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HomeMy WebLinkAbout02/13/02 AGENDA CITY COUNCIL MEETING AGENDA FEBRUARY 13, 2002 1. PRE-COUNCIL STUDY SESSION: 5:00-5:30 P.M. A. General Council Business 2. CALL TO ORDER: 5:30 P.M. A. Pledge of Allegiance B. Invocation 3. CONSENT AGENDA A. Minutes of Meeting - January 30, 2002 (#AB02-027) 4. CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6. MAYOR'S REPORT 7. PUBLIC RECOGNITION - (Comments limited to 3-minutes) 8. NEW BUSINESS A. Professional Services Agreement with HDR Engineering, Inc. for Design Services 7 for WB-3 & EB-6 Pump Station Upgrades (#AB02-028) B. Amendment to Professional Services Agreement for Contract Extension with OLSEN & OLSEN (#AB02-029) 9. PUBLIC HEARINGS AND ORDINANCES A. Ordinance (First Reading) regarding Salary for Municipal Court Judge (#AB02-031) .~_'~ ~,~. Ordinan/ee (First~eading)~nending C_/bapter 2.76~ the ,~eme,~ Muni~al Code/~gardipg' Purcha~,dg Proced~,~l~s (#AB02,,032) ,/' COUNCIL WILL CONTINUE THE MEETING IN THE CONFERENCE ROOM TO HOLD INTERVIEWS WITH CANDIDA rES FOR THE DISTRICT 1 SEA T; FOLLOWED BY A 30-MINUTE EXECUTIVE SESSION TO "EVALUATE APPLICATIONS FOR APPOINTMENT" PER RCW CHAPTER 42.30.110(1)(h); COUNCIL WILL THEN RETURN TO THE COUNCIL CHAMBERS FOR THE REMAINDER OF THE MEETING... 8. NEW BUSINESS (Continued) C. Appointment of District 1 Council Member to serve until next City General Election in 2003 (#AB02-030) 10. ADJOURNMENT OF MEETING APPOINTMENT TO DISTRICT 1 POSITION 2/13/02 WAYNE OLSEN [---] JAN HILLMAN JUNE WATTERSON BRADLEY GEHRING MICHAEL EVERSOLE ALAN STRANGE MI~~~CIL MEMBER APPOINTMENT TO DISTRICT 1 POSITION 2113102 WAYNE OLSEN JAN HILLMAN ~/~ JUNE WATTERSON BRADLEY GEHRING MICHAEL EVERSOLE Al.AN STRANGE MIKE SHORT, DI_JJ.-T'~CT 9 COUNCIL MEMBER APPOINTMENT TO DISTRICT 1 POSITION 2/13/02 WAYNE OLSEN ~"'~JAN HILLMAN [-~ JUNE WATTERSON BRADLEY GEHRING MICHAEL EVERSOLE [---] ALAN STRANGE APPOINTMENT TO DISTRICT I POSITION 2113102 ]~' WAYNE OLSEN JAN HILLMAN [--] JUNE WATTERSON BRADLEY GEHRING MICHAEL EVERSOLE , [--] ALAN STRANGE APPOINTMENT TO DISTRICT 1 POSITION 2/13/02 WAYNE OLSEN JAN HILLMAN JUNE WATTERSON ~-~ BRADLEY GEHRING MICHAEL EVERSOLE ALAN STRANGE CAROL ARENDS, DISTRICT 7 COUNCIL MEMBER APPOINTMENT TO DISTRICT 1 POSITION 2/13/02 WAYNE OLSEN ~-~ JAN HILLMAN JUNE WATTERSON BRADLEY GEHRING MICHAEL EVERSOLE ALAN STRANGE RIGe20~~COUNCIL MEMBER APPOINTMENT TO DISTRICT I POSITION 2113102 WAYNE OLSEN [~] JAN HILLMAN [---] JUNE WATTERSON LARRY KNAPP [---] BRADLEY GEHRING ~-~ MICHAEL EVERSOLE ALAN STRANGE DAI~N NYGREN, CIL MEMBER APPOINTMENT TO DISTRICT 1 POSITION 2113/02 WAYNE OLSEN [--] JAN HILLMAN [---] JUNE WATTERSON ~] I.ARRY KNAPP BRADLEY GEHRING ~-~ MICHAEL EVERSOLE ALAN STRANGE ED ROLLMAN, DISTRICT 4 COUNCIL MEMBER AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: FEBRUARY 13, 2002 ORIGINATING DEPT: CITY COUNCIL MINUTES OF MEETING- JANUARY 30, 2O02 ORIGINATOR: CAROL ARENDS, PRESIDENT DATE SUBMITTED: FEBRUARY 7, 20O2 2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: ENDORSEMENT [-~ INFORMATION [~ APPROVED FOR SUBMITTAL BY COUNCIL PRESIDENT: MAYOR: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: 5. RECOMMENDATION: 6. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 7. NOTICE OF ACTION: COUNCIL DIRECTIVE: 8. AGENDA BILL NO.: ! 9. IMPACT OF NON-PASSAGE: 10. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: 11. RESEARCH SOURCES: TAPE #1817 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES January 30, 2002 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, January 30, 2002, at 5:30 P.M., with Council Vice-President Will Maupin presiding. Council members present were Mike Short, Eric Younger, Mike Shepherd, Ed Rollman, Daren Nygren, and Cecil McConnell. Council President Carol Arends and Council member Mike Shepherd were absent. The District 1 position is vacant due to the passing of Council Member Glenn Jarstad on Sunday. Also present were City Attorney Roger Lubovich; Deputy City Clerk Paula Johnston; and Council Assistant Christine Grenier-Ellingson. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConneli, followed by the invocation provided by Pastor Rick Bodrie of Calvary Chapel Church. On behalf of the Council, Vice-President Will Maupin expressed heart-felt sympathy to June Jarstad and the Jarstad Family at the passing of Glenn K. Jarstad. He then asked for everyone to participate in a moment of silence in his honor... Vice-President Maupin made the following announcement: (1) Council held an Executive Session in the Council Conference Room to discuss "REAL ESTATE ACQUISITION" and "LITIGATION" from 4:40 to 5:00 P.M.; followed by the regular Pre-Council Session to discuss general Council business; and (2) Item 10B will be heard following Item 1 lA on the Agenda tonight. CONSENT AGENDA A. Minutes of Meeting - January 22, 2002 (#AB02-018) #0085 M/S/C/U (McConnell/Younger) Move to approve the Consent Agenda after amending comments made by Daren Nygren in his Council Member Report to read "month" instead of "year". CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a listing that had been made available to the Council. #0115 M/S/C/U (Younger/McConnell) On January 30, 2002, the Council does approve for payment those vouchers included and further described as follows: Check numbers 267696 through 267851 in the amount of $349573.61; Regular Payroll in the amount of $328,638.74 for the pay period ending January 28, 2002; and Retiree Payroll in the amount of $104,716.87 for the pay period ending January 31,2002. COUNCIL MEMBER REPORTS Mike Short commented on a recent Kitsap County Community Development meeting he attended. He noted that citizens may obtain more information regarding Chico watershed issues by contacting Jan Koski at 337-4650. He also reported on his attendance at the last Public Facilities District (PFD) meeting, and commended the Mayor and Gary Sexton for their presentations on the City with respect to downtown redevelopment. He encouraged citizens to attend the PFD Meetings. TAPE #1817 City Council Reg. Mtg. Minutes January 30, 2002 Page 2 of 4 Ed Rollmlan thanked Captain Kramer and Captain Bryant of PSNS for the opportunity to attend a welcoming party to greet sailors serving on the USS ASHVILLE; reported on the opportunity he had to view the return of the USS CARL VlNSON; announced a Valentines Dinner & Dance will be held on February 9th at the Eagle's Hall located at 6th & Washington to benefit QuipuNet; announced the next District 4 Meeting would be held at 7:00 P.M. on February 19th at the Washington Mutual Building for a "Meth Lab Summit"; announced the First Friday Art Walk from 5:00 to 8:00 PM this Friday; announced a special showing of work by Dorothy Woods at the Metropolis Gallery; and lastly, announced the Shakespeare Group would be performing evening plays throughout the week. Daren Nygren pointed out that the YMCA reached a milestone for the "Splash & Jam" program, and emphasized that these type of youth programs reduce domestic violence and vandalism. COUNCIL COMMITTEE REPORTS Will Maupin reported on the Smart Growth Conference he attended last week in San Diego; and announced that the Mayor was currently attending the AWC Conference being held in Olympia. MAYOR'S REPORT - There was no report this week. LEGISLATIVE REPORT - There was no report this week. PUBLIC RECOGNITION Helen Miller commended Daren Nygren for his recent District 3 Meeting and commented on his successful attendance. Natacha Sesko thanked the Council for the opportunities for learning during legal proceedings, and asked for the point-of-contact regarding technical issues and abatement contracts. Roger Lubovich added that that information would be forthcoming. Matthew Keogh announced that the first workshop for "Shaping Bremerton's Future" would be held February 5 at the School District Administration Building to encourage public comment in the comprehensive planning process. Citizens may obtain further information by calling 478-5279. Roy Mclnnis commended Glenn Jarstad for his lifelong commitment to serve his community. 10A - CONFIRMATION OF MAYOR'S APPOINTMENT OF INTERIM HEARING EXAMINER AND PROFESSIONAL SERVICES CONTRACT (#AB02-019): Chris Hugo, Planning & Building Director, summarized that the City Council adopted an Administrative Hearing Examiner system by Ordinance No. 4778 on October 29, 2001. The ordinance specifies the appointment of the Hearing Examiner by the Mayor, subject to the confirmation by the City Council. There are several applications for development that are pending hearing and decision as specified under the new hearing examiner system. This appointment and contract provide hearing examiner system services on an interim basis until the Mayor has the opportunity to conduct a formal selection procedure for a permanent Examiner. The Mayor's interim appointee is Robin Baker who is currently providing similar services to the City of Bainbridge Island. Ms. Baker's contract includes a provision for termination of services that will be executed when the Council confirms the appointment of a permanent Examiner. TAPE #1817 City Council Reg. Mtg. Minutes January 30, 2002 Page 3 of 4 There were no comments from the public. Mr. McConnell and Mr. Rollman provided additional comments in support of this appointment. #0975 M/S/C/U (Short/Nygren) Move to approve the Mayor's appointment of Robin Baker as Administrative Hearing Examiner under the terms of the proposed contract. 