HomeMy WebLinkAbout05/16/01 AGENDA CITY COUNCIL MEETING AGENDA
MAY 'I 6, 2001
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 - April 25, 2001 (#AB01-102)
B. Minutes of Meeting - May 2, 2001 (#AB01-103)
4. CLAIMS/CHECK REGISTERS
5. COUNCIL MEMBER REPORTS
6.. cou.clL COMMIttEE REPORTS
7. MAYOR'S REPORT ~/S~ /_~o~
8. LEGISLATIVE REPORT
9. PUBLIC RECOGNITION - (Comments limited to 3-minutes)
10. NEW BUSINESS
A. Bid Award for Double Drum Vibratory Roller (#AB01-104)
B. Bid Award for Re-Drilling the City's Well 18 (#AB01-105) ~.~
C. Request for Acceptance of Point Factor Job Rating System and Salary Survey &
Compensation Process for the "Classification & Compensation Study" conducted by
PriodMartceh & Associates (#AB01-106)
D. Professional Services Agreement Amendment with Olsen & Olsen (#AB01-107) 3~
..- .. .............
pt jJ,..~ ~ -"'--'-"";","° Sep;Jcec ;'ur Fusi. er ~pver Lawsuit Guppurt (#AE~0-i-108) 3'7
I
11. ADJOURNMENT OF MEETING -
COUNCIL WILL RECONVENE IN THE COUNCIL CONFERENCE ROOM FOR A STUDY
SESSION TO DISCUSS THE "MILLER & MILLER REVIEW OF ADMINISTRATIVE SERVICES
DEPARTMENT"...
PROCLAMATION
WHEREAS, foster care is an important community and family service provided by
many dedicated foster parents in the City of Bremerton; and
WHEREAS, foster parents, through their love, affection, direction and compassion
have opened their homes and their hearts to children and youth in foster care throughout
Bremerton; and
WHEREAS, foster parents give of themselves, their resources and welcome children
in need of care into their lives; and
WHEREAS, many foster parents are our real role models, heroes and mentors in our
community; and
WHEREAS, it is fitting and proper that our community honors all foster parent
organizations and all foster parents who contributed and continue to contribute to a better
community and world;
NOW, TItEREFORE, I, Lynn S. Horton, Mayor of the City of Bremerton do
hereby proclaim the month of May
FOSTER P/IRENT APPRE CLA TION MONTH
in Bremerton and urge all residents and citizens to volunteer their talents and energies on
behalf of children in foster care, foster parents and the professional staff working with them
during this month and throughout the year.
SIGNED this 16th day of May 2001.
Lynn S. Horton, Mayor
PROCLAMATION
WHEREAS, the annual sale of Poppies by the American Legion Auxiliary Unit 68
of the United States has been officially recognized and endorsed by governmental leaders
since 1920; and
WHEREAS, the Poppies are assembled by disabled veterans and the proceeds of this
worthy fund-raising campaign are used exclusively for the benefit of disabled and needy
veterans and the widows and orphans of deceased veterans; and
WHEREAS, the basic purpose of the annual sale of Poppies is eloquently reflected in
the desire to "Honor the Dead by Helping the Living";
NOW, THEREFORE, I, Lynn S. Horton, Mayor of the Cily of Bremerton, do
hereby urge the citizens of this communiW to recognize the merits of this cause by
contributing generously to its support through the purchase of Poppies on the days set aside
for the distribution of these symbols of appreciation for the sacrifices of our honored dead
and proclaim May 17, 2001 through Memorial Day as
"POPPIES DAYS"
and encourage all patriotic citizens to wear a Poppy as mute evidence of our gratitude to the
men of this country who have risked their lives in defense of the freedoms which we
continue to enjoy as American citizens.
SIGNED, this 16th day of May 2001.
Lynn S. Horton, Mayor
PROCLAMATION
WHEREAS, between 700 and 800 people die each year in boating related
accidents in the U.S.; nearly 70% of these are fatalities caused by drowning; and
WHEREAS, the vast majority of these accidents are caused by human error
or poor judgment and not by the boat, equipment, or environmental factors; and
WHEREAS, a significant number of boaters who lose their lives by
drowning each year would be alive today had they worn their life jackets; and
WHEREAS, modem life jackets are more comfortable, more attractive, and
more wearable than styles of years past and deserve a fresh look by today's boating
public;
NOW, THEREFORE, I, Lynn S. Horton, Mayor of the City of Bremerton,
do hereby support the goals of the North American Safe Boating Campaign and
proclaim May 19-25, 2001, as NATIONAL SAFE BOATING WEEK and the start
of the year-round effort to promote safe boating. I urge all those who boat to "Boat
Smart from the Start" by wearing a life jacket and practicing safe boating habits.
SIGNED this 16th day of May 2001.
Lynn S. Horton, Mayor
PROCLAMATION
WHEREAS, public works services provided in our community are an integral
part of our citizens' everyday lives; and
WHEREAS, the support of an understanding and informed citizenry is vital
to the efficient operation of public works systems and programs such as water,
sewers, storm drainage, streets, and highways, public buildings, solid waste
collection, and snow removal; and
WHEREAS, the health, safety, and comfort of this community greatly depend
on public works facilities and services; and
WHEREAS, the quality and effectiveness of these facilities, as well as their
planning, design, and construction, is vitally dependent upon the efforts and skills
of public works officials; and
WHEREAS, the efficiency of the qualified and dedicated personnel who staff
public works departments is materially influenced by the public's attitude and
understanding of the importance of the work these people perform;
NOW, THEREFORE, I, Lynn S. Horton, Mayor of the City of Bremerton, do
hereby proclaim May 20 through May 26, 2001, as
NATIONAL PUBLIC WORKS WEEK
in Bremerton, and I invite all citizens and civic organizations to acquaint
themselves with the problems involved in providing our public works services and to
recognize the contributions that public works officials make every day toward our
health, safety, and comfort.
SIGNED, this 16th day of May 2001.
Lynn Horton, Mayor
TO: Mayor Lynn Horton
John Law, Council President
City Council Members
FROM: Lori
SUB J: Award-Winning High School Essays
DATE: May 15, 2001
At the Council meeting this Wednesday, May 16, 2001, Tom Long of Bremerton
Rotary will be invited to the podium by Mayor Horton at the conclusion of her
"Mayor's Report".
Mr. Long will briefly describe the Rotary-sponsored "JIM SHANK MEMORIAL
SCHOLARLISH ESSAY CONTEST", and introduce the First Place Winner: Natanya
Wilson ("Putting a Stop to Squatting"); and the First Runner Up: Chris Keough CA
Community Behind Its Youth").
Each student will then~ay (see attached copies).
Natanya Wilson
"Putting a Stop to Squatting"
Bremerton, Washington is known for its location directly across the Puget Sound from Seattle,
and the fact that it is the home of the Puget Sound Naval Shipyard. Numerous parks, a view of
the water, and thousands of evergreens line the city, making it a very beautiful place to live.
However, just like every other city, Bremerton is not without problems. I would like to present a
problem that is of great concern to me, and hopefully one that our community can battle against.
My topic may seem a little out of the ordinary, but I feel that it is a genuine problem affecting
hundreds, possibly thousands of people in Kitsap County. My focus in this essay is the act of
"squatting" and how we as a community can solve the problems that arise from this irresponsible
behavior.
Squatting is a term that many people may not understand. This is unfortunate because it is an
issue that has caused a lot of turmoil in communities and neighborhoods around the world, and
even in Kitsap County. Before I voice my concerns I will explain what exactly squatting is.
Webster's Dictionary defines "squatting' as, "settling on unoccupied land without legal claim."
There are two main forms of squatting. When a house is found unoccupied, often times squatters
will move in without legal consent and without paying any form of rent. Or, a tenant may decide
to quit paying his or her rent and "squat" in a house for a prolonged period of time, refusing to
leave.
Other than simply taking advantage of the system, squatting presents numerous problems to law
enforcement officers, neighbors, homeowners and the community as a whole. Often, houses
I of 5
inhabited by squatters are the bases of drug dealing and other illegal activity. This brings an
element of frustration and fear to neighbors who may have young children, or the elderly who
are fearful of being home alone at night. Previously safe neighborhoods may begin to feel like a
community that is unsafe to live in.
The preceding statements are not merely based on opinion, but also on experiences that I am
aware of. This topic is a concern to me because it hits close to home. I go to a church located in
a low-income neighborhood in West Bremerton. We have been attending the same church for
fourteen years, and while vandalism to our building has been minimal, the surrounding roads and
houses have presented many interesting, often unnerving experiences. Many elderly people who
attend our church live within walking distance from it. Therefore, they too, live in an area of
town where crime and the blare of police sirens are not uncommon. Our church is also
surrounded by dozens of small children who mn along the streets and play in their backyards
without any concern about their own personal safety. In the past couple of years there have been
two very evident cases of squatting which have taken place within one block of our church
building.
