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HomeMy WebLinkAbout4582 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: I Review Date: Vault Date: Comments: 4582 BREMERTON HOUSING AUTHORITY Security - Supplemental Law Enforcement Services Police LEG 12-1 11/01/2006 09/20/2007 02/15/2009 01/01/2009 CONTRACT FOR SUPPLEMENTAL POLICE SERVICES The Housing Authority of the City of Bremerton ("BHA") and the City of Bremerton ("City"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The City agrees to perform the services more specifically described in the Scope of Work, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section IX.E. of this Agreement. If BRA desires services not specified in the Srope of Work, then the parties, by written agreement signed by both parties, may add the additional services to the Scope of Work, and adjust the compensation, if appropriate. II. Term: This Agreement commences on November 1, 2006, and terminates on September 30, 2007 unless another date is substituted pursuant to Section IX.E. or the agreement is terminated earlier pursuant to Section VIII. III. Compensation: In consideration of the services provided pursuant to this Agreement, BRA shall pay the City an amount not to exceed $107,493.03 for the term of this agreement as set out in Exhibit B. A. Additionally, BHA shall pay City up to an additional $10,400.00 for extended supplemental services at The Firs apartments as outlined in Exhibit A subsection 4 under the Section oflllustrative Tasks in the Scope of Work. This money shall not be limited by the amount in the preceding paragraph. City shall submit monthly billing statements. Upon receipt of a conforming monthly billing statement, the BHA shall promptly process payment. City shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. City shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be adjusted, if appropriate, and specified by letter agreement signed by both parties. If a billing statement does not conform to this Agreement, BHA may withhold payment until the statement is reconciled. Such withholding does not relieve City of its obligations under this Agreement. IV. Relationship of Parties: City represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. City and its personnel are independent contractors and not employees of. BHA. City and its personnel have no authority to bind the BHA or to control the BHA's employees and other Consultants. None of the benefits provided by BHA to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from BHA to the employees, agents, representatives, or sub-Consultants of the City. City will be solely and Page 1 of9 entirely responsible for its acts and for the acts of City's agents, employees, representatives, and sub-Consultants during the performance of this Agreement. BRA shall have the right, with reasonable cause, to request that a different officer be assigned to perform the duties outlined in the scope of work. Reasonable cause shall include the failure to provide the level of service BRA reasonably expects on all categories in the Scope of Work. As an independent Contractor, City is responsible for its own management. The BRA's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over City or its personnel. As an independent contractor, City 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, Business & Occupation, State professional licensing, and City business licensing. Failure of the contractor to fully comply with tax and licensing requirements will be considered a material breach of contract and at the option of BRA will be cause for such action as may be available by law including termination of the contract. v. Indemnification: BRA shall protect, defend, indemnify, and hold harmless the City, its officers, officials, employees, and agents, from any and all claims, demands, suits, penalties, losses, damages, judgments, attorneys' fees, and/or costs of any kind whatsoever, arising out of or in any way resulting from acts or omissions of the BRA, its officers, employees, agents, and/or subcontractors in relation to the performance of this agreement. The City shall protect, defend, indemnify, and hold harmless BRA, its officers, officials, employees, and agents, from any and all claims, demands, suits, penalties, losses, damages, judgments, attorneys' fees, and/or costs of any kind whatsoever, arising out of or in any way resulting from acts or omissions of the City, its officers, employees, agents, and/or subcontractors in relation to the performance ofthis agreement. Except for damages caused by the sole negligence of the City, BRA's obligation under this section shall include, but not be limited to, the duty to promptly accept tenders of defense and provide defense to the City at BRA's expense. VI. Insurance: Prior to the commencement date of this Agreement, City shall provide Certificates of Insurance to the BRA's Risk Manager verifying the following coverage: I) a professional liability policy ("E&O") providing coverage of $2,000,000 per occurrence for errors and omissions committed by City while performing its obligations under this Agreement, and 2) a comprehensive general liability ("CGL") policy providing coverage of at least $2,000,000 per occurrence and including bodily injury and property damage. Both policies 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 coverage of either policy, Page 2 of9 VII. Nondiscrimination: City 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 sixty (60) 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 thirty (30) days ofthe terminating Party's sending notice to the non-performing Party. Notice by BHA shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If BHA receives reimbursement by any federal, state, or other source for work described in Section I herein, and'that funding is withdrawn, reduced or limited in any way, or the project is canceled or substantially reduced after the execution date of this Agreement and prior to the completion of-the work, BHA may summarily terminate this Agreement. Termination, pursuant to this paragraph, shall be effective ten calendar days after City's receipt of the written notice by certified mail. A. Excusable Delays: The right of City to proceed shall not be terminated nor shall City be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of BHA, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the City, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the City must promptly notify BHA within ten (10) calendar days in writing of the cause of the delay. B. Rights Upon Termination: In the event of termination, BHA shall pay for all services performed by the City to the effective date of termination, as described on a final invoice submitted to BHA. IX. General Conditions: A. RelJorts and Information: When requested by BHA, City 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. City shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Work Performed at City's Risk: City shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at City's own risk, and City shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. Page 3 of9 C. Place of Work: It is recognized that the majority of work is conducted throughout the Westpark community, including the Firs Apartments. There will be times that the Westpark officer may be required to respond to Priority one and/or priority two calls outside the Westpark community when the safety or welfare of police officers or citizens is of concern. It is recognized that the Westpark Officer leaves the Westpark community to conduct follow-up investigations on crimes that occur in Westpark or involve Westpark residents. The Westpark Officer is required to file all police reports into the department's Record Management System (RMS) as directed by Bremerton Police Department Policy. 