11A - PUBLIC HEARING AND ORDINANCE NO. 4789 (SECOND READING) ESTABLISHING A [CONV=_NT!ON~_ CONFERENCE CENTER FUND (#AB02-015): First Reading of this ordinance was heard at the Council meeting on January 16, 2002. Rich Hanna, City Treasurer called attention to the fact that this fund was the "Conference Center Fund" rather than "Convention Center Fund". There were no comments from the public. Mr. McConnell expressed comments in support for the creation of this fund. #1030 M/S/C/U (Rollman/McConnell) Move to pass Ordinance No. 4789 on second reading, with amended language to read the "Conference Center Fund". 10B - BUDGET ADJUSTMENT 2002-01 AUTHORIZING AN INTERFUND LOAN FROM THE EQUIPMENT RENTAL FUND TO THE [CONVENT!ON] CONFERENCE CENTER FUND (#AB02- 020): Rich Hanna, City Treasurer reminded the Council that by passing Resolution I'4o. 2851 at the Council Meeting on January 22, 2002, the "Conference Center Fund" was created so that this budget adjustment would be possible. The proposed budget adjustment will provide expenditure authority to issue the loan and for use of loan proceeds on the "Conference Center Project". Roy Mclnnis asked if the loan would have to be paid back. Mr. Hanna answered that the loan would be repaid, with interest. Mr. Nygren questioned if the expenditures would be at the discretion of the Mayor. Mr. Hanna responded that to a certain level, expenditures were to be decided by the Mayor, but that at higher levels, expenditures would be presented to City Council via committee for review. #1215M/S/C/U (Short/Rollman) Move to approve Budget Adjustment 2002-01. 11B - PUBLIC HEARING AND ORDINANCE NO. 4790 (SECOND READING) AUTHORIZING THE ISSUE OF A CREDIT LINE WITH BANK OF AMERICA (#AB02-016): First Reading of this ordinance was heard at the Council meeting on January 16, 2002. Rich Hanna, City Treasurer, pointed out that a change was made regarding term language on page 3. There were no comments from the public. Mr. Younger summarized that the funds would be available for large actions like abatements, then the funds would be reclaimed later upon settlement. #1290 M/S/C/U (Younger/Short) Move to pass on second reading Ordinance No. 4790 authorizing the note issue and accepting the offer of Bank of America. TAPE #1817 City Council Reg. Mtg. Minutes January 30, 2002 Page 4 of 4 With no further business, the Council meeting was adjourned at 6:15 P.M. Prepared and Submitted by: LORI SMITH, Council Liaison Attest: PAULA JOHNSTON, Deputy City Clerk CAROL ARENDS, City Council President City of Bremerton CA/P J/Is/cge c: Normal Distribution File AGENDA BILL BREMERTON CITY COUNCIL 1. SUB,IECT: PSA- HDR ENGINEERING, INC. FOR AGENDA OF: Februaryf~, 2002 DESIGN SERVICES FOR WB-3 AND EB-6 ORIGINATING DEPT: Public Works & Utilities PUMP STATION UPGRADES ORIGINATOR: W. Eugene Sampley, Director DATE SUBMITTED: January 29, 2002 2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: ",..;'~-I / .--,,.. ~ .. _.._ 1. Professional Services Agreement rney ? Co~il FisCal ~: Budget Committee Council Operations Committee 4. SUMMARY S-~'~TEMENT AND REQUIREMENT FOR COUNCIL ACTION: Upgrades to sewer pump stations WB-3 and EB-6 are required as part of the City's CSO Reduction Plan and Federal Consent Decree for CSO improvements and are included as Capital Improvements in the 2002 Budget. A Request for Proposals was issued from the City's list of qualified consultants for this work. HDR Engineering, Inc. (HDR) was selected based on their extensive experience in sewer pump station design and familiarity with the City's sewer system. A Professional Services Agreement has been negotiated with HDR to perform required design services for this work. Staff recommendation is to award the Professional Services Agreement to HDR Engineering, Inc. to perform WB-3/EB-6 Pump Station Upgrades Design Services in the amount of Two Hundred Thirty Four Thousand Two Hundred dollars. 5. RECOMMENDATION: Move the City Council approve the Professional Services Agreement with HDR Engineering, Inc. to perform WB-3/EB-6 Pump Station Upgrades Design Services in the amount of Two Hundred Thirty Four Thousand Two Hundred dollars ($234,200) and authorize the Mayor to execute the same. 9. RESPONSIBLE OFFICIAL: Director Pub Wks & Util ENFORCEMENT OFFICIAL: Director Pub Wks & Util EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED [ ] TABLED[ ] APPROVED[ [ DISAPPROVED[ ] AMENDED[ ] COUNCIL DIRECTIVE: ~ A {OVER) 11. AGENDA BILL NO.: (~ ,2 - ~'. ~< ,.' 7 2. CLEARANCE COMMENTS: 4. SUMMARY STATEMENT (Continued) 5. IMPACT ON NON-PASSAGE: The City does not have the staff resources to complete this work; therefore, this work would not be completed and the City could not comply with the federal consent decree requiring this work to be completed. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT AND OTHER RESOURCES: Staffing: City staff is not available to conduct this work. Utilizing consultant services will provide necessary project support. Budget: This project is funded by low interest Public Works Trust Fund and State Revolving Fund loans and is included in the 2002 budget. Facilities/Equipment: No impact. 7. RESEARCH SOURCES: Current professional services agreement, CSO Reduction Plan Update, Federal Consent Decree. PROFESSIONAL SERVICES AGREEMENT WB-3/EB-6 PUMP STATION UPGRADES DESIGN SERVICES This Agreement is between the City of Bremerton, a municipal corporation (hereinat'ter referred to as "City") and HDR Engineering, Inc. ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Consultant agrees to provide the services set out in the Scope of Work attached hereto and incorporated herein by this reference as Exhibit A. The Scope of Work may be modified only pursuant to Section VI.D. of this Agreement. If the Scope of Work provides for unspecified additional services the City may request, such services shall only be performed upon the express, written request of the City. II. Term: This Agreement commences on January 7, 2002 per Letter Agreement of that date and terminates on December 31, 2002, unless another date is substituted pursuant to Sections VI.D. or VIII. The Parties agree that time is of the essence for completing this work and agree that work under this agreement will be completed as set forth in schedule attached as Exhibit C and incorporated herein by reference. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed ($ ). Consultant's charges and bills shall conform to the fee schedule attached as Exhibit B and incorporated herein by reference. The amounts for individual tasks set forth in Table B-2 may vary provided the total is within the not-to-exceed amount, less the amount set aside for additional services, of this Agreement. The Consultant shall submit regular billing statements describing services rendered and the amount charged for each service consistent with the level of detail provided in Table B-1. The descriptions shall conform to and fall within the categories set out in the Scope of Work. Upon receipt of a conforming billing statement, the City shall promptly process payment. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Additional services shall be compensated for only if requested pursuant to Section I and shall be compensated as set out in the request or, if the request does not so provide, as set out in the attached Table B-1. Bremerton/HDR Prol~ssional Services Agreement Page I of 5 If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. IV. Relationship of Parties: Consultant is skilled in the matters addressed in the Scope of Work and will perform independent functions and responsibilities in the area of its particular field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other consultants or contractors. As an independent consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, B&O, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Insurance and Hold Harmless: Consultant shall provide Certificates of Insurance to the City's Risk Manager verifying the following coverage: 1) a professional liability policy ("E&O") providing coverage of $1,000,000 for errors and omissions committed by Consultant while performing its obligations under this Agreement, and 2) a comprehensive general liability ("CGL') policy providing coverage of at least $1,000,000 per occurrence and including bodily injury and property damage. The CGL shall name the City as an additional insured. Both policies shall remain in full force and effect, and provide coverage for the full term of this Agreement. Insurer shall provide the Risk Manager with 30 days' written notice of any cancellation or change of coverage of either policy. Consultant shall, at all times, be solely responsible for the negligent or wrongful acts or failures to act of its personnel, subconsultants and agents which arise in any way out of the performance of this Agreement. Consultant agrees to defend, indemnify, and hold harmless the City and its appointed and elected officials and employees from and against any and all liability, loss, costs, damage, and expense, including costs and attorney fees in defense thereof, because of actions, claims, or lawsuits for damages resulting from personal or bodily injury, including death any time resulting therefrom, sustained by any person or persons, and on account of damage to property, to the extent arising out of the performance of the Agreement, if such injuries to persons or damage to property is due to the willful or negligent act or ommision of the Consultant, its subconsultants, its agents, or assigns. The City and Consultant have specifically negotiated Consultant's waiver of its immunity under Title 51 RCW, which is hereby waived for purposes of Consultant's indemnification and hold Bremerton/HDR Professional Services Agreement Page 2 of 5 harmless of the City, including the duty to defend. This provision shall be inapplicable to the extent such action, claim, or lawsuit is judicially found to arise from the acts or failures to act of the City. VI. