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HomeMy WebLinkAboutCAG2019-0257 - Original - Miles Resources, LLC - Flagging/Traffic Control - 05/01/2019KENT POLICE SERVICES AGREEMENTwAt*r¡oÌor THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter "Kent"), and Milçç ,ReçpU.rçeS" l-!9, organized under the laws of the State of Washington, located and dolng business at 400 Vallev Ave NE in Puvalluo. WA 98272 (hereinafter the " Co ntractor"). I. TERM *AGREEMENI" FURTHER DEFINED - INCORPORATION OF ATTACHIIENTS AND INSURANCE EXHIBIT. The term "Agreement" as used throughout this document shall mean thls 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 this 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 slgned one time, there may be multlple 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 thls Agreement shall prevall. The Insurance exhibÍt as required by Section IX of this Agreement shall also be incorporated into thls Agreement as if set forth herein in full. lf. SCOPE OF SERVICES, Contractor deslres to utilize the services of a commlssioned Kent police officer who will be dedlcated to performing the services described in the Attachment(s) to this Agreement. Pollce officers shall only be permitted to provide police-related services during the performance of the work called for hereln, and Contractor shall not ask or sollclt such police offlcers to perform work that ls not police-related. III, COSÎ 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 Chlef of Police or his or her designee shall have the authority to determine the hourly rate that will be specífied in the Attachment, B. Four Hour lrlinimum Payment Requirement. There shall be a four (4) hour minimum payment required for each instance that a police officer peúorms 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 durlng 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 elght (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 Shlfts in Excess of Ten Hours. Shifts peformed on holidays shall be subJect to an lncreased hourly rate that will be specified in the Attachment. Shifts that POLICE SERVICES AGREEMENT - 1 (Form Verslon: 112016) 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 bllled 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, wlthin fourteen (14) calendar days of receipt of such bill, pay the amount owing to Kent. All payments shall be made to the t'City of Kent" and shall be delivered to: Clty of Kent Attn: Customer Services 220 Fourth Avenue South Kent, WA 98032 E. Late Payment Penaltles. If Contractor fails or neglects to pay any involce within thlrty (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 unpald 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 pald ln full. Any invoice or service charge due under this Agreement and unpaid shall constltute a debt owed to Kent. Kent may, pursuant to Chapter 3.10 of the Kent Cfty 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 court proceedings, whlch remedies shall be ln addition to all other remedles. At the discretion of the Chief of Police or his or her designee, services may not be provided to Contractors who have dellnquent payments. fV. EMERGENCY INTERRUPTIONS IN SERVICE. Police officers performing services called for in this Agreement shall at all times be subJect to the rules, regulatlons, and pollcies of Kent and its Police Department, and shall be required to follow the orders of supervisors and command staff. Contractor understands that police offfcers performing services pursuant to this Agreement may, from time to tlme, be required to perform traditional police dutles for the benefit of the greater public. Therefore, from time to time, pollce offlcers performing servlces 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 relleved of provlding full payment; provided, that in the event the lnterruption lasts longer that one half of one hour (i,e., more than thlrty (30) continuous mlnutes), Kent and Contractor will agree to an amount of a reduction ln the costs of services to account for the pollce officer's time not performing serulces under thls 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 and attorney fees, arising out of or ln connectlon with Kent's performance of this Agreement, except for that portlon of the lnJurles and damages caused by the sole negligence of Kent or its officers or employees, POUCE SERVICES AGREEMENT. 2 (Form Verslon: 1/2016) TT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INÞU$TßIA!. I,NEURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATON. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER, B. Indemnification and the Public Duty Doctrlne. 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 Depaftment's and the police office/s duties remain to the public in general, and neither Kent, lts Police Depaftment, 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, ¡ts Pollce Department, nor any officer or employee of Kent guarantees, in any way, the safety of any person or propeÉy as a result of the work performed under this Agreement. In the event of inJury to any person or property, Contractor shall not asseft that Kent, its Police Department, or its police offlcer owed any special duty to protect persons or property or provide care for such persons or property or had any special relationship wlth the owner or any other person to protect persons or property. This Agreement shall in no way create a duty for Kent, its Police Department, or any of its offlcers or employees where none prevÍously exlsted. In the event Kent is sued, and a cou¡t determlnes that the public duty doctrlne does not apply, or an exception to the public duty doctrlne exlsts with relation to an injury to the person or property of any employee, subcontractor, guest, or other person on the premlses of Contractor, Contractor shall specifically indemnifu, hold harmless, and defend Kent, its Police Depaftment, 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 expiratlon or terminatlon 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 nelther shall be consldered 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 Pollce Officer to perform the services called for in the Agreement, Kent will contact Contractor, and advlse 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 servlces, 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 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 shall result in the Contractor paying the minlmum 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 SERVTCES AGREEMENT ' 3 (Form verslon: tl20t6, regulat¡ons appl¡cable to Contractor's business. Moreover, Contractor shall not, by reason of raðe, rellgion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, ór 