Loading...
HomeMy WebLinkAbout3601 Contract Number: 3601 Vendor: KITSAP COMMUNITY RESOURCES/AMERICORPS Subject: community Service Work Program Department: Muni Court File Class: LEG 12-1 Begin Date: 01/01/1995 End Date: 12/31/2008 Review Date: 02/15/2010 Vault Date: 01/01/2010 Comments: New Agreement 1/09 PROFESSIONAL SERVICES AGREEMENT Bremerton Community Service Work Program THIS AGREEM.ENT 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 ordered by the Bremerton Municipal Court to do community serve work are directed to the Community Service Work Program (CSW) to provide a specified number of hours of labor 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. KCRfAmeriCorps 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 5th 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.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, may approve 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 KCRfAmeriCorps 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, 2006 and will terminate December 31,2008 1 3. COMPENSATION: City shall pay KCRfAmeriCorps the sum of eighteen thousand dollars ($18,000.00), for the year 2006, ($18,100.00) for year 2007, and ($18,100.00) for year 2008. Line item budget sheets for each applicable year are enclosed in Addendum A. 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 January 1st through December 31 st with the exception of the first two weeks of October of each contract year. October 1st through October 15th KCRfAmeriCorps 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 the City nor control employees of the City, contractors, or other entities. 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 KCRfAmeriCorps, 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 professional1iability or errors and omissions in connection with the work to be performed by KCRfAmeriCorps 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 lllJUry. 2 9. GENERAL CONDITIONS: a. Reports and Information - KCRfAmeriCorps, 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. KCRfAmeriCorps 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, along with providing 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 service Manger or designee shall suspend service or agree to provide travel claim expenses at .485 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: Court Manager Russ Donahue, KCRf AmeriCorps 239 4th Street. 802 7th Street Bremerton,WA.98337 Bremerton, W A 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. 1. Work Performed at KCRfAmeriCorps' Risk: KCRf AmericaCorps shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. 3 All work shall be done at KCR/AmericaCorps' own risk, and KCR/AmericaCorps shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. J. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. k. Assignment Any assignment of this agreement by the Contractor without the written consent of the City shall be void. 10. NONDISCRIMINATION: KCR/AmeriCorps 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 KCR/ AmeriCorps is advising the City as of the effective date of terminations. KCR/ AmericaCorps Terri L. Washburn ~ By:~ae ~ its: ~~ ils:Board President Date: 'tf -1..) - ~ !> ~ Date: November 1 7 , 2005 October 18, 2005 4 ____n__________ ____ ______ _.________.. _____ -- +--------------------------------------------------------------------------+ TEnter Search Criteria, Press Esc Key to Transmit '" !press Del Key to Terminate Delete Mode ~ CHANGE Contract Transactions Contract Number 3601 '" '" '" "'Vendor Name KITSAP COMMUNITY RESOURCES/AMERICORPS '" "'Subject COMMUNITY SERVICE WORK PROGRAM '" ~Department MUNI COURT ~ Status Code PRO '" Amount $17200.00 '" '" Begin Date 01/01/1995 '" '" Insurance End Date 12/31/2005 '" '" Type Amount Review Date 11/01/2005 '" ! GL $3000000.00 '" AL $1000000.00 '" '" '" Insurance Total $4000000.00 '" + Insurance Review Date 01/01/2005 '" '" '" ~ Comments $17200 PER YEAR THRU 2005 '" '" + + +--------------------------------------------------------------------------+ -- - 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 ResourceslAmeriCorps, a non-profit corporation (hereinafterreferred to as "KCRfAmeriCorps"). 1. SCOPE: KCRJAmeriCorps agrees to manage the City of Bremerton Community Service (CS) Wode: Program. Defendants convicted in Bremerton Municipal Court are directed to the Community Service Wode: Program (CSW) to provide a specified number of hours oflabor 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. KCRfAmeriCorps 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 wode:. 