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Vendor
Subject
Department
Status Code
Amount
Begin Date
End Date
Review Date
Insurance
Comments
Contract Number 3931
DIAMOND PARKING INC
PARKING ENFORCEMENT & REGULATION
CITY CLERK
SVC File Class LEG 12-1
$181739.04
08/10/1998
12/31/2006
02/15/2008
GL
AL
E&O
$2000000.00
$1000000.00
$
Insurance Total
Insurance Review Date
$3000000.00
7/1/2007
Amendment #1-8/04 #2-1/06 #3-1/07
Vault 01/01/2008
CONTRACT MODIFICATION AGREEMENT NO.3
BETWEEN THE CITY OF BREMER TON AND
DIAMOND PARKING SERVICES, LLC
This contract modification agreement specifically amends the Professional Services
Agreement entered into between the City of Bremerton and Diamond Parking, Inc. as
amended on August 17,2004 and January 3, 2006, and as assigned on December 13, 2005,
to Diamond Parking Services, LLC ("Diamond Parking)
All provisions in the Contract shall remain in full force and effect except as expressly modified
by this document.
For valuable consideration and by mutual consent of the parties, the modifications to the
Contract are as follows:
I.
Section 11. Term, is modified as follows:
The term of this agreement shall commence on December 1, 2003 and continue for a period of
three (3)years and one month, expiring on December +.ll, 2006.
Section III. Compensation, is modified to add the following language:
The City shall pay Diamond Parking an amount not to exceed Seventeen Thousand Two
Hundred and Fifty Dollars and No Cents ($17,250.00) as compensation for December 2, 2006
through December 31, 2006.
II.
Diamond Parking accepts all requirements of this Contract Modification by endorsing
below. Diamond Parking further agrees that this Contract Modification constitutes full
and final settlement of all of the Diamond Parking's claims for contract time and for all
costs of any kind. .
Diamond Parking approves the foregoing Contract Modification as to the changes, if any,
in the contract price specified for each item, including any and all supervision costs and
other miscellaneous costs relating to the change in work.
This document will become a supplement of the contract and all provisions will apply
hereto. It is understood that this Contract Modification shaIn be effective when approved
by the City of Bremerton.
CONTRACT MODIFICATION NO.3
The parties whose names appear below warrant that they are authorized to enter into a
contract modification that is binding on the parties of this contract.
IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day
and year first written above.
DIAMOND PARKING SERVICES, LLC
~; 9A~
DATE:
I /~ Ja-.,
CONTRACT MODIFICATION NO.3
TH~. OF~
~ ,/,
f
By Car\' Bozeman
Its Mavor
DATE:
d3()h 7
I I
2
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TEnter Search Criteria, Press Esc Key to Transmit
TPress Del Key to Terminate Delete Mode
T CHANGE Contract Transactions
t Contract Number 3931
Tvendor Name DIAMOND PARKING INC
Tsubject PARKING ENFORCEMENT & REGULATION
TDepartment ADMIN SVCS
TStatus Code SVC
T
T
T
T
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$181739.04 I
08/10/1998 T
12/01/2006 T
09/01:/2006 T
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Insurance
Type Amount
AL $1000000.00
GL $2000000~00
Amount
Beg;in Date
End Date
Review Date
Insurance Total
Insurance Review Date
Comments
AMENDMENT #1-8/04 #2-1/06
$3000000.00
07/01/2006
+--------------------------------------------------------------------------+
CONTRACT MODIFICATION AGREEMENT NO.2
. .
'BETWEEN THE CITY OF BREMERTON AND
DIAMOND PARKING SERVICES, LLC
This can tract madificatian agreement specifically amends the Prafessianal Services
Agreement entered into. between the City af Bremertan and Diamand Parking, Inc. as
. amended On August 17, 2004, and as assigned ~n ~ h~_ /1..lbtK"ta Diamand Parking
Services, LLC ("Diamand Parking)
All provisions in the Contract shall remain in full force and effect except as expressly modified
by this document.
For valuable consideration and by mutual consent of the parties, the modifications to the
Contract are as follows:
I.
Sectian). Scape, is modified as follows: Exhibit A, Scope of Work is modified to delete
paragraph llI(A)(I)(f) as follows:
(f) ~ aDd Paeifie ~A..ve (formerly US HaBle Proeperty)
Sectian III. Campensatian, is modified to add the following language:
. .
The City shall pay Diamond Parking an amount not to .exceed Two Hundred Seven, Thousand
Dollars and No Cents ($207.000.00) as compensation for December 2.2005 through December
1. 2006.
II.
Diamand Parking accepts all requirements af this Cantract Madificatian by endarsing
belaw. Diamand Parking further agrees that this Cantract Madificatian constitutes full
and {"mal settlement af all af the Diama...d Parking's claims far contract time and far all
casts af any kind.
Diamand Parking approves the faregaing Cantract Madificatian as to. the changes, if any,
in' the cantract price sp~cified far each item, including any and all supervisian. casts and
ather miscellaneous casts' relating to. the change in wark.
This dacument ,will becan,e a supplement af the cantract and all pravisions will apply
hereto.. It is understaad that this Cantract Madificatian shall be effective when appraved
by the City af Bremertan.
CONTRACT MODIFICATION NO.2
1
The parties .whase n~~es appear belaw warrant that they are authaOzed to. enter into. a
can tract madificatian that is binding an the parties af this cantract.
IN WITNESS WHEREOF, the parties have executed this Cantract Madificatian an the day
and year first written abave.
.~ry
. ',-/2ya;/
T~N
By Cary Bozeman
Its Mayor
DATE: /"'3 -[) ~
DIAM;OND PARKING SERVICES, LLC
By
Its
DATE:
APPROVED AS TO FORM:
iloo5:~
City
R:\LEGAL\Contracts\ADMIN\200S.12.07 Diamond Parking Contract Modification ,#2.doc
CONTRACT MODIFICATION NO.2
2
December 13,2005
Bremerton City Clerk
239 4th Street
Bremerton, WA 98337
Re: Notice of Intent to Assign Rights and Duties
Under Professional Services Contract
Greetings:
The City of Bremerton and Diamond Parking Inc. are parties to that certain Professional'
Services Agreement ("Agreement") dated December. 1, 2003, as subsequently
amended, for parking enforcement duties, a copy of which is incorporated herein by
reference.
Commensurate with that modification, Diamond Parking Inc. hereby notifies the City of
Bremerton of its desire to assign its- duties, rights, and responsibilities under the
Agreement to its affiliate, Diamond Parking Services LLC.
Section VII, L, of the Agreement provides "Diamond {Parking Inc.} shall not assign any
interest in this agreement without the prior written consent by the City, which shall not
be unreasonably withheld." Accordingly, by this letter, Diamond Parking Inc. requests
that the City of Bremerton approve this request to assign the interests of Diamond
Parking Inc. in the above referenced Agreement to Diamond Parking Services LLC.
Sincerely,
&rl~
CFO I Secretary
(Acceptance on,following page)
~:D~P~
DIAMOND PARKING INC.
Bremerton City Clerk
Notice of Intent to Assign Rights and Duties
Under Professional Services Contract
December 13, 2005
Page 2
City of Bremerton hereby consents to the transfer, assignment, and conveyance
of all rights, interests, title, liabilities, duties, obligations, and claims which arise from or
under the Agreement and accepts Diamond Parking Services LLC as contractor under
the Agreement and releases Diamond Parking Inc. from any further liability under the
Agreement.
Accepted:
City of Bremerton:
Diamond Parking Services LLC:
"v:
,[)J
~ Diamond, Manager
By:
Date:
/- :s - 0(...,.
Date:
~~~ 14.) ~~i)~
Approved as to form:
7~f
..
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Insurance
Type Amount
AL $1000000.00
GL $2000000.00
Amount
Begin Date
End Date
Review Date
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$181739.04 +
08/10/1998 +
12/01/2006 +
08/01/2005 +
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+Enter Search Criteria, Press Esc Key to Transmit
+Press Del Key to Terminate Delete Mode
+ CHANGE Contract Transactions
+ Contract Number 3931
~Vendor Name DIAMOND PARKING INC
iSUbject PARKING ENFORCEMENT & REGULATION
Department ADMIN SVCS
Status Code SVC
+
+
+
~
+
+
I
Insurance Total
Insurance Review Date
$3000000.00
07/01/2005
Comments
COMPENSATION SCHEDULE FOR YR 3 TO BE PROVIDED BY 9/1/05
AMENDMENT #1 - 8/04
+--------------------------------------------------------------------------+
CONTRACT MODIFICATION AGREEMENT NO.1
BETWEEN THE CITY OF BREMERTON AND
DIAMOND PARKING, INC.
THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE
Professional Services Agreement (the "Contract") entered into between the City of Bremerton and
Diamond Parking, Inc., on January 20, 2004.
Whereas, the City has acquired an additional parking lot located in the City of Bremerton at the
comer of 6th Street and Pacific A venue (the former US Bank Property) that needs to be managed;
and
Whereas, Diamond has managed that lot for the previous owner; and
Whereas, the parties wish to amend the Contract to increase Diamond's Scope of Work and increase
their compensation to reflect the additional work contemplated; and
Whereas all other provisions in the Contract shall remain in full force and effect except as expressly
modified by this document.
For valuable consideration and by mutual consent of the parties, the modifications to the Contract
are as follows:
I.
Section I. Scope, is modified as follows: Exhibit A, Scope of Work is modified to add paragraph
III (A) (I) (f) which shall read:
(f) 6th and Pacific Ave (formerly US Bank Property).
Section III. Compensation, is modified as follows:
The original contract amount was $16,418.00 monthly for the first year and $16,582 monthly for the
second year. The City shall pay the Consultant, for the additional work described above, $1200
monthly for a total amended contract amount of $17,618.00 monthly for the first year,
commencing July 1, 2004 and $17,782 for the second year including this Contract
Modification.
II.
Diamond Parking, Inc, accepts all requirements of this Contract Modification by endorsing below.
The undersigned approves the foregoing Contract Modification as to the changes, if any, in the
contract price specified for each item, including any and all supervision costs and other
miscellaneous costs relating to the change in work.
CONTRACT MODIFICATION
Project Number:
This documem will become a supplement of the contract and all provisions will apply hereto. It is
understood that this Contract Modification shall be effective when approved by the City of
Bremerton.
The parties whose names appear below warrant that they are authorized to enter into a contract
modification that is binding on the parties of this contract.
IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day and
year first written above.
Diamond P~?~arking,, Inc/~ f/ -~.r~. ~ ] -- TH~BRE~~
By t/~t/.$~ '/~.4~ By C~ Boa----
Its /~ ~ Its Mayor
DATE: Qf~}~ DATE: ~'
~PROVED AS TO FO~: ATTEST:
Bremenon City Attorney ~y ~i~rk
R: ~L E GAL~Con/ra ct s~FORMS\Conffact Modification (2003).doc
CONTRACT MODIFICATION 2
Project Number:
+Enter Search Criteria, Press Esc Key to Transmit
~Press De1 Key to Terminate Delete Mode
CHANGE Contract Transactions
Contract Number 3931
~Vendor Name DIAMOND PARKING INS
iSubject PARKING ENFORCEMENT & REGULATION
Department ADMIN SVCS
Status Code SVC Ar~ount $181739.04
Begin Date 08/10/1998
Insurance End Date 12/01/2006
Type Amount Review Date 08/01/2005
AL $1000000.00
GL $2000000.00
Insurance Total $3000000.00 ~
Insurance Review Date 07/01/2004
Comments COMPENSATION SCHEDULE FOR YR 3 TO BE PROVIDED BY 9/1/05
May 4, 2004
Bob Duprie, General Manager
Diamond Parking, Inc.
843 Sixth Street, #120
Bremerton, Washington 98337
RE: Professional Services Agreement for Parking Services dated December 1, 2003
Dear Mr. Duprie:
There is a scrivener error in Section III. Compensation (copy enclosed) of the above referenced
Agreement between the City and Diamond Parking, Inc. Line 2 states that the "City shall pay
Diamond in an amount not to exceed $16,418 annually for the first year of this..." The word
'annually' should read 'monthly'. Please sign below to confirm your acceptance of the text
correction and return to my attention. A fully executed copy of this Letter of Agreement will be
sent for your files. Thank you.
aul~a J°~h~t°Interim City ~erk
PJ:ch
enclosure
Ca~ Bozeman, Mayor t~amond Parking Inc.
PROFESSIONAL SERVICES AGREEMENT
DIAMOND PARKING, INC.
The City of Bl~emerton ("City") and Diamond Parking, Inc. ("Diamond" or "Contractor"),
referred to collectively as the "Parties," enter into the following Agreement for professional
services:
I. Scope: Dia~nd agrees to perform the services more specifically described in the Scope
of Work, dated ~C~ ! , 2003, including any attachments thereto , attached hereto as
Exhibit A, which is incorporated by reference herein. Diamond further represents that the
services furnished under this Agreement will be performed in accordance with generally
accepted professional practices in effect at the time such services are performed.
II. Term: The term of this agreement shall commence on December.l, 2003 and ccm~inue
for a period ofthxee (3) years, expiring on December 1, 2006.
III. Compensation: In consideration of the services provided pursuant to this Agreement, the
City shall pay Diamond in an amount not to exceed $16,418 anflm~ly for the first year of this
agreement, from December 1, 2003 to December 1, 2004, and $16,582 for the second year of the
agreement, from December 2, 2004 to December 1, 2005. The City shall make equal monthly
payments on or before the 15th of each month for the services provided. No later than September
1, 2005 Diamond shall provide the City with a proposal for compensation for the remaining term
from December 2, 2005 to December 1, 2006. The City may either 1) approve such proposed
compensation as part of its annual budget; or 2) disapprove of the proposal. If the City
disapproves of the proposal, the City shall either 1) terminate the Agreement, such termination
being effective December I, 2005; or 2) make its own proposal for compensation for the
remaining term of the agreement. If the City makes a proposal for compensation, Diamond may
either 1) accept the proposal; or 2) reject the proposal in which case, the Agreement will
terminate effective December 1, 2005.
Diamond shall not be compensated for work beyond the Scope of Work unless the Scope
of Work or amount of compensation is modified pursuant to this Agreement.
IV. Relationship of Parties: Diamond represents that it is skilled in the matters addressed in
the Scope of Work and is performing independent functions and responsibilities within its field
of expertise. Diamond and its personnel are independent contractors and not employees of the
City. Diamond and its personnel have no authority to bind the City or to control the City's
employees and other contractors. None of the benefits provided by the City to its employees,
including, but not limited to, compensation, insurance, and unemployment insurance are
available from the City to the employees, agents, representatives, or sub-contractors of Diamond.
Diamond will be solely and entirely responsible for its acts and for the acts of Diamond's agents,
employees, representatives and sub-contractors during the performance of this Agreement. The
City may, during the term of this Agreement, engage other independent contractors to perform
the same or similar work.
Bremerton/Diamond
Page I of 5
PROFESSIONAL SERVICES AGREEMENT
DIAMOND PARKING, INC.
The City of Bremerton ("City") and Diamond Parking, Inc. ("Diamond" or "Contractor'),
referred to collectively as the "Parties," enter into the following Agreement for professional
services:
I. Scope: Dia)~qnd agrees to perform the services more specifically described in the Scope
of Work, dated ~ ! ,2003, including any attachments thereto, attached hereto as
Exhibit A, which is incorporated by reference herein. Diamond further represents that the
services furnished under this Agreement will be performed in accordance with generally
accepted professional practices in effect at the time such services are performed.
II. Term: The term of this agreement shall commence on December 1, 2003 and continue
for a period of three (3) years, expiring on December 1, 2006.
III. Compensation: In consideration of the services provided pursuant to this Agreement, the
City shall pay Diamond in an amount not to exceed $16,418 annually for the first year of this
agreement, from December 1, 2003 to December 1, 2004, and $16,582 for the second year of the
agreement, from December 2, 2004 to December 1, 2005. The City shall make equal monthly
payments on or before the 15th of each month for the services provided. No later than September
1, 2005 Diamond shall provide the City with a proposal for compensation for the remaining term
from December 2, 2005 to December 1, 2006. The City may either 1) approve such proposed
compensation as part of its annual budget; or 2) disapprove of the proposal. If the City
disapproves of the proposal, the City shall either 1) terminate the Agreement, such termination
being effective December 1, 2005; or 2) make its own proposal for compensation for the
remaining term of the agreement. If the City makes a proposal for compensation, Diamond may
either 1) accept the proposal; or 2) reject the proposal in which case, the Agreement will
terminate effective December 1, 2005.