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. C. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. D. Modification: This Agreement may only be modified by written instrument signed by both Parties. E. Notices: Notices shall be in writing and delivered to the following addresses: City Address Consultant Address City of Bremerton HDR Engineering, Inc. 239 4th Street 500 108th Avenue NE Ste 1200 Bremerton, WA 98337 Bellevue, WA 98004-5549 F. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. G. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. H. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. I. Attorneys' Fees: The substantially prevailing Party in any litigation arising out of this Agreement shall be entitled to its reasonable attorneys' fees and court costs. BremertonfrlDR Professional Services Agreement Page 3 of 5 VII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, or disability, except for employment actions based on bona fide occupational qualification. VIII. Termination: This Agreement may be terminated, at will, by the City upon 30 days' notice to the Consultant. This Agreement may be immediately terminated for cause by either Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non-performing Party does not commence correction of the failure of performance within five days of the terminating Party's sending notice to the non-performing Party. Upon termination the City will be entitled to reports showing the status and/or all work products, independent o£their stage of completion or preparation format, of all items listed in the Scope of Work current through the termination date. IX. Standard Of Performance: The standard of care for all professional engineering and related services performed or furnished by Consultant under this Agreement will be the care and skill ordinarily used by members of Consultant's profession practicing under the same or similar circumstances at the same time and in the same locality. X. Construction Procedures: Consultant's observation or monitoring portions of the work performed under construction contracts shall not relieve the contractor fi.om its responsibility for performing work in accordance with applicable contract documents. Consultant shall not control or have charge of, and shall not be responsible for, construction means, methods, techniques, sequences, procedures of construction, health or safety programs or precautions connected with the work and shall not manage, supervise, control or have charge of construction. XI. Re-Use Of Documents: All documents, including all reports, drawings, specifications, computer soi~ware or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk and without liability or legal exposure to Consultant, and City will defend, indemnify and hold harmless Consultant from all claims, damages, losses and expenses, including attorney's fees arising or resulting therefrom. The format for documents and work products shall be as specified in the exhibits. BremertowHDR [h'ofessional Services Agreement Page 4 of 5 IN WITNESS WHEREOF the parties hereto have executed this Agreemem the date and year indicated. HDR ENGINEERING, INC. CITY OF BREMERTON Gary L. Bleeker, P.E., Date Cary Bozeman, Date Sr, Vice President Mayor Departmental Approval W. Eugene Sampley, Director PW&U Approved as to form: Roger Lubovich, City Attorney Received for Filing: Kathleen McCluskey, City Clerk Bremerton/HDR Proli~ssional Services Agreement Page 5 of 5 EXHIBIT A CITY OF BREMERTON WB-3/EB-6 PUMP STATION UPGRADES DESIGN SERVICES SCOPE OF WORK INTRODUCTION The purpose of this contract is for HDR Engineering, Inc. (HDR) to provide engineering services to design wastewater pump station improvements and prepare construction bid documents for the specific capital projects define herein. HDR will lead the development of the design and will help to coordinate the activities required by the City and subconsultants. This Scope of Work is divided into two major capital projects: WB-3 Pump Station Upgrade and EB-6 Pump Station Upgrade. WB-3 PUMP STATION UPGRADE Task 300 - Project Management Consultant Responsibilities: 1. Contracting and internal project controlling and accounting. 2. Staff administration and scheduling. 3. Subconsultant administration. 4. Monthly reports and invoices. Assumptions: 1. Standard invoices and reports will be prepared on a monthly basis. 2. HDR standard monthly invoice format will be utilized. This format contains an itemized list of project staff that charged to the project, hourly rates, number of hours charged, and Other Direct Charges (ODCs). 3. Invoice hours will be classified by tasks. 4. No backup information (e.g. timesheets, logs, receipts, etc.) will be submitted with the invoices unless specifically requested by the City. Backup information will be available in HDR files for inspection by City project auditing staff, if requested by the City. 5. No Permitting services provided. 6. At this time, one subconsultant (hydraulic review) has been identified for this project. 7. Project Management for EB-6 Pump Station Upgrade is included in this Task. Ci~. of Bremerton A-1 WB-3/EB-6 PS Upgrades 1/28/2002 Prelimina~/Final Design Work Products: 1. Monthly reports with descriptions of the work completed during the month, work planned for the next month, need for additional information, and any schedule, scope, or budget issue. 2. Monthly standard invoice. Task 301 - Predesign Consultant Responsibilities: 1. Confirm flow and pressure operating point. 2. Conduct existing physical pump test consisting of: a. Measuring flow and discharge pressure. b. Visual observation of surface vortex formation in wetwell. 3. Conduct workshop with City staff to review, solicit input, and make suggestions regarding pump equipment configuration, pump/piping layout, standby generator layout, HVAC modifications, electrical, and instrumentation and control issues. Assumptions: 1. The physical pump test and workshop shall last a maximum of 8 hours each. 2. The projected operating point is 10,000 GPM at 105 FT TDH. 3. Odor/noise control will not be addressed. 4. Workshop Minutes (approximately 10 pages) will serve as the Technical Memorandum. The estimated 2 figures may be drawn by hand. City Responsibilities: 1. Provide record drawings of existing pump station WB-3. 2. Turn offpump station to allow flow to back up into existing sewer system. 3. Operate pumps during physical pump test. 4. Visual observation of surface vortex formation in wetwell. 5. Attend and participate in workshop and make decisions to Consultant's suggestions. 6. Review Technical Memorandum. Work Products: t. Hydraulic letter review of existing installation. 2. One (1) copy of Workshop Minutes. Task 302 - Equipment Purchase Consultant Responsibilities: 1. Prepare Equipment Purchase Contract Documents using Word 6.0. Develop documents in accordance with the standard City bidding procedures using City front end specifications (e.g. Invitation to Bid, Instructions to Bidders, Bid Form, etc.), the Standard General Conditions of the Construction Contract as prepared by the Engineers Joint Contract Documents Committee (EJCDC), and HDR technical specifications (Division 11, 13, and 16) that are based on Construction Specification Institute (CSI) format. 2. Conduct meeting with City to discuss review comments. Ci~ of Bremerton A-2 WB-3/EB-6 PS Upgrades 1/28/2002 Prelimina~/Final Design 3. Respond to Bidder's inquiries. 4. Prepare Addenda as required. 5. Receive shop drawing submittals, review, mark-up, and distribute to City and Contractor. Assumptions: 1. The Contract Documents will be based upon Task 301 - Predesign to include pumps, standby generator, controls, motors, and VFD's (two separate Contract Documents bidding concurrently; pumps/controls/motors/VFD's and generator). 2. Review meeting, to discuss all equipment items, will last a maximum of 8 hours. 3. Contract bidding period will last 2 weeks. 4. One (1) Addendum will be required for each contract that consists of ten (10) 8-½" x 11" pages. 