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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.