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 b e forwarded tot he Court by the 5 th day 0 f e ach 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 50l.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 KCRfAmeriCorps 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, 2003 and will terminate December 31, 2005. 3. COMPENSATION: City shall pay KCRfAmeriCorps the sum of seventeen thousand two hundred dollars ($17,200.00), for the years 2003, 2004, and 2005. Line item budget sheets for each applicable year are enclosed in Addendum A. 1 ProfessiODa1 Services Agreement! Bremerton Community Service Program with Kitsap Community Resources! AmeriCnrps. Drafted 8/02 - - 4. PROGRAM DESCRIPTION: KCR/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 1st through October 15th KCR/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. S. RELATIONSHIP OF PARTIES: The parties understand and agree that KCR/AmeriCorps 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/AmeriCorps 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/AmeriCorps shall work under the direction of the Administrative Service Director. 6. INDUSTRIAL INSURANCE: KCR/AmeriCorps agrees to provide for State industrial insurance coverage for its personnel as required by State Law. 7. LICENSE AND TAXES: KCR/AmeriCorps 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/ 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, KCR/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 KCR/AmeriCorps under this Agreement. Risk Manager shall be provided thirty (30) days' written notice of any cancellation of said professional liability insurance. KCR/AmeriCorps agrees to defend, indemnitY 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 KCR/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 ProfOlllioaa1 Services Agreement! Bremerton Comrmmity Service Program with Kitsap Comrmmity ResourcealAmeriCorps. Drafted 8/02 ,-. - 9. GENERAL CONDITIONS: a. Reports and Information - KCRfAmeriCorps, at such times and in such forms as the City may require, shall furnish the city such reasonable periodic reports and docwnents 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 or vans, vehicle for abatement clearing, maintenance on said vehicles, including all regularly scheduled preventative maintenance and/or corrective maintenance required during normal operation. The City also agrees to pay all insurance and 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 Administrative Service Director or designee shall suspend service or agree to provide travel claim expenses at .365 cents per mile for any K CR 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 KCRfAmeriCorps or by KCRfAmeriCorps to the City shall be in writing and delivered to the parties at the following addresses: City Clerk Russ Donahue, KCRfAmeriCorps 239 Fourth St. 802 7th Street Bremerton, W A. 98337 Bremerton, W A 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 - KCRlAmeriCorps 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 shaH be in Kitsap County Superior Court. i. 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. 3 Profeuiolllll Services Agreement! Bremerton Community Service Program with Kitsap Community Resources! AmeriCorps. Drafted 8/02 - """ 10. NONDISCRIMINATION: KCR/AmeriCorps 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 0 ther a nd does not commence correction with in five ( 5) days 0 f 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/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: g~/o;L BY: UI4.."I C7-- Y EYE~tive Director r -.~~ too..,.Q P,er(~^ MERTON Date:~ BY: DEPARTMENTAL APPROVAL: ~ 0i.-( O~ KATHLEEN McCLUSKEY, Almwstrative Service Director APPR TO FORM: ~r ROGER LUBOVICH, 1 4 Profeai0Jl81 Services Agreement! Bremcrton Community Service Program with Kitsap Community Resources! AmeriCllIpS. Drafted 8/02 .-. - August 20, 2002 To: Penny Hill City OfBremerton From: Russ Donahue, AmeriCorps Program Director Kitsap Community Resources Subj: City of Bremerton CSW Budget proposal for calendar years 2003, 2004, and 2005. At your request we are submitting a contract budget proposal for the Bremerton Municipal Court Community Service Worker Program for three years instead of one. The only increases are for $750.00 per member to cover increased AmeriCorps member cash match requirements, and $1,200 for supervisor salary for all all three years of the proposed contract. In 2003, 2004, and 2005 we are requesting annual funding of $17,200. The following is a breakdown of the proposed funding: $ 1,100.00 $ 2,400.00 ent & Liabili $ 2,700.00 $17 200.00 $ 1,500.00 $ 2,400.00 ent & Liabili $ 2,700.00 $17 00.00 $ 1,500.00 $ 2,400.00 $ 2,700.00 $17 200.00 Please let me know if there is any additional information you require for your budget hearings. I look forward to continuing our successful working relationship in the CSW program. ~ De, ,,/.