Diamond shall not be compensated for work beyond the Scope of Work unless the Scope
of Work or amount of compensation is modified pursuant to this Agreement.
IV. Relationship of Parties: Diamond represents that it is skilled in the matters addressed in
the Scope of Work and is performing independent functions and responsibilities within its field
of expertise. Diamond and its personnel are independent contractors and not employees of the
City. Diamond and its personnel have no authority to bind the City or to control the City's
employees and other contractors. None of the benefits provided by the City to its employees,
including, but not limited to, compensation, insurance, and unemployment insurance are
available from the City to the employees, agents, representatives, or sub-contractors of Diamond.
Diamond will be solely and entirely responsible for its acts and for the acts of Diamond's agents,
employees, representatives and sub-contractors during the performance of this Agreement. The
City may, during the term of this Agreement, engage other independent contractors to perform
the same or similar work.
Bremerton/Diamond
Page 1 of 5
As an independent contractor, Diamond is responsible for its own management. The
City's administration and enforcement of this Agreement shall not be deemed an exercise of
managerial control over Diamond or its personnel.
As an independent contractor, Diamond is responsible for payment of ail taxes and
licensing fees necessary to perform its obligations under this Agreement. These taxes and fees
include but are not limited to State industrial insurance, Business & Occupation, State
professional licensing, and City business licensing. If any taxes or fees due the City have been
declared delinquent, the City may withhold the delinquent amount, plus any additionai charges
arising from the delinquency, from any payments due Diamond.
V. Indemnification: Diamond shall defend, indemnify and hold the City, its officers, officiais,
employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the negligent
or otherwise deficient performance of this Agreement, except for that portion of the injuries and
damages caused by the City's sole negligence.
The City's review or acceptance of any of the work when completed shall not be grounds
to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to
RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the Contractor
and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability
hereunder shall be only to the extent of the Contractor's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S
WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY
FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER
ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
VI. Insurance: Diamond shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, its agents,
representatives, employees, and/or sub-contractors.
Before beginning work on the project described in this Agreement, the Contractor shall
provide a Certificate of Insurance evidencing:
1. Automobile Liabili .ty insurance with limits no less than $1,000,000 combined single
limit per accident for bodily injury and property damage; and
2. Commercial General Liabilit3, insurance written on an occurrence basis with limits no
less than $1,000,000 combined single limit per occurrence and general aggregate for
BremertorffDiamond
Page 2 of 5
personal injury, bodily injury and property damage. Coverage shall include but not be
limited to: blanket contractual; products/completed operations/broad form property
damage; and employer's liability; and
Any payment of deductible or self insured retention shall be the sole responsibility of the
Diamond.
All required policies shall be provided on an "occurrence" basis.
The City shall be named as an additional insured on the Commercial General Liability
insurance policy, as respects work performed by or on behalf of the Contractor and a copy of an
endorsement that is acceptable to the City, which names the City as an additional insured shall be
attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of
all the required insurance policies and endorsements. The City further reserves the right to reject
any unacceptable policies and/or endorsements.
The Contractor's Commercial General Liability insurance shall contain a clause stating
that coverage shall apply separately to each insured against whom claim is made or suit is
brought, except with respects to the limits of the insurer's liability.
The Contractor's insurance shall be primary insurance as respects the City and the City
shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of
any cancellation, suspension or material change in coverage.
The City also reserves its unqualified fight to require at any time and for any reason,
proof of coverage in the form of a duplicate of the insurance policy with all endorsements as
evidence of coverage.
VII. General Conditions:
A. Ownership of Work Product: All data, materials, reports, memoranda, and any other
documents developed under this agreement whether complete or not shall become the property
of the City, and shall be forwarded to the City as requested by the City. The City agrees that if it
uses products forwarded by Diamond for purposes other than those intended by this agreement, it
does so at its own risk and agrees to hold Diamond harmless therefrom.
B. Work Performed at Contractor's Risk: Contractor shall take all precautions necessary
and shall be responsible for the safety of its employees, agents, and sub Contractors in the
performance of the work hereunder and shall utilize all protection necessary for that purpose.
All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss
of or damage to materials, tools, or other articles used or held for use in connection with the
work.
C. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement
between the Parties, and the Parties acknowledge that there are no other agreements, written or
oral, that have not been set forth in the text of this Agreement.
Bremerton/Diamond
Page 3 of 5
D. Severability: Should any part of this Agreement be found void, the balance of the
Agreement shall remain in full force and effect.
E. Modification: This Agreement may only be modified by written instrument signed by
both Parties.
F. Written Notices: All communications regarding this Agreement shall be sent to the
parties at the addresses listed below by registered or 1st class mall, or by personal service, and
shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement
or such other address as may be hereafter specified in writing.
Copy To:
City Address Contractor Address City Manager
City Clerk Jon Diamond Diamond Parking
239 4th Street 3161 Elliot Avenue PO Box 809
Bremerton Seattle Bremerton
WA 98337 WA 98121 WA 98337
G. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a
waiver of that provision. Waiver of any fight or power arising out of this Agreement shall not be
deemed waiver of any other right or power.
H. Non-Waiver of Breach: The failure of the City to insist upon strict performance of
any of the covenants and agreements contained herein, or to exercise any option herein conferred
in one or more instances shall not be construed to be a waiver or relinquishment of said
covenants, agreements or options, and the same shall be and remain in full force and effect.
I. Compliance with Laws: Diamond shall comply with all applicable Federal, State, and
local laws in performing its obligations under this Agreement.
J. Choice of Law and Venue: This Agreement shall be interpreted according to the laws
of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement
shall be brought in Kitsap County Superior Court.
K. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions
herein, each party shall pay all its own costs and attorney's fees.
L. Assignment: Diamond shall not assign any interest in this agreement without the prior
written consent by the City, which shall not be unreasonably withheld. Any assignment of this
agreement by the Contractor without the written consent of the City shall be void; provided,
however, that claims for payment under this agreement may be assigned.
VIII. Nondiscrimination: Contractor shall not discriminate in employment or services to the
public on the basis of race, color, national origin, sex, religion, age, marital status, or disability,
except for employment actions based on bona fide occupational qualification.
Bremerton/Diamond
Page 4 of 5
IX. Termination: This Agreement may be terminated, at will, by either party upon sixty (60)
days notice. This Agreement may be immediately terminated for cause by a Party if the other
Party substantially fails to perform through no fault of the terminating Party, and the non-
performing Party does not commence correction of the failure of performance within five (5)
days of the terminating Party's sending notice to the non-performing Party.
Rights Upon Termination: In the event of termination, the City shall pay for all services
satisfactorily performed by Diamond to the effective date of termination, as described on a final
invoice submitted to the City. After termination, the City may take possession of all records and
data within the Contractor's possession pertaining to this contract which may be used by the City
without restriction. Any such use not related to the project which Contractor was contracted to
perform shall be without liability or legal exposure to the Contractor.
CITY OF BREMEfeT-9~ CONTRACTOR
its: ]t~.a~9}- its:
Date: /- .~0- 0 ~ Date: I q Iq/07
Br~on Ci~mey ~t~ ~er~~ ....
Bremerton/Diamond
Page 5 of 5
Exhibit A - Scope of Work
I. General Provisions
A. Vehicles: Diamond is responsible for supplying its transportation requirements
including regulatory vehicles used in the performance of on-street enforcement
duties.
1. All vehicles used by Diamond in its performance of this Agreement shall:
(a) Be clearly identified as performing parking enforcement;
(b) Be operated at all times in compliance with all state and local motor
vehicle laws;
(c) Have a prominent sign on the rear of the vehicle warning of frequent
stops.
2. Upon request, the City agrees to maintain Diamond's regulatory vehicles
under the following conditions.
(a) In consideration for the services provided, Diamond shall pay the City the
actual cost of parts, supplies, and subcontracted repairs used in the
maintenance and repair of Diamond vehicles, together with shop time at
the rate of Sixty five and no/100 Dollars ($65.00) per hour for the time
spent in performing the repairs and maintenance.
(b) Preventative maintenance of Diamond's vehicles will be performed at the
same intervals and to the same standards as the City's non-emergency
vehicles. Other repairs shall be performed on an "as-needed" basis.
(c) The City shall provide Diamond with an invoice and supporting
documents on a monthly basis. Payment shall be due thirty (30) days after
mailing by the City.
(d) The City will provide Diamond ninety (90) days notice of discontinuation
of maintenance of any vehicle due to the end of feasible service life upon
which the City will no longer maintain the vehicle on the above terms.
3. Foot and bike enforcement may be used by Diamond personnel in lieu of
vehicles, as long as adequate patrol area coverage is maintained and
compliance is met with all State and local pedestrian and bicycle laws.
Ex. A
Diamond Parking
Scope of Work
/~-/-O ~ Page 1 of 11
B. Personnel and Staffing
1. Diamond will maintain staffed office hours Monday through Friday from 7:30
a.m. to 6:00 p.m.
2. Diamond will staff on/off street parking regulation and maintain enforcement
hours pursuant to their discretion or as directed by the City to include:
(a) On Street Enfomement - Patrolled with 505 hours monthly as follows:
i. Emphasis hours to be performed during peak parking and collection
demand times.
ii. Minimum of two weekday early shifts beginning at 4:00 a.m. per
month.
iii. Minimum of two weekday late shifts ending after 8:00 p.m. per month.
iv. Minimum of three hours per weekend for collections and patrols.
(b) Off Street Enfomement - Patrolled with 104 hours monthly as follows:
i. Enfomement of each off street parking location every day during the
term of this contract.
ii. Enforcement at a minimum of three hours per each weekend day.
iii. Enforcement at a minimum of four hours per weekday.
3. Diamond shall be responsible for all aspects of recruitment and selection of
parking enforcement personnel.
(a) Individuals selected to enforce on street regulations must qualify for a
Limited Commission from the City of Bremerton Police Department.
(b) Diamond shall employ only persons competent and skilled in the
performance of the work assigned to them and shall provide skilled
responsible supervision for such person. Diamond's employees shall:
i. Not carry a firearm or other type of weapon while on duty;
ii. Be in reasonably good health and taking no medication that would
tend to effect work performance;
iii. Be polite and courteous to all citizens; and
iv. Comply with all existing State and local motor vehicle laws.
Ex. A
Diamond Parking
Scope of Work
Page 2 of 11
4. Limited Commission - Diamond shall provide the City of Bremerton Police
Department with all personnel information required to investigate and issue a
Limited Commission. The City shall review all information regarding a
prospective enfomement employee prior to authorization of issuance of a
Limited Commission. The City shall have the right, in its sole discretion, to
refuse to issue a Limited Commission.
5. The following criteria shall be used in determining eligibility for a Limited
Commission:
(a) Possession of a high school diploma or G.E.D. Certificate;
(b) Successful completion of a background check;
(c) Successful completion of a reference check;
(d) Possession of a current and valid Washington State Driver's License; and
(e) No record of driver's license suspension or revocation.
6. Revocation of Limited Commission - Diamond is responsible for discipline
and/or termination of employees with Limited Commissions. Limited
Commissions may be revoked by the City under the following circumstances:
(a) False information on application or provided during the interview process,
or discovery of information that, in the opinion of the City would
otherwise disqualify a person from consideration;
(b) Failure to maintain a current and valid Washington State Driver's License;
(c) Use of illegal drugs or alcohol in the workplace, or being under the
influence of drugs or alcohol in the workplace;
(d) Conviction of a misdemeanor or felony; or
(e) Any other reason that makes the employee unsuitable for a Limited
Commission.
7. As a condition of employment, all employees, including Diamond's managers
and supervisors are subject to pre-employment drug and alcohol abuse
screening. Random drug and alcohol screening shall also be required
throughout the term of this contract.
8. Diamond shall provide all enforcement persoimel with professional appearing
uniforms consisting of shirts, trousers and jackets. Uniform jackets and shirts
have attached patches on the sleeves with an emblem designating the wearer
as official parking enfomement personnel. Uniform design must be approved
Ex. A
Diamond Parking
Scope of Work
Page 3 of 11
by the City. All enforcement personnel must carry photo identification and a
copy of their commission while on duty. All personnel are to be in complete
uniforms at any time they are engaged in enfomement duties, or appearing in
court in matters relating to their employment.
9. Diamond shall be responsible for assuring employee compliance with all laws
and regulations, compliance for all employment related laws and regulations,
responding to inspections/audits by regulatory agencies and the City, and will
pay any fines or assessments levied by regulatory agencies.
C. Communications
1. All enforcement personnel shall have ready access to their supervisor and to
the Bremerton Police Department.
2. Diamond shall maintain an Office in Bremerton and shall maintain a twenty
four (24) hour telephone number accessible by the City. During patrol and
parking enforcement hours a Diamond supervisor will be on call within a 30
minute response time. After office hours the Diamond supervisor shall be
accessible by mobile phone.
3. On street enforcement personnel shall have the ability to communicate with
emergency services providers and the Department of Motor Vehicles
information system.
4. City Contacts shall be as follows:
(a) For enforcement - Bremerton Police Department.
(b) For Contract Administration/Project Manager - City Clerk's Office.
(c) For violations/Notice of Infractions - Municipal Court.
5. Diamond Contacts shall be as follows:
(a) City General Manager
(b) Supervisor
D. Training
1. Diamond shall be responsible for complete training of parking enforcement
personnel. Training shall include, but not be limited to:
(a) Customer Service and expectations;
(b) Dealing with difficult people;
Ex. A
Diamond Parking
Scope of Work
Page 4 of 11
(c) Conflict Management and dispute resolution;
(d) Civil rights law and procedures;
(e) Municipal code and ordinances relating to parking enforcement;
(f) Giving testimony and courtroom procedures;
(g) Job procedures and emergency protocol;
(h) Job safety as required by OSHA/WISHA; and
(i) Public Safety.
E. Record Keeping and Reports
1. All revenue collections, deposits and reporting procedures shall be in
accordance with City Treasurer requirements. Upon the commencement date
of this contract, any new banking requirements that result in additional service
fees will be paid by the City.
2. Diamond is responsible for all employment related record keeping and, upon
request by the City, shall provide personnel and training information for each
employee.
3. Each Enforcement Officer shall maintain a daily log book of conversations,
complaints and unusual circumstances that occur while performing work
duties. The log book shall be kept current and up to date at the end of each
shift. In addition each Enforcement Officer shall include in the daily activity
log by day, date, hour and location the following:
(a) Number of citations issued;
(b) Number ofwamings given;
(c) Number of impounds;
(d) Number of Parking related service requests from citizens;
(e) Hours on duty; and
(f) Location and hour of handicap parking enforcement;
4. Inspection: Diamond shall keep all records related to this contract to include,
but not limited to; the records listed above for at least six (6) years following
expiration or termination of this agreement, or deliver the records to the City.
Diamond shall keep all records in its regular business and shall keep the
Ex. A
Diamond Parking
Scope of Work
Page 5 of 11
records in an orderly manner as may be directed by the City to assure easy
access and reference to the records and shall make all records available for
inspection and copying by the City during business hours.
5. Reports - The City requires that the enforcement personnel follow pre-
approved patrol routes. Diamond will be responsible for proposing patrol
routes and schedules, and the method (reports) by which the City Project
Manager will be kept informed. The City requires assurance that coverage is
adequate, fair, regular and consistent. The City may make additions or
deletions to the following list of required reports at its discretion. The
following is the minimum requirement for reports that shall be prepared by
Diamond and transmitted to the City:
(a) Monthly summary of activities showing total work hours, patrol and non-
patrol; customer service hours; and records of court time.
(b) Monthly summary of ticket activity including the number of tickets by
infi'action type, by street area, and a list of voided tickets with an
explanation as to why the tickets were voided. This report shall be
provided to the Municipal Court.
(c) Written reports on all complaint phone calls or on street complaints to
officers on Duty. Upon request, written complaint logs, including the
names of the parties involved, telephone numbers and addresses (if
known) the nature of the complaint, and action taken, shall be available for
inspection by the City.
(d) Monthly reports containing the above data shall be furnished to the City
no later than the 20th of each month for the preceding month.
F. Court Appearance - Diamond's employees shall appear in Municipal Court
promptly and prepared to testify when required in parking related cases. The City
will provide training and support, at the City's discretion, related to Municipal
Court cases.
