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HomeMy WebLinkAbout5102, Contract Number: Vendor: Sub�ect: Department: File Class: Beqin Date: End Date: Review Date: Vault Date: 5102 Kitsap Community Resources KCR/CSW Proqram Court LEG 12-1 1/1/2012 12/31/2013 9/30/2013 2015 Comments: PROFESSIONAL SERVICES AGREEMENT Bremerton Community Service Work Program THIS AGREEMENT is between the City of Bremerton, a Municipal Corporation (hereinafter referred to as "City") and Kitsap Community Resources, a non-profit corporation (heremafter referred to as "KCR/CSW Program") 1. SCOPE: KCR/CSW Program agrees to manage the City of Bremerton Community Service (CS) Work Program. Defendants convicted m Bremerton Municipal Court are directed to the Community Service Work Program (CSW) to provide a specified number of hours of labor for the City in lieu of �ail or fines The Bremerton Mumcipal Court will provide KCR/CSW Program wrth the defendant's agreement or form, which shall include the defendant's name, case number, start date and number of community service hours to be performed by the defendant. KCR/CSW Program will supervise the defendants m the performance of commumty service work and provide a report to the Court mdicatmg whether a defendant has fulfilled his or her commumty service obligation Reportmg guidelines shall include, but are not be limited to. a. Individual status reports that mdicates completion, noncompliance for non-completed hours or "no shows" b Monthly report that summarize scope of work of Communrty Service Work performed. c. Monthly report indicating sites and hours worked daaly. d Incidental reporting should be forwarded to the Court in a rimely manner Determination of status is the responsibility of the KCR/CSW Program coordinators e Monthly reporting should be forwarded to the Court by the 5` day of each month while this contract is m effect or withm 5 working days of termination of this agreement As m the past, defendants can perform their commumty service hours at remote locations with other 501 c3, non-profit organizations and m accordance with Washington State statutes governmg the performance of commumty service The need for remote assignment is designated at the discretion of the KCR/CSW Program staff KCR/CSW Program staff, on the basis of the following circumstances, shall determme a defendant's request for other assignment. a Travel to the City CSW Program is an overwhelming bamer to attendance for Commumty Service at the designated report locahon b Defendant can prove reasonable need or hardship that would benefit both parties for Commumty Service to be performed outside the normal working days and/or hours, which the KCR/CSW program operates c. The Defendant has a verified medical reason, erther physically or mentally, that would prevent workmg physical labor 2. TERM: Contract shall commence on January l, 2012 and will termmate December 31, 2013 3. COMPENSATION: City shall pay KCR/CSW Program the sum of Eighteen thousand Six Hundred Seventy Five dollars ($18,675 00) for the year 2012 and the sum of Eighteen thousand Six � � Hundred Seventy Five dollars ($18,675 00) for year 2013 Budget expendrtures will be 1/12` of the budget each month for the contract year 4. PROGRAIVi DESCRIPTION: KCR/CSW Program Staff will operate the program m the Crty of Bremerton Report dates for defendants will be established by the Court and will be from October 16 through September 30` of each contract year. October l through October 15`" KCR/CSW Program Staff will be m program onentation for their service term and no hours of community service v�nll be worked with the program durmg designated dates Designated report dates and times will be available to ensure forty (40) hours of service can be performed each week with the exclusion of KCR observed holidays Activrties will vary and will address environmental, recreational and human service needs. City of Bremerton requests shall have prionty. Work requests that are outside the scope or resource availability of the program will either be delayed or assigned to another entity 5. 1tELATIONSHIP OF PARTIES: The parties understand and agree that KCR/CSW Program is an orgatuzation skilled in matters pertaining to community service programs and will perform independent functions and responsibilrties in the area of its particulaz field of expertise KCR/CSW Program and its personnel shall act as independent contractors and not employees of the City. As such they have no authority to bind neither City nor control employees of the City, contractors, or other entities Within the performance of these duties, KCR/CSW Program shall work under the direction of the AmeriCorps Director 6. INDUST1tIAL INSURANCE: KCR/CSW Program agrees to prov�de for State mdustrial insurance coverage for rts personnel as required by State Law 7. LICENSE AND TAXES: KCR/CSW Program shall possess a current Bremerton Business license and any regulatory license required fulfilling its obligations under this Agreement. B&O taxes shall be paid when due and KCR/CSW Program, by this Agreement, assigns any payments due under tlus Agreement to the Crty Clerk for payment of such taxes, which have been declared delinquent 8. INSURANCE AND HOLD HARMLESS: Pnor to and during the performance of the work covered by tlus Agreement, KCR/CSW Program shall provide the Risk Manager for the City of Bremerton, with evidence that it has obtained and mamtams in full force and effect dunng the term of this Agreement, a policy of professional liabilrty insurance, providmg