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+ Contract Number 4089
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. .Vendor Name
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=.Status Code
STRICKLER & ASSOCIATES
LABOR NEGOTIATIONS
HUMAN RESOURCES
PRO
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Insurance
Type Amount
Amount
Begin Date
End Date
Review Date
$30000.00 -.-
06/01/2000 +
12/31/2002
02/15/2005 -,"
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$0.00 -(
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Insurance Total
Insurance Review Date
Comments
HOLD HARMLESS END DATE AMENDED 2/8/01 & 1/4/02
VAULT 01/01/2005
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+ Contract Number 4089 +
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+Vendor Name
+Subject
+Department
+Status Code
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Insurance
Type Amount
Amount
Begin Date
End Date
Review Date
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$30000.00 +
06/01/2000 +
12/31/2002 +
02/15/2005 +
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$0.00 +
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STRICKLER & ASSOCIATES
LABOR NEGOTIATIONS
HUMAN RESOURCES
PRO
Insurance Total
Insurance Review Date
Comments
HOLD HARMLESS END DATE AMENDED 2/8/01 & 1/4/02
VAULT 01/01/2005
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PROFESSIONAL SERVICES AGREEMENT
Labor Negotiations Consultant
Addendum To Contract
The City of Bremerton ("City") and Strickler & Associates ("Contractor") referred to
collectively as the "Parties", enter into the following Addendum to Agreement for professional
services:
Whereas, the Parties desire to extend the Agreement for an additional twelve (12)
months;
The Parties agree as follows:
Section IL Term: The term of this Agreement shall be extended from December 31, 2001 to
December 31, 2002.
Section II: Compensation: Compensation is amended to read:
This Agreement shall not exceed an additional Twenty-Seven Thousand Five Hundred
Dollars ($27,500.00) for a new total not to exceed Fifty-Seven Thousand Five Hundred Dollars
($57,500). The Parties agree that all provisions of the original Agreement which are not in
conflict with this Addendum to Contract shall remain in full force and effect.
CITY OF BREMERTON STRICKLER AND ASSOCIATES
Dat: - - Date: .~.e,~-. 2.6, ~..~01
LYN24 S. iiC, RTGN; Mayor HOWARD STRICKLER, Contractor
DEPARTMENTAL APPROVAL:
C^ROL S. C'ONLE¥, Manager
HUMAN RESOURCES
PROFESSIONAL SERVICES AGREEMENT
Labor Negotiations Consultant
Addendum To Contract
The City of Bremerton ("City") and Strickler & Associates ("Contractor"), referred to
collectively as the "Parties", enter into the following Addendum to Agreement for professional
services:
Whereas, the Parties desire to extend the Agreement for an additional twelve (12)
months;
The Parties agree as follows:
Section II. Term: The term of this Agreement shall be extended from December 31, 2000 to
December 31, 2001.
Section H: Compensation: Compensation is amended to read:
This Agreement shall not exceed an additional Twelve Thousand Five Hundred Dollars
($12,500.00) for a new total not to exceed Thirty Thousand Dollars ($30,000).
The Partie~ agree that all provisions of the original Agreement which are not in conflict
with this Addendum to Contract shall remain in full force and effect.
CITY OF BREMERTON STRICKLER AND ASSOCIATES
Date: o7- q- OI Date: .7 - ~ ~ ~3/
LYNN S. HORTON, Mayor HOWARD STRI~KLER, Contractor
DEPARTMENTAL APPROVAL:
CAROL S. CONL~Y, Manag~
HUMAN RESOURCES
APPROVED AS TO FORM:
DAVID ST. PIERRE, Assistant City Attorney
PROFESSIONAL SERVICES AGREEMENT
Labor Negotiations Consultant
Thc City of Bremerton ("City") and Strickler & Associates ("Contractor"), referred to
collectively as the "Parties," enter into thc following Agreement for professional services:
I. Scope: Thc Contractor will perform the services set out in thc Scope of Work, which is
attached as Exhibit A and incorporated by reference. Thc Scope of Work may bc modified only
pursuant to Section VI. D. of this Agreement. If thc Scope of Work provides for unspecified
additional services the City may request, such services shall only be performed upon the express,
written request of thc City.
II. Term: This Agreement commences on June 1, 2000 and terminates on December 31,
2000, unless another date is substituted pursuant to Sections VI. D. or VIII.
III. Compensation: In consideration of thc services provided pursuant to this Agreement, thc
City shall pay Contractor in an amount not to exceed seventeen thousand five hundred dollars
($17,500.00). Contractor's charges and bills shall conform to thc fcc schedule attached and
incorporated herein by this reference.
Thc Contractor shall submit regular billing statements describing services rendered and
thc amount charged for each service. Thc descriptions shall conform to and fall within the
categories set out in thc Scope of Work. Upon receipt of a conforming billing statement, the
City shall promptly process payment.
Contractor shall not perform work beyond thc Scope of Work, nor shall bc compensated
for such work, unless thc Scope of Work or amount of compensation is modified pursuant to this
Agreement. Additional services shall bc compensated for only if requested pursuant to Section I
and shall be compensated as set out in thc request or, if thc request docs not so provide, as set out
in thc attached fcc schedule.
If a billing statement docs not conform to this Agreement, the City may withhold
payment until the statement is brought into compliance. Such withholding docs not relieve
Contractor of its obligations under this Agreement.
IV. Relationship of Parties: Contractor is skilled in thc matters addressed in the Scope of
Work and is performing independent functions and responsibilities within its field of expertise.
