HomeMy WebLinkAbout2018.09.24 Council Workshop PacketWorkshop Meeting
AGENDA
PASCO CITY COUNCIL
6:00 p.m.
September 24, 2018
Page
1. CALL TO ORDER:
2. ROLL CALL:
(a) Pledge of Allegiance
3. VERBAL REPORTS FROM COUNCILMEMBERS:
4. ITEMS FOR DISCUSSION:
3 - 62 (a) 2019 - 2024 Draft Capital Improvement Plan
63 - 71 (b) Presentation - Pasco Fire Department Training Center
Presented by Ed Dunbar, Deputy Fire Chief
72 - 75 (c) Policy Regarding Bonded Indebtedness for Annexed Properties
76 - 99 (d) Electronic Traffic Control
100 - 118 (e) Update on Rivershore Reconveyance Discussions
5. MISCELLANEOUS COUNCIL DISCUSSION:
6. EXECUTIVE SESSION:
7. ADJOURNMENT.
REMINDERS:
1. Monday, September 24, 4:00 p.m., Hanford Area Economic Investment Fund
Committee Meeting – Ben-Franklin Transit Office (COUNCILMEMBER PETE
SERRANO, Rep.).
2. Wednesday, September 26, 7:30 a.m., Visit Tri-Cities Board Meeting – 7130 W.
Grandridge Blvd. (COUNCILMEMBER PETE SERRANO, Rep.;
COUNCILMEMBER CRAIG MALONEY, Alt.).
3. Thursday, September 27, 4:00 p.m., TRIDEC Board Meeting – 7130 W. Grandridge
Blvd. (COUNCILMEMBER DAVID MILNE, Rep.; COUNCILMEMBER CRAIG
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Workshop Meeting September 24, 2018
MALONEY. Alt.).
This meeting is broadcast live on PSC-TV Channel 191 on Charter Cable and
streamed at www.pasco-wa.gov/psctvlive.
Audio equipment available for the hearing impaired; contact the Clerk for assistance.
Spanish language interpreter service may be provided upon request. Please provide
two business day's notice to the City Clerk to ensure availability. (Servicio de
intérprete puede estar disponible con aviso. Por favor avisa la Secretaria Municipal
dos días antes para garantizar la disponibilidad.)
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OverviewFunding6%9%11%10%19%30%13%FacilitiesFire &AmbulanceParks &RecreationPWRFSewerTransportation01002003002014 2015 2016 2017 2018 2019$’s in Millions 59%Funds slated for 2019‐2020 43%Funds slated for Utilities63%Funding SecuredTotal CIP Request$204,647 Million17%Increase over Prior YearCIP Cost TrendPage 4 of 118
CIP Project Amount vs. Project Count050100150200250 $‐ $50,000 $100,000 $150,000 $200,000 $250,0002014 2015 2016 2017 2018 2019$’s in thousandsTotal Proposed CostPage 5 of 118
Funding SourcesCurrent RevenueRates, Taxes, Expansion FeesDebtBonds & LoansGrantsUnsecuredPage 6 of 118
Net Debt as a Percentage of Debt Limit1994199619982000200220042006200820102012201420160%10%20%30%40%50%60%70%80%90%Page 7 of 118
Unsecured Funds1Grants2Bonds3Loans4Partnerships5Unknown/UndecidedFunds are considered unsecured until the City has received confirmation from funding agency, and Council authorizes such actions.
Page 8 of 118
Unsecured Funding ‐ Logistics•Significant infrastructure projects with continuing efforts to close funding gap; e.g., Lewis Street, Peanuts Park•Utility projects with anticipated but not finalized acquisition of debt; e.g., WWTP Facility Capital Improvement•Projects with grants identified as possible funding sources, but funding decisions not made yet; e.g., Sacajawea Heritage Trail•Projects with yet to be determined funding sources; e.g. Fire Stations 83 and 84•Inclusion of project in Capital Improvement Plan is a decision making point for some funding organizationsPage 9 of 118
CIP Completed/Changes – Public Works•Public Works•Butterfield PLC Upgrade•20th Avenue Safety Improvement Project•City Wide Traffic Signal – Phase 1•Columbia Water Intake Project•Oregon Avenue Safety Project – Phase 1•Safe Routes to School (84/Rowena Chess)•East B Circle Roadway ImprovementsPage 10 of 118
CIP Completed/Changes – Public Works ‐continuedCouncil Approval Pending•Police Building•East Side Booster Station•Oregon Avenue Waterline•WWTP Immediate NeedsPage 11 of 118
CIP Completed/Changes ‐ Parks•First Ave Center •Chapel Hill Park Design •Facilities Shop Remodel•Park Property Acquisition at Road 48 & Court•Batting Cages & Office at Softball ComplexPage 12 of 118
FACILITIESPage 13 of 118
Facilities Project SummaryProject NamePlan Year 2019Plan Year 2020Plan Year 2021Plan Year 2022Plan Year 2023Plan Year 2024Total Request 2019-2024FACILITIES9,151,544 3,375,000 200,000 - - - 12,726,544 - Animal Control Shelter 4,344,000 - - - - - 4,344,000 Downtown Police Substation & Services Facility 50,000 - - - - - 50,000 City Hall Remodel Phase II 1,667,544 - - - - - 1,667,544 Wayfinding & Signage 190,000 225,000 200,000 - - - 615,000 Community Center 900,000 3,150,000 - - - - 4,050,000 Gesa Stadium 2,000,000 - - - - - 2,000,000 Page 14 of 118
Animal ShelterCouncil goalJoint venture with City of Richland and KennewickSchedule: Expected to be completed in 2019Funding Source: City of Pasco share (1/3) from REETSchedule: Expected to be completed in 2019Total Estimated Cost: $4.3MPage 15 of 118
Community CenterCouncil goalFunding Source: Approximately $1M secured, remaining unsecured ‐possible UTGO/LTGO bond Schedule: 2019‐2020Total Estimated Cost: $4.0MPage 16 of 118
GESA StadiumUpgrades to 23yr old facilityMany needed for Professional Baseball StandardsLodging Tax funds for 20yr internal loanRecommended by Lodging Tax Advisory CommitteeConstruction 2019Estimated cost: $2.0MPage 17 of 118
FIREPage 18 of 118
Fire Project SummaryProject NamePlan Year 2019Plan Year 2020Plan Year 2021Plan Year 2022Plan Year 2023Plan Year 2024Total Request 2019-2024FIRE/AMBULANCE18,980,000 175,000 - 250,000 - - 19,405,000 Fire Station 83 Replacement 5,919,845 - - - - - 5,919,845 Fire Station 84 Replacement 12,630,155 - - - - - 12,630,155 Fire Station 81 Remodel 180,000 175,000 - 250,000 - - 605,000 Fire Station 85 Land Purchase 250,000 - - - - - 250,000 Page 19 of 118
Fire Station Relocation 83 & 84Station 84Meets Emergency Management PlanIncludes community space for meeting and outdoor spaceSquare Footage: 18,616+4,591Total Estimated Cost: $12.4MStation 83Emergency Management PlanClose proximity to high hazard facilitiesSquare Footage: 10,168Total Estimated Cost: $5.7MInformation above reflects most recent information available as of 09/20/2018 Page 20 of 118
Fire Station 85 Land PurchasePurchase land for future fire station to provide adequate servicesGrowth Management Act requirementLocation: Northwest PascoTotal Estimated Cost: $250KPage 21 of 118
PARKS & RECREATIONPage 22 of 118
Parks and Recreation Project SummaryProject NamePlan Year 2019Plan Year 2020Plan Year 2021Plan Year 2022Plan Year 2023Plan Year 2024Total Request 2019-2024PARK & RECREATION7,465,000 3,605,000 5,500,000 2,560,000 1,435,000 1,320,000 21,885,000 - Peanuts Park Restoration 5,225,000 - - - - - 5,225,000 Schlagel Park Improvements 110,000 610,000 - - - - 720,000 Chapel Hill Park 420,000 - - - - - 420,000 Highland Park Restroom/Concession/Storage Building 200,000 - - - - - 200,000 Dog Park 200,000 - - - - - 200,000 Road 84 Park 400,000 400,000 - - - - 800,000 Road 54 Park Improvement Erwen Property - 20,000 300,000 - - - 320,000 Rd 48 Park Development - - 1,250,000 - - - 1,250,000 Community Park - Northwest - - - 200,000 1,400,000 900,000 2,500,000 A Street Sporting Complex 140,000 900,000 - - - - 1,040,000 Sylvester Park Tennis Court Upgrades - - 80,000 - - - 80,000 Marina Dock Replacement - - 1,300,000 - - - 1,300,000 Pasco Sporting Complex Update Phase II 100,000 - - - - - 100,000 Memorial Pool Upgrades 500,000 - - - - - 500,000 Kurtzman Shelter - 60,000 - - - - 60,000 Parks & Facilities Sign Replacement 20,000 15,000 15,000 - - - 50,000 Sacajawea Heritage Trail- Levee Lowering 100,000 - 2,500,000 2,000,000 - - 4,600,000 Sacajawea Heritage Trail - BNSF Tunnel Passage 50,000 1,600,000 - - - - 1,650,000 FCID Trail Phase I - - 55,000 360,000 - - 415,000 FCID Trail Phase II - - - - 35,000 420,000 455,000 Page 23 of 118
“A” Street Sporting ComplexCouncil goal to provide additional soccer fieldsFunding Source: Anticipated RCO Grant, and Park Development fundSchedule: 2018‐2020Total Estimated Cost: $1.0MPage 24 of 118
Sacajawea Heritage Trail ‐ BNSF Tunnel PassageConnect Sacajawea Heritage Trail to Schlagel ParkFunding Source: Capital Improvement Fund (REET), anticipated RCO grant. Partially unsecuredSchedule: 2019‐2020Total Estimated Cost: $1.6MPage 25 of 118
Sacajawea Heritage Trail – Levee LoweringLower levee and widen trailFunding Source: Anticipated RCO Grant, and Capital Improvement Fund (REET)Schedule: 2019‐2022Total Estimated Cost: $4.6MPage 26 of 118
Memorial Pool UpgradesCover for year‐round usePartnership with local clubs, municipalities, and school districtsFunding Source: External contributions and Capital Improvement Fund (REET)Schedule: 2019Total Estimated Cost: $500KPage 27 of 118
TRANSPORTATIONPage 28 of 118
Transportation Project SummaryProject NamePlan Year 2019Plan Year 2020Plan Year 2021Plan Year 2022Plan Year 2023Plan Year 2024Total Request 2019-2024TRANSPORTATION16,682,000 19,638,000 15,881,000 1,550,000 2,270,000 6,130,000 62,151,000 - Chapel Hill Blvd Extension - LID 150 10,241,000 - - - - - 10,241,000 Argent Road (20th Ave to Rd 44) 1,634,000 317,000 4,178,000 - - - 6,129,000 Lewis Street Overpass 1,000,000 15,447,000 10,553,000 - - - 27,000,000 James Street Improvements 480,000 1,089,000 - - - - 1,569,000 Road 68 Interchange Improvements 548,000 - - - - - 548,000 Crescent Road (Rd 108 to Chapel Hill Blvd) - 200,000 - - - - 200,000 Sandifur Parkway Widening (Rd 52 to 60) - 250,000 - - - - 250,000 Road 100 Widening - - - - 1,220,000 - 1,220,000 Wrigley Drive Extension 354,000 - - - - - 354,000 Sacajawea Park Road Overlay 385,000 - - - - - 385,000 20th Avenue Court Street to Interstate 182 Overlay 440,000 - - - - - 440,000 Sycamore, Hugo & Waldemar Grind & Overlay - - 195,000 - - - 195,000 Annual Sidewalk & Complete Street Project 100,000 200,000 200,000 100,000 100,000 100,000 800,000 Pavement Preservation Program - 555,000 555,000 750,000 750,000 750,000 3,360,000 Sandifur Sidewalk Replacement - 80,000 - - - - 80,000 City Wide Traffic Signal Improvement Phase II 1,500,000 1,500,000 - - - - 3,000,000 Court Street & Road 68 Intersection Improvements - - 150,000 700,000 - - 850,000 Oregon Ave (SR397) Corridor Improvement Phase II - - - - 200,000 2,530,000 2,730,000 Road 76 Overpass - - 50,000 - - - 50,000 Pedestrian Walkway on Road 68 Overpass - - - - - 1,250,000 1,250,000 Pedestrian Walkway on Sylvester Street Overpass - - - - - 1,500,000 1,500,000 Page 29 of 118
Lewis Street OverpassConstruction of a new overpass over the BNSF trackFunding Source: Connecting WA, Anticipated TIB, ArterialSchedule: Construction 2019‐2021Total Estimated Cost: $27.0MPage 30 of 118
Chapel Hill BoulevardExtension of Chapel Hill Blvd from Road 68 to Road 84Funding Source: LID, REETSchedule: Construction 2019Total Estimated Cost: $10.2MPage 31 of 118
Road 68 CorridorConsists of 3 Projects•Wrigley Dr. Extensions (Underway)•Road 68 Interchange Improvements•Road 68 Widening South of I‐182Funding Source: STP, Arterial Fund, Traffic Impact FundSchedule: Varies 2018‐2023Current Federal Grant Funds Available: $915KPage 32 of 118
Argent Road (20th Ave to Rd 36)Two Phases:Phase I ‐ Saraceno/Varney to 20thAvenue IntersectionPhase II ‐ Road 36 to Saraceno/VarneyFunding Source: Arterial Fund, partnerships with CBC & the Port of PascoSchedule: Phase I Construction Complete: Summer 2019Total Estimated Cost: Phase 1 ‐ $1.8M, Phase II ‐ $4.3M
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Pavement Preservation ProgramPreserves and extends life of City streetsCrack seal; Overlay; micro‐surfacingPavement rating system will help prioritize projectsTotal Estimated Cost: $3.4MPage 34 of 118
Annual Sidewalk and Complete Streets ProjectAddress deficiencies of non‐motorized pedestrian infrastructure:•Connectivity•Structural integrity •ADA complianceConstruction: Ongoing 2019‐2024Total Estimated Cost: $800KPage 35 of 118
20th Avenue Court Street to Interstate 182 OverlayGrind, Overlay, Striping ‐ curb to curbSchedule: Design & Construction: 2019Total Estimated Cost: $440KPage 36 of 118
Sacajawea Park Road ‐ OverlayMain thoroughfare for Port of Pasco businessesOverlay approx. 5,000 linear feet ‐Railroad to Hwy 12Parts of street and shoulders have deteriorated Design: 2019; Construction: 2019Total Estimated Cost: $350KPage 37 of 118
UTILITIESPage 38 of 118
WATERPage 39 of 118
