcia Marx, Financial Advisor for EDWARD JONES at 555 Pacific ~venue, Suite 101. Nick Wofford announced the Farmer's Market will be starting at 4:00 PM tomorrow; encouraged the public to attend the First Friday Artwalk on June 5; and was excited that the Kitsap Pumas will be playing the Portland Timberwolves on Saturday, June 6 with kick-off at 7:30 PM at the Bremerton High School Memorial Stadium. Katrina Folkerson, Member Services Director of the Kitsap Family YMCA, announced the Annual ,"Tr:,:'Y"eventis this Saturday, June 6 beginning at9:00 AM-which includesawalk, run,or ,swim;.. ..,- Bub Pratt invited the public to attend First Friday Artwalk events; and the "Soothe the Heart" reception to benefit Harrison Hospital on June 18 from 5:00 to 7:00 PM at Amy Burnett's Gallery. Municipal JudQe James Doctor announced that the Municipal Court will be closed from June 15 to 19 while the building will have its roof replaced; and encouraged people to attend the "Passport Festival" on June 18 & 19 from 8:30 to 4:30 in the Norm Dicks Government Center lobby to apply for passports. No appointments are needed and for more information, please visit the website at www. travel. state. qov. CONSENT AGENDA A. Check Numbers 331886 through 332092; and EFT-8792 through EFT-8828 in the amount of $2,930,862.73; Regular Payroll in the amount of $792,705.86 for the pay period ending May 15, 2009; and Retiree Payroll in the amount of $82,254.07 for the pay period ending May 15, 2009 (#AB09-127) B. Minutes of Meeting - May 20,2009 (#AB09-128) C. Minu~es of Study Session - May 27,2009 (#AB09-129) D. Resolution No. 3089 temporarily extending Cable Television Franchise with WAVE DIVISION HOLDINGS, LLC (#AB09-130) E. Ordinance No. 5085 revising and correcting the City Boundaries of streets, roads, or highway rights-of-way located within the City by approving a new legal description of the boundary of the City of Bremerton (#AB09-131) There were no questions or comments from the public. . . 05:41 :43 M/S/C (Runyon/Brockus) Move to approve the CONSENT AGENDA as presented. City Council Reg. Mtg. Minutes Wednesday, June 3, 2009 Page 2 of 8 Voted for Motion: Gehring, Brockus, Runyon, Shepherd; Robinson, Maupin, McConnell Abstained: Wofford Motion carried: 7- Yes; 1-Abstention PUBLIC HEARINGS Testimony and motions were made concurrently for Items 6A & 68... 5A - ORDINANCE NO. 5083 ANNEXING THE TERRITORY WITHIN THE SOUTH KITSAP INDUSTRIAL AREA (SKIA) URBAN GROWTH AREA KNOWN AS "SYLVAN PRODUCTS, INC"; ESTABLISHING INDUSTRIAL ZONING; AND ASSIGNING A CITY COUNCIL DISTRICT FOR THE ANNEXED TERRITORY (#AB09-132): Lindsey Sehmel, Community Development, summarized that property owners within the South Kitsap Industrial Area (SKIA) Urban Growth Area (UGA) have requested that the City Council consider annexing their property to the City of Bremerton. The City has received an annexation petition that has been referred to as "SYLVAN PROJECTS, INC." After careful deliberation and consideration of the financialimpa~tsj~the eouncilto()ka9tion~QIT APIit15; .' ib09 to accept the 16%~ Petition for ihisarea. ~By accepting this petition, the Council allowed the annexation to proceed to the second phase of the petition annexation process, gathering of the signatures for the 75% Petitions. The 75% Petition for SYLVAN PRODUCTS, INC. was submitted to the City on April 16, 2009, and the purpose of the meeting on June 3, 2009 is to hold a public hearing and determine if the Council will pass the proposed ordinance and approve the SYLVAN PRODUCTS, INC. annexation. In addition to accepting the annexation, the ordinance also adopts the Industrial zoning designation, assigns a Council District for the territory and establishes an effective date for the annexation following the Boundary Review Board process. Michael YelvinQton, adjacent property owner, expressed concerns about current business practices by Sylvan and unresolved code enforcement issues presented to the County; and requested that this annexation be delayed so that-these issues can be resolved:' Ms; SehmeITespondedthat'she~Janet.. Lunceford, Code Enforcement Officer, and a County Department of Health representative visited the Haines property to pursue this matter and to attain compliance. She added that following annexation, the City would then be responsible for code enforcement. Mrs. Haines has agreed in writing that the parties will work with the City to take care of any actions necessary to be compliant. 5:50:53 Main Motion was made and discussion by Council Members continued... Mike Shepherd explained that any property that is annexed by the City would then be included in the sub-area planning process to address any issues or regulations that may carry over from the County. Andrea Spencer, Director of Community Development, stated that money has been budgeted for 2009 and 2010 for a dedicated zoning review once these annexations have been concluded. Will Maupin thanked the property owners for their participation in this annexation process and appreciated their faith in being annexed into the city. Brad GehrinQ expressed concerns about the code enforcement issues shared by Mr. Yelvington; believed that the City has a strong code enforcement system in place; and hoped that his concerns will be addressed. 05:55:12 M/S/C/U (Maupin/Shepherd) Move to pass Ordinance No. 5083 annexing the territory within the South Kitsap Industrial Area (SKIA) known as SYLVAN PRODUCTS, INC., establishing Industrial zoning, and assigning a City Council District for the annexed territory. 5B - ORDINANCE NO. 5084 ANNEXING THE TERRITORY WITHIN THE SOUTH KITSAP INDUSTRIAL AREA (SKIA) URBAN GROWTH AREA KNOWN AS "PAIJE, PALMER, ALPINE, AND ESSLINGER"; ESTABLISHING INDUSTRIAL ZONING; AND ASSIGNING A CITY COUNCIL DISTRICT FOR THE ANNEXED TERRITORY (#AB09-133): Lindsey Sehmel, Community Development, stated that property owners within the South Kitsap Industrial Area (SKIA) Urban City Council Reg. Mtg. Minutes Wednesday, June 3,2009 Page 3 of 8 Growth Area (UGA) have requested that the City Council consider annexing their property to the City of Bremerton. The City has received an annexation petition that has been referred to as "PAIJE, PALMER, ALPINE, & ESSliNGER." After careful deliberation and consideration of the financial impacts, the Council took action on April 15, 2009 to accept the 10% Petition for this area. By accepting this petition, the Council allowed the annexation to proceed to the second phase of the petition annexation process, gathering of the signatures for the 75% Petitions. The 75% Petition for PAIJE, PALMER, ALPINE, & ESSliNGER was submitted to the City on April 16, 2009, and the purpose of the meeting on June 3, 2009 is to hold a public hearing and determine if the Council will pass the proposed ordinance and approve the PAIJE, PALMER, ALPINE, & ESSliNGER annexation. In addition to accepting the annexation, the ordinance also adopts the Industrial zoning designation, assigns a Council District for the territory and establishes an effective date for the annexation following the Boundary Review Board process. Ryan Sandstrom of ALPINE EVERGREEN, expressed his appreciation with the City for proceeding. ~- "..-.-, ,- -"- -- -.- - - ._----'"-~-._--.- 05:56:18 M/S/C/U (Maupfn/Runyoil) Move-to pass ()rdfria-nce No. 5084 annexing the territory within the South Kitsap Industrial Area (SKIA) known as PAIJE, PALMER, ALPINE, & ESSliNGER, establishing Industrial zoning, and assigning a City Council District for the annexed territory. 6C - RESOLUTION NO. 3090 APPROVING THE ACTION PLAN AMENDMENTS TO THE 2008 AND 2009 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING RECOMMENDATIONS (#AB09-134): Marie Vila and Phedra Elliott with the City's CDBG Program, explained that the City of Bremerton Community Development Block Grant program has received $147,993 in additional CDBG-Recovery (CDBG-R) funding through the American Reinvestment and Recovery Act (ARRA). Block Grant has also received a 5% increase ($28,076) in funding for the 2009 allocation, raising the 2009 award to $573,461. Block Grant has also allocated additional . - Pro"gram-Incomelothe 2009plahYear',afl increase c5f$T5,000.uBec8useoftne size-and-natureof. this infusion of funds, the City is required to submit to HUD a substantial amendment to our 2008 Action Plan (to outline use of CDBG-R funding) and 2009 Action Plan (to outline use of additional 2009 funding). Block Grant is required to engage citizen participation as the 2009 Citizen Advisory Committee's contingency recommendations, and presents these for Council consideration and approval. If approved, these amendments must be sent to the Department of Housing and Urban Development no later than June 5,2009. If a plan is not submitted by that date, the City will not be able to accept the additional ARRA funding, and we will proceed with the original Action Plan approved by Council in November 2008. Roxanne Bryson, Holly Ridge Center, thanked the City for its ongoing financial support and emphasized that without this support, many programs would not be possible, and that many at risk children (including autistic students) would otherwise be having disciplinary issues. 06:06:24 Motion was made and discussion by Council Members continued... Roy Runyon explained that the funding recommendations are made by a citizen's commission and thanked these individuals for being part of this process. Dianne Robinson commented on the Community Development Block Grant review committee process, and was pleased that the Holly Ridge Center was funded. Adam Brockus was pleased that the Parks Playground Program was funded. Will Maupin also thanked Marie Vila and Phedra Elliott who work closely with the citizen's committee and for explaining the process to Council. Mike Shepherd was impressed that staff had also prepared a contingency schedule so that if new funding were received like the stimulus money that the Council could consider those options. City Council Reg. Mtg. Minutes Wednesday, June 3, 2009 Page 4 of 8 06:10:22 M/S/C/U (Robinson/Brockus) Move to pass Resolution No. 3090 approving the 2008 and 2009 Action Plan Amendments and authorize the Mayor to finalize and execute the contracts with substantially the same terms and conditions as presented once all funding has been secured and HUD has approved the Annual Action Plan. 60 - ORDINANCE NO. 5082 AMENDING THE COMPREHENSIVE PLAN TO INCLUDE THE MANETTE NEIGHBORHOOD CENTER SUB AREA PLAN; AND AMENDING SECTION 20.80 OF THE BREMERTON MUNICIPAL CODE (BMC) TO ACTIVATE THE SUB AREA PLAN (#AB09-135): Lindsev Sehmel, Community Development, emphasized that the action before the Council is to conduct a public hearing and consider amendments to the City of Bremerton Comprehensive Plan and Bremerton Municipal Code 20.80 to incorporate the Manette Neighborhood Sub Area Plan. Andrea Spencer thanked Ms. Sehmel for doing a phenomenal job in arranging public meetings, as _w~lIc:3s ~?IT1~~nicating with th~,_ p~,~J_i~ ~~ri0_g__!hislen9_thYJ)roc~~s._ _w', u'_ ",__.."_,,, ..~ _.._.____ _.. ~. _. ..~_____,".___>_.____._____.___._~.... ".._ __ .w.______..__ _ ...,_~. .__ __.__, u" Dannette Graves asked if items were available to the public, or on the website; and ~as conc~rned that the Growth Management Act is being amended in July and that those issues are riot beinI~ - addressed by the proposed sub-area plan. Jane Rebelowski expressed concerns about both plans that would allow commercial property to abut single family residences; and asked that Council consider extending the deadline for completion. Jennifer Balliet did not support the Planning Commission Plan in its current form; and asked that Council consider amending Plan A that would allow certain issues to be addressed by residents; and appreciated the time put in by the Planning Commission and community to bring these plans forward. Paul McCu lIouahas~ed_ why .large ,scale"development would be consideredfor a smaiL community _." _._ and felt that type of development is not appropriate for Manette. Michael McWilliamson hoped that the Council's decision tonight would reflect what is best for the community, and that the plan included the public's input. Steve Kreifelt commented that the sub area plan process was flawed; and asked if it were the right thing to do to include developer interests in the sub-area plan or is in the best interest of Manette when the residents do not want growth. Jordv Andrew did not support the Planning Commission Plan and believed that the Citizens Plan was incomplete; and added that the open space issue needs to be addressed. Rvan Malane stated that Manette already has a vibrant core, and that the real concerns are over the proposed change in scale and scope; and that some improvement s needed but not on a drastic scale. Ruth Reese believed that the City approved a plan for Manette some time ago and asked why we have to go through this process again; and was concerned that no members of the Planning Commission are in attendance tonight. John Ales recognized the hard work done by staff; stated that both plans have flaws; there are businesses that could qualify as light industrial and the zoning should be updated to reflect this long standing business use; and hoped that a citizens advisory group may be formed to address any concerns about whatever plan that is approved. Chris Nordleaf commented on recent visits to neighboring cities like Gig Harbor where businesses and residents demonstrated that they can co-exist without destroying the character of a neighborhood or its beautiful views. City Council Reg. Mtg. Minutes Wednesday, June 3, 2009 Page 5 of 8 06:52:56 Main Motion was made and discussion began by the Council... Andrea Spencer responded to previous questions 1) notification to the public was through direct mailing for residents in project area plus 200 feet, newspaper, business posting, email, and website 2) Non-conforming uses have not been addressed in the plan but Council has discretion to add to permitted uses 3) Building heights were discussed and are listed at 35 feet in both plans 4) The Citizen Plan includes input from the citizen discussion during from public meetings. 