HomeMy WebLinkAboutPD2018-0234 - Original - Off Duty Services, Inc. - Security for Retail Establishment - 05/03/2018KENT POLICE SERVICES AGREEMENT
w^sHrNoroÈ
THIS AGREEMENT iS
(hereinafter "Kent"), and
rh e State of Washingto
een the CitY of Kent, a Washingto n municipal corPoration
r"'ú€.S., organized under the laws of
n, located and doing business at l{.Þ u"1r'l
( hereinafter the "Contractor")'
I. TERM 'AGREEMENT- FURTHER DEFINED - INCORPORATTON OF ATTACHMENTS
AND rNsuRANig liH¡err. The term "Agreement" as used throughout this document shall
mean this document, and any and aä scope of services Attachments (hereinafter
.,Attachments,,¡ wÀich äescribe the scope of services to be performed. The Attachments are
hereby incorporated into this Agreãr"ni by this reference. It is recognized that the contractor
may request police services on several occasions, and therefore, while this main Agreement will
only be signed one time, there may-oã multiple Attachments to this Agreement. This Agreement
shall be enforceable with ,egará to each instance of work performed pursuant to each
Attachment. rn ine event ır a conflict between the terms of this Agreement and any
eiiã.f.rr"nt, the terms of this Agreement shall prevail.
The Insurance exhibit as required by section IX of this Agreement shall also be incorporated into
this Agreement as if set forth herein in full'
rr. scopE oF SERVTCES. Contractor desires to utilize the services of a commissioned Kent
potice officer who will be dedicated ìo pérrorm¡ng the services described in the Attachment(s) to
this Agreement.
police officers shall only be permitted to provide police-related services during the performance
of the work called for herein, unl òontractor shall not ask or solicit such police officers to
perform work that is not police-related'
IIT. COST OF SERVICES AND PAYMENT
A. Hourly Rate, contractor shall pay to the Kent Police Department a sum for each
hour of worked performed ny a cámmissionå¿ police officer. The chief of Police or his or her
designee sha¡ have the aut'hority to determine the hourry rate that will be specified in the
Attachment.
B. Four Hour Minimum payment Requirement.-. There shall be a four (4) hour
minimum payment required for each initance that a police officer.performs services under this
Agreement. Therefore, Contractoi shall be required tb pay to Kent the greater sum of four (4)
hours of work or the actual nrrUui of t orrt worked duriirg each instance that a police officer
performs services. For example, if contractor needs two (2) police officers to work on the same
day and at rhe same time for r*o izj rrãri! ór ryoÍ each, bontractor will be required to pay Kent
for four (a) hours fór each porice àni."r, for a totar of eíght (g),hours. If contractor needs two
(2) police officeri for iix (6) hours each, contractor sha'il pây-for six (6) hours for each police
officer for a total of twelve (12) hours'
c, Holiday shifts and shifts in Excess of Ten Hours. shifts performed on holidays
shall be suo¡ect-ið-an ¡ncreased nãurty rate that will be specified in the Attachment' shifts that
POLICE SERVICES AGREEMENT - 1 (Form version: 7/2016)
last in excess of ten (10) hours will be subject to a higher hourly rate for all work performed in
excess of ten (10) houri. The hourly rate for work performed in excess of ten (10) hours may
;;i ú specifieà ¡n ttre Attachment, but will be approximately at a rate of one and one-half (1.5)
times thä regular lrourly rate charged on that day. The Contractor will be billed and shall pay
the rate for work over ten (10) hours even if not specified in the Attachment.
D, Method and Time of payment. Kent shall, within a reasonable time, submit a bill
to Contractor for amounts owing for särvices performed. Contractor shall, within fourteen (14)
calendar days of rãieipt 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. Late payment penalties. If Contractor fails or neglects to pay any invoice within
thirty (30) calenã.iá"vr from the date shown on the invoice as the "invoice date," a service
charge of one p"iã"ni (ro/o) of the amount of the unpaid balance on the account or two dollars
iSz.ıOl, whichbver sum is greater, will be imposed one (1) month from the date payment was
due, and at the end of eacñ succeeding monthty 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 ffiâv, prrrrrnito Chapter 3.10 ıf tne Kent City Code and Chapter 19'16 of
the Revised Code of Washington, use a coilection agency.to collect,.outstanding debts, or it may
seek collection by couft procéedings, whicl'r remedieé 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.