coverage of at least $1,000,000.00 (one million), agamst professional liabilrty or errors and omissions in connection with the work to be performed by KCR/CSW Program under this Agreement Risk Manager shall be provided thirty (30) days' written notice of any cancellation of said professional liability msurance KCR/CSW Program agrees to defend, indemmfy and save harmless the City, its appomted and elected officers and employees, from and against any and all liability, loss, costs, damage and expense, mcludmg costs and attorney fees in defense thereof because of actions, claims or lawswts for damages resulting from personal or bodily m�ury, includmg death at any hme resulting therefrom, sustamed or alleged to have been sustamed by any person or persons and on account of damage to property, ansmg or alleged to have arisen directly or indirectly out of or in consequence of or the performance of this Agreement, whether such m�uries to persons or damage to property is due to the negligence of KCR/CSW Program, rts subcontractors, agents, successors or assigns. This provision sha11 be inapplicable to the extent the City is judicially found solely negligent for such damage or injury � � 9. GENEItAL CONDITIONS: a Reports and Information — KCR/CSW Program, at such times and m such forms as the City may require, shall furnish the city such reasonable penodic reports and documents as it may request pertammg to the work or services undertaken pursuant to the Agreement, the costs and obligations mcurred or to be mcurred in connection therewith, and any other matters covered by this Agreement KCR/CSW Program will mamtam accounting records m accordance with generally accepted accountmg pnnciples and practices to substantiate all mvoiced amounts b Vehicles — The City will provide a passenger van and pickup truck, vehicles for abatement clearing, maintenance on said vehicles, mcluding all regularly scheduled preventative maintenance and/or corrective maintenance required dunng normal operation The City agrees to pay vehicle registration fees required to operate satd vehicles If the City is unable to provide or replace vehicles that are not operable for more than three (3) working days, the Admimstrative Service Director or designee shall suspend service or agree to provide travel claim expenses at 415 cents per mile for any KCR vehicle that is used to contmue agreement requirements c Entire Agreement — this Agreement constitutes the entire agreement between the parties and both parties acknowledge that there are no other agreements, wntten or oral, that have not been fully set forth in the text of this Agreement d Amendments — the parties hereby further agree that this Agreement cannot be amended or modified without the wntten concurrence of both parties e Notices — Any nohces required to be given by the Crty to KCR/CSW Program or by KCR/CSW Program to the City shall be m writmg and delivered to the parhes at the followmg addresses City Clerk 345 Sixth St Bremerton, WA 98337 Jenmfer Allik, KCR/AmenCorps 845 8 Street Bremerton, WA 98337 f Waiver — Failure to msist upon stnct compliance with any terms, covenants or condrtions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such nght or power at any time be taken to be a waiver of any other breach g Compliance with State, Local and Federal Laws — KCR/CSW Program agrees to comply with all applicable local, state and federal laws m performance of all services under this Agreement h Applicable Law, Venue — this Agreement shall be construed and mterpreted in accordance with the laws of the State of Washmgton and, in the event of dispute, the venue of any action brought hereunder shall be in Kitsap County Supenor Court 3 10. NONDISCRIMINATION: KCR/CSW Program shall not discnmmate in employment or services to the public on the basis or race, color, national ongm, sex, religion, age, marital status or disability, except employment actions based on a bona fide occupational qualification 11. TERMINATION: this Agreement may be termmated by either party for convemence upon thirty (30) days' wntten notice to the other party, or for cause if either party fails substantially to perform through no fault of the other and does not commence correction with in five (5) days of wntten notice and diligently completes the correction thereafter Upon such termination, City will be entitled to reports showmg the status of all matters upon which KCR/CSW Program is advising the City as of the effective date of terminations IN WITHNESS WHEREOF the parties hereto have executed this Agreement the date and year indicated KITSAP COMMUNITY RESOURCES/CSW PROGRAM Date �z� �r � � BY YER, Executive Director � 1 ��.. �-� `��� s� p -�-� l���lU CIT OF BREMERTON Date �� � ����� DEPARTMENTAL APPROVAL DAWN NELSON, Court Manager BY � `' PATT ENT, ayor APP AS TO FORM / � R L OVICH, City Attorney 4 � August 31, 2011 To Jonna Koehn Crty Of Bremerton From Jenmfer Allik, AmeriCorps Program Director Krtsap Communrty Resources Sub� C�ty of Bremerton CSW Budget proposal for calendar years 2012 and 2013 At your request we are submittmg a contract budget proposal for the Bremerton Mumcipal Court Communrty Service Worker Program for (2) two years We are requesting annual fundmg of $18,675 00 for (Fy 2012), $18,675 00 (FY 2013) The followmg �s a breakdown of the proposed fundmg Please let me know if there �s any addrt�onal informat�on you require for your budget heanngs I look forward to contmumg our successful workmg relationsh�p m the CSW program. Sincerely, J� A�.