-, cc: Kathy McCluskey Bill Eley 5 Profeuioaa1 Services Agreement! Bremerton Comnwnity Service Program with Kitsap Comnwnity Resourcell AmeriCorps. Drafted 8/02 ~ - 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: KCRlAmeriCorps 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 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. c. Monthly report indicating sites and hours worked daily. d. Incidental reporting should be forwarded to the Court in a timely manner. Detennination of status is the responsibility of the KCRf AmeriCorps coordinators. e. Monthly reporting should be forwarded to the Court by the Sib day of each month while this contract is in effect or within S working days of termination of this agreement. Defendants may do 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 approved at the discretion of the KCRf AmeriCorps staff on the basis of the following circumstances: 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 I, 2000 and will terminate December 31, 2002. 3. COMPENSATION: City shall pay KCRfAmeriCorps the sum of fourteen thousand dollars ($14,000.00), for the year 2000, fifteen thousand dollars ($IS,OOO.OO), for the year 2001, and fifteen 1 Professional Services Agreement! BremertOll CommlUlity Service Program with Kitsap CommlUlity Resources! AmeriCorps. Drafted 10/99 - - thousand dollars ($15,000.00), for the year 2002. Line item budget sheets for each applicable year are enclosed in Addendum A. 4. PROGRAM DESCRIPTION: KCRfAmeriCorps will operate the program in the City of Bremerton. Report dates fur defendants will be established by the Court and will be from October 15th through September 30th of each contract year. October 1st through October 14th KCRfAmeriCorps 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 KCRf AmeriCorps is an organization skilled in matters pertaining to community service programs and will perfurm. 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 tbey have no authority to bind neither City nor control employees of the City, contractors, or other entities. Within the performance of these duties, KCRf AmeriCorps shall work under the direction of the Administrative Service Director. 6. INDUSTRIAL INSURANCE: KCRfAmeriCorps agrees to provide for State industrial insurance coverage fur 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 comprehensive general liability insurance, providing coverage of at least $1,000,000.00 (one million), for work in connection with the work to be performed by KCRfAmeriCorps under this Agreement. Risk Manager shall be provided thirty (30) days' written notice of any cancellation of said comprehensive general 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. 9. GENERAL CONDITIONS: 2 Professional Services Agreement! Bremerton CommlDlity Service Program with Kitsap CommlDlity Resourcesl AmeriCorps. Drafted 10/99 - - 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 vehicle for abatement clearing, maintenance on said vehicles, including all regularly scheduled preventative maintenance and/or corrective maintenance required during normal operation. The City also 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 Administrative Service Director or designee shall suspend service. 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 KCRfAmeriCorps to the City shall be in writing and delivered to the parties at the following addresses: City Clerk Russ Donahue, KCRf AmeriCorps 239 Fourth St. 802 7th Street Bremerton, WA. 98337 Bremerton, WA 98337 1: 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. 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, ifany. 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. 3 Professional Services Agreement/ Bremerton Community Service Program with Kitsap Comnnmity Resources! ArneriCorps. Drafted 10/99 - .... 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 with 5 days notice 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 KCRlAmeriCorps 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: I /~ 100 BY: ~ L Executive Director CITY OF BREMERTON Date: l- {~-OC By:~/dJ L HORTON, Mayor DEPARTMENTAL APPROVAL: ~...~ {V\....