HomeMy WebLinkAboutC-3859 - Purchase and Installation of the Smart Station Alerting System in Four Fire StationsCONTRACT WITH WESTNET, INC.
FOR THE PURCHASE AND INSTALLATION OF THE
SMART STATION ALERTING SYSTEM IN
FOUR FIRE STATIONS IN THE CITY OF NEWPORT BEACH
THIS CONTRACT is made and entered into as of this /3 day of Ju 2006, by
and between the CITY OF NEWPORT BEACH, a Municipal Corpora o ( "City "), and
WESTNET, INC., a California corporation, whose principal place of business is 16581 Burke
Lane, Huntington Beach, CA 92647 ( "Seller "), and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws of the
State of California with the power to carry on its business as it is now being conducted'
under the statutes of the State of California and the Charter of City.
B. City desires to purchase the "Smart Station Alerting System" from Seller (hereinafter
referred to as the "Smart Station System ").
C. City also desires to engage Seller to install the Smart Station Alerting System in four of
its fire stations in the City as outlined herein (hereainafter referred to as the "Project ").
D. Seller has examined the location of all proposed work, is familiar with all conditions
relevant to the performance of the services contemplated herein, and has committed to
provide the required goods and services for the price specified in this Contract.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
SCOPE OF WORK
Seller shall provide all of the Project Deliverables, as defined in Exhibit A, and perform
all the services described in the Scope of Work attached hereto as Exhibit A and which
is incorporated herein by this reference.
As a material inducement to the City entering into this Agreement, Seller represents and
warrants that Seller is a provider of first -class products and services and that Seller is
experienced in performing the work and services contemplated herein and, in light of
such status and experience, Seller covenants that it shall follow the highest professional
standards in performing the work and services and that all products and materials will be
of good quality. For purposes of this Agreement, the phrase "highest professional
standards" shall mean those standards of practice recognized by one or more first -class
firms performing similar work under similar circumstances.
Seller shall install the Smart Station System in the following fire stations in the City:
Station No.
1:
Balboa Peninsula
Station No.
3:
Fashion Island
Station No.
4:
Balboa Island
Station No.
8:
Newport Coast
2.
3.
4.
5.
TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Contract and Seller
shall complete the Project within 90 days of execution of this Agreement or receipt of the
down payment, whichever is later. The failure by Seller to meet this deadline may result
in termination of this Contract by City.
COMPENSATION
As full compensation for providing the products and services required by the Scope of
Work, City shall pay to Seller and Seller accepts as full payment a sum not to exceed
One Hundred and Seventy Eight Thousand, Dollars ($178,000.00). Seller shall not
receive any additional compensation unless approved in advance by the City in writing.
The City shall tender forty percent (40 %) of the total Price of Section 7, fifty percent
(50 %) of the total Price upon substantial completion of installation of the Project
Deliverables. The City shall retain ten percent (10 %) of any amount due and owing under
this Agreement until all Project work is completed. The City shall remit payment within
thirty (30) days from the date of the invoice.
ADMINISTRATION
This Contract will be administered by the Fire Department. Terry Ulaszewski shall be
the Project Administrator and shall have the authority to act for City under this Contract.
The Project Administrator or his/her authorized representative shall represent City in all
matters pertaining to the services to be rendered pursuant to this Contract.
TYPE AND INSTALLATION OF MATERIALS /STANDARD OF CARE
5.1 Seller shall use only the products and materials described in Exhibit A in
performing Contract Services. Any deviation from the products and materials
described in Exhibit A shall not be installed unless approved in advance by the
City Administrator.
5.2 Seller shall perform all work described in Exhibit A diligently, carefully, and in a
good and workmanlike manner, and shall furnish all labor, supervision,
machinery, equipment, materials, and supplies necessary therefore.
5.3 All services shall be performed by qualified and experienced personnel who are
not employed by City, nor have any contractual relationship with City.
6. RESPONSIBILITY FOR DAMAGES OR INJURY
Subject to the limitations of the Westnet Limited Warranty in Exhibit B, Seller agrees to
indemnify, defend and hold harmless the City, its elected and appointed officials,
officers, employees and agents ( "City Indemnities ") from any claims, demands or liability
of any kind or nature, including, but not limited to, personal injury or. property damage,
arising from or related to the products, services or other performance provided by Seller
pursuant to this Contract, unless such injury is caused by the active negligence or willful
misconduct of the City or City Indemnities. if Seller's negligence combines with the
City's active negligence or willful misconduct to cause injury, Seller and City agree that
liability will be apportioned as determined by a court of competent jurisdiction. Nothing
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in this indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement.
7. INDEPENDENT CONTRACTOR
City has retained Seller as an independent Seller and neither Seller nor its employees
are to be considered employees of the City. The manner and means of conducting the
work are under the control of Seller, except to the extent they are limited by statute, rule
or regulation and the express terms of this Contract. No civil service status or other
right of employment shall accrue to Seller or its employees.
8. COOPERATION
Seller agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the work to
be performed. City agrees to cooperate with the Seller on the Project.
9. INSURANCE
Without limiting Seller's indemnification of City, and prior to commencement of work,
Seller shall obtain, provide and maintain at its own expense during the term of this
Contract, a policy or policies of liability insurance of the type and amounts described
below and in a form satisfactory to City.
A. Certificates of Insurance. Seller shall provide certificates of insurance with
original endorsements to City as evidence of the insurance coverage required
herein. Insurance certificates must be approved by City's Risk Manager prior to
commencement of performance or issuance of any permit. Current certification
of insurance shall be kept on file with City's at all times during the term of this
Contract.
B. Signature. A person authorized by the insurer to bind coverage on its behalf
shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager. The City has approved of Seller's
insurance carriers, policies and certificates and Seller shall not be obligated to
purchase any additional insurance.
D. Coverage Requirements.
Workers' Compensation Coverage. Seller shall maintain Workers'
Compensation Insurance and Employer's Liability Insurance for his or her
employees in accordance with the laws of the State of California. Any
notice of cancellation or non - renewal of all Workers' Compensation
policies must be received by City at least thirty (30) calendar days (10
calendar days written notice of non - payment of premium) prior to such
change. The insurer shall agree to waive all rights of subrogation against
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10.
