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Home My WebLink About4069 Contract Number: 4069 Vendor: KITSAP TRANSIT Subject: Law Enforcement Services Department: Police File Class: LEG 12 -1 Begin Date: 3/10/2000 End Date: 12/31/2014 Review Date: 9/1/2014 Vault Date: Comments: Addendum #1 -3/02 #2 -1/03 #3 -3/05 #4 -1/07 #5 -6/07 #6- 4/09 #7 2/11, #8 11/8/11, #9 11/8/12, #10 12/19/13 ADDENDUM 9 LAW ENFORCEMENT SERVICES AGREEMENT WEREAS, the City of Bremerton, a municipal corporation (hereinafter referred to as "City "), and Kitsap Transit, (hereinafter referred to as " Kitsap Transit "), a Public Transportation Benefit Authority of the State of Washington, entered into a Law Enforcement Services Agreement (hereinafter referred to as " Agreement "), on March 10, 2000, and subsequently extended in addendums 1 through 8 WHERAS, the parties desire to amend the agreement to extend the term: NOW, THERFORE, the parties agree as follows: 1. The Agreement is amended to become effective January 1, 2013 and shall remain in full force and effect through December 31, 2013. 2. The rate of pay will increase from $45.65 per hour plus $2.85 for vehicle use to a flat rate of $49.50 per hour for a four (4) -hour shift, Monday through Friday (3 00pm- 7:OOpm) or as needed Flat rate includes vehicle use fee. 3 The remaining terms of this Agreement as amended shall remain in full force and effect IN WINESS WEREOF the parties hereto have executed the Addendum On the day of /�/pyr� , 2012. CITY OF BREMERTON KITSAP SIT ,j�i4 1'��e L" J PATTY , Mayor //_ /-(Y / JOHN CLAUSON, Executive Director DEPARTMENTAL APRROVAL APPROVED TO FORM. CRAI o R. GERS, ' e Chief RO ER LUBOVICH, City Attorney ADDENDUM 10 LAW ENFORCEMENT SERVICES AGREEMENT WHEREAS, the City of Bremerton, a municipal corporation (hereinafter referred to as "City "), and Kitsap Transit, (hereinafter referred to as "Kitsap Transit "), a Public Transportation Benefit Authority of the State of Washington, entered into a Law Enforcement Services Agreement (hereinafter referred to as "Agreement "), on March 10, 2000, and subsequently extended in Addendums 1 through 9 WHEREAS, the parties desire to amend the agreement to extend the term: NOW, THEREFORE, the parties agree as follows 1 The Agreement is amended to become effective January 1, 2014 and shall remain in full force and effective through December 31, 2014 2 The rate of pay will increase from a flat rate of $49 50 per hour to $5150 (January 1, 2014 -June 30, 2014) and then increase to a flat rate of $53.50 per hour (July 1, 2014 - December 31, 2014) for a four (4) -hour shift, Monday through Friday (3 OOpm- 7 OOpm) or as needed. Flat rate includes vehicle use fee 3 The remaining terms of this Agreement as amended shall remain in full force and effect IN UTNESS WHEREOF the parties hereto have executed the Addendum On the / 9 day of 17P.G sum Pte- , 2013 CITY OF BREMERTON: KITSAP T SIT: RAN c2LZ PATTY r, Mayidr HN CLAUSON, Executive Director DEPARTMENTAL APPROVAL APPROVED AS TO FORM J STEVEN STRACHAN, Police Chief GER LUBOVICH, City Contract Number: 4069 Vendor: KITSAP TRANSIT Subject: Law Enforcement Services Department: Police File Class: LEG 12 -1 Begin Date: 3/10/2000 End Date: 12/31/2012 Review Date: 11/1/2012 Vault Date: Comments: Addendum #1 -3/02 #2 -1/03 #3 -3/05 #4 -1/07 #5 -6/07 #6- 4/09 #7 2/11, #8 11/8/11 ADDENDUM 8 LAW ENFORCEMENT SERVICES AGREEMENT WHEREAS, the City of Bremerton, a municipal corporation (hereinafter Referred to as "City "), and Kitsap Transit, (hereinafter referred to as " Kitsap Transit "), a Public Transportation Benefit Authority of the State of Washington, entered into a Law Enforcement Services Agreement (hereinafter referred to as "Agreement "), on March 10, 2000, and subsequently extended in addendums 1, 2, 3, 4, 5, 6 and 7 WHEREAS, the parties desire to amend the agreement to extend the term, NOW, THERFORE, the parties agree as follows 1 The Agreement is amended to become effective January 1, 2012 and shall remain in full force and effect through December 31, 2012 2 The rate of pay will remain $45 65 per hour for a four (4) -hour shift, Monday through Friday (3 OOpm -7 OOpm) 3 The remaining terms of this Agreement as amended shall remain in full force and effect IN WITNESS WHEREOF the parties hereto have executed the Addendum