( Q- KATHLEEN McCLUSKEY, Administrative Service Director 4 Professional Services Agreement! Bremerton CommWlity Service Program with Kitsap ComrnWlity Resourcesl AmeriCorps. Drafted 10/99 - ~ October 7. 1999 To: Penny Hill City Of Bremerton From: Russ Donahue, AmeriCorps Program Director Kitsap Community Resources Subj: City of Bremerton CSW Budget proposal for calendar years 2000, 2001, and 2002. At your request we are submitting a contract budget proposal for the Bremerton Municipal Court Community Service Worker Program for three years instead of one. The only increase is for $1,000.00 to cover increased AmeriCorps member cash match requirements in years two and three of the proposed contract. In 2000 we are requesting annual funding ofs I 4,000. In 200 I and 2002 we are requesting annual funding ofs I 5,000. The following is a breakdown of the proposed funding: $ 1,100.00 $ 1,200.00 - $ 2,700.00 . $14 000.00 $ 1,500.00 $ 1,200.00 Insurance for two vehicles $ 2,700.00 $15,000.00 $ 1,500.00 $ 1,200.00 (Insurance for two vehicles) $ 2,700.00 $15,000.00 Please let me know if there is any additional information you require for your budget hearings. I look forward to continuing our successful working relationship in the CSW program. F-uss PlmA-h-Ue. CC: Kathy McCluskey Bill Eley - - ADDENDUM TO CONTRACT 3601 WHEREAS, the CITY OF BREMERTON, a municipal corporation (herinafter referred to as "City"), and KlTSAP COMMUNITY RESOURCES, a duly organized corporation, (hereinafter referred to as "KCR") hereto entered into a Contract, dated January 1,1995 as amended January 1,1998, and, WHEREAS, the parties desire to extend the Contract for an additional one (1) year term, NOW, THEREFORE, in consideration for the mutual covenants set forth below, the parties agree as follows: I Section 2. Term shall be amended to read as follows: Contract shall commenCl:: on January I, 1999 and will temlinate December 31, 1999. ;I<J -. II ,'. ., ~~,:~'~ f ",:,,.. Section 3. COmpensation shall be amended to read as follows: City shaIlpay KCR the sum of Fourteen Thousand Dollars ($14,000), in equal monthly installments of One Thousand, One Hundred Sixty-six Dollars and Sixty-six cents ($1,166.66), for the services provided hereunder. III The City of Bremerton and Kitsap Community Resources agree that all provisions of the original Agreement which are not in conflict with this Addendum or the January I, 1998 Addendum to the Contract, shall remain in full force and effect. CITY OF BREMERTON KlTSAP COMMUNITY RESOURCES DATE:~\L\c\~1 DATE: ~~ -,5-CjCj BY:~~ 144- Byd~ 4~ L N S. HORTON, Mayor Executive Director APPROVED AS TO FORM: BY: ~ !~~0 e rtl4/h 1UM' ~ ~. - CIty Attorney RECEIVED FOR FILING: \<.. ~ KATHLEEN L McCLUSKEY, CITY CLERK - PROPBSSrONAL SERVrCBS AGREEMENT Bre.erton Community service Program THrS AGREEMENT is between the City of Bremerton, a municipal corporation (hereinafter referred to as "city") and Kitsap Co~unity Action Program/PACK, (hereinafter referred to as "KCAP/PACK"). W r T N E SSE T H: 1. SCOPE: KCAP/PACK agrees to manage the City of Bremerton Community Service Work Program. Defendants convicted in Bremerton Municipal Court are directed to the Community Service Work Program to provide a specified number of hours of labor for the City in lieu of jailor fines. The Bremerton Municipal Court will provide KCAP/PACK with a form for each individual, which form shall include the defendant's name, start date and number of community service hours to be performed by the defendant. KCAP/PACK 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. A monthly summary report indicating the number of individuals referred to KCAP/PACK, total hours of service performed, and number of "no shows" will be provided to the Bremerton Municipal Court on a monthly basis. 2. TERM: Contract shall commence on January 1, 1995 and will ~ terminate December 31, 1995. ~ 3. COMPENSATrON: City shall pay KCAP/PACK the sum of ~e ~ ~ Thousand Five Hundred Dollars ($5,500.00), in equal mo~hly ~- installments, for the services provided hereunder. In addition to KCAP/PACK's fee, the City will provide, at no cost to KCAP/PACK, office space in suite 208 (656 square feet) of the Fourth street Building, together with utilities. No janitorial services will be provided. .. . RBLATrONSHrp OP PARTrES: The parties understand and agree that KCAP/PACK is an organization skiilled in matters pertaining to community service programs and will perform independent functions and responsibilities in the area of its particular field of expertise. KCAP/PACK and its personnel shall act as independent contractors and not employees of the