HomeMy WebLinkAboutCAG2020-373 - Original - Axum General Construction, Inc. - Off Duty Officers Flagging/Traffic Control - 11/16/2020ApprovalOriginator: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
THIS AGREEMENT is made between the city of Kent, a washington municipal corporation
(hereinafter,,KenJ), and Axum.Generar construc_ti-on Inc., organized underthe laws of the state
of Washington, toiáte¿ anO aoing
(herei nafter the "Contractor")'
I. TERM *AGREEMENT' FURTHER DEFINED ' INCORPORATION OF ATTACHMENTS
AND rNsuRANcE ExHrBrr. The term "Agreement" as used throughout this document shall
mean this document, and any and ãtt-s.op. ır se.v¡ces Attachments (ñereinafter "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 signed one
time, there may be murtipre Attechments to this Agreement. This Agreement sharl be enforceable
with regard to each instánce of work performed p-ursuant to each Attachment' In the event of a
conflict between the terms of this Agreement and any Attachment, the terms of this Agreement
shall prevail.
The Insurance exhibit as required by section IX of this Agreement shall also be incorporated into
this Agreement as if set forth herein in full'
rr. scopE oF SERVTCES, Contractor desires to utilize the services of a commissioned Kent
police officer who will be dedicated i; ièrrorming the sàrvices described 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 herein, and contractor shall not ask or solicit such police officers to perform
work that is not Police-related'
III. COST OF SERVICES AND PAYMENT
A. Hourly Rate. contractor shall pay to the Kent Police Department a sum for each
hour of worked performed ov u .ã.missioned þoricã àffi..r. The chief of police or his or her
designee shall fave the aut'hority to determine tñã nourty rate that will be specified in the
Attachment'
B. Four HOur Minimum Payment Requirement.--. There shall be a four (4) hour
minimum payment required for each instance ,r,uiã porice officer.performs 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 nrrb"i ãi rlourt workèd dtrihg each instance that a police officer
performs services. For example, if Contractor needs two (2Í police officers to work on the same
day and at the same time for t*o izj Éou1i ãr wo¡k each, bóntractor will be required to pay Kent
for four (4) hours for each porice òff¡..r, for a totat or eíght (g)-hours, If contractor needs two
(2) porice officeri fãr s¡x 1O¡ nours each, contracioi rñu-ír pày'for six (6) hours for each police
òffi.er for a total of twelve (12) hours'
c.HolidayShiftsandshiftsinExcessofTenHours'Shiftsperformedonholidays
sha¡ be sun5ect-iããî ¡n.r"rsed hãurry rate that *ribãipecif¡ed in the Attachment' shifts that
POLICE SERVICES AGREEMENT - 1 (Form versron: L/2016)
rast in excess of ten (10) hours wiil be subject to a higher hourly rate for all work performed in
excess of ten (10) hours. The nouriy ratà for work perfórmed in excess of ten (10) hours may not
be specified in thé Attachment, but *iil uu approximately at a rateof one and one-half (1'5) times
the regular hourty rate charged on that day. The contiactor will be billed and shall pay the rate
for work over ten (10) hourJeven if not specified in the Attachment'
D. Method and rime of payment. Kent shall, within a reasonable tirrìê, subfiìit a bill
to contractor for amounts owing for särvices performed, contractor shall, within fourteen (14)
calendar days of receipt of such bilt, 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 within
thirty (30) calendar days from the date shown on the invoice as tne "invoice date," a service
charge of one percent (10/o) of the amount of the unpaid barance.on the account or two dollars
($2.00), whichever sum is greater, *¡ìi U" imposed one (1) month from the date payment was
due, and at the end of each iucc""åing ronthry perioã, uit¡í ail past due amounts are paid in full'
Any invoice or service charge due under this Agreemglt 3{.'n.puid shall constitute a debt
owed to Kent. Kent may, pursuanitã cr,,upter 3.ro ırthe Kent city code and chapter 19.16 of
the Revised code of washington, use a coirection agàncy to collect outstanding debts, or it may
seek collection by court proceedingrr-*l''i.rì remedieË ináll oe 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'
rv. EMERGENCY rNTERRuprroNs rN sERvrcE. Police officers performing services called
for in this Agreer"ni shalr at all times be subject to ine rules, regulations, and policies of Kent
and its police Department, and snai'l ¡ã requireá to róllo* the orders of supervisors and command
staff. contractor understands that police officers peiforming services, pursuant to this Agreement
ffiây, from time tã t¡me, be requiåd to perform traã¡tionãt potice duties for the benefit of the
greater pubric. ir,"reroie, from time to tim", poricà officers performing services for contractor
may be required to respond to emeriencies and auandon the services being called for under this
Agreement. In tñe event of this à.ãurr"n.e, contlactór snalt not be relieved of providing full
payment; provided, that in the event the interruptionluitt longer that one half of one hour (i'e''
more than thirty (30) continuous minutes), Kent ána-contraãtor wiil agree to -an a.mount of a
reduction in the costs of services tò accouái ror the police officer's time not performing services