11.
City, its officers, agents, employees and volunteers for losses arising
from work performed by Seller for City.
ii. General Liability Coverage. Seller shall maintain commercial general
liability insurance in an amount not less than one million dollars
($1,000,000) per occurrence for bodily injury, personal injury, and
property damage, including without limitation, contractual liability. If
commercial general liability insurance or other form with a general
aggregate limit is used, either the general aggregate limit shall apply
separately to the work to be performed under this Contract, or the
general aggregate limit shall be at least twice the required occurrence
limit.
iii. Automobile Liability Coverage. Seller shall maintain automobile
insurance covering bodily injury and property damage for all activities of
the Seller arising out of or in connection with work to be performed under
this Contract, including coverage for any owned, hired, non -owned or
rented vehicles, in an amount not less than one million dollars
($1,000,000) combined single limit for each occurrence.
SUBCONTRACTING
City and Seller agree that subcontractors may be used to complete the work outlined in
the Scope of Work. The subcontractor authorized by City to perform work on this
Project is Select Communications. Seller shall be fully responsible to City for all acts
and omissions of the subcontractor. Nothing in this Agreement shall create any
contractual relationship between City and subcontractor nor shall it create any obligation
on the part of City to pay or to see to the payment of any monies due to any such
subcontractor other than as otherwise required by law. Except as specifically authorized
herein, the services to be provided under this Agreement shall not be otherwise
assigned, transferred, contracted or subcontracted out without the prior written approval
of City.
WITHHOLDINGS
City may withhold payment to Seller of any disputed sums until satisfaction of the
dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Contract. Seller is not obligated
to continue. performing the work until the dispute is resolved. The Time for Performance
shall be extended by the number of days required to resolve the dispute. Seller shall
have an immediate right to appeal to the City Manager or his /her designee with respect
to such disputed sums. Seller shall be entitled to receive interest on any sums withheld
as the result of a dispute at the rate of return that City earned on its investments during
the time period, from the date of withholding of any amounts found to have been
improperly withheld.
12. CONFLICTS OF INTEREST
The Seller. or its employees may be subject to the provisions of the California Political
Reform Act of 1974 (the "Act'), which (1) requires such persons to disclose any financial
interest that may foreseeably be materially affected by the work performed under this
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Contract, and (2) prohibits such persons from making, or participating in making,
decisions that will foreseeably financially affect such interest.
If subject to the Act, Seller shall conform to all requirements of the Act. Failure to do so
constitutes a material breach and is grounds for immediate termination of this Contract
by City. Seller shall indemnify and hold harmless City for any and all claims for
damages resulting from Seller's violation of this Section.
13. NOTICES
All notices, demands, requests or approvals to be given under the terms of this Contract
shall be given in writing, to City by Seller and conclusively shall be deemed served when
delivered personally, or on the third business day after the deposit thereof in the United
States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All
notices, demands, requests or approvals from Seller to City shall be addressed to City
at:
Attn: Terry Ulaszewski
Fire Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92660
Phone: 949-717-3801
Fax: 949 - 640 -5681
All notices, demands, requests or approvals from CITY to Seller shall be addressed to
Seller at:
Attention: Dawn Matheny
Westnet, Inc.
16581 Burke Lane
Huntington Beach, CA 92647
Phone: 714- 841 -3000
Fax: 714 - 841 -3008
14. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of this
Contract at the time and in the manner required, that party shall be deemed in default in
the performance of this Contract. If such default is not cured within a period of five (5)
calendar days, or if more than five (5) calendar days are reasonably required to cure the
default and the defaulting party fails to give adequate assurance of due performance
within five (5) calendar days after receipt of written notice of default, specifying the
nature of such default and the steps necessary to cure such default, the non - defaulting
party may terminate the Contract forthwith by giving to the defaulting party written notice
thereof.
Notwithstanding the above provisions, City shall have the right, at its sole discretion and
without cause, of terminating this Contract at any time by giving ten (10) calendar days
prior written notice to Seller. In the event of termination under this Section, City shall pay
Seller for services satisfactorily performed and costs, including profit and overhead,
incurred up to the effective date of termination for which Seller has not been previously
paid. On the effective date of termination, Seller shall deliver to City all materials
purchased and paid for in performance of this Contract.
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15. COMPLIANCE WITH ALL LAWS
Seller shall at its own cost and expense comply with all statutes, ordinances, regulations
and requirements of all governmental entities, including federal, state, county or municipal,
whether now in force or hereinafter enacted.
16. WAIVER
A waiver by either party of any term, covenant, or condition in the Contract shall not be
deemed to be a waiver of any subsequent breach of the same or any other term,
covenant or condition.
17. INTEGRATED CONTRACT
This Contract represents the full and complete understanding of every kind or nature
whatsoever between the parties hereto, and all preliminary negotiations and Contracts
of whatsoever kind or nature are merged herein. No verbal Contract or implied
covenant shall be held to vary the provisions herein.
18. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Contract and the
attachments hereto, the terms of this Contract shall govern.
19. AMENDMENTS
This Contract may be modified or amended only by a written document executed by
both Seller and City and approved as to form by the City Attorney.
20. EFFECT OF SELLER'S EXECUTION
Execution of this Contract by Seller is a representation that Seller has visited the Project
Sites, has become familiar with the conditions under which the work is to be performed,
and has taken into consideration these factors in submitting its Scope of Work.
21. INFRINGEMENT
Unless otherwise expressly provided in this Contract, Seller shall be solely responsible
for clearing the right to use any patented or copyrighted materials in the performance of
this Contract. Seller warrants that any software as modified through services provided
hereunder will not infringe upon or violate any patent, proprietary right, or trade secret
right of any third party. Seller shall indemnify and defend City, at Seller's expense,
against all claims, demands, suits, liability, and expense on account of alleged
infringement of any patent, copyright or trademark, resulting from or arising in
connection with the manufacture, sale, normal use or other normal disposition of any
good or article of material furnished hereunder.
22. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Contract and all matters relating to it
and any action brought relating to this Contract shall be adjudicated in a court of
competent jurisdiction in the County of Orange.
23. WARRANTY
Seller expressly warrants that the goods covered by this Contract are: (1) free of liens or
encumbrances, (2) of merchantable quality and fit for the ordinary purposes for which
they are used, and (3) fit for the particular purpose for which they are intended, and (4)
satisfactory and safe for consumer use as set forth in the Westnet Standard Limited
Warranty in Exhibit B.
Seller also agrees that the Smart Station System installed pursuant to this Contract shall
be covered by a the Limited Warranty attached hereto as Exhibit B and incorporated in
full by this reference.
24. INTERPRETATION
The terms of this Contract shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the
authorship of this Contract or any other rule of construction which might otherwise apply.
IN WITNESS WHEREOF, the parties have caused this Contract to be executed on the day and
year first written above.
APPRO D TO FORM:
By:
Aaron C. Harp
Assistant City Attorney
for the City of Newport Beach
ATTEST:
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEA
AM orporatio
By.
Don ebb
Mayor
for the City of Newport Beach
WI
M
�d5m
Title.
Attachments: Exhibit A — Scope of Services
Exhibit B — Limited Warranty Information
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WESTNET, INC.
SCOPE OF WORK
for the
City of Newport Beach
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INTRODUCTION
This document is submitted to serve as a mutually acceptable Scope of Work
(SOW) between Westnet, Inc. and the City of Newport Beach (herein Customer).
This Scope of Work is intended to clarify purchased services or functionality that
will be provided by Westnet. Functionality or services not identified within this
SOW may, at the discretion of Westnet, be included at additional cost with
appropriate revisions to the SOW if agreed to by the Customer in writing.
2. ASSUMPTIONS
This SOW and corresponding pricing is based upon the following assumptions:
A. The Customer will complete all Customer Responsibilities noted in
Exhibit A -1 prior to Westnet's arrival to perform Westnet's work.
B. This SOW reflects those costs for the described work that can be
reasonably assumed from the information provided. Westnet
expressly reserves the right to make claim for those costs that could
not be reasonably assumed and for the extension of time that could
result. Westnet shall immediately inform the Customer in writing of
any additional costs and shall obtain the Customer's approval in
writing before incurring any additional costs.
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3. PROJECT DELIVERABLES
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The deliverables for each fire station under this SOW are as follows:
Sta.
#1
Sta.
# 3
Sta.
#4
Sta.
#8
Total
Part
Number
Description
1
N/a
*
1
1
3
Fin -Eth
Ethernet Activated Master
Control Unit
1
1
1
1
4
SSCP
Smart Station Cable Plant
12
25
19
19
75
SSAT -M
Smart Station Master
Satelli ht
1
1
1
3
6
SSAT35C
-OS
Satellight Controller with
Outside Speaker
1
2
1
1
5
SSTTMR
Smart Station Turnout Timer
1
1
1
1
4
SPMT1
Station Pa-ging Module
2
3
2
2
11
SPC1002
8Vi
Power Module w /On -Line
UPS
1
1
1
1
5
SSVM-
100
Smart Station Video
Messenger
2
3
2
2
9
WN1825
UPS Mounting Kit
0
1
0
0
1
SDBS1
Doorbell Button
0
2
0
0
2
SS -OS
Smart Station Outside
Speaker
0
2
0
0
2
SHPA150
High Power Paging Audio
Module
13
26
20
22
81
SSATKIT
Satelli ht Mounting Kits
0
5
0
1
6
SDRM38
V -FM
Dorm Remote
0
5
0
1
6
SDRMKI
T
Dorm Remote Flush Mount
Kit
1
0
1
0
2
INSTALL
Installation Supplies
* The Ethernet Activated Master Control Unit for Station 3 is being purchased
and installed under a separate purchase order (Purchase Order #26601).
The deliverables described in this Paragraph shall hereinafter be referred to as
the "Project Deliverables."
4. SERVICES
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Westnet, Inc. will provide and install the Project Deliverables, perform
acceptance testing per the attached Acceptance Test Procedure and will provide
on -site training and technical support on the use of Project Deliverables.
5. CUSTOMER RESPONSIBILITIES
A. See the Assumptions section above.
B. The Customer will be responsible for those items listed in Exhibit A -1
that are noted as Customer's Responsibilities.
6. SCHEDULE
Westnet and the Customer will determine a mutually agreeable schedule for
completion of and installation of the deliverables as described more fully in the
Project Deliverables section (Section 3 above).
7. PRICE
The price for purchasing and installing the Project Deliverables is as follows:
Description
Materials
Labor
Sales Tax
Total Price
Station 1
$21,544.46
$9,665.00
$1,669.70
$32,879.16
Station 3
$34,083.83
$20,000.00
$2,641.50
$56,725.33
Station 4
$17,104.64
$8,325.00
$1,325.61
$26,755.25
Station 8
$28,832.91
$10,525.00
$2,234.55
$41,592.46
Totals
$101,565.84
$48,515.00
$7,871.36
$157,952.20
8. OWNERSHIP OF DATA /COMPUTER SOFTWARE
All computer software, hardware source -code and related deliverables
(programs, data or program enhancements) shall be the property of Westnet,
Inc. and, if applicable, shall be licensed to the Customer pursuant to the Westnet
Software License Agreement.
9. MAINTENANCE
Customer shall be responsible for the maintenance of any deliverables provided.
In the event that Customer elects to have Westnet, Inc. perform such
maintenance, maintenance will be performed at prevailing rates.
Fro] 9 i _;:Z► r
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Westnet and the Customer agree that the Westnet Limited Warranty in Exhibit B
represents the maximum warranty that shall apply to all deliverables under this
SOW. There is no warranty on the training services or technical support.
