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Home My WebLink About1 - Original Submission_ RE_ 220128 - PSA Phase I - LEGALFrom:Mychael Raya To:Milenka Hawkins-Bates Cc:Stephanie Olson Subject:RE: 220128 - Forestry and Research PSAs for Utility and Forestry Management Plan Update - Phase I Date:Tuesday, April 19, 2022 9:52:58 AM Attachments:image004.pngimage005.png Milenka, Thanks for sending this and following up with me on Friday. I agree that the approach of entering into direct negotiations for these services is acceptable under these circumstances. I believe that BMC 2.76.060 authorizes that course of action: 2.76.060 PROFESSIONAL AND CONSULTANT CONTRACTS. This section shall apply to professional and/or technical service consultant contracts in which the City enters into an agreement to purchase consultant services for City government from a corporation, firm, agency, individual, or group of individuals based on their recognized experience and knowledge within a specialized area of expertise. Contracts for professional and consultant services are not required to follow the purchasing requirements set forth in BMC 2.76.040, but may be entered into through direct negotiations. (Ord. 4934 §3 (part), 2005) One concern I do have, however, is that you indicate that for phase 1, there will be two separate PSAs – one with the forester and one with the research institute. Will the total amount of those two PSAs exceed $25k? If they do, I’m just wondering maybe this should then go to Council for review? I understand that both individually may be less than $25k, but since it seems that they are essentially for the same project and the scope of work may be substantially similar, that they may be so related that Council review would be appropriate. Let me know your thoughts on that. Otherwise, the PSA that you sent looks good to me. And again, the preference would be that the indemnification language remain as our standard language. Thanks, Mychael From: Milenka Hawkins-Bates <Milenka.Hawkins-Bates@ci.bremerton.wa.us> Sent: Friday, April 15, 2022 3:07 PM To: Mychael Raya <Mychael.Raya@ci.bremerton.wa.us> Cc: Stephanie Olson <Stephanie.Olson@ci.bremerton.wa.us> Subject: RE: 220128 - Forestry and Research PSAs for Utility and Forestry Management Plan Update - Phase I See attached, I am still waiting for Exhibit B Terms, will add that as soon as I receive. Attached is a combined PSA (PDF) then the Word PSA if needed. Items I changed are highlighted in yellow. DocuSign Envelope ID: 5E994284-8BD6-4E8D-AA8A-F86DE02DEEF9 Thank you, Milenka From: Mychael Raya <Mychael.Raya@ci.bremerton.wa.us> Sent: Friday, April 15, 2022 2:40 PM To: Milenka Hawkins-Bates <Milenka.Hawkins-Bates@ci.bremerton.wa.us> Cc: Stephanie Olson <Stephanie.Olson@ci.bremerton.wa.us> Subject: RE: 220128 - Forestry and Research PSAs for Utility and Forestry Management Plan Update - Phase I Sounds good. Thank you. From: Milenka Hawkins-Bates <Milenka.Hawkins-Bates@ci.bremerton.wa.us> Sent: Friday, April 15, 2022 1:56 PM To: Mychael Raya <Mychael.Raya@ci.bremerton.wa.us> Cc: Stephanie Olson <Stephanie.Olson@ci.bremerton.wa.us> Subject: RE: 220128 - Forestry and Research PSAs for Utility and Forestry Management Plan Update - Phase I I have their scope and am waiting for the term of project. I will update and send back. Thank you, Milenka From: Mychael Raya <Mychael.Raya@ci.bremerton.wa.us> Sent: Friday, April 15, 2022 1:24 PM To: Milenka Hawkins-Bates <Milenka.Hawkins-Bates@ci.bremerton.wa.us> Cc: Stephanie Olson <Stephanie.Olson@ci.bremerton.wa.us> Subject: RE: 220128 - Forestry and Research PSAs for Utility and Forestry Management Plan Update - Phase I Hi Milenka, I think it might make more sense to review these once they are fully filled out (i.e. costs, scope of work, place of