Loading...
HomeMy WebLinkAbout9005AGENDA BILL CITY OF BREMERTON 6H CITY COUNCIL SUBJECT: Interlocal Agreement between Study Session Date: October 25, 2017 the City of Bremerton and Kitsap County COUNCIL MEETING Date: November 1, 2017 Administrative Services for Court Security Department: Municipal Court Services Presenter: Dawn Williams Phone: (360) 473-5242 SUMMARY: The Bremerton Municipal Court has an Interlocal Agreement with Kitsap County Administrative Services to provide security for the courthouse at 550 Park Avenue. The Court wishes to renew this agreement. ATTACHMENTS: Interlocal Agreement for Court Security Services #KC -354-17 with Attachment A FISCAL IMPACTS (Include Budgeted Amount): $69,665.00. This is an increase of $1,500.00 increase from 2017. This includes a step increase as well as a COLA. STUDY SESSION AGENDA: Nx Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: Nx Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Interlocal Agreement for Court Security Services KC -354-17 between the City of Bremerton and Kitsap County Administrative Services; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: [Approve Form Updated 01/07/15 ❑ Deny ❑ Table ❑ Continue ❑ No Action INTERLOCAL AGREEMENT FOR COURT SECURITY SERVICES KC -354-17 . This Agreement is entered into by and between Kitsap County, a political subdivision of the State of Washington (hereinafter referred to as the COUNTY) and the City of Bremerton, a Municipal Corporation of the State of Washington, (hereinafter referred to as the CITY). WHEREAS, the parties are authorized to enter into agreements for the joint provision of governmental services pursuant to RCW 39.34, the Interlocal Cooperation Act, and WHEREAS. the County. presently employs court security officers pursuant to the authority found in RCW 9.41.300(b) and pursuant to Resolution Number 82295 of the Kitsap County .Superior Court executed August 25, 1995, and WHEREAS the City desires to contract with the .County for the furnishing of a full time Court Security Officer to provide security and, screening services for the City's municipal court. Now, therefore the County and the City mutually agree as follows: Section 1 GENERAL TERMS 1.1 PURPOSE. The purpose of this Agreement is to provide by this .contract the services of a full-time Court Security Officer by the County to the City under the terms and conditions specified in this . Agreement. 1.2 PAYMENT OF COSTS. The City shall reimburse the County the costs of providing the City with a full-time Step 11 Court Security Officer, the costs of which are as identified in Attachment A hereto. The costs subject to reimbursement shall be subject to such adjustments as may be provided for in the County's collective bargaining agreement covering its employees. Both the County and the City shall be bound by .the terms and provisions of -the County's collective bargaining agreement covering court services for Court Security Officers together with any future amendments or modifications thereto. The City shall provide coverage for the Court Security Officer during the regular morning, lunchtime and afternoon breaks of the Court Security Officer with an individual designated by the City. 1.3 SUPERVISION OF COURT SECURITY OFFICER. At all times, the Court Security Officer shall remain an employee of the County and shall remain under the supervision and control of the Kitsap County Sheriff's Office. The supervisory contact within the Kitsap V , County Sheriffs Office shall be Support Services Sergeant or such other Kitsap County Sheriff's employee as may be designated. 1.4 MODIFICATION. The terms of this Agreement shall not be altered or modified.unless agreed to in writing by the County and City and such writing shall be executed with the same formalities as are required for the execution of this document. 1.5 APPLICABLE LAW AND VENUE. This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington and the venue of any action brought hereunder shall be in the Superior Court of Kitsap County. 1.6 WAIVER. The failure of either party to insist upon strict performance of any of the terms and conditions of this Agreement shall not be construed to be a waiver or relinquishment of same, but the same shall be and remain in full force and effect. 