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HomeMy WebLinkAboutCAG2019-0260 - Original - Columbia Distributing - Guarding of Property - 04/12/2019THTS AGREEMËNT (hereinafter "Kentn), and KF"llT POLTCE SERVTCES AGREEMENT is made between the C¡ty of Kent, a Wash ington municipal corporailon Columb Distributino lJ Lunde)*, organized under the laws of the State of Washington, located and doing business at hereinafter the "Contractor"). I. TERM *AGREEMENT" FURTHER DEFTNED - INCORPORATION OF ATTACHMENTSAND INSURANCE EXHIBIT. The term "Agreement" as used throughout this document shallmean this docurnent, and any and all Scope of Services Áftachrnents (hereinafter "Attachments") which describe the scope of. services to be performed. The Attachments arehereby incorporated into this Agreement by this reference. It is recognized that the Contractor may request police services on several occasions, and therefore, whÍle thís main Agreement willonly be signed one time, there may be multiple Attachments to this Agreernent. Thîs Agreementshall be enforceable with regard to each instance of work periormed pursuant to eachAttachment. In the event of a conflict between the terms of this Agieement and anyAttachment, the terms of this Agreement shall prevail. The Insurance exhibit as required by Sectlon IX of this Agreement shall also be incorporated intothis Agreement as if set forth herein in full. II. SCOPE OF SERVICES. Contractor desires to utilize the services of a commissioned Kentpolice officer who will be dedicated to performing the services descríbed in the Attachment(s) tothis Agreement. Police officers shall only be permitted,to provide police-related services during the performanceof the work called for herein, and Contractor shall not ask or solicít such policà officers toperform work that is not police-related. TII. COST OF SERVICES AND PAYMENT A. Hourly Rate. Contractor shall pay to the Kent Police Department a sum for eachhour of worked performed by a commissioned police offlcer. The Chief of police or his or herdesignee shall have the authority to determine the hourly rate that will be specified in theAttachment. B. Four Hour Minimum Payment Requirement. There shall be a four (4) hourminimum payment required for each instance that a police offícer peforms servjces under thisAgreement. 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 durihg each instarice that a police officerperforms services. For example, if Contractor needs two (2t police officers to work on the sameday and at the saqe time for two (2) hours of work each, tonlractor will be requfred to pay Kentfor four (4) hours for each police officer, for a total of eight (8) hours. If Contractor nèeds two(2) police officers for six (6) hours each, Contractor strait pay-for six (6) hours for each policeofficer for a total of twelve (12) hours. c. Holiday Shifts and Shifts in Excess of Ten Hours, Shifts performed on holidaysshall be subject to an increased hourly rate that will be specified in the Attachment. Shlfts that POLICE SERVICES AGREEMENT - I (Formversron: Lt2oL6) 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 approxlmately 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 Tirne of Payment. Kent shatl, within a reasonable time, submit a bill to Contractor for amounts owing for services performed. Contractor shall, withÍn 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 thitty (30) calendar days from the date shown on the invoice as the "lnvoice date," a service charge of one percent (10/o) 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 coutt proceedings, which remedÌes 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 SER\ÆCE, Police officers performlng seruices called for in this Agreement shall at all times be subject to the rules, regufations, and policies of Kent and its Police Department, and shall be requlred to follow the orders of supervisors and command staff. Contractor understands that police officers performing services pursuant to this Agreement may, from tlme to time, be required to perform traditional police duties for the benefit of the greater public. Therefore, from time to time, police officers perforrning 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 lnterruption lasts longer that one half of one hour (i.e., more than thirty (30) continuous minutes), Kent and Contractor will agree to an amount of a reduction in the costs of sen¿ices to account for the polfce office/s time not performÍng services under this Agreement. V. INDEMNIFTCATION. A. Gensral. 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 thîs 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 (Form Verslon: 1/2016) IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WATVER OF IMMUNIW UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTTES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY N EGOTTATED THIS WAIVER. B. Indemnification and the Public Duty Þoctrine. 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 dutyto the public and not a specific duty of protection or care to the Contractor. Contractor understands that by entering Ìnto this Agreement, the Police Department's and the police officer's duties remain to the public in 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 premlses 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 properff as a result of the work peformed under this Agreement. In the event of injury to any person or property, Contractor shall not assert that Kent, íts Police Departrnent, 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 property. This Agreement shall in no way create a duty for Kent, îts Police Department, or any of lts 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 publlc 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 specifically indemnÍñ7, hold harmless, and defend Kent, its Police Depaftment, and each and every officer and employee thereof to the full extent permitted by law. C. Su¡wival. The provisions of this Sectíon 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. Vf. PARTIES ARE INDEPENDENT. 