Water Project SummaryProject NamePlan Year 2019Plan Year 2020Plan Year 2021Plan Year 2022Plan Year 2023Plan Year 2024Total Request 2019-2024IRRIGATION 1,000,000 453,000 165,000 165,000 165,000 165,000 2,113,000 Annual Irrigation System Improvements - Development 200,000 200,000 25,000 25,000 25,000 25,000 500,000 Annual Irrigation Upsize - Development 50,000 50,000 50,000 50,000 50,000 50,000 300,000 System Improvement & Rehab Projects 90,000 90,000 90,000 90,000 90,000 90,000 540,000 Chapel Hill Boulevard (Road 84 to Road 68) 220,000 - - - - - 220,000 Chapel Hill Boulevard to Interstate 182 - Irrigation Main 100,000 - - - - - 100,000 Chapel Hill Boulevard Pressure Reducing Valve (PRV) 90,000 - - - - - 90,000 Irrigation Main Extension - Wrigley Drive 100,000 113,000 - - - - 213,000 System Evaluation Project 150,000 - - - - - 150,000 Project NamePlan Year 2019Plan Year 2020Plan Year 2021Plan Year 2022Plan Year 2023Plan Year 2024Total Request 2019-2024WATER 2,286,000 1,446,000 3,480,000 7,057,000 6,226,000 6,005,000 26,500,000 Annual Water System Improvements - Development 100,000 100,000 100,000 100,000 100,000 100,000 600,000 Annual Water Upsize - Development 100,000 100,000 100,000 100,000 100,000 100,000 600,000 Chapel Hill Boulevard Water Main Upsize 920,000 - - - - - 920,000 Aquifer Storage & Recovery (ASR) System - - 350,000 1,500,000 - - 1,850,000 West Pasco (WTP) Plant Improvements 800,000 856,000 1,100,000 720,000 - - 3,476,000 Butterfield (WTP) - Chlorine Safety 75,000 250,000 - - - - 325,000 Automated Meter Reading - - 750,000 1,000,000 1,000,000 1,000,000 3,750,000 Reservoir Storage Tank(s) - - 150,000 2,850,000 4,200,000 4,500,000 11,700,000 Water Main Extension - Alton Street (Wehe Ave to the alley west of Owen St) - - - 327,000 - - 327,000 Water Main Extension - Riverhaven Street (Rd 36 to Rd 40) - - - - - 305,000 305,000 Water Main Replacement - Star Lane (Rd 100 to Rd 97) 218,000 - - - - - 218,000 Water Main Replacement - South 18th Ave (Court St to WA Ave) 73,000 - - - - - 73,000 Water Main Replacement - Alley East of Wehe Ave - 140,000 - - - - 140,000 Water Main Replacement - Road 60 (Court St to W Pearl) - - 930,000 - - - 930,000 Water Main Replacement - Richardson Road (Rd 92 to Rd 96) - - - 460,000 - - 460,000 Water Main Replacement - Road 76 (Wernett Rd to Court St) - - - - 826,000 - 826,000 Page 40 of 118
West Pasco WTP ImprovementsAdded filtration and piping to increase treatment capacity Increases potable water supply from 6MGD to 12MGDDesign: 2019; Construction: 2020 ‐ 2022Total Estimated Cost: $3.5MPage 41 of 118
Reservoir Storage TankEvaluate storage needs in NW area and E side.Identify a single storage site to support needs of both areas.Design: 2021‐2022; Construction: 2023 ‐ 2024Total Estimated Cost: $11.7MPage 42 of 118
Waterline Replacement – Star LaneReplace ~ 450’ of 2” PVC water main with 8” ductile iron.Adds 550 feet to loop Road 100 to Road 97 Supports enhanced fire suppression capabilities within the area with with the installation of two fire hydrantsDesign: 2019; Construction: 2019Total Estimated Cost: $218KPage 43 of 118
SEWERPage 44 of 118
Sewer Project SummaryProject NamePlan Year 2019Plan Year 2020Plan Year 2021Plan Year 2022Plan Year 2023Plan Year 2024Total Request 2019-2024IRRIGATION 1,000,000 453,000 165,000 165,000 165,000 165,000 2,113,000 Annual Irrigation System Improvements - Development 200,000 200,000 25,000 25,000 25,000 25,000 500,000 Annual Irrigation Upsize - Development 50,000 50,000 50,000 50,000 50,000 50,000 300,000 System Improvement & Rehab Projects 90,000 90,000 90,000 90,000 90,000 90,000 540,000 Chapel Hill Boulevard (Road 84 to Road 68) 220,000 - - - - - 220,000 Chapel Hill Boulevard to Interstate 182 - Irrigation Main 100,000 - - - - - 100,000 Chapel Hill Boulevard Pressure Reducing Valve (PRV) 90,000 - - - - - 90,000 Irrigation Main Extension - Wrigley Drive 100,000 113,000 - - - - 213,000 System Evaluation Project 150,000 - - - - - 150,000 Project NamePlan Year 2019Plan Year 2020Plan Year 2021Plan Year 2022Plan Year 2023Plan Year 2024Total Request 2019-2024SEWER 10,173,000 5,850,000 5,424,000 5,420,000 6,110,000 5,200,000 38,177,000 - Annual Sewer System Improvements - Development 100,000 100,000 100,000 100,000 100,000 100,000 600,000 Annual Sewer Upsize - Development 100,000 100,000 100,000 100,000 100,000 100,000 600,000 WWTP Facility Capital Improvement Projects - - 3,536,000 5,000,000 5,000,000 5,000,000 18,536,000 Wastewater Treatment Plant (PLC)s and Controls Upgrade 855,000 - - - - - 855,000 River Outfall Phase I 1,464,000 5,000,000 - - - - 6,464,000 Harris Road Sewer Transmission Main 2,500,000 - - - - - 2,500,000 9th & Washington Lift Station 731,000 - - - - - 731,000 Pearl Street Lift Station 510,000 380,000 - - - - 890,000 Road 36 Lift Station Upgrades 281,000 - - - - - 281,000 Maitland Lift Station - Purchase/ Install 4th Pump 132,000 - - - - - 132,000 Broadmoor Area Lift Station 3,500,000 - - - - - 3,500,000 Road 52 & Pearl Street Lift Station - 270,000 1,100,000 - - - 1,370,000 Road 84 & Roberts Drive Lift Station - - - 220,000 910,000 - 1,130,000 Road 44 Corrosion & Odor Control - - 588,000 - - - 588,000 Page 45 of 118
Harris Road Sewer5,290 linear feet new sanitary sewer transmission mainFrom W Court Street, under Interstate 182, to Harris RoadFunding Source: Sewer fundSchedule: Construction 2019Total Estimated Cost: $2.5MPage 46 of 118
Pearl Street Lift Station (Rebuild)Rebuild existing 1950s sewer lift stationExisting access hatch in sidewalkPump station located beneath Pearl St. Design: 2017‐2018; Construction: 2019‐2020Total Estimated Cost: $890K, revenue bondPage 47 of 118
WWTP PLC UpgradeUpgrade 1989 Era Programmable Logic & Controllers (PLC) Replace with modern technologyDesign: 2019; Construction: 2019Total Estimated Cost: $855K, revenue bondPage 48 of 118
River Outfall Phase 1Upsize sanitary sewer outfall pipe to the Columbia RiverHelps increase capacity at the WWTPDesign: 2019; Construction: 2019‐2020Total Estimated Cost: $6.5M, revenue bondPage 49 of 118
STORMWATERPage 50 of 118
Stormwater Project SummaryProject NamePlan Year 2019Plan Year 2020Plan Year 2021Plan Year 2022Plan Year 2023Plan Year 2024Total Request 2019-2024STORMWATER 200,000 200,000 310,000 779,000 200,000 200,000 1,889,000 - Annual Stormwater Improvements - Development 100,000 100,000 100,000 100,000 100,000 100,000 600,000 Capital Stormwater Participation Program 100,000 100,000 100,000 100,000 100,000 100,000 600,000 North Industrial Way Infiltration Retrofit Project - - 110,000 - - - 110,000 1st Avenue Pipe Rehab - - - 249,000 - - 249,000 Sylvester Pipe Relining - - - 330,000 - - 330,000 Page 51 of 118
N. Industrial Way Infiltration Retrofit ProjectIncrease capacity to prevent flooding on N. Industrial WayProvides service for 37 acres of developmentDesigned Design: 2021; Construction: 2021Total Estimated Cost: $110KPage 52 of 118
IRRIGATIONPage 53 of 118
Irrigation Project SummaryProject NamePlan Year 2019Plan Year 2020Plan Year 2021Plan Year 2022Plan Year 2023Plan Year 2024Total Request 2019-2024IRRIGATION 850,000 453,000 165,000 165,000 165,000 165,000 1,963,000 Annual Irrigation System Improvements - Development 200,000 200,000 25,000 25,000 25,000 25,000 500,000 Annual Irrigation Upsize - Development 50,000 50,000 50,000 50,000 50,000 50,000 300,000 System Improvement & Rehab Projects 90,000 90,000 90,000 90,000 90,000 90,000 540,000 Chapel Hill Boulevard (Road 84 to Road 68) 220,000 - - - - - 220,000 Chapel Hill Boulevard to Interstate 182 - Irrigation Main 100,000 - - - - - 100,000 Chapel Hill Boulevard Pressure Reducing Valve (PRV) 90,000 - - - - - 90,000 Irrigation Main Extension - Wrigley Drive 100,000 113,000 - - - - 213,000 Page 54 of 118
Chapel Hill Boulevard (Rd 84 – Rd 68)6,750 lineal feet of 12” irrigation main From Rd. 84 in the Chapel Hill area to Rd. 68 City partnership with development. Construction: 2019Total Estimated Cost: $220KPage 55 of 118
Process Water Resource FacilityPage 56 of 118
PWRF Project SummaryProject NamePlan Year 2019Plan Year 2020Plan Year 2021Plan Year 2022Plan Year 2023Plan Year 2024Total Request 2019-2024PROCESS WATER REUSE FACILITY 17,111,000 2,839,000 - - - - 19,950,000 - Columbia East Force Main & Lift Station 6,943,000 927,000 - - - - 7,870,000 PWRF Solids Handling Improvements 300,000 - - - - - 300,000 PWRF Irrigation Pump Station (IPS) Improvements 4,271,000 - - - - - 4,271,000 Foster Wells Automatic Transfer Switch Replacement 150,000 - - - - - 150,000 PWRF Primary Treatment Improvement 5,447,000 1,912,000 - - - - 7,359,000 Note: Plan shown addresses only near‐term treatment needs. Longer term needs are not identified plan as options vary widely at this point. Additionally, alternatives for additional major users under evaluation which would drive the need for considerable additional private investment to improve the plant.Page 57 of 118
Columbia East Lift Station and ForcemainIndustrial Wastewater Lift Station and Dual Force Mains Directs food processor wastewater to the Process Water Reuse Facility (PWRF)Allows Removal of 1.2MGD from Municipal Wastewater PlantFunding Sources: WA State Dept. of Commerce GrantFranklin County .09 Grant Federal EDA GrantIndustrial Food ProcessorsConstruction Complete: 2019Total Estimated Cost: $7.9MPage 58 of 118
PWRF Solids Handling ImprovementsFacility/System for Solids ManagementWA Dept. of Ecology permit requirementDesign: 2018‐2019; Construction: 2019Total Estimated Cost: $300KPage 59 of 118
PWRF Industrial Pump Station (IPS) ImprovementsReplaces Irrigation Pump StationCurrent Pump Station at Full Capacity and at End of LifeCostly Maintenance and Repair constantly neededDesign: 2018; Construction: 2019Total Estimated Cost: $4.3MPage 60 of 118
PWRF Pretreatment ImprovementsProvides improved Grit and Solids removalUpdated technology and methods to meet Ecology requirementsImproves Effluent QualityIncreases Overall CapacityDesign: 2019‐2020; Construction: 2019‐2020Total Estimated Cost: $7.MPage 61 of 118
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AGENDA REPORT
FOR: City Council September 18, 2018
TO: Dave Zabell, City Manager Workshop Meeting: 9/24/18
FROM: Ed Dunbar, Deputy Fire Chief
Fire Department
SUBJECT: Presentation - Pasco Fire Department Training Center
I. REFERENCE(S):
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Presented by Ed Dunbar, Deputy Fire Chief
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
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Training Center
Pasco Fire Department
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Live Fire Training Prop
Assistance to Firefighter Grant (AFG)
EMW-2016-FR-00553
Regional Grant Awarded June 2017 Page 65 of 118
AFG Status
•Small props at Kennewick and Benton City
•Complete and ready for use
•Large prop at Pasco
•Ready for October Classes
•Training (four classes)
•September & October
•Performance Period amended Page 66 of 118
Page 67 of 118
New prop for Pasco (multifaceted)
Ability to train without leaving city
WSRB Rating decrease
Cooperative efforts with regional
partners
Benefits
Page 68 of 118
Future
Agreement with Franklin FD#3
Live Fire Training requirements
Multi-company drills
Multi-agency drills
Outside classes
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Additional Benefits
•Develop our officer corps leadership skills
•Ability to have safe, repeatable and
reliable training sessions based on real
fire behavior
•Adds capabilities to our current training
program
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Questions?Page 71 of 118
AGENDA REPORT
FOR: City Council September 18, 2018
TO: Dave Zabell, City Manager Workshop Meeting: 9/24/18
FROM: Rick White, Director
Community & Economic Development
SUBJECT: Policy Regarding Bonded Indebtedness for Annexed Properties
I. REFERENCE(S):
Resolution 3403
Proposed Resolution
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
The Petition Method of annexation requires City Council to determine:
• If the City will accept or modify the boundaries of a proposed annexation as
depicted in a valid petition;
• Whether the City will require simultaneous adoption of zoning; and
• Whether the City will require the annexed properties to assume all or a portion
of existing City indebtedness.