II. On-Street Parking Enforcement
A. Enforcement Duties- On-Street Parking. Enforcement as described below.
Services to be provided shall include, but are not limited to
1. Regulation of on street parking including but not limited to the central
downtown and residential zones as outlined in Exhibit A, as well as areas
identified through complaints, referrals or random patrols and at the discretion
of Diamond, subject to the direction of the City pursuant to the hour
requirements of paragraph I (B).
Ex. A
Diamond Parking
Scope of Work
Page 6 of 11
2. Issue Notices of Infraction for violations of parking ordinances when and
where appropriate.
3. Prepare affidavits and reports for parking infractions, violations, and
incidents.
4. Perform parking surveys required for Residential Parking Permit applications.
5. Post zone status change notices.
6. Enforce all parking ordinances as contained in the Bremerton Municipal
Code, Title 10, as amended and State law.
B. Citation Issuance: Diamond shall:
1. Pick up handheld computers at the Municipal Court Office. Submit handheld
computers to the Municipal Court office at specified times for
uploading/downloading of daily citation activity. (Times depend on shift
assignments).
2. Be responsible for Handhelds that are damaged due to negligent or deficient
care or loss. City retains ownership of Handhelds.
3. Provide written requests for declaration of nuisance vehicles.
4. Notify court if not available for court appearances.
5. Provide affidavits for contested hearings.
C. Junk and Abandoned Vehicles
1. Enforce abandoned vehicles procedures in accordance with State and local
laws, including, but not limited to:
(a) Receiving complaints of abandoned vehicles;
(b) Checking registration to ascertain if vehicle has been reported as stolen;
(c) Determine whether vehicle is operable;
(d) Attempt to contact registered owner;
(e) Notify registered owner of pending impoundment;
(f) Impound vehicle;
2. Facilitate Junk vehicle procedures on private property in accordance with
State and local laws, including but not limited to:
Ex. A
Diamond Parking
Scope of Work
Page 7of 11
(a) Receiving complaints regarding junk vehicles;
(b) Visit property, as directed, and based on statutory definitions, determine if
the vehicle is declarable as "junk." If declared as junk:
i. Identify the registered owner of the vehicle;
ii. Provide property owner with Junk Vehicle Verification, Notification
and Affidavit.
III. Paid Parking Enforcement
A. Scope of Services
1. Duties - Paid Parking. Diamond shall manage, operate and promote City
owned parking facilities and on-street pay box parking. Parking facilities are
located in the downtown area of the City as follows:
(a) 507 Park Avenue;
(b) 4th and Washington Avenue;
(c) 300 Park Avenue;
(d) 301 Park Avenue; and
(e) Pay boxes listed as Item 5 on Exhibit A.
i. City shall retain ownership of currently installed on-street pay boxes.
ii. Diamond shall retain ownership of Diamond installed/supplied off
street pay boxes.
2. Responsibilities - Diamond shall:
(a) Pay all direct operating costs of operating the above listed facilities
including, but not limited to labor, supervision, bookkeeping, and
janitorial services.
(b) Provide meter boxes for customer self-parking at centralized locations
within each off-street parking facility.
(c) Post City approved parking rates and regulations on all off street parking
facilities.
(d) Collect all on-street and off-street meter box revenues and deposit in City
designated accounts on a daily basis.
Ex. A
Diamond Parking
Scope of Work
Page 8 of 11
(e) Keep parking facilities open and available for parking 24 hours per day,
seven days per week unless otherwise directed and approved by the City.
(f) Inspect all parking facilities as necessary and prudent to ensure that all
parking has been paid and that all parking regulations are followed, and
that the facilities are reasonably safe and clean. Inspections and
collections will be conducted seven (7) days per week. Checking
schedules will be based on usage patterns and approved by the City.
(g) Market parking facilities to ensure their maximum utilization.
(h) Be responsible for maintenance of the parking facilities, including, but not
limited to:
i. Cleanliness of all off-street parking facilities;
ii. Immediately notify the City of any condition in need of repair or
remediation;
iii. Notify the City of landscaping maintenance needed for any City
owned lots;
iv. Keeping all drains clear of debris;
v. Keeping pedestrian walks and ramps and vehicle driving surfaces free
from snow and ice to prevent personal injury and property damage;
vi. Reporting all acts of vandalism and all irregularities and nuisances
occurring in City parking facilities to City Police and City Project
Manager;
vii. Shall, on a monthly basis, submit to the City Project Manager, a
summary report of reported acts of vandalism and all other
irregularities and nuisances occurring in City parking facilities;
(i) Janitorial Services in Parking Garage at 4th and Washington:
i. Daily At A Minimum:
(i) Check trash bins and empty as needed;
(ii) Pick up any litter within the structure;
(iii) Sweep, damp mop and clean interior of elevator car;
(iv) Maintain a clean appearance around all entrances and lobby
area;
Ex. A
Diamond Parking
Scope of Work
Page 9 of 11
(v) Clean, as needed, outside sidewalk areas and pick up any
litter;
(vi) Check that all storage rooms, elevator equipment room, and
electrical room doors are locked and secure;
(vii) Report any graffiti immediately to the City's representative.
ii. Weekly In Addition to Dally:
(i) Sweep both stairwells, elevator landing and pay box
locations;
(ii) Mop elevator car and lobby area with an aromatic
disinfectant solution;
(iii) Wipe down and clean elevator door and walls, clean elevator
doors on each floor;
(iv) Spot sweep and remove any dirt and debris from parking
stalls and driving areas as needed;
(v) Wipe down and clean all hand mils in stairwells and ramp
areas;
(vi) Check all lights, report any deficiencies to the City
representative.
iii. Monthly In Addition to Weekly:
(i) Remove cobwebs and other debris from stairwells, the
building interior and other ceiling areas;
(ii) Check and clear any floor drains in parking areas;
(iii) Clean interior plexiglass panels with a glass cleaner approved
by the City;
(iv) Use power blower or similar equipment to clean main driving
areas as possible;
(v) Clean all convex mirrors with a glass cleaner approved by the
City;
(vi) Check all fire extinguishers, report any deficiencies to the
City representative.
Ex. A
Diamond Parking
Scope of Work
Page 10 of 11
iv. Quarterly In Addition to Monthly:
(i) Use power blower or similar equipment to clean all parking
stalls and driveways to remove dirt and debris;
(ii) Check ail convex mirrors for damage to mirrors or support
brackets and report any deficiencies to the City
representative.
v. Annually:
(i) Pressure wash and clean all parking stalls and driving areas;
(ii) Pressure wash and clean ail waikway ramps and stairwells.
vi. Storage Rooms:
(i) Storage rooms are provided for use by the City of Bremerton
and contracted services only;
(ii) Storage rooms are to be kept clean, dry, odor-free and orderly
at all times;
(iii) All wet and dry trash and garbage is to be immediately
disposed of and placement into storage rooms is prohibited;
(iv) Storage room locks shall not be changed without City
approvai;
(v) All storage rooms are subject to inspection at any time by the
City representative.
(j) Assist the City with special event parking.
Ex. A
Diamond Parking
Scope of Work
Page 11 ofll
EXHIBIT A
PATROLLED AREAS
1. BREMERTON CITY LIMITS on a complaim and/or referral basis.
2. CENTRAL DOWNTOWN ZONE- including but not limited to:
100-200 blk. 1st Street
100-200 blk. 2na Street
200-600 blk. 4th Street
200-600 blk. 5th Street
100-800 blk. Pacific Avenue
200-500 blk. Burwell Street
400-600 blk. Park Avenue
3. WEST RESIDENTIAL ZONES- including but not limited to:
2600 & 2800 blk. 1 St 100 blk. Ranier
1000-2100 blk. 4 th 2900 & 3000 blk Farragut
1000-2100 blk. 5 th 3200 blk Farragut
1000-1700 blk. Burwell 100-400 blk. S. Lafayette
2100 blk. Burwell Place 2900-3300 blk. Porter
200-1000 blk. Chester 300-700 blk. S. Summit
1200-1900 blk. Gregory 3200 blk. Preble
100-300 blk. State 200-500 blk. S. Hartford
100-300 blk. Anoka 300-500 blk. S. Yantic
200, 500-600 blk. High 100, 300, & 600 blk N. Montgomery
900-1200 blk. High 400-500 blk S. Charleston
200-1000 blk. Hewitt 2600-2800 blk. Rodgers
400-1200 blk. Veneta 3000, 3200 blk. Rodgers
100 blk. Olympic 100-300 blk. S. Cambrian
300-800 blk. Olympic 100 blk. N. Cambrian
100 blk. Arvon 100 & 300 blk. S. Wycoff
100 blk. Bloomington 100 & 300 blk. N. Wycoff
4. EAST RESIDENTIAL ZONES- including but not limited to:
600-1100 blk. Pleasant Ave 200, 500-700 blk. 9TH
600-900, 1100 blk. Highland Ave 1000-1200 blk. 9TH
2000 & 2100 blk. E 1 lth 1500 blk. 9TH
1100 blk Pitt 1900-2000, 2300 blk. 9TH
2000 blk. Harkins 500-800, 1000 blk. 8TH
2300-2400 blk. Holman 1100-2000 blk. 8TH
2500 blk. Cherry Pl. 2100 & 2300 blk. 8TM
900, 1200 blk. Pacific 400-1200 blk. Veneta
800-1100 blk. Cogean 200-1000 blk. Chester
600-700 blk. 12th 600, 800 blk. Broadway
900-1000 blk. 12th 1200 & 1300 Broadway
1400 blk. 12th 800, 1200-2200 blk. l0th
700-1200 blk. Mckenzie 1100, 1300 blk. Lincoln
600-900, 1100-1200 Park 1100-1200 blk. Ohio
1500, 1700 blk. Park 1500 & 1700 blk. Ohio
900-1000 blk. 15th 1100-1200 blk. Sidney
600-800, 1000 blk. Pennsylvania 1000-1200 blk. High
500, 800 blk. 7th 600-700 blk. Roosevelt
1200-2100, 2300' 7th 900-1000 blk. Roosevelt
1100 blk. Elizabeth 100, 300-800 blk. Olympic
900 blk Washington
5. ON STREET PAYBOX COLLECTiON-including but not limted to:
300 blk. 1st St. 200 blk. 5th St.
100 blk. 4th St. 600 blk. 5th St.
800 blk. 4th St. 800 blk. 5th St.
1600 blk. 4th St. 800 blk. Burwell
300 blk. Venetta 200 blk. Warren
100 blk. Chester 100 blk. 2nd St.
tenter Search Criteria, Press Esc Key to Transmit
IPress Del Key to Terminate Delete Mode
CHANGE Contract Transactions
Contract Number 3931
~Vendor Name DIAMOND PARKING INC
Subject PARKING ENFORCEMENT & REGULATION
Department ADMIN SVCS
Status Code SVC
Amount $181739.04
Begin Date 08/10/1998
Insurance End Date 10/09/2003
Type Amount Review Date 11/01/2003
AL $1000000.00
GL $2000000.00
+
Insurance Total $3000000.00
Insurance Review Date 07/01/2004
Comments ONE MONTH EXTENSION PER LETTERS 8/5/02 & 9/10/03
__.AUG, 7. N0,3150 P, 2
August 5, 2003
Jon Diamond, President
Diamond Parking
3161 Elliot Avenue
SeaRle, WA 98337
Re: Professional Services Agreemeat between Di~a~nond Parking and thc City of Bremerton dated
September 10, 2001
Dear Mr. Diamond:
As you should be aware, the Professional S~vic~s Agreement ("Agreement") be~n the City of
Bremerton ("City") and Diamond Parking, Inc. (Diamond) demi September 10, 2001 will expire on
August 9, 2003 pursuant to paragraph 2 of the agre~,ment.
It is ~he desire or,he City to engage Diamond to continue pwviding the services as fully set forth in the
Agreement pending negotiation and ~mution of a new I~rofessional s~rvices agmemen~ he, teen ~
City and Diamond. It is the intent of~he City to ~o ~ngage Diamond on precisely th~ same terms as the
'"a. grlt~.~t four thc period of one (1) month, commencing August I0, 2003 and termina6ng on
~ 8~. For ,~rvices provid~i during this term, City shall pay Diamond Eighteen Thousand
"Eighty-three and No/lO0 Dollars ($18.0~3.00).
~.~6 :~ If Diamond a~'e~s to the above terms, plcas~ indicate Diamond's acccptancc by signing below where
~/-1 ,x indicated, ffyou have any questiorls or concerns, plea~ contaet Paula Johnston at 360 475-5323.
Ca~y Bozeman
Mayor
Diamond Parking agre~ to thc above terms:
DIAMOND PARKING, Inc.
+Enter Search Criteria, Press Eec Key to Transmit
Press Del Key to Terminate Delete Mode
CHANGE Contract Transactions
Contract Number 3931
Vendor Name DIAMOND PARKING INC
+Subject PARKING ENFORCEMENT & REGULATION
Department ADMIN SVCS
Status Code SVC
Amount $181739.04
Begin Date 08/10/1998
Insurance End Date 09/09/2003
Type Amount Review Date 10/01/2003
AL $1000000.00
GL $2000000.00
Insurance Total $3000000.00
Insurance Review Date 07/01/2004
+
~ Comments ONE MONTH EXTENSION PER LETTER 8/5/03
+
Bowman
August 5, 2003
Jon Dien~ond, President
Diamond Parking
3161 Elliot Avenue
Seattle, WA 98337
Re: Professional Services Agreemont between Di~nond Parking and the City of Bremerton dated
Scptember I0, 2001
Deux Mr. Diamond:
As you should be aware, the Professional Services Agrecment ("Agreemem") Intwecn the City of
Bremetton ("City") and Diamond Parking, Inc. (Diamond) dated September 10, 2001 will expire on
August 9, 2003 purSu,~at to paragraph 2 of the agreement.
It is the desire of the City to engage Diamond to continue providing I~e services ~s f~lly ~t forth in the
A~eement pending negotiation and execution of a new lxofessional services agl:emcnl between the
City and Diamond. h is the intent of the City to so engage Diamond on precisely the same tczms as the
Ai[reement for the period of one (l) month, commencing August 10, 2003 and terminating on
S~ptembex 9, 2003. For services provided during this term, City shall pay Diamond Eighteen Thon~and
Eighty-three and No/100 Dollars ($ i 8.083.00).
If Diamond agrees to the above terms, please indicate Diamond's acceptance by signing below where
indicated. If you have any questions or con~nns, please contact Paula Jolmst~n at 360 478-5323.
~ Bor.~nan
Mayor
Diamond Pm'king agre~ to the above terms:
DIAMOND PARK~O, Inc.
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT between the City of Bremerton, a municipal corporation (hereinafter
referred to as "City", and Diamond Parking, Inc., a duly organized corporation, (hereinafter
referred to as "Diamond"),
WITNESSETH:
1. SCOPE: In exchange for compensation as provided below, Diamond shall
provide parking regulator services, enforcement of parking ordinances and management
and operation of City owned parking facilities in the City of Bremerton, as fully described in
Attachments I, II, and III which herewith are fully incorporated in this Agreement as though
fully set forth herein.
2. TERM: This agreement shall commence August 10, 2001 and end August 9, 2003.
This agreement shall be for a period of two (2) years.
This Agreement may be terminated for cause if Diamond fails substantially to perform
through no fault of the City and does not commence correction within five (5) business
days of written notice and diligently completes the correction thereof. In which event all
finished or unfinished documents, reports, or other material or work of Diamond pursuant
to this Agreement shall be submitted to City, and Diamond shall be entitled to just and
equitable compensation at the rate set forth in Paragraph 3 for any satisfactory work
completed prior to the date of termination. The City may terminate this agreement for
convenience with ninety (90) days notice to Diamond.
3. COMPENSATION: For services provided under this Agreement, City shall pay
Diamond, on a monthly basis, Seventeen Thousand Seven Hundred Twenty-eight and
No/100 Dollars ($17,728.00) for the first year. The City shall pay Diamond Eighteen
Thousand Eighty-three and No/100 Dollars ($18,083.00) per month the second year,
equating to a 2% inflation adjustment for year 2. City shall pay said monthly fee on or
before the 15th day of each month for services provided through the last day of the
preceding month.
4. DISCRIMINATION AND COMPLIANCE WITH LAWS:
a. Diamond agrees not to discriminate against any employee or applicant for
employment on any other person in the performance of this Agreement because of
race, creed, color, national origin, marital status, sex, age, disability, or other
circumstance prohibited by federal, state, or local law or ordinance, except for a
bona fide occupational qualification.
b. Violation of this Paragraph 4. shall be a material breach of this Agreement
and grounds for cancellation, termination or suspension of the Agreement by the
City, in whole or in part, and may result in ineligibility for further work for the City.