11. FORCE MAJEURE
Neither party will be liable for its non - performance or delayed performance if
caused by a "Force Majeure" which means an event, circumstance, or act of a
third party that is beyond a party's reasonable control, such as an act of God, an
act of the public enemy, an act of a government entity, strikes or other labor
disturbances, hurricanes, earthquakes, fires, floods, epidemics, embargoes, war,
riots, or any other similar cause. Each party will notify the other if it becomes
aware of any Force Majeure that will significantly delay performance. The
notifying party will give such notice promptly (but in no event later than fifteen
(15) days) after it discovers the Force Majeure. If a Force Majeure occurs, the
parties will execute a change order to extend the Project Schedule for a time
period that is reasonable under the circumstances.
12. TAXES AND PERMITS
Unless otherwise specifically stated, prices are exclusive of all permit fees,
federal, state, or local sales, use, property, gross receipts, valued added or
similar taxes based upon amounts payable to Westnet, Inc. pursuant to this
SOW (herein taxes). If taxes are included in the Quote and there is an increase
in the tax rate from the time of the quote, the Customer will be responsible for the
difference between the quoted tax rate and the actual amount due.
13. PLACE OF PERFORMANCE
Customer agrees to provide appropriate work place accommodations, computer
equipment, software and necessary fire station and dispatch access for Westnet
personnel.
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EXHIBIT A -1
PARTY RESPONSIBILITY DETAIL
WESTNET RESPONSIBILITIES:
Project Overview: Westnet will provide and install a First -In® Fire Station Alerting System
(herein System) in the four fire stations listed in the Agreement. The System alerts in- station
personnel of an alert from Customer's Dispatch Center (herein Dispatch). The System consists
of the equipment enumerated in Project Deliverables (Section 3 of the Scope of Work).
1.0 Pre- Installation Responsibilities:
1_1 Approve a completed Westnet Configuration Form within thirty (30) days of the
scheduled equipment shipment. Customer changes to the programming after
approval may result in additional fees.
1_2 Build and ship the equipment to the requirements specified in Westnet
Configuration Form.
2.0 Installation Responsibilities:
2_1 Installation of Smart Station cabling, terminations and testing of the cable plant.
2_2 Install the System at the Station(s) and verify proper connection of the radio to
the Master Control Unit.
2_3 Provide a Westnet On -Site Factory Representative at the conclusion of the
installation to certify the installation and provide operator training.
3_0 Post - Installation Responsibilities:
3_1 Perform start-up of the system and demonstrate system to the Customer for
acceptance sign -off.
3_2 Provide technical telephone support to the Customer for a period of one year.
3_3 If applicable, provide as -built drawings depicting the location of Smart Station
Units within the Station(s).
3_4 If the Customer elects to purchase a maintenance plan for the System, Westnet
will provide the services of said maintenance plan. If the Customer elects not to
purchase a maintenance plan, Westnet will provide warranty service under the
terms of the Westnet Limited Warranty (Exhibit B).
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CUSTOMER RESPONSIBILITIES: Westnet installation is limited to cabling and device install.
Unless otherwise specifically noted, all conduit, rough -in, electrical, networking and radio
systems will be provided by the Customer at Customer's expense. Customer will complete the
items below prior to Westnet's arrival on site to perform the work. Customer will notify Westnet
in writing when it has completed the items. If all items are not completed by the time Westnet
arrives on site and the Customer does not notify Westnet in advance of Westnet's arrival as
outlined in Section 5.3 herein, Customer agrees to pay stand -by time or for expenses incurred
with a return trip.
4_0 Pre - Installation Responsibilities:
4_1 Provide and install all conduit, rough -in and electrical systems necessary for
System operation and required by the electrical code, or for existing stations,
verify proper operation of such.
4_2 Tender written approval of a completed Westnet Configuration Form thirty (30
days) prior to scheduled equipment shipment.
4_3 Provide all radio and networking equipment necessary for integration with the
MCU and Smart Station Units. The radio equipment includes, but is not limited to
a properly operating radio base station, installed antenna and feedline lightening
arrestor. The radio system must produce an acceptable level of signaling, as well
as an acceptable level of Dispatch voice audio. An acceptable level of signaling
shall be a minimum of 500 millivolts peak -to -peak of Dispatch audio and tone
signaling audio.
4_4 Provide and install the station radio connector for the Westnet - provided MCU
Radio Interface Cable. If requested, provide on -site technical support and
schematics of the radio so that Westnet can verify proper connection of the radio
to the MCU.
4_5 For network alerted systems, (a) provide Westnet with the Station IP Address,
Subnet Mask and Gateway information one month prior to installation; (b)
provide a properly operating Ethernet port and Local -Area Network (LAN) within
the Station(s) and (c) provide a properly operating Wide -Area Network (WAN)
that has sufficient capacity at maximum anticipated traffic to support all alerting
functions.
4_6 Provide adequate space for the MCU and the MCU's Power Module and UPS.
The space for these three (3) devices must not be more than six (6) feet from the
radio base station and a 110 -volt outlet. Each power outlet must have proper
polarity and grounding.
4_7 Provide a five -ohm earth ground circuit connected to the radio antenna lightening
suppressing circuit.
4_8 Provide all Messengers and Power Module Assemblies (Part # SPC100028V),
which consists of a Power Module and a UPS, with one 110 -volt outlet within five
(5) feet of the Power Module. The Power Module Assembly requires adequate
ventilation to function properly and maintain the one -year warranty.
4_9 Provide proper analog paging audio and a DC contact closure for telephone
paging. Should audio feedback occur during paging, the Customer, at
Customer's expense, may, at Westnet's discretion, need to provide and install a
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feedback eliminator. Any engineering costs associated with eliminating audio
feedback or echo are excluded from the scope of this SOW and will be borne by
the Customer.
5.0 Installation Responsibilities:
5_1 Return a signed copy of the attached Delivery Verification Form (Exhibit A -2)
upon receipt of the Project Deliverables. Return a signed copy of the attached
Installation Verification Form (Exhibit A -3) upon installation of the System.
5_2 Should a discrepancy arise among Customer personnel regarding the placement
or mounting methods, or other installation matters, a resolution of such
discrepancy must be made within twenty -four (24) hours. If such resolution does
not occur within this time period, Westnet may bill the Customer for any standby
time until such discrepancy is resolved.