City. As such they have no authority to bind the City nor control employees of the City, contractors, or other entities. within the performance of these duties, KCAP/PACK shall work under the direction of the PROFESSIONAL SERVICES AGREEMENT -1- KCAPPACK.PSA - Disk 11 - 12/9/94 - - Administrative Service Director. s. INDUSTRIAL INSURANCE: KCAP/PACK agrees to provide for State industrial insurance coverage for its personnel as required by State law. 6. LICENSE AND TAXES: KCAP/PACK shall possess a current Bremerton Business License and any regulatory license required to fulfill its obligations under this Agreement. B & 0 taxes shall be paid when due and KCAP/PACK, 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 AND HOLD HARMLESS: Prior to and during the performance of the work covered by this Agreement, KCAP/PACK 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 against professional liability or errors and omissions in connection with the work to be performed by KCAP/PACK under this Agreement. Risk Manager shall be provided thirty (30) days' written notice of any cancellation of said professional liability insurance. KCAP/PACK 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 KCAP/PACK, 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. 8. GENERAL CONDITIONS: a. Reports and Information - KCAP/PACK, 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 this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Agreement. KCAP/PACK will maintain accounting records in accordance with generally accepted accounting principles and practices to substantiate all invoiced amounts. PROFESSIONAL SERVICES AGREEMENT -2- KCAPPACK.PSA - Disk 11 - 12/9/94 - - b. 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. c. Amendments - The parties hereby further agree that this Agreement cannot be amended or modified without the written concurrence of both parties. d. Notices - Any notices required to be given by the City to KCAP/PACK or by KCAP/PACK to the City shall be in writing and delivered to the parties at the following addresses: City Clerk Diana Theroux 239 Fourth st. Kitsap Community Action Program/PACK Bremerton, WA. 98337 245 Fourth street Building Bremerton, WA. 98337 e. 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. f. Compliance with state, Local and Federal Laws - KCAP/PACK agrees to comply with all applicable local, state and federal laws in performance of all services under this Agreement. g. 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. h. 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. 9. NONDISCRIMINATION: KCAP/PACK 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. 10. TBRMINATION: 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 within 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 KCAP/PACK is advising the City as of the effective date of PROFESSIONAL SERVICES AGREEMENT -3- KCAPPACK.PSA - Disk 11 - 12/9/94 - - termination. IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year indicated. KITSAP COMMUNITY ACTION PROGRAM/PACK Date: /~~J,<{ ~ I I BY: LARRY YE, Director CITY OF BREMERTON Date: \~\~\ \Cii BY :~ -,J. yj..,L. L NN HORTON, Mayor -.:.:-- ~- l \L\",U1- jL. KATHLEEN McCLUSKEY, dministrative Services Director ~FO~' AN R. EVERS~ City Attorney PROFESSIONAL SERVICES AGREEMENT -4- KCAPPACK.PSA - Disk 11 - 12/9/94 - - ADDENDUM TO CONTRACT 3601 WHEREAS, the CITY OF BREMERTON, a municipal corporation (hereinafter referTed to as "City"), and KITSAP COMMUNITY ACTION PROGRAM, a duly organized corporation, (hereinafter referred to as "KCAP") hereto entered into a Contract, dated January 1, 1995, as amended January 1997, and, WHEREAS, the parties desire to extend the Contract for an additional one (1) year term, NOW, THEREFORE, in consideration for the mutual covenants set forth below, the parties agree as follow: I. That the name of Kitsap Community Action Program has been changed and shall be hereafter known as KITSAP COMMUNITY RESOURCES and hereinafter referred to as "KCR". II. The tenn of the Agreement executed by the parties hereto on January 1, 1995 shall be extended from January 1, 1998 through December 31, 1998. III. That City shall pay KCR Twelve Thousand and no/100 dollars ($12,000.00) for services. Payment shall be made in twelve equal monthly installments of One Thousand and no/100 dollars ($1,000.00), beginning in January 1998. In addition, the City will pay to KCR the sum of One Thousand Dollars ($1,000.00) for the purchase of auto liability insurance required in Section IV of this Agreement. IV. That Insurance and Hold Harmless