5. OWNERSHIP OF WORK PRODUCT: All data, materials, reports, memoranda, and
any other documents developed under this Agreement whether finished or not shall
become the property of the City, and shall be forwarded to the City at its request and may
be used by the City as it sees fit. The City agrees that if it uses products forwarded by
Diamond for purposes other than those intended in this Agreement, it does so at its sole
risk and agrees to hold Diamond harmless therefrom.
6. LICENSES AND TAXES: Diamond shall possess a current Bremerton City
Business License and any regulatory license(s) required to fulfill the obligations of this
Contract. Business and Occupation Taxes shall be paid when due and Diamond, by this
Agreement assigns any payments due under this Agreement to the City Clerk for payment
of such taxes which have been, or may in the future, be declared delinquent. City is
responsible for taxes on gross revenues on City parking locations.
7. INSURANCE AND HOLD HARMLESS: Prior to and during the performance of the
work covered by this Agreement, Diamond shall provide the Risk Manager for the City with
evidence that it has obtained and maintains in full force and effect during the term of this
Agreement comprehensive general liability insurance coverage of at least $1,000,000.00
per occurrence and automobile general liability insurance coverage of at least
$1,000,000.00 per occurrence and parking regulator vehicle liability insurance for City
owned vehicles to be approved by the Risk Manager. The City shall be named as
additional insured. The Risk Manager shall be provided thirty (30) days written notice of
any cancellation of said insurance.
Diamond shall include all subcontractors as insureds under its policies or shall require
subcontractors to provide their own coverage. All coverages shall be subject to all of the
requirements herein stated.
Diamond also agrees to defend, indemnify and save harmless the City, its appointed and
elected officers and employees, from and against any and all liability, loss, costs, damage
and expense, including costs and attorney fees in defense thereof because of actions,
claims or lawsuits for damages resulting from personal or bodily injury, including death at
any time resulting therefrom, sustained or alleged to have been sustained by any person or
persons and on account of damage to property, arising or alleged to have risen directly or
indirectly out of or in consequence of or the performance of this Agreement, whether such
injuries to persons or damage to property is due to the negligence of Diamond, its
subcontractors, agents, volunteers, successors or assigns. This provision shall be
inapplicable to the extent the City is judicially found solely negligent for such damage or
injury.
2
8. GENERAL CONDITIONS
a. Assignability: Diamond shall not assign any interest in this Agreement and
shall not transfer any interest in same (either by assignment or novation) without the
prior written consent of the City thereto, which consent shall not be unreasonably
withheld; provided, however, that claims for payment under this Agreement may be
assigned.
b. Extent of Agreement: This Agreement, together with Attachments I, II, III
and Exhibit A, represents the entire and integrated Agreement between the
parties hereto and supersedes all prior negotiations, representations, or
agreements, either written or oral. This Agreement may be amended, modified or
added to only by written instrument properly signed by both parties hereto.
c. Notices: Any notices required to be given by the City to Diamond or by
Diamond to the City shall be in writing and delivered to the following parties at the
addresses listed.
Copy To:
City Clerk Jon Diamond City Manager
City of Bremerton Diamond Parking Diamond Parking
239 4th Street 3161 Elliot Avenue P.O. Box 809
Bremerton, WA 98337 Seattle, WA 98121 Bremerton, WA98337
d Waiver: Failure by the City to insist upon strict compliance with any terms,
covenants or conditions of this Agreement shall not be deemed a waiver of such,
nor shall any waiver or relinquishment of such right or power at any time be taken
to be a waiver of any other breach.
e. Compliance with Federal, State and Local Laws: Diamond agrees to
comply with all applicable local, state, federal laws in performance of all services
under this Agreement.
f. Applicable Law; Venue: This Agreement shall be construed and interpreted
in accordance with the laws of the State of Washington and, in the event of dispute,
the venue of any action brought hereunder shall be in Kitsap County Superior Court.
The agreement is further subject to any applicable laws of this State. Any mandate
of a State law shall supersede all provisions herein.
9. RELATIONSHIP OF PARTIES: The parties understand and agree that Diamond is
a firm skilled in matters pertaining to enforcement of parking ordinances and parking facility
management and will perform independent functions and responsibilities in the areas of its
particular field of expertise. Diamond and its personnel shall act as independent
contractors and not employees of the City. As such, they have no authority to bind the City
or control City employees, contractors or other entities. In the performance of duties and
obligations of this Agreement, Diamond shall work under the direction of the Administrative
Services Director of the City or her designee.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed
the day and year first above written.
CITY OF BREMERTON DIAMOND PARKING
LYIqR S. HORTON, Mayor JO~l DIAMOND, President
DEPARTMENTAL APPROVAL:
KATHLEEN McCLUSKE2'Y,
Administrative Services Director
LOREN D. COMBS,
Interim City Attorney
RECEIVED FOR FILING:
4
ATTACHMENT I
GENERAL PROVISIONS
A. Vehicles
Diamond is responsible for supplying it's transportation requirements including
regulatory vehicles used in performance of on-street enfomement duties.
1. All vehicles used by enforcement personnel shall be clearly identifiable as
performing parking enforcement.
2. Vehicles shall be operated at all times in compliance with all state and
local motor vehicle laws.
3. The rear of all patrol vehicles shall have a sign warning of frequent vehicle
stops.
4. The City agrees to maintain Diamond's regulatory vehicles under the
following conditions:
a. In consideration for the services provided, Diamond shall pay the City
the actual cost of parts, supplies and subcontracted repairs used in the
maintenance and repair of Diamond vehicles, together with shop time at the
rate of Fifty and No/100 Dollars ($50.00) per hour for the time spent in
performing the repairs and maintenance.
b. Preventative maintenance of Diamond's vehicles will be performed at
the same intervals and to the same standards as the City's non-emergency
vehicles. Other repairs will be performed on an as needed basis.
c. The City will provide Diamond with an invoice and supporting
documents on a monthly basis. Payments will become due thirty (30) days
after mailing by the City.
d. The City will provide Diamond ninety (90) days notice of
discontinuation of maintenance of any vehicle due to end of feasible service
life upon which the City will no longer maintain the vehicle under the above
terms.
e. The City will honor current rate/repair schedules and fees for the term
of the agreement.
5
5. Foot and bike enfomement may be used by personnel in lieu of vehicles, as
long as adequate patrol area coverage is maintained and compliance is met with all
State and Local pedestrian and bicycle laws.
B. Personnel and Staffing
1.Diamond will maintain staffed office hours as follows:
Monday through Friday, 7:30 a.m. through 6:00 p.m.
2. Diamond will staff on/off street parking regulation and maintain
enforcement hours as directed by the City.
a. On Street Enforcement - patrolled with 505 hours monthly as follows:
1) Emphasis hours to be performed during peak parking and
collection demand times.
2) Minimum of two weekday early shifts beginning at 4 a.m. per
month.
3) Minimum of two weekday late shifts ending at 8 p.m. per month.
4) Minimum of three hours per weekend for collections and
patrols.
b. Off Street Enforcement - patrolled with 104 hours monthly as follows:
1) Enforcement of each off street parking location 365 days per
year (every day).
2) Enforcement at a minimum of three hours per each weekend
day.
3) Enforcement at a minimum of four hours per each weekday.
Adjustments to hours of enforcement and/or routes will be made as necessary
pursuant to Section I Special Provisions of this agreement.
3. Diamond will be responsible for all aspects of recruitment and selection of
parking enforcement personnel.
a. Individuals selected to enforce on street regulations must qualify for
a Limited Commission from the City of Bremerton Police Department.
b. Diamond shall employ only persons competent and skilled in the
performance of the work assigned to them and shall provide skilled and
6
responsible supervision of such persons.
c. Diamond's employees must be in reasonably good health and taking
no medication that would tend to effect work performance.
d. Diamond's employees shall not carry a firearm or any type of weapon
while on duty.
e. Diamond's personnel shall be polite and courteous to all citizens.
Confrontations are to be avoided if at all possible.
f. Diamond's employees shall be required to speak and write English so
that they may be easily understood.
g. Diamond's employees are not to imply that they are Police Officers.
h. Diamond's employees shall comply with all existing state and local
motor vehicle laws while operating in the City.
4. Limited Commission - Diamond shall provide City of Bremerton Police
Department with all personnel information required for issuing a Limited
Commission. The City shall review all background forms and information gathered
on prospective enforcement employees prior to authorizing issuance of a Limited
Commission. The following criteria are used in determining eligibility for a Limited
Commission:
a. Possession of a high-school diploma or G.E.D. Certificate.
b. Physical and mental capacity for performance of duties.
c. Ability to give and follow oral and written instructions in English.
d. Ability to effectively communicate with public and City officials.
e. Ability to remain calm and use good judgement and initiative in an
emergency.
f. Successful completion of a background check for outstanding warrants
or any felony convictions or misdemeanors involving theft.
g. Successful completion of reference check.
h. Possession of a current and valid Washington State Driver's License.
i. No record of driver's license suspension or revocation.
7
5. Revocation of Limited Commission - Diamond is responsible for discipline
and/or termination of employees with Limited Commissions. If commissioned,
Limited Commissions may be revoked by the City under the following
circumstances:
a. False information on application or provided during the interview
process, or discovery of information that, in the opinion of the Police
Department would otherwise disqualify the person from consideration.
b. Failure to maintain a current and valid Washington state Driver's
License.
c. Use of illegal drugs or alcohol in the workplace.
d. Conviction of a misdemeanor or felony or consistent non-professional
or any unlawful behavior during the course of employment.
6. Diamond shall not use discriminatory hiring practices in regard to ethnic
origin, race, religion, sex, and physical or mental disability.
7. As a condition of employment, all employees, including Diamonds's
managers and supervisors are subject to pre-employment drug and alcohol abuse
screening. Random drug and alcohol screening shall also be required throughout
the term of this contract.
C. Communications
1. All enforcement personnel shall have ready access to their supervisor
and to Bremerton Police Department.
2. Diamond shall maintain an office in Bremerton and shall maintain a twenty
four (24) hour telephone number accessible by the City. During patrol and parking
enforcement hours on, a supervisor will be on call with 30 minute response time.
After office hours the Diamond supervisor shall be accessible by pager.
3. On street enforcement personnel shall have the ability to communicate
with emergency services providers and the Department of Motor Vehicles
information system.
4. City contacts shall be as follows:
a. For Enforcement: Police Department
b. For Contract Administration/
Project Manager: City Clerk's Office
c. For violations/tickets: Municipal Court
8
5. Diamond contacts shall be as follows:
a. City Manager
b. Supervisor
D, Training
1. Diamond will be responsible for complete training of parking enforcement
personnel.
a. The City will provide initial training and all materials related to
City regulations concerning enforcement to Diamond. Following initial
training by City, Diamond will be responsible for training and materials.
b. Diamond will maintain complete training records for periods as
prescribed by law or policy as appropriate.
2. Training will include, but is not limited to:
a. Customer Service and expectations,
b. Dealing with difficult people,
c. Conflict management and/or dispute management and resolution.
d. Civil rights law and procedures.
e. Municipal code and ordinances relating to parking enforcement.
f. Giving testimony and courtroom procedures.
g. Job procedures and emergency protocol.
h. Job safety as required by OSHA/VVISH^.
I. Public Safety.
9
E. Supervision
Diamond will be responsible for assuring employee compliance with all laws and
regulations, compliance for all employment related laws and regulations, responding to
inspections/audits by regulatory agencies and the City, and will pay any fines or
assessments levied by regulatory agencies.
1. Uniforms
a. Diamond shall provide all enforcement personnel with professional
appearing uniforms consisting of shirts, trousers, and jackets. Uniform jackets
and shirts shall have attached patches on the sleeves with an emblem
designating the wearer as official parking enfomement personnel. (Color and
design of uniforms must be approved by City.)
b. All enforcement personnel must carry photo identification and copy
of their commission while on duty.
c. All personnel are to be in complete uniforms at any time they
are engaged in enforcement activity, or appearing in court in matters relating
to parking enforcement and regulation.
2. Discipline and/or Termination
a. Diamond is responsible for discipline and/or termination of its
employees. Discipline and/or termination is required under, but not limited to
the following circumstances:
1) False information on application or during interview process,
or discovery of information that would otherwise disqualify the person
from consideration.
2). Failure to maintain a current and valid Washington State
Driver's License. (Restrictions will be imposed based upon number
and nature of allowable tickets incurred by employee.)
3). Use of illegal drugs or alcohol in the workplace. Termination
is required.
F. Operations Methodology
1. The City of Bremerton strongly believes in customer service, and expects the
enforcement personnel to treat the public in a polite, helpful, and fair manner.
10
2. Enforcement action is to be carried out in a uniform and fair manner with no
preference shown for any reason. Diamond will not directly or indirectly give any
preferential treatment to any person or entity in the performance of enforcement
duties.
3. Diamond shall operate in general compliance with existing Police Department
Parking Enforcement Policy.
G. Record Keeping and Reports
1. Record Keeping - All revenue collections, deposits and reporting
procedures shall be in accordance with City Treasurer requirements.
a. Diamond is responsible for all employment related record keeping,
and upon request bythe City, provide personnel and training information for
each employee.
b. Each Diamond employee shall have their own personnel file
containing the following information, with a copy to the City's Project
Manager.
1) Completed application form
2) Completed background investigation and testing process
3) Training received (Diamond to furnish outline of training
program to City for approval prior to issuance of limited commission)
4) Complaints received against employee including disposition
c. Each Enforcement Officer shall maintain a daily log book of
conversations, complaints and unusual circumstances that occur while
performing work duties. The log book shall be kept current and up to date at
the end of each shift. In addition each Enforcement Officer shall include in
the daily activity log the following.
1) Number of citations issued
2) Number of warnings
3) Number of impounds
4) Number of Parking related service requests from citizens
5) Hours on duty
11
6) Location and hour of handicap parking enforcement
7) All reports shall be by day, date, hour and location
c. Inspection - Diamond shall keep all records as listed above for at
least three (3) years following expiration or termination of the Agreement, or
deliver the records to the City. Diamond shall keep all records in its regular
business office and shall keep the records in an orderly manner as may be
instructed by the City to assure easy access and reference to the records
and shall make all records available for inspection and copying by the City
during business hours.
2. Reports - City requires that the enforcement personnel follow pre-approved
patrol routes. Diamond will be responsible for proposing patrol routes and
schedules, and the method (reports) by which the City Project Manager will be
kept informed. The City needs assurance that coverage is adequate, fair, regular
and consistent. The City may make additions or deletions to the list of reports it
requests at its discretion. The following reports shall be prepared, transmitted, and
maintained at a minimum:
a. Monthly summary of activities showing total work hours, patrol and
non-patrol; customer service hours; and records of court time.
b. Monthly summary of ticket activity including the number of tickets by
infraction type, by street/area, and a listing of voided tickets with an
explanation.
c. Written reports on all complaint phone calls, or on-street complaints
to officers on duty. Reports shall include names of parties involved, phone
numbers, addresses (if known), the nature of complaint and action taken.
d. Monthly reports containing the above data are to be furnished to the
City no later than the 20th of the following month.
H. Court Appearance - Diamond will be responsible for it's employees appearing in
court, on time and prepared to testify on parking related cases. City will provide training,
legal representation at the City's discretion and pertinent materials.
I. Special Provisions - City Rights
During the life of the contract, the City retains the right to make minor changes having
negligible impact on contract cost, to parking zone restrictions without having to renegotiate
contract.
The City further retains the right to:
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1. Establish, modify, add or delete enforcement areas or routes or off street
parking facilities in conjunction with Diamond.
2. Set all hours of enforcement operations.
3. Set all parking rates and times.
4. Modify, alter, add, delete procedures, instructions, and ordinances during
the contract term.
5. Modify, alter, add, delete or replace any City supplied forms and/or
equipment.
6 Add to, delete, or alter enforcement areas, beats, levels of enforcement,
placement of enforcement effort and type of enforcement.
7. Have, at all reasonable times, access to the Diamond's books, records,
and memorandum of every description pertaining to work under this contract for the
purpose of auditing and verifying costs of services provided.
13
ATTACHMENT II
ON-STREET PARKING ENFORCEMENT
A. Patrol Areas
1. Patrol Areas - Described services will be performed in the parking zones and
areas listed as Exhibit A.