In May of 2012 City Council considered and adopted Resolution 3403 which declared
the City would not require the assumption of existed bonded indebtedness for newly
annexed properties. The adoption of Resolution 3403 established formal recognition of
the City's long standing practice of not requiring past bonded indebtedness on newly
annexed properties.
Resolution 3403 was adopted to preclude the objection to annexation that newly
annexed residents in long established areas would be required to pay a portion of their
property tax to retire bonded indebtedness that they were not able to vote upon. This
policy was largely related to annexation of a large unincorporated and populated
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island(s) (commonly referred to as "the doughnut whole") surrounded by incorporated
areas .
Since May of 2012 the City has retired the debts on the then existing bonded
indebtedness concerning the City Hall and Library remodel and the construction of Fire
Station 81.
V. DISCUSSION:
As the City looks to serve an additional 51,000 residents over the next two decades and
looks to the north for lands to accommodate those numbers that will become part of the
City, it is reasonable to revisit this issue at this time for several reasons:
1. There is no current voted and bonded indebtedness that would apply to newly
annexed properties.
2. At the time Resolution 3402 was adopted, annexations were largely coming from
within the "doughnut hole" area, in the future more will come from newly or
undeveloped lands in the NW quadrant of the urban growth area.
2. Much of the land to the north of the current City limits and west of the airport is
farmland, sparsely populated and will likely be included within the City amended
Urban Growth Area. Annexation and development of these properties differ from the
annexation of long-standing developed areas (like those within the unincorporated
island) in that these properties will develop into new homes, neighborhoods and
commercial facilities populated by new residents that recently moved to be part of
Pasco and will add new demands on public infrastructure.
3. The long-standing population in the unincorporated islands while having an impact
on City services for decades, do not creating new impacts to such services as will be
the case with development of lands to the northwest.
4. Future bonded indebtedness is a likely possibility going forward and as a matter of
fairness, it seems appropriate for payments of bonded indebtedness be shared by all
residents of the City - as City infrastructure benefits current City residents and
properties not within city limits but within the Urban Growth Boundaries and residents
of any future annexed area.
Based on these factors, the City Council may wish to consider modifying th e policy
established under Resolution 3403 by consideration of the application of bonded
indebtedness on a case by case basis, with the level of existing historical development
as a factor to be considered in making such a determination.
Staff welcomes Council discussion and direction on this issue.
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RESOLUTION NO. 3 463
A RESOLUTION Concerning Annexation and Bonded Indebtedness.
WHEREAS, the eventual incorporation of the entire western portion of the city's urban
growth area has been a goal of the city for more than 30 years; and
WHEREAS, the majority of the urban growth area has been incorporated through the
annexation process; and
WHEREAS,the City Council has determined for each annexation over the past 20 years,
that the annexing properties would be exempted from paying the property tax otherwise required
for bonded indebtedness approved by city voters prior to the date of annexation of the subject
properties; and
WHEREAS, the current annexation planning effort has raised the question of whether or
not the city would require payment of existing bonded indebtedness of the city upon annexation
of properties remaining in the urban growth area; and
WHEREAS, the City Council finds it is in the best interest of all concerned to provide a
clear and indisputable answer to the question; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO,
Section 1: That the City Council hereby declares that it will not require any properties
within the current Pasco urban growth area to assume existing bonded indebtedness of the city in
concert with annexation of the respective properties.
PASSED by the City Council of the City of Pasco at its regular meeting this 7th day of
May, 2012.
Og,p0Z•1
Matt Watkins, Mayor
AT ESJ: APPR AS TO FORM:
2
De ra ar , City Clerk Leland B. Kerr, City Attorney
Page 74 of 118
RESOLUTION NO. _________
RESOLUTION OF THE PASCO CITY COUNCIL CONCERNING ANNEXATION AND
BONDED INDEBTEDNESS
WHEREAS, the majority of the Urban Growth Area has been incorporated through the Petition
Method of Annexation; and
WHEREAS, the Petition Method of Annexation requires City Council to determine whether a
newly annexed property will be required to assume all or a portion of bonded indebtedness; and
WHEREAS, the City of Pasco does not currently have any existing voter approved bonded
indebtedness; and
WHEREAS, bonded indebtedness is used to finance City infrastructure that benefits both current
and future residents of the City; and
WHEREAS, it is appropriate for bonded indebtedness for the City to be shared by both current
and future City residents;
Now, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
Section 1. That Resolution 3403 be repealed; and
Section 2. That the City Council will require the assumption of bonded indebtedness for
annexed properties.
PASSED by the City Council of the City of Pasco this _____day of _______________, 2018
_____________________________
Matt Watkins
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Daniela Erickson Leland B. Kerr
City Clerk City Attorney
Page 75 of 118
AGENDA REPORT
FOR: City Council July 6, 2018
TO: Dave Zabell, City Manager Workshop Meeting: 9/24/18
FROM: Bob Metzger, Police Chief
Police Department
SUBJECT: Electronic Traffic Control
I. REFERENCE(S):
Proposed Redflex Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
On August 8, 2018 Council approved the use of electronic traffic control on two
intersections in the City of Pasco; 20th and Court, and 68th and Burden. Following that
decision staff is recommending a vendor for this project.
V. DISCUSSION:
Staff has been reviewing possible vendors over the past year and has kept council
informed on this. What has not yet been completed is a contract with the
recommended vendor. Attached to this report is the proposed contract from the
recommended vendor, Redflex.
This contract is for a three year period but it does allow for an early termination. If
terminated early the city would be responsible for a pro-rata share of the costs of the
installed equipment. This rate is determined on a month to month basis so at any time
if the city decides to discontinue this vendor, or the entire program, the city would be
responsible for the entire cost, minus the pro-rata share of time left on the contract. For
example, if the city decided to stop the program after one year the city would pay 1/3
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of the total cost of the equipment installed at the two intersections.
Staff is prepared to answer any additional questions council would have on either the
vendor or the contract.
Page 77 of 118
EXCLUSIVE AGREEMENT BETWEEN THE CITY OF PASCO, WASHINGTON AND REDFLEX
TRAFFIC SYSTEMS, INC. FOR AN AUTOMATED PHOTO ENFORCEMENT PROGRAM
This Agreement (this “Agreement”) is made this ______ day of ____________________ 20_____
(“Effective Date”) between Redflex Traffic Systems, Inc., a Delaware Corporation (“Redflex”), and the
City of Pasco, Washington, a municipal corporation (the “City” and/or the “City”) (each a “Party” and
collectively, the “Parties”), for an Automated Photo Enforcement Program.
RECITALS
A. Violations of Wash. Rev. Code §§ 46.61.050 and 46.61.055, and local ordinances of the Pasco
Municipal Code for failing to stop for a red light or failing to obey a red arrow, have been shown
to pose a significant risk to life and property.
B. It is the objective of the Automated Photo Enforcement Program to reduce the incidents of vehicle
collisions at the traffic intersections that are subject to the Program;
C. Redflex has exclusive knowledge, possession and ownership of certain equipment, licenses,
applications, and citation processes related to the Automated Photo Enforcement Program; and
D. On or about September 1, 2017, the National Cooperative Purchasing Alliance (“NCPA”) awarded
Redflex the Traffic Control, Enforcement, & Signal Preemption Equipment contract to allow
NCPA member agencies the opportunity to procure photo enforcement equipment;
E. As an NCPA member agency, the City desires to procure photo enforcement services through the
NCPA; and
F. The City desires that Redflex furnish and Redflex desires to furnish all equipment, licenses,
applications and back office processing related to the Automated Photo Enforcement Program,
including digital traffic enforcement cameras and equipment for the monitoring and enforcement
of laws regulating traffic signals.
The Parties accordingly agree as follows:
AGREEMENT
1. DEFINITIONS. In this Agreement, the words and phrases capitalized below shall have the following
meanings:
1.1. “Authorized Employee” means the Project Manager or such other individual(s) as the City shall
designate to review Potential Violations and to authorize the issuance of Citations.
1.2. “Authorized Violation” means each Potential Violation in the Violation Data for which
authorization to issue a citation in the form of an Electronic Signature is given by the Authorized
Employee by using the Redflex System.
1.3. “Automated Photo Enforcement Program” or “the Program” are interchangeable and
synonymous and mean the process by which the monitoring, identification and enforcement of
Violations is facilitated by the use of certain equipment, applications and back office processes of
Redflex, including but not limited to cameras, flashes, central processing units, signal controller
interfaces and sensor arrays which, collectively, are capable of detecting Violations and
recording Violation Data in the form of photographic images of motor vehicles.
1.4. “Business Rules” means the set of rules, guidelines, structures and methods of operation that
define specific operational components of the Program.
1.5. “Citation” means the notice of a Violation, which is mailed or otherwise delivered by Redflex on
behalf of the City to the violator on the appropriate Enforcement Documentation for each
Authorized Violation.
1.6. “Confidential or Private Information” means, with respect to any Person, any information, matter
or thing of a secret, confidential or private nature, whether or not so labeled, which is connected
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with such Person’s business or methods of operation or concerning any of such Person’s
suppliers, licensors, licensees, customers or others with whom such Person has a business
relationship, and which has current or potential value to such Person or the unauthorized
disclosure of which could be detrimental to such Person, including but not limited to:
1.6.1. Matters of a business nature, including but not limited to information relating to
development plans, costs, finances, marketing plans, data, procedures, business opportunities,
marketing methods, plans and strategies, the costs of construction, installation, materials or
components, the prices such Person obtains or has obtained from its clients or customers, or at
which such Person sells or has sold its services; and
1.6.2. Matters of a technical nature, including but not limited to product information, trade
secrets, know-how, formulae, innovations, inventions, devices, discoveries, techniques, formats,
processes, methods, specifications, designs, patterns, schematics, data, access or security codes,
compilations of information, test results and research and development projects. For purposes of
this Agreement, the term “trade secrets” shall have the meaning provided under Washington law.
1.6.3. Notwithstanding the foregoing, Confidential Information will not include information
that: (i) was generally available to the public or otherwise part of the public domain at the time of
its disclosure, (ii) became generally available to the public or otherwise part of the public domain
after its disclosure and other than through any act or omission of a Party in breach of this
Agreement, (iii) was lawfully disclosed to a Party by a person other than a Party, (iv) was
required by a court of competent jurisdiction to be disclosed, or (v) was required by applicable
state law to be disclosed.
1.7. “Designated Intersection Approaches” means the Intersection Approaches that the Parties
mutually agree on from time to time. See Exhibit A for the number of approaches.
1.8. “Electronic Signature” means the method through which the Authorized Employee indicates his
or her approval of the issuance of a Citation for a Potential Violation using the Redflex System.
1.9. “Enforcement Documentation” means the necessary and appropriate documentation related to the
Program, including but not limited to warning letters, Citation notices (using the specifications of
the applicable court(s) and the City, a numbering sequence for use on all citation notices (in
accordance with applicable court rules), instructions to accompany each issued Citation
(including in such instructions a description of basic court procedures, payment options and
information regarding the viewing of images and data collected by the Redflex System), chain of
custody records, criteria regarding operational policies for processing Citations (including for
coordinating with the applicable vehicle registry), and technical support documentation for
applicable court and judicial officers.
1.10. “Equipment” means any and all approach cameras, sensors, equipment, components, products,
software and other tangible and intangible property relating to the Program.