On the P -IA day of 1VoP0W(39W— , 2011 CITY OF BREMERTON 7r a e�� c PATTY NT, Mayor RICHARD M HA Executive Director DEPART AL APP V L CR G R ERS, PcVe Chief TO RM ty — Att&ey I \Routed_Ops\Bases\BTC\ aw Enf Sery Agree doc Contract Number: 4069 Vendor: KITSAP TRANSIT Subject: Law Enforcement Services Department: Police File Class: LEG 12 -1 Begin Date: 3/10/2000 End Date: 12/31/2011 Review Date: 11/1/2011 Vault Date: Comments: Addendum #1 -3/02 #2 -1/03 #3 -3/05 #4 -1/07 #5 -6/07 #6- 4/09 #7 2/11 ADDENDUM 7 l LAW ENFORCEMENT SERVICES AGREEMENT WHEREAS, the City of Bremerton, a municipal corporation (hereinafter referred to as "City "), and Kitsap Transit, (hereinafter referred to as " Kitsap Transit "), a Public Transportation Benefit Authority of the State of Washington, entered into a Law Enforcement Services Agreement (hereinafter referred to as "Agreement "), on March 10, 2000, and subsequently extended in addendums 1, 2, 3, 4, 5 and 6 WHEREAS, the parties desire to amend the agreement to extend the term; NOW, THEREFORE, the parties agree as follows- 1. The Agreement is amended to become effective January 1, 2010 and shall remain in full force and effect through December 31, 2011. 2 The remaining terms of this Agreement as amended shall remain in full force and effect IN WITNESS WHEREOF the parties hereto have executed the Addendum on the day of &b, 2011. CITY OF BREMERTON KITSAP TRANSIT: PATT E , Mayor RICHARD M HAYE xecutive Director DEPART NTAL VAL. CRAW R GE olice Chief APP O FO 1 tto y R \ Legal\ Legal \Contracts\Police\ADDENDUM 6 Law Enf Sery Agree Kitsap Transit doc Contract Number: 4069 Vendor: -KITSAP TRANSIT Subject: Law Enforcement Services Department: Police File Class: LEG 12-1 Begin Date: 03/10/2000 End Date: 12/31/2009 Review Date: 05/O1/2019 Vault Date: Comments: Addendum #1-3/02 #2-1/03 #3-3/05 #4-1/07 #5-6/07 #6-4/07 Reminder to Police 3/10 ADDENDUM 6 LAW ENFORCEMENT SERVICES AGREEMENT WHEREAS, the City of Bremerton, a municipal corporation (hereinafter referred to as "City"), and Kitsap Transit, (hereinafter referred to as "Kitsap Transit"), a Public Transportation Benefit Authority of the State of Washington, entered into a Law Enforcement Services Agreement (hereinafter referred to as "Agreement"), on March 1 0, 2000, and subsequently extended in addendums 1,2,3,4 and 5. WHEREAS, the parties desire to amend the agreement to increase the hourly compensation for services rendered by an officer; NOW, THEREFORE, the parties agree as follows: 1. Section 5.1 of the Agreement as amended is hereby amended to read as follows: Effective January 1, 2009, Kitsap Transit shall pay to the City $45.65 per hour for each service hour rendered an officer. 2. The Agreement is amended to become effective January 1, 2009 and shall remain in full force and effect through December 31,2009. 3. The remaining terms of this Agreement as amended shall remain in full force and effect. IN WITNESS WHEREOF the parties hereto have executed the Addendum onthe~dayof~ ,2009. c~~ CARY BOZEMAN, Mayor Executive Director R:\Legal\Legal\Contracts\Police\ADDENDUM 6 Law Enf Serv Agree Kitsap Transit.doc Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 4069 KITSAP TRANSIT Law Enforcement Services Police LEG 12-1 03/10/2000 12/31/2008 11/01/2008 Addendum #1-3/02 #2-1/03 #3-3/05 #4-1/07 #5-6/07 Dee 05 08 10:00a BPD PATROL 3604735396 p.1 ADDENDUM 5 LAW ENFORCEMENT SERVICES AGREEMENT . VlHEREAS, the City of Bremerton, a municipal corporation (hereinafter referred to as "City"), and Kitsap Transit, (hereinafter referred to as "Kitsap Transit"), a Public Transportation Benefit Authority of the State of Washington, entered into a Law Enforcement Services Agreement (hereinafter referred to as "Agreement"), on March 10, 2000, and subsequently extended in addendums 1,2,3 and 4. \VHEREAS, the parties desire to amend the agreement to increase the hourly compensation for services rendered by an officer; NOW, THEREFORE, the parties agree as follows: 1. Section 5.1 of the Agreement as amended is hereby amended to read as follows: Effective June 1,2007, Kitsap Transit shall pay to the City $37.00 per hour for each service hour rendered yan officer. 2. The remaining terms of this Agreement as amended shall remain in full force and effect. IN WITNESS WHEREOF the parties hereto have executed the Addendum on the -L day of --Ju.