B. Enforcement Duties
1. On-Street Parking. Enforcement as described below. There will be no
additional compensation for special events. Services to be provided include, but are
not limited to:
a. Patrol Central Zone every 2 hours. Other parking including
handicapped parking, will be covered at a reasonable level.
b. Issue Notices of Infractions for violations of parking ordinance
when and where appropriate.
c. Prepare affidavits and reports for parking infractions, violations
and incidents.
d. Perform Parking Surveys required for Residential Parking Permit
applications.
e. Post Zone status change notices.
f. Enforce all parking ordinances as contained in Bremerton Municipal
Code, Chapter 10 and State law, including, but not limited to:
1. All "time restricted" on-street and City owned off-street
parking facilities.
2. All "no parking anytime" areas.
3. Parking violations involving trucks and commercial vehicles.
4. Vehicles parked on sidewalks.
5. Residential parking permits.
6. Storage of vehicles in right of way.
7. Unlawful parking in City owned parking facilities.
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8. Vehicles parked too close to fire hydrants, driveways, stop
signs, intersections, or crosswalks.
C. Citation Issuance
Diamond shall:
1. Submit Handheld Computers to the Municipal Court office at specified
times for upload/downloading of daily citation activities (Times depend on shift
assignments). Pick up hand-helds at court office.
2. Be responsible for Handhelds that are damaged due to negligent care or
loss. City retains ownership of Handhelds.
3. Have authority to recommend to void tickets up to the 15th day from
issuance. All recommended voids must be approved by the Diamond Supervisor.
The Court Manager must receive notification of each recommended void within one
(1) business day of issuance. After 15 days, recommended ticket voids must be
approved by the Court Manager.
4. Provide written requests for declaration of nuisance vehicles.
5. Notify court if not available for court appearances.
6. Provide Affidavits for Contested Hearings.
D. Junk & Abandoned Vehicles
1. Enforce abandoned vehicles procedures in accordance with State and Local
laws, including but not limited to:
a. Receiving complaints of an abandoned vehicles.
b. Checking registration to ascertain if vehicle has been
reported as stolen.
c. Determine whether vehicle is operable.
d. Attempt to contact registered owner
e. Notify registered owner of pending impoundment.
f. Impound vehicle.
2. Enforce junk vehicle procedures on private property in accordance with State
15
and Local laws. Including, but not limited to:
a. Receiving complaints regarding junk vehicles.
b. Visiting property and, based on statutory definition, determine if
vehicle is declarable as junk.
1) If declared junk, locate property owner and registered
owner of the vehicle.
2) Determine if property owner and vehicle owner are the same.
If they are the same, meet at the property and determine method of
disposal.
3) If property owner and vehicle owner are not the same,
complete a Junk Vehicle Affidavit and coordinate disposal with
property owner.
4) If property owner does not allow entry to the property,
secure a Search Warrant through the City Attorney before
proceeding with the investigation.
5) If property owner refuses to use Junk Vehicle Affidavit, all
paperwork regarding investigation findings shall be filed with the City
of Bremerton Hearing Examiner.
c. Proceed with vehicle impoundment.
16
ATTACHMENT III
PAID PARKING ENFORCEMENT
A. Scope of Services:
1. Duties - Paid Parking. Diamond shall manage, operate and promote City
owned parking facilities and on-street paybox parking. Parking facilities are located
in the downtown area of the City as follows:
a. 507 Park Avenue.
b. 4th & Washington Avenue.
c. 300 Park Avenue.
d. 301 Park Avenue.
e. Boardwalk Parking Lot
f. 2nd & Washington Ave.
g. Payboxes listed as Item 5 on Exhibit A
1 ) City shall retain ownership of currently installed on-street pay-
boxes.
2) Diamond shall retain ownership of Diamond installed/supplied
off street payboxes.
2. Responsibilities; Diamond shall:
a. Pay all direct operating costs including, but not limited to, labor,
supervision, bookkeeping, janitorial service, security services, equipment
maintenance and non-structural repairs and maintenance.
b. Provide meter boxes for customer self-parking at centralized
locations within each off street parking facility.
c. Post City approved parking rates and regulations on all off street
parking facilities.
d. Collect all on-street and off-street meter box revenues and deposit in
City designated accounts on a daily basis. City shall determine banking
arrangements at their discretion.
17
e. Turn in bank deposit receipts to the City of Bremerton Treasurer no
later than 3:00 p.m., of the next business day.
f. Keep parking facilities open and available for parking 24 hours per
day, seven (7) days per week unless otherwise excepted, directed and
approved by City.
g. Inspect all parking facilities on a prudent and as necessary basis to
ensure that all parking has been paid and all parking regulations are
followed. Inspections and collections will be conducted seven (7) days per
week. Checking schedules will be based on usage patterns and approved
by the City.
h. Market parking facilities to insure their maximum utilization.
i. Be responsible for maintenance and repair of non-structural
components of parking facilities, including, but not limited to:
1) Numbering stalls, painting stall lines and pedestrian lanes.
2) Maintaining traffic directional signage.
3) Maintaining and, as necessary, install or replace instructional
signage as may be directed by the City.
4) Cleanliness of City owned off-street parking facilities.
5) Janitorial services in the parking garage including, but not
limited to cleanliness of parking structure floor, stairwells, hand rails
and daily cleaning of elevator car.
6) Notifying City of any structural damage needing repair.
7) Notifying City of landscaping maintenance needed for any City
owned lots.
8) Paying all parking garage elevator maintenance contract
costs.
9) Advising City of any lighting failures or outages in parking
garage.
10) Keeping drains clear of obstructive debris.
18
11) Keeping pedestrian walks and ramps and vehicle driving
surfaces free from snow and ice to prevent personal injury and
property damage.
12) Providing periodic security monitoring at The Parking Garage
to ensure adequate security and protection of personal property with a
minimum coverage of 5 hours per day.(Diamond shall inform City of
security hours on site).
13) Reporting all acts of vandalism and all irregularities and
nuisances occurring in City parking facilities to City Police and City
Project Manager.
14) Shall, on a monthly basis, submit to the City Project Manager,
a summary report of reported acts of vandalism and all irregularities
and nuisances occurring in City parking facilities.
15.) Shall submit quarterly reports to City regarding marketing
strategies and results.
16) Assist City with special event parking.
19
EXHIBIT A
PATROLLED AREAS
1. BREMERTON CITY LIMITS on a complaint and/or referral basis.
2. CENTRAL ZONE
100-200 blk. 1st Street
100-200 blk. 2nd Street
200-600 blk. 4th Street
200-600 blk. 5th Street
100-800 blk. Pacific Avenue
200-500 blk. Burwell Street
400-600 blk. Park Avenue
3. WEST RESIDENTIAL ZONES
2600 &2800 blk. 1st 2900,3000,3200 blk. Farragut
1000-2100 blk. 4th 100-400 blk. S. Lafayette
1000-2100 blk. 5th 2900-3300 blk. Porter
1000-1700 blk. Burwell 300-700 blk. S. Summit
2100 blk. Burwell Place 3200 blk. Preble
200-1000 blk. Chester 200-500 blk. S. Hartford
1200-1900 blk. Gregory 300-500 blk. S. Yantic
100-300 blk. State 100, 300, 600 blk N. Montgomery
100-300 blk. Anoka 400-500 blk. S. Charleston
200, 500-600 blk. High 2600-2800 blk Rodgers
900-1200 blk High 3000, 3200 blk. Rodgers
200-1000 blk. Hewitt 100-300 blk. S. Cambrian
400-1200 blk. Veneta 100 blk. N. Cambrian
100 blk. Olympic 100 & 300 blk. S. Wycoff
300-800 blk. Olympic 100 & 300 blk. N. Wycoff
100 blk. Arvon 100 blk. Rainier
100 blk. Bloomington
20
4. EAST RESIDENTIAL ZONES
600-1100 blk. Pleasant Ave 200,500-700 blk. 9th
600-900, 1100 blk. Highland Ave 1000-1200 blk. 9th
2000 & 2100 blk. E 11th 1500 blk. 9th
1100 blk. Pitt 1900-2000,2300 blk.9th
2000 blk. Harkins 500-800, 1000 blk. 8th
2300-2400 blk. Holman 1100-2000 blk. 8th
2500 blk. Cherry PI 2100 & 2300 blk. 8th
900, 1200 blk. Pacific 400-1200 blk. Veneta
800-1100 blk. Cogean 200-1000 blk. Chester
600 - 700 blk. 12th 600, 800 blk. Broadway
900 - 1000 blk. 12th 1200 & 1300 blk. Broadway
1400 blk. 12th 800,1200-2200 blk. 10th
700-1200 blk. McKenzie 1100, 1300 blk. Lincoln
600-900,1100-1200 Park 1100-1200 blk. Ohio
1500,1700 blk. Park 1500 & 1700 blk. Ohio
900-1000 blk. 15th 1100-1200 blk. Sidney
600-800, 1000 blk. Pennsylvania 1000-1200 blk. High
500, 800 blk. 7th 600-700 blk. Roosevelt
1200-2100, 2300 7th 900-1000 blk Roosevelt
1100 blk. Elizabeth 100, 300-800 blk. Olympic
600-700, blk. Roosevelt 500, 800 blk 7th
900, 1000 Roosevelt 1200-2100 blk. 7th
900 blk. Washington 2300 blk. 7th
5. ON STREET PAYBOX COLLECTION
300 blk. 1st St. 2 boxes 200 blk. 5th St 2 boxes
100 blk. 4th St 1 box 500 blk. 5th St 1 box
800 blk. 4th St (north) 1 box 800 blk. 5th St (north) 1 box
800 blk. 4th St (south) I box 800 blk. 5th St (south) 1 box
1600 blk. 4th St 2 boxes 800 blk. Burwell (south) 3 boxes
300 blk. Veneta 1 box 800 blk. Burwell (north) 2 boxes
100 blk. Chester 1 box 200 blk. Warren 1 box
100 blk. 2nd St 1 box
21
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT between the City of Bremerton, a municipal corporation (hereinafter
referred to as "City~, and Diamond Parking, Inc., a duly organized corporation, (hereinafter
referred to as 'Diamond"),
WITNESSETH:
1. SCOPE: In exchange for compensation as provided below, Diamond shall
provide parking regulator services, enforcement of parking ordinances and management
and operation of City owned parking facilities in the City of Bremerton, as fully described
in Attachments 1, II, and III which herewith are fully incorporated in this Agreement as
though fully set forth herein.
2. TERM: This agreement shall commence August 10, 2000 and end August 9, 2001.
This agreement shall be for a period of one (1) year.
This Agreement may be terminated for cause if Diamond fails substantially to perform
through no fault of the City and does not commence correction within five (5) business
days of written notice and diligently completes the correction thereof. In which event all
finished or unfinished documents, reports, or other material or work of Diamond pursuant
to this Agreement shall be submitted to City, and Diamond shall be entitled to just and
equitable compensation at the rate set forth in Paragraph 3 for any satisfactory work
completed prior to the date of termination. The City may terminate this agreement for
convenience with ninety (90) days notice to Diamond.
3. COMPENSATION: For services provided under this Agreement, City shall pay
Diamond, on a monthly basis, Seventeen Thousand Two Hundred Twelve and No/100
Dollars ($17,212.00). City shall pay said monthly fee on or before the 15th day of each
month for services provided through the last day of the preceding month.
4. DISCRIMINATION AND COMPLIANCE WITH LAWS:
a. Diamond agrees not to discriminate against any employee or applicant for
employment on any other person in the performance of this Agreement because of
race, creed, color, national origin, marital status, sex, age, disability, or other
circumstance prohibited by federal, state, or local law or ordinance, except for a
bona fide occupational qualification.
b. Violation of this Paragraph 4. shall be a material breach of this Agreement
and grounds for cancellation, termination or suspension of the Agreement by the
City, in whole or in part, and may result in ineligibility for further work for the City.
5. OWNERSHIP OF WORK PRODUCT: All data, materials, reports, memoranda, and
any other documents developed under this Agreement whether finished or not shall
become the property of the City, and shall be forwarded to the City at its request and may
be used by the City as it sees fit. The City agrees that if it uses products fonvarded by
Diamond for purposes other than those intended in this Agreement, it does so at its sole
risk and agrees to hold Diamond harmless therefrom.
6. LICENSES AND TAXES: Diamond shall possess a currant Bremerton City
Business License and any regulatory license(s) required to fulfill the obligations of this
Contract. Business and Occupation Taxes shall be paid when due and Diamond, by this
Agreement assigns any payments due under this Agreement to the City Clerk for payment
of such taxes which have been, or may in the future, be declared delinquent. City is
responsible for taxes on gross revenues on City parking locations.
7. INSURANCE AND HOLD HARMLESS: Prior to and during the performance of the
work covered by this Agreement, Diamond shall provide the Risk Manager for the City with
evidence that it has obtained and maintains in full force and effect during the term of this
Agreement comprehensive general liability insurance coverage of at least $1,000,000.00
per occurrence and automobile general liability insurance coverage of at least
$1,000,000.00 per occurrance and parking regulator vehicle liability insurance for City
owned vehicles to be approved by the Risk Manager. The City shall be named as
additional insured. The Risk Manager shall be provided thirty (30) days written notice of
any cancellation of said insurance.
Diamond shall include all subcontractors as insureds under its policies or shall require
subcontractors to provide their own coverage. All coverages shall be subject to all of the
requirements herein stated.
Diamond also agraes to defend, indemnify and save harmless the City, its appointed and
elected officers and employees, from and against any and all liability, loss, costs, damage
and expense, including costs and attorney fees in defense thereof because of actions,
claims or lawsuits for damages resulting from personal or bodily injury, including death at
any time resulting therefrom, sustained or alleged to have been sustained by any person
or persons and on account of damage to property, arising or alleged to have risen directly
or indirectly out of or in consequence of or the performance of this Agreement, whether
such injuries to persons or damage to property is due to the negligence of Diamond, its
subcontractors, agents, volunteers, successors or assigns. This provision shall be
inapplicable to the extent the City is judicially found solely negligent for such damage or
injury.
2
8. GENERAL CONDITIONS
a. Assignability: Diamond shall not assign any interest in this Agreement and
shall not transfer any interest in same (either by assignment or novation) without
the prior written consent of the City thereto, which consent shall not be
unreasonably withheld; provided, however, that claims for payment under this
Agreement may be assigned.
b. Extent of Agreement: This Agreement, together with Attachments I,
II, III end Exhibits A, B, represents the entire and integrated Agreement between the
parties hereto and supersedes all prior negotiations, representations, or
agreements, either written or oral. This Agreement may be emended, modified or
added to only by written instrument properly signed by both parties hereto.
c. Notices: Any notices required to be given by the City to Diamond or by
Diamond to the City shall be in writing and delivered to the following parties at the
addresses listed.
Coov To:
City Clerk Jon Diamond City Manager
City of Bremerton Diamond Parking Diamond Parking
239 4th Street 3161 Elliot Avenue P.O. Box 809
Bremerton, WA 98337 Seattle, WA 98121 Bremerton, WA 98337
d Waiver: Failure by the City to insist upon strict compliance with any terms,
covenants or conditions of this Agreement shall not be deemed a waiver of such,
nor shall any waiver or relinquishment of such right or power at any time be taken
to be a waiver of any other breach.
e. Compliance with Federal, State and Local Laws: Diamond agrees to
comply with all applicable local, state, federal laws in performance of all services
under this Agreement.
f. Applicable Law; Venue: This Agreement shall be construed and interpreted
in accordance with the laws of the State of Washington and, in the event of dispute,
the venue of any action brought hereunder shall be in Kitsap County Superior Court.
The agreement is further subject to any applicable laws of this State. Any mandate
of a State law shall supersede all provisions herein.
9. RELATIONSHIP OF PARTIES: The parties understand and agree that Diamond is
a firm skilled in matters pertaining to enforcement of parking ordinances and parking
facility management and will perform independent functions and responsibilities in the
areas of its particular field of expertise. Diamond and its personnel shall act as
3
independent contractors and not employees of the City. As such, they have no authority
to bind the City or control City employees, contractors or other entities. In the performance
of duties and obligations of this Agreement, Diamond shall work under the direction of the
Administrative Services Director of the City or her designee.
IN WlTNES~ WHEREOF the parties hereto have caused this Agreement to be executed
the day and year first above written.