06:55:26 Amending Motion was made and discussion by Council Members continued... Mike Shepherd supported the Citizens Plan in how it addressed height and scale of homes in relation to businesses; commented that a designation for open space is possible even though funding for open space is not available at this time; hoped that there will be further discussion about the area adjacent to the Manette Bridge; believed that commercial redevelopment was not properly addressed; , and agreed with the ~uggest~~ua~gled._~treet par:king,int~ePlan~i~!;}_~()/"l1missiol1,pl~n;_.. .-,..:,~--",~ -,__" Roy Runyon thanked the residents for investing so much of their tim~ in this process; stated that the proposed growth will be actually less than what is described in the plans; and asked if the Citizens Plan were approved, how does the City move forward. Andrea Spencer responded that policies could be put in place to allow further discussion for areas like bridge landing and zoning considerations. ROQer Lubovich added that the Council may take action by motion instead of policy. Will Maupin supported ideas like the streetscapes as listed in the Citizens Plan; noted that while it is unlikely that development will occur now but that may change in the future, the plan may be reviewed in the future to make sure that the needs of the community are continually addressed. Brad Gehrina asked if a "work in progress" process coul.d be ~lJ.ti~Jl-'9S:~~ Andrea Spencer ,_ ___.___ EirisweredfFi'aHFils.was consTdered -di..irlng theWes{Park Plan review. Brad Gehrina also supported the addition of language to allow non-conforming uses by businesses. 07:14:52 Amending Motion was made and discussion continued... Nick Wofford and Will Maupin asked if there were provisions in the plans for the non-conforming businesses. Andrea Spencer responded that existing businesses are grandfathered in. Adam Brockus emphasized that this is the third attempt to form a Manette Sub Area Plan and that the residents participated in this process; and hoped that Council would support the Citizen's Plan. 07:20:17 A -M/S/C/U (Brockus/Runyon) Move to amend Ordinance No. 5082 to include Alternate Exhibit A and Alternate Exhibit B. 07:20:43 A -M (Shepherd/ ) Move to remand the Citizen's Plan to the Planning Commission for a period not to exceed 60 days to address 1) the buffer transition area at the edge of the LOR Zoning Map 2) the bridge end 3) open space and 4) not converting non-conforming businesses to compliant. Amending Motion died due to a lack of second. 07:22:02 M/S/C (Wofford/Maupin) Move to pass Ordinance No. 5082 to amend the Comprehensive Plan to include the Manette Neighborhood Center Sub-Area Plan and amend BMC Section 20.80 to active the Sub Area Plan as amended. Voted in favor of Motion: Maupin, Wofford, Gehring, Brockus, Runyon, Robinson, McConnell Voted opposed to Motion: Shepherd Main Motion carried: 7-Yes; 1- No President McConnell recessed the meeting at 7:21PM and reconvened at 7:32 PM... City Council Reg. Mtg. Minutes Wednesday, June 3, 2009 Page 6 of 8 7:32:53 Amending Motion was made and discussion continued... Bub Pratt asked for clarification on whether the whole plan or part of the plan is going back to the Planning Commission for review? ROCler Lubovich answered that the plan has been approved, but staff would address the other areas as outlined in the motion. Jordv Andrew supported this process since it would allow continued involvement from the community in that staff's recommendations would then be reviewed by the Planning Commission. Mike Shepherd encouraged people to sign in at tonight's meeting or contact the Planning Department if you wish to participate during the process or wish to be notified when this matter returns for Council consideration; and expressed his appreciation to planning staff. Adam Brockus asked if staff still has the mailing list from the public meetings. Ms. Sehmel c;lnSwe[eq yft$,JbQl~he willqe.using the. current list and. i!a~Y9~e wish~sto. .~e added, to~o,:,tact ~er. 07:~7:26 A-M/S/C/U (Brockus/Shepherd) Related to the Manette Sub Area Plan, move to authorize City Staff to develop recommendations to the City Council: · rights of way configuration related to the new bridge landing · parks and open space creation; and · buffer zones around the MCC GENERAL BUSINESS 7 A - APPROVING A PLAN IN RESPONSE TO THE VACANCY OF CITY OF BREMERTON MAYOR'S SEAT (#AB09-136): ,. ...There were no commentsfromthepublic;-;." 07:38:55 Motion to reduce Mayor's salary was made and discussion continued... Rov Runvon stated that a reduction would be timely given the status of the City's finances. Roger Lubovich emphasized that the Mayor's salary can not be reduced during a term of office and must be done by ordinance. Brad Gehring agreed this was a good idea but believed that this is not the appropriate time. Will Maupin agreed with the opinion of legal counsel and was concerned that this move would be done during election season. Mike Shepherd encouraged Council Members to address this issue. Cecil McConnell added that the current filing fee is based on the current salary; then asked what the impact on the elections process be? Ken Bagwell, Assistant City Attorney, answered that the individual who is elected would be completing the remainder of the unexpired term through 2009 and the filing fee applies to the salary as set in that term, so there would be no impact. Any change in salary, if approved, would not be effective until January 1, 2010. Rov Runyon asked for clarification on when the appointed and elected mayor would take office. Ken BaQwell responded that the individual who is appointed would become mayor effective June 6 and the individual who is elected would be sworn in after election results are certified in November. 07:47:02 M/S/F (Shepherd/Runyon) Move to reduce the Mayor's salary by $20,000. Voted in favor of Motion: Runyon, Shepherd, Robinson Voted opposed to Motion: Gehring, Brockus, Maupin, Wofford, McConnell Motion Failed: 3-Yes; 5-No City Council Reg. Mtg. Minutes Wednesday, June 3, 2009 Page 7 of 8 07:47:50 Motion was made and discussion continued... Mike Shepherd asked if Cecil assumed mayoral duties, would this have any financial impact. Cecil McConnell answered that he would be donating his time as Mayor Pro Tem and there would be no financial impact. Will Maupin did not want to lose Cecil on Council; expressed concerns about appointing Cecil as Interim Mayor; and appreciated his generosity. Rov Runvon did not agree with allowing the Mayor Pro Tem serving for 6 months and that this is not the intent of the Charter; and expressed concerns about the separation of mayor and council powers. Brad GehrinQ expressed concerns about disrupting the continuity of government and supported placing someone in office that can get the job done and ease the transition process. __. :~..,_.u_.___.._~:_._'_ .....,__._ _.. __~ _. .__. __ _ __ '~"___~'_' H____.. __u_ _;-__._ ___~ _."__'__,,_, __.. ._.. _,_ __. "._ ,,_ .... _ ._..__ ___..n __.,___'.'_'_" .._~ _.~ ... _ .__~...~. ______,__._ ... _, _._ _,._ Adam Brockus supported appointing Cecil as Interim May~r. Nick Wofford stated that if the City were to go through a selection process, the Mayor Pro Tem would act as Mayor until that selection takes place. Dianne Robinson wishes to follow the provisions in the Charter and would support the interim mayor option. Cecil McConnell asked if he reconsidered the interim mayor option, what then. Ken BaQwell stated that if he chose to remove that option then the other remaining option would be to proceed with a selection process. .. __ _. e___. '__'__'-~_'__~___'_'__ ._.~__u__.*___'_ oiE67:4s'rvllS/C'(MauplrJiWofford) Move to authorize Cecil McConnell, acting in his capacity as City Council President and Mayor Pro Tem, to fulfill the responsibilities of Mayor of the City of Bremerton until such time as the City of Bremerton's 2009 Mayoral election results are certified. Voted in favor of Motion: Shepherd, Maupin, Wofford, Gehring, McConnell Voted opposed to Motion: Brockus, Runyon, Robinson Motion carried: 5-Yes; 3-No COUNCIL MEMBER REPORTS Brad GehrinQ was pleased that Marcia Marx of Edward Jones is a tenant in the Tim Ryan Building; and encouraged people to participate in the Arts Walk and related performing arts events. Adam Brockus thanked all of the neighbors who participated in the sub area planning process and for those who attended tonight. Rov Runvon commented on the very successful Kitsap Harbor Festival and estimated that 5,000 visitors were in attendance. Mike Shepherd reported on the Kitsap Cruz event and was pleased with an amazing number of cars that were parked downtown; and added that the Food Co-op is seeking USDA approval which may result in new products coming soon to the Bremerton Farmer's Market at Evergreen Park. Dianne Robinson attended a work session regarding K-12 education headed by Representative Larry Seaquist and hoped that by fall that legislation may be prepared. Groups that made presentations on community issues included Kitsap Community Resources, Work Source Development Center, Washington Cash, and American Financial Solutions, Peninsula Community Services; and announced that Anderson Cove will be hosting a 4th of July Party and more information is coming. City Council Reg. Mtg. Minutes Wednesday, June 3, 2009 Page 8 of 8 Will Maupin reported on recent Kitsap Regional Coordinating Council meetings he attended and that Countywide Planning Policies were discussed; believed that if agreement could be reached, much progress could be made; and received results on project scoring and $3 million for Pacific Avenue improvements; thanked City Engineer Mike Mecham for his testimony that allowed the City to make the funding list. Nick Wofford was pleased with his recent trip to Egypt; and hoped Council Member Carol Arends returns soon. With no further business, President McConnell adjourned the Council Meeting at 8:27 PM. Prepared and Submitted by: ".--~~:'.JL~"'- CHRISTINE GRENIER ..... Council Assistant Attest: CAROL ETGEN, City Clerk CECIL McCONNELL, City Council President CM:CE:ls:cg DA TE SUBMITTED: AGENDA BILL CITY OF BREMER TON CITY COUNCIL 5C. ......................................................................................., SUBJECT: City Council Meeting Minutes for meeting of r\..me... 10 S-tuJ't S.e.S s ,'0 VI Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: N/A ::rvVJ e.. 17 2-00 ~ . . I CIty CouncIl Cecil McConnell Council President (360) 473-5280 Phone: SUMMARY: Attached is a summary of the City Council Meeting held .rv\')E... l oJ 2...oocr A TT ACHMENTS: Meeting Minutes for ~ v V'\ ~ ( 0 / 2.009 FISCAL IMP ACTS (In~lude B_udge~~dAP:l9unt): N/A _-. c'.. "___.. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: Council President N/A N/A N/A COMMITTEE CHAIR COUNCIL PRESIDENT: N/A ~'J;;7:'~ctl CONSENT AGENDA ~ GENERAL BUSINESS 0 PUBLIC HEARING 0 RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: D Approve 0 Deny D Table o Continue 0 No Action DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES Wednesday, June 10,2009 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Conference Room 603, of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, Wednesday, June 10, 2009, at 5:00 PM, with Council President Cecil McConnell presiding. Council Members present were Nick Wofford, Will Maupin, Dianne Robinson, Mike Shepherd, Roy Runyon, Adam Brockus, and Brad Gehring. Council Member Carol Arends was absent. Legislative Assistant Lori Smith was present to provide staff support. President McConnell emphasized that the Study Session was open to the public, however there would be no opportunities for input or participation; that no action will be taken, and the content of these items is subject to change. A. NO DISCUSSION ITEMS 1. Appointment of John Larson and Elizabeth "Sunny" Wheeler to the Parks & Recreation Commission - Will Maupin, Public Safety; Parks, & Planning Committee Consent Agenda 2. Reappointment of Kirk Leaf to the Design Review Board - Will Maupin, Public Safety, Parks, & Planning Committee Chair Consent Agenda 3. Approve 2009 Edward Byrne Memorial Justice Assistance Grant (JAG) Application - Police Chief Craig Rogers; and Will Maupin, Public Safety, Parks, & Planning Committee Chair PH 4. Replacement of Vactor Truck from OWEN MACHINERY of Portland, Oregon - Jim Orton, Fleet Manager; and Brad Gehring, Public Works Committee Chair Consent Agenda 5. Contract Award for Construction of Jackson Park Water Main to SECO LLC of Olympia, Washington - Phil Williams, Director of Public Works & Utilities; and Brad Gehring, Public Works Committee Chair Consent Agenda . 6. Memorandum of Agreement with Kitsap County Rural Library District d/b/a Kitsap Regional Library - Phil Williams, Director of Public Works & Utilities; and Brad Gehring, Public Works Committee Chair Consent Agenda B. FULL DISCUSSION ITEMS 7. Proposed Resolution adopting the Bremerton Community School of the Future, Co-Location Project Study - Lindsey Sehmel, Community Development; and Will Maupin, Public Safety, Parks, & Planning Committee Chair General Business 8. Proposed First Amendment to Agreement with RED FLUX TRAFFIC SYSTEMS, INC. for Photo Enforcement Services - Nick Wofford, Finance Committee Chair General Business / 9. Contract Award for Construction of Pacific Avenue Basin Stdrmwater Collection System to PAPE AND SONS CONSTRUCTION - Phil Williams, Director of Public Works & Utilities; and Brad Gehring, Public Works Committee Chair [This item was pulled down from "Non Discussion] Consent Agenda 10. Real Estate Purchase and Sale Agreement with Regneld Robinson and Robert Maesner for 1118 Charleston Beach Road - Phil Williams, Director of Public Works & Utilities; and Brad Gehring, Public Works Committee Chair [This item was pulled down from "Non Discussion] Item may be pulled... 11. Power Point@ Presentation on Results of the "2009 Homeless Count" - Marie Vila, CDBG Administrator; and Phedra Elliott, CDBG Coordinator (Information only...) City Council Study Session Minutes Wednesday, June 10, 2009 Page 2 of 2 12. Briefing on Golf Course Refinancing - Nick Wofford, Finance Committee Chair (Information only.. .) 