Fairly recently there was a house that had been repossessed one block from our church. Without
warning, a group of people active in drug trading moved into it. Legally, the bank couldn't take
any action for twenty-eight days. After this time period was up, they had the right to take action,
but only by moving through the court system, which is a very long, tedious process. Eventually,
through the correct channels, the squatters were removed, but not until after a very exhausting
process took place. I talked to a man who played an active role in expelling the squatters from
2 of 5
the house. The concern was not merely the fact that they weren't paying rent. It was quite
evident that major illegal drug activity was taking place. To crack down on this, he took a
number of steps to clear the squatters out.
First, he approached other neighbors and presented the problem to them. He wanted to
determine who was willing to help in his crusade for a safer neighborhood. All work by
neighbors was done anonymously, so fear for their safety was never an issue. Next, he contacted
the Sheriff's Department who in turn put them in contact with WESTNET (West Sound
Narcotics Enforcement Team) which is a consortium of the law agencies of Kitsap County.
WESTNET can only be contacted by phone, because it is an undercover agency. The neighbors
were advised to record all license plate numbers of vehicles going to and from the house of
concern. They took note of all activity that could be reported as "suspicious" in order to give the
Sheriff's Department the right to enter the house. Examples of this were loud, obnoxious noise,
speeding, threatening neighbors, etc. Law enforcement officers couldn't legally enter the house
for drug accusations without having seen it themselves. Therefore, they needed an alternative
reason to go in.
On Sunday, March 11a', the saga ended abruptly, when screams were heard from the house and
the police were called. After entering the house reinforcements were needed upon the discovery
of nine men in the house who had warrants for their arrest. There were also two stolen cars
parked outside. Three Bremerton police cars, two county cars and a state trooper responded to
the call. From the help of the neighbors, the police received over two hundred license plate
numbers. Including foot traffic, it is suspected that over eight hundred people had visited the
3 of 5
house in previous months. The entire process involving several concerned neighbors, and a
combined effort by local law enforcement agencies, lasted over a period of three months. The
house was completely trashed inside and out, but the Department of Ecology has promised to
clean up the garbage.
To some, this scenario may bring an element of excitement and a thrill, but to those living in the
neighborhood where it took place, it was a frightening, overwhelming experience. Fortunately, it
ended safely, but not until a neighborhood experienced a major ordeal. How much longer would
the problem have gone on if concerned neighbors hadn't taken the necessary steps to dd the
community of their unwelcome neighbors?
One neighborhood claimed a victory over illegal squatters, but only because they took the
initiative. Under our current laws, landlords seem to have very few rights concerning how to
deal with irresponsible tenants or people that simply move in without permission. The legalities
involved are extremely complicated. The best plan of action in dealing with squatters is to be a
responsible, concerned citizen. By caring about our neighborhoods and helping law enforcement
officers to handle squatters, we need to get involved in the community to make a difference. By
following the legal steps to make our neighborhoods safer not only are we proving our concern,
but also we're taking action, rather than sitting back, assuming someone else will deal with our
problems. By minimizing squatting we may also be stopping numerous other crimes that are
taking place in the houses, therefore showing criminals that neighbors are watching, and care
about their community. If we want our neighborhoods to be safe, we need to enter the system
and get involved.
4 of 5
REFERECES
Anonymous Source, Member of community disturbed by squatters in his neighborhood.
Bremerton, Washington, March 15, 2001.
Baker, Travis, "Screams Bring Crowd of Police Officers," The Sun Newspaper, March 12, 2001,
5 of 5
Chris Keough
JIM SHANK MEMORIAL SCHOLARSHIP
ESSAY CONTEST
"A Community Behind Its Youth"
The idea I'd like to share for a community problem has most likely been proposed numerous
times in the past. The dilemma is simple: teenagers throughout the city claim that they have
nowhere to go on the weekends. Many kids these days wander---and cruise--- around town just
trying to find something to do. And as we are well aware, the problems with that are numerous.
From police and parental concerns, to bad decision-making, there needs to be a change. My
suggestion is the creation of a youth program for teem that will provide a positive and enjoyable
atmosphere as well a safe place for kids to go on week-end nights. Lionel Collins, a well-known
security employee at Bremerton Junior High, is popular for telling students to, "Do the right
thing." What if the community of Bremerton offered special events along with an organization
to help us make those "right" choices?
When my mother was in high school in the early 70's, there were all-cRy dances at the Sheridan
Gym. I am not entirely sure why these events stopped happening but they seem like a good
idea. The year is now 2001 and many things have changed dramatically in our community since
the dance program ceased to exist. But thirty years later, kids still want to do the same things.
They want to have a good time with friends and meet new people. They also desperately want to
belong, to be a part of something bigger. If the right people were to offer support, I believe the
Sheridan Center could be a safe place for teem as well as a moneymaker for the community.
Dances or socials could be held at the Sheridan facility in a similar fashion to the shows of local
bands in recent months. The Bremerton High sound/stage department could be recruited to come
in and run the music while other volunteers could help with set-up and clean- up in exchange for
free admission.
This suggested program does not have to be limited to dances. There could be theme nights,
sports leagues, and movie offerings. It would be great to explore the possibilities of a formal
membership--- a low-cost, high-involvement organization that could offer special events, field
trips, and perhaps even a tutoring program along with other oppommities for kids to give back to
their community through volunteer service. And just imagine the possibilities for positive role
models for younger children who could aspire to one day belong to Bremerton's own teen club!
I believe that running a youth program within the city is something that is very realistic. I have
had the privilege and the pleasure of being the president of two such teen groups during these
past 15 months; one is a branch of the *Boys and Girls Clubs of America and the other, a Nike
Swoosh Club which is partially funded by the corporate (Nike) organization. Both groups
mentioned above serve large numbers of youth ages 12-18 and are located at the Jackson Park
and Subase Bangor recreation facilities. ( *Kristi Montandon[360-535-5915] and/or Linda
Forbes [360-535-5937]would be more than willing to provide direction for anyone seeking to
initiate other chapters oftbese groups.)
Page 1 of 2
There are many teenagers at Bremerton High who agree with me. I believe a simple solution
such as mine can change much of that "there's nothing to do in Bremerton" feeling. Not all
teens in our community fred a niche at their schools or have opportunities provided by local
churches. An organized youth group would benefit the city by promoting positive adult-youth
relations and the stature of the community would be increased. People from surrounding areas
would see a positive program for young people coming out of the city of Bremerton. So let's
create a positive atmosphere for young people and let's get the teens involved in their Bremerton
community.
Page 2 of 2
AGENDA BILL
BREMERTON CITY COUNCIL
I. SUBJECT: FOR AGENDA OF: HAY I~, 2001
ORIGINATING DEPT.: CITY COUNCIL
MINUTES OF MEETING-- APRIL 25, 2001 ORIGINATOR: JOHN E. LAW, PRESIDENT
DATE SUBMITTED: APRIL 30, 2001
.L CLEARANCES: (Comment on back if necessary) 3. EXHIBITS:
:_NDORSEMENT I'1 INFORMATION i'l APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:
vlAYOR COUNCIL PRESIDEU~,~,. .... Z'
SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
RECOMMENDATION:
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION
~ULLED 1'] TABLED D APPROVED ['J DISAPPROVED ri AMENDED I'1 DATE: ~
~OUNCIL DIRECTIVE:
11. AGENDA BILL NO.:
(OVER)
2. CLEARANCE COMMENTS:
4. SUMMARY STATEMENT (CONTINUED):
5. IMPACT OF NON-PASSAGE:
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES:
7. RESEARCH SOURCES:
TAPE #1766 UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
April 25, 2001
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, April 25, 2001, at 5:30 P.M.,
with Council President John Law presiding. Council members present were Jim Reed, Conrad Esser,
Carol Arends, Mike Shepherd, Ed Rollman, Cecil McConnell, and Wayne Olsen. Also present were
Deputy City Clerk Paula Johnston; Assistant City Attorney David St. Pierre; and Legislative Assistant
Lori Smith.
The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed
by the invocation given by Pastor John Ber~lren of Family of God Lutheran Church.
President Law made the following announcements:
1) A Pre-Council session to discuss general Council business was held prior to the Council Meeting.
2) Council will interview two additional applicants for the vacant District 6 position, followed by a 30-
minute (rather then 60-minute) Executive Session to "Evaluate Applications for Appointment' per
RCW Chapter 42.30.110(1)(h), in the Conference Room. Council will then return to the
Chambers to conclude City business.
3) Item 10A, an "Ordinance Providing the Elected Officials' PERS Participation; and Payment by City
of Discretionary Contributions and Interest Payments" was pulled from the Agenda tonight.
CONSENT AGENDA - There were no Consent Agenda Items scheduled for this week.
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.
#0050 M/S/C/U (Esser/McConnell) On April 25, 2001, the Council does approve for payment those
vouchers included and further described as follows: Checks 231397 through. 231399 and 251411
through 251644 in the amount of $977,555.95 and Retiree Payroll for the pay period ending April 30,
2001 in the amount of $122,112.42
COUNCIL MEMBER REPORTS
Wayne Olsen asked the citizen who called earlier, to please call back, since a phone number was
not provided in the message left on his voicemail.
Cecil McConnell announced that District 1 & 2 would be holding a Town Meeting on Monday, May
14, 2001 from 7:00 to 9:00 P.M. at the Sheridan Park Recreation Center located at Lebo Blvd. &
Clare Avenue. The program will include an "Electric Energy Update"; the current "Water Shortage";
and the "Garbage Contract".