CITY OF BREI~ERTON DIAMOND PARKING
\O-~t- o~ DATE:
DATE:
RTO., Mayor ~
DEPARTMENTAL APPROVAL: ~
KA'I'H'LI~ 1~'1~' McC L U S I{EY,
Administrative Services Director
APPROVED AS TO FORM:
LENNA I~LANCA, City Attorney
RECEIVED FOR FILING:
P ULA JOH~ON, Deputy City Clerk
4
ATTACHMENT I
GENERAL PROVISIONS
A. Vehicles
Diamond is responsible for supplying it's transportation requirements including
regulatory vehicles used in performance of on-street enforcement duties.
1. Ail vehicles used by enforcement personnel shall be clearly identifiable as
performing parking enforcement.
2. Vehicles shall be operated at all times in compliance with all state and
local motor vehicle laws.
3. The rear of all patrol vehicles shall have a sign warning of frequent vehicle
stops.
4. The City agrees to maintain Diamond's regulatory vehicles under the
following conditions:
a. In consideration for the services provided, Diamond shall pay the City
the actual cost of parts, supplies and subcontracted repairs used in the
maintenance and repair of Diamond vehicles, together with shop time at the
rate of Fifty and No/100 Dollars ($50.00) per hour for the time spent in
performing the repairs and maintenance.
b. Preventative maintenance of Diamond's vehicles will be performed at
the same intervals and to the same standards as the City's non-emergency
vehicles. Other repairs will be performed on an as needed basis.
c. The City will provide Diamond with an invoice and supporting
documents on a monthly basis, Payments will become due thirty (30) days
after mailing by the City.
d. The City will provide Diamond ninety (90) days notice of
discontinuation of maintenance of any vehicle due to end of feasible service
life upon which the City will no longer maintain the vehicle under the above
terms.
e. The City will honor current rate/repair schedules and fees for the term
of the agreement.
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5. Foot and bike enforcement may be used by personnel in lieu of vehicles, as
long as adequate patrol area coverage is maintained and compliance is met with
all State and Local pedestrian and bicycle laws.
B. Personnel and Staffing
1. Diamond will maintain staffed office hours as follows:
Monday through Friday, 7:30 a.m. through 6:00 p,m.
2. Diamond will staff on/off street parking regulation and maintain
enforcement hours as directed by the City.
a. On Street Enforcement - patrolled with 505 hours monthly as follows:
1) Emphasis hours to be performed during peak parking and
collection demand times.
2) Minimum of two weekday early shifts beginning at 4 a.m. per
month.
3) Minimum of two weekday late shifts ending at 8 p.m. per month.
4) Minimum of three hours per weekend for collections and
patrols.
b. Off Street Enforcement - patrolled with 104 hours monthly as follows:
1 ) Enforcement of each off street parking location 365 days per
year (every day).
2) Enforcement at a minimum of three hours per each weekend
day.
3) Enforcement at a minimum of four hours per each weekday.
Adjustments to hours of enforcement and/or routes will be made as necessary
pursuant to Section I Special Provisions of this agreement.
3. Diamond will be responsible for all aspects of recruitment and selection of
parking enforcement personnel.
a. Individuals selected to enforce on street regulations must qualify for
a Limited Commission from the City of Bremerton Police Department.
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b. Diamond shall employ only persons competent and skilled in the
performance of the work assigned to them and shall provide skilled and
responsible supervision of such persons.
c. Diamond's employees must be in reasonably good health and taking
no medication that would tend to effect work performance.
d. Diamond's employees shall not carry a firearm or any type of weapon
while on duty.
e Diamond's personnel shall be polite and courteous to all citizens._
Confrontations are to be avoided if at all possible.
f. Diamond's employees shall be required to speak and write English so
that they may be easily understood.
g. Diamond's employees are not to imply that they are Police Officers.
h. Diamond's employees shall comply with all existing state and local
motor vehicle laws while operating in the City.
4. Limited Commission - Diamond shall provide City of Bremerton Police
Department with all personnel information required for issuing a Limited
Commission. The City shall review all background forms and information gathered
on prospective enforcement employees prior to authorizing issuance of a Limited
Commission. The following criteria are used in determining eligibility for a Limited
Commission:
a, Possession of a high-school diploma or G.E.D. Certificate.
b. Physical and mental capacity for performance of duties.
c. Ability to give and follow oral and written instructions in English.
d, Ability to effectively communicate with public and City officials,
e. Ability to remain calm and use good judgement and initiative in an
emergency,
f. Successful completion of a background check for outstanding warrants
or any felony convictions or misdemeanors involving theft.
g. Successful completion of reference check.
h. Possession of a current and valid Washington State Driver's License.
i. No record of driver's license suspension or revocation.
5. Revocation of Limited Commission - Diamond is responsible for discipline
and/or termination of employees with Limited Commissions. If commissioned,
Limited Commissions may be revoked by the City under the following
circumstances:
a. False information on application or provided during the interview
process, or discovery of information that, in the opinion of the Police
Department would otherwise disqualify the person from consideration.
b. Failure to maintain a current and valid Washington state Driver's
License.
c. Use of illegal drugs or alcohol in the workplace.
d. Conviction of a misdemeanor or felony or consistent non-professional
or any unlawful behavior during the course of employment.
6. Diamond shall not use discriminatory hiring practices in regard to ethnic
origin, race, religion, sex, and physical or mental disability.
7. As a condition of employment, all employees, including Diamonds's
managers and supervisors are subject to pre-employment drug and alcohol abuse
screening. Random drug and alcohol screening shall also be required throughout
the term of this contract.
C. Communications
1. All enforcement personnel shall have ready access to their supervisor
and to Bremerton Police Department.
2. Diamond shall maintain an off"ice in Bremerton and shall maintain a twenty
four (24) hour telephone number accessible by the City. During patrol and parking
enforcement hours on, a supervisor will be on cell with 30 minute response time.
After office hours the Diamond supervisor shall be accessible by pager.
3. On street enforcement personnel shall have the ability to communicate
with emergency services providers and the Department of Motor Vehicles
information system.
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4. City contacts shall be as follows:
a. For Enforcement: Police Department
b. For Contract Administration/
Project Manager: City Clerk's Office
c. For violations/tickets: Municipal Court
5. Diamond contacts shall be as follows:
City Manager
b. Supervisor
D. Training
1. Diamond will be responsible for complete training of parking enforcement
personnel.
a. The City will provide initial training and all materials related to
City regulations concerning enforcement to Diamond. Following initial
training by City, Diamond will be responsible for training and materials.
b. Diamond will maintain complete training records for periods as
prescribed by law or policy as appropriate.
2. Training will include, but is not limited to:
a. Customer Service and expectations,
b. Dealing with difficult people.
c. Conflict management and/or dispute management and resolution.
d. Civil rights law and procedures.
e. Municipal code and ordinances relating to parking enforcement.
f. Giving testimony and courtroom procedures.
g. Job procedures and emergency protocol.
h. Job safety as required by OSHA/VVISHA.
I. Public Safety.
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E. Supervision
Diamond will be responsible for assuring employee compliance with all laws and
regulations, compliance for all employment related laws and regulations, responding to
inspections/audits by regulatory agencies and the City, and will pay any fines or
assessments levied by regulatory agencies.
1. Uniforms
a. Diamond shall provide all enforcement personnel with professional
appearing uniforms consisting of shirts, trousers, and jackets. Uniform jackets
and shirts shall have attached patches on the sleeves with an emblem
designating the wearer as official parking enforcement personnel. (Color and
design of uniforms must be approved by City.)
b. All enforcement personnel must carry photo identification and copy
of their commission while on duty.
c. All personnel are to be in complete uniforms at any time they
are engaged in enforcement activity, or appearing in court in matters relating
to parking enforcement and regulation.
2. Discipline and/or Termination
a. Diamond is responsible for discipline and/or termination of its
employees. Discipline and/or termination is required under, but
not limited to, the following circumstances:
1 ) False information on application or during interview process,
or discovery of information that would otherwise disqualify the person
from consideration.
2). Failure to maintain a current and valid Washington State
Driver's License. (Restrictions will be imposed based upon number
and nature of allowable tickets incurred by employee.)
3). Use of illegal drugs or alcohol in the workplace. Termination
is required.
F. Operations Methodology
1. The City of Bremerton strongly believes in customer service, and expects the
enforcement personnel to treat the public in a polite, helpful, and fair manner.
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2. Enforcement action is to be carried out in a uniform and fair manner with no
preference shown for any reason. Diamond will not directly or indirectly give any
preferential treatment to any person or entity in the performance of enforcement
duties.
3. Diamond shall operate in general compliance with existing Police Department
Parking Enforcement Policy.
G. Record Keeping and Reports
1. Record Keeping - Ail revenue collections, deposits and reporting
procedures shall be in accordance with City Treasurer requirements.
a. Diamond is responsible for all employment related record keeping,
and upon request by the City, provide personnel and training information for
each employee.
b. Each Diamond employee shall have their own personnel file
containing the following information, with a copy to the City's Project
Manager.
1) Completed application form
2) Completed background investigation and testing process
3) Training received (Diamond to furnish outline of training
program to City for approval prior to issuance of limited commission,
4) Complaints received against employee including disposition,
c. Each Enforcement Officer shall maintain a daily log book of
conversations, complaints and unusual circumstances that occur while
performing work duties. The log book shall be kept current and up to date at
the end of each shift. In addition each Enforcement Officer shall include in
the daily activity log the following.
1 ) Number of citations issued
2) Number of warnings
3) Number of impounds
4) Number of Parking related service requests from citizens.
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5) Hours on duty
6) Location and hour of handicap parking enforcement
7) All reports shall be by day, date, hour and location.
d. Inspection - Diamond shall keep all records as listed above for at least
three (3) years following expiration or termination of the Agreement, or
deliver the records to the City. Diamond shall keep all records in its regular
business office and shall keep the records in an orderly manner as may be
instructed by the City to assure easy access and reference to the records
and shall make all records available for inspection and copying by the City
during business hours.
2. Reports - City requires that the enforcement personnel follow pre-approved
patrol routes. Diamond will be responsible for proposing patrol routes and
schedules, and the method (reports) by which the City Project Manager will be
kept informed. The City needs assurance that coverage is adequate, fair, regular
and consistent. The City may make additions or deletions to the list of reports it
requests at its discretion. The following reports shall be prepared, transmitted, and
maintained at a minimum:
a. Monthly summary of activities showing total work hours, patrol and
non-patrol; customer service hours; and records of court time.
b. Monthly summary of ticket activity including the number of tickets by
infraction type, by street/area, and a listing of voided tickets with an
explanation.
c. Written reports on all complaint phone calls, or on-street complaints
to officers on duty. Reports shall include names of parties involved, phone
numbers, addresses (if known), the nature of complaint and action taken.
d. Monthly reports containing the above data are to be furnished to the
City no later than the 20th of the following month.
H. Court Appearance - Diamond will be responsible for it's employees appearing in
court, on time and prepared to testify on parking related cases. City will provide training,
legal representation at the City's discretion and pertinent materials.
I. Special Provisions - City Rights
During the life of the contract, the City retains the right to make minor changes
having negligible impact on contract cost, to parking zone restrictions without having to
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renegotiate contract.
The City further retains the right to:
1. Establish, modify, add or delete enforcement areas or routes or off
street parking facilities in conjunction with Diamond.
2. Set all hours of enforcement operations.
3. Set all parking rates and times.
4. Modify, alter, add, delete procedures, instructions, and ordinances during
the contract term.
5. Modify, alter, add, delete or replace any City supplied forms and/or
equipment.
6 Add to, delete, or alter enforcement areas, beats, levels of enforcement,
placement of enforcement effort and type of enforcement.
7. Have, at all reasonable times, access to the Diamond's books, records,
and memorandum of every description pertaining to work under this contract for the
purpose of auditing and verifying costs of services provided.
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ATTACHMENT II
ON-STREET PARKING ENFORCEMENT
A. Patrol Areas
1. Patrol Areas - Described services will be performed in the parking zones and
areas listed as Exhibit A.
B. Enforcement Duties
1. On-Street Parking. Enforcement as described below. There will be no
additional compensation for special events. Services to be provided include, but are
not limited to:
a. Patrol Central Zone every 2 hours. Other parking including
handicapped parking, will be covered at a reasonable level.
b. Issue Notices of Infractions for violations of parking ordinance
when and where appropriate.
c. Prepare affidavits and reports for parking infractions, violations
and incidents.
d. Perform Parking Surveys required for Residential Parking Permit
applications.
e. Post Zone status change notices.
f. Enforce all parking ordinances as contained in Bremerton Municipal
Code, Chapter 10 and State law, including, but not limited to:
1. All "time restricted" on-street and City owned off-street
parking facilities.
2. All "no parking anytime" areas.
3. Parking violations involving trucks and commercial vehicles.
4. Vehicles parked on sidewalks
5. Residential parking permits.
6. Storage of vehicles in right of way,
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7. Unlawful parking in City owned parking facilities.
8. Vehicles parked too close to fire hydrants, driveways, stop
signs, intersections, or crosswalks.
C. Citation Issuance
Diamond shall:
1. Submit Handheld Computers to the Municipal Court office at specified.
times for upload/downloading of daily citation activities (Times depend on
shift assignments). Pick up hand-helds at court office.
2. Be responsible for Handhelds that are damaged due to negligent care or
loss. City retains ownership of Handhelds.
3. Have authority to recommend to void tickets up to the 15th day from
issuance. All recommended voids must be approved by the Diamond Supervisor.
The Court Manager must receive notification of each recommended void within one
(1) business day of issuance. After 15 days, recommended ticket voids must be
approved by the Court Manager.
4. Provide written requests for declaration of nuisance vehicles
5. Notify court if not available for court appearances.
6. Provide Affidavits for Contested Hearings
D. Junk & Abandoned Vehiclee
1. Enforce abandoned vehicles procedures in accordance with State and Local
laws, including but not limited to:
a. Receiving complaints of an abandoned vehicles.
b. Checking registration to ascertain if vehicle has been
reported as stolen.
c. Determine whether vehicle is operable.
d. Attempt to contact registered owner
e. Notify registered owner of pending impoundment.
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f. Impound vehicle.
2. Enforce junk vehicle procedures on private property in accordance with State
and Local laws. Including, but not limited to:
a. Receiving complaints regarding junk vehicles.
b. Visiting property and, based on statutory definition, determine if
vehicle is declarable as junk.
1) If declared junk, locate property owner and registered
owner of the vehicle.
2) Determine if property owner and vehicle owner are the same.
If they are the same, meet at the property and determine method of
disposal.
3) If property owner and vehicle owner are not the same,
complete a Junk Vehicle Affidavit and coordinate disposal with
property owner.
4) If property owner does not allow entry to the property,
secure a Search Warrant through the City Attorney before
proceeding with the investigation.
5) If property owner refuses to use Junk Vehicle Affidavit, all
paperwork regarding investigation findings shall be filed with the City
of Bremerton Hearing Examiner.
c. Proceed with vehicle impoundment.
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ATTACHMENT III
PAID PARKING ENFORCEMENT
A. Scope of Services:
1. Duties - Paid Parking. Diamond shall manage, operate and promote City
owned parking facilities and on-street paybox parking. Parking facilities are located
in the downtown area of the City as follows:
a. 507 Park Avenue.
b. 4th & Washington Avenue.
c. 300 Park Avenue.
d. 301 Park Avenue.
e. Payboxes listed as Item 5 on Exhibit A.
1 ) City shall retain ownership of currently installed on-street pay
boxes.
2) Diamond shall retain ownership of Diamond installed/supplied
off street payboxes.
2. Responsibilities; Diamond shall:
a. Pay all direct operating costs including, but not limited to, labor,
supervision, bookkeeping, janitorial service, security services, equipment
maintenance and non-structural repairs and maintenance.
b, Provide meter boxes for customer self-parking at centralized
locations within each off street parking facility.
c. Post City approved parking rates and regulations on all off street
parking facilities.
d. Collect all on-street and off-street meter box revenues and deposit in
City designated accounts on a daily basis. City shall determine banking
arrangements at their discretion.
e. Turn in bank deposit receipts to the City of Bremerton Treasurer no
later than 3:00 p.m., of the next business day.
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f. Keep parking facilities open and available for parking 24 hours per
day, seven (7) days per week unless otherwise excepted, directed and
approved by City.
g Inspect all parking facilities on a prudent and as necessary basis to
ensure that all parking has been paid and all parking regulations are
followed. Inspections and collections will be conducted seven (7) days per
week. Checking schedules will be based on usage patterns and approved
by the City.
h Market parking facilities to insure their maximum utilization.