13. Briefing on Local Revitalization Financing - Roger Lubovich, City Attorney; and Nick Wofford, Finance Committee Chair (Information only.. . Handouts were provided) C. GENERAL COUNCIL BUSINESS A brief discussion was held to determine support for continuing scheduling a Special Meeting on the Transportation Benefit District next week on June 17, 2009...lt was decided that the Council would move forward. . . D. ADJOURN STUDY SESSION President McConnell adjourned the Study Session at 7: 15 PM. - -- E. TRANSPORATION BENEFIT DISTRICT (TBD) WORK SESSION Proposed Charter; By La'lIs; and Resolution to approve the ByLaws for tho Bromorton Transportation District Kon Bagwoll, ^ssistant City .^.ttorney TBD Work Session was not held... Prepared and Submitted by: ~) LORI SMITH '--' Legislative Assistant Attest: CAROL ETGEN, City Clerk CECIL McCONNELL, City Council President CM:CE:ls:cg DATE SUBMITTED: June 1,2009 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5D ........................................................................................ SUBJECT: Appointments to the Parks & Recreation Commission :TohVi L~'0sc>V) G I~za.b-e.-~ {,Jhee\~ Committee Meeting Date: J'"Vf\<(. .10 COUNCIL MEETING Date: ::J u V1 ~ f 7 Department: Executive Presenter: J>5 P P ~ 'f Phone: 473-5266 SUMMARY: There are two vacancies on the Parks and Recreation Commission (Doug Groneman's term expired and William North resigned). It is recommended the vacancies be filled by John Larson and Elizabeth "Sunny" Wheeler. ATTACHMENTS: Applications for reappointment available in the Mayor's office. FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: CONSENT AGENDA ~ GENERAL BUSINESS 0 PUBLIC HEARING 0 COMMITTEE CHAIR COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to confirm the appointments of John Larson and Elizabeth "Sunny" Wheeler to the Parks and Recreation Commissi?n. " ,~~' I COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action DATE SUBMITTED: June 4, 2009 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5E ....................~................................................................... SUBJECT: Reappointment to the Oes~V\ ReVievJ bOCl,d K,rk. L€cL ~ Committee Meeting Date: 3"uVl€ \0, 2-0 ocr COUNCIL MEETING Date: .::r v Y\ ~ 17,' ")-00 q Department: Executive Presenter: Mayor Bozeman Phone: 473-5266 SUMMARY: Kirk Leaf's term on the Design Review Board expired in February. It is recommended he be reappointed to a four-year term. ATTACHMENTS: Application for reappointment available in the Mayor's office. FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: -~ ~ -, ~L;j CONSENT AGENDA~ GENERAL BUSINESS D PUBLIC HEARING D RECOMMENDED MOTION: Move to confirm the reappointment of Kirk Leaf to the Design Review Board. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action . DATE SUBMITTED: AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5F ........................................................................................ SUBJECT: Replacement of Vactor truck Committee Meeting Date: June 10, 2009 COUNCIL MEETING Date: June 17, 2009 Department: PW &U Presenter: Jim Orton, Fleet Mgr Phone: 5359 SUMMARY: The approved 2009 ERR budget shows replacement of a Vactor truck. The current truck is a 1996 International 2574 with a 2100 series Vactor. The replacement will be a 2008 International 7600 with a 2110 series Vactor purchased off an authorized contract through WSDOT. The total cost is $342,370.19 including sales tax. The authorized dealer for Vactor is Owen Machinery of Portland, Oregon. This replacement is fully funded through the ERR 510 fund. ATTACHMENTS: Bid from Owen Machinery/WSDOT Contract Pricing FISCAL IMPACTS (Include Budgeted Amount): Vehicle replacement is fully funded through the ERR 510 fund. APPROVALS: DEPARTMENT DlRECTO CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: ~~~. CONSENT AGENDA ~ GENERAL BUSINESS 0 PUBLIC HEARING 0 COMMITTEE CHAIR COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to approve the purchase of one Vactor truck per WSDOT contract and pricing from Owen Machinery of Portland Ore. In the amount of $342,370.19 COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action WSDOT TRUCK CATCH BASIN CLEANER CONTRACT 07005 CUSTOMER: Contact Name Address City/State/Zip Phone# / Fax # Sales Representative Qty OPT # ..- Genel'C1 Specifications (See Bid Specs for More Detail) Bremerton . . Jim Orton 100 Oyster BQY Ave. N . Bremerton, WA. 98312 . (360) 473-5359 DQve Armstrong DQve Armstrong DESCRIPTION Date: As of 1/1/09 5/11/2009 Ext VQctor 2110 J6 (Base Bid Price) $ 268,264.00 $ 268,264.00 Options to Deduct (Included In Price) 0 100lA FIQt ReQr Door w Hydraulic Locks and Open/Close $ (4,610.00) 0 1003 Debris Body Flush Out $ (1,010.00) 1 1007 6" Butterfly Valve/ReQr Door $ (797.00) $ (797.00) 0 1014 Centrifugal SepQrator $ (2,866.00) 0 1015 Folding Pipe Rack - Curbside $ (702.00) 0 1015A Folding Pipe Rack - Street Side $ (702.00) 0 1022 SplQsh Shield Rear Door $ (531.00) 0 2002 Low Water Warning Light $ 220.00 3003C Two Stage 1.6 John Deere Auxiliary Engine with Fluid Coupler (Use this deduction if a single fan is requested. Do not deduct if ordering Q PD. See adjustment for PD unit in Other 0 Annitions/l"'l"nllctions section below) $ (10,938.00) 4004 8 ft Hydraulic Telescopic Boom with 180 degree rotation (Use this only if the customer wants a fixed boom only. Do not deduct if ordering the 5x5 Boom. See adjustment for 5x5 Boom in Other 0 Additions/J')p.nuctions nricino sp.ction below) $ (9,500.00) 0 4006 Joystick Boom Control $ (555.00) 0 5011 3" Y Strainer at Water Pump $ (428.00) 0 5015 Front Street Side & Curbside Couplers & Ball Valves $ (563.00) 6000 300 x 11/4" Sewer Hose / 2500psi (After deducting this make 1 sure to add back hose reouired below) $ (1,380.00) $ (1,380.00) 1 6004D Rear Pinch Roller Only $ (1,414.00) $ (1,414.00) 1 6008 Hose Reel Manual Rewind $ (348.00) $ (348.00) 0 6011 Handgun Hose Reel - Spring Retractable with 50' Hose $ (866.00) Vactor 2110 J6 / International Chassis Model 7600-6x4 10 Yard Debris Body 1,000 Gallons Water Capacity Two StQge 1.6 John Deere Auxiliary Engine with Fluid Coupler Vactor Water Pump (80gpm @ 2,500psi) Hydraulic Hose Reel with 300' of 11/4" Sewer Hose HQndgun System 20 Cubic Feet of Toolboxes 6" Butterfly Valve/Rear Door Vactor 2110J6 1 OF 5 WSDOT TRUCK CATCH BASIN CLEANER CONTRACT 07005 6014 Telescoping Rotating Hose Reel Capacity 600xl" Sewer Hose (Use this only if the customer requests the standard Hydraulic non telecoping 600' hose reel. Do not deduct if ordering the 800' Telescoping Rotating Hose Reel. See the Vactor Options To Add 0 c:"',.+;^'" h",l^u, \ $ (7,995.00) 0 6017 Hydraulic Shut Off Valves at Suction, Return, Filter Line (3) $ (533.00) 0 7001 Tachometer for Chassis at Front Workstation $ (464.00) 0 8002 Handlight With Bumper Plug $ (260.00) 1 8008 Brackets and Wiring for Revolving Light or Strobe (Rear) $ (290.00) $ (290.00) 1 8008A Brackets and Wiring for Revolving Light or Strobe (Front) $ (290.00) $ (290.00) 0 8011 Worklights on Ext/Tele Boom $ (548.00) 0 8012 Additional Connector for Hand Light - rear \ $ (86.00) 0 9012A 24x18x18 Aluminum Tool Box $ (564.00) 1 9014A 36x18x18 Aluminum Tool Box $ (661.00) $ (661.00) 0 Pll1 Module - Centari (Primer Base) Paint $ (1,055.00) 0 5040 #10 5torm Nozzle $ (190.00) 0 25268F 8" x 42" CB Tube $ (174.00) 1 34766 6" x 7' CB Tube $ (311.00) $ (311.00) 0 5370 8" x 3' Aluminum Pipe Assembly $ (95.00) 1 5420 6" Quick Clamp Assembly $ (32.00) $ (32.00) 1 S440 8" X 6" Flanged Adapter $ (120.00) $ (120.00) 0 S470 Additional 15 ft of 6" Lay Flat Hose $ (115.00) 1 S540A Catch Basin Handle Assembly 6" $ (120.00) $ (120.00) 0 5540 Catch Basin Handle Assembly 8" $ (120.00) 1 34766B 6" x 3' CB Tube $ (105.00) $ (105.00) 1 S350A -. - -- 6" x3' Fluidizer Tube-- . ,- - ~ - -.. $--- - (105.00) $. d (105.00) 0 69592 Laminated Lube Chart $ (27.00) 0 NPN Water Pump Overspeed Warning Light $ (348.00) 0 66855A Back Flush Quick Disconnect $ (264.00) 1 NPN 6" ID Stand in Debris Pipe $ (437.00) $ (437.00) 0 NPN 6" Air Gap $ (164.00) 0 International Cab & Chassis $ (106,250.00) TOTAL DEDUCTIONS $ (6,410.00) VACTOR OPTIONS TO ADD/DEDUCT 1009A External Mount Trash Pump with Float Pickup Arm Rated @ 0 450QPm $ 10,210.00 0 1000 High Dump Option $ 13,845.00 1 1004 Debris Body Load Limit Audible Alarm $ 1,800.00 $ 1,800.00 1 NPN 12 Cubic Yard Debris Body $ 4,750.00 $ 4,750.00 0 NPN 15 Cubic Yard Debris Body $ 10,921.00 0 NPN Load Man Digital Scale System $ 8,405.00 1 1031 Debris Body Hinged Deflector Plate Assembly $ 280.00 $ 280.00 0 2006 Cold Weather Air Purge System $ 1,886.00 1 5023 Fan Flush Out System (Centrifugal Compressor Units Only) $ 433.00 $ 433.00 0 6013 Hydraulic Tool Package $ 1,277.00 0 6014B Extra Capacity Hose Reel (800') $ 3,780.00 8015 Worklight at Auxiliary Engine (Centrifugal Compressor Units Only) 0 $ 380.00 Vactor 2110J6 2 OF 5 WSDOT TRUCK CATCH BASIN CLEANER CONTRACT 07005 0 1013 Debris Body Interconnect - Additional Water Capacity $ 2,096.00 1 6019 Rear Rodder Pump Drain Valves $ 422.00 $ 422.00 0 NPN 36x18x18 Toolbox $ 845.00 1 90l5A 45x16x12 Toolbox $ 918.00 $ 918.00 90l6A Full Width Behind the Cab Toolbox (Consult with Factory before 0 orderina) $ 2,165.00 0 8020A Whelen - 6 Head Strobe Light System $ 4,952.00 0 4011 Cordless Remote Pendant Control for Boom Operations $ 4,045.00 1 2012 Chassis Side Skirts $ 538.00 $ 538.00 1 6004A Automatic Hose Level Wind Guide $ 4,402.00 $ 4,402.00 0 6012 Lateral Line Cleaning Hose Assembly $ 2,713.00 1 1024 Fan Vacuum Relief System $ 2,275.00 $ 2,275.00 1 1023 Vactor Lube Manifolds $ 1,980.00 $ 1,980.00 0 2016 1300 Gallons Fresh Water Supply $ 2,465.00 1 2010 3" Drain Valve Located @ Rodder Pump $ 370.00 $ 370.00 3008 ' Air Shift Engagements for Positive Displacement Blower Units 0 $ 1,615.00 0 3015 Hot Shift Engagement for Positive Displacement Blower Units $ 4,740.00 0 5012 Multi-Flow Rodder Pump System $ 4,900.00 5021 Hydro Excavator System With High Pressure Relief System 0 Requires Part # 5012 Multiflow and #5010 Accumulator) $ 5,030.00 1 5010 Accumulator System for Water System $ 2,413.00 $ 2,413.00 1 6002 600' x 1" Sewer Hose (Parker) $ 850.00 $ 850.00 0 6003 800' x 1" Sewer Hose $ 1,670.00 TOTAL ADDITIONS- ... <"-,. - --- - ---- '0' + -^--" $' '21';431.00 OTHER ADDITIONS / DEDUCTIm-J PRICING 0 To convert to 5 Yard Debris Body $ (2,000.00) 0 For 18" PD Blower in lieu of Two Stage Fan System $ (2,406.00) 0 For 16" PD Blower in lieu of Two Stage Fan System $ (4,503.00) 0 Rear Mounted Chute $ 3,208.00 0 Vac on the Go Levell $ 955.00 1 Vac on the Go Level 2 $ 2,578.00 $ 2,578.00 1 Additional 500 Gallons Water Capacity (Total of 1,500) $ 3,547.00 $ 3,547.00 0 Delete Entire High Pressure Rodding/Water System $ (15,836.00) 0 Hose Reel Shield $ 975.00 0 Boom to Reach 24' From Centerline of Truck (5x5 Boom) $ 8,990.00 0 Hendrickson Pusher Axle w 13,500 Rating $ 9,208.00 0 Watson-Chalin Pusher Axle w 13,500 Rating $ 7,380.00 0 Hendrickson Tag Axle w 13,500 Rating $ 9,208.00 0 Watson-Chalin Tag Axle w 13,500 Rating $ 7,380.00 0 Power Windows and Door Locks for Chassis $ 252.00 Integral Front Frame Extension (If Required for Hose Reel 1 Mountina) $ 263.00 $ 263.00 0 300' of 1" Sewer Hose in lieu of 11/4" hose $ 666.00 Whisker Switch - Over Weight Debris Warning System with Light 0 & Audible Alarm $ 1,615.00 Vactor 2110J6 3 OF 5 WSDOT TRUCK CATCH BASIN CLEANER CONTRACT 07005 Load Man On Board Scale System - Over Weight Debris Warning 0 Svstem with Liaht & Audible Alarm $ 8,160.00 0 CB Radio Package $ 187.00 0 Autocar WX64 - Cab Over Low Cab Entry Chassis $ 121,467.00 0 Volvo VHD65F- Cab Over Low Cab Entry Chassis $ 105,237.00 0 ISM 370 Cummins Engine $ (1,202.00) Fuller 18 Speed Manual Transmission with Easy Brake Plus Clutch 0 and Two Piece Clutch Brake $ (8,761.00) 0 Fuller Auto Shift Transmission 18 Speed $ (4,528.00) 0 Fuller Auto Shift Transmission 10 Speed $ (5,980.00) 0 5390 8"X7.5' Aluminum tube assy. $ 165.00 $ 165.00 2 1008 6" rear door knife valve with camlock $ 1,185.00 $ 2,370.00 2 9023 Front/Rear safety cone rack $ 140.00 $ 280.00 1 1009D Full swing decant screen $ 685.00 $ 685.00 1 NPN2 Hydraulic operated 6" rear door knife valve @ middle center $ 2,323.00 $ 2,323.00 1 9002 Tow hooks front $ 320.00 $ 320.00 1 9002A Tow hooks rear $ 220.00 $ 220.00 1 7003 Engine safety switch $ 1,105.00 $ 1,105.00 1 800tE LED split arrow traffic controller $ 1,405.00 $ 1,405.00 1 NPN1 Hydraulic debris body vibrator $ 2,100.00 $ 2,100.00 2 5380 8"X5' Aluminum pipe assy $ 155.00 $ 310.00 1 8007B Front cab strobe $ 955.00 $ 955.00 1 8007C Rear mounted strobe $ 955.00 $ 955.00 1 8026 Light Package $ 2,810.00 $ 2,810.00 1 Line drawing of truck & as built electrical schematics $ - $ - 1 - '-"-- - - ..-- . Radio mount'area to have + 12Vignition sense in headliner -- -. . - $ - $ .-. - 6 S410 8" Quick clamp assy $ 55.00 $ 330.00 Maximum Wheel Base 234" 1 6016A Rotating telescopic 1000' hose reel $ 7,303.00 $ 7,303.00 Set Back Front Axle to make truck short as poss. With best turn radias 1 9015B Toolbox 18 x 36 x 29 $ 816.00 $ 816.00 1 1030 debris body inspection portal $ 1,133.00 $ 1,133.00 0 $ - 0 $ - 0 $ - TOTAL OTHER ADDITIONS/DEDUCTIONS $ 31,973.00 Total Revised Price $ 315,258.00 Sales Tax @ 8.6~o $ 27,112.19 $ 342,370.19 IH Chassis Price And Components Will Increase Effective September 1, 2009 Delivery time frame per contract is 180 - 240 days after receipt of order Vactor 2110J6 4 OF 5 WSDOT TRUCK CATCH BASIN CLEANER CONTRACT 07005 If non stock chassis is ordered delivery is 6 months after receipt of chassis at Vactor Mfg. Customer Approval Sales Representative Approval Vactor 2110J6 5 OF 5 Date Date DATE SUBMITTED: June 3, 2009 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5G ........................................................................................ SUBJECT: Contract Award for Construction of Jackson Park Water Main to SECO LLC of Olympia, Washington. Committee Meeting Date: June 10, 2009 COUNCIL MEETING Date: June 17,2009 Department: PW &U Engineering Presenter: Michael Mecham Phone: 473-5288 SUMMARY: Sealed bids for construction of the project titled "Jackson Park Water Main" were opened on June 2, 2009. The engineer's estimate for this project is $300,000. Ten (10) bids were received for this project. SECO LLC was the lowest responsive, responsible bidder with a bid of $179,170.18 (including sales tax). ATTACHMENTS: 1.) Council Summary, 2.) Map, 3.) Bid Tabulation, 4) Bid Proposal of Lowest Bidder and 5) Proposed Contract. FISCAL IMPACTS: The project is funded by the Water Utility Fund. The engineer's estimate for construction was $300,000. The 2009 budget for this project is $335,000. Based on the construction bid amount, total expenditures for this pro{ect are estimated at $230,000. