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HomeMy WebLinkAbout5.761 Original Contract (6) S.7l..Q1 :Fll:ED'f\Y?'11'r.C,'Ofl,) 'I, r 1'rH; 1-'EGII!;S r ::FCrN OF (Jfl- rrt~Z:;~~"'''~ _ .n, ~:;~:'::~";:L~~~:~-- ?OO~ J!\\J "'7 'pf-' 3" '-0 ...." II ,.i, '- I!" Lf I Filed at the request of: City Clerk City of Port Angeles 321 E. Fifth St. P. O. Box 1150 Port Angeles, W A 98362 \11I1I'\llIlIi~'JI , 2006 1173963 County @ i J Document Title: Supporting Agency Agreement Description: Supporting Agency Agreement - between City of Port Angeles and Port of Port Angeles for funding of Downtown Resource Officer - January 3,2006 City Clerk File No.: 51_'110-' ~ - " 5. -r ~ 1 SUPPORTING AGENCY AGREEMENT The City of Port Angeles, heremafter referred to as "the City,'~ and Port ot:-Port.Apgeles, a MVII\"~ p",' ~"fDrA-r:b~ doing busmess in the State of Washington, herem referred tg as "the Supportmg Agency," for and in consideratiOn of the payments to be made by other supporting agencies, and services to be performed by the City, recite, covenant and agree as follows: 1. The parties hereby adopt and incorporate herein by this reference, the "Agreement for the Downtown Resource Officer Program," which is marked Exhibit A, attached hereto, and may hereafter be referred to as "the DRO Agreement." The terms, conditions, representations, and agreements stated m the DRO Agreement are adopted as If stated flllly in this Agreement. 2. The Supporting Agency intends to be a supporting agency as defined m the DRO Agreement. In that respect, the Supporting Agency understands and acknowledges that the City and the other supporting agencies rely on the payment to be made by the supporting agency, as stated herein, as an essential part of the conSideratiOn for the DRO Agreement. 3. The supportmg agency hereby promises and agrees to pay to the City, as a supporting agency, under the terms and conditions and for the purposes of the DRO Agreement, the sum of $2,000 each year for 3 years, 2006, 2007 and 2008. Payments shall be made quarterly, and shall be paid within 30 days after the agency receives an invoice from the City for the quarterly installment payment. 4. The parties acknowledge and agree that the supporting agency's oblIgation to make payments is absolute and unconditional and will surviVe revocation of the DRO Agreement and of this Agreement. 5. The City covenants and agrees that it will 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, terminated or changed only by the written agreement of the City and all of the parties who are now or who later become supporting agencies of the DRO Agreement. 8. The failure of any other supporting party of the DRO Agreement to pay itS finanCial oblIgation shall not dimimsh, termmate, annul, vitiate, suspend, or constitute a conditiOn precedent to the obligation of the supporting agency as stated herem and is not a condition precedent to the obligatiOn of the supportmg agency as stated herein. DROSupportmgAgencyAgreement -Port Word Document 1 ~,}l . ..' ..- . . ' DATED this ~?~ day of flod<.J''':>! , 2005. PORT OF PORT ANGELES Approve ( as to f~~ ATTEST: By 60,~ .J.4i:o^- January 3, 2006 " '- \ '. DROSupportlllgAgencyAgreement -Port Word Document By ROBERT McCHESNEY Executive Director 2 . ; J 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 (hereinafter n:terred to as City). In consideration of the agreement of the City to provide a Downtown Resource 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 tl)c 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 am01mt of money toward the cost of the DRO. Each person, company and entity identified as a Supporting Agency shall sign c: separate agreement. All of those separate agreements are incorpOlated 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 Suppoding 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 i~ 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 ,It I 1 Downtown Resource Officer - aJU cement ""." -., information, support, and problem-solving mediation and facilitation for the Port Angeles Downtown District. It is the intent of the parties that the D R'O become familiar with, an~ an integral part of, the community that she/he serves. To promote this level of service and professional relationship, the DRO will, whenever possible, utilize alternate modes of patrol, to include bicycle and foot patrol. HI. The DRO shall at all times remain exclusively an employee of the City, subject only to the direction and control of the Department. The nRO shall remain respon~ive to the supervision and chain of command of the Department, which shall be responsible for his/her hiring, training, and discipline. Any allegation of improper conduct by a DRO shall be referred to the DRO's immediate