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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