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA GENERAL BUSINESS 0 PUBLIC HEARING 0 RECOMMENDED MOTION: Move to award a contract in the amount of$179,170.18 (including sales tax) to SECO LLC for construction of the project titled "Jackson Park Water Main" and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action COUNCIL SUMMARY AWARD OF CONSTRUCTION CONTRACT TO SECO LLC FOR THE PROJECT JACKSON PARK WATER MAIN Summary This project will install approximately 1875 lineal feet of 12" ductile iron water main in Jackson Park Housing Complex to provide a loop in the West 256 water pressure zone and provide a redundant source of water supply to Reservoir No. 21. This enhancement of water supply is necessary to ensure uninterrupted water supply to the north end of the City during periods of high water demand. The lowest, responsible bidder for this contract was SECO LLC in the amount of $179,170.18. Fiscal Summary This project is being funded by the City Water Utility Fund. The amount budgeted for this project in 2009 is $335,000. The construction bid was lower than anticipated. The bidding climate is extremely competitive at this time. Total project expenditures are estimated to be $230,000, appr9ximately $1 00,000 les~ than th~ amountbudg~ted fqr the project in 20.09.. . elly of Bremer/on June 2009 /,/,--/ "--~ ~ JACKSON PARK HOUSING COMPLEX ~ ~ OSFR/C// LlAY ~ ~~ * 12" DUCTILE IRON WATER MAIN 1875 LINEAL FEET ~~. -------- <> ~ ~~ ~~ ~ NO. REVISIONS IlE5COIP11ON "'TE "" :~~~~~;~f~~;C~~.~1 CITY OF BREMERTON DEPARTMENT OF PUBLIC WORKS & unLlnES ENGINEERING DIVISION .JACKSON PARK WATER MAIN SCALE DItMlNG NO. DftMIN Br. 1H "'TE~ OESlONrl'f: .., ~ P.t. , .,.lSll ~TE.l,M CHECKED Ir'l'. nc MSH. P.E.' .JOl.f.J Di'lt: Jjl>> SITE PLAN ., " HQJlC IV.... 'iIoH! 'V'A CITY OF BREMERTON BID TABULATION BID Jackson Park Watermain Project OPENED I Carol Etgen TITLE: BY: DATE June 2, 2009 I TIME I 2:00 PM I RECORDED I Bill Davis OPENED: OPENED: BY: NAME OF BIDDER BOND BID SALES TOTAL TAX LL/M ~ ,tJ1/(h'&1 V /8:-; 5{):3.. 5V 20? (;,2-8,.80 - .::> 17t /hct t:"'XI A V4-~/1.') / 11C; 909. s-D 2/T "lo/~ .-1 Z S !?f$) L-L C- ) ~ -/101 9 ;'5- / :f-9 //.7-0 to' /8 ~ 81, .~()unA IXI a.Vc<.7Sen ~ /t; S/. S 89 ~ o-~ " '. . / 7-9 ro I Z * r- L 1.1 II G .A, V , crO 2=52-, ~8>. ,m 2.:>2 3 -:}-t) . lilY T" ~v2-1 ..if'YJ - 'w {it..if11tll1 Bell J v , . .~. ' 0 1 c; y8 " 237-. 'I1-b. 5'V 2- r, u '1", (' J rr fJhL fJ' / , 2S-1/82-?., 83 ..//4 70r,,' , .oIf vt.i 1'\41 Z.31 RB ~f. .~ ~i ~ ~stnIC.fj), ~ ~z2J, ~1-5 b . 2-S- 2 LIt z s S-. ~:.?- f'A/)t- -<t ~~ ~ / l~/ J S-'I. vV /9/ '305.. 2> Lt/" f) .~ ~ ParIN~ ~ ~ liS: 2'1f)~ 6V 2ll,17/~ s-r . . ..,.- / / .. .. ....._-_..~-- SUMMARY APPARENT LOW BIDDER Engi#e~ Estir:nate: .__ ~ SEC.w LLC ,-:.; 00 . 0 c) 0 SECOND LOW BIDDER ./ ,5D (.1)7(1 EXLAVccii'cSh THIRD LOW BIDDER ffl,k 4. s: 6">1..5" I l'UVV...J JI L..t.)1 L.VVU ":t:...JoJ. ~JV t""1'1 t't"\.Uc. \.J/VV.J l <1.)1. '::>1::'1 Vl::'l' ~z-((') --~c-- (Contractor name) ~J~~ .2009 (Date) DID PROPOSAL CITY OF BREMERTON - JACKSON PARK WATER MAIN Description of Item Estimated Unit Unit Price ($) Extended Item Refer Amount ($) # to Quantity (dollars and (doll.s and cents) Spec. cents) 1 1-05.4 Licensed Surveying 1 L.S. /<,(3o,ou /67)(\, OJ 2 1-09.6 Force Account" 1 L.S. 20,000.00 20,000 3 1-09.7 Mobilization 1 . L.S. .~/O().cJO ~J/;() 60 4 HO.5 Project Temporary Traffic 1 L.S. Control ~ lft.,\c). (,\ 0 ,~y tJeJ, oc) 5 2-02.5 Removal ot Structure and 1 L.S. Obstruction .~ 8/'., () . DO :.:S if /. r1 , 00 6 4-04.5 Crushed Surfacing Top 310 C.Y. Course ~ 1\0 'i?< /(). () 6 7 5-04.5 HMA CI. 1/2-inch PG 64/22 270 Tons ) IF> U. n0 ~J ::< 2/\ ^ /)/). 8 7-09.5 Ductile Iron Pipe For Water 1875 L.F. Main, 12 In. Diam. y"),G I 5~ .s-i J. 7 i- 9 7-09.5 . Abandon Existing Main 2 Each J 'i'.J...-/ . () (J ,] (,-::>Y. L.IO 10 7-09.5 Blowolt Assembly, 2-inch 1 Each ) I.J )/. () 0 JyS/ dO 11 .. 7-09'~n J31Q_wOft Assembly, ~incb . .. L . Each ~I ylJ AO- . c9/ ?'7; ero . 12 7-09.5 Shoring or Extra 9375 S.F. CJ.]'7.5-0 Excavation Trench , / () 13 7-09.5 Connection to Existing 2 Each Main 89 7, ,~U J7C;~ 00 14 7-12.5 Combination Air 1 Each Release/Air Vacuum Valve Assembly 2 In. .:] 2 q c'';'--' ('x '\ ,:) ,:?q S- bO 15 8-14.5 Cemen1 Concrete 6 S.Y. ( OS~/~0 Sidewalk < c7D. c0 16 8-01.5 ErosionlWater Pollution 1 L.S. 5,000.00 5,000.00 Control 17 8-02.5 Hydroseeding 2750 S.Y. 5- )'~ 17 . Son ' .~ SUBTOTAL $ ; (tJ4 CfP/. 7'-;- SALES TAX @ 8.6%** $ I I S,f J-f <, JLJ TOTAL BID $ )')q )'//) / .? I", Notes: ~ Account shall be executed per 1-09.6 and by written approval of the Engineer only. .. Tax Rule 170 applies to this project. See Special Provision 1-07.2(3). City of Bremer/on .k1ckson Park Water M:ilin BF-6 May 2009 Addendum #1 CONTRACT (page 1 of 3) THIS AGREEMENT is dated the day of and between City of Bremerton (hereinafter called CITY) and in the year 2009 by (hereinafter called CONTRACTOR). CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK. CONTRACTOR shall complete the WORK as specified or indicated in the CITY's Contract Documents entitled Jackson Park Water Main ARTICLE 2. CONTRACT TIMES. The WORK shall be completed within 75 calendar days from the commencement date stated in the Notice to Proceed. Time is of the essence as to each and every deadline set forth in this agreement. This provision has been specifically negotiated. ARTICLE 3. LIQUIDATED DAMAGES. CITY and the CONTRACTOR recognize that time is of the essence of this Agreement and that the CITY will suffer financial loss if the WORK is not completed within the time specified in Article 2 herein" plus any extensions thereof allowed in accordance with Section 1-08.8 of the Standard Specifications which -may be modified by the Special Provisions. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the CITY if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the CONTRACTOR shall pay the CITY liquidated damages for each day that expires after the time specified in Article 2 herein and Special Provision 1-08.5 for Substantial Completion and Final Completion of the WORK in accordance with Section 1-08.9 of the Standard Specifications as may be modified by the Special Provisions. ARTICLE 4. CONTRACT PRICE. CITY shall pay CONTRACTOR for completion of the WORK in accordance with the Contract Documents in the amount set forth in the Bid Proposal, which shall include sales tax as provided in Section 1-07.2(2) of the Special Provisions. ARTICLE 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Section 1-09.9 of the Standard Specifications which may be modified by the Special Provisions.. Applications for Payment will be processed by ENGINEER as provided in the Special Provisions Contractor Initials City of Bremerton Jackson Park Water Main CF-1 May 2009 CONTRACT (page 2 of 3) -~ ~"........-...~.......~-----_. "._....,-,-""-- ~-..-~-,*_.-....,- ~._,_.......,.,.--........_....' ....,.~~-,-~-....~...~_. '...--........-..--_......-.....~, -.-.-...-_~-->..,. ''',"_.,,-~-- .,-- ..---.,,--._...~--<> -~,...._---~~".--,~~'.......-~_....__...__..... ARTICLE 6. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between CITY and CONTRACTOR concerning the WORK consist of this Contract (pages Contract-1 to Contract-7, inclusive) and the following attachments to this Contract: o Notice Inviting Bids, o Bidders Checklist, o Bid Proposal including the Proposal Forms, Information Required of Bidder, Bid Bond, and all required certificates and affidavits, o Performance Bond, o Payment Bond, o Standard Specifications, o Special Provisions, o Contract Plans, o Addenda numbers _ to _, inclusive. o Change Orders which may be delivered or issued after Effective Date of the Agreement and are not attached hereto: - There are no Contract Documents other than those listed in this Article 6. The Contract Documents may only be amended by Change Order as provided in Section 1-04.4 of the Standard Specifications which may be modified by the Special Provisions. ARTICLE 7. INDEMNIFICATION. The CONTRACTOR and CITY acknowledge and agree that they have negotiated the following in accordance with the requirements of RCW 4.24.115 and the CONTRACTOR specifically waives his immunity under industrial insurance under Title 51 RCW. To the fullest extent permitted by Laws and Regulations, the CONTRACTOR shall indemnify, defend, and hold harmless the CITY, ENGINEER, their consultants, subconsultants, and the officers, directors, employees, and agents of each and any of them, against and from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, all claims and liability arising under, by reason of, related, or incidental to the Contract Documents or any performance of the WORK, but not from the sole negligence or willful misconduct of the CITY and/or the ENGINEER as further defined in the Contract Documents. The provisions of this section shall survive the termination of the contract. Contractor Initials City of Bremerton Jackson Park Water Main CF-2 May 2009 CONTRACT (page 3 of 3) ARTICLE 8. ASSIGNMENT No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The CITY, in its sole discretion, may refuse to allow the CONTRACTOR to assign any or all of its duties, rights and/or responsibilities under the Agreement, except with regards to an assignment of funds for security purposes. In the case of an assignment for security purposes the CITY may condition its approval to the extent it deems necessary to assure that there will be adequate funds to complete the WORK and to pay a subcontractors and suppliers. CITY and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. IN WITNESS WHEREOF, CITY and CONTRACTOR have caused this Agreement to be executed the day and year first above written. CITY :- City of Bremerton .. CONTRACTOR. By By [CORPORATE SEAL] Attest Attest Address for giving notices Address for giving notices License No. Approved as to Form: Agent for service of process: (Signature) (Title) City of Bremerton Jackson Park Water Main CF-3 May 2009 DATE SUBMITTED: June 3, 2009 SUBJECT: Contract Award for Construction of Pacific Avenue Basin Stormwater Collection System to Pape & Sons Construction AGENDA BILL CITY OF BREMERTON CITY COUNCIL Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: Phone: SUMMARY: Sealed bids for construction of the project titled "Pacific Avenue Basin Stormwater Collection System" were opened on June 4, 2009. The engineer's estimate for this project is $1,315,000. 6 bids were received for this project. Pape & Sons Construction was the lowest responsive, responsible bidder with a bid of $794,510.26 (including sales tax). This Contract will not be awarded until the EPA has approeed the lowest responsive, responsible bidder. ATTACHMENTS: 1.) Council Summary, 2.) Map, and 3.) Bid Tabulation. FISCAL IMPACTS: The project is funded by an EPA STAG Grant and a Public Works Trust Fund loan. The engineer's estimate for construction was $1,315,000. The 2009 budget for this project is $1,400,000. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: June 10, 2009 June 17, 2009 5 }4 PW &U Engineering Michael Mecham 473 -5288 CONSENT AGENDA yi GENERAL- BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to award a contract in the amount of $ ' 7 9' 510. of (including sales tax) to ( 4 sons (j li St. for construction o the pro titled "Pacific Avenue Basin Stormwater Collection System" and authorize the Mayor to finalize and execute the necessary contract documents for construction, subject to EPA approval. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action COUNCIL SUMMARY PACIFIC AVENUE BASIN STORMWATER COLLECTION SYSTEM Contract Summary This project is part of the City program to reduce combined sewer overflow (CSO) releases to the Puget Sound in compliance with WAC 173-245. This project will reduce CSO events in Pacific Avenue Basin by disconnecting storm sewer connection to the sanitary sewer and putting them into a new storm system. Additionally, this project will reduce the load on the Crosstown Pipeline, which conveys flow from East Bremerton and a large portion of West Bremerton to the WWTP. This project completes all the construction and upgrades for compliance with Department of Ecology Order of Consent No. 93WQ-150 (issued 1993) and the Consent Decree No. C92-55400 Puget Sound Keeper Alliance (1994). The work includes installation of agproximately 4500 feet of 8" and 12" storm sewer piping in.the vicinity of Park Avenue and Pacific Avenue and 6 h Street, including all disconnections from the sanitary sew~r, structure installation, and surface restoration. The work has been scheduled to begin after completion of the WSDOT tunnel project to minimize impact to traffic in downtown Bremerton. ~e.- B1 SoV).5 Con ~+. was the lowest responsive, responsible bidder with a bid in the amount of $ I q 4 . 51 (). ;t~ ;including sales tax). The construction will be completed within 150 calendar days from t~otlce to Proceed; the estimated completion date IS In December 2009. Award of the project is contingent upon EPA approval of the low bidder. Fiscal Summary The engineer's estimate for the construction portion of the project is $1,315,000. The bids reflect the current cost volatility in the construction environment. This project is being funded by an EPA STAG grant and a PWTF loan. The 2009 budget for this project is $1,400,000. Following is a summary of each funding source. 1) U.S. Environmental Protection Agency Grant No. XP-96020701-1. The total value of the grant is $1,940,000, proceeds from the grant to fund this project are approximately $200,000. 