Department supervisor. , The DRO will be assigned to the Downtown on a forty (40) hour work week tht\),l.!ghout the year, minus any scheduled vacation time, sick time, training time, court time, or any c;ther police- related activity, including emergencies. Scheduled workdays and hours will be as described in Attachment C. The DRO will not take more than a total of two weeks vacation from Memorial Day through Labor Day unless approved by his/her police supervisor. On scheduled workdays, the DRO will work on assignments as determined by his/her police supervisor. Overtime hours for the DRO that relate to regular law enforcement duties or that feasonably relate to DRO duties must be authorized and approved by the police supervisor prior to the performance of the overtime work and will be paid in accordance with established Department policies and procedures. IV. The P ADA shall be the representative of the Supporting Agencies with regard to selection of a DRO officer and coordination of the DRO program with the Department. The Police Chief, with advice from the Port Angeles Downtown Association (P ADA), will make selection and appointment 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 Chief of Police 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. /r ~ 7'. Downtown Resource OHicer - a~eement 2 ~ The DRO must be a fully commissioned non-probationary law enforcement officer. - ~ The DRO must have an expressed desire and ability to engage in direet dail:; activity with Downtown businesses, shoppers, tourists and other Downtown stakeholders. The DRO must convey a positive police presence in the Downtown arCE1 (!l1d in the community. ~ The DRO must be highly motivated, productive, demonstrate high le:vc\:; of self- initiative and innovation, and be able to work well with minimal supervIsion. The. DRO must be in good physical condition and present and maintain ::m ~xcellent uniformed appearance. ~ The DRO must have the ability to be a posItIve resource to the Dovvntown businesses, shoppers, tourists and other Downtown stakeholders. Th~ DRO's education, background, experience, interest level and communication 8knIs must be such that the DRO can effectively and accurately be a resource, liaisoD and mentor for the Downtown area he or she serves. ~ The DRO must agree to attend any training or classes necessary to increase his 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 (UROC). In the event the DROC r.d3 cause to believe that the particular DRO is not effectively performing in accordance with thls Agreement, the DROC may recommend to the Department, in writing, that the DRO be removed from the program. To initiate the replacement of an DRO, the DROC will recommend to the Chief of Police that the DRO be replaced, stating the reasons in writing. Within a reasonable period of time after receiving the recommendation, the Chief of Police will meet with the DROC or his/her designee, to mediate or resolve the problem that may exist. If the problem cannot be resolved or mediated, in the opinion of both the DROC and Chief of Police, or their designees, the DRO will be removed 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 Downtown area. The DRO is a new position and an officer must be hired and trained to replace the DRO in the existing Police Department staff. The hiring and training process for a new police officer takes It 3 I Downtown Resource Officer - ah>Teement 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 Department will direct the part-time DRO and other Department personnel to fulfill the spirit of this 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 {lssignment 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. VI. The duties and responsibilities of the DRO while on duty include, but are not limit-::d to, the following: ~ Regularly wear the official police uniform, including firearm, with civili..m attire being worn on such occasions as may be mutually agreed upon hy the Chief of Police and the DRO. ~ Establish and maintain a working rapport with the Downtown Association mid other stakeholders. ~ Act as a resource person in the area oflaw enforcement education at the reqllest of the stakeholders, speaking to employees on employee safety, theft, loss prevention, ~~cfimina.llaw~eardl aild-s-eizure, ClrUgs, motor veliiCle laws, ek. ~ 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. A- Y- 1 Downtown ResoUlce Officer - agreement 4 ~ The Supporting Agencies, collectively or individuaHy, shall have n9 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 perfl>rmance, discipline and other aspects of performance shall be governed entirely by 1 he Department; ~ All persons rendering DRO services hereunder shall he- exclusively employees of the City; ~ All liabilities for salaries, wages, any other compem,~ltion, work related injury or sickness of the DRO shall be that of the City; ~ Neither the making of this Agreement nor the creation 0fthe DRO program relieves any Supporting Agency from its legal responsibility f\)f the safety and security of its employees, and property, and this Agreement does Iwt alter that respo~!sibihty; ~ The creation of the DRO program does not create special relationship between the City and any Supporting Agency or -aiiy per'son, c.