work, etc). Otherwise there’s really nothing to review because it’s just essentially our template, which is already approved. Also, my preference would be to not strike out the word “sole” in our indemnification language. Once the PSAs are fully completed I can review it in light of that, but I just generally don’t think it’s a good idea to modify our indemnification language. Let me know your thoughts. Thanks, Mychael Mychael Raya DocuSign Envelope ID: 5E994284-8BD6-4E8D-AA8A-F86DE02DEEF9 Assistant City AttorneyCity of Bremerton 345 6th Street, Suite 100Bremerton, WA 98337360-473-2345 From: Stephanie Olson <Stephanie.Olson@ci.bremerton.wa.us> Sent: Wednesday, April 13, 2022 1:09 PM To: Mychael Raya <Mychael.Raya@ci.bremerton.wa.us> Subject: FW: 220128 - Forestry and Research PSAs for Utility and Forestry Management Plan Update - Phase I Importance: High Brett didn’t have time to review this one and asked that I reassign it to you now that you are back. The consultant PW&U has selected is requesting to make the following change to the Indemnification section (striking out the word “sole”): Stephanie Olson Legal Assistant City Attorney’s Office (360) 473-2345 stephanie.olson@ci.bremerton.wa.us From: Stephanie Olson Sent: Thursday, March 31, 2022 3:16 PM To: Brett Jette <Brett.Jette@ci.bremerton.wa.us> Subject: 220128 - Forestry and Research PSAs for Utility and Forestry Management Plan Update - Phase I Importance: High Hi Brett, Milenka is hoping you will be able to look at these two template PSAs during the week of 4/4-4/8. Mychael doesn’t have time to review before he goes on vacation. I let her know they may have to wait until he is back on 4/11, depending on how next week goes for you. DocuSign Envelope ID: 5E994284-8BD6-4E8D-AA8A-F86DE02DEEF9 Let me know if you don’t have time and I will reassign them to Mychael when he returns. Thanks, Stephanie Olson Legal Assistant City Attorney’s Office (360) 473-2345 stephanie.olson@ci.bremerton.wa.us From: Milenka Hawkins-Bates <Milenka.Hawkins-Bates@ci.bremerton.wa.us> Sent: Thursday, March 31, 2022 1:31 PM To: Stephanie Olson <Stephanie.Olson@ci.bremerton.wa.us> Cc: Vanessa Acierto <Vanessa.Acierto@ci.bremerton.wa.us>; Cami Apfelbeck <Cami.Apfelbeck@ci.bremerton.wa.us>; Melinda Monroe <Melinda.Monroe@ci.bremerton.wa.us> Subject: Forestry PSA for Utility and Forestry Management Plan Update - Phase I Importance: High Hi Stephanie, Please review the attached. Forestry is updating the Utility and Forestry Land Management Plan, there was an extensive plan prepared in 1996 with an update performed in 2006, and a couple of other targeted plans performed in 2016 and 2019. The time has come to complete a comprehensive plan similar to the 1996 effort. In the past this effort has had a Forestry Consultant team as well as a research team such as U of W to complete the plan with cutting edge science, along with staff assistance. This project will have two phases and we will be selecting the consultant through direct negotiation verses putting this out to bid since it is extremely technical and crucial that we have up to date science for the plan. Phase 1 – We will enter into direct negotiations with a selected team of Forestry consultant and research institution to refine the plan update scope of work, schedule, and cost – so there will be two preliminary PSA contracts one with the Forester and one with the research institute. Phase 2 – Use the deliverable from Phase 1 work to create Phase 2 scope of work, schedule, and cost. There will be two new PSA’s (with same team) to cover that work. Thank you, Milenka Hawkins-Bates Forestry Division 360-535-0880 cell Milenka.hawkins-bates@ci.bremerton.wa.us DocuSign Envelope ID: 5E994284-8BD6-4E8D-AA8A-F86DE02DEEF9 DocuSign Envelope ID: 5E994284-8BD6-4E8D-AA8A-F86DE02DEEF9