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Home My WebLink About4804 Contract Number 4804 Vendor KITSAP COMMUNITY RESOURCES/AMERICORPS Sub]ect Community Service Work Program Department Muni Court File Class LEG 12-1 Begin Date 1/1/2009 End Date Review Date Vault Date Comments 6/2/10 - Contract continued per Mayor's instructions s BREMERT ®N - -N,�_. " MIJNICIPAI. COURT xTe� 3;80 4;7,;3"626-0 x •� �.'F.az�360�;�,,3;�5262��,�'z, rYr90,Oact(�cAveueX B`rejneoWAii.,98337 yet June 2, 2010 Russ Donahue KCR/Americorps 8458 1h Street Bremerton, WA 98337 Reference: Professional Services Agreement with the City of Bremerton for Community Service Work Program Mr. Donahue, Please accept this letter as notice that the City of Bremerton is exercising the 30 day termination clause in our contract. I would appreciate if your staff would work with Dave Boynton, EMS Officer, to transition files and status reports. We must have the contract concluded by July 2, 2010, but per our conversation we will conclude it by June 30, 2010 for ease of transition. I would like to thank you and your staff for the professionalism and thoughtfulness that was displayed throughout the duration of this contract. Please call me at 360- 473 -5242 if you have any questions. Respectfully, Theresa Ewing Court Administrator — Breme on Municipal Court cc: Judge James Docter __Mayor Patty Lent `, Carol � Etgeri; City -Clerk Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 4804 KITSAP COMMUNITY RESOURCES/AMERICORPS Community Service Work Program Muni Court LEG 12-1 01/01/2009 12/31/2011 11/01/2011 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/ AmeriCorps, a non-profit corporation (hereinafter referred to as "KCRf AmeriCorps"). 1. SCOPE: KCR/AmeriCorps 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 oflabar for the City in lieu of jailor fines. The Bremerton Municipal Court will provide KCRfAmeriCorps 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. KCRf AmeriCorps 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 KCRf AmeriCorps coordinators. e. Monthly reporting should be forwarded to the Court by the Sth day of each month while this contract is in effect or within S 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 KCRf AmeriCorps staff. KCRf AmeriCorps 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 KCRf AmeriCorps program operates. 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, 2009 and will terminate December 31, 2011 3. COMPENSATION: City shall pay KCR/AmeriCorps the sum of Eighteen thousand Six Hundred Seventy Five dollars ($18,67S.00), for the year 2009, Eighteen thousand Six Hundred Seventy Five dollars ($18,675.00) for year 2010, and ($18,675.00) for year 2011. Budget expenditures will be 1/1ih of the budget each month for the contract year. 4. PROGRAM DESCRIPTION: KCRf AmeriCorps will operate the program in the City of Bremerton. Report dates for defendants will be established by the Court and will be from October 16th through September 30th of each contract year. October 1 st through October 15th KCRf AmeriCorps members 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. 5. RELATIONSHIP OF PARTIES: The parties understand and agree that KCRfAmeriCorps 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. KCRf AmeriCorps and its personnel shall act as independent contractors and not employees of the City. As such they have no authority to bind City or control employees of the City, contractors, or other entities. Within the performance of these duties, KCRf AmeriCorps shall work under the direction of the Court Services Manager. 6. INDUSTRIAL INSURANCE: KCRfAmeriCorps agrees to provide for State industrial insurance coverage for its personnel as required by State Law. 7. LICENSE AND TAXES: KCRfAmeriCorps 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 KCRf AmeriCorps, 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 AND HOLD HARMLESS: Prior to and during the performance of the work covered by this Agreement, KCRf AmeriCorps shall provide the Risk Manager for the City of Bremerton, with evidence that it has obtained and maintains in full force and effect during the term of this Agreement, a policy of professional liability insurance, providing coverage of at least $1 ,000,000.00 (one million), against professional liability or errors and omissions in connection with the work to be performed by KCRf AmeriCorps under this Agreement. Risk Manager shall be provided thirty (30) days' written notice of any cancellation of said professional liability insurance. KCRf AmeriCorps agrees to defend, indemnify and save harmless 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 KCRf AmeriCorps, 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. 2 9. GENERAL CONDITIONS: a. Reports and Information - KCRf AmeriCorps, 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. KCRf AmeriCorps 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 Court Services Manager 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 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 KCRf AmeriCorps or by KCRf AmeriCorps to the City shall be in writing and delivered to the parties at the following addresses: City Clerk 345 Sixth St. Bremerton, WA. 98337 Russ Donahue, KCRf AmeriCorps 845 8th 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 - KCRfAmeriCorps 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. 3 1. Attorney Fees - The substantially prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorney's fees and court costs, including appeals, if any. 10. NONDISCRIMINATION: KCRfAmeriCorps 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. 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 KCRf AmeriCorps 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/ AMERICORPS Date: j It "J /0' Date: (~(~ 9 BY: REMERTON DEP ARTMENT AL APPROVAL: Qa~ THERESA EWING, Co ervl anager APPROVED AS TO FORM: R GER LUBOVICH, City Attorney 4