Ed Rollman discussed the recent murder of a transient in the City, and hoped that anyone who could
provide information would contact the police.
Mike Shepherd discussed and encouraged the use of drought-tolerant plants.
Carol Arends thanked the business owners for their patience and cooperation during the
inconvenience caused by the construction at Callow & Burwell.
TAPE #1766
City Council Reg. Mtg. Minutes
April 25, 2001
Page 2 of 4
,Jim Reed discussed a recent meeting, which focused on enforcement at Kitsap Lake this summer,
and was pleased to announce that he was able to obtain the donation of a boat to assist the Police
Department in this manner.
~ announced his decision to not run for another elected office so that he can spend
more time with his wife. He chose to make this decision early, to allow time to give his District time to
think about a replacement.
MAYOR'S REPORT
On behalf of the Mayor, President Law read two Proclamations, proclaiming:
· May 6 through 12, 2001 as "DRINKING WATER WEEI, C', which was accepted by Kathleen
Cahall, City of Bremerton Water Resources Manager; and
· May 2001 as "MENTAL HEALTH MONTH", which was accepted by H. Emily Moshay, a
member of the Foundation Board for Kitsap County Mental Health.
COMMITTEE REPORTS
Mr. Olsen was pleased to report that after a year of work, there will be a press conference on
Monday, April 30, 2001 at 11:00 A.M. at the Port Orchard City Hall to announce the acceptance of the
final Kitsap County Regional Council Revenue Sharing Agreement.
Mr. She_Dherd discussed the progress made at the Salmon Restoration Negotiation Committee
meeting regarding riparian areas and forest cover.
Mrs. Arends discussed her participation in the KRCC Revenue Sharing Agreement; her work with
the Council Goals & Objectives; and her attendance at the Puget Sound Regional Council tomorrow.
~ discussed the last Solid Waste Advisory Committee meeting.
LEGISLATIVE REPORT - There was no report tonight.
PUBLIC RECOGNITION
Mary_ McKenzie, Jim Carlson, Marty Conn, and Dan Rio announced their support for John
Chittenden for the appointment of District 6 Council member.
ri~L~[aJ:l~JaJ.C~D discussed rules of the Open Public Meetings Act.
H. Emily Moshay and Patricia Monticjue provided their support for Dianne Robinson for the
appointment of District 6 Council member; H. Emily Moshay announced the "Chambers After Hours"
which will be held at the Port of Bremerton from 5:30 P.M. to 7:00 P.M. tomorrow evening.
Information can be obtaining by calling (360) 479-3579. There will also be a City Clean-Up from May
5-6. Information can be obtained by calling the Mayor's Office at (360) 478-5266.
Don Larson was pleased that 50 volunteers showed up for the Sinclair Inlet Clean-up event to collect
14 cubic yards of garbage, and thanked a number of businesses for their support.
TAPE #1766
City Council Reg. Mtg. Minutes
April 25, 2001
Page 3 of 4
Elizabeth Buell asked why the lights remain on at Lions Field at the conclusion of games simply to
clean the fields. She encouraged energy conservation by cleaning the fields during the daytime
hours.
NEW BUSINESS
9A - BUDGET ADJUSTMENT NO. 01-5 FOR GORST CREEK SALMON ENHANCEMENT
PROJECT (AB01-088): Forestry Manager Bill McKinney stated that the Gorst Creek Salmon
Enhancement (Restoration) Project was not included in the 2001 budget for Fund 401. Funding for
this project was secured through grants form the State Salmon Recovery Funding Board (SRF Board)
and the Kitsap PUD. This project will remove approximately 720 feet of stream from a concrete
channel to a newly constructed, more natural configuration of approximately 1,000 feet of earthen
channel to provide suitable spawning grounds for salmon coming up Gorst Creek. The project is
located within the confines of Jarstad Park and the area adjacent to the Gorst Creek Pump Station.
Estimated cost of the project is $534,650.00. Financial contributions in the amount of $368,150.00
would come from the SRF Board; $50,000.00 from an already budgeted PUD grant for design
services and the remainder will be City matching funds from Fund 401 year 2001 ending cash of
$54,500 plus volunteer and in-kind contributions equal to approximately $62,000. A budget
adjustment to Fund 401 is requested for the expenditure amount of $472,650 as set forth in the
attached Budget Adjustment No. 01-5.
There were no comments from the public.
#1855 M/S/C/U (Shepherd/Reed) Move to approve Budget Adjustment 01-5 in the amount of
$472,650 to allow the Gorst Creek Salmon Enhancement Project to proceed.
9B - APPROVAL OF KITSAP REGIONAL COORDINATING COUNCIL INTER-LOCAl
AGREEMENT (#AB01-089): Mary_ McClure, Executive Director of the Kitsap Regional Coordinating
Council (KRCC) provided a presentation to the Council covering the proposed KRCC Inter-Local
Agreement, re-establishing KRCC; and the corresponding By-Laws at the City Council Meeting on
April 11, 2001. It was established that the dues structure contained in the agreement was based on
assessed valuation and population. Council action tonight is approval of the Inter-Local Agreement,
and authorizing the Mayor to sign.
There were no comments from the public.
#1995 M/S/C/U (Arends/Olsen) Move to approve the attached Inter-Local Agreement, and
corresponding By-Laws; and authorize the Mayor to sign.
4/~A __ (~DrllklAkl/',l- ldd~ A?~"J IQE=~'~kll't DI2Ar~Ikl4~.A DDC~%llrllkld~ TIlE 1~1
IklTEDE~T DAV~J~MT~ /~A~n4_n?G~. This item was pul/ed from the agenda.
The meeting continued in the Conference Room at 5:34 P.M. to inte~iew ~o additional candidates;
followed by a 50-minute Executive Session to "Evaluate Applications for Appointment".
The Council reconvened in the Council Chambers at 8:07 P.M. to continue NEW BUSINESS.
9C - APPOINTMENT OF DISTRICT 6 COUNCIL MEMBER (~AB01-090)- Council Member
John Law stated that on April 4, 2001, David Farr submiEed his resignation as Council Member for
District 6 due to recent move outside his district. The position for District 6 Council Member was then
TAPE #1766
City Council Reg. Mtg. Minutes
April 25, 2001
Page 4 of 4
advertised, with 6 qualified applications received. Interviews were held on April 18, 2001 and April
25, 2001. City Council Members will then agree on nominations and make a selection. Confirmation
of the newly appointed Council Member will take place at the next Council Meeting schedul.ed for
May 2, 2001.
There were no comments from the public.
VOTE 1:
Voted for Eric Younger: Olden, McOonnell, Law, Reed
Voted for Dianne Robinson: Arends, Rollman
Voted for Rena Hoskinson: Shepherd
Voted for John Chittenden: Esser
VOTE 2:
Voted for Eric Younger: Olsen, McConnell, Law, Reed
Voted for Dianne Robinson: Rollman, Shepherd, Arends
Voted for Rena Hoskinson:
Voted for John Chittenden: Esser
VOTE 3:
Voted for Eric Younger: Olsen, McConnell, Law, Esser, Reed
Voted for Dianne Robinson: Rollman, Shepherd, Arends
Voted for Rena Hoskinson:
Voted for John Chittenden:
Vote: 5-Younger; 3-Robinson
With no further Council business, the meeting adjourned at 8:30 P.M.
Prepared and Submitted by:
LORI SMITH, Legislative Assistant
Attest:
PAULA JOHNSTON, Deputy City Clerk
JOHN LAW, City Council President
City of Bremerton
JL/PJ/Is/cge
c: Normal Distribution
File
AGENDA BILL
BREMERTON CITY COUNCIL
· SUBJECT: FOR AGENDAOF: HAY 16, 2001
ORIGINATING DEPT.: CITY COUNCIL
MINUTES OF MEETING-- MAY 2, 2001 ORIGINATOR: JOHN E. LAW, PRESIDENT
DATE SUBMITTED: HAY 9, 2001
!. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS:
--NDORSEMENT [] INFORMATION [] APPROVED BY COUNCIL PRESIDENT FOR SUBMI'I-FAL:
I.. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
RECOMMENDATION:
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION
~ULLED I] TABLED I1 APPROVED ri DISAPPROVED I] AMENDED I'l DATE:3B
~OUNCIL DIRECTIVE:
11. AGENDA BILL NO.: ~ 1 - ~,~'~
(OVER)
2. CLEARANCE COMMENTS:
4. SUMMARY STATEMENT (CONTINUED):
5. IMPACT OF NON-PASSAGE:
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES:
7. RESEARCH SOURCES:
TAPE #1767 UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
May 2, 2001
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, May 2, 2001, at 5:30 P.M.,
with Council Vice-President Mike Shepherd presiding. Council members present were Jim Reed,
Conrad Esser, Carol Arends, Eric Younger, Ed Rollman, Cecil McConnell, and Wayne Olsen. Also
present were Deputy City Clerk Paula Johnston; and Legislative Assistant Lori Smith. Council
President John Law was absent.
The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed
by the invocation given by Cha.Dlain Conrad Dodd of Kitsap Lake Baptist Church.
