HomeMy WebLinkAboutPD17-523 - Original - Potleco, Inc - Contract - 11/27/17 Records
ENT
wAsHING.a„ Document
i
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to the City Clerk's Office. All portions are to be completed.
If you have questions, please contact the City Clerk's Office at 253-856-5725.
Vendor Name: Potleco, Inc.
Vendor Number:
JD Edwards Number
Contract Number: PD 17-523
This is assigned by City Clerk's Office
Project Name: Traffic Control - 2561h & 104th
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment M Contract
❑ Other:
Contract Effective Date: 11A27117 Termination Date: 11/30/17
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Matt Stansfield Department: Police
Contract Amount: t7n nar hniir = $280 00
Approval Authority: ® Director ❑ Mayor ❑ City Council Meeting Date
Detail: (i.e. address, location, parcel number, tax id, etc.):
Police will assist with traffic control for 256th & 104th
POI ICE SERVICES Illlh" U E NI" T
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter "Kent"), and organized under the laws of
the State of Washington, located and doing business at llU! �, � u _ .........
(hereinafter the "Contractor").
.. 1rlfi:IIlvw "AGRE IEIIi FUUIRTHIEiiR DIEM::;I'JNED U:IE" COIR.POIRA"U"iCOlN OF A"T"Ir'ACHMEU 'll"'S
AND 'Ir.NS UIRAAINCIE IEXIV ;1,I13�U17u 'The Germ "Agreement as r.ised throuchout tlhis douu.ar'nent slha<:
mean this dOCarroent, acrid any and all "arrarr(, of Services Attachments (het6naft r
"ANachrraervts") which drscr'ibe the scope ¢at services to be per orrned The Attachments air.
hereby lncorp+>rat.ed iln�tcu this A,rd reemeoat sy this reforenceA. It is rerngni7ed t:l'aat: the Contractor
rray request police services on several occasions, and therefore., while this ,Hain Agreement will
only he signed one time, thera may 9)e multiple Attachments to this Agreerrnent, This Agreement
shall be enforceable with regard to each instance of work perforrined pursuant to each
Aftachment.
Ilha= Iris irarr.e^ exhibit as required by 5aa:ct"u gaaren�ael�irt shall :also be incorpor at.ed 'intoryn 1,d aafi tPu'i=> r A,
this Agreerne?nt as 'it'set forth her-elln in fo..ill,.
far.. SCOPE OF S11 RradICIE,S. Corti actor rflear 'irde:u to utiloae hie. services of a commissioned Kennt
pullce officer who will be ded'icated 'to l:aerf`orming the vservlcers desoibed in the Attachment(s) to
this Agreement.
G°cAce crfficer�; shall wanly be permitted to llovovide poUicr related sf.:tvlces clr,i ing the performance
of tl volk called for herein, arud Contractor sshealli nrat ask or sok(..::'it siie.h police officers to
>eo'f'ornrt work that is runt silica=,r+ela reel.
jil, coSir OF SIERVICIES All PA"t'lMIE NT
A. UUoau°Ily Rate, Contractor ,hall pay to this Dent Police I::)er:) arlrorent "a sums ror each
hoe.ir of woliked performed by a a,aymrnis .iioned police officer. The Chk f of Policr> or his or her
desigince shall have the rai.athority tr'r dete-rmin t tlll ' l rate Hoat will he specified in tfae
0 rachrinent.
