HomeMy WebLinkAboutCAG2020-237 - Original - Off Duty Services - Security of Retail Establishment - 07/24/2020ApprovalOriginator:Department:
Date Sent:Date Required:
Authorized to Sign:
o Director or Designee o Mayor
Date of Council Approval:
Budget Account Number:
Budget? o Yes o No
Grant? o Yes o No
Type:Review/Signatures/RoutingDate Received by City Attorney:Comments:
Date Routed to the Mayor’s Office:
Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category:
Vendor Number:Sub-Category:
Project Name:
Project Details:
Agreement Amount:
Start Date:
Basis for Selection of Contractor:
Termination Date:
Local Business? o Yes o No*
*If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace.
Notice required prior to disclosure?
o Yes o No
Contract Number:
Agreement Routing Form
For Approvals, Signatures and Records Management
This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms.
(Print on pink or cherry colored paper)
Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20
KENT POLICE SERVICES AGREEMENT
THTS AGR.EËMENÏ
(hereinafter "Kent"), and
the State of Washington, located and doing business at
(here. inafter the "Contractor").
is made between the Citv of Kent, a Wa
cr_tr_ .LùfLl_r!È-9i1qqr __ *__ ¡
shington nrunicipal corporation
anized nder he laws ofùu
A
'11l"13
T. TERM ''AGREEMËNT- FURTI.IER DEFTNËÞ * ENCORPÛRATION OF ATTACHMENTS
Af*û INSURANCE EXHIBIT" The term "Agreernent" as used throughout this document shall
r-ï'쀿ìn this docurnenl, and any and all Scope of Services Attachments (hereinai[er'
"Attachments") which describe the scope of services to be performed. The Attachments are
liereby incorporated into this Agreement by this reference. It is recognized that the Contractor
may request police services on severai occasions, and thereiore, while this main Agreement will
only be signed one time, there may be nrultiple Attachnrents to this Agreement. This Agreemeilt
shall be enforceable with regard i.o eeci'l ìnsl-ance of wc.rk performed pursuant to each
Attachment. In the ev*nt of a conf{ict between ihe'¿e¡'nrs of this Agreement and ãrr',
Attaclrnient, the terms or tiris Agreement shail prevali'
Tire Insurance exhibit as requii'ed by Section IX of this Agreement shall also be incorporateci inic
this A.greement as if set forth herein in full'
ÍI" SCOPE OF SËRVICES. Contractor desires to utiiize the services of a commissioned l(ent
¡;o!;r:e oflicer who will be detjicated to performing the senrices described in the Attachment(s) to
tlii:; ;\çreenrent.
pciict¡ officers shall only be pernritted ro provide police-related services during the perforffìance
of rhc work called for lrerein, and Contractor shall not ask or solicit such police officers to
perfr:rrn lrrork that is not police-related'
rTT. C$ST TF SERVTCES ANÐ PAYME¡I¡T
A, Hourly Rate. Contractor shall pay to the Kent Police Department a sum for each
helurr of worked peiformed by a commissioned police officer. The Chief of Police or his or her
rCesignee sliall have the authority to dei;ernrine the hourly rate that will be specified in the
Allachment.
B" Four f"lour Minin1um Fayment Requirernent. There shall be a four (4) hour
rni¡imum 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)
hðu¡-s of work or the actual number of hours worked drrring each instance thal a police officei'
periorrns services. For example, if Contractor needs tr,vo (2) police officers to work on the same
äay anci at the same time for two (2) hcrirs of work eäch, Contractor will tre required Lo pay Kent
for four (4) hours for each police officer, for a total of eight (8) irours. If Contractor needs two
i2) police officers for six (6) Tiours í'aclr, Ccrrtra;tcr"sireli paV ftlr- six (6) houi-s for each poiice
officer fo¡'a 'iotai of twelve (1.2) h*ui-s.
