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5359
KITSAP COMMUNITY RESOUCES
PSA-Bremerton Community Service Work Program
Court
LEG 12-1
1/1/2014
12/31/2014
1/31/2015
2015
Comments :
PROFESSIONAL SERVICES AGREEMEN'T
Bremerton Community Service Work Program
THIS AG�2EEMENT is between the City of Bremerton, a Municipal Corporation (hereinafter
referred to as "City") and Kitsap Community Resources, a non-profit corporation (hereinafter referred to
as "KCR/CSW Program").
SCOPE: KCR/CSW Program agrees to manage the City of Bremerton Community Service (CS)
Work Program. Defendants convicted in 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 jail
or fines.
The Bremerton Municipal Court will provide KCR/CSW Program with 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 in the performance of community service work and provide a report to the Court indicating
whether a defendant has fulfilled his or her community service obligation.
Reporting guidelines shall include, but are not be limited to:
a. Individual status reports that indicates completion, noncompliance for non-completed
hours or "no shows".
b. Monthly report that summarize scope of work of Community Service Work
performed.
c. Monthly report indicating sites and hours worked daily.
d. Incidental reporting should be forwarded to the Court in a timely manner.
Determination of status is the responsibility of the KCR/CSW Program coordinators.
e. Monthly reporting should be forwarded to the Court by the S� day of each month
while this contract is in effect or within 5 working days of termination of this
agreement.
As in the past, defendants can perform their community service hours at remote locations with
other SOl.c3, non-profit organizations and in accordance with Washington State statutes governing the
performance of community 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 determine a defendant's request for other assignment:
a. Travel to the City CSW Program is an overwhelming barrier to attendance for
Community Service at the designated report location.
b. Defendant can prove reasonable need or hardship that would benefit both parties for
Community 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, either physically or mentally, that
would prevent working physical labor.
1. TERM: Contract shall commence on January 1, 2014 and will terminate December 31, 2014.
2. COMPENSATION: City shall pay KCR/CSW Program the sum of Eighteen thousand Six
Hundred Seventy Five dollars ($18,675.00) for the year 2014. Budget expenditures will be 1/12 of
the budget each month for the contract year.
3. PROGRAIVI DESCRIPTION: KCR/CSW Program Staff will operate the program in the City 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 1S through October 15 KCR/CSW
Program Staff will be in program orientation for their service term and no hours of community
service will be worked with the program during 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. Activities will vary and will address environmental,
recreational and human service needs. City of Bremerton requests shall have priority. Work
requests that are outside the scope or resource availability of the program will either be delayed or
assigned to another entity.
4. RELATIONS�IIP OF PARTIES: The parties understand and agree that KCR/CSW Program is an
organization skilled in matters pertaining to community service programs and will perform
independent functions and responsibilities in the area of its particular 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.
5. INDUSTRIAL INSURANCE: KCR/CSW Program agrees to provide for State industrial insurance
coverage for its personnel as required by State Law.
6. 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 this
Agreement to the City Clerk for payment of such taxes, which have been declared delinquent.
7. INSURANCE: KCR/CSW Program shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the KCR/CSW Program, its agents,
representatives, employees, sub-consultants or sub-Consultants.
Before beginning work on the project described in this Agreement, the KCR/CSW Program shall
provide a Certificate of Insurance evidencing:
1. Automobile Liability insurance with limits no less than $1,000,000 combined single
limit per accident for bodily injury and property damage; and
2. Commercial General Liabilitv insurance written on an occurrence basis with limits no
less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury,
bodily injury and property damage. Coverage shall include but not be limited to: blanket
contractual; products/completed operations/broad form property damage; and employer's liability;
and
3. Excess Liabilitv insurance with limits not less than 1,000,000 limit per occurrence and
aggregate.
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Any payment of deductible or self insured retention shall be the sole responsibility of the KCR/CSW
Program.
All required policies shall be provided on an"occurrence" basis except professional liability
insurance (if required), which may be provided on a"claims-made" basis.
The City shall be named as an additional insured on all insurance policy, as respects work performed
by or on behalf of the KCR/CSW Program and a copy of an endorsement that is acceptable to the
City, which names the City as an additional insured shall be attached to the Certificate of Insurance.
The City reserves the right to receive a certified copy of all the required insurance policies and
endorsements. The City further reserves the right to reject any unacceptable policies and/or
endorsements.
KCR/CSW Program 's Commercial General Liability insurance shall contain a clause stating that
coverage shall apply separately to each insured against whom claim is made or suit is brought,
except with respects to the limits of the insurer's liability.
KCR/CSW Program 's insurance shall be primary insurance as respects the City and it shall be an
affirmative obligation upon KCR/CSW Program to advise the City's Risk Manager by fax at (360)
473-5161, or by certified mail, return receipt requested to City of Bremerton, attn: Risk
Management, 345 6� Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation,
suspension or substantive change of any insurance policy set out herein, and failure to do so shall be
construed to be a breach of this Agreement.