5_3 Provide a minimum of five (5) business days notice to the Westnet Project
Manager or Westnet's Installation Company should the Customer need to
postpone the scheduled installation. Provide a minimum of five calendar days
(5) days notice to Westnet should the Customer need to postpone or cancel the
On -Site Supervisor trip.. If the Customer has not met the requirements of Pre -
Installation and Installation Responsibilities, and if Westnet is unable to
reasonably continue the Work at another. location, the Customer shall reimburse
Westnet for standby time and travel expenses.
5_4 The Customer must notify Westnet of any areas known to contain asbestos. If
during the installation process, Westnet suspects or encounters asbestos, the
Customer will be required to drill all holes in the related area. Westnet shall have
no liability to the Customer, its employees or to any other persons for any
asbestos related claims, including, without limitation, removal or cleanup costs,
loss of use, lost profits or personal injury or property damages (collectively the
"asbestos claims ").
5_5 Allow Westnet to bring a Scissor -Lift onto Customer premises if necessary. The
Scissor -Lift will be used to aid in the installation of the equipment in apparatus
bays and other high ceiling areas.
5_6 Bring the station operating circuit wiring to the location of the Control Remote for
all devices desired to be activated by the Control Remote.
5_7 In the event that the Customer elects to purchase Satellights for the apparatus
bay at any point in time, and unless specifically included in the pricing from
Westnet, the Customer will provide any pendant mounting equipment for the
apparatus bay and other high ceiling areas that exceed twelve (12) feet in height.
While Westnet supplies a mounting device for each Satellight and Satellight
Controller, the Customer must provide all mounting equipment and platforms
necessary to meet the twelve (12) foot height restriction. For a period not to
exceed ninety (90) days after installation of the System, the Customer can issue
a separate purchase order for the purchase and installation of Satellights and
Power Modules, if needed, in the apparatus bay. Westnet will hold the equipment
pricing for that ninety (90) day period.
5_8 Provide any other support to Westnet to ensure successful installation and
integration of the alerting Systems.
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5_9 Participate in acceptance testing during the On -Site Factory Representative visit.
A copy of the Acceptance Test Procedure is located in Exhibit A -3.
6.0 Post - Installation Responsibilities:
6_1 Provide primary support for all alerting Systems concerns. The Customer will
contact Westnet once it has completed primary troubleshooting and verified that
a problem resides within the station alerting equipment.
6_2 The Customer will provide all maintenance of the First -In Fire Station Alerting
Systems, unless the Customer purchases a Maintenance Plan from Westnet.
6_3 Administer warranty service for any Customer - supplied equipment. Warranty
services are performed at Westnet's Factory after the Customer removes and
ships the equipment to the Factory for repair. No loaner or spare equipment will
be provided under this Agreement.
7.0 TRAINING:
Operator Training: Westnet will provide two (2) hours of operator training at each of the
four stations where the Project Deliverables shall be installed. The training will cover
operation of the MCU and Smart Station Units during an alert sequence.
8.0 EXCLUSIONS:
8_1 Additional Equipment: There will be no additional equipment provided by
Westnet as the Project Deliverables (Section 3 of the Scope of Work) is a
complete list of equipment to be provided under the Scope of Work. Westnet
does not provide spare units to replace units at Westnet for warranty repair,
unless provided for in a separate maintenance agreement. Should additional or
spare equipment beyond the scope of this Statement of Work be desired, a
separate quote and purchase order will be required. Prices for additional
equipment will be based upon the Price List at the time of the quote. Westnet will
not be providing any two -way radios, two -way radio accessories, printers or
routers to the Customer.
8_2 Post - Installation Equipment - Westnet does not warranty any Wesnet- supplied
equipment provided under this Scope of Work should a party other than Westnet
or Westnet's installation subcontractor install or integrate any non - Westnet
equipment into the alerting or dispatch systems.
8_3 Alerting Equipment Voice -chip or Programming Changes: Any changes in the
text of the voice -chips or reprogramming to any units once the programming
from the Westnet Configuration Form is complete will be a billable charge to the
Customer, unless such change stems from a programming error by Westnet.
The charge will consist of parts, labor, and any applicable shipping and taxes.
The Customer must provide the labor, or hire Westnet for an additional charge,
to remove and reinstall any reprogrammed voice -chips or units once the units
leave the factory.
8_4 Services: Installation labor, repair labor, other on -site or engineering labor
beyond the scope of this Scope of Work is excluded. Westnet will charge the
16
current rate per hour, per man, plus expenses for work exceeding the scope of
this Scope of Work. The labor rate after normal business hours and on
weekends is the Off -Hours rate per hour, per man, plus expenses. Payment for
such services is due within thirty (30) days following invoice. Should the Westnet
and /or Customer become delinquent in payment for such services, Westnet
reserves the right to refuse service for both the services provided under this
Scope of Work, as well as any other requests for service.
8_5 Computer Systems: Westnet and /or any Westnet - supplied equipment will not
make a recommendation as to which apparatus or personnel should be assigned
to an emergency call. Dispatch personnel, the CAD and /or any other Customer
mechanism are responsible for all equipment and personnel assignments.
8_6 Telephone Services: Payment for services and coordination involving the
connection of any telephone lines to the station and dispatch shall be the
responsibility of the Customer.
8_7 CAD or Other Eauipment Upgrade: This Scope of Work does not include any
upgrades to the Customer's CAD, dispatch equipment, radio systems or other
equipment unless otherwise noted. Any on -site or technical support requested
with respect to such upgrades will be an additional fee.
8_8 Maintenance: There is no maintenance for the alerting provided under this Scope
of Work. A maintenance program may be purchased should the Customer so
desire provided such purchase is made prior to the expiration of Westnet's One -
Year Limited Warranty. The Customer has declined the Monthly Performance
Verification offered by Westnet. Westnet can provide this service at a later time if
the purchased equipment has been configured for this function at the time of
manufacture. If the equipment was not configured for Performance Verification
at the time of manufacture, the equipment will need to be upgraded or replaced.
