HomeMy WebLinkAboutPD2018-0235 - Original - Archer Construction, Inc. - Flagging/Traffic Control - 04/24/2018KENT SCOPE OF SERVICES ATTACHI"IENT
To Police Services Agreement
This Scope of Services Attachment shall be incorporated into the Police Services Agreement signed
by Archer Construction Inc.(hereinafter "Contractor") on 4/24/ tg
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);
X Flagging/Traffic Control
n Security for Entertainment Venue or Event
tr Security for Retail Establishment
f Guarding of Property, Buildings, Possessions, or Equipment
tr other
Police officers shall only be permitted to provide police-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 police-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:
E Extra-Duty Work: Officer
Up to $80 per hour.*
Number of Officers Required:2
Extra-Duty Work: Supervisor
Up to $100 per hour.x Number of Supervisors Required:
x Note: Hourly rates are quoted "up to" a specified amount. Officers are paid different rates
based on factors such as time in service, assignment, education, etc. The rate quoted is the
maximum rate that will be billed subject to overtime holiday rates specified below.
Contractor's rate may be lower.
A,Four Hour Minimum. 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.
SCOPE OF SERVICES ATTACHMENT TO POLICE SERVICES AGREEMENT
Page 1 of 2 (Form verslon: t2l20L7
Overtime Rate. 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
of one and one half (1.5) times the rate specified above for the remaining two (2)
hou rs.
Upliday_&ate. The following holidays are observed by Kent police officers: New Year's
Day, Martin Luther King Day, 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
holiday, or during 15:00 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,
Contractor's Termination, Altefatjon, o g of Services. Cancellation,
alteration, 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
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 II.A. above. Cancellation, alteration, or rescheduling notification can be made
by phone or email.
III. LOCATION OF SERVICES. The services called for herein shall be performed at the following
location:
Intersection control @ E. Smith St & State Ave N
-
Intersection control @ E. Smit h St & Central Ave N
' A police officer will arrive at the above location on the date and time specified below.
IV, DATE AND TIME FOR SERVICES. Contractor requests a Kent police officer provide services
Nightly from 9PM am/pm MaY,7th,2018 to 5 AM am/pm May, l1th, 2018.
By signing below, I understand that I am entering a contract to hire police officers to perform the
work described above, I agree 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
Scope of Services Attachment on behalf of an organization, I swear and affirm that I am authorized
to do so on behalf of th rganization and that action is binding on the Contractor
4/24lrB
B
c
D
Signature
Qforro Corrlnv:
Print Name
7855 South 20th
Address
Kenf" WA 98032
SCOPE OF SERVICES ATTACHMENT TO POLICE SERVICES AGREEMENT
Page 2 of 2
Date
by
DateKet
(Form Verslon: t2l2OL7)
KENT POLICE SERVICES AGREEMENT
THIS AGREEMENT is rnade between the City of Kent, a Washington municipal corporation(hereinafter''Kent''),andÆchcr!ons!ruc!þ¡-lnc.-,organizedunderthelawsofthe
State of Washington, located and doing business at
(hereinafter the "Contractor").
7855 South 206th reet Kent, WA 98032
I. TERM *AGREEMENT" FURTHER DEFINED - INCORPORATION OF ATTACHMENTS
AND INSURANCE EXHIBIT. The term "Agreement" as used throughout this document shall
mean this document, and any and all Scope of Services Attachments (hereinafter "Attachments")
which describe the scope of services to be performed. The Attachments are hereby incorporated
into thÍs Agreement by this reference. It is recognízed that the Contractor may request police
services on several occasions, and therefore, while this main Agreement will only be signed one
time, there may be multiple Attachments to this Agreement. This Agreement shall be enforceable
with regard to each instance of work performed pursuant to each Attachment. In the event of a
conflict between the terms of this Agreement and any Attachment, 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.
II. SCOPE OF SERVICES. Contractor desires to utilize the services of a commissioned Kent
police officer who will be dedicated to performing the services described in the Attachment(s) to
this Agreement.
Police officers shall only be permitted to provide políce-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 police-related.
III. COST OF SERVICES AND PAYMENT
A. Hourly Rate. Contractor shall pay to the Kent Police Department a sum for each
hour of worked performed by a commissioned police officer. The Chief of Police or his or her
designee shall have the authority to determine the hourly 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 instance that a police officer performs services under this
Agreement. Therefore, Contractor shall be required to pay to Kent the greater sum of four (4)
hours of work or the actual number of hburs worked during 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 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) police officers for six (6) hours each, Contractor shall pay for six (6) hours for each police
offícer for a total of twelve (12) hours.
C. Holiday Shifts and Shifts in Excess of Ten Hours. Shifts performed on holidays
shall be subject to an increased hourly rate that will be specified in the Attachment. Shifts that
POLICE SERVICES AGREEMENT - 1 (Form Version: tl20L6\
last in excess of ten (10) hours will be subject to a higher hourly rate for all work performed in
excess of ten (10) hours. The hourly rate for work performed in excess of ten (10) hours 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 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 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. Late 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 (1olo) 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 19.16 of
the Revised Code of Washington, use a collection agency to collect outstanding debts, or it may
seek collection by couft 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 thís Agreement
may, from time to time, be required to perform traditional police duties for the benefit of the
greater public, Therefore, 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 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 thifty (30) 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. INDEMNIFICATTON.