Contractor and its personnel arc independent contractors and not employees of thc City.
Contractor and its personnel have no authority to bind the City or to control the City's employees
and other contractors.
Bremerton/Strickler & Associates
Labor Negotiations
Page 1 of 4
As an independent contractor, Contractor is responsible for its own management. The
City's administration and enforcement of this Agreement shall not be deemed an exercise of
managerial control over Contractor or its personnel.
As an independent contractor, Contractor is responsible for payment of all taxes and
licensing fees necessary to perform its obligations under this Agreement. These taxes and fees
include but are not limited to State industrial insurance, B&O, State professional licensing, and
City business licensing. If any taxes or fees due the City have been declared delinquent, the City
may withhold the delinquent amount, plus any additional charges arising from the delinquency,
from any payments due Contractor.
V. Hold Harmless: Each party shall be solely responsible for its acts and failures to act that
arise in any way out of performance of this Agreement. Each party agrees to defend, indemnify,
and hold harmless the other party from and against all liability, loss, damages, and expenses,
including costs and attomeys' fees, resulting fi:om 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 related to
the performance of this Agreement.
VI. General Conditions:
A. Renorts and Information: When requested by the City, Contractor 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. Contractor shall maintain
accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to
substantiate all billed amounts.
B. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement
between the Parties, and the Parties acknowledge that there are no other agreements, written or
oral, that have not been set forth in the text of this Agreement.
C. Severabilitv: Should any part of this Agreement be found void, the balance of the
Agreement shall remain in full force and effect.
D. Modification: This Agreement may only be modified by written instrument signed by
both Parties.
.E. Notices: Notices shall be in writing and delivered to the following addresses:
City Address: Contractor Address:
239 - 4~h Street 2865 Mt. Rainier Drive S.
Bremerton, WA 98337 Seattle, WA 98144
Bremerton/Strickler & Associates
Labor Negotiations
Page 2 of 4
F. Waiver: Failure to enfome any provision of this Agreement shall not be deemed a
waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be
deemed waiver of any other right or power.
G. Compliance with Laws: Contractor shall comply with all applicable Federal, State,
and local laws in performing its obligations under this Agreement.
H. Choice of Law and Venue: This Agreement shall be interpreted according to the laws
of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement
shall be brought in Kitsap County Superior Court.
L 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: Contractor shall not discriminate in employment or services to the
public on the basis of race, color, national origin, sex, religion, age, marital status, or disability,
except for employment actions based on bona fide occupational qualification.
VIII. Termination: This Agreement may be terminated, at will, by 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.
CITY OF BREMERTON CONTRACTOR
its: ~ its:
DEPARTMENTAL APPROVAL:
Bremerton/Strickler & Associates
Labor Negotiations
Page 3 of 4
APPROVED AS TO FORM:
' GLENNA MALANCA, City Attorney
RECEIVED FOR FILING:
KATHLEEN L. McCLUSKEY, ~2ity Clerk
Bremerton/Strickler & Associates
Labor Negotiations
Page 4 of 4
EXHIBIT "A"
SCOPE OF WORK
Strickler & Associates, hereinafter referred to as "CONSULTANT", 2865 Mt. Rainier
Drive S., Seattle, WA 98144, a consulting finn, will provide labor relations services to
the City of Bremerton, hereinafter referred to as "CITY", and negotiate labor contracts
with Teamster and Police Guild bargaining units of CITY employees.
The CITY and the CONSULTANT agree to the following scope of services, to the extent
which the CITY may require such services:
1. CONSULTANT will review and suggest solutions regarding collective bargaining
agreement provisions, in light of the CITY budget and operational needs and industry
trends.
2. CONSULTANT will meet with and advise the City Council, Mayor,
representatives of the City of Bremerton Human Resources Department and certain other
individuals, as required and requested by the CITY, regarding labor policy and the status
of negotiations.
3. Under the direction of the CITY and/or its designee(s), CONSULTANT shall
represent the CITY in negotiations, mediation, and interest arbitration (for Police) as may
be required and requested, in establishing new labor agreement(s) with the unions.
4. CONSULTANT shall be compensated for such professional services under this
agreement at the rate of ninety dollars ($90.00) per hour, except CONSULTANT will
only bill client for time in transit to Bremerton (but not time in return) from Seattle.
5. CONSULTANT will be reimbursed for direct expenses incurred in the
performance of this Agreement, including per mile automobile travel expenses at the rate
set by the IRS, ferry fares, long distance phone charges, FAX and photocopy expenses
incurred in doing CITY business.
6. Each party shall be responsible for any damages, losses, costs and penalties arising
out of, in connection with, or incident to the work under this Agreement and caused by
the neghgence of such party.
7. CONSULTANT shall possess a current Bremerton Business License and any
regulatory license required to fulfill its obhgation under this Agreement. B&O taxes
shall be paid when due and CONSULTANT, by this Agreement, assigns any payments
due under this Agreement to the City Clerk for payment of such taxes, which have been
declared delinquent.
8. This Agreement may be terminated by either party upon thirty (30) days written
notice.
9. The CITY agrees to pay the CONSULTANT upon appropriate monthly billings.
This Agreement shall remain in effect through December 31, 2000.
DATED this day of ., 2000.
Strickler & Associates City of Bremerton, Washington
Howard Strickler ' Ly}n~.~orton, Mayor
Strickler & Associates