Be responsible for maintenance and repair of non-structural
components of parking facilities, including, but not limited to:
1 ) Numbering stalls, painting stall lines and pedestrian lanes.
2) Maintaining traffic directional signage.
3) Maintaining and, as necessary, install or replace instructional
signage as may be directed by the City.
4) Cleanliness of City owned off-street parking facilities.
5) Janitorial services in the parking garage including, but not
limited to cleanliness of parking structure floor, stairwells, hand rails
and daily cleaning of elevator car.
6) Notifying City of any structural damage needing repair.
7) Notifying City of landscaping maintenance needed for any City
owned lots.
8) Paying all parking garage elevator maintenance contract
costs.
9) Advising City of any lighting failures or outages in parking
garage.
10) Keeping drains clear of obstructive debris.
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11 ) Keeping pedestrian walks and ramps and vehicle driving
surfaces free from snow and ice to prevent personal injury and
property damage.
12) Providing periodic security monitoring at The Parking Garage
to ensure adequate security and protection of personal property with
a minimum coverage of 5 hours per day.(Diamond shall inform City
of security hours on site).
13) Reporting all acts of vandalism and all irregularities and
nuisances occurring in City parking facilities to City Police and City
Project Manager.
14) Shall, on a monthly basis, submit to the City Project Manager,
a summary report of reported acts of vandalism and all irregularities
and nuisances occurring in City parking facilities.
15.) Shall submit quarterly reports to City regarding marketing
strategies and results.
16) Assist City with special event parking.
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EXHIBIT A
PATROLLED AREA~
1. BREMERTON CITY LIMITS on a complaint and/or referral basis.
2. CENTRAL ZONE
These zones are patrolled every 1-2 hours. Vehicle license plate numbers are entered into
hand-held computers. Tires are marked in 1 & 2 hour, 15 minute, and 30 minute parking
zones.
100-200 blk., 1st Street
100-200 blk., 2nd Street
200-600 blk., 4th Street
200-600 blk., 5th Street
100-600 blk., Pacific Avenue
200-500 blk., Burwell Street
400-600 blk., Park Avenue
3. WEST RESIDENTIAL ZONES
These zones are patrolled every two (2) hours for vehicles parked without Residential or
Visitor permits displayed.
2600 &2800 blk., 1st 2900 & 3200 blk., Farragut
1000-2100 blk., 4th 100-400 blk., S. Lafayette
1000-2100 blk., 5th 2900-3300 blk., Porter
1000-1700 blk., Burwelt 300-700 blk., S. Summit
2100 blk., Burwell Place 3200 blk. Preble
200-1000 blk., Chester 200-500 blk., S. Hartford
1200-1900 blk., Gregory 300-500 blk., S. Yantic
100-300 blk., State 100-300, 600 blk N. Montgomery
100-300 blk., Anoka 400-500 blk., S. Charleston
200, 500-600 blk.,High 2600-2800 blk, Rodgers
900-1200 blk High 3000, 3200 blk. Rodgers
200-1000 blk., Hewitt 100-300 blk., S. Cambrian
400-1200 blk., Veneta 100 blk., N. Cambrian
100 blk., Olympic 100 & 300 blk., S. Wycoff
300-800 blk., Olympic 100 & 300 blk., N. Wycoff
100 blk., An/on 100 blk., Rainier
100 blk., Bloomington
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4. EAST RESIDENTIAL ZONES
These zones are patrolled every 2 hours for vehicles parked without Residential or Visitor
permits displayed and are parked over the 2 hour time limit allowed.
600-1100 blk., Pleasant Ave 200, 500-700, 9th
600-900, 1100 blk., Highland Ave 1000-1200, 9th
2000 & 2100 blk., E 11th 1500, 9th
1100 blk., Pitt 1900-2000,2300 blk.9th
2000 blk., Harkins 500-800, 1000, 8th
2300-2400 blk., Holman 1100-2000 8th
2500 blk., Cherry PI 1900-2100 blk., 8th
900, 1200 blk., Pacific 400-1200 blk., Veneta
800-1100 blk. Cogean 200-1000 blk., Chester
600, 900-1000 blk.12th 600, 800, 1200 blk.,Broadway
1400 blk., 12th 1200-2200 blk., 10th
700-1200 blk., McKenzie 1100, 1300 blk., Lincoln
700-900, 1100-1200Park 1100-1200, 1700 blk.,Ohio
1500,1700 blk., Park 1100-1200 blk., Sidney
900-1000 blk., 15th 1000-1200 blk., High
900, 1200 blk., Pacific 600-800, 1000 blk., Pennsylvania
500, 800 blk., 7th 600-700 blk Roosevelt
1200-2100, 2300 7th 900-1000 blk Roosevelt
1100 blk., Elizabeth 100, 300-800 blk. Olympic
600-700, blk., Roosevelt 500, 800 blk 7th
900, 1000 Roosevelt 1200-2100 blk., 7th
2300 blk., 7th
5. ON STREET PAYBOX COLLECTION
Money is collected from these boxes at least twice daily. Vehicle tires are marked
according to amount of money paid into the corresponding box.
300 blk. 1 st St. 2 boxes 200 blk. 5th St 2 boxes
100 blk. 4th St 1 box 800 blk. 5th St (north) 1 box
800 blk. 4th St (north) 1 box 800 blk. 5th St (south) 1 box
800 blk. 4th St (south) 1 box 800 blk. Bum/ell (south) 3 boxes
1600 blk. 4th St 2 boxes 800 blk. Burwell (north) 2 boxes
300 blk. Veneta 1 box 200 blk. Warren 1 box
100 blk. Chester 1 box
100 blk. 2r~ St 1 box
200 blk. 2'~ St 1 box (proposed)
200 blk. Burwell 1 box (proposed)
500 blk. 4"' St I box (proposed)
21
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT between the City of Bremerton, a municipal corporation (hereinafter
referred to as "City", and Diamond Parking, Inc., a duly organized corporation, (hereinafter
referred to as "Diamond"),
WITNESSETH:
1. SCOPE: In exchange for compensation as provided below, Diamond shall
provide parking regulator services, enforcement of parking ordinances and management
and operation of City owned parking facilities in the City of Bremerton, as fully described
in Attachments I, II, and III which herewith are fully incorporated in this Agreement as
though fully set forth herein.
2. TERM: This agreement shall commence August 10,1998 and end August 9, 2000.
There shall be, from the start of this Agreement, a six (6) month review to discuss progress
and issues that may result in changes to the scope and/or fee agreement.
This Agreement may be terminated for cause if Diamond fails substantially to perform
through no fault of the City and does not commence correction within five (5) business
days of written notice and diligently completes the correction thereof. In which event all
finished or unfinished documents, reports, or other material or work of Diamond pursuant
to this Agreement shall be submitted to City, and Diamond shall be entitled to just and
equitable compensation at the rate set forth in Paragraph 3 for any satisfactory work
completed prior to the date of termination.
3. COMPENSATION: For services provided under this Agreement, City shall pay
Diamond, on a monthly basis, Fifteen Thousand One Hundred Forty-four and 92/100
Dollars ($15,144.92). City shall pay said monthly fee on or before the 15th day of each
month for services provided through the last day of the preceding month.
4. DISCRIMINATION AND COMPLIANCE WITH LAWS:
a. Diamond agrees not to discriminate against any employee or applicant for
employment on any other person in the performance of this Agreement because of
race, creed, color, national origin, marital status, sex, age, disability, or other
circumstance prohibited by federal, state, or local law or ordinance, except for a
bona fide occupational qualification.
b. Violation of this Paragraph 4. shall be a material breach of this Agreement
and grounds for cancellation, termination or suspension of the Agreement by the
City, in whole or in part, and may result in ineligibility for further work for the City.
5. OWNERSHIP OF WORK PRODUCT: All data, materials, reports, memoranda, and
any other documents developed under this Agreement whether finished or not shall
become the property of the City, and shall be forwarded to the City at its request and may
be used by the City as it sees fit. The City agrees that if it uses products forwarded by
Diamond for purposes other than those intended in this Agreement, it does so at its sole
risk and agrees to hold Diamond harmless therefrom.
6. LICENSES AND TAXES: Diamond shall possess a current Bremerton City
Business License and any regulatory license(s) required to fulfill the obligations of this
Contract. Business and Occupation Taxes shall be paid when due and Diamond, by this
Agreement assigns any payments due under this Agreement to the City Clerk for payment
of such taxes which have been, or may in the future, be declared delinquent.
7. INSURANCE AND HOLD HARMLESS: Prior to and during the performance of the
work covered by this Agreement, Diamond shall provide the Risk Manager for the City with
evidence that it has obtained and maintains in full force and effect during the term of this
Agreement comprehensive general liability insurance coverage of at least $1,000,000.00
per occurrence and automobile general liability insurance coverage of at least
$1,000,000.00 per occurrence and parking regulator vehicle liability insurance for City
owned vehicles to be approved by the Risk Manager. The City shall be named as
additional insured. The Risk Manager shall be provided thirty (30) days written notice of
any cancellation of said insurance.
Diamond shall include all subcontractors as insureds under its policies or shall require
subcontractors to provide their own coverage. All coverages shall be subject to all of the
requirements herein stated.
Diamond also agrees to defend, indemnify and save harmless the City, its appointed and
elected officers and employees, from and against any and all liability, loss, costs, damage
and expense, including costs and attorney fees in defense thereof because of actions,
claims or lawsuits for damages resulting from personal or bodily injury, including death at
any time resulting therefrom, sustained or alleged to have been suStained by any person
or persons and on account of damage to property, arising or alleged to have risen directly
or indirectly out of or in consequence of or the performance of this Agreement, whether
such injuries to persons or damage to property is due to the negligence of Diamond, its
subcontractors, agents, volunteers, successors or assigns. This provision shall be
inapplicable to the extent the City is judicially found solely negligent for such damage or
injury.
8. GENERAL CONDITIONS
a. Assignability: Diamonds shall not assign any interest in this Agreement and
2
shall not transfer any interest in same (either by assignment or novation) without
the prior written consent of the City thereto, which consent shall not be
unreasonably withheld; provided, however, that claims for payment under this
Agreement may be assigned.
b. Extent of Agreement: This Agreement, together with Attachments I,
II, Ill and Exhibits A, B, represents the entire and integrated Agreement between the
parties hereto and supersedes all prior negotiations, representations, or
agreements, either written or oral. This Agreement may be amended, modified or
added to only by written instrument properly signed by both parties hereto.
c. Notices: Any notices required to be given by the City to Diamond or by
Diamond to the City shall be in writing and delivered to the following parties at the
addresses listed.
Co0v TO:
City Clerk Jon Diamond City Manager
City of Bremerton Diamond Parking Diamond Parking
239 4th Street 3161 Elliot Avenue P.O. Box 809
Bremerton, WA 98337 Seattle, WA 98121 Bremerton, WA98337
d Waiver: Failure by the City to insist upon strict compliance with any terms,
covenants or conditions of this Agreement shall not be deemed a waiver of such,
nor shall any waiver or relinquishment of such right or power at any time be taken
to be a waiver of any other breach.
e. Compliance with Federal, State and Local Laws: Diamond agrees to
comply with all applicable local, state, federal laws in performance of all services
under this Agreement.
f. Applicable Law; Venue: This Agreement shall be construed and interpreted
in accordance with the laws of the State of Washington and, in the event of dispute,
the venue of any action brought hereunder shall be in Kitsap County Superior Court.
The agreement is further subject to any applicable laws of this State. Any mandate
of a State law shall supersede all provisions herein.
9. RELATIONSHIP OF PARTIES: The parties understand and agree that Diamond is
a firm skilled in matters pertaining to enforcement of parking ordinances and parking
facility management and will perform independent functions and responsibilities in
the areas of its particular field of expertise. Diamond and its personnel shall act as
independent contractors and not employees of the City. As such, they have no
authority to bind the City or control City employees, contractors or other entities. In
the performance of duties and obligations of this Agreement, Diamond shall work
under the direction of the Administrative Services Director of the City or her
3
designee.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed
the day and year first above written.
LYNN $. HORTON, Mayor
'~rA"ULA-~J~'N~fOI~I, Deputy City Clerk
DEPARTMENTAL APPROVAL:
~IHLEEN M¢CLUSKE¥, Administrative Servicas Director
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ATTACHMENT I
GENERAL PROVISIONS
A. Vehicles
Diamond will lease three (3) City owned parking regulator vehicles for the term of
this Agreement at the rate of Two Hundred and no/100 Dollars ($200.00) for each vehicle
per month.
1. All vehicles used by enforcement personnel shall be clearly identifiable as
performing parking enforcement.
2. Vehicles shall be operated at all times in compliance with all state and
local motor vehicle laws.
3. Diamond will pay for gasoline for the vehicles. City will provide routine
maintenance and repair of the vehicles. Diamond will promptly report, in writing, all
vehicle maintenance problems to the City.
4. The rear of all patrol vehicles shall have a sign warning of frequent vehicle
stops.
5. Collision damage of vehicles will be paid for by Diamond.
6. Foot and bike enforcement may be used by personnel in lieu of vehicles, as
long as adequate patrol area coverage is maintained and compliance is met with
all State and Local pedestrian and bicycle laws.
B. Personnel and Staffing
1. Diamond will maintain staffed office hours as follows:
Monday through Friday, 7:30 a.m. through 6:00 p.m.
2. Diamond will staff on/off street parking regulation and initially maintain
enforcement hours as follows:
a. Diamond shall provide 3.0 F.T.E. (Full Time Equivalent) employees
for on/off-street parking enforcement.
b. Time/Day - Enforcement Patrol Duty Hours
Route Total/
West Cntrl East Month
4:00 a.m. to 7:30 p.m., Mon. thru Fri.* 8 8 8 498**
10:00 a.m. to 7:00 p.m., Saturday 8 34
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9:00 a.m. to 1:00 p.m., Sunday* 4 17
Total Hours each Month 549
*Special Events adjust start time
** Includes 11 holidays of no enforcement
Adjustments to hours of enforcement and/or routes will be made as
necessary pursuant to Section I Special Provisions, of this Agreement.
3. Diamond will be responsible for all aspects of recruitment and selection of
parking enforcement personnel.
a. Individuals selected must qualify for a Limited Commission from the
City of Bremerton Police Department.
b. Diamond shall employ only persons competent and skilled in the
performance of the work assigned to them and shall provide skilled and
responsible supervision of such persons.
c. Diamond's employees must be in reasonably good health and taking
no medication that would tend to effect work performance.
d. Diamond's employees shall not carry a firearm or any type of weapon
while on duty.
e Diamond's personnel shall be polite and courteous to all citizens._
Confrontations are to be avoided if at all possible.
f. Diamond's employees shall be required to speak and write English so
that they may be easily understood.
g. Diamond's employees are not to imply that they are Police Officers.
h. Diamond's employees shall comply with all existing state and local
motor vehicle laws while operating in the City.
4. Limited Commission - Diamond shall provide City of Bremerton Police
Department with all personnel information required for issuing a Limited
Commission. The City shall review all background forms and information gathered
on prospective enforcement employees prior to authorizing issuance of a Limited
Commission. The following criteria are used in determining eligibility for a Limited
Commission:
a. Possession of a high-school diploma or G.ED. Certificate.
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b. Physical and mental capacity for performance of duties.
c. Ability to give and follow oral and written instructions in English.
d. Ability to effectively communicate with public and City officials.
e. Ability to remain calm and use good judgement and initiative in an
emergency.
f. Successful completion of a background check for outstanding warrants
or any felony convictions or misdemeanors involving theft.
g. Successful completion of reference check.
h. Possession of a current and valid Washington State Driver's License.
i. No record of driver's license suspension or revocation.
5. Revocation of Limited Commission - Diamond is responsible for discipline
and/or termination of employees with Limited Commissions. If commissioned,
Limited Commissions may be revoked by the City under the following
circumstances:
a. False information on application or provided during the interview
process, or discovery of information that, in the opinion of the Police
Department would otherwise disqualify the person from consideration.
b. Failure to maintain a current and valid Washington state Drive~s
License.
c. Use of illegal drugs or alcohol in the workplace.
d. Conviction of a misdemeanor or felony or consistent non-professional
or any unlawful behavior during the course of employment.
6. Diamond shall not use discriminatory hiring practices in regard to ethnic
origin, race, religion, sex, and physical or mental disability.
7. As a condition of employment, all employees, including Diamonds's
managers and supervisors are subject to pre-employment drug and alcohol abuse
screening. Random drug and alcohol screening shall also be required throughout
the term of this contract.