5. A total of 6 shop drawing submittals. City Responsibilities: 1. Provide electronic files of City's standard fi:ont end specifications in Microsoft Word. 2. Attend review meeting with individuals fi:om engineering and wastewater treatment plant. 3. Advertise and award the contract. 4. Print and distribute Contract Documents. 5. Generate, maintain, and distribute Planholders Lists. 6. Distribute Addenda. Work Products: 1. One (1) set of unbound, reproducible Contract Documents with electronic files on CD(s) of each equipment item. 2. Documentation of Bidder's inquiries and responses. 3. Addenda. Task 303 - Installation Contract (Design) Consultant Responsibilities: 1. Prepare Installation Contract Documents using AutoCAD 2000i and Word 6.0. Develop documents in accordance with the standard City bidding procedures using City fi:ont end specifications (e.g. Invitation to Bid, Instructions to Bidders, Bid Form, etc.), the Standard General Conditions of the Construction Contract as prepared by the Engineers Joint Contract Documents Committee (EJCDC), and HDR technical specifications (Division 2 through 16) that are based on Construction Specification Institute (CSI) format. 2. At the 50 percent design phase, construction drawings and specifications will be submitted for review. This level of design includes pump station layout and initial specifications of proposed materials. 3. At the 90 percent design phase, construction drawings and specifications will be submitted for review. This level of design includes final pump station details and complete specifications. Construction staging and sequencing will be included. Ciw of Bremerton A-3 WB-3/EB-6 PS Upgrades 1/28/2002 Prelimina~,/Finaf Design 4. At 50 and 100 percent design phase, prepare an Engineer's Opinion of Probable Construction Cost (Engineer's Estimate). 5. Conduct meeting with City to discuss review comments on 50 and 90 percent submittals. 6. Respond to Bidder's inquiries. 7. Prepare Addenda as required. Assumptions: 1. The Contract Documents will be based upon Task 301 - Predesign. 2. The budget is based upon production of the estimated following 15 design drawings (no Traffic Control drawings to be provided): Cover Sheet/Location, Vicinity Map, Drawing Index Legend, Abbreviations, Material Symbols Civil/Miscellaneous Details Site Plan Demolition/Structural Plan/Notes Mechanical Plan Mechanical Sections/Details Plumbing/HVAC Plan/Sections/Schematics Electrical Legend, Abbreviations, Symbols Electrical Site Plan Electrical MCC One-Line/Elevations Electrical Power/Lighting Plan/Schedules Electrical Control Diagrams Instrumentation & Control (2) 3. Review meetings will last a maximum of 8 hours each. 4. Contract bidding period will last 2 weeks. 5. One (1) Addendum will be required that consists of ten (10) 8-½" x 11" pages. City Responsibilities: 1. Identify areas, if any, which may be used as a Contractor's staging area. 2. Attend review meetings with individuals fi:om engineering and wastewater treatment plant. 3. Advertise and award the contract. 4. Print and distribute Contract Documents. 5. Generate, maintain, and distribute Planholders List. 6. Distribute Addenda. Work Products: 1. One (1) copy of the 50 and 90 percent design submittal with half-size drawings (11' x 17") and specifications. 2. One (1) set of unbound, reproducible Contract Documents with electronic files on CD(s). 3. Documentation of Bidder's inquiries and responses. ci.tv of Bremerton A-4 WB-3/EB-6 PS Upgrades 1/28/2002 Prelimina~/Final Design 17 4. Addenda. Task 304 - Installation Contract (Construction) Consultant Responsibilities: 1. Conduct Pre-Construction Meeting. 2. Respond to Contractor's Requests for Information (RFI's). 3. Receive shop drawing submittals, review, mark-up, and distribute to City and Contractor. 4. Conduct project meetings and take and distribute minutes. 5. Conduct site visit for inspection. Assumptions: 1. Pre-Construction Meeting will last a maximum of 8 hours. 2. A total of 20 shop drawing submittals. 3. A total of 30 RFI's. 4. A total of 3 project meetings (inspections to occur when onsite). 5. Consultant will make one (1) site visit for an additional inspection. 6. WB-3 is Substantially Complete by November 1, 2002. City Responsibilities: 1. Administer the construction contract. 2. Provide daily inspection. 3. Process Change Orders and Pay Requests. }Fork Products: 1. Responses to RFI's. EB-6 PUMP STATION UPGRADE Task 601 - Predesign Consultant Responsibilities: 1. Confirm flow and pressure operating point. 2. Conduct workshop with City staff to review, solicit input, and make suggestions regarding pump equipment configuration, pump/piping layout, standby generator layout, HVAC modifications, odor/noise control, electrical, and instrumentation and control issues. 3. Prepare Technical Memorandum. Assumptions: 1. The workshop shall last a maximum of 8 hours each. 2. The projected operating point is 1,200 GPM at 88 FT TDH with storage or 1,700 GPM at 155 FT TDH without storage. 3. Workshop Minutes (approximately 10 pages) will serve as the Technical Memorandum. The estimated 2 figures may be drawn by hand. Ci~ of Bremerton A-5 WB-3/EB-6 PS Upgrades 1/28/2002 Prelimina~. /Final Design City Responsibilities: 1. Provide record drawings of existing pump station EB-6. 2. Attend and participate in workshop and make decisions to Consultant's suggestions. 3. Review Technical Memorandum. Work Products: 1. One (1) copy of Workshop Minutes. Task 602 - Final Design Consultant Responsibilities: 1. Prepare Installation Contract Documents using AutoCAD 2000i and Word 6.0. Develop documents in accordance with the standard City bidding procedures using City t~ont end specifications (e.g. Invitation to Bid, Instructions to Bidders, Bid Form, etc.), the Standard General Conditions of the Construction Contract as prepared by the Engineers Joint Contract Documents Committee (EJCDC), and HDR technical specifications (Division 2 through 16) that are based on Construction Specification Institute (CSI) format. 2. At the 50 percent design phase, construction drawings and specifications will be submitted for review. This level of design includes pump station layout and initial specifications of proposed materials. 3. At the 90 percent design phase, construction drawings and specifications will be submitted for review. This level of design includes f'mal pump station details and complete specifications. Construction staging and sequencing will be included. 4. At 50 and 100 percent design phase, prepare an Engineer's Opinion of Probable Construction Cost (Engineer's Estimate). 5. Conduct meeting with City to discuss review comments on 50 and 90 percent submittals. Assumptions: 1. The Contract Documents will be based upon Task 601 - Predesign. 2. The budget is based upon production of the estimated following 10 design drawings (no Traffic Control drawings to be provided): Cover Sheet/Location, Vicinity Map, Drawing Index Legend, Abbreviations, Material Symbols Civil/Miscellaneous Details Site Plan/Demolition/Structural Plan/Electrical Plan/Notes Mechanical Plan/Sections/Details Electrical Legend, Abbreviations, Symbols Electrical MCC One-Line/Elevations Electrical Power/Lighting Plan/Schedules Electrical Control Diagrams Instrumentation & Control 3. No building is required. Ciw, of Bremerton A-6 WB-3/EB-6 PS Upgrades 1/28/2002 Prelirainat?,/Final Design 4. Review meetings will last a maximum of 8 hours each. 5. EB-6 design is approved by Washington Department of Ecology by September 17, 2002. City Responsibilities: 1. Identify areas, if any, which may be used as a Contractor's staging area. 2. Attend review meetings with individuals fi.om engineering and wastewater treatment plant. }Fork Products: 1. One (1) copy of the 50 and 90 percent design submittal with half-size drawings (11' x 17") and specifications. 2. One (1) set of unbound, reproducible Contract Documents with electronic files on CD(s). Task 700 - Surveying Consultant Responsibilities: 1. Coordinate survey of area adjacent to EB-6. Assumptions: 1. All blocks and text sized for final plot scale: 20. 2. Text rotated to sheet orientation, either 0 or 90 degrees when North is up: North will be either up or to the right. 3. All text upper case. 4. Text on separate layers per utility. Text size 0.10 times scale factor. 5. All blocks created on layer "0' and are color by layer, not entity. 6. Provide located monuments in CAD file as well as table listing horizontal and vertical control points. 7. Specify datum used. 8. Provide right-of-way lines, property lines, and roadway centerlines. 9. Provide surface features (MH's, CB's, valve boxes, etc.) on a separate layer from buried features. Pipes 18" diameter and larger to be double line. Include surface and buried items for power, telephone, fiber optic, gas, storm, sewer, water, and any other applicable utility. Utility inverts and rim elevations labeled as available. 10. Index and interval contours to be on separate layers based on 1-foot increments. 11. Edge of pavement clearly delineated and text including material, asphalt, concrete, gravel, etc. 12. Vegetation and trees 2" or larger. 