2) Public Works Trust Fund Loan No. PW-04-691-010. Loan Terms Values Loan Amount $4,960,000 Loan Fee (included in Loan Amount) N/A Match Required 5% Term 20-years Date of Execution June 18, 2004 Interest Rate 0.5% Annual Debt Service (Approx) $260,700 Racific Avenue Basin Stormwater Collection System Council Summary CITY OF BREMERTON · DEPARTMENT OF PUBLIC WORKS AND UTiliTIES PACIFIC AVENUE BASIN STORMWATER COLLECTION SYSTEM l ~LEf N 1~ 1 I 1..1 C IJ'~. Slr'l VICINITY MAP [ 17th St. I 8th ~ Q) ~ 0 0 Q) ~ () I.i( 8th S'-o .g O 01 7th St. I ~ _ 6th St. . Q) ~ 5th St. Q) 4th St. <( St. LOCATION MAP SITE MAP AND VICINITY MAP SCHEDULED FOR CONSTRUCTION IN SUMMER 2009 CONTRACT (page 1 of 3) THIS AGREEMENT is dated the day of and between City of Bremerton (hereinafter called CITY) and in the year 2009 by (hereinafter called CONTRACTOR). CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK. CONTRACTOR shall complete the WORK as specified or indicated in the CITY's Contract Documents entitled Pacific Avenue Basin Stonnwater Collection System ARTICLE 2. CONTRACT TIMES. The WORK shall obtain Substantial Completion within / 5"0 calendar days from the commencement date stated in the Notice to Proceed. Time is of the essence as to each and every deadline set forth in this agreement. This provision has been specifically negotiated. ARTICLE 3. LIQUIDATED DAMAGES. CITY and the CONTRACTOR recognize that time is of the essence of this Agreement and that the CITY will suffer financial loss if the WORK is not completed within the time specified in Article 2 herein, plus any extensions thereof allowed in accordance with Section 1-08.8 of the Standard Specifications which may be modified by the Special Provisions. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the CITY if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the CONTRACTOR shall pay the CITY liquidated damages in the amount of $1500 for each day that expires after the time specified in Article 2 herein and Special Provision 1-08.5 for Substantial Completion and Final Completion of the WORK in accordance with Section 1-08.9 of the Standard Specifications as may be modified by the Special Provisions. ARTICLE 4. CONTRACT PRICE. CITY shall pay CONTRACTOR for completion of the WORK in accordance with the Contract Documents in the amount set forth in the Bid Proposal, which shall include sales tax as provided in Section 1-07.2(2) of the Special Provisions. ARTICLE 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Section 1-09.9 of the Standard Specifications which may be modified by the Special Provisions.. Applications for Payment will be processed by ENGINEER as provided in the Special Provisions Contractor Initials City of Bremerton Pacific Avenue Basin Stonnwater Collection System CF-l May 2009 CONTRACT (page 2 of 3) ARTICLE 6. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between CITY and CONTRACTOR concerning the WORK consist of this Contract (pages Contract-1 to Contract-7, inclusive) and the following attachments to this Contract: o Notice Inviting Bids, o Bidders Checklist, o Bid Proposal including the Proposal Forms, Information Required of Bidder, Bid Bond, and all required certificates and affidavits, o Performance Bond, o Payment Bond, o Standard Specifications, o Special Provisions, o Contract Plans, o Addenda numbers _ to _, inclusive. o Change Orders which may be delivered or issued after Effective Date of the Agreement and are not attached hereto. There are no Contract Documents other than those listed in this Article 6. The Contract Documents may only be amended by Change Order as provided in Section 1-04.4 of the Standard Specifications which may be modified by the Special Provisions. ARTICLE 7. INDEMNIFICATION. The CONTRACTOR and CITY acknowledge and agree that they have negotiated the following in accordance with the requirements of RCW 4.24.115 and the CONTRACTOR specifically waives his immunity under industrial insurance under Title 51 RCW. To the fullest extent permitted by Laws and Regulations, the CONTRACTOR shall indemnify, defend, and hold harmless the CITY, ENGINEER, their consultants, subconsultants, and the officers, directors, employees, and agents of each and any of them, against and from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, all claims and liability arising under, by reason of, related, or incidental to the Contract Documents or any performance of the WORK, but not from the sole negligence or willful misconduct of the CITY and/or the ENGINEER as further defined in the Contract Documents. The provisions of this section shall survive the termination of the contract. Contractor Initials City of Bremerton Pacific Avenue Basin Storm water Collection System CF-2 May 2009 CONTRACT (page 3 of 3) ARTICLE 8. ASSIGNMENT No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the parw sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The CITY, in its sole discretion, may refuse to allow the CONTRACTOR to assign any or all of its duties, rights and/or responsibilities under the Agreement, except with regards to an assignment of funds for security purposes. In the case of an assignment for security purposes the CITY may condition its approval to the extent it deems necessary to assure that there will be adequate funds to complete the WORK and to pay a subcontractors and suppliers. CITY and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. IN WITNESS WHEREOF, CITY and CONTRACTOR have caused this Agreement to be executed the day and year first above written. CITY: City of Bremerton CONTRACTOR By By [CORPORATE SEAL] Attest Attest Address for giving notices Address for giving notices License No. Approved as to Form: Agent for service of process: (Signature) (Title) City of Bremerton Pacific Avenue Basin Storrnwater Collection System CF-3 May 2009 CITY OF BREMERTON BID TABULATION BID TITLE: Pacific Avenue Basin Stormwater OPENED Pro"act BY: Carol Etgen DATE OPENED: June 4, 2009 NAME OF BIDDER TIME OPENED: BOND 2:00 PM RECORDED BY: SALES TAX Bill Davis TOTAL BID ()[) Engineer's 3//e: r"'. DATE SUBMITTED: June 2, 2009 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5I ........................................................................................ SUBJECT: MOA with Kitsap Regional Library Committee Meeting Date: June 10, 2009 COUNCIL MEETING Date: June 17,2009 Department: Pub Works & Utilities Presenter: Phil Williams Phone: 473-5315 SUMMARY: This Memorandum of Agreement with Kitsap County Rural Library District d/b/a Kitsap Regional Library sets forth conditions for operation and maintenance, utilities, waste removal, and other benefits to both the Library and the City. A TT ACHMENTS: Memorandum of Agreement FISCAL IMP ACTS (Include Budgeted Amount) None APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: CONSENT AGENDA GENERAL BUSINESS D PUBLIC HEARING D COMMITTEE CHAIR COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to approve the attached Memorandum of Agreement with Kitsap County Rural Library District d/b/a Kitsap Regional Library 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 , ...-C--... .>----\ ~~ Kitsap Regional Library City of Bremerton MEMORANDUM OF AGREEMENT This Memorandum of Agreement (the "Agreement") is entered into as of , 2009, by and between the Kitsap County Rural library District d/b/a Kitsap Regional library ("library District") and the City of Bremerton ("City"). library District and City are collectively referred to as the "Parties" and individually as a "Party". RECITALS A. As owners of the building located at 612 Fifth Street, Bremerton, Washington (the "library Facility"), City has a need for library services that can be provided by library District. B. library District is able to su.pply staffing, technology, materials, programming and associated personnel and administrative support to provide library service. C. City recognizes that it will benefit from such services as library District can provide, and library District recognizes that it will benefit from providing the service. D. The Parties now desire to enter into this Agreement under the terms and conditions set forth herein. AGREEMENT NOW, THEREFORE, the parties hereto agree as follows: 1. Use of library Facility. City agrees to make the library Facility available to library District, which library District shall use as a branch library, without rental expense to library District. Library District agrees to notify City promptly of any condition that makes continued use of the Library Facility hazardous to staff or the public. 2. Utilities. City agrees to provide utility services to the Library Facility at its own expense, including but not limited to: heating, electricity, water, sewer, solid waste, recycling and shall further provide all necessary services for maintenance of the Library Facility, including janitorial service and building maintenance, and landscaping. Library District agrees to notify City of any planned changes, such as changes in hours, that may impact utilities. 3. Librarv Services. Library District agrees to provide library services at its own expense in the Library Facility, including, but not limited to, books and materials, programn:ing, staffing, technology, telephone and data connection costs. 4. Access. Library District will have exclusive access and use of the main floor of the Library Facility, including meeting rooms and storage area. Bainbridge Island. Downtown Bremerton . Kingston. Little Boston. Manchester. Port Orchard Poulsbo . Silverdale . Sylvan Way. Bookmobile. Outreach. www.krl.org 5. Collection. Furnishings. Equipment and Fixtures. The library collection and all removable furnishings and equipment, including shelving, are or will become property of Library District. Permanently mounted fixtures, such as the built-in shelving and the Circulation Desk, will remain part of the building and therefore owned by City. 6. Structural Changes to Library Facility. Changes to the structure of the Library Facility will be negotiated and done in partnership so as not to impede or disrupt library service to the public as much as possible. 7. Insurance. City agrees to provide adequate insurance to cover loss or damage to the Library Facility, including fixtures. Library District agrees to provide and maintain adequate comprehensive general liability insurance against liability for injuries to persons and/or property, as well as adequate insurance to cover loss or damage to the collection, furnishings and equipment. 8. !.Jbrary District Indemnification of City. To the extent permitted by law, Library District shall defend, indemnify and hold harmless City and its elected and appointed officers, agents and employees from any and all demands, claims, causes of action, losses, damages, liabilities, obligations, remedies, penalties, costs and expenses (including without limitation, reasonable attorneys' fees) arising out of, pertaining to, or in connection with (i) any acts of omissions of Library District, its successors, assigns or agents, subsequent to the date of this Agreement with respect to or in relation to the Library Facility or any of the improvements, equipment or furnishings therein or any of the services provided by Library District pursuant to this Agreement; and (ii) a breach of any representation or warranty made by Library District herein. 9. City Indemnification of Library District. To the extent permitted by law, City shall defend, indemnify and hold harmless Library District and its officers, directors, trustees, agents and employees from any and all demands, claims, causes of action, losses, damages, liabilities, obligations, remedies, penalties, costs and expenses (including without limitation, reasonable attorneys' fees) arising out of, pertaining to, or in connection with (i) any acts of omissions of City, its successors, assigns or agents, subsequent to the date of this Agreement with respect to or in relation to the Library Facility or any of the improvements or furnishings therein or any of the services provided by City pursuant to this Agreement; and (ii) a breach of any representation or warranty made by City herein. 10. Nondiscrimination. Library District agrees not to 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. , 11. Authority. The Parties each represent and warrant that they and/or their undersigned agents have full power and authority to enter into and to execute this Agreement, and that the execution, delivery and performance by the Parties of this Agreement and the related documents is not in conflict with any law, rule, regulation, writ, judgment, injunction, Bainbridge Island. Downtown Bremerton . Kingston. Little Boston. Manchester. Port Orchard Poulsbo . Silverdale . Sylvan Way. Bookmobile. Outreach. www.krl.org decree or award, or with the provisions of any agreement to which the Parties or any of them may be bound, including, without limitation, their articles of incorporation or bylaws. 12. Effective Date. This Agreement shall become effective when, and only when, it has been duly executed by both of the Parties. This Agreement shall be in effect for one year from the date written above, with a review by both of the Parties after six months. This Agreement may be renewed each year by written agreement of the Parties. 13. Termination. This Agreement may be terminated without cause by either Party on 60-days written notice prior to the end of the first year, or any subsequent annual renewal of this Agreement. 14. Binding Agreement. This Agreement shall be binding upon and inure to the benefit of the successors, assigns, trustees, receivers, personal representatives, legatees and devisees of the Parties. Except as set forth herein, no person, organization or association other than Library District and City shall have any rights or claims under this Agreement. 15. Entire Agreement. This Agreement embodies the entire agreement and understanding between the Parties and supersedes all prior agreements and understandings related to the subject matter hereof. 16 Counsel's Advice. The Parties represent that they have reviewed the terms of this Agreement with their attorney, that they are authorized to enter into this Agreement, and the Agreement is executed freely and voluntarily as of the date hereof. 17. Jurisdiction and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. The Kitsap County Superior Court shall have j~risdiction and~enueof allY .action or pro~e_eding arising out of or rela!ed to th~ negotiation, execution, performance, breach or the enforcement of this Agreement. 