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 and attorney fees, arising out of or in connection with Kent's
performance of this Agreement, except for that portion of the injuries and damages caused by the
sole negligence of Kent or its officers or employees,
POLICE SERVICES AGREEMENT - 2 (Forrn Vers¡on: L/2Ot6)
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATTON PROVIDED HEREiN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY
UNDER IND, LJSTEI.AL-IN5U-ßANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS
INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
B. Indemnification and the Public Duty Doctrine. Contractor understands that,
pursuant to the legal doctrine in Washington called the "public duty doctrine," Kent, its Police
Department, and its officers and employees of the Kent Police Department, owe a general duty to
the public 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 remain
to the public ín general, and neither Kent, its Police Department, nor any of its officers or
employees have a specific duty of protection or care to the Contractor, its employees,
subcontractors, and agents, or any of its guests, or other people on the premises of the Contractor.
Moreover, neither Kent, its Police Department, nor any officer or employee of Kent guarantees, in
any way, the safety of any person or propefty as a result of the work performed under this
Agreement. In the event of injury to any person or propefty, Contractor shall not asseft that Kent,
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 propefty. This Agreement shall in no way create a duty for
Kent, its Police Depaftment, or any of its officers or employees where none previously existed. In
the event Kent is sued, and a court determines that the public duty doctrine does not apply, or an
exception to the public duty doctrine exists with relation to an injury to the person or property of
any employee, subcontractor, guest, or other person on the premises of Contractor, Contractor
shall specifícally indemnify, hold harmless, and defend Kent, its Police Department, and each and
every officer and employee thereof to the full extent permitted by law.
C. Survival. The provisions of this Section V shall survive the expiration or termination
of this Agreement and the obligations contained therein will continue to apply beyond the provision
of services called for in any Attachment.
VI. PARTIES ARE INDEPENDENT.
employee or agent of the other.
The pafties agree that neither shall be considered an
VII. TERMINATION, ALTERATION, OR RESCHEDULING. In the event Kent is unable to
obtain the services of a Kent Police Officer 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 be 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 the Policc
Depaftment by contacting its on-duty sergeant line at (253) 856-5840. A failure to cancel, alter,
or reschedule at least ten and one-half (10.5) hours before the services are called for shall result
in the Contractor paying the minimum four (4) hours of service provided for in Section III.B.
above, regardless of whether such services are provided at a later or rescheduled date and time.
VIII. CONTRACTOR SHALL ABIDE BY LAWS AND SHALL NOT DISCRIMINATE. At all times
during Kent's performance of this Agreement, Contractor shall abide by all laws and regulations
applicable to Contractor's business, Moreover, Contractor shall not, by reason of race, religion,
color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or
POLICE SERVICES AGREEMENT - 3 (Form versjon: L/zor6)
physical disability, díscriminate 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 maintaín 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 of its employees, agents, guests,
and all persons on Contractor's property and invitees at all times when a police officer is performing
servíces pursuant to this Agreement.
XI. MISCELLANEOUS 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, orto exercise any option conferred
by this Agreement in 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. Resolution of Disputes and Governing Law. This Agreement shall be governed
by and construed in accordance with the laws of the State of Washington. If the parties are unable
to settle any dispute, difference, or claim arising from the pafties'performance of this Agreement,
the exclusive means of resolving that dispute, difference, or claim, shall only be by filing suit
exclusively under the venue, rules, and jurisdiction of the King County Superior Court, King
County, Washington, unless the parties agree in writing to an alternative dispute resolution
process, In any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each pafty shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award
provided by law; provided, however, nothing in this paragraph shall be construed to limit the
Kent's right to indemnification under Section V.B. of this Agreement.
C. Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice hereunder shall become effective three (3) business days after the
date of mailing by registered or ceftified 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. Any assignment of this Agreement by either party without the written
consent of the non-assigning pafty shall be void. If the non-assigníng party gives its consent to
any assÍgnment, the terms of this Agreement shall continue in full force and effect and no further
assignment shall be made without additional written consent.
E. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of
Kent and Contractor.
F. Entire Agreement. The written provisions and terms of this Agreement, together
with any Exhibits or Attachments attached hereto or referenced herein, shall supersede all prior
verbal statements of any officer or other representative of Kent, and such statements shall not be
effective or be construed as entering into or forming a paft of or altering in any manner this
POLICE SERVICES AGREEMENT - 4 (Form Version: L/2016)
Agreement. All of the above documents are hereby made a part of this Agreement. However,
should any language in any of the Exhibíts or Attachments to this Agreement conflict with any
language contained in this Agreement, the terms 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 elfective 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 Agreernent, which shall become
effective on the last date entered below.
Print Nam.' st"uá'#¡åä'"u
CONTRACTOR:
By
DATE:
(titte)
4/2qß
Its Proiect Manaqer
Print Name: Kenneth Thomas
DATE:
KENT:
By
(signature)
Its Police Chief
NOTICES TO BE SENT TO:
CONTRACTOR:
Attn: Steve Cordova
Archer Construction
Kent WA q8n??7855 South 206th
2s3-872-7222
253-872-7277
(telephone)
(facsimile)
NOTICES TO BE SENT TO:
Sgt. SGT Matt Stansfield _
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(2s3) 856- 5809 (telephone)
(253) 856-6802 (facsimile)
CTTY OF KENT:
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