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__________ ____ ______ _.________.. _____ --
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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 '"
'"
+ +
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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
~
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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