C. Floliday Shifts and Sl"¡ifts ir¡ Ëxce¡¡s of îen Flours" 5hifts performed on holidays
shali be subject to an increesed hourly rât€ that wiil be specified in the Attachment. Shifts that
POLiCË SERVICES AGREEMENT . 1.(Forrn Vers¡on: l/2016'r
last in excess of ten (10) hours will be sr"rbject 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 billed and shall pay
the rate for work over ten (1"0) nours even if not specified in the Attachment.
D. Method and Time of Payrnent. Kent shall, within a reasonable time, submit a bill
to 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 payrnent Fenalties" If Contractor fails or neglects to pay any invoice within
thirty (30) calendar days from the date shown on lhe invoice as the "invoice date," a service
charge'of one percent (1?o) of the amount of the unpaid balance on the account or two dollars
($2,00), whichever sum is greater, wiil be imposed one (1") month from the date payment was
àue, and at the end of each sr-rcceeding monthly period, until all past due amounts are paid in
full.
Any invoice or service chai'ge due under this Agreement and unpaid shall constitute a debt
owed to Kent" Kent may, pursuant to Chapter 3.1"0 of the Kent City Code and Chapter 19'16 of
the Revisecl Code of Washington, use a collection agency to collect outstanding debts, or it may
seek collecti6n by court procàedings, 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 SËRVICE. Police officers performing services called
for in this Agreement shall at all times be subject to the rules, regulations, and policies of Kent
antl its poiice 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, frorn time to time, police officers performing services
for Contractor may be required to respond to emergencies and abandon the services being called
for under this Agr^eement. 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 oi
brre houi (i.e., more than thirty (30) contínuous minutes), Kent and Contractor will agree to an
anrc¡unt of a reduction in the costs of services to account for the police officer's time not
performing services under tl'tis Agreement'
V. TNÞEMNIFICATTCIN.
A. General. Contractor shall defend, inden"inify, and hold Kent, its officers, officials,
employees, agents, and volunteers harmless from any anc! all claims, injuries, damages, losses,
or suíts, including all legal costs and attorney fees, ar'ising out of or in connection with Kent's
perforrnance of this Agreement, except for tirat portion of the injuries and damages caused by
the sole negligence of Kent or its officers or employees'
POLTCE SERVICËS AGREEMENT - 2 (Form Versìorl: 1/2016)
IT IS FURTHER SPËCTFICALLY AND EXPRESSLY UNDERSTOOD THAÏ THE
INDEMNIFICATION PROVIÞED HEREII\I CONSTITUTES THË CONTR.ACTOR'S WAIVER OF
IMMUNITY UNDER INDUSTßIAL_INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIËS FURTHER ACKNOWLËDGE THAT THËY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
B. Indemnification and the Public Duty Þoctrine. 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 Departrnent, 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 Department's and the police
officer's duties remain to the public in general, and neither Kent, its Políce Department, nor any
of its officers or employees have a specific duty of protection or care to the Contractor, its
enTployees, subcontractors, and agenis, or any of its guests, or other people on the premises of
the Contraçtor. 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 ä result of the work
performed under this Agre*ment. In the event of injury to any person or prCIperty, Contractor
shall not assert that Kent, its Police Department, or its police officer owed any special duty to
protect persCIns or property or provide care for such persûns or property or had any special
i'elationship with the owne¡- or any oiher person to protect persons or property. This Agreemerìi
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
pubiic duty doctrine does not apply, or an exception to the public duty doctrine exists with
relat.ion to an injury to the person or property of any employee, subcontractor, 9uest, or other
person on the premises of Contractor, Contractor shall specifically irrdemnify, hold harmless, and
clefend Kent, its Police Department, and each and every officer and employee thereof to the full
extent permitted by law.
C" Survlval. The provisions of this Section V shall survive the expiration or
ternrinatign of this Agreement and the obligations contained therein wilt continue to apply
beyorrd the provision of services called for in any Attachment.