under this Agreement,
V. INDEMNIFICATION.
A.General.Contractorshalldefend,indemnify,and.holdKent,itsofficers,officials'
employees, agents, and volunteers harmless from any anå'all claims' injuries' odmages' losses'
or suits, including all legal costs ánd attorney fees, åtitiÃg 9ut 9f or in connection with Kent's
performance of this Agreement, exl"Ëtloi tnai port¡on or tnË injuries and damages caused by the
sole negligence of Keñt or its offìcers or employees'
POLTCE SERVICES AGREEMENT - 2
(Form Version: 1/2016)
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--FOï..THE PURPOSES OF THIS
INDEMNIFIcATIoN. THE PARTIES FURTHER ACKÑOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
B. rndemnification and the Public Duty Doctrine. . contractor understands that'
pursuant to the legal _doctrine in wurnìngton catleo ihe "public duty doctrine," Kent, its Police
Department, and itË oni."r, ana erpiãyeãs of the Kent police Department, owe a general duty to
the public and not a specific duty of
'proiection or care to the contractor. contractor understands
that by entering into this Agreement, the pofice.Department's and the porice officer's duties remain
to the pubric in generar, and ne¡iner Kent, its porice Department,- nor any of its officers or
emproyees have'u ,puåiRc duty of protection or care to the contractor, its employees,
subcontractors, and agents, or any of its guests, or other peopre on the premises of the contractor'
Moreover, neither Kent, its porice Department, nor uny oni..r or employee of Kent guarantees' in
any way, the safety of any person or property as á result of the work performed under this
Agreement. In the éuunt of injury to any person or property, contractor shall not assert that Kent'
its police Department, or its police officér'owed any späcial dyty to.protect persons or property or
provide care for such persons or piàpãrtv or had.ãny speciar rerationship with tr'e owner or any
other person to protect persons oi propé'ty. This dg;å*"nt shall in no way create a duty for
Kent, its porice Department, or any of its officers or eriproyges yvherg none previously existed' In
the event Kent is sued, and a court àetermines that ind p,ju¡. duty doctrine does not apply, or an
exception to the pubric duty doctrinÀ "*ist, with relation to an injury to the person or property of
any employee, subcontractor, guest, or other person on the prémises of Contractor' Contractor
shail specificarty indemnify, hord rrãrrtess, and'defend kent, its porice Department, and each and
every officer anO emftoyué tn"."of to the full extent permitted by law'
c. Survival. The provisions of this Section V shall survive the expiration or termination
of this Agreemeni;;d tne obligations contained therà¡n will continue to apply beyond the provision
of serviJes called for in any Attachment'
vr. pARTrEs ARE TNDE'ENDENT. The parties agree that neither shall be considered an
emploYee or agent of the other'
vII.TERMINATIoN'ALTERATIoN'oRRESC-HEDULING.IntheeventKentisunableto
obtain the services of a Kent potice-omcer to perfoim the services called for in the Agreement,
Kent wiil contact contractor, and advise contractor that Kent is unable to perform the services
called for herein. Notice by way oriãrãpr'rone, email, writing, or in-person shall be adequate notice
of such cancellation of services, and lient shall not ué ùutl'" for the cost of conc''actor obtaining
replacement services.
In the event contractor must cancel, alter, or reschedule the services called for by this Agreement'
Contractor must provide at teasfï"n un¿ one-nalilro'sl !9Y':iduance notice to the Police
Department by contacting ¡ts on-àuty seroelli line aiizsli 856-5840' Afailureto cancel' alter'
or reschedule at least ten and one-hårr (r-o.s) nours uerore the services are called for shall result
in the contractor paying tl.re miÃimu,,n.foui'(+) hóurs of service provided for in section III'B'
above, regardreis ãr *r,ãtn"r such services are provided at a rater or rescheduled date and time'
vrrr. coNTRAcroR
'HALL
AB'DE By LAws AND
'HALL
Nor DrscRrMrNATE' At att times
during Kent,s p"iror,.,.'unce of tn¡s aıreement, conii"ãtor shail abide by all laws and regulations
appricabre to contractor,s business. Moreover, coñtiactor shail not, by reason of race, religion'
color, ,a*, ugu, sèxual orientat¡oÃ, national otigin, or the presence of any sensory' mental' or
POLICE SERVICES AGREEMENT - 3 (Form version: Ll20L6)
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 alltimes during Kent's performance of the services called
for in this Agreement procure and maintain insurance ıf the types and in the amounts described
in Exhibit A ãttached and incorporated by this reference.
x. coNTRAcroR,s BusrNEss PERFoRMED AT rrs owN RrsK. 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. MISCELLANEOUSPROVISIONS.
