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)
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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
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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.
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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
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SCOPE OF SERVICES ATTACHMENT TO POLICE SERVICES AGREEMENT
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