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4597
BREMERTON HOUSING AUTHORITY
Security - Supplemental Law Enforcement - Firs Apts
Police
LEG 12-1
12/01/2006
05/31/2007
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 Supplemental Police Services at The Firs Apartments.
The City agrees to provide additional security patrols in the area of the Firs Apartment Complex,
including designated Firs parking lots, and the Firs II Construction area(s). 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. The City shall determine when the
shifts occur.
If BHA desires additional services not specified in the Scope 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 December 1, 2006, and terminates on May 31,
2007. Length of contract depends on construction project of Russell Road. When the road project
is completed, Bremerton Police Department services identified in Section (I) will no longer be
deemed necessary. BHA shall provide the city a minimum of 14 days notice that services
identified in this contract are no longer necessary.
III. Compensation: In consideration of the services provided pursuant to this Agreement,
BHA shall pay the City an amount not to exceed $29,800 for the term of this agreement or until
the city is notified services are no longer necessary as described in section IT.. Compensation
shall be detennined pursuant to assigned officers' overtime rates.
The City shall submit monthly billing statements. Upon receipt of a confonning monthly
billing statement, the BHA shall promptly process payment.
The 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
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limited to, compensation, insurance, and unemployment insurance are available from BHA to the
employees, agents, representatives, or sub-Consultants of the City.
As an independent Contractor, City is responsible for its own management. The BHA's
administration and enforcement of this Agreement shall not be deemed an exercise of managerial
control over City or its personnel.
V. Indemnification: BHA 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 BHA, its officers, employees, agents,
and/or subcontractors in relation to the performance of this agreement.
The City shall protect, defend, indemnify, and hold harmless BHA, 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 of this agreement.
Except for damages caused by the sole negligence of the City, BHA'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 BHA's expense.
VI. Insurance: The msurance provIsIOns set forth m the contract # AB06-230
shall govern this Agreement.
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, or as set forth in Section (II). This Agreement may be
immediately tenninated 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 of the 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.
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
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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 tennination, 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. Reports 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 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 perfonnance 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.
C. 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, W A 98337
City:
City of Bremerton
Police Department
239 Fourth Street
Bremerton, W A 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 of BHA to insist upon strict performance of any
of the covenants and agreements contained herein, or to exercise any option herein conferred in
one or more 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.
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I. 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.
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.
CITY OF
t;;MERT
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Date: /- S. 07
HOUSING AUTHORITY OF
THE CIT OF BREMERTON
By:
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