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HomeMy WebLinkAboutCAG2018-0268 - Original - Boeing Employees Coin Club - Security for Entertainment Event - 01/03/2018KENT POLICE SERVICES AGREEMENTW^irt¡otoù THTS AGREEMENT (herelnafter "Kent"), and State of Washlngton, is made between the Ci ty of Ken t, a Washlngton municipal corporation organized under the laws of the located and doing buslness at (hereinafter the "Contractor"). @ Ke¡rr Coupto¡l ç I. TERM *AGREEMENT" FURTHER DEFINED - INCORPORATION OF ATTACHMENTS AND INSURANCE EXHIBIT. The term "Agreement" as used throughout thls document shall mean thls document, and any and all Scope of Servlces Attachments (herelnafter "Attachments") whlch descrlbe the scope of services to be performed. The Attachments are hereby incorporated into thls Agreement by thls reference. It ls recognized that the Contractor may request police services on several occaslons, and therefore, whlle this maln Agreement will only be signed one time, there may be multiple Attachments to this Agreement. Thls Agreement shall be enforceable wlth regard to each lnstance of work performed pursuant to each Attachment. The Insurance exhlblt as required by Sectlon IX of this Agreement shall also be incorporated into thls Agreement as if set forth hereln ln full. ff. SCOPE OF SERVICES. Contractor desires to utllize the services of a commlssloned Kent pollce officer who will be dedicated to performlng the servlces descrlbed 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 hereln, and Contractor shall not ask or sollclt such pollce offlcers to perform work that ls not pollce-related. IIf,. 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 commlssloned pollce officer. The Chlef of Police or hls or her deslgnee shall have the authority to determlne the hourly rate that wlll be speclfied ln the Attachment. B. Four Hour Minimum Payment Requirement. There shall be a four (4) hour mlnimum payment required for each lnstance that a police offlcer performs services under this Agreement. Therefore, Contractor shall be requlred 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 pollce officer performs services, For example, lf Contractor needs two (2) pollce officers to work on the same day and at the same tlme for two (2) hours of work each, Contractor wlll be required to pay Kent for four (4) hours for each police offlcer, for a total of eight (8) hours, If Contractor needs two (2) pollce officers for slx (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 wlll be specified in the Attachment, Shifts that last in excess of ten (10) hours will be subject to a hlgher hourly rate for all work performed in excess of ten (10) hours. The hourly rate forwork performed ln excess of ten (10) hours may not POLICE SERVICES AGREEMENT - 1 (Form Verslon: t/20L6') be speclfled in the Attachment, but wlll be approxlmately at a rate of one and one-half (1.5) times the regular hourly rate charged on that day, The Contractor wlll be billed and shall pay the rate for work over ten (10) hours even lf not speclfled ln the Attachment, D. Method and Time of Payment. Kent shall, wlthln a reasonable time, submit a bill to Contractor for amounts owing for services performed, Contractor shall, withln fourteen (14) calendar days of receipt of such blll, pay the amount owlng to Kent. All payments shall be made to the "City of Kent" and shall be dellvered to: Clty of Kent Attn r Customer Services 220 Fourth Avenue South Kent, WA 98032 E. Late Payment Penalties. If Contractor falls or neglects to pay any involce within thlrty (30) calendar days from the date shown on the lnvoice as the "invoice 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, wlll be imposed one (1) month from the date payment was due, and at the end of each succeedlng monthly perlod, until all past due amounts are paid ln full. Any lnvolce or servlce charge due under this Agreement and unpald shall constitute a debt owed to Kent. Kent may, pursuant to Chapter 3.10 of the Kent Clty Code and Chapter 19.16 of the Revlsed Code of Washlngton, use a collectlon agency to collect outstandlng debts, or lt may seek collectlon by court proceedlngs, which remedles shall be ln addition to all other remedies. At the discretion of the Chlef of Police or hls or her designee, services may not be provlded to Contractors who have delinquent payments. IV. EMERGENCY INTERRUPTIONS IN SERVICE. Police officers performlng services called for ln thls Agreement shall at all tlmes be subject to the rules, regulations, and policies of Kent and its Pollce Department, and shall be required to follow the orders of supervisors and command staff. Contractor understands that pollce officers performing services pursuant to this Agreement may, from tlme to time, be requlred to perform traditional