18. Counterpart Signatures. This Agreement may be executed in several counterparts, which when taken together shall constitute one original Agreement. A facsimile signature shall be deemed an original signature for all purposes. IN WITNESS WHEREOF, the Parties have duly executed and delivered this Agreement as of the date first above written. KITSAP COUNTY RURAL LIBRARY DISTRICT (DBA KITSAP REGIONAL LIBRARY) CITY OF BREMERTON Jill Jean, Library Director Cecil McConnell, Mayor Pro-Tern Date Signed: Date Signed: Bainbridge Island. Downtown Bremerton . Kingston. Little Boston. Manchester. Port Orchard Poulsbo . Silverdale . Sylvan Way. Bookmobile. Outreach. www.krl.org Phil Williams, Director Public Works & Utilities Date Signed: Bainbridge Island. Downtown Bremerton . Kingston. Little Boston. Manchester. Port Orchard Poulsbo . Silverdale . Sylvan Way. Bookmobile. Outreach. www.krl.org DATE SUBMITTED: May 27,2009 AGENDA BILL CITY OF BREMERTON CITY COUNCIL bA ..............................................................................'.......... fu.h\jc, li~lvVf SUBJECT: Local Solicitation"2009 Justice Committee Meeting Date: June 10,2009 Assistance Grant Application COUNCIL MEETING Date: June 17,2009 Department: Police Presenter: Chief Rogers Phone: 473-5224 SUMMARY: The Bremerton Police Department is applying for the local solicitation Edward Byrne Memorial Justice Assistance Grant (JAG) that will allow the City of Bremerton to support a broad range of activities (Including staffing, training and equipment purchases) that improve the functioning of the criminal justice system and control crime based on our own local needs and conditions. The priority is to sustain law enforcement personnel at existing staffing levels. The grant is from the Department of Justice. No matching funds are required of the City. The total grant amount is $59,540.00. The grant duration is through September 2013. ATTACHMENTS: None FISCAL IMPACTS (Include Budgeted Amount): None. The JAG funding is a revenue source for $59,540.00. It will provide dollars for preserving law enforcement staffing levels. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR '\ COUNCIL PRESIDENT: ~~ . ~~>'C'( -: ,'d(/ CONSENT AGENDA 0 GENERAL BUSINESS 0 PUBLIC HEARING X RECOMMENDED MOTION: Move to approve the 2909 Justice Assistanc~ Grant Application. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue D No Action DATE SUBMITTED: 6/3/09 7A ........................................................................................ AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Passage of Resolution No.~ \ adopting The Bremerton Community School of the Future, Co-Location Project Study Committee Meeting Date: 6/1 0/09 COUNCIL MEETING Date: 6/17/09 Department: DCD Presenter: Lindsey Sehmel Phone: 360-473-5845 SUMMARY: In 2006 the Washington State Office of Public Instruction (OSPI) and the Department of Community Trade and Economic Development (CTED) held the Summit on School Siting. The premise of the summit was that school districts and local jurisdictions can work in concert to mesh education facility needs with broader community needs and the growth strategies of cities. The City of Bremerton (City) and the Bremerton School District (District) were awarded a grant by CTED to work cooperatively to study the concept oflocating a new middle school on the west-side of Bremerton and that this study was to use the findings of the Summit of School Siting as a guide. The City and District have completed the work on this study and staff is bringing it forward to the respective governing bodies for adoption. The report makes the following findings: 1) An alternative pattern of development in which a non-school/community services are co-located with a school facility is desirable. 2) Locating the school closer to the urban core of the city makes the facility more accessible to the population center. 3) There are significant public benefits to developing a middle school in conjunction with a community activity center. ATTACHMENTS: 1) Proposed Resolution IV 0, 3 0 CJ I EXHIBIT A: Bremerton Community School of the Future, Co-Location Project Study FISCAL IMPACTS (Include Budgeted Amount): None /\ ,I '. Ex~ibi+ A /5 (). V A I' t Cl 'ole oy.. C) 1ry 's Wek,iv APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: ! / COMMITTEE CHAIR COUNCIL PRESIDENT: f!d~' CONSENT AGENDA 0 GENERAL BUSINESS [21 . PUBLIC HEARING RECOMMENDED MOTION: Move to pass Resolution No. 2!1l adopting the Bremerton Community School of the Future, Co-Location Project Study. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action RESOLUTION NO. 30'1 I A RESOLUTION of the City Council of the City of Bremerton, Washington, adopting the Bremer/on Community School of the Future, Co-Location Pr<4ect Study. WHEREAS the Washington State Office of Public Instruction (OSPI) and the Department of Community Trade and Economic Development (CTED) held the Summit on School Siting in 2006 and the premise of the summit was that school districts and local jurisdictions can work in concert to combine education facility needs with broader community needs and the growth strategies of cities; and WHEREAS, on October 29, 2007 the City of Bremerton (City) and the Bremerton School District (District) was selected by CTED to receive a Competitive Growth Management Act Planning Grant in the amount of$125,000 to work cooperatively to study the concept of locating a new middle school on the west-side of Bremerton using the findings of the Summit of School Siting as a guide; and WHEREAS, the City entered into a contract with NAC Architecture (NAC) of Seattle, Washington to develop a public input process and complete the study for which the grant funds were received; and WHEREAS, the City, District, and NAC began a public outreach program in June 2008, requ~sting p~icipation froJl1 a br9ad rang~ of ~OnlIllUnity members whom have interest in the future of Bremerton and our schools; and WHEREAS, there was a core group of citizens called the "Key Communicators" that consistently attended the public workshops, had standing in the community and were willing to assist the with project communication; and WHEREAS, the City widely advertised and sponsored four public workshops on the project on July 31, 2008, August 18, 2008, September 22, 2008, and October 27, 2008 and solicited citizen input by providing online questionnaires; and WHEREAS, the draft report was made available to the general public and interested parties for review and comment at City offices and on the City's web page; and WHEREAS, the report finds that there are significant public benefits to developing a middle school in conjunction with a community activity center; and WHEREAS, locating the school closer to the urban core of the city makes the facility more accessible to the population center and is consistent with the City's Comprehensive Plan, Countywide Planning Policies, and the State Growth Management Act; and 1 COLLABORATIVE SCHOOL SITING PROJECT WHEREAS, the City supports the findings and conclusions of the report and urges the District to also enter into similar findings; and WHEREAS, the City supports the findings of the report, and encourages the District in implementation, once student demographics illustrate the need for a new west-side middle school; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby adopts the Bremerton Community School of the Future, Co-Location Project Study attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. Severability. If anyone or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the. validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 3. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. day of PASSED by the City Council of the City of Bremerton, Washington this _ ,2009. CECIL McCONNELL, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney CAROL ETGEN, City Clerk 2 COLLA BORA TIVE SCHOOL SITING PROJECT DATE SUBMITTED: AGENDA BILL CITY OF BREMERTON CITY COUNCIL 76 ........................................................................................ SUBJECT: First amendment to agreement with Redflex Traffic Systems, Inc., for photo enforcement services. Committee Meeting Date: June 3, 2009 COUNCIL MEETING Date: June 17 2009 Department: Finance Presenter: Andy Parks Phone: 360.473.5722 SUMMARY: The City and Redflex entered an agreement dated September 10, 2007. Original agreement includes a 5-year term with options to extend. Additionally, the cost per intersection monitored is $4,850 per month. City discussed alternatives to reduce monthly costs. Redflex proposal is to extend original term to ten years and reduce monthly monitoring cost of existing intersections (a total of9) from $4,850/mo. to $4,000 per month per intersection (total of $7,650 per month) represents an annual savings of$91,800. The other terms of the agreement remain in effect including the "neutrality" clause, which limits the City's cost to the revenue generated from the system. ATTACHMENTS: Original contract and proposed amendment. FISCAL IMPACTS (Include Budgeted Amount): Reduce cost by $7,650/mo. effective upon signing, $91,800 annually. COMMITTEE CHAIR COUNCIL PRESIDENT: APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: CONSENT AGENDA 0 GENERAL BUSINESS ~ PUBLIC HEARING 0 RECOMMENDED MOTION: Move to approve the proposed amendment to the September 2007 agreement between the City and Redflex Traffic Systems, Inc. and authorize the Mayor to finalize and execute the amendment with substantially the same terms and conditions as presented. COUNCIL ACTION: 0 Approve 0 Deny ..0 Table o Continue 0 No Action April April May June July August September October November December January February March April May 1879 2088 1750 1662 1494 1450 1288 987 1080 972 823 1051 1453 1573 1381 1307 1155 1162 1054 805 745 743 662 805 880 989 1 st Quarter 2007 _175__ ___ 1 st Quarter 2008 - --- ------203 1 st Quarter 2009 ----- d158-------- ------- 3/31/2007 175 3/31/2008 203 3/31/2009 158 . . 14714 13725 . ... Gl .c E :l Z S o I- Total Violations vs. total Citations 2500 2000 1500 1000 500 o i..~ ,?-'Q ~~ r} 0"- ~ ~ ,?--S ,&0 c:l~ ,S.-4, 'S 0"- 0"- .....(F ~ OU ,:,,0 ..:;.0 Month 0"- ~ ,,0 QIO ~(;\ ~(;\ 0:- ,:> &V' ~~ "'~~ v.~ >:-0 ",-S -+-Total Violations -O--Citations Issued 1800 1600 1400 1200 III r:::: 0 +:: III 1000 - (3 .... 0 ... Q) 800 .Q E ~ z 600 Photo-Enforcement Citation Issues 400 I-+-SerieS1 I 200 0 ~ ~~ ~0 ~~-\ r} rt- rt- rt- rt- 1>-~ 1>-~ 0:- ~ ~ ~v ~ ~ ~ ~ ~ ~.:::; &'S ~~ ~ "?-v ~0 C} ~0 iP ~flj <<.~ c:l~ 0 ~o <:J Month 1st Qtr Collision Comparison 210 203 175 200 190 180 170 160 158 150 140 2007 2008 2009 FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF BREMERTON AND RED FLEX TRAFFIC SYSTEMS, INC. FOR RHOTO ENFORCEMENT SERVICES This First Amendment (the "Amendment") is executed this _ day of ,2009 by and between Redflex Traffic Systems, Inc. with offices at 27351 N. 2yd Avenue, Phoenix, Arizona 85085 ("Redflex"), and the City of Bremerton a municipal corporation and, with offices at 345 6th Street, Suite 600 , Bremerton, W A 98337 (the "Customer"). RECIT ALS WHEREAS, Redflex and the Customer previously entered into an agreement dated September 10th, 2007, to provide automated red light photo enforcement and school zone speed enforcement in the City of Bremerton; WHEREAS, Redflex and the Customer mutually agree its desirable to modify the terms of the 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 that the Agreement should be amended as follows: AGREEMENT i. Paragraph 2 of the Agreement, entitled "TERM," is amended in its entirety to read as follows: "From the executed date of the First Amendment, the term of this agreement will continue for a period often (10) years (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 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." 2. Exhibit "D' is replaced in its entirety with the attached revised Exhibit "0" signed by Redflex and Customer attesting to the agreed changes. Revised Exhibit "D" shall become operative upon the executed date of this Amendment. 3. All other provisions of the Agreement shall remain in effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year tirst set forth above. "Customer" "Redflex" CITY OF BREMERTON REDFLEX TRAFFIC SYSTEMS, INC., By: Name: Title: By: Name: Aaron Rosenberg, PhO Title: Executive Vice President 2 EXHIBIT "0" COMPENSA TION & PRICING Fixed Photo Red Lieht Svstem Existing Approaches: Commencing June 1,2009, each Designated Enforcement Site, Customer shall be obligated to pay Redtlex a fixed fee of $4,000 per month for each of the existing Designated Intersection Approaches listed below ("Fixed Fee") as full remuneration for performing all of the services contemplated in this Agreement: W arren Ave and 11 th Street, Westbound Warren Ave and IIStreet, Northbound Callow Ave and 11 th Street, Northbound Kitsap Way and Marine Drive/Adele, Eastbound Kitsap Way and Marine Drive/Adele, Southbound Wheaton Way and Sylvan Way, Westbound Warren Ave and 16th Street, Northbound Warren Ave and 16th Street, Southbound Wheaton Way and Sylvan Way, Northbound New Approaches: Commencing on the date of this First Amendment for each Designated New Enforcement Site, Customer shall be obligated to pay Redtlex a fixed fee of $4,850 per month for each new Designated Intersection Approach ("Fixed Fee") as full remuneration for performing all of the services contemplated in this Agreement: Fixed Speed School Zone- . - . HO . Commencing on the installation date, for each Designated School Zone, Customer shall be obliged to pay Redtlex 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 1 $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 Speed Svstem Component Commencing on the deployment date, for each Mobile Speed System Unit, Customer shall be obliged to pay Redtlex a fixed fee of $7,870 per month ("Fixed Fee") as full remuneration for performing all the services contemplated in this Agreement. 