13. Miscellaneous items such as fences, mailboxes, signs, other structures, etc. 14. All contours to have a correct "Z" elevation saved on a separate file. City ResponsibtTities: 1. Perform surveying (approximately 150' x 150'). City of Bremerton A-7 WB-3/EB-6 PS Upgrades 1/28/2002 Prelimina~,/Final Design Work Products: 1. Electronic AutoCAD 2000i files on CD(s). Task 800 - Additional Services Consultant Responsibilities: 1. Provide estimate for additional services requested by the City. Assumptions: 1. An allowance has been included in the project budget for additional services as requested by the City. Funds will not be expended from this task budget without prior written authorization (e.g. Notice to Proceed) by the City. City Responsibilities: 1. Request additional services in writing. E-mail is considered acceptable. 2. Provide written authorization to perform additional services. E-Mail is considered acceptable for authorization. }Vork Products: 1. Work products will be established at the time additional services are requested by the City. City of Bremerton A-8 WB-3/EB-6 PS Upgrades 1/28/2002 Prelimina~. /Final Desig~ EXHIBIT B CITY OF BREMERTON WB-3/EB-6 PUMP STATION UPGRADES DESIGN SERVICES COMPENSATION Compensation for Consultant's services under this Contract shall be on a Cost Plus Fixed Fee basis but not to exceed the Total Price. The sum of Cost and Fixed Fee shall be the compensation for the Scope of Work. Cost shall include Direct Labor Cost, Indirect Costs, and Reimbursable Expenses. Cost shall be an amount equal to Direct Labor Cost times a factor of 2.85 plus Reimbursable Expenses. Direct Labor Cost shall mean salaries and wages (basic and overtime) paid to all personnel for time worked directly on the project. Indirect Costs shall include overhead, taxes, and other indirect project administrative costs. Fixed Fee shall mean a fixed amount of fee that is added to the Cost. The Cost may vary, but the Fixed Fee shall remain the same provided the Scope of Work does not change. The Fixed Fee will be prorated and paid monthly in proportion to the project work satisfactorily completed. A payment for an individual month shall include that portion of the Fixed Fee allocable to the project work satisfactorily completed during the month and not previously paid. Any portion of the Fixed Fee not previously paid in the monthly payments shall be included in the final payment. The Fixed Fee for all tasks in the Scope of Work excluding Task 800 - Additional Services shall be Twenty Thousand Six Hundred Seventy Four Dollars ($20,674). For work authorized by the City under Task 800, the Fixed Fee will be increased at a rate twelve percent (12%) on the additional work Cost excluding Reimbursable Expenses. Reimbursable Expenses shall mean the actual expenses incurred directly or indirectly in connection with the project for transportation travel, subconsultants, subcontractors, computer usage, telephone, fax, shipping and express, and other incurred expense. Charges for reimbursable expenses incurred by the Consultant will be at the following rates as shown in Table B-1. The amount of any sales tax, excise tax, or gross receipts tax that may be imposed on this Agreement shall be added to the Consultant's compensation as Reimbursable Expenses. City of Bremerton B-1 WB-3/EB-6 PS Upgrades 1/28/2002 Prelimina~/Final Design Table B-1 Reimbursable Expense Charges Item Billing Rate Miscellaneous Postage at cost Travel Mileage at 36.5 cents per mile or the current Internal Revenue Service ORS) allowable rate for business use of an automobile Other travel expenses at cost Copying Standard at 10 cents per page Plotting~ 11 x 17 at $3.00 per sheet 22 x 34 at $7.00 per sheet HP755 color at $8.50 per sheet Phone At cost Fax In-coming at No charge Outgoing at $0.75 per page Computer Engineer at $10 per hour CADD at $15 per hour 1. In-liouse billing rate listed above: outside plotting will be billed "at cost". Monthly invoices shall be submitted to the City for work performed subsequent to work covered by all previously submitted invoices and shall be computed pursuant to the rates and limitations set forth above. The approximate distribution of costs with respect the tasks are presented in Table B-2. Consultant may adjust the distribution of compensation between individual tasks of the work noted herein to be consistent with services actually rendered, but shall not exceed the total estimated compensation amount unless approved in writing by the Owner. No costs shall be charged to the budget identified in Table B-2 for Tasks 800 without written authorization fi:om the City. City of Bremerton B-2 WB-3/EB-6 PS Upgrades 1/28/2002 Prelirnina~.,/Final Design Table B-2 Task Breakdown of Project Budget1'2 Task Description Estimated Budget Pre-Authorization dated January 7, 2002 $ 10,000 300 Project Management $ 11,100 301 WB-3 Predesign $ 3,200 3 302 WB-3 Equipmem Purchase $ 16,800 303 WB-3 Installation Contract (Design) $ 91,800 304 WB-3 Installation Contract (Construction) $ 24,200 601 EB-6 Predesign $ 9,600 602 EB-6 Final Design $ 45,700 700 Surveying $ 1,800 800 Additional Services $ 20,000 Total Contract Amount $234,200 1. Cost plus Fixed Fcc. 2. Task budgets are approximate; project managers reserve the right to reallocate budget among all tasks except Tasks 800 provided that the total budget of this Agreement is not exceeded. 3. To include $10,000 Pre-Authorization dated January 7, 2002. Ci~ of Bremerton B-3 kg'B-3/EB-6 PS Upgrades 1/28/2002 Prelimina~. /Final Design EXHIBIT C CITY OF BREMERTON WB-3/EB-6 PUMP STATION UPGRADES DESIGN SERVICES PROJECT SCHEDULE The schedules for work conducted under this Agreement are listed herein. The Consultant understands that WB-3 PS needs to be operational by December 31, 2002 and that EB-6 PS Design needs to be approved by September 17, 2002. The following milestones are intended to meet this schedule: Consultant Notice to Proceed January 10, 2002 WB-3 Hydraulic Analysis January 29, 2002 WB-3 Predesign Workshop February 8, 2002 WB-3 Predesign Technical Memorandum February 15, 2002 WB-3 Equipment Purchase Documents to City February 22, 2002 WB-3 Equipment Purchase City Review Comments March 1, 2002 WB-3 Equipment Purchase Advertisement March 12, 2002 EB-6 Design Survey Provided by City to Consultant March 15, 2002 WB-3 Equipment Purchase Open March 26, 2002 WB-3 Equipment Purchase Award April 5, 2002 EB-6 Design Predesign Workshop April 12, 2002 EB-6 Design Predesign Technical Memorandum April 19, 2002 WB-3 Equipment Purchase Shop Drawing Preparation April 26, 2002 WB-3 Equipment Purchase Shop Drawing Review May 3, 2002 WB-3 Installation Contract 50 Percent Documents to City May 3, 2002 WB-3 Installation Contract 50 Percent City Review Comments May 17, 2002 EB-6 Design 50 Percent Documents to City May 31, 2002 EB-6 Design 50 Percent City Review Comments June 14, 2002 WB-3 Installation Contract 90 Percent Documents to City June 21, 2002 WB-3 Installation Contract 90 Percent City Review Comments July 5, 2002 EB-6 Design 90 Percent Documents to City July 12, 2002 WB-3 Installation Contract 100 Percent Documents July 19, 2002 WB-3 Installation Contract Advertisement July 23, 2002 EB-6 Design 90 Percent City Review Comments July 26, 2002 WB-3 Installation Contract Open August 6, 2002 EB-6 Design 100 Percent to WDOE August 9, 2002 WB-3 Installation Contract Award August 16, 2002 WB-3 Equipment Purchase Fabrication/Delivery September 6, 2002 EB-6 Design WDOE Approval September 13, 2002 WB-3 Installation Contract Substantial Completion November 1, 2002 City of Bremerton C-1 WB-3/EB-6 PS Upgrades 1/28/2002 Preliminata,/FinaI Design AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: Feb 13, 2002 ORIGINATING DEPT: Risk Manaqement, Contract Extension with Olsen & Olsen ORIGINATOR: P. Lesser DATE SUBMITTED: 1/30/02 2. CLEARANCES: (comment on back 3. EXHIBITS: ifn~~~~ Professional Services City Attorney ~ A~,~----. Agreement-Olsen&Olsen Operations ~__~,~~~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Olsen & Olsen has been providing various legal services to Bremerton Since December 2000. Six claims have been resolved by this firm and one remains active. Additional expenditure authority is needed to resolve that matter. 8. RECOMMENDATION: Motion to approve the amendment to the professional services agreement with Olsen & Olsen for an additional $50,000 with a total not-to-exceed contract amount of $149 ~ ,~~~ ~(m J-~~c~ 9. RESPONSIBLE OFFICIAL:City Attorney ENFORCEMENT OFFICIAL: Risk Manager EXPIRATION DATE: 12/31/02 REVIEW DATE: 12/31/02 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED ___~~ED COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO: 2. CLEARANCE COMMENTS (cont.): 4. SIIMMARY STATEMENT (cont.) : 5. IMPACT ON NON-PASSAGE: Impaired ability to defend the City during litigation. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES Funds for defense of tort actions are budgeted in the Risk Management Fund. 7. RESEARCH SOURCES PROFESSIONAL SERVICES AGREEMENT Retained Counsel Services - Amendment This agreement is by and between the City of Bremerton (hereinafter "City':) and Otsen & Olsen, (hereinafter "Retained Counsel"). WITNESSETH: WHEREAS, the parties entered into a professional services agreement for legal services to be provided to the City by Retained Counsel in an amount not to exceed Ninety-nine Thousand Nine Hundred Fifty and No/100 Dollars ($99,950.00); and WHEREAS, the parties wish to amend the agreement to provide for additional services required for ongoing litigation in an additional amount not to exceed Fifty Thousand and No/100 Dollars ($50,000.00); NOW, THEREFORE, in consideration of the mutual covenant hereinafter stated, the parties hereto agree as follows: Section III. "Compensation" is amended to read: In consideration of the services provided pursuant to this Agreement, the City shall pay Retained Counsel in a total amount not to exceed One Hundred Forty-nine Thousand Nine Hundred Fifty and No/100 Dollars ($149,950.00). Payment will be based on an hourly rate not to exceed $175.00 per hour. All other terms and conditions of the parties Professional Services Agreement as amended on October 15, 2001 shall remain in full force and effect unless inconsistent with this agreement. Dated this day of _, 200 I. CITY OF BREMERTON OLSEN & OLSEN By: By: CARY BOZEMAN, Mayor STEVEN L. OLSEN APPROVED AS TO FORM: City Attorney ~ RECEIVED FOR FILING: KATHLEEN McCLUSKEY; Ci.ty Clerk PROFESSIONAL SERVICES AGREEMENT OLSEN & OLSEN The City of Bremerton ("City") and ©lsen & OIsen ("Retained Counsel"), referred to collectively as the "Parties", enter into the following Agreement for professional services: I. Scope: The Retained Counsel will represent the City of Bremerton on an as needed basis in matters related to municipal government services. II. Term: This Agreement commences on December 8, 2000 and terminates on December 31, 2001. III. Compensation: In consideration of the services provided pursuant to this Agreement, The City shall pay Retained Counsel in a total amount not to exceed Nineteen Thousand Nine Hundred Fifty and No/100 Dollars ($19,950.00). Payment will be made based on an hourly rate not to exceed $175.00 per hour. IV. Hold Harmless: Retained Counsel shall be solely responsible for the acts and failures to act of its personnel which arise in any way out of performance of this Agreement. Retained Counsel agrees to defend, indemnify, and hold harmless the City and its officials and employees from and against all liability, loss, damages, and expenses, including costs and attorneys' fees, resulting from actions, claims, and lawsuits arising or alleged to have arisen, in whole or in par[, out of or in consequence of the acts or failures to act of Retained Counsel, its employees, its subcontractors, its agents, or its assigns in the performance of this Agreement. The City and Retained Counsel have specifically negotiated Retained Counsel's waiver of its immunity under Title 51 RCW, which is hereby waived for purposes of Retained Counsel's indemnification and hold harmless of the City, including the duty to defend. This provision shall be inapplicable to the extent such action, claim, or lawsuit is judicially found to arise solely from the acts or failures to act of the City. V. General Conditions: A. Reports and Information: When requested by the Mayor or a Bremerton Assistant Attorney, Retained Counsel shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. B. Entire Aqreement: This Agreement constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set,forth in the text of this Agreement. C. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. D. Modification: This Agreement may only be modified by written instrument signed by OLSEN & OLSEN 12/8/00- Page 1 both Parties. E. Notices: Notices shall be in writing and delivered to the following addresses: Lynn Horton Steven L. OIsen Mayor OIsen & Olsen 239 Fourth Street $16 Ericksen NE Bremerton, WA 98337 Bainbridge Island, WA 98110 F. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. G. Compliance with Laws: Retained Counsel shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. H. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. I. Attorneys' Fees: The substantially prevailing Party in any litigation arising out of this Agreement shall be entitled to its reasonable attorneys' fees and court costs. VI. Nondiscrimination: Retained Counsel shall not discriminate in employment or services to the public on the basis of race, color national origin, sex, religion, age, marital status, or disability, except for employment actions based on bona fide occupational qualification. CITY OF BREMERTON OLSEN & OLSEN By: Lynn S. Horton, Mayor ,.,- . © I~ (~ OLSEN & OLSEN 12/8/00 - Page 2 PROFESSIONAL SERVICES AGREEMENT Retained Counsel Services - Amendment This agreement is by and between the City of Bremerton (hereinafter "City") and Olsen & Olsen, (hereinafter "Retained Counsel"). WITNESSETH: WHEREAS, on December 8, 2000 the parties entered into a professional services agreement for legal services to be provided to the City by Retained Counsel in the amount not to exceed Nineteen Thousand Nine Hundred Fifty and No/100 Dollars ($19,950.00); and WHEREAS, the parties wish to amend the agreement to extend its term and to provide for additional services required for ongoing litigation in the additional amount of Thirty Thousand and No/100 Dollars ($30,000.00); NOW, THEREFORE, in consideration of the mutual covenant hereinafter stated, the parties hereto agree as follows: Section Il. "Term" is amended to read: This agreement commences on December 8, 2000 and terminates on December 31, 2002. Section III. "Compensation" is amended to read: In consideration of the services provided pursuant to this Agreement, the City shall pay Retained Counsel in a total amount not to exceed Forty- nine Thousand Nine Hundred Fifty and No/100 Dollars ($49,950.00). Payment will be based on an hourly rate not to exceed $175.00 per hour. All other terms and condkions of the parities December 8, 2000 Professional Services Agreement shall remain in full force and effect unless inconsistent with this agreement. Dated this ~ day of ~ _, 2001. CITY OF BREMERTON OLSEN & OLSEN S. HORTON, Mayor t./""/8~TEVEN L. OLSEN APPROVED AS TO FORM: DAVID B.~ST. PrEP. RE Assistant City Attorney RECEIVED FOR FILING: KATHLEEN McCLUSKEY, CiD' Clerk PROFESSIONAL SERVICES AGREEMENT Retained Counsel Services - Amendment This agreement is by and between the City of Bremerton (hereinafter "City") and Olsen & Olsen, (hereinafter "Retained Counsel"). WITNESSETH: WHEREAS, the parties entered into a professional services agreement for legal services to be provided to the City by Retained Counsel in an amount not to exceed Forty-nine Thousand Nine Hundred Fifty and No/100 Dollars ($49,950.00); and WHEREAS, the parties wish to amend the agreement to provide for additional services required for ongoing litigation in the additional amount of Fifty Thousand and No/100 Dollars ($50,000.00); NOW, THEREFORE, in consideration of the mutual covenant hereinafter stated, the parties hereto agree as follows: Section III. "Compensation" is amended to read: In consideration of the services provided pursuant to this Agreement, the City shall pay Retained Counsel in a total amount not to exceed Ninety- nine Thousand Nine Hundred Fifty and No/100 Dollars ($99,950.00). Payment will be based on an hourly rate not to exceed $175.00 per hour. All other terms and conditions of the parties Professional Services Agreement as amended on June 6, 2001 shall remain in full force and effect unless inconsistent with this agreement. Dated this \~ day of ~..---¥~.,Xt'-' ,2001. CITY OF BREMERTON OLSEN & OLSEN ~tLqrNN S. HORTON, Mayor ~STEVEN L. OLSEN APPROVED AS TO F3)ffdM:~J Interim City Attorney RECEIVED FOR FILING: KATHLEEN McCLUSKEY, City Clerk AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: February ~, 2002 ORIGINATING DEPT: Admin. Services Ordinance No. ORIGINATOR: K. McCluskey Municipal Court Judge Salary DATE SUBMITTED: January 22, 2002 2. CLEARANCES: (comment on back 3. EXHIBITS: Attorney ~ ~ ~ ~, Ordinance Human Resources i Treasurer Fiscal & Budget Operations ~ ENDORSEment__ ~ON. APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: / - ....... couNciL PRESIDENT MAYOR 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The Municipal Court Judge salary has been raised annually by CPI. There has been no salary survey since 1994,and it has not bccn previously included in the Management salary-.~l~n. The attached October 15, 2001 salary survey was prepared for the Olympia Municipal Court, which is similar in size and workload to the Bremerton Court. It is recommended that based upon the survey data and the similarities between the two courts, that the Bremerton Municipal Court Judge salary be D!accd on .................. ~ ............. ~ :~ =u~ set at an annual rate of ,752. Future increases will be by council action. 8. RECOMMENDATION: Motion to approve the Ordinance relating to Municipal Court Judge salary on first reading. Motion to pass Ordinance # on second reading. 