IR., Four Hour Mlinn'limu.irin t"ayrnnevt Requirement, there: shall be a four (d) fio�ar
,umlmram t iyrinwni required for reaarh niartanco that a pollee, offices, peli s rvweo- ; this
Aql r,menl I wl(a =fow, Cont! "a(1ol shtdl 1,,a r<<r{ial�rtd 'Cr> pa3y ho I<,rarl the rflr. itrar ciini o f foul H)
h0tarc Of ruin k or [he i.r(Mal r(lin'llber or iroairs rn ,rk,ed cm-ing e as l Irlstalar.r' fhair a Police ol(jr:er
or, lt, lnrs: ,rn,l a li,� ^ Cralrnl if jf"rlr, t(vr) (.t) potcc,, offlo^r< to vv)ik on the ; amw
how
wiicP, 0 r I" r h n ✓ '>r . , .. 11 Iy `� t 1>; (r ) Ile all'^ l; fl 1tLCC
lo, 'Urdl (d i4t4`I"l' l i O n7UIT;,
P tWaoltd"ay Shifts nrrod ?hilts ova Excess c,f Ten I ulr i ,,1, d 011 hr,(I ,I a„s
SIl it I) _`Si Hilt ( i LO W W Ir'l ("i W,1111r u' i_ i; 6vl .t7 . I" ��. "' h ��: 1 `` Ifl:S t " ii-
J in ext< ', of tCii ( 10) how will bo "ul>jert cis 3 hiclll houflh, I OU, fail ,-iil work ire iroiriurr7 ur
I
excess of ten (10) hours, The hourly rate for work performed in excess of ten (10) hour's may
not be specified in the Attachment, but will be approximately at a rate of one and one-half (1.5)
times the regular hourly rate charged on that day. The Contractor will be billed and shall pay
the rate for work over ten (10) hours even if riot specified in the Attachment,
ID, Method and Time of Payment. Kent shall, within a reasonable time, submit a bill
to Contractor for amounts owing for services performed. Contractor shall, within fourteen (14)
calendar days of receipt of such bill, pay the amount owing to Kent. All payments shall be made
to the `City of Kent" and shall be delivered to:
City of Kent
Attn: Customer Services
220 Fourth Avenue South
Kent, WA 98032
E, Kate Payment Penalties. If Contractor fails or neglects to pay any invoice within
thirty (30) calendar days from the date shown on the invoice as the "invoice date," a service
charge of one percent (1%) of the amount of the unpaid balance on the account: or two dollars
($2.00), whichever sum is greater, will be imposed one (1) month from the date payment was
due, and at the end of each succeeding monthly period, until all past due amounts are paid in
full.
Any invoice or service charge due under this Agreement and unpaid shall constitute a debt
owed to Kent. Kent may, pursuant to Chapter 3.10 of the Kent City Code and Chapter 1.9.16 of
the Revised Code of Washington, use a collection agency to collect outstanding debts, or it may
seek collection by court proceedings, which remedies shall be in addition to all other remedies.
At the discretion of the Chief of Police or his or her designee, services may not be
provided to Contractors who have delinquent payments.
IV, EMERGENCY INTERRUPTIONS IN SERVICE, Police officers performing services called
for in this Agreement shall at all times be subject: to the rules, regulations, and policies of Kent
and its Police Department, and shall be required to follow the orders of supervisors and
command staff. Contractor understands that police officers performing services pursuant to this
Agreement may, from time to time, be required to perform traditional police duties for the
benefit of the greater public. Therefore, frorn time to time, police officers performing services
for Contractor may be required to respond to emergencies and abandon the services being called
for under this Agreement. In the event of this occurrence, Contractor shall not be relieved of
providing full payment; provided, that in the event the interruption lasts longer that one half of
one hour (i.e., more than thirty (30) continuous in nutes), Kent and Contractor will agree to an
arnoi_rnt of a reduction in the costs of services to account for the pnlice officer's time not
performing servo es under this Agreement,
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IT IS FURTHM SPECIFICALLY AND EXPRESSLY VNDERSlOL)D THAT TME
� INDEMNIFICATION PROVIDWD HEREIN CONSTITUTES THE CONTRACTOR'S VVA/YER OF
IMMUNITY UNDER / TITLE 51 RCVY/ 501 ELY R]RTHE PURPOSES OF
THIS INDEMNlFl[AT}[)N, THE PARTIES FURTHER ACKNOWLEDGE THATT|iEY H4V[ MUTUALLY
NES0TIATED THIS WAlVI�R.