pollce duties for the benefit of the greater public. Therefore, from time to tlme, pollce otficers performlng services for Contractor may be requlred to respond to emergencles and abandon the services belng called for under this Agreement. In the event of thls occurrence, Contractor shall not be relleved of providlng full payment; provided, that ln the event the lnterruptlon 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 reductlon ln the costs of sèrvlces to account for the police offlcer's tlme not performing services under thls Agreement. V. TNDEMNIFICATION. A. General. Contractor shall defend, lndemnify, and hold Kent, its officers, offlcials, employees, agents, and volunteers harmless from any and all claims, injuries, damages, losses, or sults, including all legal costs and attorney fees, arislng out of or in connectlon wlth Kent's performance of thls Agreement, except for that portlon of the inJuries and damages caused by the sole negllgence of Kent or lts officers or employees. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTTUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS POLICE SERVICES AGREEMENT - 2 (Form Verslon: 1/2016) 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 ln Washington called the "public duty doctrine," Kent, its Pollce Department, and lts offlcers and employees of the Kent Police Department, owe a general duty to the publlc and not a speclflc duty of protection or care to the Contractor. Contractor understands that by enterlng lnto thls Agreement, the Police Department's and the police officer's dutles remain to the publlc in general, and nelther Kent, lts Pollce Depaftment, nor any of lts officers or employees have a speclfic duty of protection or care to the Contractor, lts employees, subcontractors, and agents, or any of lts guests, or other people on the premlses of the Contractor. Moreover, neither Kent, lts Police Department, nor any officer or employee of Kent guarantees, ln any way, the safety of any person or property as a result of the work performed under thls Agreement. In the event of inJury to any person or property, Contractor shall not assert that Kent, Its Police Depaftment, or lts pollce officer owed any speclal 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 ln no way create a duty for Kent, lts Police Department, or any of its officers or employees where none previously existed. in the event Kent ls sued, and a court determines that the publlc duty doctrine does not apply, or an exception to the public duty doctrine exists wlth relation to an lnjury to the person or property of any employee, subcontractor, guest, or other person on the premlses of Contractor, Contractor shall speclfically lndemnlfy, hold harmless, and defend Kent, lts Pollce Department, and each and every offlcer and employee thereof to the full extent permltted by law, The provisions of thls Section V(B) shall survive the explration or termination of this Agreement. VI. PARTIES ARE INDEPENDENT, employee or agent of the other. The parties 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 Pollce Officer to perform the servlces called for in the Agreement, Kent will contact Contractor, and advise Contractor that Kent ts unable to perform the services called for herein. Notlce by way of telephone, emall, wrlting, or in-person shall be adequate notice of such cancellation of servlces, and Kent shall not be llable for the cost of Contractor obtaining replacement servlces. In the event Contractor must cancel, alter, or reschedule the servlces called for by thls Agreement, Contractor must provlde at least ten and one-half (10.5) hours advance notice to the Police Department by contacting lts on-duty sergeant llne at (253) 856-5840, A failure to cancel, alter, or reschedule at least ten and one-half (10.5) hours before the servlces are called for shall result in the Contractor paying the mlnlmum four (4) hours of servlce provided for ln Section IIi,B. above, regardless of whether such servlces are provlded at a later or rescheduled date and tlme. VITI. CONTRACTOR SHALL ABIDE BY LAWS AND SHALL NOT DISCRIMINATE. At AII tiMCS durlng Kent's performance of thls Agreement, Contractor shall abide by all laws and regulatlons applicable to Contractor's buslness. Moreover, Contractor shall not, by reason of race, rellglon, color, sex, age, sexual orientation, natlonal orlgln, or the presence of any sensory, mental, or physlcal dlsablllty, dlscrlminate agalnst any person ln violatlon of any laws of the State of Washlngton or the Unlted States, POLICE SERVICES AGREEMENT - 3 (Form versloni 1/2016) IX. INSURANCE. Contractor shall at all times during Kent's performance of the servlces called for ln thls Agreement procure and malntain lnsurance of the types and ln the amounts descrlbed ln Exhlblt A