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HomeMy WebLinkAbout4766 � � Contract Number: 4766 Vendor: BREMERTON HOUSING AUTHORITY Subject: Supplemental Police Services Department: Police File Class: LEG 12-1 Begin Date: 11/Ol/2008 End Date: 09/30/2009 Review Date: 02/15/2011 Vault Date: O1/O1/2011 Comments : 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 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. It is understood that due to unforeseen reasons officers may not be able to fulfill an appointed assignment time and work schedule changes may be necessary. Examples would be for illness, court subpoenas, or a call out for a major case etc. II. Term: This Agreement commences on November 1, 2008 and terminates on September 30, 2009 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 $82,973.47 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 BRA 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 BRA or to control the BRA'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 of 8 Officers working the West Park enforcement emphasis will be expected to meet assigned goals and objectives. Those not doing so will not be assigned to the detail in the future. 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. 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 BHA will be cause for such action as may be available by law including termination of the contract. 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. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: Prior to the commencement date of this Agreement, City shall provide Certificates of Insurance to the BHA's Risk Manager verifying the following coverage: 1) Professional liability ("E&O") 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, religion, age, marital status, disability, or sexual orientation except for employment actions based on bona fide occupational qualification. Page 2 of 8 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 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. 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 subconsultants 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 of 8 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 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 I 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 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. 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 of 8 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 [i1Edsr i.lt-~ . D: ( . '1 ~~'of$ By: its: Date: Approved as to form: 'fl1(C;b Bremerton City Attorney Attest: (~d~ City CI k Page 5 of 8 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 meetings when required. Page 6 of 8 b. Document and forward reports of criminal activity in Westpark to the BRA. As needed. 2. Program Reporting. 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 BRA 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. BRA, 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. Page 7 of 8 PROGRAM EV ALVA TION City and BRA 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: Estimated salary cost for Officers assigned to four hour blocks not to exceed total of $66,916.67 total patrol time. $66,916.67 Administrative fee of 10% for administration services and information gathering. $ 6,691.67 Vehicle Costs, Fuel and Maintenance for the year Equipment replacement and rental fund $6,388.71 $2,976.42 Total Cost for West Park Officer and a patrol vehicle Total = $82,973.47 Page 8 of 8