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4960
PARAMETRIX
Forensic Study related to Nolf vs. Bremerton
Legal
LEG 12-1
9/13/2010
9/12/2011
6/2/2011
Comments: Mark Koontz re Superior Court Cause No. 08-2-01281-8
PROFESSI01�1AI. SERV�CES t��R��l�El�'�' ��'�'WEEI�1 '�"I�E
CI'TY O� �REIl�IER'T�I� Al�T� Pt��l��T�X
The City of Bremerton ("City") and Parametrix ("Consultant"), referred to collectively as
the "Parties," enter into the following Agreement for professional services:
I. Scope: The Consultant agrees to analyze the issues and conduct a forensic study related
to the claims in Nolf v. Bremerton, Kitsap County Superior Court Cause No. 08-2-01281-8 and
provide testimony by declaration, at deposition, and at trial, if necessary.
II. 'I'erm: The City and the Consultant agree that work has already begun. Either party may
terminate this agreement on reasonable notice to the other party.
III. Compensation: In consideration of the services provided pursuant to this Agreement, the
City shall pay Consultant 1) an hourly fee of a 3.1 multiplier with a cap of $150 per hour for
Consultant's analysis, forensic study, conferences with the City and any other work that is not
considered deposition or trial testimony and 2) an hourly fee of $250 for Consultant's deposition
and trial testimony.
IV. Relationship of Parties: Consultant and the City agree that Consultant shall be the lead
Engineer, responsible for all findings, conclusions and opinion as well as testimony at deposition
and trial, if necessary. Consultant is an engineering consultant of the City for the purposes of
preparing for litigation in the above-named lawsuit. The communication among employees of
Consultant and the communication between Consultant and the City are confidential and
nondiscoverable under the attorney work product doctrine and Washington law until such time as
the City's attorneys disclose Consultant as an expert witness. Consultant shall not disclose any
findings, conclusions or opinions to anyone other than the City's attorneys unless authorized by
the City's attorneys. The City may, during the term of this Agreement, engage other independent
Consultants to perform the same or similar work.
CITY OF BREMERTON
�
Mark oontz, Asst City Attorney
CONSULTANT
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Brian E. Bunker, Principal
Date: �'�I; ��a
Date: S���a.,. 6�� 13� d �t b'
Bremerton/Jeff Coop