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 oñe or more instances shall notÉe construed to be a waiver or relinquishment
of those covenants, agreements, oi options, and the same shail be and remain in full force and
effect.
B. Resolution of Disputes and Governing Laî:. This Agreeme¡t shall be governed
by and construed in accordan." witñ1he laws of the stãte of washingtın. If the parties are unable
to settle any dispute, difference, or claim arising from the parties'performance of this Agreement,
the exclus¡ve means of resolving tñàt disputel difference, or claim, shall only be by filing suit
excrusivery undei the venue, rules, and jurisdiction of the King county superior court, King
county, washington, unless tne jårties ägree in writing to an alternative dispute resolution
process. tn any ctá¡m or lawsuii for damages arising irom the -parties' performance of this
Agreement, each party shail.pay ail its regar costs and attorney's fees incurred in defending or
bringing such claim oi lawsuit, inJu¿¡ng aíl appeals, in addition to any other recovery or award
provided by law; provided, howuuÀt, n"othing in tnís paragraph shall be construed to limit the
kent's right to in¿ðr*¡frc.tion under Section V.B. of this Agreement'
c. written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses risted on the signature pagã of Úre Agreément, unless notified to the
contrary. Any written notice hereunder Jr,ull becom-e effective three (3) business days after the
date of mairing by registered or ."rtin.¿ mair, and rnãtt uu 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 writing.
D. Assignment. Any assignment of .this-Agreement by either party without the written
consent of the non-assigning party tîàrr uà void, lrine non-assigning party gives its consent to
any assignment, the terîns ır tnis hırãåment stratt áontinue in futf forðe and effect and no further
ãrligñ;Ënl srrail be made without additional written consent'
E. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement sha¡-be u¡ñJ¡ng unlesË'iñ *iiting ána s¡gn"ã oy a duly authorized representative of
Kent and Contractor.
F, Entire Agreement. The written provisions and terms of this Agreement' together
with any Exhibits or Ñttachments attached hereto oi rererenced herein, shall supersede all prior
verbar statements of any officer or other representut¡u" or Kent, and such staterr,cnts shall not be
effective or be construed as entering into or. rorming å purt of or altering in any manner this
POLICE SERVICES AGREEMENT - 4 (torm version: u2076)
Agreement. All of the above documents are hereby made a part of this Agreemen-t. However,
sñould any language in any of the Exhibits or Attachments to this Agreement conflict with any
language lontalneã in this Agreement, the terms of this Agreement shall previil. Further, the
repiesãntative signing this Agreement on behalf of Contractor swears and affirms that he or she
is authorized to ıntei 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, ¡.u["r, and regulations that are now effective or in the future become applicable to
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.counterparts,
each of which shall constitute an ıriginal, 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'
Print Name: Rafael Padilla
KENT:
//-/b - ?o
By
Police iefIts
DATE:
(signature)
Its Owner I Ope-rator
DATE:11.9.2020
l""u)
By:
Print Name:
Sgt. SGT Matt Stansfield
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856- 5809 (telePhone)
(zsg) 856-6802 (facsimile)
SENT TO:NOTTCES TO BE
CTTY OF KENT:CONTRACTOR:
Attn: Þarcee Sanders
27474 2LO|I Ave. SE
Maple Valley. WA 98038
206.786, 5383 (telePhone)
425.433.7 928 (fa csi m il e)
NOTICES TO BE S ENT TO:
P f¡sl lik! I Þn f üd I ¡l{JlnKúnI{!ñ(túrE A¡È' \Ft! SrN' \r!súr ¡{t oll I !¡ $Úrt úr\
POLICE SERVICES AGREEMENT - 5
(Form Version: 1/2016)
KENT SCOPE OF SERVICES ATTACHMENT
To Police Services Agreement
Th
by
is Scope of Servlces Attachment shall be incorporated into the Police Services Agreement signed
Axum Gencral Co ¡¡tinn Tnr (hereinafter"Contractor") on 11.9'20
I DESCRIPIION OF SERVICES. Contractor requests the services of a commissioned police
offiãer who will be dedicated to performing the following services (check box that applies):
e FlaggingÆraffic Control
n Security for Ente¡tainment Venue or Event
n Security for Retail Establishment
n Guarding of Property, Buildings, Possessions, or Equipment
¡ other
II.
