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HomeMy WebLinkAboutCAG2018-0256 - Original - New Beginnings Christian Fellowship - Police Services - 03/13/2018(hereinafter "Kent"), and KENT POLICE SERVICES AGREEMENT THIS AGREEMENT ¡made between City of ñt,a ashington municipal corporation ni under theñsll¡¡ôü15 the State of Washington, located and doing business at orga trð ïLo*t)5 (hereinafter the "Contractor"). I. TERM *AGREEMENT" FURTHER DEFINED - INCORPORATION OF ATTACHMENTS AND INSURANCE EXHIBIT. The term "Agreement" as used throughout this document shallmean this document, and any and all Scope of Servíces Áttachments (hereinafter "Attachments") which describe the scope of services to be performed. The Attacñments are hereby incorporated into this Agreement by this reference. It is recognized that the Contractormay request police services on several occasions, and therefore, while this main Agreement willonly be signed one time, there may be multiple Attachments to this Agreement. This Agreementshall be enforceable with regard to each instance of work performed pursuant to each Attachment. The Insurance exhibit as required by Section 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 described 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 solicit such police officers toperform 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 eachhour of worked performed by a commissioned police officer. 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 officer performs services 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 during each instance that a police officerperforms 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 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 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 holidaysshall be subject to an increased hourly rate that will be specified in the Attachment. Shifts thatlast in excesi of ten (10) hours will be subject to a higher lrourly rate for all work performed in POLICE SERVICES AGREEMENT - 1 (Form verslon: L/2ot6) 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 billto 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 withinthirty (30) calendar days from the date shown on the invoice as the "invoice date," a service charge of one percent (Io/o) of the amount of the unpaid balance on the account or two dollars($2'00), whichever sum îs 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 ofthe Revised Code of Washington, use a collection agency to collect outstanding debts, or it may seek collection by coutt 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 paymerits. IV. EMERGENCY INTERRUPTIONS IN SERVICE. Police officers performing services calledfor in this Agreement shall at all times be subject to the rules, regulations, and policies of Kentand íts Police Department, 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 time, police officers performing services for Contractor may be required to respond to emergencies and abandon the services belng calledfor 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 performing services under this 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 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 Version: L/2OL6) IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, 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 dutyto the public and not a specific duty of protection or care to the Contractor, Contractor understands that by entering into thís Agreement, the Police Depaftment's and the police officer's duties remain to the public in general, and neither Kent, its Police Department, nor anyof 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 property, Contractor shall not assert 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 property. This Agreement shall in 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. The provisions of this Section V(B) shall survive the expiration or termination of this Agreement. VI. PARTIES ARE INDEPENÞENT. 