3 Cost Neutralitv Not withstanding the Fixed Fee provisions provided herein to the contrary, Redflex assures the Customer that the programs provided hereby shall be cost neutral to the 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 the less. The Customer agrees to pay Redflex within thirty (30) days after the invoice is received. Customer shall be obligated to pay the cumulative balance invoiced by Redflex, in accordance with standard terms, to the extent of gross receipts to the Customer from automated infractions. In the event that a balance remains unpaid due to a deficit in gross receipts compared to invoiced amounts, Customer will provide to Redflex with each monthly payment, an accounting of such gross receipts supporting the amount withheld. In the event that the contract ends or is terminated and an invoiced balance is still owed to Redflex, all subsequent receipts from automated red light and speed infractions for a period of up to 12 months from date of termination will be applied to such balance and paid to Redflex up to the amount of said balance. BUSINESS ASSUMPTIONS FOR ALL PRICING OPTIONS: 1. Redflex construction will be able to utilize existing conduit for installation where space is available. Cost for additional conduit shall be the sole responsibility of Redflex. 2. Each year, beginning January 1, 2010, the pricing will increase by CPI. CPI will be derived from the publication by the US Department of Labor Consumer Price Index for Seattle, and will measure the percentage change in the index from the prior Julr through June period. 3. Except where a balance remains unpaid due to a deficit in the gross cash received as described herein, Customer agrees to pay Redflex 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 and FDIC member bank and designated exclusively for the Customer (the "Lockbox Account"). The Customer shall have controlled access to the Lockbox Account. Redflex shall provide a full accounting to the Customer 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 personal check, money order or cashier's check for the penalty amount indicated on the front of the Citations. Checks will be made payable as directed by the Customer and will be mailed to 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 Customer facilities (i.e. Court). If the Customer receives a payment for a Citation, the Customer will forward the payment to Redflex' s lock box institution. 4 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. "Customer" "Redflex" CITY OF BREMERTON REDFLEX TRAFFIC SYSTEMS, INC., By: Name: Title: By: Name: Aaron Rosenberg, PhO Title: Executive Vice President. 5 EXCLUSIVE AGREEMENT BETWEEN THE CITY OF BREMERTON AND REDFLEX TRAFFIC SYSTEMS, INC. FOR PHOTO RED LIGHT ENFORCEMENT PROGRAM This Agreement ( "Agreement") is made as of this lot:*;Jay of~7 by and between Redflex Traffic Systems, Inc. with offices at 6047 Bristol Parkway 15t Floor, Culver City, California 90230 ("Redflex"), and The City of Bremerton a municipal corporation, with offices at 345 6th Street, Suite 600, Bremerton, W A 98337 ( "Customer"). RECITALS WHEREAS, Redflex 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.IHEREEQRE, .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 Redflex System. 1.3. "Citation" means the notice of an Infraction, which is mailed or otherwise delivered by Redflex to the violator on the appropriate Enforcement Documentation in respect of each Authorized Infraction. 1.4. "Confidential or Private Information" means, with respect to any Person, any information, matter or thing of a secret, confidential 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 plans, data, procedures, business opportunities, 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 descri~e~._._ __ _ H.. ... ._. ._._ . .- - 15. "Designated Enforcemenf 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 support 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 2 Redflex Photo Red Light and Speed System(s), including but not limited to all camera systems, housings, radar units, severs and poles. 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 departm~nt of any of the foregoing. 1.11. "Installation Date of the Photo Red Light and Speed Program" means the date on which Redflex completes the construction and installation of at least one (1) Intersection Enforcement Site in accordance with the terms ofthis Agreement so that such Intersection Enforcement Site is operational for the purposes of functioning with the Photo Red Light and Speed Program. 1.12. "Intellectual Propertv" 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 riot 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) . contig:yqu~ ll:!ll~s from the CllrP o.rigjl1a~ing 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 officer 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 forth in the Customer's charter or other organizational documents of the Customer or by the city counselor other governing body of the Customer. 3 1.17. "Potential Infraction" means, with respect to any motor vehicle passing through a Designated Intersection Approach, the data collected by the Redflex System with respect to such motor vehicle, which data shall be processed by the Redflex 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. "Proprietary Property" means, with 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 Confidential Information, including without limitation products, samples, equipment, files, 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 thereof, affecting or relating to the business of sucn Person, fiIiancial statements, budgets,. projections and invoices. 1.19. "Redflex 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 ~e J(i<?k :W:e(iyet: .or su(;h.perS911d~~ RedJ1~x shalLdesignate. 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. 1.23. "Infraction Criteria" means the standards and criteria by which Potential Infractions will be evaluated by Authorized City Staff of the Customer, to 4 determine a infraction was committed, all of which shall be in compliance with all applicable laws, rules and regulations of Governmental Authorities. 1.24. ''SmartCam™ Svstem" means the proprietary digital redlight photo enforcement system of Redflex relating to the Photo Red Light and Speed Enforcement Program. . 1.25. "SmartOpsTM Svstem" means the proprietary back-office processes of Redflex relating to the Photo Red Light and Speed Enforcement Program. 1.26. "SmartScene ™ System" means the proprietary digital video camera unit, hardware and software required for providing supplemental infraction data. 1.27. "Traffic 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 Govenlmental Authority, including but not limited to operating a motor vehicl~ 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. TERM. 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 !~e righ!,J)utun.<?_~ ~h.:eobligat!on,_ to extemLtl1e t~rm Qf 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, Infi'actions shall be processed as follows: 3.3.1. All Infractions Data shall be stored on the Redflex System; 5 3.3.2. The Redflex System shall process Infractions Data gathered from the Designated Enforcement Sites into a format capable of review by the Authorized City Staff via the Redflex System; 3.3.3. The Redflex System shall be accessible by the Authorized City Staff through a virtual private network in encrypted format by use of a confidential password on any computer equipped with a high-speed internet connection and a web browser; 3.3.4. Redflex shall provide the Authorized City Staff with access to the Redflex System for the purposes of reviewing the pre-processed Infractions Data within 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 folin of an Electronic Signature to Redflex using the software or other applications or procedures provided by Redflex on the Redflex System for such purpose, and RED FLEX HEREBY ACKNOWLEDGES AND AGREES THAT THE DECISION TO ISSUE A CITATION 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 REDFLEX HAVE THE ABILITY OR AUTHORIZATION TO MAKE A CITATION DECISION; 3.3.6. With respect to each Au, thori~~~I,llfr~~!i~n,B~.dflex sJ).allpJil1~ andJll&iL~,,_ 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 Redflex, the Customer shall provide, without cost to Redflex, reports regarding the prosecution of Citations and the collection of fines, fees and other monies in respect thereof in such format and for such periods as Redflex may 6 reasonably request; provided, however, the Customer shall not be obligated to provide in excess of six (6) such reports in any given twelve (12) month period without cost to Redflex; 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, Redflex shall provide expert witnesses for use by the Customer in prosecuting Infractions; provided, however, the Customer shall use reasonable best efforts to seek judicial notice in lieu of requiring Redflex to provide such expert witnesses. Following the initial six (6) month period, Redflex 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 paymenf'then the Bremert()ri MUiiiCipill" Court shafCcoiiect 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 forth 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 7 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 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, however, 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 Riehts. 4.1. License. Subject to the terms and conditions of this Agreement, Redflex hereby grants the Customer, aIld 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, pUQlic:__ 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 of 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 Redflex System, including but not limited to any Equipment, or to any, Intellectual Property or 8 Proprietary Property of Redflex, or cause any other Person to do any of the foregoing. 4.4. PROTECTION OF RIGHTS. Redflex 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 Redflex Marks, the filing of patent application for any of the Intellectual Property of Redflex, 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 Redflex Marks or the Intellectual Property of Redflex without the prior written consent of Redflex. 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 . Re~flex'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 cos!s . incurred"iii providirigHsuch "cooperation and- assistance. "... ..... m H". . 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. Redflex 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 Redflex pursuant to this Agreement shall be 9 performed in a professional and workmanlike manner and, with respect to the installation of the Redflex System, subject to applicable law, in compliance with all specifications provided to Redflex 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~SPECT 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 _ DILIGENTLYp_ -- - ENDEAVOR - TO CORRECT- ANY SUCHH MALFUNC1fON- INA 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 "D". Either party shall have the right to remedy the cause for termination (Sec 6.1) within forty-five (45) calendar days (or within such other time period as the Customer and Redflex shall mutually agree, which agreement shall not be unreasonably withheld or delayed) after written notice from the non-causing party setting forth in reasonable detail the events of the cause for termination. 10 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. 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 formaL. . 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 . Poilier .IiitelleCtual 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 Relief; Specific Performance) and 11.18 (Jurisdiction and Venue), and (y) those 11 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 provisions survive the expiration or termination of the Agreement, or must survive to give effect to the provisions of this Agreement. L..CONFIDENTIALITY. 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. Redftex 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 Liabilitv. 8.1 Indemnification bv Redflex. Redflex hereby agrees to defend and indemnify the Customer and its affiliates, shareholders or other interest holders, managers, officers, directors, employees, agents, representatives and successors, permitted assignees and each of their affiliates, and all persons acting by, through, under or in concert with them, or any of them (individually a "Customer Party" and collectively, the "Customer Parties") against, and to protect, save and keep harmless the Customer Parties from, and to pay on behalf of or reimburse the Customer Parties as and when incurred for, any and all liabilities, obligations, losses, damages, penalties, demands, claims, actions, suits; judgments, settlements, costs; expenses and- disbursements (including reasonable attorneys', accountants' and expert witnesses' fees) of whatever kind and nature (collectively, "Losses"), which may be imposed on or incurred by any Customer Party arising out of or related to (a) any material misrepresentation, inaccuracy or breach of any covenant, warranty or representation of Redflex contained in this Agreement, or (b) the negligence or willful misconduct of Redflex, its employees or agents which result in death or bodily injury to any natural person (including third parties) or any damage to any real or tangible personal property (including the personal property of third parties), except to the extent caused by the willful misconduct of any Customer Party. 8.2 Indemnification bv Customer. The Customer hereby agrees to defend and indemnify Redflex and its affiliates, shareholders or other interest holders, managers, officers, directors, employees, agents, representatives and successors, permitted assignees and all persons acting by, through, under or in concert with them, or any of them (individually a "Redflex Party" and collectively, the "Redflex Parties") against, and to protect, save and keep harmless the Redflex Parties from, and to pay on behalf of or reimburse the Redflex Parties as and when incurred for, any and all Losses which may be imposed on or incurred by any Redflex Party arising out of or in any way related to (a) any material misrepresentation, inaccuracy or breach of any covenant, warranty or representation of the Customer contained in this Agreement, (b) the willful misconduct of the Customer or its employees, which result in death or ]2 bodily injury to any natural person (including third parties) or any damage to any real or tangible personal property (including the personal property of third parties), except to the extent caused by the willful misconduct of any Redflex Party. 