1.7 ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the City and County regarding the subject matter of the contract. Any oral or written representations not incorporated in the contract are specifically excluded. Section 2 DURATION 2.1 This Agreement shall take affect on January 1, 2018 and terminate on December 31, 2018: The City will have the option of extending the initialterm by a period of an additional 12 month(s) by giving written notice to the County of its intention to extend as provided in Section 4.1 of this Agreement. Section 3 INDEMNIFICATION 3.1 The City will hold harmless, indemnify and defend the County, its officers, officials, employees and agents, from and against any and all claims, actions, suits, liability, loss, expenses, damages and judgments of any nature whatsoever, including reasonable costs and attorneys' fees in defense thereof for injury, sickness, disability or death to persons or damage to property or business, caused by or arising out of the City's acts, errors or omissions in connection with the performance of the contract. 3.2 The County will hold harmless, indemnify and defend the City, its officers, officials, employees and agents, from and against any and all claims, actions, suits, liability, loss, expenses, damages and judgments of any nature whatsoever, including reasonable costs and attorneys' fees in defense thereof for injury, sickness, disability or death to persons or damage to property or business, caused by or arising out of the County's acts, errors or omissions in connection with the performance of the contract. 3.3 The obligations under Section 3 of this Agreement include, but are not limited to, investigating, adjusting and defending all claims alleging loss from action, error or omission, or breach of any common law,, statutory or other delegated duty by the parties, the parties' employees, agents or subcontractors. Section 4 NOTICES 4.1 All notices required by this Agreement to be .given to the County shall be made in writing and personally delivered or sent by first class mail, postage prepaid to: County' Amber D'Amato, Director of Administrative Services 614 Division Street, MS -7 Port Orchard, WA 98366 Tel. (360) 337-4504 adamat60--co. kitsap:wa. us City: Dawn Williams, Court Administrator 550 Park Avenue Bremerton, WA 98337 Tel.: (360) 473-5242 dawn.wiIIiamst .ci.bremerton wa.us 4.2 All notices required by this Agreement to be given to the City shall be made in writing and personally delivered or sent by first class mail postage prepaid to the address noted above. Section 5 TERMINATION 5.1 Either party of this Agreement may terminate this Agreement by providing 30 calendar days written notice to the other party as provided in Section 4 of this Agreement. 5.2 If funding for the underlying project or matter is withdrawn, reduced or limited in any way after the Contract is signed or becomes effective, the City may summarily terminate the Contract notwithstanding any other termination_ provision in the Contract. Termination under this provision will be effective upon the date specified in the written notice of, termination. sent by. City to the County. No costs incurred after the. effective date of, the, termination: Will be paid.: - Section 6 SEVERABILITY - 6.1 In the event any. provision of this Agreement: is forid invalid or contrary .to, law, . the remainder ,of this .Agreement .shall, not be. . affected thereby. - - - Dated this �6 ` day of "QUP�t Py 2017 Dated this day of 201.7 , ; CITY OF.BREMERTONKITSAP COUNTY, WASHINGTON . . BOAR F COUN COMMISSIONERS: Patty-Lent,y, r CHARLO RRI Chair D B)Jemerton City Att9tre3rs- ROBERT DER, ommissioner. W EDWARD E. WOLF ,.Commissioner AT di,Glsy`� Dana Daniels, Cle'rk.of the Board Q� 0�� . STATF O�•• •�tA O•N •kh y�HGTO�''c,� 9 ATTACHMENT A TO INTERLOCAL AGREEMENT FOR COURT SECURITY SERVICES. The City shall reimburse the County for the wages and employment -based benefits necessary and incidental to providing the City with a full-time Step 12 court security officer under the collective bargaining agreement covering court security officers. Those costs are as follows: • Wages, benefits, and employer's share of employment taxes (estimated to be $69,000 per year); • Uniform (estimated to be $400.00), and uniform cleaning (estimated to be $265.00 per year); • Overtime wages worked; • Cost of living increases (COLAs) authorized by the Kitsap County Board of Commissioners subsequent to this agreement; • Travel reimbursement, if applicable. In addition, in the event the court security officer assigned to the City is absent for personal reasons (e.g., sick and annual leave), the City will pay the County a per diem rate consisting of the annual wages and benefits of a Step 12 court security officer estimated to be $265.39 per day (annual salary of $69,000 divided by 260 work days per year) to cover the sick and annual leave absences.