James N. Docter, Municipal Court Judge, administered the OATH OF OFFICE during a Swearing-In
Ceremony for newly appointed District #6 Council Member Eric Younger.
Vice-President She.~herd made the following announcements:
1) A Pre-Council session to discuss general Council business was held prior to the Council Meeting;
which included a 5-minute Executive Session to discuss a "Review of Personnel Performance"
per RCW Chapter 42.30.110(1 )(g);
2) Council will reconvene in the Council Conference Room immediately following the meeting for a
10-minute Executive Session to discuss "Litigation" per RCW Chapter 42.30.110(1 )(i); followed by
the Monthly Study Session to discuss "Utility Rates", the "Parr Auto Center Development", and the
City's "Drought Plan Review"; and
3) On Monday, May 7, 2001 beginning at 4:00 P.M. the Council will meet for a Study Session to
discuss the "Amended Special Counsel Employment Contract".
CONSENT AGENDA
A. Minutes of Meeting - April 4, 2001 (#AB01-091)
B. Minutes of Meeting - April 11, 2001 (#AB01-092)
#0'100 M/S/C/U (McConnell/Olsen) Move to approve Consent Agenda as presented.
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
li~ing that had been made available to the Council.
#0120 M/S/C/U (Esser/McConnell) On May 2, 2001, the Council does approve for payment those
vouchers included and further described as follows: Checks 251687 through 251851 in the amount of
$775,786.18.
COUNCIL MEMBER REPORTS
Jim Reed announced a District 9 Community Meeting on Monday, May 7, 2001, beginning at 6:30
P.M. in the Bremerton Public Works Building located at 1600 Oyster Bay Road to discuss "Kitsap
Lake Recreational Use Rules & Regulations" recommended by the "Kitsap Lake Recreational Use
Review Committee".
TAPE #1767
City Council Reg. Mtg. Minutes
May 2, 2001
Page 2 of 4
Carol Arends provided an update on the Hwy 304 construction project. If there are any questions,
citizens are asked to call Project Manager Lynn Price at 478-5272; reported on the Press Conference
held at Port Orchard City Hall to announce the KRCC Revenue Sharing Agreement; and announced
the Bremerton School District Board Meeting would be held tomorrow evening at 5:30 P.M.
Eric Younger expressed his thanks and appreciation to his fellow Council members in choosing him
to represent District #6. He now would like to meet the constituents of his district, and is talking with
Carol Arends about a possible combined District 6 & 7 meeting in the near future.
Ed Rollman discussed the availability of rain barrels for purchase this Saturday, May 5; announced
several new downtown businesses; and that expressed that his prayers are with John Law.
Cecil McConnell and Wayne Olsen announced that District 1 & 2 would be holding a Town Meeting
on Monday, May 14, 2001 from 7:00 to 9:00 P.M. at the Sheridan Park Recreation Center located at
Lebo Blvd. & Clare Avenue. The program will include an "Electric Energy Update"; the current "Water
Shortage"; and the "Garbage Contract".
Mike Shepherd announced a District 5 Neighborhood meeting on Thursday, May 17, 2001 beginning
at 6:30 P.M. at the Memorial Lutheran Church located at 10th& Veneta with Chris Hugo of the City's
Building & Planning Department. He also reminded citizens to attend the First Friday Art Walk and
related events this week.
COMMITTEE REPORTS:
Carol Arend$ stated the Kitsap County Board of Health meeting tomorrow would include interviews
for a replacement for Willa Fisher; and discussed the Puget Sound Regional Council meeting she
attended last Thursday.
Ed RoIIman, Cecil McConnell, and Wayne Olsen briefly reported on the first meeting of the Charter
Review Committee, and announced that their second meeting would be held this Friday. It was also
noted that they would be soliciting comments from the public at a future meeting.
MAYOR'S REPORT
Mayor Horton announced that a book of memorials "Washington State Korean War Dead" would be
available in her office if anyone would like to look up the name of a loved one who died during the
war. She also discussed the "Downtown Bremerton Cleanup" event on Saturday & Sunday, May 5 &
6 beginning at 2:00 P.M.; and stated that she would be bringing information to the Council in the next
few weeks to discuss setting a policy for participating with the Sister City program.
The following proclamations were read:
May 6 - '/2, 2001 as "Suicide Awareness Week"; and May 12, 2001 as "Suicide Awareness
Day", which was accepted by Cynthia Baker; and
May 3, 2001 as "National Day of Prayer" which was accepted by Jeffery Flood, who encouraged
all citizens to pray as a solution to the underlying problems of the nation.
Lastly, she thanked Mary McClure for her diligent work with the Kitsap Regional Coordinating Council.
TAPE #1767
City Council Reg. Mtg. Minutes
May 2, 2001
Page 3 of 4
LEGISLATIVE REPORT - There was no report tonight.
PUBLIC RECOGNITION
Pat Wright, Chairman for the Armed Forces Festival Committee, announced a number of activities
that were scheduled from May 18 through 20 to celebrate Armed Forces Day.
Don Larson provided brochures as he discussed a resent visit to Mission, British Columbia.
9A - BREMERTON/KITSAP ACCESS TELEVISION (BKAT) FUNDING AGREEMENT WITH
KITSAP COUNTY; AND BKAT GOVERNMENTAL SERVICES AGREEMENT WITH KITSAP
COUNTY (AB01-093): Administrative Services Director Kathleen McCluskey stated that the City of
Bremerton and contracts with the county to provide those services. We first entered into this
partnership in February 1998. 1) The funding agreement increases the amount of pass through
dollars from the county Cable Company to the City for AT&T. Charter remains at $0.21. The term of
the agreement is extended 3 years to 12/31/03. The insurance clause has been clarified with the
consent of both the county and city Risk Managers. 2) The Governmental Services Agreement has
been extended to 12/31/02 and rates have been increased and established for the 3-year period.
There were no comments from the public.
#1050 M/S/C/U (McConnell/Rollman) Move to approve Funding Agreement with Kitsap County.
There were no comments from the public.
#1100 M/S/C/U (Arends/Olsen) Move to approve Governmental Services Agreement.
9B - KITSAP REGIONAL COORDINATING COUNCIL (KRCC) REVENUE SHARING PRINCIPLE~
AGREEMENT (#AB0'I-094): Mary_ McClure, Executive Director of the Kitsap Regional Coordinating
Council provided the Council with a presentation covering the proposed Revenue Sharing Agreement
with Kitsap County at the City Council Committee meeting on April 25, 2001. Council action tonight
may include approval of the Revenue Sharing Agreement, and authorizing the Mayor to sign.
There were no comments from the public.
The Council thanked Mary McClure for the hard work she has put in to make this agreement happen.
#1150 M/S/C/U (Olsen/Reed) Move to approve the attached Revenue Sharing Agreement, and
authorize the Mayor to sign.
Meeting continued in the Conference Room for a 10-minute Executive Session from 6:30 to 6:40 P.M.
to discuss "LITIGATION" per RCW Chapter 42.30.110(1 )(i), with David St. Pierre providing legal
representation per telephone. With no further Council business, the meeting adjourned at 6:40 P.M.
Following the adjournment, the Council met in the Council Conference room for their 2-hour Monthly
Study Session to discuss "UTILITY RATES" and the "PARR AUTO CENTER DEVELOPMENT" with
City Treasurer Rich Hanna; and the "DROUGHT PLAN REVIEW" with Public Works & Utilities
Director Gene Sampley.
II
TAPE #1767
City Council Reg. Mtg. Minutes
May 2, 2001
Page 4 of 4
Prepared and Submitted by:
LORI SMITH, Legislative Assistant
Attest:
PAULA JOHNSTON, Deputy City Clerk
JOHN LAW, City Council President
City of Bremerton
JL/PJ/Is/cge
c: Normal Distribution
File
AGENDA BILL
BREMERTON CI'TY COUNCt'L
1. SUB3ECT: Vibratory Roller Bid FOR AGENDA OF: May 16, 2001
Acceptance OR]:GZNAT]:NG DEPT: Public Works & Utilities
OR]:GINATOR: Jim Orton Fleet I~lanaQer
DATE SUBMZTTED: May 09, 2001
2. CLEARANCES: (Comments on back, 3. EXHIBITS: - Exhibit A - Bid Summary
ifn~z~///~ - Bid Tabulation
Director, PW & Utilities ~.~' ~ _.., ,-,- ~.v,,.,,,~ 6M
Purchasing Man..ager
,~ICity Attorney ~,_~--~ .~..~k~,~ /
City Treasurer - ~,., ~~ ,n _ ~._
Fin. & Budget Comm.
Operations Comm. ~____~,~.,/'~.27~r~'~- ~/
ENDORSEMENT [] INFORMATION [] APPROVED BY COUNCIL PRES[DENT FOR SUBMTrrAL:
4. SUMMARY ~'ATEMENT AND REQUIREI~IENT FOR COI~iC[L ACT[ON: The City of Bremerton, Equipment
Services Division, on behalf of Street Division, called for bids for a double drum vibratory roller per RCW and City of
Bremerton purchasing policies. Four (4) bids were received; however, only one (1) bid met specifications (see Exhibit A
attached. :It is recommended that the bid be awarded to Clyde West in the amount of $45,042.36 for a BOMAG BW:135AD
double drum vibratory roller.