9. RESPONSIBLE OFFICIAL: Human Resources ENFORCEMENT OFFICIAL: Human Resources EXPIRATION DATE: N/A REVIEW DATE: N/A 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED ~AENDED COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO: .~'~.~ ~ ~ ~ '~'~ ~i 33 2. CLEARANCE COMMENTS (cont.): 4. SUMMARY STATEMENT (cont.) : 5. IMPACT ON NON-PASSAGE: The salary would remain at $83,075.00 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES This can be funded within the existing court budget. 7. RESEARCH SOURCES: ORDINANCE NO. AN ORDINANCE amending Ordinance #4474 setting the Municipal Court Judge's salary and benefits. THE CITY OF BREMERTON DOES ORDAIN: Section 1. Amended. Section 2.62.035 of the Bremerton Municipal Code is hereby amended to read as follows: 2.62.035 MUNICIPAL JUDGE - SALARY AND BENEFITS. (a) The judge of the Bremerton Municipal Court shall receive in ~oo< ........ ~ ~ .... ..... ., .......................... : ....... ~,., ·, ...... ~ .... an annual sa of Ninety-one Thousand Seven Hundred Fifty-two Dollars ($91,752.00). For each year thereafter, the salary hall be adj d · - ........... :a~a, .......... , ,,~.~ s ustc tv, .~a~. ,u .... + ~4,~:.,; ..... ...^c~:^~ ~ ....... ca.~ r~:., by City Council action. (b) The judge of the Bremerton Municipal Court shall receive benefits provided in accordance with the Management and Professional Staff Compensation Program as set forth in Bremerton Municipal Code 2.50.040 through .080; r~.v,.,:.4~, ~, ......... ,h~ ~.~:~: ....... ,:^:_ Section 2. Amended. Section 2.62.040 of the Bremerton Municipal Code is hereby amended to read as follows: 2.62.040 JUDGES PRO TEMPORE, COURT COMMISSIONERS - HEARING EXAMINER. Pursuant to RCW 3.50.090 the presiding municipal court judge may designate one or more persons as judges pro tempore to serve in the absence or disability of the elected or duly appointed judge of the court or in addition to the elected or duly appointed judge when administration of justice and the accomplishment of the work of the court make it necessary. The qualifications of a judge pro tempore shall be the same as for judges as provided under RCW 3.50.040 except that a judge pro tempore need not be a resident of the city or county in which the municipal court is located. A judge pro tempore of Bremerton Municipal Court shall receive a salary for each hour in which the judge pro tem serves at a rate equivalent to nine _ty percent (90%) of the hourly salary of the Bremerton Municipal Court Judge. The municipal court judge may appoint one or more court commissioners under RCW 3.50.075. To utilize the services of judicial officers of the court for the purpose of hearing contested matters relating to the interest of the City and its citizens and the operation of the various departments of the City, the office of hearing examiner is created in the municipal court. Section 3. Effective Date. This ordinance shall become effective ten (10) days after passage and publication. Municipal Judge.ord Page I of 2 3~' APPROVED by the City Council of the City of Bremerton this __ day of ,2002. PASSED by the City Council of the City of Bremerton this __ day of ,2002. CAROL ARENDS, Council President APPROVED this __ day of ,2002. CARY BOZEMAN, Mayor ATTEST: KATHLEEN McCLUSKEY, City Clerk Municipal Judge.oral Page 2 of 2 3~ MUNICIPAL COURT JUDGE SALARY SURVEY October 15, 2001 COURT SALARY RANGE ACTUAL NOTES PAY Auburn $ 77,052 - $ 91,512 $ 79,740 Automatic step increases + COLA. Bremerton Flat rate $ 80,256 Set by Council every 2 years + COLA Olympia Flat rate $ 85,032 Set by Council. Includes COLA Yakima $ 72,840 - $ 88,476 $ 88,476 Set by City Manager and Council + COLA Renton $ 76,824 - $93,588 $ 93,588 Set by Council + COLA *MEDIAN $ 94,828 Seattle Flat rate $ 96,068 Pay Freeze Kent Flat rate $104,280 Set by Council Everett Flat rate $105,972 1 Full-time & 1 Part- time Judge. No COLA Tacoma Flat rate $113,505 Follows District Court Judges Salary** Spokane No match Part of District Court *Median is determined with 8 jurisdictions excluding Olympia and Spokane. **The proposed salary increases for District Court Judges, as adopted by the Washington Citizens' Commission on Salaries for Elected Officials are: 200l: $113,524 2002:$116,135 COUNCIL STUDY SESSION COMMITEE DATE AGENDA ITEM CITY OF OLYMPIA Olympia, Washington BUDGET COMMITTEE October 24, 2001 SUBJECT: Salary for Olympia Municipal Court Judge ORIGINATED BY: Judge Lee Creighton STAFF CONTACT: Cathy Raymond, Human Resources Director, 753-8307 BACKGROUND: RCW 3.5.080 indicates that the salary for Municipal Court Judge is established by ordinance. The last time the Council passed such an ordinance was in 1998, just prior to the first election for Olympia Municipal Court Judge. At that time the salary was set at $76,008, which was the rate of the previous Judge's pay. Provision was also made for the pay to be adjusted annually based on the Cost of Living Adjustment (COLA) given to all other Independent employees. Judge Creighton's current pay is $85,032. Judge Creighton has requested that the Council consider a pay adjustment. ANALYSIS: To determine what the salary for Municipal Court Judge should be, Human Resources Department staff did a job analysis and conducted a salary survey. Job Analysis. This job analysis was conducted in 1998. There have been no significant changes in the fundamental duties of the Judge. The 1998 analysis compared the job of Municipal Court Judge with District Court Judge (the closest external job match) and City Attorney (the closest internal job match). The conclusions are that District Court Judge has slightly more responsibility and that City Attorney is not comparable because the purpose and responsibilities are very different. The job analysis summary is attached. Absent any significant changes in the job, the recommendations are based on the salary comparisons of other municipal courts. Salary Survey. A salary survey was conducted of 8 other municipal courts. Two conclusions were drawn from the survey: 1) that there is wide variation in salary l~br this position - $79,740 - $113,505, and 2) that there was no particular method used consistently by responding jurisdictions on how to set pay- some use pay ranges, some have flat rates, some get COLAs, some pay the same as District Court Judge, and so forth. The survey results are attached. The data indicates that Olympia is the third lowest pay of the 8 reporting jurisdictions, with Bremerton and Auburn paying less. The median of the reported data is $94,828, 11.52% more than the Judge's current pay of $85,032. As mentioned in Judge Creighton's memo of June 28, 2001, the Washington Citizens Commission on Salaries for Elected Officials determines the salary amounts for district court judges. The Commission has recommended $t 13,524 for 2001 and $116,135 for 2002. OPTIONS: 1. No change. Continue to pay the Judge at the top step of the 090 pay range, which is $85,032. This is the same pay level as City Attorney. The advantage of this option is that it is internally the most equitable. The disadvantage is that it is may not be competitive with other jurisdictions and should Judge Creighton choose not to run for re-election in future years, the salary may not attract good candidates. 2. Pay at or slightly less than District Court Judge. District Court Judges are currently paid $113,524. 5% less than this pay would be $107,847. The advantages of this option are that it is competitive with the closest external job match. The disadvantages are that internally, the judge would be paid nearly at the same level as the City Manager and significantly more than the City Attorney. Additionally, by using the District Court Judge pay recommendations, we would inadvertently attach the City to the salary setting process of a body outside of city government. 3. Pay according to the City's current pay practice, which is at the market rate. Market rate is defined as being within 5% above or below the median of the market. The median of the market for Municipal Court Judge is $94,828. Placing the pay at $91,000 brings the pay to within 4.2% of the market median. The advantage of this option is that it is consistent with the City's pay practices. The disadvantage is that it creates some internal alignment issues (it would be at the same pay level as Public Works Director and more than Police Chief, City Attorney, Fire Chief and Administrative Services Director). STAFF Pay Municipal Court Judge $91,000 which is the market rate for RECOMMENDATION: other Municipal Court Judges. This salary is consistent with the City's current pay practices. BUDGET IMPACT OF The salary of $91,000 is a $5,968 annual increase over the current RECOMMENDATION: salary. Additional cost of benefits would be nominal. DOCUMENTS Municipal Court Judge Job Analysis ATTACHED Municipal Court Judge Salary Survey Memo to City Council from Judge Lee Creighton dated 6/28/01. COUNCIL ACTION Recommendation for City Council approval of salary for Municipal REQUESTED: Court Judge. 3 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: 02/13/02 ORIGINATING DEPT: Executive Public Hearing and an ordinance ORIGINATOR: Mayor Bozeman amending Chapter 2.76 of the DATE SUBMITTED: 2/06/02 BMC regarding purchasing procedures. 