1.11. “Fine” means a monetary sum assessed for a Citation, including but not limited to bail
forfeitures, but excluding suspended fines.
1.12. “Governmental Authority” means any domestic or foreign government, governmental authority,
court, tribunal, agency or other regulatory, administrative or judicial agency, commission or
organization, and any subdivision, branch or department of any of the foregoing.
1.13. “Installation Date” means the date on which Redflex completes the construction and installation
of all Intersection Approaches, approved by the Parties as part of the Initial Installation Group
(defined in Exhibit “B”) and has completed the Warning Period in accordance with the terms of
this Agreement so that the Intersection Approaches are fully operational for the purposes of
functioning with the Program.
1.14. “Intellectual Property” means, for any Person, any and all now known or later known tangible
and intangible (a) rights associated with works of authorship throughout the world, including but
not limited to copyrights and mask-works, (b) trademark and trade name rights and similar rights,
(c) trade secrets rights, (d) patents, designs, algorithms and other intellectual or industrial
property rights, (e) all other intellectual and industrial property rights (of every kind and nature
throughout the universe and however designated), whether arising by operation of law, contract,
license, or otherwise, and (f) all registrations, initial applications, renewals, extensions,
continuations, divisions or reissues in force (including any rights in any of the foregoing), of such
Person.
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1.15. “Intersection Approach” means a conduit of travel with up to four (4) contiguous lanes from the
curb (e.g., northbound, southbound, eastbound or westbound) on which at least one (1) system
has been installed for the purposes of facilitating the Program by the City.
1.16. “Lost Profits” means profits that would have been received by a Party had the other Party fully
performed this Agreement, including, but not limited to (a) revenues that would have been
received by the City on account of Citations that might have been issued during periods in which
the Redflex System was not functioning properly, and (b) amounts that must be refunded or
disgorged by the City due to Fines collected as a result of an improper or invalidly issued
Citation.
1.17. “Operational Period” means the period of time during the Term, commencing on the Installation
Date, during which the Program is functional in order to permit the issuance of Citations using
the Redflex System.
1.18. “Person” means a natural individual, company, Governmental Authority, partnership, firm,
corporation, legal entity or other business association.
1.19. “PLATESCAN® System” means the license plate scanning system of Redflex.
1.20. “Potential Violation” means for any motor vehicle passing through a Designated Intersection
Approach, the data collected by the Redflex System concerning such motor vehicle, which data
shall be processed by the Redflex System for the purposes of allowing the Authorized Employee
to review such data and determine whether a traffic violation has occurred.
1.21. “Project Manager” means the project manager appointed by the City in accordance with this
Agreement, which shall be an Authorized Employee and shall be responsible for overseeing the
installation of the Redflex System at the Designated Intersection Approaches and the
implementation of the Program, and which manager shall have the power and authority to make
management decisions relating to the City’s obligations pursuant to this Agreement, including
but not limited to change order authorizations.
1.22. “Proprietary Property” means for any Person, any written or tangible property owned or used by
such Person in connection with such Person’s business, whether or not such property is
copyrightable or also qualifies as Confidential Information, including without limitation
products, samples, equipment, files, lists, books, notebooks, records, documents, memoranda,
reports, patterns, schematics, compilations, designs, drawings, data, test results, contracts,
agreements, literature, correspondence, spread sheets, computer programs and software,
computer print outs, other written and graphic records and the like, whether originals, copies,
duplicates or summaries thereof, affecting or relating to the business of such Person, financial
statements, budgets, projections and invoices.
1.23. “Redflex Marks” means all trademarks registered in the name of Redflex or any of its affiliates,
such other trademarks as are used by Redflex or any of its affiliates on or in relation to the
Program at any time during the Term, service marks, trade names, logos, brands and other marks
owned by Redflex, and all modifications or adaptations of any of the foregoing.
1.24. “Redflex Project Manager” means the project manager appointed by Redflex in accordance with
this Agreement, who shall be responsible for overseeing the construction and installation of the
Redflex System and related equipment at the Designated Intersection Approaches and the
implementation and ongoing services of the Program, and who shall have the power and
authority to make day-to-day management decisions relating to Redflex’s obligations pursuant to
this Agreement; provided, however, the Redflex Project Manager does not have the authority to
authorize change orders without additional Redflex approvals.
1.25. “Redflex System” means, collectively, the Salus® System, SMARTcam® System, the
SMARTscene® System, REDFLEXred® System, REDFLEXradar®” System, SMARTops®
System, Alcyon System, HALO, the Program, and all of the other equipment, applications,
software, hardware, back office processes, servers, off-site backup systems, cameras, sensors,
components, motor vehicles and other related tangible and intangible property, to enable Redflex
to enforce a minimum of one lane of travel at a designated location.
1.26. “REDFLEXradar®” means the detection and tracking system of Redflex relating to the Program.
1.27. “REDFLEXrail® System” means the proprietary digital railroad grade crossing photo
enforcement system of Redflex.
1.28. “REDFLEXred® System” means the proprietary digital red light photo enforcement system of
Redflex relating to the Program.
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1.29. “REDFLEXslimline® System” means the proprietary photo enforcement system of Redflex.
1.30. “Salus® System” means the proprietary software that controls the systems of Redflex relating to
the Program.
1.31. “REDFLEXspeed® System” means the proprietary speed enforcement system of Redflex.
1.32. “REDFLEXstop® System” means the proprietary stop sign enforcement system of Redflex.
1.33. “SMARTcam® System” means the proprietary software system that controls the systems of
Redflex relating to the Program.
1.34. “Alcyon System” means the proprietary back-office processes of Redflex relating to the
Program.
1.35. “SMARTscene® System” means the proprietary digital video camera unit, hardware and
software required for providing supplemental violation data relating to the Program.
1.36. “Traffic Signal Controller Boxes” means the signal controller interface and vehicle detection
owned and operated by the City. This includes the City’s traffic controller, the City’s vehicle
detection equipment, the City’s communication equipment, and the City’s controller cabinet.
1.37. “Violation” means any traffic violation as provided for in any applicable rule, regulation or law
of any other Governmental Authority, including but not limited to operating a motor vehicle
contrary to traffic signals, and operating a motor vehicle without displaying a valid license plate
or registration.
1.38. “Violation Criteria” means the standards and criteria by which Potential Violations will be
evaluated by Authorized Employees of the City, which standards and criteria shall include, but
are not limited to, the duration of time that a traffic light must remain red prior to a Violation
being deemed to have occurred, and the location(s) in an intersection which a motor vehicle must
pass during a red light signal prior to being deemed to have committed a Violation, all of which
shall be in compliance with all applicable laws, rules and regulations of Governmental
Authorities. Should physical criteria change which requires additional modification to the
Program or its detection equipment, any costs incurred in connection with such modifications
shall be the responsibility of the City.
1.39. “Violations Data” means the images and other Violations data gathered by the Redflex System at
the Designated Intersection Approaches.
1.40. "Warning Period" means the period of time after the installation and activation of the first
Designated Intersection Approach during which period only warning notices shall be issued for a
period of thirty (30) days, unless otherwise agreed to by the Parties.
2. TERM. The term of this Agreement shall commence on the Installation Date and continue for a
period of three (3) years, unless terminated earlier as provided for in this Agreement (“Initial Term”).
The Initial Term shall automatically renew for up to two (2) additional consecutive one (1) year time
periods (each a “Renewal Term”). The Initial Term together with each exercised Renewal Term is
collectively the “Term.” Each Renewal Term shall automatically and without any required notice or
action be deemed to have been exercised unless the City provides written notice to Redflex in
accordance with Section 9 of its election not to extend at least thirty (30) days prior to the expiration of
the Initial Term or the applicable Renewal Term. In its sole discretion the City may elect not to extend
under this Section.
3. SERVICES. Redflex shall provide the following services in connection with the Program [such
services, including those outlined in Exhibits B and C are subject to change based on local and State
law]:
3.1. INSTALLATION. With respect to the construction and installation of the Designated
Intersection Approaches and the installation of the Redflex System at such Designated
Intersection Approaches, the City and Redflex shall have the respective rights and obligations set
forth on Exhibit B.
3.2. MAINTENANCE. With respect to the maintenance of the Redflex System at the Designated
Intersection Approaches, the City and Redflex shall have the respective rights and obligations set
forth on Exhibit C.
3.3. VIOLATION PROCESSING. During the Operational Period, Violations shall be processed as
follows:
3.3.1. All Violations Data shall be stored on the Redflex System;
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3.3.2. The Redflex System shall process Violations Data gathered from the Designated
Intersection Approaches into a format capable of review by the Authorized Employee via
the Redflex System;
3.3.3. The Redflex System will be accessible by Authorized Staff through a secure and encrypted
connection by use of a confidential user account on a computer equipped with a high-
speed Internet connection and an approved web browser;
3.3.4. Within six (6) days after gathering the Violations Data from the applicable Designated
Intersection Approach, Redflex shall provide the Authorized Employee with access to the
Redflex System for the purposes of reviewing the pre-processed Violations Data;
3.3.5. The City shall cause the Authorized Employee to review the Violations Data and to
determine whether a Citation shall be issued with respect to each Potential Violation
captured within such Violations Data, and transmit each such determination in the form of
an Electronic Signature to Redflex using the software or other applications or procedures
provided by Redflex on the Redflex System for such purpose. REDFLEX
ACKNOWLEDGES AND AGREES THAT THE DECISION TO ISSUE A CITATION
SHALL BE THE SOLE, UNILATERAL AND EXCLUSIVE DECISION OF THE
AUTHORIZED EMPLOYEE AND SHALL BE MADE IN SUCH AUTHORIZED
EMPLOYEE’S SOLE DISCRETION (A “CITATION DECISION”), AND IN NO
EVENT SHALL REDFLEX HAVE THE ABILITY OR AUTHORIZATION TO MAKE
A CITATION DECISION;
3.3.6. For each Authorized Violation, Redflex shall print and mail a Citation after Redflex’s
receipt of such authorization; provided, however, during the Warning Period, only warning
violation notices shall be issued for all Authorized Violations;
3.3.7. Redflex shall provide a toll-free telephone number for the purposes of answering citizen
inquiries;
3.3.8. Redflex shall permit the Authorized Employee to generate reports using the Redflex
Standard Report System;
3.3.9. Upon Redflex’s receipt of a written request from the City and in addition to the Standard
Reports, Redflex will provide, without cost to the City, access to a reporting tool to allow
the City to generate reports;
3.3.10. During the six (6) month period following the Installation Date and/or upon Redflex’s
receipt of a written request from the City at least fourteen (14) calendar days in advance of
a court proceeding, Redflex shall provide at its expense expert witnesses for use by the
City in prosecuting Violations; provided, however, the City shall use reasonable best
efforts to seek judicial notice in lieu of requiring Redflex to provide such expert witnesses.
After the initial six (6) month period, the City shall be obligated to reimburse Redflex for
the cost of expert witnesses provided at the City’s request.
3.3.11. During the three (3) month period following the Installation Date, Redflex shall provide
training to City personnel as shall be reasonably necessary to allow City personnel to act
as expert witnesses on behalf of the City.
3.4. RECORDS RETENTION. Redflex shall retain Violations Data in accordance with all applicable
law as outlined in the Business Rules.
3.5. PROSECUTION AND COLLECTION; COMPENSATION. The City shall diligently prosecute
Citations and the collection of all Fines related to the Citations. Redflex shall have the right to
receive, and the City shall be obligated to pay Redflex, the compensation set forth on Exhibit D.
On no less than a monthly basis and no later than the 15th calendar day following the end of the
previous month, the City shall provide to Redflex a report, in a format to be mutually agreed to
between the Parties and without cost to Redflex, regarding the Fines and monies collected that
are attributable to the Program so that the Parties may comply with the cost neutrality provisions
set forth on Exhibit “D” attached hereto and incorporated by reference into this Agreement.
3.6. TAXES . Where obligated by applicable law, Redflex shall timely pay all taxes relating to or
arising out of the Program. Unless otherwise indicated, the City agrees to pay any applicable
taxes including but not limited to use, property or sales taxes required at the municipal, county,
state or any other taxing authority level on all applicable consumer services and materials
purchased and/or leased. No charge by the City shall be made for federal excise taxes and City
agrees to furnish Redflex with an exemption certificate where appropriate for any applicable
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sales and/or use taxes. For the avoidance of doubt, it is the Parties intent that this Agreement does
not alter the tax liability of either Party under the applicable law.
3.7. OTHER RIGHTS AND OBLIGATIONS. In addition to all of the other rights and obligations set
forth in this Agreement, Redflex and the City shall have the respective rights and obligations set
forth on Exhibit E.
3.8. CHANGE ORDERS.
3.8.1. The City may from time to time request changes to the work required to be performed or
the addition of products or services to those required pursuant to the terms of this
Agreement by providing written notice to Redflex, setting forth in reasonable detail the
proposed changes (a “Change Order Notice”). Upon Redflex’s receipt of a Change Order
Notice, Redflex shall deliver a written statement describing the cost, if any (the “Change
Order Proposal”). The Change Order Proposal shall include (i) a detailed breakdown of the
charge and any schedule impact, (ii) a description of any resulting changes to the
specifications and obligations of the Parties, (iii) a schedule for the delivery and other
performance obligations, and (iv) any other information relating to the proposed changes
reasonably requested by the City. Following the City’s receipt of the Change Order
Proposal, the Parties shall negotiate in good faith and agree in writing to a plan and
schedule for implementation of the proposed changes, the time, manner and amount of
payment or price increases or decreases, as the case may be, and any other matters relating
to the proposed changes; provided, however, in the event that any proposed change
requested within one year of the Effective Date involves only the addition of equipment or
services to the existing Designated Intersection Approaches, to the maximum extent
applicable, the pricing terms set forth in Exhibit D shall govern. Any failure of the Parties
to reach agreement with respect to any of the foregoing as a result of any proposed
changes shall not be deemed to be a breach of this Agreement provided each Party acted in
good faith.