-Vc:.- , 2007. c~~ C Y BOZ AN, Mayor KITSAP TRANSIT: - e utive Director L: C ~ OVICH, City Attorney R:\Legal\Legal'Controcts\Police\ADDENDUM 5 law EnE Serv Agree Kitsap Transit-doc Vendor Subject Department Status Code Amount Begin Date End Date Review Date Insurance Comments Contract Number 4069 KITSAP TRANSIT Law Enforcement Services Police SVC File Class LEG 12-1 $35.00 03/10/2000 12/31/2008 11/01/2008 GL $ AL $ E&O $ Insurance Total $ Insurance Review Date Hourly Rate - NTE $50000.00 Addendum #1-3/02 #2-1/03 #3-3/05 #4-1/07 ADDENDUM 4 LAW ENFORCEMENT SERVICES AGREEMENT WHEREAS, the City of Bremerton, a municipal corporation (hereinafter referred to as "City"), and Kitsap Transit, (hereinafter referred to as "Kitsap Transit"), a Public Transportation Benefit Authority of the State of Washington, hereto entered into a Law Enforcement Services Agreement (hereinafter referred to as "Agreement"), on March 1 0, 2000, and subsequently extended in addendums 1,2 and 3. WHEREAS, the parties desire to extend the Agreement for an additional two(2) years, NOW, THEREFORE, in consideration for the mutual covenants set forth below, the parties agree as follows: 1. Kitsap Transit will pay to the City $35.00 (thirty-five dollars) per hour for such services rendered by an officer. 2. Annual costs incurred by and services provided to Kitsap Transit under this Agreement shall not exceed $50,000 (fifty thousand dollars) without prior approval by both parties. Kitsap Transit shall monitor its costs. 3. This Agreement is amended to become effective January 1,2007 and shall remain in full force and effect through December 31,2008. 4. The remaining terms of this Agreement shall remain in full force and effect. IN WITNESS WHEREOF the parties hereto have executed the Addendum on the 1 day of Januar 07. c~~ CARY B ZEMAN, Mayor KITSAP TRANSIT: ecutive Director ATTEST/AUTHENTICATED: +--------------------------------------------------------------------------+ '~nter Search Criteria, Press Esc Key to Transmit ,I, "Press Del Key to Terminate Delete Mode -- - - CHANGE Contract Transactions - - - . Contract Number 4069 =F =F =F =FVendor Name KITSAP TRANSIT -- =FSubject LAW ENFORCEMENT SERVICES -- =FDepartment POLICE - - =FStatus Code SVC - - =1= Amount =F =1= Begin Date 03/10/2000 == =1= Insurance End Date 12/31/2006 ., -- Type Amount Review Date 10/01/2006 =F -- =F =f =f - - - - - - Insurance Total $0.00 == -- Insurance Review Date -.- - - =F - - Comments SEE AGREEMENT FOR COMPENSATION =F =f ADDENDUM #1-3/02 #2-1/03 #3-3/05 - - =1= y +--------------------------------------------------------------------------+ ------- .. ADDENDUM 3 LAW ENFORCEMENT SERVICES AGREEMENT WHEREAS, the City of Bremerton, a municipal corporation (hereinafter referred to as "City"), and Kitsap Transit, (hereinafter referred to as "Kitsap Transit"), a Public Transportation Benefit Authority of the State of Washington, hereto entered into a Law Enforcement Services Agreement (hereinafter referred to as "Agreement"), on March 10, 2000, and subsequently extended in addendums 1 and 2 on March 20,2001 and January 1,2003, respectively, WHEREAS, the parties desire to extend the Agreement for an additional two (2) years, NOW, THEREFORE, in consideration for the mutual covenants set forth below, the parties agree as follows: 1. Kitsap Transit will pay to the City $35.00 (thirty-five dollars) per hour for such services rendered by an officer. 2. Annual costs incurred by and services provided to Kitsap Transit under this Agreement shall not exceed $100,000 (one hundred thousand dollars) without the prior approval by both parties. Kitsap Transit shall monitor its costs. 3. This Agreement is amended to become effective January 1,2005 and shall remain in full force and effect through December 31, 2006. 