9. NOTICES. Any notices to be given hereunder shall be in writing, 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 day delivery, if the courier service obtains a signature acknowledging receipt, in each case addressed or sent to such party as follows: 9.1 Notices to Redflex: Redflex Traffic Systems, Inc. 15020 North 74th Street Scottsdale, AZ 85260 Attention: Ms. Karen Finley Facsimile: (480) 607-5552 9.2 Notices to the Customer: City of Bremerton 3027 Olympus Drive Bremerton, W A 98310 Attention: Michael Mecham, P .E. City Engineer Facsimile: (360) 473-5398 13 10. DISPUTE RESOLUTION. Upon the occurrence of any dispute or disagreement between the parties hereto arising out of or in cOlmection 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 10, 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. 11. Miscellaneous. 11.1 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 ~nstitution". and coll~ctivel~, "Financial Institutiol1s"). 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. 11.2 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 principal and agent or otherwise permit either party to incur any debts or liabilities or obligations on behalf of the other party (except as specifically provided herein). 14 11.3 AUDIT RIGHTS. Each of parties hereto shall have the right to audit the books and records of the other party hereto (the "Audited Party") 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 otherwise provided in this Agreement, the cost of any such audit shall be borne by the non-Audited Party, 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. 11.4 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 fires, 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. 11.5 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, with the exception of Exhibits A thru F contained herein. which affects its terms. This agreement may be amended by the parties only by a subsequent written agreement signed by both parties. 11.6 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. 11.7 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. 1 1.8 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. 11.9 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, interpretation or applicability of this Agreement or any term, condition or provision hereof. 15 1 1.10 EXECUTION AND COUNTERP ARTS. 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. 11.11 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. 11.12 REMED illS 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. 11.13 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 pennitted assigns. 11.14 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. 11.15 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. 11.16 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. 11.17 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. I I .18 JURISDICTION AND VENUE. Any dispute arising out of or in connection with this Agreement shall be submitted to the exclusive jurisdiction and venue of the 16 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 first set forth above. "Customer" "Redflex" REDFLEX TRAFFIC SYSTEMS, INC., I} /y; (1 By: L .' I, ;9Urctu~ Name: Karen Finley Title: President and CEO Attest: CAtJ.'(~.i.~~AJ r City Clerk 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 Redflex 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 System Redflex will have each specified intersection installed and activated in phases in accordance with an implementation plan to be mutually agreed to by Redflex Traffic Systems and the Customer. Redflex 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. Appoinf -the Redflex - Project - Manager and-- a - project -- implementatf()n 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 shall 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 shall 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 Redflex 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, (H) for at least sixteen (16) hours in the aggregate, (Hi) regarding the operation of the Redflex System, which training shall include training with respect to the Redflex System and its operations, strategies for presenting Infractions Data in court and judicial proceedings and a reviewoItheEritorcement Doclliri€.mtation;.dHu......... .-.. -, .. .... .... . 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 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): 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 Redflex 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 Redflex in obtaining access to the records data of the Department of Motor Vehicles in Redflex' s capacity as an independent contractor to the Customer; and 2.1.5. Assist Redflex in seeking the Approvals 2.1.6. Provide reasonable access to the Customer's properties and facilities in order to pelmit Redt1ex 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 specific 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' coinn1ercial efforts to acquire' and coirllgure 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 Redflex System; 1.4. Issue citation notices for Authorized Violations; 1.5. Redflex 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 five (5) hours per day. 2.2. Appoint the Police Project Manager; 2.3. Provide reasonable access to the personnel of the Customer and reasonable infom1ation about the specific 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 first, gasoline, tires and regular cleanings both to the interior and exterior of the vehicle. 23 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 Redflex, including but not limited to maintaining the casings of the cameras included in the Redflex System and all other Equipment in reasonably clean and graffiti-free condition. Redflex 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 Redflex 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 feasonably obtained without the use of flash units, Redflex shall provide and install such flash units. 6. The Redflex Project Manager (or a reasonable alternate) shall be available to the Police Project Manager each day, on a reasonable best efforts basis. 24 EXHIBIT "D" 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 fixed 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. . Volume Tier Fixed Fee Per Month 1 Up to 100 Paid Citations 2 $5,870 .... ...... m.m "'"H'" .... ._. .................. ....~h .........,. .............m_.................. .. 101-160 Paid Citations 3 i 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 Neutralitv 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 thirty (30) days after the invoice is received. City shall be obligated to p'ay the cumulative balance invoiced by Redflex, 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 deficit in gross receipts compared to invoiced amounts, 25 City will provide to Redflex with each monthly payment, an accounting of such gross receipts supporting the amount withheld. In the event that the contract ends or is terminated and an invoiced balance is still owed to Redflex, 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 Redflex up to the amount of said balance. BUSINESS ASSUMPTIONS FOR ALL PRICING OPTIONS: 1. Redflex 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 Redflex 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 tl!e follo~ing paYlllent m~thods: _ 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 Redflex and the Customer shall respectively have the additional rights and obligations set forth below: 1. Redflex 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. Redflex shall provide ,the Customer with a summary of the infractions recorded during the initia~ survey within 60 days of the execution of this agreement. Additional surveys will be conducted by mutual agreement of the Customer and Redflex. The Customer shall not deny reasonable access to intersections for the purpose of conducting the video survey(s). 2. Redflex 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. Redflex shall be solely responsible for installing such Signage. The Redflex 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 Redflex 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 Redflex Manager and the Customer Manager shall mutually . u __ .. ,... __._ ~^ .~___.~ , ",_ _ ___" _ _ . ._____ _,.~_._._ agree. 5. The Customer shall not access the Redflex 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 Redflex 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 Redflex System, or (iii) any materials or information not intentionally made available by Redflex 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 confidentiality of any username, password or other process or device for accessing the Redflex System or using the Redlight Photo Enforcement Program. 7. Each of Redflex 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 confidential or proprietary information, and when so advised, each of Redflex and the Customer shall obey any and all such rules and regulations. 27 8. The Customer shall promptly reimburse Redflex for the cost of repairing or replacing any portion of the Redflex System, or any property or equipment related thereto, damaged directly or indirectly by the Customer, or any of its employees, contractors or agents. 28 Insurance 1. During the Term, Redflex shall procure and maintain at Redflex'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 Redflex, and each of Redflex'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 property 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 wiil use its . commercial best efforts 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 . Cl1s}orn~r ap.d_ anY change~. t() sll~h qedl1ctipl~~ Qr ~~lf.:ins:u.t~~t r.etention~. 4m1ng.. the Term must be approv~d 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. . 11. With respect to the insurance described in the foregoing Section of this Exhibit E, if any of the Redflex Parties are notified by any insurer that any insurance coverage will be cancelled, Redflex 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 Redflex, 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 Redflex for such breach, or (ii) purchase such required insurance, and without further notice to Redflex, deduct from any amounts due to Redflex 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 Redflex pursuant to this Agreement, Redflex shall promptly remit such excess amount to the Customer upon receipt of written notice thereof. 12. Redt1ex 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 of4IJt;, ,() , 2007, is entered into by and between the City o~~e "City") and Recffiex Traffic Systems, Inc., ("Redflex"), with reference to the Agreement between the city of~.A. btw) and Redflex Traffic Systems, inc. for Photo Red Light and Speed enforcement program, dated as Of.xf1rO.~ liJ, ~007 , by and between the City and Redflex (the "Agreement")." 1. ' Redflex 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 Redflex the working capital that it needs to perform its obligations to the City under the Agreement. 2. Pursuant to the Harris-Redflex Credit Agreement, Redflex has granted " " Harris a security interest in all-of Redflex's personal property as collateral for the payment and performance of Redflex'sobligations to the Bank under the f{arris-Redflex Credit Agreement. Such security interest applies to and covers all of Red flex's contract rights, including, without limitation, all of Redflex's rights and interests under the Agreement. 3. Redflex 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 Redflex under the Agreement. 4. The City hereby acknowledges notice of, and consents to, Redflex's .grant of such security interest in fiivorof the'Sallk in allofRed:flex's nghts -aIicr interests under the Agreement pursuant to the Harris- Redflex 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 Redflex's obligations to the Bank under the Harris-Redflex Credit Agreement. 31 IN WITNESS WHEREOF, the City and Redflex 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 Corporation : REDFLEX TRAFFIC SYSTEMS, INC., ; a Delaware Corporation ; , } . i By: Vll2l' ':~IJ.J-0 i Name: Karen Finley : Title: President and CEO Attest: 32 Photo Enforcement Contract Amendment June 2009 Current Agreement · 5 year term with 2 - 2 year extensions · 12 potential sites · 9 intersections implemented · Cost per intersection $4,850 per month each · Total $523,800 per year · Includes capital installation and operation/maintenance and processing of citations m. ~' i,ll'~~ 1 Program Objectives · Increase public safety - Reduce accidents - Redeploy police to other areas and activities · Photo enforcement program be self- supporting m ~~':ll.. t I.J" <!-,h,j. ~~~iI"" Quarterly Collision Comparison · 22%) reduction 1 st qtr 09 compared to 08 · 1 st Qtr 2009 last quarter of first year implementation of photo enforcement 250 200 o 2007 .2008 11II2009 m ~ 50 ~ ti ;; o ~ 1st 2nd 3rd 4th Qtr Qtr Qtr Qtr 2 Objectives Attained · Reduced accidents - too early to confirm trend · Officers were redeployed to other areas and activities · Additional officers hired · Program has been self-supporting - Revenue sufficient to meet program costs . Redflex . Internal staff costs - Police - Court - Administration, legal, finance m: ~~' flk~E) Revenue Expense Comparison 140000 120000 100000 80000 60000 40000 20000 o ~~ ~t$\ ':J~~ ':J~ ~~ C:f'q otJ- ~o~ <:fCJ ':J~~ ~l> ~~ ~~ ~t$\ m ~~Wt nrr~A ~-..-...,-.r_~ I-+- Revenue - - Expenditures I 3 Citations Issued to Violations · Approximately 22%> of Violations do not result in a citation 2500 2000 1500 1000 500 ,-------........... ----------- ~ --- ---_c__ o ~... ~~ )~~ )~ ~~o., aJ'q o(} ~o~ <:f'CJ )'b-~ <<~~~ ~... m -^~~?"'''.~-,~ ' "~.'l 'q' Wi'..... . I-+- Violation - - Citation I Proposed Amendment · Reduces price per existing intersection (9) to $4,000 per month - Annual savings of $91,800 · Contract for a period of 10 years, with two - two year renewal periods · All other terms and conditions remain in effect ID - 1