8. RECOI~MENDAI'~ON: That the City Council approve the bid of Clyde West in the amount of $45,042.36 for a
BOMAG BW:~35AD double drum vibratory roller and authorize the r-layor to execute the contract subject to current City
Administrative Policies and Procedures.
9. RESPONSt'BLE OFF:lC:[AL: Director of Public Works and Utilities
ENFORCEMENT OFF[CLAL: Fleet Manaoer
EXP]:RATZON DATE:
REVIEW DATE:
10. NOT/CE OF ACI'ZON
PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED [] I ~A
I
COUNCIL D[RECTZVE:
2. CLEARANCE COMMENTS:
5. IMPACT ON NON-PASSAGE: Non-passage would increase maintenance and operation costs on the existing
equipment and jeopardize the Street Division's asphalt program due to downtime. This would slow down the operation,
thereby making it more cosUy.
6. I~MPACT ON STAFFI:NG, BUDGETS, FACI'I. TF~ES, EOUI:PMENT AND OTHER RE.~K)URCE$:
This eq,uipment is included in the 2001 ERR Fund 510 budget.
7. RESEAR. C.H SOURCES: RCW an, d City of Bremerton Purchasing Policies and Procedures.
CITY OF BREMERTON
BID TABULATION
BID TITLE: .l'~"~o&~ ~...,..,r.-'~ ~~-~ ~-.~-~v~ OPENED BY "~-'~ '~"--
BIDDER
~EC'D ITEM 1 ITEM 2 ITEM 3 ITEM 4 ITEM 5 HE T ~ID TAX TOTAL
· ,, ,,, , ,,,, -- ....... , ,,~ · :,, , , ( ,, : -- ~, .,
SUMMARY J, TOTAL BID J., COMMENTS
L~ ~
Make of Proposed Unit (Manufacturer) BOMAG
Model of Proposed Unit BW 135AD
Cost of Proposed Unit (excluding Sales Tax)$ 41,399.23
Washington State Sales Tax% 8.8 $ 3643.13
Total Cost $ 45~042.36
Amoum in Words Fourty"Five 'Thousand Fourty TWo Dollars & 36 cents
Signed .~~
Company Clyde/West Inc.
DELIVERY: 60-75 DAYS AFTER RECEIPT OF PURCHASE ORDER
2.001 C~' o~ Bmmetmo - R~Ie~ F~ge ~
EXHZBTT A
BTD SUMMARY FOR FAZLED BZDS
For clarification purposes, we will designate these bids as follows:
Bid Vendor Description Cost
CMl Construction Machinery Ingersoll Rand DD34HF $43,057.60
CM2 Construction Machinery Ingersoll Rand DD30 $36~992.00
ST Smith Tractor Dynapac CC142 $44,647.75
CM:L:
· Does not incorporate "instant stopping" of eccentrics
· Vibration does not cease above 0.5 MPH
· Water cooled engine
C1~12:
· Does not meet operating weight specifications
· Does not incorporate "instant stopping" of eccentrics
· Vibration does not cease above 0.5 MPH
· Water cooled engine
ST:
· Does not meet length specification.
· Does not meet drum base specification
· Does not meet vibrating per minute specification
· .' SPECZFTCATrONS FOR DOUBLE DRUM VTBRATORY
ROLLER
Vibratory System eonUnued: Yr:~ NO COMMENTS
The eccentric shall be mounted in heavy-duty, ×
, anti-friction beadncjs.
Shall have a frequency not less than 3500 'Vpm . ×
(58.3 Hz).
Shall have a nominal amplitude of not more than
.016" (.,04 mm). ,
Minimum centrifugal force Shaft be 7500 lbs.. (33.4
VibratorY system must be controllable to the extent
that the unit can be operated as totally static, front
drum only vibratincjf or both drums vibrating.
Instant stopping of eccentrics to avoid
"windmiiling" therefore reducing scuffing of asphalt × zN AUTOmkTZC MO~E
material surface. CEASES BELOW 0.5 MPH
Manual and automatic means for cutout of the x
vibrator system shall be provided.
Vibration shall cease above 0.5 mph (0.8 km/hr) in
X BELOW 0.
.automatic mode
Encline: Shall be a heavy-duty, air cooled diesel
× 2,4~o ~x, ~X~E~ COOLEd
of at least 40 hp (30 kw) at 2800 ~ovemed rpm.
Shall include an efficient, dry type air cleaner with
replaceable element and restriction indicator, fuel
filter(s) and an electrical system consisting of a 12
volt cjenerato,r/altemator starter and battery
Fuel capacity shall be such as to ensure 8-hours of
operation.
Prooulsion: Shall be of the fully hydrostatic,
closed circuit type with single-lever control of both
direction and speed.
Hydraulic system to be safe-guarded by a 10
micron oil filter. ×
Shall be independent of .vibration system.
Each drum shall be driven by a directly coupled
hydrostatic motor.
Chain, belt, gear box, mechanical reduction
systems, or any other type drives requiring
adiustments are not permitted.
Speed shall be infinitely variable with a minimum
top speed of 6.2 mph (10 kin/hr).
April 4, 2001 City ot Bmmem~l - Roller Page 17
C/TY OF BREMERTON
SPECZFZCATZONS FOR DOUBLE DRUM VZBRATORY
ROLLER
Gen, erai DescripUon: YES NO COMiVlENTS ...
The self propelled compactor shall be of the
articulated-frame type with an operating weight x
equal to or cjreater than 6800 Ib.s. (3085 kcl)..,,.
Construction: The machine shall be of a Center
point articulated design providing a minimum of 50
degrees total turning angle and 20 degrees total
oscillations between drums.
The front and rear sections shall be constructed of
heavy steel plate, welded and braced to resist
nermai operatincj stresses.
To enhance serviceability, the engine hood or
cover shall easily lift and/or tilt to expose the z
enginq~ filters and hydraulic components. .
Dimensions: The compactor shall meet the
following dimensional requirements: Maximum z
overall len~jth of 105" (26,65, mm),
M ,aximum width of 58" (1475 mm). z
Maximum height - top of ROPs of 110" (2795
mm). , ,
Maximum drum base of 75" (1905 mm). z
Minimum curb clearance of 22" (5,60 mm)rI
Maximum side clearance of 2.5" (65 mm).
Drums: The machined and chamfered' drums shall
be not less than 29" [735 mm) in diameter and 50" z
(1270 mm) wi,de.
Shall have a nominal shell thickness of not less
,than .50' (13 mm). z
The drum edges at ground contact point must be × ..
visible to the operator on either side of,the unit. ,.
A flexible, self-adjusting, non-meta,iJic drum
scraping device shall be mounted at front and rear ×
of both drums maintaining a cleaning action for
both fOrward and reverse travel directions. :
The drum and its vibrating parts shall be isolated
from the rest of the roller by resilient, replaceable
supports that isolate at least 90% of the vibration
under normal operation.
Vibrator~. system: Shai'i consist of a ~ixed-
displacement hydraulic pump driving a fixed-
displacement hydraulic motor directly coupled to
an in-the-drum, shaft-type eccentric.
Ap~l 4, 2001 C;ty of Bremerton- Roller Page 16
CITY OF BREMERTON
SPECZFICATZONS FOR DOUBLE DRUM VTBRATORY
ROLLER
vibratory system ,Continued: YE~ NO COMMENTs
The eccentric shall be mounted in heavy-duty, ×
,anti-frictioo beadn~s.
Shall have a frequency not less than 3'500 vpm ×
(58.3 Hz).
Shall have a nominal amplitude of not more than .....
r016" (.04 mm):, x
Minimum centrifugal force shall be 7500 lbs. (33.4
X
Vibratory system must be controllable to the extent
that the unit can be operated as totally static, front ×
drum only vibratinc. Ir or b. oth drums vibratincjr
Instant stopping of eccentrics to avoid zN AUTOMATIC MODE VIBRATION
"windmilling" therefore reducing scuffing of asphalt ~ CEASES BELOW 0.5 MPH
material surface. NOT ZNST~NT
Manual and automatic means for cutout of the
vibrator system ,shall be provided, x
Vibration shall cease above 0.5 mph (0.8 kin/hr) in
automatic mode x CEASES BELOW 0.5
Enqine: Shall be a I~eavy'd.uty, air cooled diesel x 2., 650 ~M, WATER COOLED
o..f at'least 40 hp ('30 kw) at 2800 ~lovemed rpm.
Shall include an efficient, dry type air cleaner with
replaceable element and restriction indicator, fuel
filter(s) and an electrical system consisting of a 12
volt generato.r/altemator starter and battery
Fuel capacity shall be such as to ensure 8-hours of
operation.
Propulsion: Shall be of the fully hydrostatic,
closed circuit type with single-lever control of both
direction and speed.
Hydraulic system to be Safe-guarded bY a 10
×
,m. icron oil filter.
Shall bejndependent of vi.bration syste.m, x
Each drum shall be driven by a directly coupled
.... hydrostatic motor, x
Chain, belt, gear box, mechanical reduction z
systems, or any other type-drives requiring
adiustments are not permitted.