4. The remaining terms of this Agreement shall remain in full force and effect. IN WITNESS WHEREOF the parties hereto have executed the Addendum on the ..Ldayof January, 2005. c~ KITSAP TRANSIT: --,~-C? J2!? ----~-. CARY BOZEMAN, Mayor PAUL SHINNERS, Finance Director A TTEST/ AUTHENTIC A TED: pi#cJ;; APPROVED AS TO FORM: ATTEST/AUTHENTICATED: RO ER LUBOVICH, City A omey I \~ +Browse: Next Previous First Last Update Delete Restart X - Exit + +Retrieve the Next record + +Found: 8 Record(s) MAINTAIN Contract Transactions + + Contract Number 4069 + + + +Vendor Name KITSAP TRANSIT + +Subject LAW ENFORCEMENT SERVICES + +Department POLICE + +Status Code SVC + + Amount + + Begin Date 03/10/2000 + + Insurance End Date 12/31/2004 + + Type Amount Review Date 11/01/2004 + + + + + + + + Insurance Total $0.00 + + Insurance Review Date + + + + Comments SEE AGREEMENT FOR COMPENSATION + + + + + ADDENDUM 2 LAW ENFORCEMENT SERVICES AGREEMENT WHEREAS, the City ofBremerton, a municipal corporation (hereinafter referred to as "City"), and Kitsap Transit, (hereinafter referred to as "Kitsap Transit), a Public Transportation Benefit Authority of the State of Washington, hereto entered into an Agreement, on March 20, 2001. WHEREAS, the parties desire to extend the Agreement for an additional two (2) years, NOW, THEREFORE, in consideration for the mutual covenants set forth below, the parties agree as follows: 1. - Kitsap Transit will pay to the City $35.00 (thirty-fora- dollars)~ hour for such services rendered by an officer. 2.- This Agreement is amended to become effective January 1, 2003 and shall remain in full force and effect through December 31, 2004. 3. - The remaining terms of the Law Enforcement Services Agreement shall remain in full force and effect. IN WITNESS WHEROF the patties hereto have executed the Addendum on the _1 day of January ,2003 __~F~ KITSAP TRANSIT: CARY BOZEMAN, Mayor T DEPAg_~MENTAL APPROVAL: ATI~E, ST/AUTHENTICATED: ROGER LUBOVICH, City Attorney ADDENDUM 1 LAW ENFORCEMF~NT SERVICES AGREEMENT 4069 WHEREAS, the City ofBremerton, a municipal corporation (hereinafter referred to as "City"), and KITSAP TRANSIT, (hereinafter referred to as "Kitsap Transit", a Public Transportation Benefit Authority of the State of Washington, hereto entered into an Agreement on March 10, 2000, WHEREAS, the parties desire to extend the Agreement for an additional two (2) years, NOW, THEREFORE, in consideration for the mutual covenants set forth below, the parties agree as follows: 1. Section 6.0 The term of the Agreement executed by the parties on March 10, 2000, shall be modified to read: This Agreement shall become effective upon the date of signing and shall remain in full force and effect through December 31, 2002 .... 2. The remaining terms of the Law Enforcement Services Agreement shall remain in full force and effect. IN WI .T3X~SS WHEREOF the parties hereto have executed this Addendum on the ~ day of~u~,' , 2001. CITY OF BREMERTON KITSAP~RANSIT ~ ?~' ~ ~ RI CHARD~~HA(~S,~xe utive Director Lh4qfq S. HORTON, Mayor DEPARTMENTAL APPROVAL: Ay~/~A/~T~NTICATED: ROBERT D. VORI~ES, Police Chief i~.PPRO ,~VEIXAS TO FO~: Assi~t City A~omey AT~ST/A~NTICATED: ~t~en McC~ LAW ENFORCEMENT SERVICES AGREEMENT This Agreement is entered into by the City of Bremerton (hereinafter "City"), a chartered municipality of the State of Washington and Kitsap Transit (hereinafter "Kitsap Transit"), a Public Transportation Benefit Authority of the State of Washington in order to contract for the services of regular commissioned police officers. 1.0 Location and Description of Work to be Performed 1.1 This Agreement provides police services to Kitsap Transit at premises designated by Kitsap Transit. Services may be performed at various locations within the City limits of Bremerton, including but not limited to the Bremerton Transportation Center Terminal, construction and paving locations, on-board Kitsap Transit buses and at locations where crowd control, traffic and pedestrian service safety requires police services. The City agrees to provide through its police officers routine law enforcement services, exercise law enforcement powers, provide for security, protection of life and property and the enforcement of relevant laws. 1.2 Kitsap Transit has contracted for these services in the exercise of its independent business judgment and nothing herein shall be interpreted to imply that the level of law enforcement services within the City is inadequate or inappropriate, such level of service to be determined at the sole legislative discretion of the City of Bremerton City Council and the day to day administrative discretion of the Chief of Police. 