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 tlmes during Kent's performance of the servlces called for in this Agreement procure and maintain insurance of the types and ln the amounts described in Exhibit A attached and incorporated by this reference. X. CONIRACTOR'S BUSINESS PERFORMED AT ITS OWN RISK. CONTTACTOT ShAII IAKC AII necessary precautions and shall be responsible for the safety of its employees, agents,,guests, and all Éeisons on Contractor's property and invitees at all tlmes when a police offlcer is performing services pursuant to this Agreement. XI. }IISCELLANEOUSPROVISIONS. A, Non-Waiver of Breach, The failure of Kent to lnsist upon strict performance of any of the covenants and agreements contained ln this Agreement, or to exerclse 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 optlons, and the same shall be and remain in full force and effect. B. Resotution of Dlsputes and Governing Law. This Agreement shall be governed by and construed ln accordance with the laws of the State of Washington. If the partles are unable to settle any dlspute, difference, or claim arising from the partles' performance of this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall only be by flling suit excluslvely under the venue, rules, and Jurisdiction of the King County Superlor Court, Kinı County, Washlñgton, unless the parties agree in wrlting to an alternative dispute resolutlon proðess. In any claim or lawsuit for damages arising from the _pafties' performance of thls Agreement, each party shall pay all its legal costs and attorney's fees lncurred in defendlng or bñnging such claim or lawsuit, inctuding all appeals, in addition to any other recovery or award proviUiU by law; p.royided, however, nothing in this paragraph shall be construed to l¡mlt the kent's right to lndemniflcatlon under Section V.B. of thls Agreement. C. Written Notice. All communicatlons regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreem.ent, unless notified to the tontrary. Any written notice hereundershall become effective three (3) business days.afterthe date of'mailing by registered or certified mail, and shall be deemed sufficlently given if sent to the addressee ai the address stated ln this Agreement or such other address as may be hereafrer specified in writlng. D. Asslgnment. Any assignrnent of this Agreernent by either party without the written consent oï tfre non-assigning party shall be void, If the non-assigning party gives its consent to any assignment, the termi of this Agreement shall contlnue in full force and effect and no furtherassignment shall be made without additional written consent. E. Modlflcation. No walver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorlzed representatlve of Kent and Contractor. F, Entlre Agreement. The written provisions and terms of this Agreement, together with any Exhibits or Attachments attached hereto or referenced herein, shall supersede all prlor POUCE SERVICES AGREEMENT - 4 (Form verslon: 1/2016) verbal statements of any officer or other representative of Kent, and such statements shall not be effective or be construed as entering into or formlng a part of or altering ln any manner this Agreement. All of the above documents are hereby made a part of thls 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. Further, the representative signlng this Agreement on behalf of Contractor swears and affirms that he or she is authorized to enter into this Agreernent 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 appllcable to Contractor's buslness, equlpment, and personnel engaged fn operations covered by this Agreement or accruing out of the pedormance of those operations. H. Gounterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an orlginal, and all of which will together constltute this one Agreement. IN WIINESS, the part¡es below execute this Agreement, whlch shall become effectlve on the last date entered below. CONTRACTORI By Prin me: DATE: KENT: By ø"Á (stgnature) Print Name: Rafael Padilla DArE: øS- Ú/- / î NOTICES TO BE SENT TO: CONTRACTOR: Attn:fn lephone) (facsimile) NOTICES TO BE SENT TO: CITY OF KENT¡ sgt.SGT Matt Stansfield City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856- 5809 (telephone) (253) 8s6-6802 (facslmile) lçdtûq.fr'lel{úíùro*t t .u¡Ñ{ahtù.r $e POLICE SERVICES AGREÊMENT - 5 (Fo¡m Verslon: f/2016) KENT SCOPE OF SERVICES ATTACHMENT To Police Services Agreement This Scope of Services Attachment shall be incorporated into the Police Services {gregment signedby ^a rLÉ( u É (od È¿-Ëi, LL (.-, - (hereinafter "Contractor") on //¿l-/t I 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 tr Security for Entertainment Venue or Event D Security tor Reta¡l Establishment tr Guarding of Property, Buildings, Possessions, or Equipment n 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 offícers 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 offícers: a Extra-Duty Work: Officer Up to $80 per hour.* Number of Officers Required: Extra-Duty Work: Supervisor Up to $100 per hour,*Number of Supervisors Required : ___ * Note: Hourly rates are quoted "up to" a specified amount, Offícers are paid different rates based on factors such as time in service, assignment, educat¡on, 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 sarne 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. lf 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 n (f:orrrt Vr:rstoo: l2i îOl, Overtíme Rate. Contractor shall be required to pay the rate of one and one half (1.5) times the rate specified above for any tíme 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 remaÍning two (2) hours. Holiday Ratg. 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 haff (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, or Rescheduling of Services. Cancellation, alteration, or rescheduling of police officer services by the Contractor for a specific date must be made at feast 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. TOCATION OF SERVICES. The services called for herein shall be performed at the following locat B c D '"\-ruñ!hst e qW ÞL S A police officer will arrive at the above location on the date and tíme specified below. rv' iililffi.1i,Ëf,'ffi#-':'ù:"'iä1iäË:ä)åö$!fifff ö,T8H" serv ces 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 behalf of the organizat¡on and that action is binding on the Contractor.71-' 4 - Att-14 s re Date Patrick McBride Print Name 4OO Vallev Ave NE Address Payailw,wA q8372 SCOPE OF SERVICES ATTACHMENT TO POLICE SERVICES AGREEMENT Page 2 of 2 Approved by: d,f-at1¿ Kent ice Department Date (l:orrn Vr,rsro.l : l2120 | 7l SCOPE OF SERVICES ATTACHMENT TO POLICE SERVICES AGREEMENT Pagc 2 of 2 (lornr Vurtton lår¿01 f¡