HomeMy WebLinkAboutCAG2020-0258 - Original - Carpinito Brothers - Flagging/Traffic Control - 03/09/2020KENT POLICE SERVICES AGREEMENTWrórirrÒtol
THIS AGREEMENT is ade between the City of Kent, a Washington municipal corporat¡on
(hereinafter "Kent"), and organ ized nder the laws of
the State of Washington, I and doing business at
(hereinafter the "Contractor").
I. TERM *AGREEMENT" FURTHER DEFINED . INCORPORATION OF ATTACI{MENTS
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 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 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,
If. 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 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.
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 by a commissioned police officer. The Chief of Police or his or her
designee shall have the authoríty 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 hours 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 eÍght (8) hours. If Contractor needs two
(2) police officers for six (6) hours each, Contractor shall pay 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 subject to an increased hourly rate that will be specified in the Attachment, Shifts that
POLICE SERVICES AGREEMENT. 1 (Form Verslon: U20t6)
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 approxirnately 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, withín fourteen (14)
calendar days of receipt of such bíll, 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 Foufth 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 "ínvoice date," a service
charge of one percent (Lo/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 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 Depaftment, 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, from time to tîme, 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 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
peforming services under this Agreement.
V. INDEMNIFTCATION.
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 (Form Verslon: U20I6)
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCF, 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 Policet
Department, and its officers and employees of the Kent Police Depaftment, 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 thls Agreement, the Police Department's and the police:
off;cer'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 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 property 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 Ín 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 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 specifically 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. 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 Police Offìcer 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 ín-person shall be adequate
notice of such cancellation of services, and Kent shall not be liable for the cost of Contractor
obtaining replacement serv¡ces.
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 Police Department 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 shalf 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.
VIIT. CONTRACTOR SHALL ABIDE BY LAWS AND SHALL NOT DISCRIMINATE. At AII
times during Kent's performance of this Agreement, Contractor shall abide by all laws and
POLICE SERVICES AGREEMENT * 3 (Form Verslon: |/2016)
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 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 thís 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 of its employees, agents, guests,
and all persons on Contractor's propefty and invitees at all times when a police officer is
performing services 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, or to 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 pafties 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 päy 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 certified 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 wÍthout the
written consent of the non-assigning pafty shall be void. If the non-assigning pafty gives its
consent to any assignment, the terms of this Agreement shall continue in full force and effect
and no fufther assignment shall be made without additional written consent.
E. Modification. No waiver, alteration, or modificat¡on of any of the provisíons 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
POLICE SERVICES AGREEMENT - 4 (Form Verslon: 712016)
verbal statements of any off¡cer 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
Agreement. All of the above documents are hereby made a paft of this Agreement. However,
should any language in any of the Exhibits or Attachments to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail. Fufther, the
representative signing th¡s 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:
By
Print me:
DAIE: O3/ozl 2Ò
KENT:
Byr
(signature)
Print Name: Rafael Padilla-
Its Police Chief
DAÏE:ö3- tq- a ôk2
NOTICES TO BE SENT TO:
CONTRACTOR:
Attn
7 5j - lß4 +; 6qZ (telephone)
26A - e\U- ztsî (facsimile)
NOTICES TO BE SENT TO¡
CITY OF KENT:
sgt.SGT Matt Stansfie
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856- 5809 (telephone)
(253) 856-6802 (facsimile)
¡:rir¡nfil.r&.n Filcnl3S{.¡'ôlictOtr hWv¡dh.\PôliÂe À'dlâr5.nhe6 Ás.¿nmtlùtrhry WoÁ dær
POLICE SERVICES AGREEMENT - 5 (Form Version: 7/2016)
KENT SCOPE OF SERVICES ATTACHMENT
To Police Services Agreement
lnrs
by
I
II.
K
of Se Attachment shall be incorporated ¡nto the Police Services Agreement signed
hereinafter "Contractor") on (X,/r:tiz I ZfiT,
S. Contractor requests the services of a commissioned police
officer who will be dedicated to performing the following services (check box that applies):
n
tr
tr
Flagg ing/Traffic Control
Security for Entertainment Venue or Event
Security for Retail Establishment
Guarding of Property, Buildings, Possessions, or Equipment
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.