2.0 Dates and Times of Work Days and hours of work may be requested at the discretion of Kitsap Transit. Whenever possible, at least one week advance notice will be given in order to ensure that officers have adequate notice to sign up for such arrangements. Nothing in this Agreement shall be interpreted as an obligation of the City to guarantee coverage of such service requests. 3.0 Number of Officers The number of officers required to perform each separate duty assignment shall be designated by Kitsap Transit and reviewed by the City. The decision to schedule officer(s) shall be made by the City, in its sole discretion, based on available officers who have indicated their interest in serving in such assignments, the type of event and relevant officer safety issues. Nothing herein shall be interpreted to require the provision of officers at any given time or location and the City reserves the right to call away officers assigned to this special duty in the event of an emergency or other public safety situation which requires the utilization of the full resources of the City's law enforcement personnel. {WSS424875,DOC;2/O0078.900000/} 1 4.0 Uniforms Officers serving on assignment shall wear departmental uniforms except in situations where undercover work is requested by Kitsap Transit and pre-approved by the City. 5.0 Reimbursement Amounts 5.1 Kitsap Transit shall pay to the City $31.00 per hour for each service hour rendered by an officer. 5.2 In the event that a City patrol vehicle is required to perform the requested services, Kitsap Transit shall pay $2.85 per hour for such vehicle. This charge shall be all inclusive and shall compensate the City for any and all damage to the vehicle including but not limited to normal wear and tear, the cost of gasoline and insurance, and any other cost or charge associated with the vehicle and the maintenance thereo£ 6.0 Duration and Termination This Agreement shall become effective upon the date of signing and shall remain in full force and effect through December 31, 2000. It may thereafter be extended by the mutual agreement of the parties, provided, however, that the parties shall review any future increases in the reimbursement amounts specified in paragraphs 5.1 and 5.2 prior to such renewal. The Agreement may be terminated by either party upon the giving of 30 days written notice delivered to the other party at its regular business office. Termination of the Agreement shall not relieve either party of any obligation incurred prior to the termination date and the provisions of the indemnity agreement of paragraphs 10 and 11 shall survive the termination of this Agreement to the extent necessary to fully enfome such paragraph. 7.0 Designation of Officer The City shall finally approve the identity of the individual officers, the number of officers, and other issues related to provision of services under this Agreement in its discretion. The City reserves the right to suspend services under this Agreement or to unilaterally terminate the Agreement on any given date when necessary in its sole discretion to preserve the peace and safety of the officers and the citizens of the City. Nothing herein shall be interpreted to limit or delegate the City's authority to exercise law enforcement powers. Services provided hereunder shall be in accordance with standards established for Washington State police officers and standard operating procedures of the City's Police Department, and the City warrants that all officers who provide services under this Agreement shall be officers in good standing of the City, who are adequately trained to serve as a regular commissioned police officer. 8.0 Enforcement In the event that any judicial action is necessary to enforce this Agreement, the prevailing party shall be entitled to recover his costs, including reasonable attorney's fees. The parties agree {WSS424875.DOC;2/O0078.900000/} 2 however that prior to the initiation of any lawsuit, they shall attempt to reasonably resolve their differences through alternative dispute resolution procedures such as mediation or arbitration as the parties may, by their mutual agreement, provide. 9.0 Licenses and Certifications Kitsap Transit shall be responsible for any and all licenses, fees or insurance required and necessary to perform its normal business in the City of Bremerton. The City shall be responsible for the selection and training of its officers, and any required licenses or certifications necessary for such officers to perform their duties and shall be fully responsible for the cost of adequately arming and supplies its officers during the provisions of their services. 