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 servíces 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 notlce of such cancellation of services, and Kent shall not be liable for the cost of Contractor obtainin g 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 notíce to the Police Department by contacting lts 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 minímum 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 tímes during Kent's performance of this Agreement, Contractor shall abide by all laws and POLICE SERVICES-AGREEMENT - 3 (Form Verslon: LlzAß) regulat¡ons applicable to Contractor's business. Moreover, Contractor shall not, by reason of race, religion, color, sex, age, sexual orientatlon, national origin, or the presence of any sensory, mental, or physical disability, 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 ín 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 precautlons 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. XT. MISCELLANEOUS PROVISIONS. A. Non-Waiver of Breach, The failure of Kent to insist upon strict performance of any of the covenants and agreements contained ín this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishrnent 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 ín accordance with the laws of the State of Washington. If the partles are unable to settle any dispute, difference, or claim arising from the parties' 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 writlng to an alternative dispute resolutionprocess. In any claim or lawsuit for damages arising from the parLies' performance of this Agreement, each party 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 lirnit 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 certified mail, and shall be deemed sufficiently given if sent tothe 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-assigning party gives its consent to any asslgnment, the terms of thís Agreement shall continue ln full force and effect and no fufther assignment shall be made without addítional written consent. E. Modification. No waiver, alteration, or modlfication of any of the provisions of this Agreement shall be binding unless in wrÍtlng 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 Altachments attached hereto or referenced herein, shall supersede all prior POLICE SERVICES AGREEMENT. 4 (Form Verslon: 1/2016) verbal statements of any ofticer or other representative of Kent, and such statements shall not be effectlve 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 language ln any of the Exhibits or Attachments to thls 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 ls authorized to enter into this Agreement on behalf of Contractor and that action is binding on the Contractor. G. Compllance 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 applicableto 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 constltute this one Agreement. IN WITNESS, the parties below execute this llgreement, which shall become effective on the last date entered below. ¡rbklHd)F¡tull4¡eø'Hy&ffi ¡¡ek&^s¡!.m¡t ñrtrDyY&r co By Print Na 4* DATE:T-Ywl^ lq KENT: By (slgnature) Print Namer Rafael Padilla- DATEI 4 /s"¿r NOTICES TO BE SENT TOr CONTRACTOR: Attn;).&e-_ ?96 * TA *qqq â (telephone) (facsimile) NOTICES TO BE SENT TO: CITY OF KENT; sgt.SGT Matt Stansfie City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) Bs6- 5809 (telephone) (253) 856-6802 (facsimile) POLICE SERVICES AGREEMËNT - 5 (Form Verslon: L/20L6) KENT wASH¡[çl0N SCOPE OF SERVTCES ATTACHMENT To Police Services Agreement I. This Scope of Services Attachment shall be incorporated into the Police Seruices Agreement signed by hereinafter "Contractor") on 3-27 - t9-- DESCRIPTION OF SERVICES. Contractor requests the services of a commissioned police officer who will be dedicated to performing the following seryices (check box that applies): ! Flaggingflraffic Control Ü Security for Entertainment Venue or Event n Security for Retail Establishment X Guarding of Property, Buildings, Possessions, or Equipment X other Police officers shall only be permitted to provide police-related servíces 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 foltowing number of officers: X Extra-Duty Work: Officer Up to $80 per hour.x Number of Officers Requíred:2 Extra*Duty Work: Supervisor Up to $100 per hour.x Number of Supervisors Required:_ * 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 bllled subject to overtime holiday rates specified below. Contractor's rate may be lower. A,Foqtr 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) houns of workor 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 POUCE SERVICES AGREEMENT Page 1 of 2 T (Form Verslon: 12/2ot7 B.Avertìme 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 Lhe rate specif¡ed 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) tlmes the rate specified above for the remaining two (2) hours. c.Holiday ßate, The following holidays are observed by Kent police officers: New Year's Þay, 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 othen¡rise provided in this section, all hours worked during an obserued holiday, or during 15:00 hours to 23:59 hours on Christmas Eve or New Yea/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 wlll be billed at a rate of two (2.0) times the rate specified above. Contractor's Ter..mination' Alteration, or Rescheduling 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 starL time, Contractor will be billed for a minimum payment of four (4) hours per officer scheduled for that date ln accordance with Section II,A. above. Cancellatlon, alteratlon, or rescheduling notification can be made by phone or email. ilI.LOCATION OF SER\f,ICES. The seruices called for herein shall be performed at the following location: 20301 59th olace south. Ke t Wa. 98032 A police officer will arrive at the above location on the date and time specified below, DATE AND TIME FOR SERVICES. Contractor requests a Kent police officer provide services from 3pm -5am Thursday March z8t¡ 2019 through Wednesday April 3rd 2OL9. By si work gning below, I understand that I am entering a contract to hire police officers to perform the described a D IV con Sco to do within the agree to the terms of this Scope of Services Attachrnent and all of the terms ice services Agreement referenced herein, and finally if I am signing this t on behalf of an organization, I swear and affirrn that I am authorized action is binding on the Contractor, ?*21 *14 Date Lu^) Ça,z(, L¿df ,,1,1^. l(o5u t sig Print Name Address SCOPE OF SERVICES ATTACHMENT TO POLICE SERVICES AGREEM Page 2 of 2 rL Approved by: Kent ce Department Date (Forrn Verslon : Lzl 2077)