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HomeMy WebLinkAbout5.761 Original Contract ; ,- -~';'- " 5. 7lD I SUPPORTING AGENCY AGREEMENT The City of Port Angeles, hereinafter referred to as "the- City," and Black Ball Transpon, Inc., a corporation doing busmess mthe State of Wasliington, herein referred -to <if"tlie Supporting Agency," for and in consIderation of tb;' payments to 'be made by' otE?:l- supportmg agenCIes, and servIces to be perfomied by the CIty, reCIte, covenant and ~gl~e as follows: 1. The partIes hereby adopt and incorporate herem by this reference, the "Agreement for the Downtown Resource Officer Program," which is marked Exhibit A, attacbed hereto, and may hereafter be referred to as "the DRO Agreement." The terms, conditwfls) representatlOns, and agreements stated m the DRO Agreement are adopted as 11' statcli fully m this Agreement. 2. The Supportmg Agency intends to be a supportmg agency as defined in the DRO Agreement. In that respect, the Supportmg Agency understands and acknowledges th,-i1 the City and the other supportmg agencies rely on the payment to be made by the supporting agency, as stated herein, as an essentIal part of the conSIderation for the DR e) Agreement. 3. The supporting agency hereby promises and agrees to pay to the City, as Ci supporting agency, under the terms and conditions and for the purposes of the DRO Agreement, the sum of $1,000 each year for 3 years,-2006, 2007 and 2008. Payme!lt~.. shall be made quarterly; and shall be paId within 30 days after the agency receIves 8F invoice from the CIty for the quarterly mstallment payment. 4. The parties acknowledge and agree that the supporting agency's obligatIOn t('1 make payments IS absolute and uncondltlOnal and w1l1 survIve revocation of the DRO Agreement and of thIS Agreement. 5. The City covenants and agrees that it w1l1 provide the downtown resource officer in accordance with the DRO Agreement. 6. The term of thIS agreement shall be coextensive WIth the term of the DRO Agreement. 7. ThIS agreement may be amended, modified, termmated or changed only by the written agreement of the City and all of the parties who are now or who later become supportmg agenCIes of the DRO Agreement. 8. The failure of any other supportmg party of the DRO Agreement to pay its finanCial obligation shall not dimIlllsh, terminate, annul, vitiate, suspend, or constitute a condItlon precedent to the obligation of the supporting agency as stated herein and IS not a condition precedent to the obligation of the supportmg agency as stated herem. DROSupportmgAgencyAgreement -BlackBall Word Document 1 , > .. DATED thIS .,tq t>\... day of y CITY OF PORT ANGELES ATTEST: By ,^o ~ie..R ))pm ^- January 3, 2006 , " I, ,'/ , \.. ' .... :' ~ DROSupportmgAgencyAgreement -BlackBall Word Document ,2005. BLACK BALL TRANSIT, INe. By ~~~2~t 2 , ~ (. . -~ -~;!, : ~ , ','.' , I, ,- " '\ : II,,' " " ,;", .; , ~. J.. ,-- , ' ~ 1 ' I ~ I, ", , '- :,~~.. AGREEMENT' -.. for THE DOWNTOWN RESOURCE OFFICER PROGRAM THIS AGREEMENT made and entered into by and among the Supporting Agencies, hereafter defined, and the City of Port Angeles (hereinaftcl referred to as City). In consideration of the agreement of the City to provide a Downtown Resourct' Officer (DRO) and of each of the Supporting Agencies to share a portion of the cost of providing the DRO, it is mutually agreed as follows: I. , The Supporting Agencies and the City agree that it is in the best interest of the parties to assign a Downtown Resource Officer to the Port Angeles Downtown District. Each entity described as a Supporting Agency agrees to pay to the City a specific amount of money toward the cost of the DRO. Each person, company and entity identified as a Supporting Agency shall sign a separate agreement. All of those separate agreements are incorporated herein by this reference The obligation of each Supporting Agency is an essential part of the consideration for this agreement. The obligation of each supporting agency is unconditional. The obligation of the City to provide the DRO is unconditional. In making and entering into the Supporting Agency Agreement, the City and each individual Supporting Agency is relying upon the promise, of the City and of each other Supporting Agency. to make the payments identified in each Supporting Agency Agreement. The parties recognize and agree that the DRO is a new and unique position. The City has no existing duty or obligation to provide such an officer. The City, on its own, does not have sufficient resources or budget to provide such a DRO. Nevertheless, the parties believe that it is in the best interest of the public that this position be created. For that purpose the parties join together and combine funding and resources to provide this position for at least a period of three years. II. The Port Angeles Police Department (the Department) will assign one regularly employed commissioned Port Angeles police officer to serve in the Port Angeles Downtown District (as defined in Attachment A) as a Downtown Resource Officer. The DRO will provide a uniformed presence in the Downtown to promote safety and serve as a dedicated resource to the Downtown businesses and visitors. The DRO will patrol the Downtown areas to identify, investigate, deter, and attempt to prevent crime, especially those incidents involving graffiti, weapons, violence, harassment, gang involvement, drugs, or other similar activities. In addition, the DRO will provide .1+ I 1 Downtown Resource Ofllcer . agreement . (t information, support, and probletp.