B Indiemmnificaflmn and the PubUlc Duty Doctrine, Contractor understands, that,
pursuant Nu the legal dDUrne in Washington caUed the "public duty doctrine," Kent, its Pa||cu
Departrnent, and Is uf5[9nS and ennp|oyees of the Kent Police Department, owe a general duty
to the public and not a specilc duty of prutmction or care to the Contractor, Cnnbracifur
undersftaods [hat by entering into l.his Agreement, the Police Debar tnnent's arid the pu|ice
officor'rdu[ies remain to the public in general, and neither Kent/ its Police Department, nor any
of is officere or ennp|uyeos have a speckic duty of protection or (are to the Contractor, its
ernp|uyeeo/ subcontractors, and agents' ur any wfitS guests, orntharp8uMean the prmnoiaes of
the Contractor. Moreover, railer Kent, its Police Departnnmnt/ nor any ofTicerorernp|oyee of
Kent guarantees/ in any xxay/ the sd[eh/ of any person ur property as a resu|t Of the vvork
performed underthisAgrearnen[, In the event ofirdurytuany person or property, Contractor
shall not @sSerithaL Kent, its Police Departroent/ or Is police ofhcerovved any special duty to
protect persons or property or provide care for such persons or property or had any special
relationship with the owner Vrany otherpennn to protect persons or property, This Agreement
shall in no way create a duty for Kent, its Police Department, ur any of |t3 officers or employees
where none previously cxiaCed, In the event Kent io sued, and 8 court determines dhat the
pub{|c duty ductrioc does not apply, or an exception to the public duty doctrine exists with
relation to an injury to the person orprupertyOfany employee, subcontractor, guest/ or other
person on the promises of Contractor, Cankadur shah specifically inderrinify, hold harridess, end
defend Kent, its Police Depaftment, and each and every officer and employee the.reor to the full
extent permitted by avx,
TheprovisionsnfthisSecbonV(B) sha|| sun/ivetheexpirabunorterrninaUunofthis
Agreement..
W. PARTIES ARE INDEPENDENT. The part|es agree Mat neither shAkhe cnns0dured all
cnnp|oyeeorageniof the comer.
V11^ TERMINATION, ALTERATION, OR RESCHEDULING. In the event Kent is unable. to
obtain the services of Kent Po|ice Office; to pe/furrn the Se|v|ces called for in the Agreernent/
Kent vvi|{ contaCtContrac1or, and advise Contractor that Kent is unable to perform the serviceu
called for herein, Notice by w/ay of telephone, enn3i{, writing, o/ un-person shall he adequmtc
onbce of such canccU3Uon of sprvices/ and Keni- sha|| not be liable [n/ the =\ of [oouacror
obtaining rep|aceNenfservices
in Me cveol CunAracLor roos\ caxce|, a|oer, n, rescoeduke 1:11e services ca| ed for by Hip,
Agri2e nenL, CooUac(,or owyp p/ovidp a�, easl Leo ond (in(, half (185) hnurs advovcl� ouhcc to
�he by n Wty 4crgcan\ hne At (M) 856 5840 A MOO to
-a'/��|' a���� . n� ��sd�o�v�rai �ca�� t`�� a�:| u/�, h* / I ) �/�t �e : 'e / '`' �, '� ' v l�,'1
0:/1p'| x� y �!z/ x /xy /�p1 /kd
dawcxi hire
V7.II, CONTRACTOR SHALL ASIM BY LAVI@ ANO SHALL AlO�[ DISCRIMMATk A| a||
omc� d Keop's vi ps Agrpen'ol� (u v/ ^`�ier �,11'111 �y oh ow , arpJ
�egv|abuon uppUcnb|c to Contrac1nr's bucincss Mnreover, Conbaoror shnU nuL by reasun v�
�CLl[ESEKVlCE� A6RtLMENl � v,'pv�a�oo /lmm
race, religion, oo(Or/ sex, age, sexual orientation, national nhyin/ or the presence of any sensory,
mental, or physical disability, discriminate against any person in violation of any laws of the
5Late ufVYashington or the United States
| IX. INSURANCE, ConLra:tnr snaU at all brnes during Kent's performance of the services
called for in this Agreement procure and maintain insurance of the types and in the amounts
described in Exhibit A attached and incorporated by this reference.
X. CONTRACTOR'S BUSINESS PERFORMED AT ITS OWN RISK, Contractor shall take all
necessary precautions and shall be responsible for the safety nf its employees, agents, guests,
and all persons on Contractor's property and invitees at all times when a police officer is
performing services pursuant to this Agreement.
Xl" MISCELLANEOUS PIROVDSDONS"
A� Non-Waiver of Breach, The failure of Kent to insist upon strict performance of
any of the covenants and agreements contained in this /\greernent, or to exercise any option
conferred hy this Agreement |n one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements, or options, and the same Shall be and remain in
full force and effect.