Speed shall be infinitely variable with a minimum
top speed of 6.2 mph (10 km/hr), x
April 4, ;2001 Ci[y o~ grerne~on - Roller Page 17
CI'TY OF BREMERTON
SPECTF]:CATTONS FOR DOUBLE DRUM V/BRATORY
ROLLER
Vibratory System conUnued: YES NO COMMENTS
The eccentric shall be mounted in heavy-duty,
anti-friction bearings.
Shall have a frequency not less than 3500 ypm
Shall have a nominal amplibJde of not more than
Minimum centrifugal force shall be 7500 lbs. (33.4
Vibratory system must be controllable to the extent
that the unit can be operated as totally static, front
drum only vibratinq~ or both drums vibrating.
Instant stopping of eccentrics to avoid
"windmiiling" therefore reducing scuffing of asphalt
material surface.
Manual and automatic means for'cutout of the
vibrator system shall be provided. /~'
Vibration shall cease above 0.5 mph (0.8 kin/hr) in
automatic mode
E.qine: Shall be a heavy-duty, air cooled diesel ,/
..... of at least 40 hp (30 kw) at 2800 governed rpm.
Shall include an efficient, dry type air cleaner with
replaceable element and restriction indicator, fuel
filter(s) and an electrical system consisting of a 12
volt qenerator/altemator starter and battery
Fuel capacity shall be such as to ensure 8-hours of
operation.
Propulsion: Shall be of the fully hydrostatic,
dosed circuit type with single-lever control of both
direction and speed.
Hydraulic system to be safe-guarded by a 10
micron oil filter.
Shall be independent of vibration system.
Each drum shall be driven by a directly coupled
.. hydrostatic motor./4, :
Chain, belt, gear box, mechanical reduction
systems, or any other type drives requiring ~/~
adjustments are not permitted.
Speed shall be infinitely vadable with a minimum
tod speed of 6.2 mph (10 kin/hr).
April 4, 2001 City of Bmm,erl~n - Roller Page 17
CITY OF BREMERTON
SPEC]:F]:CAT]:ONS FOR DOUBLE DRUM V]:BRATORY
ROLLER
"General DesctipUon,: ,,, YES NO COMMENTS
The self propelled compactor shall be of the ,/
articulated-flame type with an operating weight
equal to or greater than 6800 lbs. (3085 kq),
Construction: The machine shall be of a Center
point articulated design providing a minimum of 50
degrees total turning angle and 20 degrees total
oscillations betwee,n drums.
The ~ront and rear sections shall be constructed of
./
heavy steel plate, welded and braced to resist
normal operatincj stresses. ...
To enhance serviceability, the engine hood or
cover shall easily lift and/or tilt to expose the
encjiner filters and hydraulic components.
Dimensions: The compactor shall meet the
following dimensional requirements: Maximum
overall len,clth of I05" (2665 mm).
Maximum width of,58" (1475 mm).
Maximum height - top of ROPs of 110" (2795
mm).
Maximum drum base of 75" (1905 mm).
.Minimum curb clearance of 22° (560 mm).
,Maximum s!de dear3nce of 2.5" (65 mm).
Drums: The machined and chamfered drums shall
be not less than 29" (735 mm) in diameter and 50"
(1270 mm) wide.. ..
Shall have a nominal shell thickness of not less
than .50" (13 mm)...
The drum edges at ground contact point must be
visible to the ol3erator on either side of the unit..
A flexible, self-adjusting, non-metallic drum
scraping device shall be mounted'at front and rear
of both drums maintaining a cleaning action for
both forward and reverse travel directions. :
The drum and its vibrating parts shall be isolated
from the rest of the roller by resilient, replaceable
supports that isolate at least 90% of the vibration
under normal operation.
Vibratory system: Shall consist of a fixed-
displacement hydraulic pump driving a fixed-
displacement hydraulic motor directly coupled to
an in-the-drum, shaft-type eccen~ic.
Apnl 4, 20(31 C.~ty of ~,remerl:on - Roller Page 16
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: FOR AGENDA OF: I~C[~ ~ ~ ~0C6i
ORIGINATING DEPT: Public Works & Utilities
Bid Award for Re-drilling the City's Well 18 ORIGINATOR: K. Cahall, Water Resources ~'~-'"/
DATE SUBMITTED: April 17, 2001
2. CLEARANCES: (comment ..o.n. ~ece~Asary) 3. EXHIBITS:
Director PW&U
City Attorney ~ ~_,.~ ~ Bid Tabulation Sheet
City Treasurer -.
Operations ~~ IDS WILL BE OPENED ON /11~ 01
ENDORSEMENT X "~' ~;~.,INFORMATION ~ APPROVED BY COU~JJ.A:ZR-~SIDENT~ SUBMITTAL:
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
In August 2000, the City's Well 18 failed from sand production and is unusable. A video inspection byt/~
hydrogeologist indicated that the well needed to be replaced by re-drilling a new well in the vicinity, bids
were received with ~,,J~r.,,~ ])r~ll;~ having a Iow bid at $ 0...~.~q~_~j~..
J
8. RECOMMENDATION:
That City Council award the installation of the new well to the lowest bidder and authorize the Mayor to sign,
subject to City administrative policies and procedures.
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTIO_~i~ ~~
PULLED __ TABLED __ APPROVED DISAPPROVED
COUNCIL DIRECTIVE: DATE:
11. AGENDA BILL NO: 0[-- JOC~'
2. CLEARANCE COMMENTS (Continued):
4. SUMMARY STATEMENT (Continued):
5. IMPACT OF NON-PASSAGE:
The City would lose the capacity of this well at 0.8 million gallons per day. During this year's drought situation,
use of this well will be critical.
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT, OR OTHER RESOURCES:
Capital funds in the Water Utility 2001/02 budget are available for this project. Estimates cost is $40,000.
7. RESEARCH RESOURCES:
Video inspection by Well Scan.
CITY' OF BREIIERTON
BID TABULATION
DATEOPEMED: _~[ILe!OI TIME OPENED: '~-:~ RECORDEDBY '~,c.~
~I)OER ~ , ITEM 1 ITEM 2 ITEM 3 ITEM 4 ITEM 5 NET I)lO TAX TOTAL
C~d~,,i ~R~..~I~,/ .... .9, ~.,~ 2,~.~ ~.os~._e
.... ~d .......
SUMMARY TOTAL BID COMMENTS
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: Request to accept the Point factor job FOR AGENDA OF: May 16, 2001
rating system and salary survey/compensation process for the ORIGINATING DEPT: Human Resources
Classification & Compensation Study conducted by ORIGINATOR: Carol Conley
Prior/Martech & Associates. DATE SUBMITTED: May 8, 2001
2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS:
-Pages 9-12 of Prior/Martech Final report
Asst. City Atty.: ~,._~,~h~. ,~%.-~..,..,_.,_..k ,,
Fiscal & Budget Committee:,
Operations Committee: ~
ENDORSEMENT~>~ INFORMATION [] APPROVED BY COUNCIL PRESI~T~R S~ITTAL:
MAYOR ~ {5). ~ COUNCIL PRESIDENT
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
In order to begin the employee appeal process for the Classification & Compensation Study, it is the
reccomendation of the Classification & Compensation Committee (CCC), that the point factor job rating system
and salary survey/compensation process as outlined in the Prior/Martech report presented to Council at the Study
Session on April 23, 2001 for the Teamsters bargaining unit, be adopted by the City Council. It is the CCC's
concern that without the concurrence of the City Council, the employee appeal process would serve no purpose.
*Please note that Council is not being asked to approve the recommendations or implementation of the study. Once
the employee appeal process has been completed and final placement of positions determined, a separate agenda
item will be brought before Council for their action.
8. RECOMMENDATION: lOC
Motion to adopt the point factor job rating system and salary survey/compensation process as outlined in the
Prior/Martech report presented to Council at the Study Session on April 23,2001 for the Teamsters bargaining unit.
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION:
PULLED [ ] TABLED [ ] APPROVED [ ] DISAPPROVED[ ] AMENDED [ ] DATE:
COUNCIL DIRECTIVE:
11. AGENDA BILL NO.:
(OWR)
2. CLEARANCE COMMENTS:
5. IMPACT OF NON-PASSAGE:
Failure to approve this motion would result in the invalidation of the entire Classification and Compensation Study
for the Teamsters bargaining unit employees, and violate the collective bargaining agreement, specifically, Article
2, section 2.5 wherein the City agreed to conduct a classification study during the term of the agreement.
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES:
7. RESEARCH SOURCES:
based on whole value as compared with other jobs with like duties, responsibilities,
and requirements within the City. Currently 9 out of the 11 cities surveyed use a
job matching method.
B. The Point Factor System
The Point Factor method of valuing jobs has evolved over the last 50 years. In the
1960's the Hays system was introduced that considered four factors in valuing job
content. Those factors quantified job requirements and content through a point
system. As the comparabie worth concept was introduced it was recognized that
additional factors were required to increase the objectivity in the assessment of job
content and value. For example, working conditions were to be considered, e.g.,
outside vcrsus inaidc, safe versus hazardous.