HOURTY 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:
K Extra-Duty Work: Officer
Up to $80 per hour.x
Number of Officers Required:L
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 offícer
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 (B)
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.
tr
SCOPE OF SERVICES ATTACHMENTTO POLICE SERVICES AGREEMENT
Page 1 of 2 (Form Versloni 72/20t7
Overtime Ra-te. 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)
hours.
c.Holiday Rate. 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 Thanksgivíng, 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, Alteration, qf-- 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 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:
B
D
Av¿ l.)go37
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
from _ a _,2O_ to _ am/pm , _,2O_.I corream enteri
(wY\i
that I
rÐond¿t.. vL*
n$ ã contract to hire police officers to perform the
ee-
By signing below, I understand
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 the nization and that action is bindi ng on the Contractor
Coel¿c>
Sign Date
Print Name
ttttl (o,nlnrl Â,* ru úe,,rþ. UA 980s2
Address
SCOPE OF SERVICES ATTACHMENT TO POLICE SERVICES AGREEMENT
Page 2 of 2
Approved by
Ken Dateice Department
(Form Version : L2l2Ot7)
121'19120,19
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD¡ÍYYY)
12t19t2019
THIS CERTTFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THÊ COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, ANT} THE CERTIFICATE HOLDER.
IMPORTANT: lf the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
lf SUBROGATION lS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificafe does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
Ahern lnsurance Agency LLC
27116 167th Pt SE
#'114
Govington WA 98042
Michaela Ahern
253.854.3883 253.854.4040
michae ersins ura nce.com
INSURERISI AFFORDING COVERAGE NAIC #
tNstrRERA: Mid Century lnsurance 21687 A+
INSURÊD
Carpinito Brothers lnc
1148 N Central
Kent WA 98032
Mike Garpinito
INSURER B :
INSIIRER C :
INSURER D
INSURER E
INSURER F:
NUMBER:REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY TFIE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
til5RttÞ TYPE OF INSURANCE POLICY NUMBER POLICY EFFlMil/Dn/wì POLICY EXP
IMM'ND/VYVYì LlMtfs
A COMMERCIAL GENÊRAL L¡ABILITY
cLA¡rvs-MADE |7l o""r*
r#^'ff:"'J
OTHER:
60017 25 83 ù1t21t2020 0'v21t2021 EACH OCCURRENCE s 2,000,000
DAMAGE IO RTNIhI.)
PREMISES lEa occurrencel s 75,000
I/ED EXP (Any one person)E 5,000
PERSONAL & ADV INJURY E 2,000,000
GENERAL AGGRFGATE s 4,000,000
PRODUCTS . COMPiOP AGG s 4,000,000
$
AUTOMOBILE LIABILITY
ANY AUTO
OWNED
AUTOS ONLY
HIRED
AUTOS ONLY
SCHEDULED
AUTOS
NON-OWNED
AUTOS ONLY
60017 2s 83 01t21t2020 01t2112021 $ 2,000,000
BODILY ìNJURY (Per person)$
BODILY INJURY (Por accident)$
$
$
UMBRELLÁ LIAB
EXCESS LIAB
OCCUR
CTAII\,tS.IVIADE
EACH OCCURRENCE $
AGGREGATE $
DFT)RETFNT¡ON S $
A
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANYPROPRIETOFYPARINEFYEXECUIIVE
OFFICERYMEMBER EXCLUDED?
(Mandatory ¡n NH)
lf yes, descr¡be under
DESCR¡PTION OF OPERATIONS below
N/A
60017 25 83 01t2'U2020 01t21t2021 PTRI'srarr rrF I V otH-
FR
E.L, EACH ACCIDENT s 1,000,000
E.L, DISEASE - EA EIV1PLOYEE s 1,000,000
Ê.1- DISEASE - POLICY LJI\,{IT s 1,000,000
DESCRIPTIONOFOPERATIONS/LOCATIONS/VEHICLES (ACORD10l,Add¡tionalRomarksSchedule,maybeattachedifmorespace¡srequ¡red)
The Kent Pol¡ce Department is added as a cêrtificate holder and additional insured for Carpinito Brothers lnc
CERTIFICATE HOLDER
O 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIR.ATION OATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
"2<ã<¿
AUTHORIZED REPRESENTATIVE
Kent Police Department
City of Kent
220 4th Ave S
Kent, WA 98032
ACORD 25 (2016/03)