VI. PARTIËS ARE trt\¡DEPENÞEFlT. The parties âgree that neither shall be considered an
i:rnpicyee or agent of the other'
VTI. TERMT¡\¡ATTON, ALTERATION, OR RESCI.IEDULTNG. IN thc CVCNT KCNI iS UNAbIC 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 cancellatian of si:r'.,ices, and Kent shall not be liable for the cost of Contractcr
obtaining repiacement services'
In the event Contractor rnust cancel, alter, or rescheciule the services called for by this
Agreement, Contractor must provide at least ten and one-half (10.5) hours advance notice tc
ttie 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 minimum four (4) hours of service provided for in
Sectìo¡l IILB. above, regardless of whether such services are provided at a later or rescheduled
date and time.
VITT" CONTR,ACTOR SFIALL ABIDË EY LAWS AN6D SHALL NOT DISCRIMINATE, At AII
times duririg Kent's performance of this Agreement, Contractor shall abide by all laws and
;rüLICE SËRVICES AGIì.ËËMENT - 3 (Form vels¡on: 7/2416)
regulations äppl¡cable tc¡ 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.
fX. INSURANCE, Contractor shall at all times during Kent's performance of the services
caliecl 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 I\T TTS OWN RISK. CONITACIOT ShAII tAKC AII
necessary precautions and sl-rall 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.
XT. MISCELLANEOUS PR.OVISIONS.
A. Non-!/Uaiver of Breach. The failure of Kent to insist upon strict performance of
any of the covenants and agreernents contained in this Agreem€nt, or to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or
relinquishrnent of those covenants, âgreements, or options, and the same shall be and remain in
full force and effect.
B. Resolution of Þisputes and Governing Law. This Agreement shall be governed
by and construed in accordance with the laws of the State of Washington. If the parties are
unable to settle any dispute, difference, or claim arislng from the parties' performance of this
Agreement, the exclusive means of resolving that dispute, difference, or claim, shall only be by
fiiìng suit exclusively under the venue, rules, and jurisdiction of the King County Superior Court,
fi¡{ County, Washington, unless the parties agree in writing to an alternative dispute resolution
proðess. in any claim or iawsuit for damages arising from the parties' performance of this
Âgr"e*ent, each party shall pay all its legal costs and attorney's fees incurred in defending or
biinging such claim or lawsuit, inclr-rding all appeals, in addition to any other recovery or award
protiCiU by law; pf_ay,Lded, however, nothing in thìs paragraph shall be construed to limit the
Kent's riçht to indemnification under Section V.B. of this Agreement'
C. ll\lritten Not¡ce. 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 writinç,
Ð. Assignment. Any assignment of this Agreement by either party without the
written consent oï the non-assigning party 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
end no further assignment shall be made without additional written consent.
E" Modification. No waiver, alterationr or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of
Kent and Contractcr.
F" Ëntlre Agreernent. The v,ir:tten provisions and terms of this Agreement, together
with any Exhibíts or Aîtachments attacheC hereto or referenced herein, shall supersede all prior
POLiCË SËRViCES AGREEMENT - 4 (Formversion: 1/2016)
| , rr,.int
verbal statements of any of'ficer or other representative of Kent, and such statements shall not
be effective or be constru€d as entering into or forming a part of or altering in any manner this
Agreement. All of the above documents are hereby made a part of this Agreement. However,
sñould any language in any of the Ëxhibits or Altachnrents to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail' Further, the
rep-resıntative signing this Agreement orr behalf of'Conl¡-actor swears and affirms that he or she
is authorizecj to entei 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
municipai laws, rules, and regulations that are now effective or in the future become applicable
to Conf:r-actor's business, equipment, and personnel engaged in operations covered by this
Açr-e enrent or accruing out of the performance of those operations.
!-{. Counterparts. This Agreemeni may be executed in any number of counterparts,
each cf wliich shall constitute an original, and all of which will together constitute this one
Agreement.
IN ,úVITNESS, the parties beiow execr¡te this Ågreernent, which shall become
*f{ectiE¡e on the last date entered beEow"
NTRACTOR:
('signatare)
me:Print Name : ßafacl- Ps,d.iLla -**--
Ílc ô írp Chief
NT:KË
By
ItsE
By
ùrAl'r ,Lù JJ DATE:(/I a?