3.8.2. In the event that the change outlined in the Change Order Notice and the Change Order
Proposal, and approved by the Parties, concerns moving an installed Redflex System to a
new Designated Intersection Approach, then the City shall be responsible for the costs
associated with the removal and reinstallation of the Redflex System and the Term of this
Agreement shall be extended by the number of days equal to the period of time in which
the Redflex System at issue is inactive, if that period of time is fourteen (14) or more
calendar days, unless the City chooses to continue paying the Fixed Monthly Fee , as
outlined in Exhibit D, during such period of time.
3.9. ROAD REPAIRS AND CONSTRUCTION PROJECTS. The Fixed Monthly Fee to be paid will
not be affected by any road repairs, street improvements or stop work order at any Designated
Intersection Approach.
3.10. ANNUAL REPORT. On an annual basis, the City shall report, on the City’s website, the
number of traffic accidents that occurred at each Designated Intersection Approach, as well as the
number of notices of infraction issued for each camera and any other relevant information about
the Program that the City deems appropriate.
3.11. FUTURE SERVICES. If Washington law allows, now or in the future, a Governmental
Authority to suspend the ability to register a vehicle, as controlled by the Washington
Department of Transportation, for Persons with delinquent or unpaid fines, whether criminal or
civil, upon mutual agreement the Parties have the option to mutually agree to execute an
amendment to this Agreement for Redflex to provide the City certain automated scofflaw
services under its ASP and ASP2 Programs, as applicable, to implement such law.
4. LICENSE; RESERVATION OF RIGHTS.
4.1. LICENSE. Subject to the terms and conditions of this Agreement, Redflex grants the City, and
the City accepts from Redflex, a non-exclusive, non-transferable license during the Term to: (a)
solely within the City, access and use the Redflex System for the sole purpose of reviewing
Potential Violations and authorizing the issuance of Citations pursuant to the terms of this
Agreement, and to print copies of any related content posted on the Redflex System, (b) disclose
that Redflex is providing services to the City in connection with Program pursuant to the terms of
this Agreement, and (c) use and display the Redflex Marks on or in marketing, public awareness
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or education, or other publications or materials relating to the Program, so long as any and all
such publications or materials are approved in advance by Redflex.
4.2. RESERVATION OF RIGHTS. The City acknowledges and agrees that: (a) Redflex is the sole
and exclusive owner of the Redflex System, the Redflex Marks, all Intellectual Property arising
from or relating to the Redflex System, and any and all related Equipment, (b) the City neither
has nor makes any claim to any right, title or interest in any of the foregoing, except as
specifically granted or authorized under this Agreement, and (c) by reason of the exercise of any
such rights or interests of the City pursuant to this Agreement, the City shall gain no additional
right, title or interest.
4.3. RESTRICTED USE. The City covenants and agrees that it shall not (a) make any modifications
to the Redflex System, including but not limited to any Equipment, (b) alter, remove or tamper
with any Redflex Marks, (c) use any of the Redflex Marks in any way which might prejudice
their distinctiveness, validity or Redflex’s goodwill, (d) use any trademarks or other marks other
than the Redflex Marks in connection with the City’s use of the Redflex System pursuant to the
terms of this Agreement without first obtaining the prior consent of Redflex, or (e) disassemble,
de-compile or otherwise perform any type of reverse engineering to the Redflex System, the
Redflex Program, including but not limited to any Equipment, or to any Intellectual Property or
Proprietary Property of Redflex, or cause any other Person to do any of the foregoing.
4.4. PROTECTION OF RIGHTS. Redflex shall have the right to take whatever action it deems
necessary or desirable to remedy or prevent the infringement of any Intellectual Property of
Redflex, including without limitation the filing of applications to register as trademarks in any
jurisdiction any of the Redflex Marks, the filing of patent application for any of the Intellectual
Property of Redflex, and making any other applications or filings with appropriate Governmental
Authorities. The City shall not take any action to remedy or prevent such infringing activities,
and shall not in its own name make any registrations or filings with respect to any of the Redflex
Marks or the Intellectual Property of Redflex without the prior written consent of Redflex.
4.5. INFRINGEMENT. The City shall give Redflex prompt notice of any activities or threatened
activities of any Person of which it becomes aware that infringes or violates or potentially
infringes or violates the Redflex Marks or any of Redflex’s Intellectual Property or that constitute
or potentially constitute a misappropriation of trade secrets or act of unfair competition that
might dilute, damage or destroy any of the Redflex Marks or any other Intellectual Property of
Redflex. Redflex shall have the exclusive right, but not the obligation, to take action to enforce
its rights to protect its Marks and Intellectual Property and to make settlements relating to its
Marks and Intellectual Property. In the event that Redflex commences any enforcement action
relating to its Marks or Intellectual Property, the City shall provide Redflex with any reasonable
and lawful cooperation and assistance that Redflex requests. Redflex shall be entitled to any
damages or other monetary amount that might be awarded provided that prior to deduction of
Redflex’s actual costs and attorney’s fees; Redflex shall reimburse the City for any reasonable
costs incurred in providing such cooperation and assistance.
4.6. INFRINGING USE. The City shall give Redflex prompt written notice of any action or claim,
whether threatened or pending, against the City alleging that the Redflex Marks, or any other
Intellectual Property of Redflex, infringes or violates any patent, trademark, copyright, trade
secret or other Intellectual Property of any other Person, and the City shall provide to Redflex
reasonable cooperation and assistance as is requested by Redflex; provided, that Redflex shall
reimburse the City for its reasonable costs incurred in providing such cooperation and assistance.
If Redflex determines, in the exercise of its sole discretion, that an infringement may exist,
Redflex shall have the right, but not the obligation, to procure for the City the right to keep using
the allegedly infringing items, modify them to avoid the alleged infringement or replace them
with non-infringing items.
4.7. UNAUTHORIZED REFERENCES TO REDFLEX. The City shall not utilize, make use of
and/or make any reference to Redflex, its name or likeness, its affiliated, parent or subsidiary
companies or corporations, its logos, insignias, trademarks, trade names, brand, websites,
property, assets, products or services, including, but not limited to: “PLATESCAN® System”;
“REDFLEXradar® System”; “REDFLEXrail® System”; “REDFLEXred® System”;
“REDFLEXslimline® System”; “REDFLEXspeed® System”; “REDFLEXstop® System”;
“Redflex Student Guardian® System”; “Salus® System”; “SMARTcam® System”;
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“SMARTops® System”; “SMARTscene® System”; and/or and any and all combinations,
variants and derivatives of the foregoing, for any reason or purpose without the prior written
approval of Redflex which may be withheld, denied, delayed, rejected and/or refused, by Redflex
in its sole discretion. This Section shall not prohibit the City from releasing information it is
required to release under the Public Records Act, Chapter 42.56 RCW.
5. REPRESENTATIONS AND WARRANTIES.
5.1. REDFLEX REPRESENTATIONS AND WARRANTIES.
5.1.1. Authority. Redflex warrants and represents that it has all right, power and authority to
execute and deliver this Agreement and perform its obligations.
5.1.2. Professional Services. Redflex warrants and represents that any and all services that it
provides pursuant to this Agreement shall be performed in a professional and workmanlike
manner and in compliance with applicable law and by agreed upon specifications.
5.2. CITY REPRESENTATIONS AND WARRANTIES.
5.2.1. Authority. The City warrants and represents that the purchasing program it has relied
upon in entering into this Agreement, National Cooperative Purchasing Alliance
(“NCPA”), is an approved cooperative purchasing program, and the City has all legal
right, power and authority to execute and deliver this Agreement and perform its
obligations. The City warrants and represents that it has complied with all applicable laws
and regulations in entering into this Agreement, including State and Local procurement
laws, and will comply with all applicable laws and regulations in performing under this
Agreement.
5.2.2. Professional Services. The City warrants and represents that any and all services that it
provides pursuant to this Agreement shall be performed in a professional and workmanlike
manner and in compliance with applicable law and by agreed upon specifications.
5.3. LIMITED WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT,
INCLUDING ANY MAINTENANCE OBLIGATIONS SET FORTH IN SECTION 3.2,
REDFLEX MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE REDFLEX SYSTEM
OR ANY RELATED EQUIPMENT OR SOFTWARE, OR WITH RESPECT TO THE RESULTS
OF THE PROGRAM.
6. TERMINATION.
6.1. TERMINATION: Either Party shall have the right to terminate this Agreement by written notice
to the other Parties if (i) state statutes are amended or otherwise changed to prohibit or
substantially change the operation of the Program; (ii) the highest appellate court for the State of
Washington rules that the Violations Data are inadmissible in evidence; or (iii) another Party
commits a material breach of this Agreement. In the event of a breach pursuant to (iii) above, the
breaching Party shall have the right to remedy or cure the material breach within forty-five (45)
calendar days (or within such other time period as the Parties shall mutually agree, which
agreement shall not be unreasonably withheld or delayed) after receipt of written notice from the
terminating Party setting forth in reasonable detail the facts giving rise to the material breach.
Termination of this Agreement based upon an alleged material breach shall not be enforceable or
effective unless the terminating Party mails written notice to the breaching Party not less than
forty-five (45) calendar days before the termination date and provides to the breaching Party the
opportunity to remedy or cure the breach within the time period provided above. The right to
terminate this Agreement shall be without prejudice to any other right or remedy of any Party
with respect to the breach concerned (if any) or any other breach of this Agreement except as
otherwise provided in this Agreement.
6.2. TERMINATION FOR NON-APPROPRIATION. Notwithstanding any provision to the contrary,
if the City is unable to appropriate funds to fulfill its obligations under this Agreement, the City
shall give written notice to Redflex not less than thirty (30) days prior to the end of the fiscal year
for which funds have already been appropriated, together with a financial statement showing the
inability to appropriate funds for the next fiscal year, and this Agreement shall terminate at the
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end of the fiscal year in which notice is given. the City shall use all reasonable efforts to ensure
appropriated funds are available to satisfy the City’s obligations under this Agreement.
6.3. TERMINATION FOR CONVENIENCE. Either Party may terminate this Agreement upon 30
business days’ written notice to the other Party of its intent to terminate this Agreement. If the
City chooses to exercise its option to terminate the Agreement for convenience, the City shall pay
to Redflex an amount equal to the unamortized costs of the direct labor and direct material costs,
and capitalized costs, associated with the installation of all Intersection Approaches installed
pursuant to the terms of this Agreement based upon a three (3) year, month by month
amortization schedule for each Intersection Approaches (referred to as the “Approach 3-Year
Amortization Schedule”). This Approach 3-Year Amortization Schedule shall commence as of
the “Go Live” date of each Intersection Approach. Redflex shall provide the City an itemized
estimate prior to the installation of an Intersection Approach reflecting the cost of labor and
direct material costs. Following the installation of each Intersection Approach, Redflex shall
provide an itemized statement, with supporting invoices and labor expense documentation, to the
City of the amount of direct labor costs and direct material costs solely associated with the
installation of an Intersection Approach.
6.4. PROCEDURES UPON TERMINATION. The termination of this Agreement shall not relieve
either Party of any liability that accrued before termination. Except as set forth in Section 6.4,
upon the termination of this Agreement, all of the provisions of this Agreement shall terminate
and:
6.4.1. Redflex shall: (i) immediately cease to provide services, including but not limited to work
in connection with the construction or installation activities and services in connection
with the Program, provided, however, that, at its option, Redflex may continue to process
data collected prior to the date of termination related to Potential Violations for the
purpose of enabling the City to determine whether a Violation has occurred, and may
continue to print and mail Citations based on such data; (ii) promptly deliver to the City
any and all Proprietary Property or Confidential Information of the City provided to
Redflex pursuant to this Agreement, except for any information necessary for Redflex, at
its option, to process pre-termination data in accordance with the preceding clause (i); (iii)
promptly deliver to the City a final report regarding the collection of data and the issuance
of Citations in a format and for a period of time mutually agreed upon by Redflex and the
City; (iv) promptly deliver to the City a final invoice for all amounts owed by the City to
Redflex for work performed and Citations issued by Redflex prior to the termination; and
(v) provide such assistance as the City may reasonably request from time to time in
connection with prosecuting and enforcing Citations issued prior to the termination of this
Agreement. Redflex shall have no obligation to retain Violations Data after termination of
this Agreement. At termination and upon the City’s prior written request, Redflex will
transfer the Violations Data to the City in accordance with a mutually agreed upon method
of transfer. The City shall be responsible for all costs associated with the transfer of the
Violations Data including but not limited to administrative costs, storage media and
storage media authoring device costs, and internet bandwidth costs incurred in transferring
the Violations Data. Upon completion of the transfer of the Violations Data to the City,
Redflex shall have no obligation or responsibility concerning the Violations Data.