The City also reserves its unqualified right to require at any time and for any reason, proof of
coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of
coverage.
8. INDEMNIFICATION: KCR/CSW Program agrees to defend, indemnify and save hannless the
City, its appointed and elected officers and employees, from and against any and all liability, loss,
costs, damage and expense, including costs and attorney fees in defense thereof because of actions,
claims or lawsuits for damages resulting from personal or bodily injury, including death at any time
resulting therefrom, sustained or alleged to have been sustained by any person or persons and on
account of damage to property, arising or alleged to have arisen directly or indirectly out of or in
consequence of or the performance of this Agreement, whether such injuries to persons or damage to
property is due to the negligence of KCR/CSW Program, its subcontractors, agents, successors or
assigns. This provision shall be inapplicable to the extent the City is judicially found solely negligent
for such damage or injury.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES KCT/CSW PROGRAM'S WAIVER
OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE
PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE
THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
9. GENERAL CONDITIONS:
a. Reports and Information — KCR/CSW Program at such times and in such forms as the City
may require, shall furnish the city such reasonable periodic reports and documents as it may
request pertaining to the work or services undertaken pursuant to the Agreement, the costs
and obligations incurred or to be incurred in connection therewith, and any other matters
covered by this Agreement. KCR/CSW Program will maintain accounting records in
accordance with generally accepted accounting principles and practices to substantiate all
invoiced amounts.
b. Vehicles — The City will provide a passenger van and pickup truck, vehicles for abatement
clearing, maintenance on said vehicles, including all regularly scheduled preventative
maintenance and/or corrective maintenance required during normal operation. The City
agrees to pay vehicle registration fees required to operate said vehicles. If the City is unable
to provide or replace vehicles that are not operable for more than three (3) working days, the
City shall suspend service or agree to provide travel claim expenses at .415 cents per mile for
any KCR vehicle that is used to continue agreement requirements.
c. Entire Agreement — this Agreement constitutes the entire agreement between the parties and
both parties acknowledge that there are no other agreements, written 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 written concurrence of both parties.
e. Notices — Any notices required to be given by the City to KCR/CSW Program or by
KCR/CSW Program to the City shall be in writing and delivered to the parties at the
following addresses:
City Clerk
345 Sixth St.
Bremerton, WA. 98337
Charmaine Scott, KCR
845 8�' Street
Bremerton, WA 98337
f. Waiver — Failure to insist upon strict compliance with any terms, covenants or conditions of
this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment
of such right 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 in performance of all services under this
Agreement.
h. Applicable Law; Venue — this Agreement shall be construed and interpreted in accordance
with the laws of the State of Washington and, in the event of dispute, the venue of any action
brought hereunder shall be in Kitsap County Superior Court.
10. NONDISCRIMINATION: KCR/CSW Program shall not discriminate in employment or services
to the public on the basis or race, color, national origin, sex, religion, age, marital status or disability,
except employment actions based on a bona fide occupational qualification.
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11. TERMINATION: this Agreement may be terminated by either party for convenience upon thirty
(30) days' written 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 written
notice and diligently completes the correction thereafter. Upon such termination, City will be
entitled to reports showing 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.
Date:
3 ��
KITSAP COMMUNITY RESOURCES/CSW PROGRAM
� � BY: � ' � �
LA Y EYE , Exe utive Director
CITY OF BREMERTON
Date: �b � BY:
P'A TY ENT, M yor
DEPARTMENTAL APPROVAL:
� �Q �
DAWN NELSON, Court Manager
APPROVED AS TO FORM:
,�
RO ER LUBO I ,- ity Attorney
C:\Users\annam�AppData\LocaluVlicrosoft\Windows\Temporary Internet Files\Content.0utlook\3PTIBRIB�Americorp 2014
l .docx
January 21, 2014
To: Dawn Nelson
City of Bremerton
From: Charmaine Scott, Employment & Training Director
Kitsap Community Resources
Re: City of Bremerton CSW Budget proposal for calendar year 2014.
Per our telephone conversation and at your request we are submitting a budget proposal for the Bremerton
Municipal Court Community Service Worker Program for one year. We are requesting annual funding of $18,675.00. This
amount is the same as the past two years. The following is a breakdown of the proposed funding:
2014 Proposed Budget Amount Proposed
Cash match far Americorps membersj3750.00 per $7500.00
member)
Tools and Safety Equipment $1660.00
Office Supplies (computer, phone, supplies and $1400.00
maintenance, printer)
Liability Insurance
$1450.00
Administration (inciudes rentj $6665.0�
TOTAL $18675.00
Please let me know if there is any additional information you require to process. I look forward to continuing our successful
working relationship in the CSW program. I'm attaching our end of year activity report for CSW.
Sincerely,
Charmaine Scott, EmpCoyment & 7raining Director
�Citsap Community 7tesources
845 8` Street, Bremerton, 1N.�1. g8337
360
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