The "comparable worth" concept evolved into the market based point factor system
with 8 to 12 factors considered when assessing the requirements and compensable
work content of a job. The requirement factors are minimum education, experience
and working conditions. Content factors include complexity, impact, number
supervised, internal contacts, external contacts, and public contacts. Each factor
has increasing levels and is .valued higher. Each job is assessed based upon its
requirements and content. This results in a "value" which establishes internal
equity.
Internal equity is how the jobs rank in the eyes of the organization. External
equity is achieved when market survey data is applied to the internal equity value.
This is done, by developing a factor that will place benchmark jobs, (the ones
surveyed) into a salary range that is market competitive.
Benchmark jobs are 15 percent to 20 percent of the total jobs, and are selected to
insure that a good match is probable in the organizations surveyed. Benchmarked
jobs are used for the external survey for the following reasons:
1. Insure a minimum of 80 percent match of job content.
2. The remaining jobs that may be unique or difficult to match can be valued in an
objective way. It is impossible to find valid matches for all jobs in most
organizations.
3. Whenever a job is changed or created, a new external salary survey would have
to be conducted which may not be valid if a good match could not be found.
Compensation Study - Final Report Page 9 City of Bremerton
g8
IlL The Compensation Study Process
The project plan and timeline are outlined in Appendix 1. Typically the process
emphasizes communications and begins with a presentation concerning the process
to a committee. A committee is formed which is facilitated in the evaluating job
content for all jobs. The Committee is provided an initial draft of a process manual
on the Point Factor System that is modified by the Committee to meet the unique
requirements of the organization. The Manual defines the process in detail and was
issued to each committee member as a confidential document. The only element
that is confidential is the precise definition of degrees of each factor. This is to
prevent "gaming" in the development of job descriptions.
The City of Bremerton formed a Classification and Compensation Committee
(CCC), which was involved in the process. It was understood that the CCC would
use the Point Factor system methodology as a method to continue to maintain the
system, conduct appeals, and changed job descriptions.
A. Review of Job Descriptions
The City of Bremerton had recently updated the job descriptions. Prinr/Martech
added information to the job descriptions based upon the interviews. Percentage of
time was added to tasks as well as additions and deletions as requested by the
incumbent.
B. Establish job content factors
The CCC established ten factors with definitions of increasing degrees for
evaluating the job descriptions. One example is the education factor and the
degrees that describe an increasing requirement as follows:
1. Education
Consider the minimum education required to perform the job.
Experience can replace minimum educational requirements if it
demonstrates the ability to accomplish the job. For example that can
be stated as BS in Accounting and 2 years experience in a related field,
or 2 year degree and 4 years of experience in a related field.
1 - High school education and the ability to perform elementary
math, basic writing skills, and speak English at the high school
level.
2 - Specialized training in job skills required.
Compensation Study - Final Report Page 10 City of Bremerton
3 - Two years of college in the technical field required for the
function. Associate degree, certified apprenticeship program,
or special certification such as ICBO.
4 - Four-year degree fi~m an accredited institution.
5 - Four-year degree from an accredited institution with special
training. Special requirements such as CPA, PE, JD, etc.
All factor de£mitions are in Appendix 3 as part of the committee manual.
Once the factors were developed, 8 jobs were evaluated as part of a group learning
exercise for the CCC. Prior/Martech added information from the incumbent
interviews to these 8 jobs. The CCC met on several occasions to score and
compare evaluations to reach an understanding and consistency of' rating. Then
every job description was entered into the system, r~viewed by Prior/Martech and
distributed to each member of the CCC for evaluation. Each member scored all 210
Job descriptions and sent their results to Prior/Martech to be summarized. The
committee met to review the results and resolve anomalies. Once the process was
completed it was recognized that a number of job descriptions needed additional
work and would be part of Phase H, after implementation.
C. Establishing internal equity
Internal equity establishes the "perception" of the organization's value and content
of each job description. The CCC reviews each job description against the factors
considering minimum qualifications and job content. This creates an internal
ranking, the sole purpose of which is to create a consistent method of evaluating job
descriptions as they are changed or new ones are created. This "score" is then
modified by market factors to set the new or changed job description in the correct
salary range.
D. Reconciling internal and external equity
The next step is to integrate the salary survey data with the internal equity as
established by the CCC based upon the approved Job Description.
The salary survey data is used to develop "market factors" to the benchmark jobs to
modify the internal equity score such that the jobs are placed into the appropriate
salary range. The objective is to create a "formula" that would allow the jobs that
were not benchmarked to be placed in the appropriate salary range, but not
necessarily the appropriate step. This "market factor" is applied to a family of jobs
to bring them in line with the market. A "family" is defined as those jobs in the
same discipline such as accounting, engineering, HR and maintenance. The same
Compensation Study - Final Report Page 11 City of Bremerton
"market factor" may apply to such jobs as Information Technology, and Network
Managers because the market is pricing those jobs differently than the job content
(internal equity) may indicate.
Job Families
Job families used for the City of Bremerton Study are:
Table 2
A Administration L Legal
C General Clerical PD Police - enforcement
CD Clerical - Department Head R Recreation
Supt.
"CP Clerical - Police Records SME Service/Maintenance =Electronics
CSU Customer S~'vice - Utilities SI~iF Service/Maintenance-Forestry
D Community Development SMP Service/Maintenance - Parks
'E Engineering SMS Service/Maintenance - Streets
'F Financial & Accounting SMT Service/Maintenance- Transport
FD Fire Department SMU Service/Maintenance - Utilities
FT Financial - Treasurer SMW Service/Malnten~tnce- Water
[HR Human i~esourccs W Waste Water ...
I Information Systems
The integration of internal equity with salary survey data indicated that some jobs
should be considered for new ranges. In other words, by putting a benchmark job in
a range that the survey data said it should be in, then all other similar rated jobs in
that family may be adjusted also. This is covered in the recommendation section.
E. Phase 2 and 3
Based upon preliminary results it was decided to incorporate Phase 2 & 3 for thc
final report. 23 jobs for the Teamster group and 11 job descriptions for the.
management group were routed back to the incumbents and reviewed by their
supervisors because the CCC felt that they were incomplete or had inconsistent
requirements as compared to similar jobs in their class. The CCC then re rated the
new job descriptions.
It was requested that the salary data used for the management positions include all
cities surveyed and Associated Washington Cities data. Additionally, 7 new job
descriptions were added to the benchmark jobs and surveyed. Data from Kitsap
County was included where there were good matches. In the case of the Forestry
Manger we included a private company. After review of the results of Phase 2,
Compensation Study - Final Report Page 12 City of Bremerton
3t
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: Professional Services FOR AGENDA OF: May 16, 2001
Agreement
Amendment - Olsen & ORIGINATING DEPT: Risk Management~
Oleen ORIGINATOR: Pegqy Lesser
DATE SUBMITTED: May 4, 2001
2. CLEARANCES: (comment on back 3. EXHIBITS:
if necessary)
~'L~ )~'" '~"~c'~\~ ~-r-~.~--~ Pro feesional Services
David St. Pierre Agreement - Olsen & Olsen
Bu et
Operations _
MAYOR ~ ~' ~~ COUNCIL PRESIDENT
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ION:
Olsen & Olsen has been providing various legal services to Bremerton
since December, 2000. The City is pleased with the quality and cost of those
services and wants to assign the defense of additional matters to this firm
and to extend the contract for an additional year.
8. RECOMMENDATION:
Motion to approve the amendment to the professional services agreement
with Olsen & Olsen for an additional amount of $30,000 with a total not-to
exceed contract amount of $49,950.
9. RESPONSIBLE OFFICIAL: Executive
ENFORCEMENT OFFICIAL:
EXPIRATION DATE: 12/31/02
REVIEW DATE: 12/31/02
10. NOTICE OF ACTION
COUNCIL DIRECTIVE: DATE:
11. AGENDA BILL NO: ~t- [07
2. CLEARANCE COMMENTS (cont.):
4. SUMMARY STATEMENT (cont.):
5. IMPACT ON NON-PASSAGE:
Overload of City staff resources.
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES
The cost of defending tort actions has been 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 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 II. "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 conditions 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
By: By:
LYNN S. HORTON, Mayor STEVEN L. OLSEN
APPROVED AS TO FORM:
DAVID B. ST. PIERRE
Assistant City Attorney
RECEIVED FOR FILING:
KATHLEEN McCLUSKEY, City Clerk
PROFESSIONAL SERVICES AGREEMENT
OLSEN & OLSEN
The City of Bremerton ("City") and Olsen & 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 houdy
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 adsen, in
whole or in part, 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 adse 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
Attomey, Retained Counsel shall furnish pedodic 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, wdtten or oral, that
have not been set forth in the text of this Agreement.
C. Severability: Should any part of this Agreement be found v~id, 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 I
both Parties.
E. Notices: Notices shall be in wdting and delivered to the following addresses:
Lynn Horton Steven L. Olsen
Mayor Olsen & Olsen
239 Fourth Street 316 Edcksen 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 dght or power arising out of this Agreement shall not
be deemed waiver of any other dght or power.