6.4.2. The City shall (i) immediately cease using the Program, accessing the Redflex System and
using any other Intellectual Property of Redflex, except in accordance with Section
6.4.2(i) above, (ii) promptly deliver to Redflex any and all Proprietary Property or
Confidential Information of Redflex provided to the City pursuant to this Agreement with
the exception that the City may maintain a copy of any records in its possession that may
be subject to applicable records retention laws and RCW 42.56 and as amended, and (iii)
promptly pay Redflex any and all fees, charges and amounts that the City owes Redflex
for work performed and Citations issued prior to the termination, as outlined in Exhibit D.
6.4.3. Unless the City and Redflex have agreed to enter into a new agreement relating to the
Program or have agreed to extend the Term, Redflex shall remove any and all above
ground level Equipment or other Redflex materials installed in connection with Redflex’s
performance of its obligations under this Agreement and return the site to substantially the
same condition as it was at the time of the initial Equipment installation. .
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6.4.4. The City shall continue to pay to Redflex a pro rata share of all monies or revenue
generated, collected and/or received by City after the termination of the Agreement that
are, in any way, a result of, associated with and/or attributable to, in whole or in part, the
products or services that Redflex provided to the City pursuant to this Agreement.
6.5. SURVIVAL. Notwithstanding the foregoing, the definitions provided for in Section 1 and each
of the following Sections shall survive the termination of this Agreement: (i) Sections 4.2
(Reservation of Rights), 5.1 (Redflex Representations and Warranties), 5.2 (City Representations
and Warranties), 5.3 (Limited Warranties), 7 (Confidentiality), 8 (Indemnification and Liability),
9 (Notices), 10 (Dispute Resolution), 11.1 (Assignment), 11.17 (Injunctive Relief; Specific
Performance), 11.18 (Applicable Law) and 11.19 (Jurisdiction and Venue), and (ii) any Section
in this Agreement which states, or evidences the intent of the Parties, that the Section survives
the expiration or termination of the Agreement, or must survive to give effect to the Section.
7. CONFIDENTIALITY. During the Term and for a period of three (3) years after its expiration or
termination, neither Party shall disclose to any third person, or use for itself in any way, any
Confidential Information learned from the other Party during the course of the negotiations for this
Agreement or during the Term. Upon termination of this Agreement, each Party shall return to the
other all tangible Confidential Information of such Party. For all requirements under Section 7, each
Party shall retain in confidence and not disclose to any third party any Confidential Information
without the other Party’s express written consent, except (a) to its employees who are reasonably
required to have the Confidential Information, (b) to its agents, representatives, attorneys and other
professional advisors that have a need to know such Confidential Information, provided that such
Parties undertake in writing (or are otherwise bound by rules of professional conduct) to keep such
information strictly confidential, and (c) pursuant to, and to the extent of, a request or order by any
Governmental Authority, including laws relating to public records.
8. INDEMNIFICATION AND LIABILTY.
8.1. Indemnification by Redflex. Subject to Section 8.3, Redflex hereby agrees to defend and
indemnify the City, and its affiliates, shareholders, managers, officers, directors, employees,
agents, representatives and successors, permitted assignees and each of their affiliates, and all
persons acting by, through, under or in concert with them, or any of them (individually a “City
Party” and collectively, the “City Parties”) against, and to protect, save and keep harmless the
City Parties from, and to pay on behalf of or reimburse the City Parties as and when incurred for,
any and all liabilities, obligations, losses, damages, penalties, demands, claims, actions, suits,
judgments, settlements, costs, expenses and disbursements (including reasonable attorneys’,
accountants’ and expert witnesses’ fees) of whatever kind and nature (collectively, “Losses”),
which may be imposed on or incurred by any City Party arising out of or related to (a) any
material misrepresentation, material inaccuracy or material breach of any covenant, warranty or
representation of Redflex contained in this Agreement or (b) the willful misconduct or negligence
of Redflex, its employees or agents which results in death or bodily injury to any person or any
damage to any real or tangible personal property (including the personal property of third
parties), except to the extent caused by the willful misconduct or negligence of any City Party.
8.2. Indemnification by City. Subject to Section 8.3, the City hereby agrees to defend and indemnify
Redflex and its affiliates, shareholders, managers, officers, directors, employees, agents,
representatives and successors, permitted assignees and all persons acting by, through, under or
in concert with them, or any of them (individually a “Redflex Party” and collectively, the
“Redflex Parties”) against, and to protect, save and keep harmless the Redflex Parties from, and
to pay on behalf of or reimburse the Redflex Parties as and when incurred for, any and all Losses
which may be imposed on or incurred by any Redflex Party arising out of or in any way related
to (a) any material misrepresentation, material inaccuracy or material breach of any covenant,
warranty or representation of the City contained in this Agreement, (b) the willful misconduct of
the City, its employees, contractors or agents which result in death or bodily injury to any person
or any damage to any real or tangible personal property (including the personal property of third
parties), except to the extent caused by the willful misconduct or negligence of any Redflex
Party, or (c) any claim, action or demand challenging the City’s use of the Redflex System or any
portion thereof, the validity of the results of the City’s use of the Redflex System or any portion
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thereof, or the validity of the Citations issued, prosecuted and collected as a result of the City’s
use of the Redflex System or any portion thereof, except to the extent caused by the willful
misconduct or negligence of any Redflex Party.
8.3. Indemnification Procedures. In the event any claim, action or demand (a “Claim”) for which any
Party seeks indemnification from the other Party, the Party seeking indemnification (the
“Indemnified Party”) shall give the Party from whom indemnification is sought (the
“Indemnifying Party”) written notice of the Claim promptly after the Indemnified Party first
becomes aware of the Claim; provided, however, that failure so to give such notice shall not
preclude indemnification with respect to such Claim except to the extent of any additional or
increased Losses or other actual prejudice directly caused by such failure. The Indemnifying
Party shall have the right to choose counsel to defend such Claim (subject to the approval of such
counsel by the Indemnified Party, which approval shall not be unreasonably withheld,
conditioned or delayed), and to control, compromise and settle such Claim, and the Indemnified
Party shall have the right to participate in the defense at its sole expense; provided, however, the
Indemnified Party shall have the right to take over the control of the defense or settlement of such
Claim at any time if the Indemnified Party irrevocably waives all rights to indemnification from
and by the Indemnifying Party. The Indemnifying Party and the Indemnified Party shall
cooperate in the defense or settlement of any Claim, and no Party shall have the right enter into
any settlement agreement that materially affects the other Party’s material rights or material
interests without such Party’s prior written consent, which consent will not be unreasonably
withheld or delayed.
8.4. LIMITED LIABILITY. Notwithstanding anything contrary in this Agreement, neither Party
shall be liable to the other Party for any special, incidental, indirect, consequential, exemplary or
punitive damages, including damages resulting from Lost Profits, however caused and on any
theory of liability arising out of or relating to this Agreement.
9. NOTICES. Any notices required by this Agreement shall be in writing, and shall be deemed to have
been given (a) upon delivery, if delivered by hand, (b) three (3) days after being mailed either first
class, certified mail, return receipt requested, postage and registry fees prepaid, or (c) one Business
Day after being delivered to a reputable overnight courier service, excluding the U.S. Postal Service,
prepaid, marked for next day delivery, in each case addressed or sent as follows:
9.1. Notices to Redflex:
Redflex Traffic Systems, Inc.
Attn: Legal Department
5651 W. Talavi Blvd., Suite 200
Glendale, Arizona 85306
E-Mail: legaldepartment@redflex.com
9.2. Notices to the City:
City of Pasco
Attention: Jeff Harpster, Commander
215 W Sylvester St
Pasco, WA 99301
Email: harpsterj@pasco-wa.gov
10. DISPUTE RESOLUTION. The Parties shall engage in informal, good faith discussions and attempt
to resolve any dispute or disagreement between the Parties arising out of or relating to this Agreement
before initiating arbitration, mediation or litigation. In connection with those informal discussions,
each Party shall appoint a designated officer and the designated officers of the Parties shall meet in
person for the purpose of attempting to resolve and dispute. The designated officers shall meet as
often as the Parties shall determine to be reasonably necessary. In the event the dispute is not resolved,
it shall be resolved by binding arbitration pursuant to RCW 7.04A, as amended, and the Mandatory
Rules of Arbitration (MAR); and venue shall be placed in Franklin County, Washington, the laws of
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the State of Washington shall apply, and the prevailing party shall be entitled to its reasonable attorney
fees and costs.
11. MISCELLANEOUS.
11.1. ASSIGNMENT. Neither Party may assign all or any portion of this Agreement without the prior
written consent of the other, which consent shall not be unreasonably withheld or delayed.
11.2. RELATIONSHIP BETWEEN REDFLEX AND THE CITY. Nothing in this Agreement shall
create, or be deemed to create, a partnership, joint venture or the relationship of principal and
agent or employer and employee between the Parties. The relationship between the Parties shall be
that of independent contractors, and nothing contained in this Agreement shall create the relationship
of principal and agent or otherwise permit either Party to incur any debts or liabilities or obligations on
behalf of the other Party (except as specifically provided in this Agreement).
11.3. AUDIT RIGHTS. Each of Parties hereto shall have the right to audit the books and records of the
other Party (the “Audited Party”) solely for the purpose of verifying the payments, if any, payable
pursuant to this Agreement. Any such audit shall be conducted upon not less than forty-eight (48)
hours’ prior notice to the Audited Party, at mutually convenient times and during the Audited
Party’s normal business hours. Except as otherwise provided in this Agreement, the cost of any
such audit shall be borne by the non-Audited Party. In the event any such audit establishes any
underpayment of any payment payable by the Audited Party to the non-Audited Party pursuant to
this Agreement, the Audited Party shall promptly pay the amount of the shortfall, and in the event
that any such audit establishes that the Audited Party has underpaid any payment by more than
twenty five percent (25%) of the amount of actually owing, the cost of such audit shall be borne
by the Audited Party. If the audit establishes any overpayment by the Audited Party of any
payment made pursuant to this Agreement, the non-Audited Party shall promptly refund to the
Audited Party the amount of the overpayment.
11.4. FORCE MAJEURE. No Party will be liable to the other or be deemed to be in breach of this
Agreement for any failure or delay in rendering performance arising out of causes beyond its
reasonable control and without its fault or negligence. Such causes may include but are not
limited to, acts of God, war, terrorism, significant fires, floods, earthquakes, epidemics, severe
weather, quarantine restrictions, strikes, freight embargoes, or Governmental Authorities approval
delays which are not caused by any act or omission of Redflex. The Party whose performance is
affected agrees to notify the other promptly of the existence and nature of any delay.
11.5. ADDITIONAL SERVICES. This Agreement may be amended, in accordance with Section 11.6,
to add additional Redflex systems and products, including, but not limited to school zone speed
enforcement.
11.6. ENTIRE AGREEMENT. This Agreement represents the entire Agreement between the Parties,
and there are no other agreements (other than invoices and purchase orders), whether written or
oral, which affect its terms. This Agreement may be amended only by a subsequent written
agreement signed by both Parties.
11.7. SEVERABILITY. If any provision of this Agreement is held by any court or other competent
authority to be void or unenforceable in whole or part, this Agreement shall continue to be valid as
to its other provisions and the remainder of the affected provision.
11.8. WAIVER. Any waiver by either Party of a breach of any provision of this Agreement shall not be
considered as a waiver of any subsequent breach of the same or any other provision of this
Agreement.
11.9. CONSTRUCTION. This Agreement shall be construed as having been fully and completely
negotiated by both Parties and neither the Agreement nor any of its provision shall be construed
more strictly against either Party.
11.10. HEADINGS. The headings of the sections contained in this Agreement are included for
reference purposes only, solely for the convenience of the Parties, and shall not in any way be
deemed to affect the meaning, interpretation or applicability of this Agreement or any of its terms,
conditions or provisions.
11.11. EXECUTION AND COUNTERPARTS. This Agreement may be executed in any
number of counterparts, each of which when so executed and delivered shall be deemed an
original, and such counterparts together shall constitute only one instrument. Any one of such
counterparts shall be sufficient for the purpose of proving the existence and terms of this
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Agreement, and no Party shall be required to produce an original or all of such counterparts in
making such proof.
11.12. COVENANT OF FURTHER ASSURANCES. All Parties to this Agreement shall, upon
request, perform any and all acts and execute and deliver any and all certificates, instruments and
other documents that may be necessary or appropriate to carry out any of the terms, conditions and
provisions of this Agreement.
11.13. REMEDIES CUMULATIVE. Each and all of the several rights and remedies provided
for in this Agreement shall be construed as being cumulative and no one of them shall be deemed
to be exclusive of the others or of any right or remedy allowed by law or equity, and pursuit of any
one remedy shall not be deemed to be an election of such remedy, or a waiver of any other
remedy.
11.14. BINDING EFFECT. This Agreement shall inure to the benefit of and be binding upon
all of the Parties and their respective executors, administrators, successors and permitted assigns.
11.15. COMPLIANCE WITH LAWS. Nothing contained in this Agreement shall be construed
to require any act contrary to law, and whenever there is a conflict between any term, condition or
provision of this Agreement and any present or future statute, law, ordinance or regulation, the
latter shall prevail, but in such event the term, condition or provision of this Agreement affected
shall be modified or limited only to the extent necessary to bring it within the requirement of the
law, provided that such modification or limitation is consistent with the intent of the Parties as
expressed in this Agreement.