requirements are amended to include: KCR shall provide the Risk Manager ()f the City with evidence that it has obtained and maintains in full force and effect duri, the term of this Agreement a policy of automotive liability coverage in the amount $1,000,000.00, naming the City of Bremerton an additional - -- insured. Further that KCR 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 claims or lawsuits for damages resulting from errors or omissions, or personal, 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, employees, volunteers, successors or assigns. This provision shall be inapplicable to the extent the City is judicially found solely negligent for such damage or injury. V. That the scope of work shall be amended to include weed abatement services coordinated through the Department of Community Development.. VI. The CITY OF BREMERTON and the KITSAP COMMUNITY RESOURCES, agree to all provisions of the original Agreement which are not in conflict with this Addendum to Contract shall remain in full force and effect. CITY OF BREMERTON KITSAP COMMUNITY RESOURCES Date: L.\ _"""\_ ~)( Date: ~/, 1,1 By:~;4 ~ By: ~ t;~ LYNN S. HORTON, Mayor EXECUTIVE DIRECTOR ~~ rk 4~/-qg (3c>Q.,62 Fret' tJe Nt - -, ADDENDUM TO CONTRACT 3601 WHEREAS,the CITY OF BREMERTON, a municipal corporation, and K1TSAP COMMUNITY ACTION PROGRAM (KCAP), a duly organized corporation, hereto entered into a Contract, dated January 1, 1995, and WHEREAS, the parties desire to extend the Contract for an additional one (1) year, NIOW, THEREFORE, in consideration for the mutual covenants set forth below, the parties agree as follows: I. Section 2. Term shall be amended to read as follows: Contract shall commence on January 1, 1997 and will terminate December 31, 1997. II. Section 3. Compensation shall be amended to read as follows: City shaH pay KCAP the sum of Twelve Thousand Dollars ($12,000), in equal monthly installments of One Thousand Dollars ($1,000) for the services provided hereunder. III. The City of Bremerton and Kitsap Community Action Program agree that all provisions of the original Agreement which are not in conflict with this Addendum to Contract, shall remain in full force and effect. K1TSAP COMMUNITY ACTION PROGRAM DATE: /-:19-q7 BY:~4 ~~JrMduJ CITY OF BREMERTON DATE: ~\\:, \11 By: ~ .;J. -d-L YNN S. HORTON, Mayor ATTEST: B~ ~\f\J..-~ tHLEEN MCCLUSKEY, City Clerk ~ OF B~~ - " ~ . . ADDENDUM TO CONTRACT 3601 WHEREAS, the CITY OF BREMERTON, a municipal corporation, and KlTSAP COMMUNITY ACTION PROGRAM (KCAp), a duly organized corporation, hereto entered into a Contract, dated January 1,1995, and WHEREAS, the parties desire to extend the Contract for an additional one (1) year, NOW, THEREFORE, In consideration for the mutual covenants set forth below, the parties agree as follows: I. Section 2. Term shall be amended to read as follows: Contract shall commence on January 1, 1996 and will terminate December 31,1996. II. Section 3. Compensation shall be amended to read as follows: ~;::;- City shaH pay KCAP the sum of Five Thousand Five Hundred Dollars ($5,500), I,I ,,"tu..I,llvl,lhly 1rllMaII" I...il::;, for the services provided hereunder. In addition to KCAP's fee, the City will provide, at no cost to KCAP, office space in the Fourth Street Building or some other building as deemed suitable by the City. No janitorial services will be provided. III. The City of Bremerton and Kitsap Community Action Program agree that all provisions of the original Agreement which are not in conflict with this Addendum to Contract, shall remain in full force and effect. K1TSAP COMMUNITY ACTION PROGRAM DATE: By: "'~ ~d~ DATE: 'L.\ 2\'4.'-0 CITY OF BREMERTON L By: ~ -0. 7L LYNN S. HORTON, Mayor ATTEST: BY\<..- ~c c).,. a KATHLEEN MCCLUSKEY, ity Clerk , - - PROFBSSIONAL SBRVICBS AGREEMBNT Br..erton community service proqr.. THIS AGREEMENT is between the city of Bremerton, a municipal corporation (hereinafter referred to as "city") and Kitsap Community Action Program, (hereinafter referred to as "KCAP"). WIT N E SSE T H: 1. SCOPE: KCAP agrees to manage the City of Bremerton Community service Work Program. Defendants convicted in Bremerton Municipal Court are directed to the Community service Work Program to provide a specified number of hours of labor for the City in lieu of jailor fines. The Bremerton Municipal Court will provide KCAP with a form for each individual, which form shall include the defendant's name, start date and number of community service hours to be performed by the defendant. KCAP 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. A monthly summary report indicating the number of individuals referred to KCAP, total hours of service performed, and number of "no shows" will be provided to the Bremerton Municipal Court on a monthly basis. 