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C. Communications
,'~1. All enforcement personnel shall have ready access to their supervisor
and to Bremerton Police Department.
2. Diamond shall maintain an office in Bremerton and shall maintain a twenty
four (24) hour telephone number accessible by the City. During patrol and parking
enforcement hours =~ a supervisor will be on call with 30 minute response time.
After office hours the Diamond supervisor shall be accessible by pager.
~._3p. Diamond shall have the ability to communicate with emergency services
roviders.
4. City contacts shall be as follows:
a. For Enforcement: Police Department
b. For Contract Administration/
Project Manager: City Clerk's Office
c. For violations/tickets: Municipal Court
5. Diamond contacts shall be as follows:
a. City Manager
b. Supervisor
D. Training
1. Diamond will be responsible for complete training of parking enforcement
personnel.
a. The City will provide initial training and all materials related to
City regulations concerning enforcement to Diamond. Following initial
training by City, Diamond will be responsible for training and materials.
b. Diamond wilt maintain complete training records for periods as
prescribed by law or policy as appropriate.
2. Training will include, but is not limited to:
a. Customer Service and expectations.
b. Dealing with difficult people.
c. Conflict management and/or dispute management and resolution.
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d. Civil rights law and procedures.
e. Municipal code and ordinances relating to parking enforcement.
f. Giving testimony and courtroom procedures.
g. Job procedures and emergency protocol.
h. Job safety as required by OSHNWISHA.
I. Public Safety.
E. Supervision
Diamond will be responsible for assuring employee compliance with all laws and
regulations, compliance for all employment related laws and regulations, responding to
inspections/audits by regulatory agencies and the City, and will pay any fines or
assessments levied by regulatory agencies.
1. Uniforms
a. Diamond shall provide all enforcement personnel with professional
appearing uniforms consisting of shirts, trousers, and jackets. Uniform jackets
and shirts shall have attached patches on the sleeves with an emblem
designating the wearer as official parking enforcement personnel. (Color and
design of uniforms must be approved by City.)
b. All enforcement personnel must carry photo identification and copy
of their commission while on duty.
c. All personnel are to be in complete uniforms at any time they
are engaged in enforcement activity, or appearing in court in matters relating
to parking enforcement and regulation.
2. Discipline and/or Termination
a. Diamond is responsible for discipline and/or termination of its
employees. Discipline and/or termination is required under, but
not limited to, the following circumstances:
1 ). False information on application or during interview process,
or discovery of information that would otherwise disqualify the person
from consideration.
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2). Failure to maintain a current and valid Washington State
Driver's License. (Restrictions will be imposed based upon number
and nature of allowable tickets incurred by employee.)
3). Use of illegal drugs or alcohol in the workplace. Termination
is required.
F. OPERATIONS METHODOLOGY
1. The City of Bremerton strongly believes in customer service, and expects the
enforcement personnel to treat the public in a polite, helpful, and fair manner.
2. Enforcement action is to be carried out in a uniform and fair manner with no
preference shown for any reason. Diamond will not directly or indirectly give any
preferential treatment to any person or entity in the performance of enforcement
duties.
3. Diamond shall operate in general compliance with existing Police Department
Parking Enforcement Policy.
G. RECORD KEEPING AND REPORTS
1. Record Keeping - All revenue collections, deposits and reporting
procedures shall be in accordance with City Treasurer requirements.
a. Diamond is responsible for all employment related record keeping,
and upon request by the City, provide personnel and training information for
each employee.
b. Each Diamond employee shall have their own personnel file
containing the following information, with a copy to the City's Project
Manager.
1 ) Completed application form
2) Completed background investigation and testing process
3) Training received (Diamond to furnish outline of training
program to City for approval prior to issuance of limited commission,
4) Complaints received against employee including disposition,
c. Each Enforcement Officer shall maintain a daily log book of
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conversations, complaints and unusual circumstances that occur while
performing work duties. The log book shall be kept current and up to date at
the end of each shift. In addition each Enforcement Officer shall include in
the daily activity log the following.
1) Number of citations issued
2) Number of warnings
3) Number of impounds
4) Number of Parking related service requests from citizens.
5) Hours on duty
6) Location and hour of handicap parking enforcement
7) All reports shall be by day, date, hour and location.
d. Inspection - Diamond shall keep all records as listed above for at least
three (3) years following expiration or termination of the Agreement, or
deliver the records to the City. Diamond shall keep all records in its regular
business office and shall keep the records in an orderly manner as may be
instructed by the City to assure easy access and reference to the records
and shall make all records available for inspection and copying by the City
during business hours.
2. Reports - City requires that the enforcement personnel follow pre-approved
patrol routes. Diamond will be responsible for proposing patrol routes and
schedules, and the method (reports) by which the City Project Manager will be
kept informed. The City needs assurance that coverage is adequate, fair, regular
and consistent. The City may make additions or deletions to the list of reports it
requests at its discretion. The following reports shall be prepared, transmitted, and
maintained at a minimum:
a. Monthly summary of activities showing total work hours, patrol and
non-patrol; customer service hours; and records of court time.
b. Monthly summary of ticket activity including the number of tickets by
infraction type, by street/area, and a listing of voided tickets with an
explanation.
c. Written reports on all complaint phone calls, or on-street complaints
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to officers on duty. Reports shall include names of parties involved, phone
numbers, addresses (if known), the nature of complaint and action taken.
d. Monthly reports containing the above data are to be furnished to the
City no later than the 20th of the following month.
H. Court Appearance - Diamond will be responsible for it's employees appearing in
court, on time and prepared to testify on parking related cases. City will provide training
and materials.
I. Special Provisions - City Rights
During the life of the contract, the City retains the right to make minor changes
having negligible impact on contract cost, to parking zone restrictions without having to
renegotiate contract.
The City further retains the right to:
1. Establish, modify, add or delete enforcement areas or routes or off
street parking facilities in conjunction with Diamond.
2. Set all hours of enforcement operations.
3. Set all parking rates and times.
4. Modify, alter, add, delete procedures, instructions, and ordinances during
the contract term.
5. Modify, alter, add, delete or replace any City supplied forms and/or
equipment.
6 Add to, delete, or alter enforcement areas, beats, levels of enforcement,
placement of enforcement effort and type of enforcement.
7. Have, at all reasonable times, access to the Diamond's books, records,
and memorandum of every description pertaining to work under this contract for the
purpose of auditing and verifying costs of services provided.
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ATTACHMENTII
ON-STREET PARKING ENFORCEMENT
A. PatrolAmas
1. Patrol Areas - Described services will be performed in the parking zones and
areas listed as F_x)hibit A and delineated on the map, Exhibit B, as currently in effect
or as may be amended in the future.
B. Enforcement Duties
1. On-Street Parking. Enforcement as described below. There will be no
additional compensation for special events. Services to be provided include, but are
not limited to:
- a. Patrol Central Zone every 2. hours. Other parking including
handicapped parking, will be covered at a reasonable level.
b. Issue Notices of Infractions for violations of parking ordinance
when and where appropriate.
c. Prepare affidavits and reports for parking infractions, violations
and incidents.
d. Perform Parking Surveys required for Residential Parking Permit
applications.
Post Zone status change notices.
f. Enforce all parking ordinances as contained in Bremerton Municipal
Code, Chapter 10 and State law, including, but not limited to:
1. All "time restricted" on-street and City owned off-street
parking facilities.
2. All "no parking anytime" areas.
3. Parking violations involving trucks and commercial vehicles.
4. Vehicles parked on sidewalks
5. Residential parking permits.
6. Storage of vehicles in right of way.
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7. Unlawful parking in City owned parking facilities.
8. Vehicles parked too close to fire hydrants, driveways, stop
signs, intersections, or crosswalks.
C. Citation Issuance
Diamond shall:
1. Submit Handheld Computers to the Municipal Court office at specified
times for upload/downloading of daily citation activities (Times depend on
shift assignments). Pick up hand-helds at court office.
2. Be responsible for Handhelds that are damaged due to negligent care or
loss. City retains ownership of Handhelds.
3. Have authority to void tickets up to the 15th day from issuance. All voids must
be approved by the Diamond Supervisor. The Court Manager must receive
notification of each void within one (1) business day of issuance. After 15 days,
ticket voids must be approved by the Court Manager.
4. Provide written requests for declaration of nuisance vehicles
5. Notify court if not available for court appearances.
6. Provide Affidavits for Contested Hearings
D. Junk & Abandoned Vehicle~
1. Enforce abandoned vehicles procedures in accordance with State and Local
laws, including but not limited to:
a. Receiving complaints of an abandoned vehicles.
b. Checking registration to ascertain if vehicle has been
reported as stolen.
c. Determine whether vehicle is operable.
d. Attempt to contact registered owner
e. Notify registered owner of pending impoundment.
f. Impound vehicle.
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2. Enforce junk vehicle procedures on private property in accordance with State
and Local laws. Including, but not limited to:
a. Receiving complaints regarding junk vehicles.
b. Visiting property and, based on statutory definition, determine if
vehicle is declarable as junk.
1). If declared junk, locate property owner and registered
owner of the vehicle.
2). Determine if property owner and vehicle owner are the same.
If they are the same, meet at the property and determine method of
disposal.
3). If property owner and vehicle owner are not the same,
complete a Junk Vehicle Affidavit and coordinate disposal with
property owner.
4). If property owner does not allow entry to the property,
secure a Search Warrant through the City Attorney before
proceeding with the investigation.
5). If property owner refuses to use Junk Vehicle Affidavit, all
paperwork regarding investigation findings shall be filed with the City
of Bremerton Hearing Examiner.
c. Proceed with vehicle impoundment.
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ATTACHMENT III
PAID PARKING ENFORCEMENT
A. Scope of Services:
1. Duties - Paid Parking. Diamond shall manage, operate and promote City
owned parking facilities and on-street paybox parking. Parking facilities are located
in the downtown area of the City as follows:
a. 507 Park Avenue.
b. 4th & Washington Avenue.
c. 300 Park Avenue.
d. 301 Park Avenue.
e. Payboxes listed as Item 5 on Exhibit A.
1 ) City shall retain ownership of currently installed on-street pay
boxes.
2. Responsibilities; Diamond shall:
a. Pay all direct operating costs including, but not limited to, labor,
supervision, bookkeeping, janitorial service, security services, equipment
maintenance and non-structural repairs and maintenance.
b, Provide meter boxes for customer self-parking at centralized
locations within each parking facility.
c. Post City approved parking rates and regulations.
d. Collect all on-street and off-street meter box revenues and deposit in
City designated accounts on a daily basis.
e. Turn in bank deposit receipts to the City of Bremerton Treasurer no
later than 3:00 p.m., of the next business day.
f. Keep parking facilities open and available for parking 24 hours per
day, seven (7) days per week unless otherwise excepted, directed and
approved by City.
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g Inspect all parking facilities on a prudent and as necessary basis to
ensure that all parking has been paid and all parking regulations are
followed. Inspections and collections will be conducted seven (7) days per
week. Checking schedules will be based on usage patterns and approved
by the City.
h Market parking facilities to insure their maximum utilization.
Be responsible for maintenance and repair of non-structural
components of parking facilities, including, but not limited to:
1). Numbering stalls, painting stall lines and pedestrian lanes.
2). Maintaining traffic directional signage.
3) Maintaining and, as necessary, install or replace instructional
signage as may be directed by the City.
4) Cleanliness of City owned off-street parking facilities.
5) Janitorial services in the parking garage including, but not
limited to cleanliness of parking structure floor, stairwells, hand rails
and daily cleaning of elevator car.
6) Notifying City of any structural damage needing repair.
7) Notifying City of landscaping maintenance needed for any City
owned lots.
8) Paying all parking garage elevator maintenance contract
costs.
9) Advising City of any lighting failures or outages in parking
garage.
10) Keeping drains clear of obstructive debris.
11 ) Keeping pedestrian walks and ramps and vehicle driving
surfaces free from snow and ice to prevent personal injury and
property damage.
12) Providing pedodic secUrity monitoring at The Parking Garage
to ensure adequate security and protection of personal property with
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a minimum coverage of 5 hours per day.(Diamond shall inform City
of security hours on site).
13) Reporting all acts of vandalism and all irregularities and
nuisances occurring in City parking facilities to City Police and City
Project Manager.
14) Shall, on a monthly basis, submit to the City Project Manager,
a summary report of reported acts of vandalism and all irregularities
and nuisances occurring in City parking facilities.
15.) Shall submit quarterly reports to City regarding marketing
strategies and results.
16) Assist City with special event parking.
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EXHIBIT A
1. BREMERTON CITY LIMITS on a complaint and/or referral basis.
2. CENTRAL ZONE
These zones are patrolled every 1-2 hours. Vehicle license plate numbers are entered into
hand-held computers. Tires are marked in 1 & 2 hour, 15 minute, and 30 minute parking
zones.
100-200 blk.. 1st Street
100-200 blk. 2nd Street
200-600 blk. 4th Street
200-600 blk. 5th Street
100-600 blk. Pacific Avenue
200-500 blk. Burwell Street
400-600 blk. Park Avenue
3. WEST RESIDENTIAL ZONES
These zones are patrolled every two (2) hours for vehicles parked without Residential or
Visitor permits displayed.
2700 blk., 1st 2900 & 3200 btk., Farragut
1000-2100 blk., 4th 100-400 blk., S. Lafayette
1000-2100 blk., 5th 2900-3200 blk., Porter
2700 blk., 6th St 300-700 blk., S. Summit
1000-1700 blk., Burwell 3200 blk. Preble
2700 blk., Bum/ell 300 - 600 blk., N. Callow
2100 blk., Burwell Place 200-500 blk., S. Hartford
200-500 blk., Chester 300-500 blk., S. Yantic
1200~1900 blk., Gregory 100, 300,600 blk. N. Montgomery
100-300 blk., State 400-500 blk., S. Charleston
100-300 blk., Anoka 2700-2800 blk., Rogers
200-500 blk., High 3000, 3200 blk., Rogers
300-500 blk., Hewitt 100-300 blk., S. Cambrian
400-500 blk., Veneta 100 blk., N Cambrian
100 blk., Olympic 100 & 300 blk., S. Wycoff
300-500 blk., Olympic 100 & 300 blk., N. Wycoff
100 blk., Arvon 100 blk., Ranier
100 blk., Bloomington
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4. EAST RESIDENTIAL ZONES
These zones are patrolled every 2 hours for vehicles parked without Residential or Visitor
permits displayed and are parked over the 2 hour time limit allowed.
600-1100 blk., Pleasant Ave 500-700, 9th
600-900 blk., Highland Ave 1000-1100, 9th
1000 blk., Shore Dr 1200-1500, 9th
200 & 2300 blk., E 11th 1900, 2300 blk., 9th
1000-1100 blk., Pitt 800, 1000, 8th
2000 blk., Harkins 1200-1500 8th
1300 blk., Ironsides 1900-2100 blk., 8th
2300-2400 blk., Holman 600-1200 blk., Veneta
2500 blk., Cherry PI 600 & 800-1000 blk., Chester
900 blk., Pacific 600-900, 1200 blk., Broadway
1100-800 blk. Cogean 1200-1500 blk., 10th
600, 900-1000 blk. 12th 1700-1800 blk., 10th
1400-1600 blk., 12th 1100 blk., Lincoln
1100-700 blk., McKenzie 1100-1200, 1700 blk.,Ohio
700-1200 Park 1100-1200 blk., Sidney
1500-1700 blk., Park 1000-1100 blk., High
900-1000 blk., 15th 600-1000 blk., Pennsylvania
900, 1100 blk., Pacific 1000 blk., Roosevelt
500-600, 800 blk., 7th 600-800 blk. Olympic
1100, 1200 blk., Elizabeth 1200-1500 blk., 7th
600, 700, 900 blk.,Roosevelt 1900-2300 blk., 7th
5. ON STREET PAYBOX COLLECTION
Money is collected from these boxes at least twice daily. Vehicle tires are marked
according to amount of money paid into the corresponding box.
300 blk. 1st St. 2 boxes 200 blk. 5th St 2 boxes
100 blk. 4th St I box 800 blk. 5th St (north) 1 box
800 blk. 4th St (north) 1 box 800 blk. 5th St (south) 1 box
800 blk. 4th St (south) 1 box 800 blk. Burwell (south) 3 boxes
1600 blk. 4th St 2 boxes 800 blk. Burwell (north) 2 boxes
300 blk Veneta 1 box 200 blk. Warren 1 box
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EXHIBIT B
PARKING ZONES MAP
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