The Performance Verification fees will require a separate quote and will be
based upon the Price List in effect at the time of the quote.
8_9 Installation: Westnet understands that the term "optimal" is subjective. Although
Westnet will attempt to place the System equipment in the Customer's desired
locations, Westnet reserves the right to place the equipment in the most
beneficial and safest location agreed to by Customer.
8.10 CAD Operation: Should the CAD be unable to alert a properly functioning MCU,
it is the responsibility of the Customer to correct the situation at the Customer's
sole expense. Any work by Westnet necessary to troubleshoot the CAD system
or modify the MCU post - production is not included in any pricing and will be an
additional charge.
8.11 Interfaces: Unless specifically stated in writing by Westnet to the contrary, no
interfaces to other equipment or systems are included in Westnet's pricing and
are beyond the scope of this SOW.
8.12 Other: Westnet makes no guarantee and has no responsibility for the
performance of ancillary systems used with the System during the alerting
process, such as the CAD, the wired or wireless connectivity from Customer's
Dispatch to the Station, Public Address and telephone paging systems, as well
17
0
0
as devices connected to the Control Remote. The Customer has been advised
that the System may not function properly unless the ancillary systems are .
functioning correctly. With the proper inputs, the System will activate System
lights, speakers, relays (Control Remotes), System Doorbells, Test and
Emergency Buttons.
0 0
EXHIBIT A -2
DELIVERY VERIFICATION FORM
First -In Fire Station Alerting Equipment
The signature below serves as verification that all equipment listed for Station _ in Project
Deliverables (Section 3 of the Scope of Work) was delivered in good condition.
Customer Representative
Printed Name & Title
Date
(For partial deliveries, the following form will be used.)
The signature below serves as verification that all but the following equipment listed for Station
_ in Project Deliverables (Section 3 of the Scope of Work) was delivered in good condition:
1. 3.
2. 4.
Customer Representative
Printed Name & Title
19
Date
0 0
EXHIBIT A -2
INSTALLATION VERIFICATION FORM
First -In Fire Station Alerting Equipment
The signature below serves as verification that the equipment listed for Station _ in Project
Deliverables (Section 3 of the Scope of Work), plus or minus the following mutually agreed
upon changes, has been installed in a commercially reasonable manner:
2. 7.
3. S.
A check in this box means that no equipment changes were made, and that the only
equipment installed is that which is listed in Project Deliverables (Section 3 of the Scope of
Work).
Customer Representative
Printed Name & Title
KE
Date
0
0
EXHIBIT A -3
ACCEPTANCE TEST PROCEDURE
First -In Fire Station Alerting System
Station Number # Test Date
Tone Activation Operation Verification.
A. If available, two -tone sequences assigned to the fire station zones shall be
applied to the alerting radio port of the Master Control Unit using a Motorola
2670 service monitor or equivalent. The alerting response from the alerting
system shall illuminate the colored indicators associated with the zone alerted
and audio distribution shall activate all areas associated with the zone alerted.
Pass Fail N/A Notes:
B. If available, the two -tone sequence assigned to the "All Call" function shall be
applied to the alerting radio port of the Master Control Unit using a Motorola
2670 service monitor or equivalent. The alerting response from the alerting
system shall illuminate all colored indicators and the audio distribution system
shall activate all zones within the system.
Pass Fail N/A Notes:
Data Activation Operation Verification.
A. Data sequences assigned to the fire station zones shall be applied to the
Ethernet port of the Master Control Unit using a computer equipped with the
First -In command set. The alerting response from the alerting system shall
illuminate the colored indicators associated with the zone alerted and audio
distribution shall activate all areas associated with the zone alerted.
Pass Fail N/A Notes:
B. The data sequence assigned to the all call function shall be applied to the
Ethernet port of the Master Control Unit using a computer equipped with the
First -in command set. The alerting response from the alerting system shall
illuminate all colored indicators and the audio distribution system shall activate all
zones within the system.
Pass Fail N/A Notes:
3. Doorbell, Emergency and Manual Alert Button Activation Operation Verification.
21
• •
A. Activation of the Doorbell switch shall initiate the doorbell audio and visual
sequence in all zones within the system.
Pass Fail I N/A Notes:
B. Activation of the Emergency switch shall initiate the emergency audio and visual
sequence in all zones within the system.
Pass Fail N/A Notes:
C. Activation of the Manual Alert switch shall initiate "firehouse response" message
and shall activate all Smart Station lighting within the system.
Pass Fail N/A Notes:
4. Dorm Remote Operation Verification
A. The user shall be able to "enable" and "disable" user - selectable zones from the
front panel of each Dorm Remote.
Pass Fail N/A ------[IN46!tes:
B. The user shall be able to adjust the light intensity within a window determined by
the fire department administration.
Pass Fail N/A Notes:
C. The user shall be able to adjust the audio level within the window determined by
the fire department administration.
Pass Fail NIA Notes:
5. Speaker Switch Operation Verification
A. The audio to an adjoining Satellight Controller shall be muted when the Speaker
Switch is turned to the "off' position and shall be unmated when the Speaker
Switch is turned to the "on" position.
Pass Fail N/A Notes:
22
0
6. Turnout Timer Operation Verification
0
A. Either a tone alert or a data alert shall start the timer. The timer shall reset and
turn the Turnout Timer off at the earlier of a pre- designated time or at the end of
the alert sequence.
Pass Fail N/A Notes:
Messenger and Jumbo Messenger Operation Verification
A. Tone Activation — The "all call' or "firehouse response" zones shall appear as
text on the Messenger and /or Jumbo Messenger.
Pass Fail N/A Notes:
B. Data Activation — The zones and if applicable, the incident and response levels
shall appear as text on the Messenger and /or Jumbo Messenger.
Pass Fail N/A Notes:
8. Mass Notification Operation Verification
A. Activation of the Mass Notification Switches shall initiate the mass notification
audio and visual sequence in all zones within the system.
Pass Fail N/A Notes:
The following representatives witnessed the acceptance testing.
Customer or End -User Representative Date
Westnet or Installation Representative
23
Date
•
EXHIBIT B
WESTNET, INC.