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. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1 st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. BHA: Bremerton Housing Authority 345 6th Street, Suite 200 Bremerton, WA 98337 City: City of Bremerton Police Department 239 Fourth Street Bremerton, WA'98337 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. Non-Waiver of Breach: The failure ofBHA to insist upon strlctperformance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or mote instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. 1. Compliance with Laws: City shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. J. 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. K. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. Page 4 of9 L. Assignment: Any assignment of this agreement by City without the written consent of BHA shall be void. M. 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. HOUSING AUTHORITY OF THE CITY OF BREMERTON CITY OF BREMERTON By: its: Date: ~--tJ~ [ ~~~ lr.,. I ~ I lof, C?l By: C-CM"Y ~o ::z.e.lAA-tt\A.J its: _V1A 0...'1 oV' Date: /J- to -() ~ Page 5 of9 EXHIBIT A SCOPE OF WORK To enforce the law and assure that unlawful activity, including drug-related crimes in and around housing owned or managed by BHA is identified, reported, monitored, and tracked in the geographic area commonly known as West Park. All work shall be performed in accordance with and subject to Bremerton Police Department policies and procedures. To support the goals and objectives of the BHA and the residents of the Westpark Housing development in the prevention of crime and the elimination of drug-related criminal activity. SUMMARY OF CONTRACTED SERVICES TO BE PROVIDED BY BPD 1. Provide a commissioned and qualified Police Officer to the Westpark Housing Development and The Firs Apartments to deliver law enforcement services for duration of contract. 2. Provide information required to compile data for criminal analysis and statistical reports for Westpark and The Firs, as requested. 3. Cooperate to the fullest extent possible with other law enforcement and governmental agencies and the BRA to achieve the goals and meet the objectives as stated in the Scope of Work. 4. The Westpark Officer will respond to calls for service if the area patrol officer is not available. The patrol officer is to be the primary point of contact for calls for service (911 calls); responding to calls is not the sole responsibility of the contracted Westpark Officer. 5. Provide extended supplemental services as needed for increased coverage and special projects as budgeted for and approved by both parties. ILLUSTRATIVE TASKS 1. Liaisonwith BRA and residents of the Westpark Housing Development. a. Attend and participate in meetings when required. b. Document and forward all reports of criminal activity in Westpark to the BRA in a timely manner. c. Keep the Director of Rousing, Resident Initiatives Manager or his/her representative informed of all investigations as appropriate. 2. Program Reporting. a. Prepare and provide monthly progress reports to the Resident Initiatives Manager. Page 6 of9 b. Monitor and track all expenditures and accomplishments of extended supplemental activities. c. Provide crime statistics and other related data for program reporting purposes. 3. Extended Supplemental Services a. Develop Scope of Work for all extended supplemental activities needed. b. Obtain appropriate authorization and approval from BHA. c. Monitor performance to ensure goals are being achieved. d. Negotiate contracts for additional police services. e. Extended Supplemental Services duties will be addressed In the contract addendum for police services. 4. The Firs Apartments Extended Supplemental Services a. The Firs Apartments supplemental police services will be for a term of up to two months, through November 30, 2006. Length of contract depends on construction project of Russell Road. When the road project is completed, Bremerton Police Department services identified in this section will no longer be deemed necessary. This extended supplemental services contract will apply to the overtime salary for additional security patrols in the area of the Firs Apartment Complex, including designated Firs parking lots, and the Firs II Construction area. Supplemental patrols will operate in 4-hour shifts up to a maximum of 24 hours per week. This would consist primarily of bike/foot patrols and marked police vehicles. 5. Investigations. \. a. Investigate all reports of unlawful activity, including all calls taken outside of the hours at the Westpark Community Center. b. Prepare comprehensive detailed reports on all investigations. c. Maintain detailed files on investigations. d. Maintain monitoring and tracking logs of all investigations. e. Perform special inspection of public housing units when reports of illegal activity have been reported or suspected. 6. Hearings. a. Attend all hearings to present Housing Authority findings. Page 7 of9 7. Evictions. a. Represent Housing Authority interests in court by acting as a witness as necessary. b. Assist with physical evictions performed by the Sheriffs Department. 8. Resident Education. a. Circulate information to residents about security and safety. b. Attend Resident Advisory Council Meetings as needed. c. Coordinate resident Neighborhood Watch and other safety meetings as needed. 9. Miscellaneous Functions. a. Special projects as assigned by BHA and agreed to by BPD. 10. Service Objective - Responsibilities to the Public. a. Courteous and respectful. b. Responsive to requests. 11. Organization Improvement. a. Commitment to a philosophy of quality. b. Display initiative to resolve problems. c. Cost-effective use of the organizations resources. BRA, in its efforts to support and promote a good working relationship with BPD will provide the following support: 1. Provide office space and meeting rooms as required for the implementation of this enforcement effort. 2. Cooperate to the fullest extent possible with BPD' and other judicial, governmental, and law enforcement agencies. PROGRAM EVALUATION City and BHA will jointly meet to evaluate contract compliance and overall performance. This will be conducted as maybe necessary, to identify areas of concern. Page 80f9 EXHIBIT B Compensation Worksheet for West Park Contract: Officer May's total compensation for 2006 = $84,157 3months = $21,039.25 2007 = $90,406 9months = $67,804.50 Total = $88,843.75 Vehicle Costs, Fuel and Maintenance for the year = Equipment replacement and rental fund= $3888.04 $5700.00 Total = $9588.04 Overtime @ 4 hours a week for 2006 @ 13 weeks = Overtime @ 4 hours a week for 2007 @ 35 weeks = (Overtime rate does not include employee benefits paid out by the City, City would absorb these costs) $2356.64 $6704.60 Total = $9061.24 Total Cost for West Park Officer and a patrol vehicle = Total = $107,493.03 Page 9 of9