11.16. NO THIRD-PARTY BENEFIT. Nothing contained in this Agreement shall be deemed
to confer any right or benefit on any Person who is not a Party to this Agreement.
11.17. INJUNCTIVE RELIEF; SPECIFIC PERFORMANCE. The Parties agree and
acknowledge that a breach of Sections 4.1 (License), 4.3 (Restricted Use) or 7 (Confidentiality) of
this Agreement would result in severe and irreparable injury to the other Party, which injury could
not be adequately compensated by an award of money damages, and the Parties therefore agree
and acknowledge that they shall be entitled to injunctive relief in the event of any breach of these
Sections, or to enjoin or prevent such a breach.
11.18. APPLICABLE LAW. This Agreement shall be governed solely by and construed, in all
respects, in accordance with the laws of the State of Washington.
11.19. JURISDICATION AND VENUE. Any conflict, claim or dispute between the Parties
affecting, arising out of or relating to the subject matter of this Agreement shall be filed only in and
litigated solely in the Franklin County Superior Court in the State of Washington and all Parties
specifically consent and agree to the exclusive jurisdiction of that court.
11.20. ATTORNEYS’ FEES. In the event any legal action is commenced to enforce or interpret
this Agreement, the prevailing Party is entitled to reasonable attorney’s fees, costs, and expenses
incurred.
11.21. PREVAILING WAGE. Redflex shall be responsible for complying with the applicable
prevailing wage requirements.
11.22. Both Parties agree that no provision or requirement of this Agreement shall be interpreted,
construed, applied, or enforced if it would result in a potential violation by the City of any applicable
statutes or regulations of the State of Washington, including but not limited to Washington State
records retention requirements and Chapter 42.56 RCW, the Public Records Act.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
“The City” “Redflex”
CITY OF PASCO, WASHINGTON REDFLEX TRAFFIC SYSTEMS, INC.
____________________________ ____________________________
Name: ______________________ Name: Michael Finn
Title: ______________________ Title: Vice President
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EXHIBIT “A”
Intersection Approaches,
This Agreement is for the implementation of up to ten (10) Intersection Approaches. The number and
identification of enforced approaches will be based on mutual agreement between Redflex and the City as
warranted by community safety and traffic needs. Nothing in this Agreement shall be construed as
requiring the Parties install the maximum number of approaches authorized herein.
The City will make all reasonable efforts to provide the list of proposed intersections under consideration
prior to formal project kick-off to the designated Redflex project manager.
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EXHIBIT “B”
Construction and Installation Obligations
Timeframe for Installation: Automated Photo Enforcement Program:
Redflex will install, deliver and activate the Designated Intersection Approaches in phases in accordance
with an implementation plan to be mutually agreed to by Redflex and the City. As part of the
implementation plan, the Parties will mutually agree upon the number and location of the Intersection
Approaches that Redflex will install as part of the initial project kick-off (“Initial Installation Group”). The
Initial Installation Group shall be limited to four (4) Intersection Approaches.
Redflex will use reasonable commercial efforts to install and activate the Initial Installation Group within
sixty (60) days of the latest of a) formal project kick-off; b) receipt of the required City approved program
Business Rules; and c) receipt of all required government approvals. The City agrees that the estimated
timeframe for installation and activation are subject to conditions beyond the control of Redflex and are not
guaranteed.
In order to provide the City with timely completion of the installations, Redflex requires that the City assist
with obtaining timely responses to permit requests. The City acknowledges the importance of the safety
program and undertakes that in order to keep the project on schedule the City will provide engineering
review(s) of Redflex permit requests and all documentation in a timely manner.
1. REDFLEX OBLIGATIONS. Redflex shall do or cause to be done each of the following (in each case,
unless otherwise stated below, at Redflex’s sole expense):
1.1. Appoint the Redflex Project Manager and a project implementation team;
1.2. Request current “as-built” electronic engineering drawings for the Designated Intersection
Approaches (the “Drawings”) from the City traffic engineer;
1.3. Develop and submit to the City for approval construction and installation specifications in
reasonable detail for the Designated Intersection Approaches, including but not limited to
specifications for all radar sensors, pavement loops, electrical connections and traffic controller
connections, as required;
1.4. Seek approval from the relevant Governmental Authorities having authority or jurisdiction over
the construction and installation specifications for the Designated Intersection Approaches
(collectively, the “Approvals”), which will include compliance with City permit applications;
1.5. Finalize the acquisition of the Approvals;
1.6. Apply for and pay the business tax and registration tax for a business license, in accordance with
Pasco Municipal Code;
1.7. Assist the City in developing a public awareness strategy, which may include media and
educational materials;
1.8. Complete the installation and testing of all necessary Equipment, including hardware and
software, at the Designated Intersection Approaches;
1.9. Cause an electrical sub-contractor to complete all reasonably necessary electrical work at the
Designated Intersection Approaches, including but not limited to the installation of all related
Equipment and other detection sensors, poles, cabling, telecommunications equipment and
wiring, which work shall be performed in compliance with all applicable local, state and federal
laws and regulations;
1.10. Install and test the functionality of the Designated Intersection Approaches with the Redflex
System and establish fully operational Violation processing capability with the Redflex System;
1.11. Implement the use of the Redflex System at each of the Designated Intersection Approaches;
1.12. Deliver the Materials to the City;
1.13. Citation processing and citation issuance/re-issuance for Authorized Violations;
1.14. Once a year, upon request of the City, provide training (i) for up to fifteen (15) personnel of the
City, including but not limited to the persons who City shall appoint as Authorized Employees
and other persons involved in the administration of the Program, (ii) for up to sixteen (16) hours
in the aggregate, (iii) regarding the operation of the Redflex System and the Program, which
training shall include training with respect to the Redflex System and its operations, strategies for
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presenting Violations Data in court and judicial proceedings and a review of the Enforcement
Documentation;
1.15. Provide all necessary communication, broadband and telephone services to the Designated
Intersection Approaches;
1.16. Establish an interface by utilizing City’s ability, as a government entity, to access the records data
of the Department of Motor Vehicles. Redflex will assist the City in the developing an interface
to be provided by the Department of Motor Vehicles;
1.17. Interact with court and judicial personnel to address issues regarding the implementation of the
Redflex System, the development of a subpoena processing timeline that will permit the offering
of Violations Data in court and judicial proceedings, and coordination between Redflex, and the
City; and
1.18. The Redflex Project Manager (or a reasonable alternate) shall be available to the Authorized
Officers each day, on a reasonable best efforts basis.
2. CITY OBLIGATIONS. The City shall do or cause to be done each of the following (in each case,
unless otherwise stated below, at the City’s sole expense):
2.1. Appoint the Project Manager;
2.2. Assist Redflex in obtaining the Drawings from the relevant Governmental Authorities;
2.3. Notify Redflex of any specific requirements relating to the construction and installation of any
Intersection Approaches or the implementation of the Program;
2.4. Provide ongoing assistance to Redflex in obtaining access to the records data of the Department
of Motor Vehicles in Redflex’s capacity as an independent contractor to the City;
2.5. Provide reasonable access to the City’s properties and facilities in order to permit Redflex to
install and test the functionality of the Designated Intersection Approaches and the Program;
2.6. Provide reasonable access to the personnel of the City and reasonable information about the
specific operational requirements of such personnel for the purposes of performing training;
2.7. Seek approval or amendment of Awareness Strategy and provide written notice to Redflex with
respect to the quantity of media and program materials (the “Materials”) that the City will require
in order to implement the Awareness Strategy during the period commencing on the date on
which Redflex begins the installation of any of the Designated Intersection Approaches and
ending one (1) month after the Installation Date;
2.8. Develop the Violation Criteria and provide the Violation Criteria to Redflex;
2.9. Seek approval of the Enforcement Documentation;
2.10. On no less than a monthly basis and no later than the 15th calendar day following the end of the
previous month, the City shall provide, without cost to Redflex, reports regarding the prosecution
of Citations, the collection of fines, fees and other monies and available collision data, in such
format as Redflex may reasonably request;
2.11. Yellow Light Timing Review: The City is responsible to ensure that the yellow or amber light
phase timing at all photo enforced intersections meets minimum standards according to Federal,
State, and local laws, guidelines, and/or rules;
2.12. Provide on-going adequate electrical power in order to operate the Designated Intersection
Approaches;
2.13. The City will allow Redflex to use existing conduit space and existing infrastructure, including
but not limited to traffic signal poles and light poles, as available;
2.14. The City shall be responsible to provide and install LED traffic signal lights (yellow and red) at
all enforced locations; and
2.15. The City is responsible for all computer hardware, web browsers and high-speed Internet access
necessary for the Authorized Employee to access the Redflex systems and software;
2.16. The City shall be solely responsible for the fabrication of any signage, notices or other postings
required pursuant to any law, rule or regulation of any Governmental Authority (“Signage”),
including but not limited to the applicable State statute. The City shall be responsible for
installing required Signage.
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EXHIBIT “C”
Maintenance
1. All repair and maintenance of the Program and related equipment will be the sole responsibility of
Redflex, including but not limited to maintaining the casings of the cameras included in the Redflex
System and all other Equipment in reasonably clean and graffiti-free condition.
2. Redflex shall not open the Traffic Signal Controller Boxes without a representative of City Traffic
Engineering present.
3. In the event that images of a quality suitable for the Authorized Employee to identify Violations cannot
be reasonably obtained without the use of flash units, Redflex shall provide and install such flash units.
4. Redflex may assign specific personnel to provide follow up assistance to the City in the form of the
HELPDESK, a designated City Service Representative and a Director of Accounts.
5. Redflex will make commercially reasonable efforts to promote the City’s successful utilization of the
System, including but not limited to providing the City with user guides, online help, online training
and presentations (as available). Redflex will respond to helpdesk requests for support within 8 hours
of the request except where circumstances beyond its control preclude a response within that time.
Redflex will use commercially-reasonable efforts to respond to all other support requests within 24
hours for requests received during the period of 8 am to 5 pm Central Standard Time, Monday through
Friday. Redflex shall be responsible for receiving City reports of errors in the System, and, to the
extent practicable over email or telephone, making commercially-reasonable efforts to assist the City
in resolving the City’s reported problems. If the problem cannot be resolved telephonically, Redflex
will use commercially-reasonable efforts to restore functionality in accordance with System
specifications within 72 hours of Redflex’s receipt of the reported problem.
6. Redflex must promptly notify the City of any and all upgrades and technology modifications, including
but not limited to software, hardware, camera systems, violation detection systems upon the product’s
general availability (not in alpha, beta and testing phases). Should the City decide to implement any
such upgrades or modifications it will be at a price and on terms mutually agreed by the Parties.
7. In the event a camera system is knocked down or suffers vandalism rendering the approach
inoperative, the City will secure the camera system by removing the system from the scene and storing
it in a secure location. Redflex must pay the City for the cost of a City maintenance team to secure
their camera system when an after-hours callout is required. Redflex is not required to reimburse the
City when a City maintenance team secures a camera system during regular business hours.
8. The City shall notify Redflex as soon as possible if any camera system is knocked down or subject to
vandalism.
9. Roadway/Intersection improvement projects: City shall reimburse Redflex the costs of replacing and or
modification of operational system approaches necessitated or caused by roadway or intersection
improvement projects.
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EXHIBIT “D”
COMPENSATION & PRICING
PRICING PROVISIONS AND OPTIONS:
The City agrees to pay Redflex as follows:
Designated Intersection Approaches
The City shall pay Redflex $4,870 per Designated Intersection Approach per month.
BUSINESS ASSUMPTIONS FOR ALL PRICING PROVISIONS AND OPTIONS:
1. Each year, on the anniversary date of the contract, the pricing will increase by a percentage equal to the
U.S. Department of Labor CPI-U, U.S. City Average for the preceding calendar year.
2. Except for a balance remaining pursuant to the Cost Neutrality provision below, City agrees to pay
Redflex within thirty (30) days after an invoice is received. A monthly late fee of 1.5% is payable for
amounts remaining unpaid 60 days from date of invoice.
3. All fees charged by third parties for processing credit cards (“Merchant Fees”) will be borne by the
City and paid from the paid Citations. Online convenience fees are not considered Merchant Fees or
revenue received or as payment toward the Fixed Monthly Fee to be paid by the City. Online
convenience fees are the responsibility of the Violator and are passed solely onto Redflex.
4. At the City’s request, Redflex can implement a default collection process managed by a third-party
collections expert with the aim of increasing violator compliance. If the Parties decide to use a third-
party collections expert, they shall do so in a written amendment to this Agreement that shall provide
for any corresponding changes to the terms and conditions in this Agreement.
5. Cost Neutrality
5.1. The City shall have the option to make payments to Redflex in accordance with the Cost
Neutrality Payment Option. Under this option, the City may defer payment of that portion of the
monthly service fee in excess of the amount collected during that month until the City has
collected sufficient funds pursuant to this Agreement to pay that portion of the monthly service
fee (“Deferred Monthly Service Fee”). A Deferred Monthly Service Fee shall be paid from the
funds collected in the following month pursuant to this Agreement provided that sufficient funds
are collected during that month to pay the Deferred Monthly Service Fee. Specifically, the funds
collected each month pursuant to this Agreement shall be applied first to any unpaid Deferred
Monthly Service Fees and then to that month’s service fee; provided, however, that the City shall
never be required to pay in any month an amount in excess of the funds collected that month.