rv. EMERGENCY rNTERRuprroNs rN sERvrcE. Police officers peforming services called
for in this Agreement shall at all times be subject to the rules, regulations, and policies of Kent
and its potice ö¿p;;fiãnt, ana ir'uil be required to follow the orders of supervisors and
command staff. contractor undersiands that police officers performing services pursuant to this
Agreement may, from time to_timã,
-be
required to perform traditional police duties for the
benefit of the greater public. Thereiore, from time to time, police officers performing services
for contractor may be required to respond to emergencies and abandon the services being called
for under tn¡s ngieãr"ni. In the evänt of this ocóurr"nce, contractor shall not be relieved of
providing full payment; provided, that in the event the interruption lasts longer that one half of
one hour qi.e., niorã tÉu'n thirty l¡o) continuous minutes), Kent and contractor will agree to an
amount of a reduction in the costs of services to account for the police officer's time not
performing services under this Agreement'
V. INDEMNIFICATION'
A. General. Contractor shall defend, indemnify, and hold Kent, its officers, officials,
employees, agents, and volunteers harmless from any and all claims, injuries, damages' losses'
or suits, including all legal costs ãnJ attorney fees, årising out of or in connection with Kent',s
performance of this Agreement, except for that. portion of the injuries and damages caused by
ihe sole negligence of kent or its officers or employees.
POLICE SERVICES AGREEMENT' 2 (Form Verslon: L/2OL6)
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATIOÍ\I. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
B. Indemnification and the Public Duty Doctrine. Contractor understands that,
pursuant to the lãòal doctrine in Washington -called the "public duty doctrlne," Kent, its Police
bãp",tr.nt, and it-s officers and employees of the.Kent Police Department, owe a general duty
to the publìc and not a specific duty of protection or care to the Contractor. Contractor
understands that by entering into this Agreement, the Police Department's and the police
officer's duties ,emain to the þublic in general, and neither Kent, its Police Department, nor any
of its officers or employees i.rave a sþecific duty of protection or care to the Contractor, its
ãrploy".s, subcontråctórs, and agentt, ot any of its guests, or other people on the premises of
the Contractor. Mor"ouur, neither Kent, its Police Dèpartment, nor any officer or employee of
Kent guarantees, in any way, the safely of any-person or property as a result of-the work
pãrror-med under this Agreement. In the event of injury to any person or property, contractor
shall not assert ttrai reît, its police Department, or its police officer owed any special duty to
protect persons or property or provide care for such persons or property or had any special
relationship with the owner or any other person to protect persons or propert_y. This Agreement
shall in no way create a duty for Kent, its Police Department, or any of its officers or employees
where none previously existed. In the event Kent is sued, and a coutt determines that the
pubric duty doctrine áoes not apfty, or an exception to the pubric duty doctrine exists with
relation to an injury to the p.rron ói property of any employee, subcontractor, guest, or other
person on the premises of contractor, 'òontr.ito. shail specifically indemnify, hold harmless, and
defend Kent, its porice Departmeni, ãn¿ each and every officer and emproyee thereof to the full
extent permitted bY law.
C. Survivat. The provisions of this Section V shall survive the expiration or
termination of this Agreement and the obligations contained therein will continue to apply
UãVonO the provis¡on of services called for in any Attachment'
vr. PARTTES ARE TNDEPENDENT. The parties agree that neither shall be considered an
emploYee or agent of the other'
vII. TERMINATION, ALTERATION, OR RESCHEDULING' In the event Kent is unable to
obtain the services of a Kent poticã-oÉicer to perform the services called for in the Agreement,
Kent will contact contractor, and advise contractor that Kent is unable to perform,the services
called for herein. Notice by way of telephone, email, writing, or.in-person shall b-e adequate
notice of such cancellation of services, and Kent shall not be liable for the cost of contractor
obtaining rePlacement services'
In the event contractor must cancel, alter, or reschedule the services called for by this
Agreement, contractor must provide at least ten and one-half (10.5) hours advance notice to
rhe porice Department by conracting its on-duty.sergeant,]¡1" at (253) 856-5840' A failure to
cancel, alter, or iescnedúle at teaiiien and one-halúr0.5) ho-urs before the services are called
for shall result in the contracto. pàving the mi.nimum roui (4) hours of service provided for in
section III.B. above, regardless or *n"irr"r such services are provided at a later or rescheduled
date and time'
vrrr. coNTRAcroR
'HALL
AB'DE By LAws AND
'HALL
Nor DrscRrMrNATE. At att
times during Kent,s performance of this Agreement, contractor shall abide by all laws and
POLICE SERVICES AGREEMENT - 3 (Form verslon: L/2oL6)
regulat¡ons applicable to Contractor's business. Moreover, Contractor shall not, by reason of
,ãã", ,åL¡g¡on, color, sex, age, sexual orientation, national origin, or the presence of any sensory,
mentat, ır ptrysicai ¿irá¡¡ñty, discriminate against any person in violation of any laws of the
State of Washington or the United States.
IX. INSURANCE. ContraCtor Shall at all times 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 RTSK' CONTTACTOT ShAII tAKE AII
necessary precautions and shall be responsible for the safety of 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'
xI. MTSCELLANEOUS PROVISIONS.
A. Non-Waiver of Breach, The failure of Kent to insist upon strict performance of
any of the covenants and agreements contained in this Agreement, or to exercise any option
conferred by this Agreemeniin one or more instances shall not be construed to be a waiver or
relinquishment of ttiose covenants, agreements, or options, and the same shall be and remain in
full force and effect
B. Resolution of Disputes and Governing Law. T-his. Agreement shall be governed
by and construed in accordancé w¡tr, the laws of thð state of washington. If the parties are
unable to settle ãnv ãùprte, diffeience, or claim arising from the parties' performance of this
Agreement, the excrusive means orìesorving that disputã, difference, or claim, shall only be by
filing suit exclusively under the venue, rulesl and jurisdiction of the King county superior court'
King county, wuiñingion, unless ilrã-óart¡ei ag.eé in writing to an alternative dispute resolution
process. ln any claím or lawsuit for damagês arising frım the parties' performance of this
Agreement, each party shall.pay all its legal tosts and attorney's fees incurred in defending or
bringing such claim oi lawsu¡t, inJr¿¡ng ail appeals, in addition to any other recovery or award
provided by raw; provided, r..,o*"uãi *il.,ind in tnû paragraph shail be construed to
'imit
the
kent's righi to inaãmn¡f¡cation under Section V.B. of this Agreement'
c. written Notice. All communications regarding this Agreement shall be sent to the
parties at the aaãresses listed on the signature pagé 9f tlie Agreèment' unless notified to the
contrary. Any written notice hereuÀde, inrlt becòmä effective three (3) business days after the
date of mailing by registered or .ãrtiri.¿ mail, and shall be deemed sufficiently given if sent to
the addressee at the address stated in this Agreement or such other address as may be
hereafter sPecified in writing.
D.Assignment.Anyassignment.ofthisAgreementbyeitherpartywithoutthe
written consent of the non-assig.i.g i.rtv shail be voiã. If the non-assigning party gives its
consent to any assignment, the terñs or in¡s Agreement shall continue in full force and effect
and no further ui.ig;-"nt értult be made without additional written consent.
E. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement srrail bã ninaing unresi in writing and signed by a dury authorized representative of
Kent and Contractor.
F. Entire Agreement. The written provisions and terms of this Agreement, together
with any Exhibits or Altachments attached hereto or referenced herein, shall supersede all prior
POLICE SERVICES AGREEMENT - 4 (Form verslon; 112016)
verbal statements of any officer or other representative of Kent, and such statements shall not
be effective or be constiued as entering into or forming a part of or altering in any manner this
Ãérããr.nt. All of the above documen[s are hereby made a part of this Agreement. However,
sñould any languágà in any of the Exhibits or Attachments to this Agreement conflict with any
lungrrgu âonta¡neã in this Agreement, the terms-of this Agreement shall prevail. Fufther, the
,ãpiÀrãntative signing this Agreement on behalf of Contractor swears and affirms that he or she
is authorized to ónt.í into th'is Agreement on behalf of Contractor and that action is binding on
the Contractor.
G. Compliance with Laws. contractor agr,ees to comply with all federal, state, and
municipal laws, 1ä"r, 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 ıriginal, 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'
Print Name: Kenneth Thomas
KENT:
s\'¡\ r (
Police C hief
By:
Its
DATE:
CONTRACTOR:
(t¡ile)
Name
By:
DATE:
Pri
Its
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856- 5809 (telePhone)
(zs¡) 8s6-6802 (facsimile)
sgt.nsfielMatt
NOTICES TO BE SENT TO:
CITY OF KENT:
)8
E SENT TO:
(facsimile)
telephone)
NOTICES TO B
CONTRACTOR:
l'(.{illil.irrFrlì16lJs{'lonroÈlÈtr('r'r'd'Lùr{itsdsrr¡¿'¡/tg¿{ßrrfii()[l¡DNqrdrÑ\
POLICE SERVICES AGREEMENT - 5 (Form Version: 1/2016)
KENT SCOPE OF SERVICES ATTACHMENT
To Police Services AgreementWaiHrrofoÀ
This of
by
I.
TI.
Services Attachment shall be incorpor ated into the Police Services reement signed
herei nafter "Contractor") on
number of officers:
Extra-DutY Work: Officer
Up to $80 Per hour.x
Number of Officers Required:{r n," *'ct-
Extra-DutY Work: SuPervisor
Up to $100 Per hour,*Number of SuPervisors Required:.,----
A
SCoPEoFSERVICESATTACHMENTToPoLIcESERVICESAGREEMENT
Page 1 of 2
n
E
n
DEscRrpTroN oF sERvrcEs. contractor requests the services of a commissioned police
officer who will be dedicated to performing the following services (check box that applies):
Flag gi ng/Traffic Control
Security for Entertainment Venue or Event
Security for Retail Establishment
Guarding of Property, Buildings, Possessions, or Equipment
Other
porice officers shail onry be permitted to provide porice-rerated services during the
performance of the work åalled fbr herà¡n, and 'contractor shall not ask or solicit such police
ãifi."tt to perform work that is not police-related'
HouRLy RATE & N'MBER oF oFFrcERs REeurRED. The work cated for herein shall be
paid by Contractor ãt tnu following hourly rateã and the Contractor requests the following
* Note: Hourly rates are quoted "up t9' a specified amount' officers are paid different rates
based on factors ,u.n ui iime in r"tuiå", *rigì;ànt, education, etc. The rate quoted is the
maximum rate that will be nitteo iüujéct- to overtime holiday rates specified below'
Contractor's rate maY be lower'
Four Hour Minimum. There shall be a four (4) hour minimum payment required for
each instance that ;'p;i;;.;üi-àr perrorms sàrv¡ces under the Agreement' Therefore'
Contractor shall be required to pay to Kent the greater sum of four (4) hours of work
or the actual nrruãi or hours worked during- each instance that a police officer
performs servtces,
-iå,. è*u-ple, if contractor needs two (2) officers to work on the
same day and at the-same time fo1. iwo (2) hours. of work each, Contractor will be
required to pay X"nf fó, four (4) nouiÁ ioi óach police officer, for a total of eight (B)
hours. If contractof n"eos twò (z) offiters for six (6) hours each, contractor shall pay
;";i* (6) hours foi ."1ñ police òfii.e1. for a total of twelve (12) hours'
(Form Verslon: L2/2O17
B Overtime Rate. Contractor shall be required to pay the rate of one and one half (1,5)
ttrnes tf'e raià 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
àf'uíl n" paid at the rate specified above, If the officer works twelve (12) hours, he or
she shali be paid at the rate specified above for the first ten (10) hours, and at a rate
of one and óne half (1.5) times the rate specified above for the remaining two (2)
hours.
Hotiday Rate. The following holidays are observed by Kent police officers: New Year's
Dt, Mart¡n Luther King Óay, President's Day, Memorial Day, Independence Day,
Labor Day, Veteran's Day, Thanksgiving Day, Day after Thanksgiving, and Christmas'
Except as otherwise provided in this section, all hours worked during an observed
holidãy, or during 15;OO hours to 23:59 hours on Christmas Eve or New Year's Eve,
will be billed at one and a half (1.5) times the rate specified above. All hours worked
on Thanksgiving Day or Christmas Day will be billed at a rate of two (2.0) times the
rate specified above.
c.
Print Name
advance notice from
payment of four (4
Section II.A. above.
by phone or email.
D Cancellation,
altera tion, or rescheduling of police officer services by the Contractor for a specific
date must be made at least ten and a one-half (10.5)hours prior to the scheduled
start time for that date. If Contractor fails to provide ten and one-half (10.5) hours
the scheduled start time,Contractor wil I be billed for a minimum
) hours per officer sched uled for that date in accordance with
Cancellation, alteration, o r rescheduling notif,cation can be made
III.LOCATION OF SERVICES, The services called for herein shall be performed at the following
location:târ s
l-ì,rtrç¡ a.1 3¿'*{ L=
{r*r, \J,.
A police officer wi ll arrive at
.).theabovelocationonthedateandtimespecifiedbelow
rv.DATE AND TIME FOR SERVICES. Contractor req uests a Kent police officer provide services
from
-
am/pm -,2O-
to
-
am/pm -,20-'L .'to..u ¿:r\-\'ac u¡rj. cL-¿¿tu'€
By signing below,I understand that I am entering a contract to hire police officers to perform the
work described above ,Iag ree to the terms of this ScoPe of Services Attachment and all of the terms
contained within the Police Services Agreement referenced herein,and finally if I am signing this
pe of Se ttachment on behalf of an organization, I swear and affirm that I am authorized
dosoo e tion and that action is binding on Co tractor.
natu Date
AddressIo\Tx ,1'ìqq 3
ScoPEoFSERViCESATTACHMENTToPoLIcESERVICESAGREEMENT
Page 2 of 2
Approved bY:
Kent Police DePartment Date
too
(Form Version: I2l 2Ol7)
Fred Meyer #215
25250 Pacifíc HighwaY South
Kent, WA 98032
Schedule for Kent PD
-on going until cancelled
Monday-Thursday: variable 8 hour shifts
Friday-SundaY: 300Pm to 11:00Pm