B^ ResmUmd-Jon ofDiispurteSand Governing Law.. This A0reennentshall he governed
by and construed in accordance with the laws of trip. State of Washington. If the parties are
unable to settic., any dispute, difference, or claim arising tiom the parties' performance of this
Agll themxdusiVe rneaD6 8f resolving that dispUt8/ difference/ orc|ainn, shall only be by
Filing suit exclusively under the venue, rules, and jurisdiction of the King County Sulpeiior' Court,
l County, Washington, unless the parties agree, in wilting to an ahternative dispute resolution
process. in any dainn or lawsuit for damages, arising from The pa,tiey' performance of this
Agreement, each party shall pay all its legal costs and a[tnrney's fees incurred in defending Or
bringing such claim or |av"suit, including a|| appeals, in addidun to any other recovery oraward
provided by law; 2Lovl however, nothing in this paragraph shall be construed in |inoit \he
Keni'shght to indemnification under Section V,B, of this Agreement,
C. WHttenNx»lijil Ali cnrnnnunicadonuregandiAgthiaAgreennCnt shall besent tuthc
Pa/ties at trip, addresses listed on The signature page of the Agreement, unless notified to the
contrary. Any mitten notice hmreundersha|| beconne effective three /3\ business days afterthe
daLe of rnai|ing by ld or certified ooa)|, and shall be deenned suff|Ci(..,ot|y given if sent [n
the add|.essee at the address stated in this /\groemenL or such other addres� as may he
herua(terspedhed in v/rlt|ny
]}, Ass�0nnnel Any assigr/rneniu[ fhis byeid/erpad.yw|ihoo� Iffie
conscn) M l non'as,iVo|ny l b^ void // ihe nun asslyoing pa/ty give" ks
.�ousonL to ony ossignonant, the f*rros o ihi- /\grperneni ska|| conUnve /n full fo/c, aod eMvc�
assignrnex� shnl| bc nmdc widhnol mlseni
jt � os^ r �/��� o�vi� ��x
be effective or be construed as entering into or forming a part of or altering in any manner this
Agreement. All of the above documents are hereby made a part of this Agreement. However,
should any langLiage in any of the Exhibits or Attachments to this Agreement conflict with any
language contained in this Agreement, the terrns of this Agreement shall prevail. Further, the
representative signing this Agreement on behalf of Contractor swears and affirms that he or she
is authorized to enter into this Agreement on behalf of Contractor and that action is binding on
the Contractor.
G. Compliance with Laws. Contractor agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable
to Contractor's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
H. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall constitute an original, and all of which will together constitute this one
Agreement.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
CONTRACTOR: (CENT
By: By:
ure)��
gnature ..... 9nar -- .........Print dame + Yc r r �.. __ Print Name enneth Thomas _...
Its I li f ... ......__ .—_ ..,_ Its_m.. ..poll,ce chief ....... w
DATE:.. ) � _._. DATE �=
N®TI—C Tp RE SENT 'f®, NC ft—s TC3 dE SENT TG.
CONTRACTOR: CITY OF KENTe
Attn: :_ Sgt. SGT_Matt Stansfield.....__.—. ----.
_ City of Kent
220 Fourth Avenue South
1 Kent, WA 98032
rli��nrt-. (re ia
K 5 , 8 ,C; ("rtiCd4CYr) (fail' I�lt¢un� )
u I �
*»- KENT SCOPE OF SERVICES ATTACHMENT
w^° To Police Services Agreement
Tfuv Qrn na nr Carvlrowc,,,QY1- I-qx V . I. rue,=crVTCVV"A9rQ°ern eft$"S{gile'd-
by �;��d,^. Ruitleg . . _... (hereinafter "Contractor") on L�.l 1 _...
i
I. DESCRIPTION OF SERVICES. Contractor requests the services of a commissioned police
officer who will be dedicated to performing the following services (check box that applies):
Flucpglrcg/TrafNc Contrail _.
i
❑ Security for Entertainment Venue or Event
i
❑ Security for Retall Establishment
❑ Guarding of Property, Buildings, Possessions, or Equipment
❑ Other . ......
Police officers shall only be permitted to provide once-related services during the
performance of the work called for herein, and Contractor shall not ask or solicit such police
officers to perform work that is not pollce-related.
II. HOURLY RATE & NUMBER OF OFFICERS REQUIRED. The work called for herein shall be
paid by Contractor at the following hourly rates and the Contractor requests the following
number of officers:
I
Extra-Duty Work: Officer
$ .. 7C7 „_, per hour. Number of Officers Required 1
Extra-Duty Work: Supervisor Number of Supervisors Required:
$ 70 ___ per hour.
A, Fqwr JffItc (10,.7lAz/.IAvd.I• There shall be a four (4) hour minimum payment required for
each instance that a police officer performs services under the Agreement, Therefore,
Contractor shall be required to pay to Kent the greater sum of four (4) hours of work
or the actual number of hours worked during each Instance that a police officer
performs services. For example, If Contractor needs two (2) officers to work on the
same day and at the same time for two (2) hours of work each, Contractor will be
required to pay Kent for four (4) hours for each police officer, for a total of eight (8)
hours. If Contractor needs two (2) officers for six (6) hours each, Contractor shall pay
for six (6) hours for each police officer for a total of twelve (12) hours.
B. )yt/fr2re,_.LP,`rftit• Contractor shall be required to pay the rate of one and one half (1.5)
times the rate specified above for any time worked by a police officer In excess of ten
(10) hours In a shift. Therefore, if a police officer works ten (10) hours, he or she
shall be paid at the rate specified above. If the officer works twelve (12) hours, he or
she shall be paid at the rate specified above for the first ten (10) hours, and at a rate
SCOPE OF SERVICES ATTACHMENT TO POLICE SERVICES AGREEMENT
Page 1 of 2
(Farm Verslom 1/2016)
of one and one half (1.5) Uonus the rate specified above for the n:nna|n|ng two (2)
| hours.
|
C. /6V6day8ate The following holidays b d by Kent police officers: New Year's '
� Da Y,` m0r[tO-�3i�>lb��� �[|Yg^�D�y'~ F9��|3�7�iT'�~1J��~~~��'i�6rl�[^Da-�-�6���-��������...��6�~,~~~~^�-�� -
LabnrDay, Veteran's Day, Thankogiv|ng Day, D�' o&erThaokuy / and'dChdotrnau'/ }
`/ " , i
Except as otherwise provided In this section, all hours worked during an observed
holiday, or during 15:00 hours to 23:59 hours on Christmas Eve or New/ Year's Eve.
� *U| beb|Uedot one and ahalf �ed above. AUhours worked
'
on Thank<igiving Day or Christmas Ao ra�vuft (Ine
rate opcci8edabove.
�
D DUk,@&�!a6H/h:EO1�K�_��� -�����/@����0g- nfJ#�0���. Canre|/aDnn/ �
alteration, or rescheduling or pm|km officer services by the Contractor for a sp*ctMc /
dote must be made at least ten and a ,ne-hm|[ (1*.5) hours prior iothe scheduled |
start dnne for that date, If Contractor falls to provide ten and one-half (lO.S) hours
advance notice from the scheduled start time, Contractor will be billed for a minimum |
payment of four (4) hours per officer scheduled for that date In accordance with �
Section ILA. above, Cancellation, alteration, or rescheduling nuUUuaUon can be made
hy phone orcmal|,
III. LOCATION OF SERVICES, The services called for herein shall be performed at the following
location: I
m 1 m
�
�
A police offIcer will arrive at the above location on the date and time specified below.
Dy, DATE AND TIME FOR SERVICES. Contractor requests a Kent police officer provide services �
from - Pn1/arn . '!Z.D11^/28_ &-{k{U} pm/am --6:}0-�' jj/�DI I I/��~- |
By sIgning below, I understand that I am entering a contract to hire police officers to perform the
work described above, l agree to the terms of this Scope uf Services Attachment and all o[ the terms
conta/nedvv|th|nihePo||ne5erdcesAgroumentnyh:roncudhera|v, andOna||yi[ IanosiyningLh|s |
Scope ef. Services Attachment on behalf of an organization, |
' |
to dothat action |o binding on the Contractor,
Print Name -
Approved by:
. ' ~'
/ C' /- '
AiA
Address (conL)
"w"i,^~°n.ww.°"�.°*^"1-^"", ~*" *, �t�A+°*^U,^�Wo* .°
SCOPE OF SERVICES ATTACHMENT T0 POLICE SERVICES AGREEMENT �
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