G..Compliance with Laws: Retained Counsel shal~ 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 adsing out of this
Agreement shall be brought in Kitsap County Supedor Court.
I. Attomeys' Fees: The substantially prevailing Party in any litigation adsing out of this
Agreement shall be entitled to its reasonable attomeys' 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 odgin, sex, religion, age, madtal
status, or disability, except for employment actions based on bona fide occupational
qualification.
CITY OF BREMERTON OLSEN & OLSEN
B~;: Lynn S. Horton, Mayor /J E~y: ~ ~ ,.,_ ,.-, (D t <~ ~ ~
OLSEN & OLSEN
12/8/00 - Page 2
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: Professional Services Agreement FOR AGENDA: May 16, 2001
for Foster Pepper Lawsuit Support ORIGINATING DEPT: City Council
ORIGINATOR: Council President
DATE SUBMITTED: May 11, 2001
2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS:
Proposed Professional Services Agreement
* COUNCIL OPERATIONS COMMITTEE
*THIS ITEl'l WAS DISCUSSED AT THE STUDY SESSION
ON ~IAY 9, 2001
* FISCAL & BUDGET COMMITTEE
ENDORSEMENT [~ INFORMATION
APPROVED FOR SUBMITTAL:
-.~, MAYOR
COUNCIL PRESIDE
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
On March 14, 2001, the Mayor and City Council entered into a Settlement Agreement which provided
that the Mayor approved the delegation of the City Attorney's direction over outside counsel in the
City's litigation against the Foster Pepper & Shefelman lawfirm.
Approriate legal support would also be provided by Ms. Malanca to outside counsel to save
attorneys fees. The City Council must now determine if the City Council will enter into the
Agreement.
5. RECOMMENDATION:
1Approve the Professional Services Agreement with Glenna Malanca, former City Attorney and fund the
Agreement through 2001.
2Approve the attached budget adjustment to fund the Professional Services Agreement through 2001.
6. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
7. NOTICE OF ACTION:
PULLED[--] TABLED[--] APPROVED[--] DISAPPROVED[--] AMEND;, ~qlffil~
COUNCIL DIRECTIVE:
8. AGENDA BILL NO' 0( - I 0~
3'7
9. IMPACT OF NON-PASSAGE:
Failure to enter into this Professional Services Agreement can jeopardize the prosecution of the City's case.
10. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES:
Savings will occur by use of Mr. Malanca at $75 per hour that would have to be performed by outside counsel
at a much higher hourly rate.
11. RESEARCH SOURCES:
3g
PROFESSIONAL SERVICES AGREEMENT
GLENNA L. MALANCA
The City of Bremerton ("City") and Glenna L. Malanca ("Retained Counsel"), referred to
collectively as the "Parties," enter into the following Agreement for professional services:
I. Scope: The Retained Counsel will perform the services of oversight and support of the
outside counsel retained by the City in City_ of Bremerton v. Foster Pepper & Shefelman, filed in
Kitsap County Superior Court. Retained Counsel is specifically delegated the direction and
control of outside counsel in this matter that is provided to the City Attorney under the terms of
the City Charter. This delegation is provided in the March 14, 2001 Settlement Agreement
between the Mayor and City Council. Retained Counsel will work under the direction of the
City Council and in coordination with the Director of Public Works & Utilities.
II. Term: This Agreement commences on May 10, 2001 and terminates on December 31,
2001.
III. Compensation: In consideration of the services provided pursuant to this Agreement, the
City shall pay Retained Counsel an hourly rate of $75 per hour in an amount not to exceed
$10,000, dollars. Upon written request of the Director of Public Works & Utilities, and approval
of the Council President and copied to the City Council, this amount may be increased up to
$20,000. Appropriate costs incurred by Retained Counsel shall be reimbursed. Mileage shall be
paid at the rate provided to City employees.
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 part, out of or in consequence of the acts or failures to act of Retained Counsel. 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.
VI. General Conditions:
A. Reports and Information: When requested by the City Council or Director of
Public Works & Utilities, Retained Counsel shall furnish periodic reports and documents on
Professional Services Agreement
Glenna L. Malanca
Page 1 of 3
matters covered by this Agreement. The reports and documents shall be furnished in the time
and form requested.
B. Litigation: The parties recognize that Retained Counsel will be supporting and
supervising outside counsel in furtherance of current litigation. The parties therefore recognize
the need for confidentiality regarding the dissemination of information relating to the City's
strategies and positions taken relating to the litigation. Unless the Council directs otherwise,
communications to the press and other media relating to the City's litigation against the Foster
Pepper & Shefelman law firm should be restricted to the Director of Public Works & Utilities,
Retained Counsel and outside counsel. Retained Counsel assumes the responsibility of the City
Attorney as provided in the City Charter in her involvement and oversight of outside counsel in
this matter.
C. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement
between the Parties, and the Parties acknowledge that there are no other agreements, written or
oral, that have not been set forth in the text of this Agreement.
D. Severability: Should any part of this Agreement be found void, the balance of the
Agreement shall remain in full force and effect.
E. Modification: This Agreement may only be modified by written instrument signed by
both Parties.
F. Notices: Notices shall be in writing and delivered, or confirmed facsimiles, to the
following addresses:
City Address Retained Counsel Address
Gene Sampley Glenna L. Malanca
Director of Public Works & Utilities 8915 N. Harborview Dr. # 101
3027 Olympus Drive Henington Place Condominiums
Bremerton, Washington 98310 Gig Harbor, Washington 98332
FAX: (360) 478-5018 FAX: (253) 858-7782
G. 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.
H. Compliance with Laws: Retained Counsel shall comply with all applicable Federal,
State, and local laws in performing its obligations under this Agreement.
I. 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.
J. 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.
VII. 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.
Professional Services Agreement
Glenna L. Malanca
Page 2 of 3
GLENNA L. MALANCA
Glenna L. Malanca date
CITY OF BREMERTON
JOHN LAW, Council President date
Departmental Approval
GENE SAMPLEY, Director
Public Works & Utilities
Approved as to form:
David B. St. Pierre
Assistant City Attorney
Received for Filing:
Kathleen McCluskey, City Clerk
Professional Services Agreement
Glenna L. Malanca
Page 3 of 3
PUBLIC WORKS AND UTILITIES
3027 Olympus Drive · Bremerton, WA 98310-4799 · (360) 478-5318 · FAX (360) 478-5018
May 16, 2001
Glenna L. Malanca
8915 N. Harborview Dr. #101
Henington Place Condominiums
Gig Harbor, Wa. 98332
Subject: Agreement for Retained Counsel
Dear Glenna:
The City of Bremerton ("City") requests your legal professional services as Retained
Counsel as set forth in this letter agreement (Agreement) as follows:
I. Scope: Under the direction of the City of Bremerton Director of Public Works and
Utilities (Director), the Retained Counsel will perform the services of oversight and support of
the outside counsel retained by the City in City of Bremerton v. Foster Pepper & Shefelman,
filed in Kitsap County Superior Court. If additional services are requested by the City and
accepted by Retained Counsel, such services shall be in writing.
Il. Term: This Agreement is effective as of May 10, 2001 and terminates on December 31,
2001, unless modified in writing.
1II. Compensation: In consideration of the services provided pursuant to this Agreement, the
City shall pay Retained Counsel an hourly rate of $75 in an amount not to exceed Ten Thousand
dollars ($10,000.00). If requested by the Director, and agreed by Retained Counsel, this amount
may be increased to Twenty Thousand Dollars ($20,000) subject to entering into a formal
Professional Services Agreement approved by the City. Appropriate costs incurred by Retained
Counsel and approved by the Director shall be reimbursed. Mileage shall be paid at the rate
provided to city employees.
The Retained Counsel shall submit regular billing statements describing services
rendered and the amount charged for each service. Upon receipt of a conforming billing
statement, the City shall promptly process payment. Retained Counsel shall maintain accounting
records to substantiate all billed amounts.
IV. Insurance and ltold ltarmless: Retained Counsel shall provide a Certificate of
Insurance to the City's Risk Manager verifying the following coverage: 1) Professional liability
policy ("E&O") providing coverage of $500,000 for errors and omissions committed by
Retained Counsel while performing its obligations under this Agreement. The policy 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
Equal Opportunity Employer
coverage of either policy. The City shall reimburse Retained Counsel in an amount not to exceed
Five Thousand Dollars ($5,000.00) for purchase of the E&O coverage upon receipt of an invoice
verifying price.
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 part, 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 arises from the acts or failures to act of the City.
V. General Conditions:
A. Reports and Information: When requested by' the Director, 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 by the Director.
VI. Termination: This Agreement may be terminated, at will, by either Party upon 30 days'
notice to the other Party. This Agreement may be immediately terminated for cause by a Party if
the other Party substantially fails to perform through no fault of the terminating Party, and the
non-performing Party does not commence correction of the failure of performance within five
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 of their
stage of completion or preparation format, of all items listed in the Scope of Work current
through the termination date.
If the above agreement is acceptable, please sign both copies and return one copy for my files.
Thank you. I look forward to working with you on this matter.
City Glenna Malanca
W. Eugene Sampley, Director Glenna Malanca, Attorney
Public Works & Utilities Retained Counsel