NCITICES TO BE SENT TT:
{ÜF{TR.ACTOR:
NOTTCES TO BE SËNT TO:
{TTY OF KËNT:
pee D.¡Y ?¿Is¡ìrø,Cr{þst.SGT M ÇtancfiplclAttn
Lbï :A1h :ãt0ql- { te I e p h c' rr e )
(facsimile )
; City of Kent
220 Fourth Avenue South
Kent, \,vA 9803?
' {753) *56*. 5--&0-A-- (telephone)
i253) 856-6802 {facsimile)
POLICE SÊRVICES AGREEMËN]'- 5 (Form Version: L/2Af6)
KENT SCOPE OF SËR,VTCES ATTACHMENT
To Police Services Agreernent
;i13_rcÄäiî_åëðËË:'i'::::ïli?:ii:?,Jl\3.:ii,::lii:,'fi:i?älä1'[ssned
I CIESCRïPTION OF SERVICES, Contractor requests the services of a commissioned police
ofiicer who will be declicated lr: perÍornrinq the lollov,ring services (check box that applies):
n Flagging/Traffic Control
n Security for Entertainment Venue or Ever¡t
Nl Security for Retail Establishment
Ü Guarding of property, Builclings, Posse;sions/ or Equipment
J otner
police officers shall only be permitteci tc provide police-related services during the
performance of tlre work called for herein, and Contractor shall not ask or solicìt such police
officers to perform work that ìs not police-related.
HOURLY RATE & NUMBÊR OF OFFICERS REQUIREÞ" Ihe work called for herein shall be
naid by Contractor at the following hourly rates and the Contractor requests the following
rrumber of olficers:
Sl Extra-Duty Work: Officer
Up to $80 per hour.x
Number of Officers Required:
Extra-Duty Work: SuPervisor
Up to $100 Per hour.'F Number of Supervisors Required :---__---
* Note: Hourly rates are quoted "up to" a specified åmount, Officers are paid different rates
based on factors such as time in service, assignment, education, elc, The rate quoted is the
maximum rate that will be billed subject to overtime holiday rates specified below.
Contractor's rate maY be lower,
tpqf{o_Ut_llntnUm.There shall be a four (4) hour minimum payment required lor
;"ch ,";ñie tnat 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 eacn ¡nstance that a police officer
performs services. For example, il' Contractor needs two (2) officers to work on ihe
same day anrl at tlre same time for tvuo (2) hours of work each, Contractor will be
required io pay Kent for four (4) hours for each police officer, for a total of eight (B)
hours. If Contractor needs two (2) officers fo¡'six (6) hours each, Contractor shall pay
for six (6) hours for eaclr police officer for a total of twelve (1"2) hours.
fï.
ü
A
SCOPE OF SËRVICES AîîACI-IMENT TO POt.lCE SERVICES AGREÊMFNT
Page I of 2 (Form Version: L2/2017
Ave.ftime-ßAÛe.. 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 rai"e specifieci above, If the officer works twelve (12) hours, he or
she shall be paid at the ratr: specified above ior 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.
HpJjdpyßafiC. The followirrg holidays are c¡bserved 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.
Ëxcept 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,
Ço.ntfa-cÍ;()f_ls ^T-umtnaÌpn, .Alterctjpn- or 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 (1û,5) hours prior to the scheduled
start time for ihat 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 reschedulitrg notification can be made
by phone or email.
IIL TOCATION OF SERVICES. The services called for herein shall be performed at the following
location
t1
C
D
fw-egu *ztí L5L5c Pnc¿{'c ll-l t p.nl tt^,,ft
A police officer will arrive at the above location on the date and time specified below
IV en officer provide servicesli
, -_., 20-'nütte
tsy si hire police officers to perform the
work ces Attachment and all of the terms
crontained withiri the Police Services Agreenrent referenced herein, and finally if I am signing this
Sco¡:e ol. Services Attachment on behalf of an crça,'rization, I su¡ear and affirm that I arn authorized
that action is bindine on the Contractor.