STANDARD LIMITED WARRANTY
1. Westnet, Inc. ( "Westnet') is providing its "Limited Warranty"
covering the First -In products, parts, components and system being
purchased by Customer under this Agreement (collectively, the
"Products ") as set forth in this Paragraph 1.
A. Westnet warrants exclusively to Customer that each Product sold
hereunder will be free from defects in material and workmanship
for a period of one (1) year from the date of delivery of the
Product to Customer or, if installation is performed by Westnet,
from the date of installation. If Westnet performs the
installation, such installation service will be deemed to be part
of the Product for purposes of this Limited Warranty and
Westnet's liabilities under this Agreement. Any parts and
cabling used in the installation of a Product are not covered by
this Limited Warranty unless Westnet (and not Customer or a third
party installation company) performs the complete installation.
Any Product claimed by Customer to violate this Limited Warranty
must be returned to Westnet's designated service center at the
expense of Customer, provided that Westnet will first be given
the opportunity, at its option and expense, to inspect the
Product in its installed location and may elect to waive such
return. Westnet will perform all warranty work at its service
location only and not at the Customer's location, unless Westnet
agrees, in its sole discretion, to undertake the warranty work at
Customer's location. Westnet's sole obligation and Customer's
exclusive remedy for any breach of this Limited Warranty will be
the repair or replacement, at Westnet's option, of the defective
Product. Any replacement or repaired Product will be covered by
this Limited Warranty only for the remainder of the original
warranty period. Any replacement or repaired Product may be made
with new or reconditioned components and will be shipped to
Customer at the expense of Westnet. Any replaced Product becomes
the property of Westnet. If Westnet determines that such repair
or replacement is not economical or feasible or such remedy fails
of its essential purpose, Customer's exclusive alternate remedy
and Westnet's sole obligation for any breach of this Limited
Warranty will be the return to Customer of the purchase price
paid to Westnet for the Product, provided Customer has returned
the Product to Westnet.
B. This Limited Warranty applies only if Westnet's testing and
examination of the Product discloses that the alleged defect or
malfunction of the Product exists and was not caused by
Customer's or any third person's misuse, negligence, improper
installation or testing, or unauthorized attempts to open, repair
24
or modify the Product, or by accident, fire, water, lightening,
power cuts or outages, power or telephone line transients, other
hazards, or acts of God, or by any other cause beyond the range
of intended use in accordance with the Product's normal usage and
Westnet's published instructions. This Limited Warranty will
apply only if Customer notifies Westnet of the defect in writing
not more than one (1) year after its delivery to Customer. This
Limited Warranty does not cover physical damage to the surface of
the Product after its delivery to Customer, including cracks or
scratches on the LCD or outside casing. This Limited Warranty
does not apply when the malfunction results from the use of this
Product in conjunction with other products, or ancillary or
peripheral equipment, and Westnet determines there is no fault
with the Product itself. This Limited Warranty does not apply to
any defect or malfunction of the Product due to any
communications software or device Customer may use with the
Product. Customer will promptly inspect all Products delivered
to it. Any claim against Westnet under this Limited Warranty or
otherwise for damages to or defects in the delivered Products
that are observable in a reasonable visual inspection will be
deemed waived unless the claim is made in writing to Westnet
within thirty (30) days after such delivery.
C. EXCEPT FOR THIS EXPRESS LIMITED WARRANTY AND WESTNET'S STATUTORY
WARRANTY OF GOOD TITLE, WESTNET MAKES NO WARRANTIES OR
REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, STATUTORY OR
OTHERWISE, REGARDING THE PRODUCTS COVERED HEREBY, INCLUDING
(WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY,
CORRESPONDENCE WITH DESCRIPTION, OR (SUBJECT TO PARAGRAPH 4)
NONINFRINGEMENT OF PATENTS OR OTHER PROPRIETARY RIGHTS. NO
EMPLOYEE, AGENT OR REPRESENTATIVE OF WESTNET IS AUTHORIZED TO
MAKE ANY REPRESENTATION OR WARRANTY ON BEHALF OF WESTNET RELATING
TO THE PRODUCTS EXCEPT TO THE EXTENT SPECIFICALLY STATED HEREIN.
WESTNET NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME
FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE,
INSTALLATION, MAINTENANCE OR USE OF THE PRODUCTS.
2. LIMITS ON LIABILITY. EXCEPT AS EXPRESSLY PROVIDED IN PARAGRAPHS 1 ,
IN NO EVENT, WHETHER BASED ON BREACH OF WARRANTY OR CONTRACT,
NEGLIGENCE, STRICT LIABILITY IN TORT OR ANY OTHER LEGAL THEORY, (A) WILL
WESTNET BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OR COST OF COVER ARISING OUT OF CUSTOMER'S SELECTION, ORDERING,
PURCHASE, USE, RESALE OR DISTRIBUTION OF THE PRODUCTS COVERED HEREBY, OR
OTHERWISE, EVEN IF WESTNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, NOR (B) WILL WESTNET'S TOTAL LIABILITY TO CUSTOMER AND ANY
THIRD PARTIES WITH RESPECT TO ANY SPECIFIC PRODUCT AND ANY RELATED
SERVICES EXCEED THE PURCHASE PRICE TO WESTNET FOR THAT PRODUCT AND SUCH
SERVICES. SUCH DAMAGES THAT WESTNET WILL NOT BE LIABLE FOR INCLUDE, BUT
ARE NOT LIMITED TO: LOSS OF PROFITS, SAVINGS OR REVENUE; LOSS OF USE OF
A PRODUCT OR ANY ASSOCIATED EQUIPMENT; COST OF CAPITAL; COST OF ANY
SUBSTITUTE GOODS, EQUIPMENT, FACILITIES OR SERVICES; DOWNTIME; AND,
25
•
EXCEPT AS PROVIDED IN PARAGRAPH 4, THE CLAIMS OF THIRD PARTIES INCLUDING
CUSTOMER'S EMPLOYEES OR AGENTS AND ANY PERSONS TO WHOM CUSTOMER PROVIDES
SERVICES.