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 Police 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 POLICE SERVICES AGREEMENT - 3 (Form version: uzot6) race, relígion, 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 this 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 property 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 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 Couft, King County, Washington, unless the parties agree in writing to an alternative dispute resolutionprocess. In any claim or lawsuit for damages arising from the parties'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 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 pafties 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 tothe addressee at the address stated in this Agreement or such other address as may be hereafter specified in wríting. 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 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 modífication 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 POLICE SERVICES AGREEMENT - 4 (Form Version: L/20L6) be effective 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 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, 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 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 counterpafts, 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¡ \ DATE ln Its By Print Name:Print Name: Kenneth Thomas KENT: hief By Its Police DATE: NOTICES TO BE SENT TOr 7 ot, *4 I I -brA:l l¿ (retephon e) c¡t¡llln¿¡¿¿qq'lürFJltril*) CONTRACTOR: tAttn NOTICES TO BE SENT TO: City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856- 5809 (telephone) (253) 856-6802 (facsimile) CITY OF KENT: sgt.StansfieldSGT M Irchil ti¡.¡{td ¡ildX¡¡¡.¡didf.h{Ortr¡ñ..Idl¡éthddtñù.¡ ^r..8úr &Ofhty NqUd POLICE SERVICES AGREEMENT - 5 (Form Version: Ll2O16) DAÎE (IIIM/DD'YYYT 03/06/2018 ONLY ALTER CERTIFICATE CERTIFICATt{ts TE tssuED AS MAA OFTTER TIONINFORMA CONFERSAND RIGHTSNO fl.|UFON E CERTIFICA TE HOLDER.THISTECERTIFICADOESNOTFIRMAAFYTIVELORNEGAYTIVELEXTENDAMEND,OR THE AFFORDCOVERAGE ED BY POLITHE ctEsBELOW.THIS OF DOESINSURANCE NOT CONSTITUTE CONTRACTA THEBETWEEN ISSUING AU TI{ORIZEDrNsuRER(s),AREPRESENT ORTIVE AND ETH CERTIFICAPRODUCER,1E HOLDER Chu¡ch Mutual lnsurance 18767 wA 98055 wl 54452 the policy(les of the pollcy, ANT:IMPORT theff holder anls m ust have ADDINONAL orprovlslons endorsed.SUBROGAtf tsTION theto andtgrmaWAIVED,condlflonssub¡6ct certain policies anrê Aendorsement.requirnay onstatementcertlficatethlsnotdoesconfertothelnholderoflleu 19300 1O8TH AVE SE RENTON INSUREO NEW BEGINNINGS CHRISTIAN FELLOWSHIP Claire L Zimmerman cs3@ch 1 PRODUCER Church Mutual lnsurance Company 3000 Schuster Lane P.O. Box 357 Merrill CERTIFICATE OF LIABILITY INSU RANCE CATE NUMBER TE REVISION @ 1s88-2015 ACORD IS TOT}IIS CERTIFY THETHAT OFPOLtCIES LISTEDINSURANCE BELOW HAVE ISSUBEEN TOED INSUREDTHE NAMED ABOVE THEFOR CYPOLI PER roDNOTWITHSTANDINGDICATED.IN ANY TERMREQUIREMENT CONDITIONOR ANYOF ORCONTRACT OTHER OOCUMENT RESPECTWITH TO vvt-l TlilslcHMAYCERTIFICATEISSUEDBEORMAYTHEINSURANCEPERTAIN,AFFOROEO IHEBY DESCRIBEDPOLICIES ISHEREIN UBJECTs ALLTO THE TERMS,ANDEXCLUSIONS CONDITIONS OF POLtCtES.SUCH tTsLIM MASHOWN HAVE REDUCEDBEEN PAIDBY CLAIMS. IYPÉ OF INSURÂNCE Lttr{Ts OCCURRENCE 2,000,000 1 000 MED EXP onê & AOV INJURY 2 5 PRODUCTS -AG6 A COMMERCIALGENERAL UABILIlY cLAIMs-MADE ìX o"u* GEN'L AGGREGAIE LIMITAPPLIES PER:[- pno-I JECT LJPOUCY LOC 0221123-02-016461 07121t2017 07t21t2020 $ ¡ BOOILY INJURY (P?r p€Fon)I BODILY INJURY (Pôr sæidênr)$ ANY AUTO OWNED AUTOS ONLY HIRED AUIOS ONLY SCHEOULED AUTOS NONOWNËD AUTOS ONLY AUIOI,IOBILE UABIUTY $ EACH OCCURRENCE UMBRELI.A UAB EXCESS UAB OCCUR CLAIMS.MAOE TE ACCIDENT E.L. EMPLIOYERS' LIABIUTY Y/Ntl dæøibe N/A ÞISEASE - POLICY LocAloNs / vEHlcLEs (acoRo tot, additlonlt R¡rorks sch€dutr, roy bo ãnâqhld if mo[ spãc. ts EqutÞd) Evidence of Liability lnsurance for the use of an offduty policy ofiicer on a4n1lß at the church premises. Commercial General Liabilily Additional lnsured = Thecity of Kent, subject lo lhe coverage provided by the referenced policy. A22o sRAp s20 OESCRIPTIOI{ OF OPERAÎIONS / CITY OF KENT 525 FOURTH AVE KENT wA 98031-4428 SHOULD ÂNY OF THE ABOVE DESCRIBED POUCIES BE CAàICELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZEO REPRESENTATIVEgtt',- ACORD 25 (2016/03)The ACORD name and logo are registered marks of AGORD CORPORATION. All rights reseryed.