(mlpany, or entity in 'fIiePoft 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, specJal, 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 31, 2008, when it will expire. DRO Agreement 080 I 05 .doc If ~ Ct" Downtown Resource Officer - al(reement 5 ~,I, . : s.,'.:: DRO PROGRAM-ATTACHMENT A THE DOWNTOWN AREA SHALL BE DEFINED AS FOLLOWS: 1. To include the Port Angeles waterfi'ont, extending from the west margin of Valley Creek Estuary Park on the west to the east tnJrgin of Francis Street Park on the east, limited to the Waterfront Trail right of way and \~'ncompassing both parks 2. To include both sides of Railroad AV\:'Jme (if extended) from the east margin of where Peabody Street (if extended) would inlcrsec1 with the Waterfront Trail to the west margin of Valley Creek Estuary Park 3. To include both sides of First Street aHd Front Street, from the east margin of Peabody Street on the east to the west margin ci Valley Street on the west 4. To include the north side of Second St,eet (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 horth margin of the Fifth Street Alley North 6. To include the north side of the Fifth Street Alley North (if extended) from the east . margin of South Laurel Street to the v.est margin oftpePolice Department lot, then north to East 4th Street, then east to Peabod:'l' 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 .-"'...'..... ~ A- ~ 9' -....-........ 6 . . DROPROG~-ATTACHMENTB JOB DESCRIPTION Overall Job Objective Under general supervision and in cooperation with downtown stakeholders to perfonf community policing, patrol, investigations, crime prevention, law enforcement, and gc aeLL By provide for the safety of persons, and to perform related duties as required in the dovvn(o,. i~l area. Duties and Responsibilities 1. Uses problem solving skills, creativity, and innovative approaches, identifis'~; community concerns, presents options of courses of action, identifY resomce,~, pian for implementation of desired changes, and evaluate success. 2. Interacts and works with diverse groups of people within the department, l';)rr:rn.unity, and downtown area to provide service and collect information. 3. Patrols the downtown area of the City on foot, bicycle, motor scooter and/or i''( a police patrol vehicle to best facilitate community oriented policing and pre .bi.:.'IY, solving. This incluaes the folloWing:-- · Obtains information and increases knowledge of persons, busi:n:::J'3cS, and conditions within the downtown area. · Identifies the cause of crime within the downtown area. · Works with downtown stakeholders to identifY and analyze crimt: 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 afe motivated to organize and assist in the implementation of problem..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 montWy reports of same. 4. Coordinates information and resources among Department employees, public and private agencies, and citizens regarding criminal problems and solutions. A- 7 c; Downtown Resource Officer - agreement 7 , . This includes the following: , . Works with other Department employees (commissioned and nOD.- commissioned) as well as public and private agencies in designing ,md implementing problem solving strategies. . Locates and organizes resources needed to implement strategieb . . Shares information with other Department members. . Establishes two-way communication and acts as an informatioH '>"lll~';:{ t(', citizens regarding downtown crime problems and solutions. 5. Other duties, responsibilities, experience, competencies, physical requirem.,{,i<' 71anl~ as general commissioned police officer. A- 8" C/, Downtown Resource Officer agreement 8 . . -, :r',~ ,', , .. DROPROGRAM-ATTACHMENTC DRO WORK SCHEDULE The intent of the DRO's work schedule is to provide flexibility ill order to maximize effectiveness and efficiency, while at the same t.ime 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 allowe<l_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 111(; 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 Depart-ment members and facilitate a synergistic effort to address Downtown issues during his or her off time and absences. It 7 9 Downtown Resource Officer - agreement 9