3. INDEMNIFICATION. Subject to Paragraphs 1 and 4, Customer agrees
to indemnify, defend and hold harmless Westnet against and from any
claims, damages, losses, expenses (including attorneys' fees) and
liabilities incurred by Westnet as a result of the negligent acts or
omissions of Customer and its affiliates, employees or subcontractors
or in connection with Customer's installation or use of a Product or
its other activities.
4. SEVERABILITY. Any provision of this Agreement that is prohibited
or unenforceable in any jurisdiction shall be ineffective to the
extent of such prohibition or unenforceability without invalidating
any other provisions of this Agreement, and any such prohibition or
unenforceability in any jurisdiction shall not invalidate or render
unenforceable such provision in any other jurisdiction.
0
(39/100 J,�005)
C_3 ?s9
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 4
October 11, 2005
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY
FROM: Fire Department 0CT i. 1 P105
Tim Riley, 644 -3101, tdley@city.newport- beach.ca.us
SUBJECT: Purchase and Installation of Smart- Station Call
RECOMMENDATION:
The City Council approve the purchase and installation of WestNet Smart - Station Call
Alerting System at Fire Stations 1, 3, 4, 6, and 8 in an amount not to exceed $195,000.
Authorize a budget amendment to transfer $195,000 from the General Fund Paramedic
Reserve to account 2320 -9300 to fund the purchase and installation of Smart - Station
Call Alerting System.
DISCUSSION
Backaround:
Response time is critical to successful execution of every emergency response. The
faster firefighters get to a fire, the better the chances for rescuing victims and knocking
down a fire. The quicker paramedics begin CPR on a cardiac arrest patient, the better
the chance of survival for the patient. Because we recognize the need to continually
improve response times, the Fire Department has been testing a new call alerting
system at its Lido Station, Fire Station #2. The new alerting system is called Smart -
Station by WestNet, Inc., of Huntington Beach.
Current Emergency Call Dispatch:
Under our current dispatch system at METRONET, two people, the call taker and the
dispatcher, work as a team. The call taker answers the 911 call, gathers vital
information about the emergency and stays on the line with the reporting party. Once
0 0
Purchase and Installation of Smart- Station Call Alerting System
October 11, 2005
Page 2
the call taker has determined the location and nature of the emergency and entered this
data into the computer -aided dispatch (CAD) system, the information is electronically
passed to the dispatcher. The CAD assigns the closest and correct number of units
based on the Fire Department's procedures. The dispatcher verifies the address and
the CAD's recommendation for resources and then alarms the correct stations /units
vocally dispatching the call. Depending on the clarity of the caller and the number of
calls in progress, this could take several minutes before enough information could be
gathered and proper resources dispatched.
Smart- Station Call Dispatch:
Under the Smart-Station system, at the same time the call taker sends the initial
information (type of call and address) to the dispatcher, an electronic signal goes to the
station. This is called a "direct dispatch" because it is done by CAD with no human
intervention. The Smart Station receives the data from the CAD and an electronic
annunciator announces what units are being dispatched and what type of call, i.e.
medical, fire, traffic collision. This early announcement allows firefighters to start
moving towards their apparatus and tells them what protective equipment to don. In the
meantime, the call taker is getting additional information from the caller, entering it into
the CAD, and sending the updated information to the dispatcher. At the time that the
dispatcher has verified the address and call specifics, the vocal call is made over the
radio, pagers, and station announcing system. By this time however, the firefighters are
well on their way toward donning the appropriate protective clothing and in a position to
better use the address information and leave the station. Additionally all the data that
has been gathered is sent to the mobile data computer on the apparatus.
From our initial testing at our Lido Station, the new system gives anywhere from a few
seconds to 45 seconds of "early warning" that we don't have under the old system.
Typically the Smart-Station is providing 15 to 34 seconds of additional response time.
When our goal is to respond to a medical call in a few minutes, an extra 30 seconds
represents a significant improvement. We had planned a phased implementation of the
Smart- Station system at two stations each year through the Capital Improvement
Program. However, the results have been so dramatic and compelling as to request
council approve roll out to the other stations immediately. The remaining stations not
covered will have the Smart - Station system installed with anticipated new station
construction.
0
Purchase and
Environmental Review:
0
Installation of Smart- Station Call Alerting System
October 11, 2005
Page 3
This project has no requirement for Environmental Review.
Funding Availability:
Undesignated General Fund Paramedic Reserve funds are available in the amount of
$306,1 63.11.
Altematives:
As an alternative to the recommended action, project could be phased in over a number
of years or not funded at all. This would allow emergency call alerting to remain at
current dispatch time levels.
Prepared by: Submitted by:
r s wski thy Riley
Fir upport Services Manager —Fire Chief
Attachments:
Budget Amendment
0ity of Newport Beach*
BUDGET AMENDMENT
2005 -06
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
X Increase Expenditure Appropriations AND
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
from additional estimated revenues
PX from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
NO. BA- OSSA -020
AMOUNT: Si9s 000.ao
NIncrease in Budgetary Fund Balance
Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
To increase expenditure appropriations from the Paramedic Reserve Account for the purchase of a call starting system.
Project.
ArcoUNTtNG ENTRY:
BUDGETARY FUND BALANCE Amount
Fund AAccoum Description Debit Credit
010 3732 General Fund - Paramedic Reserve $195,000.00
REVENUE ESTIMATES (3601)
Fund/Dty s on Account Description
EXPENDITURE APPROPRIATIONS (3603)
Division Number
Account Number
Automaft System Eftby
i
Signed: /p
Fin ncial pproval: Administrati Services Director Date
Signed: "'�j�0 Q
Administrative Appr !: City anager e
Signed:
City Council Approval: City Clerk
Date
Description
Division
Number
2320 Fire - Operations
Account
Number
9300 Equipment, NOC $195,000.00
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Division Number
Account Number
Automaft System Eftby
i
Signed: /p
Fin ncial pproval: Administrati Services Director Date
Signed: "'�j�0 Q
Administrative Appr !: City anager e
Signed:
City Council Approval: City Clerk
Date