attached and lncorporated by lhis reference. X. CONTRACTOR'S BUSINESS PERFORMED AT ITS OWN RISK. Contractor shall take all necessary precautlons and shall be responslble for the safety of its employees, agents, guests, and all persons on Contractor's property and invltees at all times when a pollce officer is performing servlces pursuant to thls Agreement. XT. MISCELLANEOUS PROVISIONS. A. Non-Waiver of Breach. The fallure of Kent to lnslst upon strlct performance of any of the covenants and agreements contalned ln this Agreement, or to exerclse any option conferred by thls Agreement ln one or more lnstances shall nst be construed to be a walver or relinqulshment of those covenants, agreements, or optlons, and the same shall be and remain ln full force and effect. B. Resolution of Disputes and Governing Law. Thls Agreement shall be governed by and construed in accordance with the laws of the State of Washlngton. If the parties are unable to settle any dlspute, dlfference, or clalm arlsing from the partles' performance of thls Agreement, the excluslve means of resolvlng that dlspute, difference, or clalm, shall only be by fillng sult excluslvely under the venue, rules, and jurlsdiction of the Klng County Superior Court, Klng County, Washington, unless the parties agree ln wrltlng to an alternative dispute resolution process, In any claim or lawsult for damages arislng from the parties' performance of thls Agreement, each pafty shall pay all lts legal costs and attorney's fees lncurred ln defendlng or brlnglng such clalm or lawsult, includlng all appeals, ln additlon to any other recovery or award provlded by law; provided, however, nothlng ln this paragraph shall be construed to llmit the Kent's rlght to indemnification under Section V.B. of thls Agreement, C. Written Notice. All communications regardlng this Agreement shall be sent to the partles at the addresses listed on the slgnature page of the Agreement, unless notifled to the contrary, Any wrltten notlce hereunder shall become effectlve three (3) business days after the date of malllng by reglstered or certlfied mail, and shall be deemed sufflclently glven if sent to the addressee at the address stated ln this Agreement or such other address as may be hereafter speclfied ln writlng. D. Assignment. Any assignment of thls Agreement by either party wlthout the wrltten consent of the non-assignlng party shall be vold. If the non-asslgning party gives lts consent to any asslgnment, the terms of thls Agreement shall contlnue ln full force and effect and no further asslgnment shall be made wlthout addltional wrltten consent. E. Modification, No walver, alteration, or modlflcation of any of the provislons of thls Agreement shall be blndlng unless in writing and slgned by a duly authorlzed representatlve of Kent and Contractor. F. Entire Agreement. The written provislons and terms of thls Agreement, together with any Exhlblts or Attachments attached hereto or referenced hereln, shall supersede all prior verbal statements of any officer or other representative of Kent, and such statements shall not be effectfve or be construed as entering into or formlng a paft of or altering in any manner thls Agreement. All of the above documents are hereby made a part of thls Agreement. However, should any language ln any of the Exhibits or Attachments to thls Agreement conflict wlth any language contained ln thls Agreement, the terms of this Agreement shall prevail, Further, the POLICE SERVICES AGREEMENT - 4 (Form Verston: t/20r6) representative slgning thls Agreement on behalf of Contractor swears and affirms that he or she ls authorlzed to enter lnto thls Agreement on behalf of Contractor and that action is blnding on the Contractor. G. Compliance with Laws. Contractor agrees to comply wlth all federal, state, and munlclpal laws, rules, and regulatlons that are now effective or ln the future become applicable to Contractor's buslness, equlpment, and personnel engaged ln operations covered by thls Agreement or accrulng out of the performance of those operatlons. H. Counterparts. Thls Agreement may be executed in any number of counterparts, each of whlch shall constitute an original, and all of whlch wlll together constltute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONTRACTORI I (slgnature) Davld E. BuehPrlnt Name: DATE: (tÌtte) Ll3lL8 KENT: By (slgnature) Print Name:Kenneth Thomas DATE: NOTICES TO BE SENT TO: CONTRACTOR: Attn : Davlrl F- Buehler Boelnq Emplovees Coln Club ITLLL 25th Ave F Shorellne, WA 98155 206 440 8206 .,- ,(telephone) 206 655 2797 (facslmile) NOTICES TO BE SENT TO: CITY OF KENT: sgt.SGT Matt Stansfiel d Clty of Keni 220 Fourth Avenue South Kent, WA 98032 (253) 856- 5809 - (telephone) (253) 856-6802 (facsimile) ¡l,rc tnr¡t.' ^ÉÈr.rL rr rrlDç!r wiriir;¡ POLICE