2. CLEAPJ~NCES: (comment on back 3. EXHIBITS: if necessary) Ordinance City Clerk~~=~ , City Attorne~/ --~ ~ ENDORSEM~L~ I~ APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: MAYOR {'~---l~ ~~~ COUNCIL PRESIDENT ~~. ~~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: a) The requirement to obtain Committee Chair approval for professional services expenditures in excess of $1000 and Council President's approval for Professional Services expenditures in excess of $10,000 creates additional work for City Council, City Departments and the Purchasing Division. Council should amend this procedure such that professional and purchased services costing $10,000 or less must be authorized as determined by the respective department head; professional and purchased services costing more than $10,000, but less than $20,000 must authorized by the Mayor or designee; any professional or purchased service costing $20,000 or more must have the authorization of City Council. b) We have always followed the State guidelines regarding Small Works Roster projects. This change is a housekeeping move to bring the City back into line with the latest RCW limitations for such projects. 8. RECOMMENDATION: 1) Move to approve an ordinance amending Chapter 2.76 of BMC on first reading. __ 2) Move to pass Ordinance # on second reading. 9. RESPONSIBLE OFFICIAL: ~ ~ ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED AMENDED COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO: 2. CLEARANCE COMMENTS (cont.): 4. SUMMARY STATEMENT (cont.) : 5. IMPACT ON NON-PASSAGE: Council and staff will continue to expend valuable time resources on low value service acquisitions. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES Council and staff will have more time to devote to other tasks in their schedule. 7. RESEARCH SOURCES ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending section 2.76.300 of the Bremerton City Code relating to contracting for professional and purchased services by updating the same. WHEREAS, the current provisions for contracting for professional and purchase services results in delayed and inefficient purchases; and WHEREAS, the City Council desires to update these provisions to provide for more effective and efficient contracting of professional and purchased services; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 2.76.300 of the Bremerton City Code entitled professional and Purchased Services is hereby amended to read as follows. Sec. 2.76.300. PROFESSIONAL AND PURCHASED SERVICES. (a) General. (1) Professional Services are defined as a vocation, calling, occupation or employment requiring a license, degree, labor, skill or special knowledge wherein the labor or skill involved are predominantly mental or intellectual rather than physical. They include, but are not limited to, consulting on: legal, planning, architectural, engineering or instructional services. (2) Purchased Services are defined as general support services provided by a vendor to accomplish routine, continuing, and necessary functions. They include, but are not limited to: court reporting, data entry, word processing, language translation, equipment repair and maintenance, landscape maintenance, cleaning and janitorial service. i. As needed or annually, the City may advertise in a newspaper of general circulation its projected needs for Professional and Purchased Services disciplines. 1 Procurement ..~ ............... , ............. ~ ............ ~ ...... contract for professional or p~chased se~ices for w~ch the estimaed cost to purch~e s~d se~ices is ~der ten thous~d doll.s ($10,000.00) shall be approved ~d entered into pmu~t to such te~s ~d conditions ma~ be au~ofized by ~e director of the dep~ment for which the contract is made. Any con~act for professional or p~ch~ed se~ices for which the estimated cost to p~ch~e s~d se~ices is ten ~ous~d doll.s ($10,000.00) or more must be in ~ting, unless ~e Ma~or dete~ines o~emse, ~d approved bg ~e Magor or hs or her desi~ee. ~y con. ct for professional or p~ch~ed se~ices for which ~e estimated cost to p~chase said se~ices is ~en~ ~ous~d doll.s ($20,000.00) or more must be in ~ting ~d au~ofized by the co~cil. Con~cts for profession~ ~d p~chased se~ices ~e not req~red to follow the bid requirements of BMC 2.76.200 but mag be entered into t~ough direct negotiations. Contracts ma~ not be split into multiple p~chases to avoid the authodzation requirements set fo~h in t~s section. (b) Architectural and Engineering Services. (1) Pursuant to RCW 39.80.030, the City shall publish its requirements for architectural and engineering services on each occasion when services are required or annually. SECTION2. Section 2.76.400 of the Bremerton City Code entitled Public Works Contracts is hereby amended to read as follows: Procurement Sec 2.76.400 PUBLIC WORKS CONTRACTS. (a) Public Works is defined as all work, construction, alteration, repair or improvements other than ordinary maintenance of City owned structures, infrastructure and properties executed at the cost of the City. The cost of a public work shall include all amounts paid for materials, supplies, equipment and labor on the project. The City may not divide a public works project into phases in order to avoid compliance with bidding requirements. (1) Small Works Roster. In lieu of advertised formal bids, Small Works Roster Public Works projects with an estimated cost of greater than Ten Thousands Dollars ($10,000.00), but less than Oae Two Hundred Thousand Dollars ($I00,000.00) ($200,000.00), shall be awarded by City Council. i. As needed or annually, the City shall advertise in a newspaper of general circulation its projected needs for Small Works Projects Contractors. ii. Small Works Roster shall consist of all licensed contractors who have requested and are qualified to be on the roster. Proposals shall be solicited from at least five (5) contractors, if available, on the list and then at least one (1) of the invitees shall, if available, be a qualified and certified minority or woman owned contractor. Contracts resulting from proposals submitted greater than $10,000.00 shall be awarded by City Council. (2) Work By Force Account. In lieu of formal bids, Work by Force Account may be used to perform Public Works. Work by Force is the use of City employees and City owned and/or purchased materials to perform a Public Works Project, wherein the total cost of the project, including labor and materials, is less than $20,000.00 if a single craft is involved or $35,000.00 if multiple crafts are used. i. If a single project has an estimated cost, including labor and materials in excess of $15,000.00, the City shall, at least fifteen (15) days before beginning work, publish notice describing the work and estimated cost. ii. Work Force Account projects when aggregated, shall not exceed ten percent (10%) of the total dollar amount of the public works construction budget period. iii. The City shall maintain and preserve a full true and accurate account and record of all costs of executing the work as prescribed by budgeting, accounting and reporting laws. 3 Procurement iv. A true copy of the account of record shall be filed within sixty (60) days after the completion of the work. SECTION 3. Severabilit~. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 4. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. SECTION 4. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council of the City of Bremerton this day of ., 20 PASSED by the City Council of the City of Bremerton this day of _, 20 CAROL ARENDS, Council President Approved this day of ., 20 CARY BOZEMAN, Mayor ATTEST: KATHLEEN MCCLUSKEY, City Clerk R:/L~gal/ordinanzerProcurement 4 Procurement AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA: February 13, 2002 Appointment of District 1 Council Member ORIGINATING DEPT: City Council ORIGINATOR: Carol Arends, Council President DATE SUBMITTED: February 7, 2002 2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: ~Jty Attoi:~ey ENDORSEMENT [-~ INFORMATION [--] APPROVED FOR SUBMITTAL BY COUNCIL PRESIDENT: MAYOR: ~ ,~~ 4. SUMMARY STATEMENT AND REO_UII~MENT FOR COUNCIL ACTION: At the Council Meeting on February 6, 2002, the Council President announced that applications for the vacant District 1 Council seat would be accepted until close of business ($:00 P.M.) on Tuesday, February 12, 2002. Interviews will then be held during the Council meeting of February 13, 2002, and will occur in the same order that the applications are received. Depending on the time constraints, the interviews may be continued to the February 20th Council meeting. Following the interviews, Council Members will deliberate, then take a ballot vote. The results will then be announced to the public. 5. RECOMMENDATION: Move to appoint as the new District 1 Council Member. 6. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 7. NOTICE OF ACTION: PULLED ~] TABLED ['-] APPROVED [--] DISAPPROVED ~] AMENDED [-~ DATE: COUNCIL DIRECTIVE: 8. AGENDA BILL 9. IMPACT OF NON-PASSAGE: Citizens of District 1 will not be represented. 10. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: 11. RESEARCH SOURCES: