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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