-solving mediation and facilitation for the Port Angeles Downtown District. It is the intent of the parties that the DRO becOIpe familiar with, and an integral part of, the community that shelhe serves. To promote this level of service and prof(~S3i()nal relationship, the DRO will, whenever possible, utilize alternate modes of patrol, to include bicycle and foot patrol. III. The DRO shall at all times remain exclusively an employee ofthe City, subject only to the direction and control of the Department. The DRO shall remain responsive to the sup~rvlsir,n, and chain of command of the Department, which shall be responsible for hislher hiring, tl'.lini'ilr:; and discipline. Any allegation of improper conduct,by a DRO shall be referred to the DRO's imnkA-Jiate Department supervisor. The DRO will be assigned to the Downtown on a forty (40) hour work week throuehcut the year, minus any scheduled vacation time, sick time, training time, court time, or any oth~;r p; }Ece- related activity, including emergencies. Scheduled workdays and hours will be as dcscrji::ed in Attachment C. The DRO will not take more than a total of two weeks vacation from Memorial Da) thmugh Labor Day unless approved by hislher police supervisor. On scheduled workdays, the DROwill work on assignments as determined by hislher police supervisor. Overtime hours for the DRO that relate to regular law enforcement duties or that reasru;ahly relate to DRO duties must be authorized and approved by the police supervisor pdor 1"0 the performance of the overtime work and will be paid in accordance with established Dep~3'tLlent policies and procedures. IV. The P ADA shall be the representative ofthe Supporting Agencies with regard to sekdion of a DRO officer and coordination of the DRO program with the Department. The Police Chid: with advice from the Port Angeles Downtown Association (P ADA), will make selection and appotntm.ent of the DRO. The P ADA and Department may appoint two members each to a Selection Committee, which shall have the role of interviewing, evaluating and making recommendations to the ChiefofPoJice concerning the appointment of the officer to serve as the DRO. Based on selection criteria cited below, the Chief of Police shall appoint the DRO. Requirements for the DRO assignment shall include: ~ The DRO must volunteer for the assignment. k 01 (l Downtown Resource Officer - agreement 2 .' ". -....; ~ . < " "'J'" ,\ t \, I:) . ; ( ~ '\ ~ '~ : ~, 1. ~, - I' '_ '~te ~', 'f,':l }! I ~ .'; , , , ':' '"'_ ,,_'. : l " :'~. )L."'4! . '1"(,. r~l ~ >1 " -, \~;)~<:~ ; <, ~ ~ 'r ;' ,j > i.. ' ~ -l . , ",:t " , ('\1, " ~.; ...; ~ The DRO must be a fully commissioned non-probationary law enforcement officer. ~ The DRO must have an expressed desire and ability to engage in direct daily activity with Downtown businesses, shoppers, tourists and other Downtown stakeholders. The DRO must convey a positive police presence in the Downtown area and in the community. ~ The DRO must be highly motivated, productive, demonstrate high levels ('f ~elf- initiative and innovation, and be able to work well with minimal supervision The DRO must be in good physical-condition and present and maintain an e~'~:eUent uniformed appearance. ~ The DRO must have the ability to be a positive resource to the DO~\T:ltOwn businesses, shoppers, tourists and other Downtown stakeholders. The DRG's education, background, experience, interest level and communication sl\i11s r,Lm~t be such that the DRO can effectively and accurately be a resource, liaison ane: mentor for the Downtown area he or she - serves. ~ The DRO must agree to attend any training or classes necessary to increase hif, or her skills for the position. DRO assignment vacancies will be filled in accordance with this Agreement. The P ADA shall appoint a DRO Coordinator (BROC). In the event the DROC ha:, cause to believe that the particular DRO is not effectively performing in accordance with this Agreement, the DROC may recommend to the Department, in writing, that the DRO be H:'J1loved from the program. To initiate the replacement of an DRO, the DROC will recommend to the Chief ofPuEee that the DRO be replaced, stating the reasons in writing. Within a reasonable period of tin,e after receiving the recommendation, the Chief of Police will meet with the DROC or his/her desigm~e, to mediate or resolve the problem that may exist. Ifthe problem cannot be resolved or mediated" in the opinion of both the DROC and Chief of Police, or their designees, the DRO will be remove:' from the program and a replacement DRO will be selected in accordance with this Agreement. This process shall not exceed thirty days. v. In the event of the resignation, dismissal, or long-term absence (more than 30 days} of the DRO, the Department shall provide a replacement within 30 days of the notification of the absence. In the interim, existing resources will be scheduled to provide partial coverage to the Dmvntown area. The DRO is a new position and an officer must be hired and trained to replace the D RO in the existing Police Department staff. The hiring and training process for a new police officer takes A- I 3 Downtown Resource Officer - al.'feement 3 from eight to ten months. The officer selected as DRO will be appointed to that position at the time this agreement becomes effective. He/She will act as a part time DRO as other duties and -responsibilities allow until such time as a replacement officer is hired and trained. The Police l ,: Department will direct the part-time DRO and other Department personnel to fulfill the spirit ofthjs :;.-! : agreement to the best of the ability of the Department, given other responsibilities, until an additional officer is hired and trained. Upon completion of the new officer's training and assignment to patrol duties, the DRO will be relieved of his /her regular duty and will be assigned solely as the full time . : dedicated DRO in the Downtown District. ~, 1. f. ".' ' . VI. The duties and responsibilities of the DRO while on duty include, but are not limited to, '~ 'the following: 1... I.', . ~ t ~ -:. i ~, ;, , i '(~ I ~ '; ; ~ . ~ " ," , ", , f;\ ~ ~ -,jl, " ~ , . , . .. ~ A- ~ Regularly wear the official police uniform, including firearm, with civilian attire being worn on such occasions as may be mutually agreed upon by the Chief of Po lice and the DRO. ~ Establish and maintain a working rapport with the Downtown Association and other stakeholders. Act as a resource person in the area of law enforcement education at the request of the stakeholders, speaking to employees on employee safety, theft, loss prevention, ---cfiminallaw~e-arcli and"seizure, Clrogs, motor vehicle laws, etc--:- - - --- - - - -- Assist in the promotion of a safe and orderly Downtown environment. Investigate crimes or other incidents in the Downtown, making arrests when appropriate, and making the necessary notifications to businesses. Participate in meetings, presentations, and other Downtown activities. Maintain an activity log, to include all DRO activities such as meetings, conferences, events, arrests, investigations, training, and any other items or occurrences, which are required by the police supervisor. ~ Provide a monthly report, based on the activity log, to the police supervisor and DROC. ~ Perform other duties as mutually agreed upon by the Department, DROC and the DRO, provided the duty is legitimately and reasonably related to the DRO program as described in this Agreement and is consistent with Federal and State law, local ordinances, and Department policies, procedures, rules and regulations. ~ The DRO will not be a parking enforcement officer, except on an emergency basis. v- 7 Downtown Resource Officer - agreement 4 ~ The Supporting Agencies, collectively or individually, shall have no obligation, responsibility or liability for the acts, omissions, errors or conduct of the DRO, the Department or the City. VII. All parties understand and agree that: ~ Direction and control of personnel, standards of performance, discipline and other aspects of performance shall be governed entirely by the Department; ~ All persons rendering DRO services hereunder shall be exclusively employees of the City; ~ All liabilities for salaries, wages, any other compensation, work related injury or sickness of the DRO shall be that of the City; ~ Neither the making of this Agreement nor the creation ofthe DRO program relieves any Supporting Agency from its legal responsibility for the safety and security of its employees, and property, and this Agreement does not alter that responsibility; ~ The creation of the DRO program does not create special relationship between the -City and -any Supporting Agency - or -aiiy p~rsoi:i, company, or entity--iil -flieUPort- Angeles Downtown District. By entering into this agreement the parties stipulate and agree that the City does not make any assurances to any individual, person, company, business or entity. The City and the DRO owe no duty to any individual, person, company, business or entity that is greater than, special, or different than the duty owed to the general public. VIII. The Parties agree that no significant impact on the environment will result from this Agreement. IX. This Agreement expresses the entire agreement of the parties and may not be altered or modified in any way unless such modifications are reduced to writing, signed by both parties and affixed to the original Agreement. This Agreement shall become effective immediately and shall be in force through December 3 I, 2008, when it will expire. DRO Agreement 080105 doc .' It- ~ Ct Downtown Resource Officer - agreement .5 I ~., 1i~ DROPROGRAM-ATTAQRMENTA THE DOWNTOWN AREA SHALL BE DEFINED AS FOLLOWS: 1. To include the Port Angeles waterfront, extending from the west margin ofVal1ey Creek Estuary Park on the west to the east margin of