police officers shall only be permitted to provide police-related seruices during the
bãir*rãnã" ãr Ú," worr åaileo fbr herein, and 'contractor shall not ask or solicit such police
ãiR.ers to peform work that is not police-related'
HouRty RATE & NUMBER oF oFFrcERs REeurRFq. The work cailed for herein shart be
paid by Contractor .i tn. following hourly ratei and the Contractor requests the following
number of offìcers:
E Extra-DutY Work: Officer
Up to $80 Per hour.x
Extra-DutY Work: SuPeruisor
Up to $100 Per hour.*
Number of Officers Required:1
Number of SuPeruisors Required:-tr
* Note: Hourly rates are quoted "up to" a specified amount' officers are paid different rates
based on factors ,u.n ui t¡me ¡n senr¡ce,-as-sigìrãnt, education, etc. The rate quoted is the
maximum rate that wiil be biiled ,,jni"a" to oubrt¡me horiday rates specified berow'
Contractor's rate maY be lower'
A. Four Hour Minimum. There slrall be a four (4) hour minimum payment required for
each instance that a police officer pã*ot*t sàrv¡ces under the Agreement' Therefore'
contractor shafi be required to pãv iä rànt tt " greater sum of four (4) hours of work
ortheactualnumberofhoursworkedduringeachinstancethatapoliceofficer
performs ,".ii"i. '-ror
exampr., ìi-ðòni.qqgl "neeos two (2) officers to work on the
same day and at the same timé for two (2) hours, of work each, Contractor will be
required to pay Kent for four (aj Åäuü ioiécn police officer, for a total of eight (8)
hours. If contractor needs t*o iziãü¡cers ror six (6) hours each, contractor shall pay
for six (6) hours ior eacn police òfRcet for a total of twelve (12) hours'
scoPEoFsERVIcEsATTACHMENTToPoLIcESERVICËSAGREEMENT
Page 1 of 2
(Form Version: l2l2Ùl7
B
c
Ove¡time Rate. Contractor shall be required to pay the rate of one and one half (1.5)
t¡rnes the rate specified above for any time worked by a police officer in excess of ten
iiól-nãro in a'shift. Therefore, if a police officer works ten (10) hourl, he or she
iñãíl nè paid at the rate specified above, If the officer works twelve (12) hours' he or
ine snafi be paid at the råte specified above for the first ten (10) hours, and at a rate
of one and one ¡rali(f .S) times the rate specified above for the remaining two (2)
hours.
Hotiday Rate. The following holidays are observed by Kent police officers: New Year's
ıilîa't ¡uther-X¡ng 6uV, Präsident's Day, Memorial Dav, Independence Day'
ladór OãV, Veteran's O.V, fnánfsgiving Day, Day after Thanksgiving, and Christmas'
Except as otherwise provided in this
-section,
all hours worked during an observed
holiday, or during 15û0 hours to 23:59 houis 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 oay oi Cnristriras bay *itl be billed at a rate of two (2'0) times the
rate specified above'
Cancellation,
D
alteration, or rescheduling of Poli ce 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
sta rt time for that date. If Contractor fails to Provide ten and one-half (10.5) hours
advance notice from the scheduled staft time,Contractor will be bilted for a minimum
payment of four (4) hours Per officer schedul ed for that date in accordance with
Section II.A. above.Cancellation, alteration, or rescheduling notifi cation can be made
by phone or email'
III.LocATIoNoFsERvIcES.These¡r¡icescalledforhereinshallbeperformedatthefollowing
location:
Meeker & Russell
¡¡eet l"te on ffiîler (Russell - GRE) Sidewalk Improvements Project
A police officer will arrive at the above location on the date and time spec¡fied below
DATE AND TIME
from
-
am/Pm
FOR SERVICES. Contractor req uests a Kent police officer provide seruices
_,20_ to
-
am/pm ,.20
derstand that I am entering a contract to hire Pol ice officers to Perform the
IV
By signing below, I un
work described above,
22474 ?1Oth Âve- ÇF, Maple Valley, WA q8038
Address
I agree to the terms of this ScoPe of Services Attachm ent and all of the terms
co ntained within the Pol ice Seruices Agree ment referen ced herein, and finallY if I am signing this
of Services Attach ment on behalf of an organizati on, I swear and affirm that I am authorized
on behalf of zation and that action is bin ding on the Contractor
11 .9.20
Datere
Da rcee Sa nders Approved bY:
tk/b-
Kent ce DePartment Date
Print Name
ScoPEoFSERVICESATTACHMENTToPoLIcESERVICESAGREEMENT
Page 2 of 2
(Form Verslonr L?'/2O17)