1' ílr * J.Ð*)'.r
(]b tf the anization and
na
Pri nt
Date
Approved by:
ü€ù ¿{t 7l'{q3 Øz -?a -zoAddress
SCOPF OË SERVICES ATTACHMENT I'O POLICE SERVICES AGREEI4ENT
ilaqe 2 af 2
Kent Police DePartmenl Date
(Form Version: 72/ZAl7)
Wilrfiïiî Post Orders
Off Duty Services (ODS)
ODS Contacts:ODS Main office 124/7) - 281.-346-2188
Email - operations@offdutyservices.com
FM Contacts Primary - LPM (LPM). Secondary - District LP Manager (DLPM)
Schedule:7 days/week, two shifts (0700-1500 & 1500-2300)
Psrt-QrdsrelGe¡ercüi
¡ Arrive at the designated post no later than 5 minutes prior to the start of the assigned shift.r Contact dispatch (1-800-859-3463) and check in at the beginning and end of the shift.¡ Physically sign in on the Sign-in/out log that is kept in the security office.
o lf the relief Officer has not arrived 5 minutes of the start of the 2nd shift, immediately notify dispatch (1-800-859-
3463) and remain on post until relieved by a replacement Officer. Do not abandon the assignment without first
being relieved by another Officer. This includes during and at the conclusion of the shift,¡ This is a uniformed, armed assignment and uniform, weapon, equipment and overall appeårance should be
clean and neat.
r Do not sleep, read, text, talk on the phone or otherwise engage in any non-work-related activity while on-duty
including but not límited to l-Pad, smart phone, MP3 devices, and laptops.
¡ Review the Store Loss Prevention Weekly Bulletin Log Book for store specifics.
r Ensure there is direct communication with the store Loss Prevention staff.
r lf the Officer has a marked police vehicle, it should be parked up front close to the primary entrance for the
location.
o The Officer will support the Loss Prevention team on any attempted shoplift apprehension or response to a
security situation.
Post_Orders {Specificl:
¡ Patrol - Randomly walk the interior of the store, using positive engagement and customer service to deter
shoplifting and other criminal activity, A greater concentration of focus should be made in high theft
departments/areas as communicated by the Store Loss Prevention Manager. Such areas may include;
o All apparel o Hardware & Tools o Cosmetics
r: Shoes o Housewares o Liquor
o Automotive o Outdoor Garden o CCK row
o Electronics o Health & Beauty
Shoplifting - ln the event LP personnel determine a shoplifting incident has happened, Officer will accompany LP
to address the suspect. LP will make contact with suspect and determine the next course of action (escort them
to the security otfice, recover the stolen merchandise, release the suspect, etc). Officer will remain with LP during
the entire interaction with the suspect or until released by LP. Fred Meyer (FM) maintains a "hands-off" policy
with their LP personnel, which will be adhered to by all Officers. The exception to this rule is in the event the
officer must go "hands-on" with the suspect to protect LP, customers or themselves from physical violence or
significant aggression on the part of the suspect.
a
a Continued on page 2
a
a
Observed Criminal Activity - ln the event Officer has direct knowledge by observation of criminal activity, Officer
will accompany LP or Store Management to address the suspect, unless obligated to take immediate action as
required by law enforcement agency policy or state law. LP and/or Store Management will determine the next
course of action (call the políce, escort the suspect from the store, detain the suspect). officer will only go .,hands-
on" in this situation to protect LP, customers, themselves or FM property/merchandise of significant u.lu",
Vagrants - When Officer observes a vagrant loitering inside or on the immediate outside of the store, Officer is to
approach vagrant and request they vacate FM property immediately. Officer should continue instructing the
vagrant to exit the property until they do so. ln the event the vagrant will not vacate the property, Officer will
contact police dispatch and request an on-duty Officer. Officer will also notify LP or Store Management of the
situation.