Francis Street Park on the east, limited to the Waterfront Trail right of way and encompassing both parks 2. To include both sides of Railroad Avenue (if extended) from the east margin 0 f where Peabody Street (if extended) would intersect with the Waterfront Trail to the '~vcst margin of Valley Creek Estuary Park 3. To include both sides.ofFirst Street and Front Street, from the east margin of Peabody Street on the east to the west margin of Valley Street on the west 4. To include the north side of Second Street (if extended) from the west margin of Valley Street to the east margin of South Laurel Street 5. To include South Laurel Street from the north margin of Second Street to the north margin ofthe Fifth Street Alley North 6. To include the north side of the Fifth Street Alley North (if extended) from the east _ m~rgin of Soutp Laurel Street to the west margin of tl1e Police Department lot, then north to East 4th Street, then east to Peabody street - 7. To include the west side of Peabody Street from the north margin of Fifth Street Alley North (if extended) to where Peabody Street (if extended) would intersect with the Waterfront Trail fr 0= Oowf"llDl,o,TI Area t/ j-.. ..-,._.._____,_.__f I , i. \ '') """,-- ~""-,....._"'....,.....,....-.-:;;:'"~". -#J' ~~;~ ~ ----------- --- fL~- ~/ --.. ....' ~/ --- / l I / I f ~ 9' 6 DRO PROGRAM - ATTACHMENT B . JOB DESCRIPTION Overall Job Objective Under general supervision and in cooperation with downtown stakeholders to perforrn community policing, patrol, investigations, crime prevention, law enforcement, and gen~rany provide for the safety of persons, and to perform related duties as required in the do'''- 1;J~}'.Vl1 area. '...." Duties and Responsibilities 1. Uses problem solving skills, creativity, and innovative approaches, identiJics community concerns, presents options of courses of action, identifY resouree~~> plan for implementation of desired changes, and evaluate success. 2. Interacts and works with diverse groups of people within the department, cmnmunity, and downtown area to provide service and collect information. ,I 3. Patrols the downtown area ofthe City on foot, bicycle, motor scooter and/or i~! a police patrol vehicle to best facilitate community oriented policing and probk~m solving. This includes the following:~ · Obtains information and increases knowledge of persons, businesses. and conditions within the downtown area. . Identifies the cause of crime within the downtown area. · Works with downtown stakeholders to identifY and analyze crime. and other problems within the downtown area. . Anticipates crime trends and makes plans to break negative pattems before they become established. . Helps create an environment in which downtown stakeholders an; motivated to organize and assist in the implementation of problen,-solving strategies. · Works with youth in daily activities and special projects benefiting the downtown area environment. . Documents and maintains records pertaining to crime prevention/community policing duties and tasks, case reports, investigations, arrests, and other related work activities in the downtown area and prepares monthly reports of same. 4. Coordinates information and resources among Department employees, public and private agencies, and citizens regarding criminal problems and solutions. It 7 71 Downtown Resource Officer - al(feemenl 7 .. " ~ This includes the following: . Works with other Department employees (commissioned and non- commissioned) as well as public and private agencies in designing and implementing problem solving strategies. . Locates and organizes resources needed to implement strategies. . Shares information with other Department members. . Establishes two-way communication and acts as an information source to citizens regarding downtoWn crime problems and solutions. 1'.,,' . \ , : ~ 5. Other duties, responsibilities, experience, competencies, physical requirements same as general commissioned police officer. :.\' , " r' , , f', :A- ?S )1 Downtown Resource Officer - al(Tcement 8 " . , " DROPROG~-ATTACHMENTC DRO WORK SCHEDULE The intent of the DRO's work schedule is to provide flexibility in order to maximize effectiveness and efficiency, while at the same time maintaining accountability. As the "Downtown Community Policing Officer" the,DRO is expected to take a leadership role in addressing issues, which affect the Downtown 24 hours per day and seven days per week. It is therefore expected that the DRO will be allowed to, with approval of his or her supervisor and as in accordance with the current Bargaining Agreement, and in consultation with the DROC, adjust his/or her regular 40-hour work schedule to meet and address current downtown needs and issues. This could include working four ten hour days during the busier summer months, working later hours during special events, or working earlier hours to attend meetings. It is to be stressed that the DRO will communicate with other Police Department members and facilitate a synergistic effort to address Downtown issues during his or her off time and absences. It- I 9 Downtown Resource Officer - aln"cemcnt 9