5.2. Redflex shall maintain an accounting of the net balance of monthly service fees and Deferred
Monthly Service Fees owed to Redflex. In any event, the City will not be obligated to pay the full
amount of an invoice for any given month unless there is sufficient revenue collected in that
month to pay all of the amounts of the prior invoices that were deferred as well as the full amount
of the current month's invoice.
5.3. Cost Neutrality will be reconciled at the end of the contract. If at the expiration or termination of
this Agreement there is an outstanding balance of unpaid Deferred Monthly Service Fees, any
funds collected by the City for the subsequent twelve (12) months on account of Citations issued
as a result of the Program shall be applied to the outstanding balance until that balance is fully
paid.
5.4. Cost neutrality is guaranteed except as follows:
5.4.1. If police or Authorized Employees fail to approve violations by the due date, in good faith
and due diligence;
5.4.2. If systems are de-activated due to City requirement;
5.4.3. If collections are not reasonably pursued, unless, despite attempts by the City to encourage
collections by the courts, the courts fail to pursue unpaid collections;
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5.4.4. The City fails to enforce right turn violations (from automated red-light violations), in good
faith and due diligence, if and when systems are configured for this purpose as mutually
agreed between Redflex and the City; or
5.4.5. City directs Redflex to install a camera at a site that is not mutually agreed upon.
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EXHIBIT “E”
Additional Rights and Obligations
Redflex and the City shall respectively have the additional rights and obligations set forth below:
1. Redflex shall assist the City in public information and education efforts, including but not limited to
the development of artwork for utility bill inserts, press releases and schedules for any public launch of
the Program. All costs related to the foregoing, including actual print and production costs, are the
responsibility of the City.
2. The City shall not access the Redflex System or use the Program in any manner other than prescribed
by law and which restricts or inhibits any other Person from using the Redflex System or the Program
with respect to any Intersection Approaches constructed or maintained by Redflex for such Person, or
which could damage, disable, impair or overburden the Redflex System or the, and the City shall not
attempt to gain unauthorized access to (i) any account of any other Person, (ii) any computer systems
or networks connected to the Redflex System, or (iii) any materials or information not intentionally
made available by Redflex to the City by means of hacking, password mining or any other method
whatsoever, nor shall the City cause any other Person to do any of the foregoing.
3. The City shall maintain the confidentiality of any username, password or other process or device for
accessing the Redflex System or using the Program.
4. Redflex and the City shall advise each other in writing with respect to any applicable rules or
regulations governing the conduct of the other on or with respect to the property of such other Party,
including but not limited to rules and regulations relating to the safeguarding of confidential or
proprietary information, and when so advised, Redflex and the City shall obey any and all such rules
and regulations.
5. The City shall promptly reimburse Redflex for the cost of repairing or replacing any portion of the
Redflex System, or any property or equipment related thereto, damaged directly or indirectly by the
City, or any of its employees, contractors or agents.
6. The Parties shall agree on specific Business Rules governing the function and operation of the Redflex
System.
6.1.
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EXHIBIT “F”
Insurance
1. Redflex shall procure and maintain at Redflex’s sole cost and expense the following insurance
coverage in connection with the performance of work or services pursuant to this Agreement by
Redflex, and each of Redflex’s subcontractors, agents, representatives and employees:
– Commercial General Liability Insurance. Commercial General Liability Insurance with
coverage limits of not less than One Million Dollars ($1,000,000) combined single limit
per occurrence for bodily injury and property damage, Two Million Dollars ($2,000,000)
Products-Completed Operations Aggregate and Two Million Dollars ($2,000,000)
General Aggregate, such limits of coverage may be met through any combination of
primary and excess liability policies;
– Business Automobile Liability Insurance. Business Automobile Liability Insurance with
coverage of not less than One Million Dollars ($1,000,000) combined single limit per
accident for bodily injury or property damage, including but not limited to coverage for
all automobiles owned, non-owned and hired by Redflex, such limits of coverage may be
met through any combination of primary and excess liability policies;
– Professional Liability (Errors and Omissions) Insurance. Redflex will use its commercial
best efforts to procure and maintain Professional Liability (Errors and Omissions)
Insurance with coverage of not less than Two Million Dollars ($2,000,000) each and
every claim and in the Aggregate; and
– Workers’ Compensation and Employer’s Liability Insurance. Workers’ Compensation
Insurance with coverage of not less than that required by the Labor Code of the State of
Washington, and Employer’s Liability Insurance with coverage of not less than:
$1,000,000 Bodily Injury by Accident – Each Accident
$1,000,000 Bodily Injury by Disease – Policy Limit
$1,000,000 Bodily Injury by Disease – Each Employee
2. With respect to the Commercial General Liability Insurance the following additional provisions
shall apply:
– The City or Cities shall be named as additional insureds with respect to the Commercial
General Liability insurance; and
– The Commercial General Liability insurance shall be the primary insurance with respect
to the City or Cities in connection with this Agreement, and any insurance or self-
insurance maintained by the City or Cities shall be in excess, and not in contribution to,
such insurance; and
– The Commercial General Liability insurance shall include “Separation of Insureds”
wording which states that such insurance coverage shall apply separately with respect to
each insured against whom claim is made or suit is brought, except with respect to the
limits of insurance or any rights or duties specifically assigned to Redflex in such
insurance policies.
3. With respect to the insurance described above, Redflex shall not cancel or materially reduce the
coverage without providing the City thirty (30) days prior written notice by certified mail. With
respect to the insurance described above, if any of the Redflex Parties are notified by any insurer
that such coverage will be materially reduced or cancelled, Redflex shall provide written notice
within ten (10) business days of receipt of such notice to the City or Cities and shall take all
necessary actions to correct such cancellation in coverage limits, and shall provide written notice
to the City or Cities of the date and nature of such correction. If Redflex, for any reason, fails to
maintain the insurance coverage required pursuant to this Agreement, such failure shall be deemed
a material breach of this Agreement, and the City or Cities shall have the right, but not the
obligation and exercisable in its/their sole discretion, to either (i) terminate this Agreement and
seek damages from Redflex for such breach, or (ii) purchase such required insurance, and without
further notice to Redflex, deduct from any amounts due to Redflex pursuant to this Agreement,
any premium costs advance by the City or Cities for such insurance. If the premium costs
advanced by the City or Cities for such insurance exceed any amounts due to Redflex pursuant to
Page 98 of 118
this Agreement, Redflex shall promptly remit such excess amount to the City or Cities upon
receipt of written notice thereof.
4. Redflex shall provide certificates of insurance evidencing the insurance required pursuant to the
terms of this Agreement, which certificates shall be executed by an authorized representative of
the applicable insurer, and which certificates shall be delivered to the City prior to Redflex
commencing any work pursuant to the terms of this Agreement.
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AGENDA REPORT
FOR: City Council September 19, 2018
TO: Dave Zabell, City Manager Workshop Meeting: 9/24/18
FROM: Stan Strebel, Deputy City Manager
Executive
SUBJECT: Update on Rivershore Reconveyance Discussions
I. REFERENCE(S):
PowerPoint Presentation on Options
COE Ownership Photos
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
None at this time. Future fiscal impacts will be dependent on direction provided and
decisions made at a later date.
IV. HISTORY AND FACTS BRIEF:
In February this year, City Council heard a presentation about possible reconveyance
of federally owned Columbia River shoreline properties managed by the United States
Army Corps of Engineers (COE). The presentation by proponents of reconveyance
described the possibility of federal legislation that would initiate a sequence of events
resulting in the transfer of ownership of all or specific parcels included in the
aforementioned properties to the local governments in the Tri-cities adjacent the
Columbia River.
To obtain a better understanding of the duties, obligations and costs associated with
reconveyance the COE was invited to address the Pasco and Richland City Councils at
a joint meeting on May 21.
As further public discussion ensued, the City of Kennewick and TRIDEC officials
hosted a meeting in early August and the City of Pasco co-hosted a meeting with
TRIDEC last week (9/20) at TRAC. A meeting has also been scheduled in Richland.
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The City has retained David Stockdale, of CC&S Management Services, to assist in
data collection and review of alternatives. Mr. Stockdale will present brief history and
a summary of the issues regarding reconveyance, and the alternatives to consider going
forward.
V. DISCUSSION:
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COLUMBIA RIVER SHORELINERECONVEYANCEDISCUSSION UPDATEPPREPAREDDDFORRRTHEECCCCCITYYYYYOFOFPPPPASCOBBYYYDDDDDAVEVESSSSTOCKDALECC&S MMMANAGEMENTNNTSSSSERVICESSeptember 24, 2018Page 102 of 118
GENERAL TIMELINE1948:Columbia River Flood causes extensive property damage 1952: Construction of the McNary Dam1988:Rivershore Enhancement -Tri-Cities Goal Rivershore Master Plan: “shoreline is a treasured resource” 1992:COE report identifies levees that could be lowered1996:Water Resources Development Act (WRDA) Page 103 of 118
GENERAL TIMELINE CONTINUED…2004-2008: Cities enter lease agreements with COE and complete projects to enhance public recreation.2008: Kennewick given notice that commercial activities, even temporary, must cease on COE land2010: Kennewick and others begin work on determining options to move forward with mixed use activities in Columbia Park. 2011-2018: Tri-Cities Rivershore Enhancement Council (TREC) adopts master plan including reconveyance and enhancementsPage 104 of 118
RECENT PUBLIC MEETINGS MAY 2018•Combined Pasco/Richland Meeting•Reviewed questions regarding process, costs, timelines, etc. •Any future conveyance based on legislation•New legislation to determine the responsibility for:•Operations and FEMA •Encroachments•Flood Control System •Management of Out-grants •Cultural Resource, Environmental Resource, and Tribal InteroperationsPage 105 of 118
RECENT PUBLIC MEETINGS•August 3, 2018: Kennewick Community Meeting•Presentations by TRIDEC, Newhouse’s Office, and Brad Fisher•Approximately 100 in attendance.•More than 15 people provided comments. •August 17, 2018: Walla Walla District Technical Staff Meeting with COE•Approximately 30 local and federal agency reps.•Discussed current allowances of WRDA•Discussed process and rationale of pursuing new legislationPage 106 of 118
PASCO IS CONSIDERING 5 OPTIONS*Note: Regardless of options, all federal and state regulations will berequired .Option 1: Full Reconveyance Through New LegislationOption 2: Continue Existing Lease AgreementsOption 3: Implement The 1996 Water Resources Development ActOption 4: Same as 3, With Additional Support, Including Determined Level of Resources, of Option 1Option 5: Work to Develop Variation of Any or New OptionPage 107 of 118
Option 1: Full Reconveyance as Currently Being Discussed•Full ownership and operation COE parcels•Difficult to estimate costs: •Administrative •Land Transfer •Fair Market Value for Properties Identified as Primarily Commercial Use•Pump Replacement•One-Time Purchases•Annual Maintenance•Impact to local budgets as City adopts flood control mission•Costly annual FEMA accreditation/certification•Increase in City’s responsibility/management of cultural and environmental resourcesPage 108 of 118
Option1: Full Reconveyancecontinued…•Supports efforts by TRIDEC, Kennewick, andothers.•May provide for more options for future use.•Provides political support of Kennewick’scurrentapproach.Page 109 of 118
Option 2: Continue COE Leases•Current relationships/requirements remain•Ongoing O&M relationships continue, but opportunities to amend leases or add new permitting may be available.•Each jurisdiction continues to address issues associated with their COE leased properties individually.•Retains COE as an intermediary agency between Cities/Tribes/Other AgenciesPage 110 of 118
Option 3: Implement the 1996 WRDA•Provides that selected properties may be conveyed, including abandoned parcels or easements•City pays “reasonable administrative costs” for all properties.•Properties identified for public use conveyed without cost.•“Properties “not for park and recreation purposes” conveyed at fair market value.”Page 111 of 118
Option 3: Implement the 1996 WRDA continued…•COE to continue to operate/maintain flood control drainage areas and pump stations on conveyed property and provided easements and rights necessary.•City “may reduce, at its cost, the height of any levee.” to that of the others •Supports reconveyance to local ownership, conversion to commercial or mixed use commercial activities expensive.•May restrict future use of properties should change be desired.•Only partially supports current reconveyance discussions.
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Option 4: Same as 3, with support for new legislation•Continues mission-based operations.•Likely to provide for more dynamic uses of identified properties.•Ensures that Pasco’s future needs are fully considered if newlegislation adopted.•Level of support TBD•Determine City resources•Likely need Council resolutions of support/staff participationin drafting and negotiations.•Supports current efforts for full re-conveyance while movingforward on existing allowances.
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Option 5: Work with Local Partners to Develop VariationNewOption•Focus concedes that reconveyance is in thebest interest of the public•Creates a unified solution-based approach•Significant resources are likely required.
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OTHER THINGS TO CONSIDER•Pasco planning documents:•that include desired improvements/enhancements along shoreline properties, including current master planning efforts in North Pasco. This process, regardless of our level of support, is likely to strongly influence what level of improvements will be allowed to occur on all Pasco riverfront properties.•Regardless of Pasco direction, likely that Kennewick/partners will continue with new legislation.Page 115 of 118
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