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4670
HOUSING AUTHORITY OF THE CITY OF BREMERTON
Supplemental Police Services
Police
LEG 12-1
11/01/2007
10/31/2008
02/15/2010
01/01/2010
Modification #1-10/08
CONTRACT MODIFICATION AGREEMENT NO.1
BETWEEN THE CITY OF BREMERTON AND
THE HOUSING AUTHORITY OF THE CITY OFBREMERTON
This Contract Modification Agreement specifically amends the Contract for Supplemental Police
Services entered into between the Housing Authority of the City of Bremerton and the City of
Bremerton on November 5, 2007,
All provisions in the Contract shall remain in full force and effect except as expressly modified by this
document.
For valuable consideration and by mutual consent of the parties, the modifications to the Contract are as
follows:
I.
1. Section I Scope is modified to add the following sentence at the end of the paragraph:
From October 1 through October 31, 2008, the City agrees to perform the
services described in the Scope of Work attached to this Contract Modification
Agreement as Exhibit A.
2. Section II Term is modified as follows: The termination date of this agreement is extended to
October 31, 2008
3. Section III Compensation is amended to add compensation for the month of October 2008. The
following sentence is hereby added to the end of Section III, paragraph 1:
In consideration of the services provided pursuant to this Agreement from
October 1, 2008 through October 31, 2008, BHA shall pay the City an amount not to
exceed $7,543.03.
II.
This document will become a supplement of the contract and all provisions will apply hereto. It is
understood that this Contract Modification shall be effective when approved by the City of
Bremerton.
The parties whose names appear below warrant that they are authorized to enter into a contract
modification that is binding on the parties of this contract.
IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day and
year first written above.
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Its Mayor
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HOUSING AUTHORITY OF THE
CITY OF BREMERTON
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CONTRACT MODIFICATION
Supplemental Police Services
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R:\Legal\Legal\Contracts\Police\2008 Westpark Supplemental Services Amd.1.doc
CONTRACT MODIFICATION
Supplemental Police Services
2
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 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 BHA 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. 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.
6. The work schedule will be in four hour blocks of time scheduled by the Operations
Commander or his designee with input and approval from BHA. When needed the
designated BHA representative and the Bremerton Police Department will discuss and plan
out proposed work schedules to best meet the law enforcement requirements for the West
Park Housing development.
ILLUSTRATIVE TASKS
*
1. Liaison with BHA and residents of the Westpark Housing Development.
a. Attend and participate in meetiI).gs when required.
b. Document and forward reports of criminal activity in Westpark to the BHA. As
needed.
2. Program Reporting.
CONTRACT MODIFICATION
Supplemental Police Services
3
a. Prepare and provide monthly activity reports to the Resident Initiatives Manager.
b. Provide crime statistics and other related data for program reporting purposes.
3. Investigations.
a. Investigate reports of unlawful activity.
b. Prepare comprehensive detailed reports on investigations.
c. Investigate and report when reports of illegal activity have been reported or
suspected.
4. Miscellaneous Functions.
a. Special projects as assigned by BHA and agreed to. by BPD.
5. Service Objective - Responsibilities to the Public.
a. Courteous and respectful.
b. Responsive to requests.
6. Organization Improvement.
a. Commitment to a philosophy of quality.
b. Display initiative to resolve problems.
BHA, in its efforts to support and promote a good working relationship with BPD will:
Cooperate to the fullest extent possible with BPD and other judicial, governmental, and law
enforcement agencies.
CONTRACT MODIFICATION
Supplemental Police Services
4
Vendor
Subject
Department
Status Code
Amount
Begin Date
End Date
Review Date
Insurance
Comments
Contract Number 4670
HOUSING AUTHORITY OF THE CITY OF BREMERTON
Supplemental Police Services
Police
PRO File Class LEG 12-1
$118597.38
11/01/2007
09/30/2008
08/01/2008
GL $
AL $
E&O $
Insurance Total $
Insurance Review Date
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 IXE. of this Agreement. If BHA desires
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 November 1,2007, and terminates on September
30, 2008 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,
BHA shall pay the City an amount not to exceed $118,597.38 for the term of this agreement as
set out in Exhibit B.
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 obligatiuns 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
entirely responsible for its acts and for the acts of City's agents, employees, representatives, and
sub-Consultants during the performance of this Agreement.
Page 1 of8
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 of this 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: 1) 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.
VII. Nondiscrimination: City shall not discriminate in employment or services to the public
on the basis of race, color, national origin, sex, sexual orientation, religion, age, marital status, or
disability, except for employment actions based on bona fide occupational qualification.
Page 2 of8
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. 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 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.
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
Page 3 of8
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, W A 98337
City:
City of Bremerton
Police Department
1025 Burwell St.
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 ofBHA 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.
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.
Page 4 of8
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
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CITY OF BREMERTON
By:
its:
Date:
Attest:
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Page 5 of8
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 BHA 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 ofthe 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. Liaison with BHA 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 BHA in a
timely manner.
c. Keep the Director of Housing, 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.
b. Monitor and track all expenditures and accomplishments of extended supplemental
activities.
Page 6 of8
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. 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.
5. Hearings.
a. Attend all hearings to present Housing Authority findings.
6. 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.
7. 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.
8. Miscellaneous Functions.
a. Special projects as assigned by BHA and agreed to by BPD.
Page 7 of8
9. Service Objective - Responsibilities to the Public.
a. Courteous and respectful.
b. Responsive to requests.
10. Organization Improvement.
a. Commitment to a philosophy of quality.
b. Display initiative to resolve problems.
c. Cost-effective use of the organizations resources.
BHA, 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 may be necessary, to identify areas of concern.
EXHIBIT B
Compensation Worksheet for West Park Contract:
Officer Sargent's total compensation for 2007 = 3months = $25,055.62
2008 = 9months = $75,166.84
Total = $100,222.46
Vehicle Costs, Fuel and Maintenance for the year =
Equipment replacement and rental fund=
$4421.00
$6494.00
Total = $10,915
@ 2 hours a week for 52 weeks
Total= $7,459.92
Total Cost for West Park Officer and a patrol vehicle =
Total = $118,597.38
Page80f8