10.0 Independent Contractors The police officers assigned pursuant to this Agreement are neither agents nor employees of Kitsap Transit. The Bremerton Police Department shall have full control and supervision of its officers at all times under the activities of the officers assigned. The City and its officers are independent contractors and Kitsap Transit shall not be liable for any employee related cost or charge of any kind relating to a police officer in the performance of his or her duty under the terms and conditions of this Agreement. The City promises to hold harmless and indemnify Kitsap Transit of any such employee related cost, fee, charge or liability arising from the performance of this Agreement. This Agreement and its terms shall be interpreted to fully effectuate these premises, to the end that the relationship and respective liabilities of the parties shall be the same as if the City's officers were on Kitsap Transit's premises in response to a call for assistance. 11.0 Indemnity Agreement The City promises to hold harmless and indemnify Kitsap Transit, its officers, agents and employees from any claim, exposure or liability which may occur as a result of the City's performance under this Agreement and the performance of its employees, including but not limited to claims, loss or liability based on allegations such as negligence, wrongful act or failure to act, 42 USC § 1983 violation, negligent hiring, training or supervision. PROVIDED, HOWEVER, the City, shall not be required to indemnify for_any risk, exposure or loss suffered as a result of the negligent or concurrently negligent act or omissions or other tortious or wrongful act of Kitsap Transit, its officers, agents and employees. 12.0 Calculation of Service Hours Enforcement action taken during contracted duty assignments could result in an incident and the preparation of incident or arrest reports and prisoner processing. Hours worked in order to complete contracted work shall be billed to K'ltsap Transit and may be in excess of the normal hours expressly requested pursuant to this Agreement. Kitsap Transit agrees to pay such unrequested costs to the limited extent necessary to prepare adequate incident or arrest reports and process prisoners, and other necessary services due to incidents arising during the performance of this Agreement, regardless of whether hours are beyond requested, contracted { WS S424875.DOC;2/0007g.900000/} 3 unrequested costs to the limited extent necessary to prepare adequate incident or arrest reports and process prisoners, and other necessary services due to incidents arising during the performance of this Agreement, regardless of whether hours are beyond requested, contracted service hours. In the event that an officer is required to testify in any judicial proceeding, criminal or civil, connected with any incident, arrest or incarceration, such costs shall be borne by the City. 13.0 Contract Maximum Costs incurred by and services provided to Kitsap Transit under this Agreement shall not exceed $60,000 without the prior approval of both parties. Kitsap Transit shall monitor its costs. This cap amount may be adjusted in any renewal term by mutual agreement of the parties. 14.0 Costs to be Billed Costs incurred under this Agreement shall be billed monthly to Kitsap Transit at 234 South Wycoff, Bremerton, WA 98312, Attn: Accounts Payable. Kitsap Transit shall pay all costs reasonably incurred under this Agreement in its normal payment cycle. 15.0 No third-party right created. Nothing herein shall be interpreted to imply nor create any third-party right, liability or obligation. 16.0 Entire Agreement - Amendment This Agreement constitutes the entire agreement between the parties and any prior agreement, written or oral, shall deemed to be merged with its provisions. The parties further agree that this amendment shall not be modified without the express written consent of each party. Executive Director ATTEST/AUTHENTICATED: ATTEST/AUTHENTICATED: By: ( C~thiex' Kn~x-Br'ow~g ~ ~i."~ Approved as to form: BRF..IMF~O.N CiTY ATTOf?~EY . {WSS424875.DOC;2/OOO7g.900000/} 4