2. TERM: Contract shall commence on January 1, 1995 and will terminate December 31, 1995. ~ 3. COKPENSATION: City shall pay KCAP ~he of Five \\J Thousand Five Hundred Dollars ($5,500.00), in qual monthly ~ installments, for the services provided hereunde . In addition to KCAP's fee, the City will provide, at no cost to KCAP, office space in suite 208 (656 square feet) of the Fourth street Building, together with utilities. No janitorial services will be provided. .. . RELATIONSHIP OF PARTIES: The parties understand and agree that KCAP is an organization skiilled in matters pertaining to community service programs and will perform independent functions and responsibilities in the area of its particular field of expertise. KCAP and its personnel shall act as independent contractors and not employees of the city. As such they have no authority to bind the City nor control employees of the City, contractors, or other entities. within the performance of these duties, KCAP shall work under the direction of the Administrative service Director. PROFESSIONAL SERVICES AGREEMENT -1- KCAP.PSA - Disk 11 - 2/21/95 ... .-.. .-., 5. INDUSTRIAL INSURANCE: KCAP agrees to provide for state industrial insurance coverage for its personnel as required by state law. .. LICElfSE AND TAXES: KCAP shall possess a current Bremerton Business License and any regulatory license required to fulfill its obligations under this Agreement. B & 0 taxes shall be paid when due and KCAP, 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. IIISURANCE AND HOLD HARMLESS: Prior to and during the performance of the work covered by this Agreement, KCAP 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 against professional liability or errors and omissions in connection with the work to be performed by KCAP under this Agreement. Risk Manager shall be provided thirty (30) days' written notice of any cancellation of said professional liability insurance. KCAP 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 ~ctions, claims or lawsuits for damages resulting from personal:~6~ 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 KCAP, 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. 8. GENERAL CONDITIONS: a. Reports and Information - KCAP, 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 this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Agreement. KCAP will maintain accounting records in accordance with generally accepted accounting principles and practices to substantiate all invoiced amounts. b. Entire Agreement - This Agreement constitutes the entire agreement between the parties and both parties acknowledge that PROFESSIONAL SERVICES AGREEMENT -2- KCAP.PSA - Disk 11 - 2/21/95 - - - there are no other agreements, written or oral, that have not been fully set forth in the text of this Agreement. c. Amendments - The parties hereby further agree that this Agreement cannot be amended or modified without the written concurrence of both parties. d. Notices - Any notices required to be given by the city to KCAP or by KCAP to the City shall be in writing and delivered to the parties at the following addresses: City Clerk Diana Theroux 239 Fourth st. Kitsap Community Action Program Bremerton, WA. 98337 245 Fourth street Building Bremerton, WA. 98337 e. 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. f. Compliance with state, Local and Federal Laws - KCAP agrees to comply with all applicable local, state and federal laws in performance of all services under this Agreement. g. 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. h. 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. t. HONDXSCRXHXHATXOH: KCAP 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. 10. 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 within 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 KCAP is advising the City as of the effective date of termination. PROFESSIONAL SERVICES AGREEMENT -3- KCAP.PSA - Disk 11 - 2/21/95 , - .-- IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year indicated. KITSAP COMMUNITY ACTION PROGRAM Date: ' f,its ,.-- EY,~ W ' CITY OF BREMERTON Date: 3\~<:>\q~ BY:~ -.4..JL L N HORTON, Mayor DEPARTMENTAL APPROVAL: ~~~ ~ MCCLUSKEY, Adm!n!.trative 'erv!ea. Director A P ~ORM: IAN R. SIEVERS, City Attorney PROFESSIONAL SERVICES AGREEMENT -4- KCAP.PSA - Di.k 11 - 2/21/95