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5437
KITSAP COMMUNITY RESOURCES
PSA - Bremerton Community Service Work Program
Court
LEG 12-1
1/i/2o15
12/31/2015
1/1/2016
2016
Comments:
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AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Renewal of Professional
Services Agreement.between the.City of
Bremerton_and Kitsap Community
Resources
Study Session Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
�
December 10, 2014
December 17, 2014
Municipal Court
Dawn Nelson
473-5242
SUMMARY: The Bremerton Municipal Court is seeking to renew the contract with Kitsap Community
Resources to continue to provide community service supervision for 2015. This Professional
Services Agreement with KCR provides supervision, organization and reporting to the court for
defendants assigned to perform community service as part of their sentencin�q or for fines. The
compensation will be $20,675.00 for 2015. Budget expenditures will be 1/12 of the budget each
month for the contract year.
ATTACHMENTS: Professional Services Agreement with Kitsap Community Resources for
Bremerton Community Service Work Program.
FISCAL IMPACTS (Include Budgeted Amount): $20,675.00 for 2095
STUDY SESSION AGENDA: � No Presentation O Full Presentation
STUDY SESSION ACTION:
RECOMMENDED MOTION:
� Consent Agenda ❑ General Business ❑ Public Hearing
Move to approve the Renewal of the Professional Services Agreement between the City of
Bremerton and Kitsap Community Resources and authorize the Mayor to finalize and execute the
agreement with substantially the same terms and conditions as presented.
COUNCIL ACTION: [�Approve
❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 01/25/13
PROFESSIONAL SERVICES AGREEMENT
(Bremerton Com�unity Service Work Progra�e)
THIS AGREEMENT 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").
1. SCOPE: KCR agrees to manage the City of Bremerton Community Service
Work ("CSW Program"). Defendants convicted in Bremerton Municipal Court are directed to
the CSW Program 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 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 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 CSW Program coordinators.
e) Monthly reporting should be forwarded to the Court by the 5�' 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 501(c)3, 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 KCR. KCR, on the basis of the following circumstances, shall determine a
defendant's request for other assignment:
a) Travel to the 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 andlor hours of
the CSW Program.
c) The Defendant has a verified medical reason, either physically or
mentally, that would prevent working physical labor.
2. TERM: Contract shall commence on January 1, 2015 and will terminate
December 31, 2015.
3. COMPENSATION: City shall pay KCR the sum of Twenty Thousand Six
Hundred Seventy Five dollars ($20,675.00) for the year 2015. Budget expenditures will be 1/12�'
of the budget each month for the contract year.
4. PROGRAM DESCRIPTION: KCR staff will operate the program in the City of
Bremerton. Report dates for defendants will be established by the Court and will be from
January 2nd through December 31 st of each contract yeax. October 1 S through October 15�'
KCR 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 xesource availability of the program will either be delayed
or assigned to another entity.
5. RELATIONSHIP OF PARTIES: The parties understand and agree that KCR 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 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 shall work under the direction of the
AmeriCorps Director.
6. INDUSTRIAL INSURANCE: KCR agrees to provide for State industrial
insurance coverage for its personnel as required by State Law.
7. LIC�NSE AND TAXES: KCR 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, by this Agreement, assigns any payments due under this
Agreement to the City Clerk for payment of such taxes, which have been declared delinquent.
8. INSURANCE: KCR 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 KCR, its agents,
representatives, employees, sub-consultants or sub-Consultants.
Before beginning work on the project described in this Agreement, KCR shall provide a
Certificate of Insurance evidencing:
1. Automobile Liabilatv 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
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3. Excess Liabilitv insurance with limits not less than 1,000,000 limit per
occurrence and aggregate.
Any payment of deductible or self-insured retention shall be the sole responsibility of the
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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 KCR 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'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's insurance shall be primary insurance as respects the City and it shall be an
affirmative obligation upon KCR 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 6tn
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.
9. INDEMNIFICATION: KCR 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, 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
WANER 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.
10. GENERAL CONDITIONS:
a) Reports and Information — KCR, 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 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 a11 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) Vehicle Drivers — KCR will insure that all drivers of City provided
vehicles will possess a valid driver's license and aze capable of safely operating a vehicle and not
under the influence of any substance that can impair driving ability.
d) 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.
e) Amendments — the parties hereby further agree that this Agreement cannot
be amended or modified without the written concurrence of both parties.
fl Notices — Any notices required to be given by the City to KCR or by KCR
to the City shall be in writing and delivered to the parties at the following addresses:
City Clerk
City of Bremerton
345 Sixth Street, Suite 600
Bremerton, WA. 98337
Charmaine Scott, KCR
Kitsap Community Resources
845 8�' Street
Bremerton, WA 98337
g) 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.
h) Compliance with State, Local and Federal Laws — KCR agrees to comply
with all applicable local, state and federal laws in performance of all services under this
Agreement.
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i) 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.
11. NONDISCRIMINATION: KCR 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 employment actions based on a bona fide occupational qualification.
12. TERNIINATION: 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 is advising the City as of the effective date of terminations.
IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and
year indicated.
Date: �, Z Q.
KITSAP COMIVIUNITY RESOURCES
I�
Date: / Z � `
DEPARTMENTAL APPROVAL:
. ��JI/��'�
DAWN NELSON, Court Manager
APPROVED AS TO FORM:
' R GER LUBOVICH, Citv -�
TAYLOR, Board President
CITY OF BREMERTON
BY: "
PATTY L , ayor
R:�L,egalU..egal\Contractsuvtunicipai CourtUCCR-CSW Program�KCR Community Service Agreement 2015 - Final.docx