SERVTCES AGREEMENT - 5 (Form Verslon: 1/2016) KENT SCOPE OF SERVICES ATTACHMENT To Police Services AgreementW¡áxrroto¡ I. Thls Scope of Serulces Attachment shall be lncorporated lnto the Police Services Agreement signed by Davld E. Buehlel (B.oelno Emoloyees Coln Clubì - (herelnafter'*Contractor") on L/3/t8 DESCRIPTION OF SERVICES. Contractor requests the services of a commissloned pollce officer who wlll be dedlcated to performlng the following services (check box that applles): ! Flagglng/Trafflc Control E Security for Entertainment Venue or Event tr Security for Retail Establishment n Guarding of Property, Bulldlngs, Possesslons, or Equipment tl other Pollce officers shall only be permltted to provide pollce-related servlces during the performance of the work called for herein, and Contractor shall not ask or solicit such pollce offlcers to perform work that ls not police-related. u.HOURLY RATE & NUMBER OF OFFICERS REQUIRED. The work called for hereln shall be pald by Contractor at the followlng hourly rates and the Contractor requests the followlng number of offlcers: Extra-Duty Work; Officer $ 70 per hour.Number of Officers Requlred:One 11) Extra-Duty Work: Supervisor $ 70 per hour. Number of Supervisors Required: Zero (0) Faur Hour Minimum, There shall be a four (4) hour mlnlmum payment required for each lnstance that a police officer performs seruices under the Agreement, Therefore, Contractorshall be requlred to pay to Kentthe greatersum of four(4) hours of work or the actual number of hours worked during each lnstance that a police officer performs servlces. For example, lf Contractor needs two (2) offlcers to work on the same day and at the same tlme 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) offlcers for six (6) hours each, Contractor shall pay for six (6) hours for each pollce officer for a total of twelve (12) hours. Overtime Rate. Contractor shall be required to pay the rate of one and one half (1.5) tlmes the rate specified above for any time worked by a police officer in excess of ten (10) hours in a shlft. Therefore, if a police officer works ten (10) hours, he or she shall be paid at the rate specified above. If the offlcer works twelve (12) hours, he or she SCOPE OF SERVICES ATTACHMENTTO POLICE SERVTCES AGREEMENT Page 1 of 2 n A. B (Form Vêrsloñ: 1/2016) shall be pald at the rate speclfled above for the flrst ten (10) hours, and at a rate of one and one half (1.5) times the rate specified above for the remalnlng two (2) hours, Hollday Rate. The followlng holidays are observed by Kent police offtcers: New year's Day, Martln Luther Klng Day, Presldent's Day, Memorlal Day, Independence Day, Labor Day, veteran's Day, Thanksgiving Day, Day after Thanksgiving, and christmas. Except as otherwise provlded ln this section, all hours worked during an observed holiday, or during 15:00 hours to 23:59 hours on Christmas Eve or New Vear's Eve, wlll be bllled at one and a half (1.5) tlmes the rate speclfled above. All hours worked on Thanksglving Day or Chrlstmas Day wlll be billed at a rate of two (2.0) times the rate speclfied above. D Contrâctor's Terminatian, Alteration. .or Reschedulinq of ieruices. Cancellaflon, alteratlon, or reschedullng of pollce 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 wlll be billed for a minimum payment of four(4) hours per officer scheduled for that date in accordance wtth Section II.A. above. Cancellation, alteratlon, or rescheduling notlfication can be made by phone or emall. LOCATION OF SERVICES. The services called for hereln shall be performed at the followtng locatlon: Kent Commons 525 4th Ave N Kent, WA 98032 A pollce officer will arrive at the above location on the date and ilme specifled below. DATE AND TIME FOR SERVICES. Contractor requests a Kent pollce ofticer provide services from 7:30 am January 20, 2018 to 10;30 am January 20, 2019. And from 2:30 pm January 21, 2018 to 6:30 pm January 21, Z0lB €¡+oo=u,*ls, W A 16155 c III IV By slgning below, I understand that I am entering a contract to hire police officers to perform the work descrlbed above, i agree to the terms of this Scope of Services Attachment and all of the terms contained withln the Police Services Agreement referenced hereln, and finally if I am signlng thts Scope of Services Attachment on behalf of an organization, I swear and affirm that I am authoriied to do so /---o\b\-J d-0uÞ{*^J-p,-I ehalf of the organization and that action is blndlng on the Contractor, Sig natu re D P.u ,o e- Date B .le H1€fL Prlnt Name Approved by: Kent Police Department Date nt\t L+É Awe Ñ€ Address Address (cont.) n:\C'lrifilrr\Op.n RlÍ\l3al-¡ilkoOti0uttôítm.\Pct!r Snfr¡c.r, 5rú¡r ôt Sôry¡..¡ ^xtrhrrnt fü. ot.ouLy wo,t drc¡ SCOPE OF SERVICES ATTACHMENT TO POLICE SERVICES AGREEMENT Page 2 of 2 (Form Verslon: I/2016)