02/26/1988 - Special - MinutesPort Orchard, Washington
February 26, 1988
Council of the City of Port Orchard, Washington, called to
Special Session by Mayor Weatherill at 7:30 P.M.
Mayor Weatherill explained the purpose of this Special Meeting
is to discuss the proposed KMB Associates Agreement for
Consulting Services to administer, score and compile results
of a Police Front Line Supervisors examination as negiotated
by the Police Civil Service Commission.
Councilmembers present: Clauson, Wilson, Childress, Powers
and Grable. Staff present: Police Chief Mathews, City
Attorney McCluskey,and City Clerk Hower.
At the request of Mayor Weatherill, City Attorney McCluskey
reviewed purpose of proposed KMB Associates consulting
services Agreement.
Councilman Wilson questioned Section 5 (B) and (E) of proposed
consulting services agreement. Attorney McCluskey addressed
items B and E as follows
Section 5(B) should be in the contract because it
defines KMB Associates as an independent contractor and
not an agent or employee.
Section 5(E) should be considered carefully. The second
sentence sets limits of liability/disclaimer of warranty
to only amount of contract.
Civil Service Commission Secretary/Chief Examiner Art Mikelsen
addressed Section 5(E) and provided information on other
consulting service contracts and cited the language on limits
of liability/disclaimer of warranty as "standard language" for
a testing service contract. Mr. Mikelsen also stated past
contracts on employment testing with KMB Associates has
contained the same limit of liability clause.
Councilman Clauson asked for clarification as to the powers of
the Civil Service Commission. Attorney McCluskey stated
Commission powers relevant to employee testing include: give
practical tests which relate to duties of specific positions
within the Police Department; formulate and hold competitive
examinations to determine the relative qualifications of
persons who seek employement in any class or position and
establish an eligibility list. However, the Civil Service
Commission can not sign contracts or obligate the City.
Al Mares, Civil Service Commissioner informed Council the
Police Commisiion reviewed many tests and all testing
consultant contracts contain limited liability language.
Art mikelson stated KMB Associates have consulting service
contracts with numerous municipal, county and private sector
agencies. Mr. Mikelson outlined areas covered in the test and
the validity of KMB tests.
Councilman Clauson requested a policy be established that all
contracts be presented to the City Attorney for review and
comment before the contract is placed on the council's agenda.
After much discussion on facts presented Mayor Weatherill
announced he would sign KMB Associate Consulting Service
Agreement and requested Council to affirm his action at the
next regular Council meeting March 14, 1988.
Special meeting adjourned at 8:25 PM
CLERK MAYOR