HomeMy WebLinkAboutCAG2021-519 - Original - Puget Sound Energy - Police Services: Flagging/Traffic Control - 12/09/2021ApprovalOriginator: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
CAG2021-519
12/14/21
KENT POLICE SERVICES AGREEMENT
ENT ls nrade bctwecn t.hc Clty of Kant, a Washlngton munlclpal corPoration
anizecl under the laws of
THIS AGREEM
(hereinafter "Kent"), and \ !i.'.r^l
the State of Waslrirrgtorr,located and d buslncss at
( hereinafter the "Contractor").
I. TERM *AGREEMENT" FURTHER DEFINED - INCORPORATION OF ATTACHMENTS
AND INSURANCE EXHIBIT. The term "Agreement" as used throughout this document shall
mean this docunrent, and any and all Scope of Services Attachments (hereinafter
"Attachments") rvhiclr 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 multiple Attachments to this Agreement. This Agreement
shall be enforceable with regard to each instance of work performed pursuant 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 fofth herein in full.
II. SCOPE OF SERVICES. Contractor desires to utilize the services of a commissioned Kent
police officer who will be dedicated to performing the services 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 by a commissioned police officer. The Chief of Police or his or her
designee shall have the authority to determine the hourly 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 that a police 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 number of hours worked during each lnstance that a police officer
performs services. For example, if Contractor needs two (2) police officers to work on the same
day and at the same time for two (2) hours of work each, Contractor will be required to pay Kent
for four (4) hours for each pollce officer, for a total of elght (B) hours. If Contractor needs two
(2) police officers for six (6) hours each, Contractor shall pay for six (6) hours for each police
officer for a total of twelve (12) hours
C, Holiday Shifts and Shlfts in Excess of Ten Hours. Shifts performed on holidays
shall be subject to an increased hourly rate that will be speclfled ln the Attachment. Shifts that
PoLIcE SERVICES AGREEMENT' 1 (Formverslon: l/2016)
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last in excess of ten (10) hours will be subject to a higher hourly rate for all work performed in
excess of ten (10) hours. Thc hourly ratcior work performed in excess of ten (,19]^h::Lt,T?{
not be specified in the Attachment, but will be approxlmately at a rate o_f .one and one-nalr (i'f,,
times the regular hourly rate clrargeA-"n ttlrt i,jy. The. contractor will be billed and shall pay
the rate for work over ten (10) hofrs even lf not specll'led ln the Attachment.
D. Method and Time of pavnrent. Kent shall, withln a reasonable time, submit a bill
to Contractor for amounts owlrrg tor rlruilo;p;tr";;"cl,' Contractor shall, within fourteen (14)
calendar days of receipt of suclr trlll, pJy ii;;"";t;t;t owlng to Kent' All payments shall be made
to the "City of Kent" and shall be dcllvered to:
City of Kent
Attn : Customer Services
220 Fourth Avenue South
Kent, WA 98032
E. Late Payment Penalties. If contractor falls or neglects to pay any inv.oice within
thirty (30) calendar days from the Oute itro*n on the invoice Js the "invoice dale"' a service
charge of one percent (1olo) of tne aml-uni oitf'1" unpaid balance on the account or two dollars
($2.00), whichever sum is greater, wiiiO" imposed one (1) month from the date payment was
due, and at the end of each succeeOing-mon'fhly period,'until all past due amounts are paid in
full,
Any invoice or service charge due under this Agreement and unpaid shall constitute a debt
owed to Kent. Kent mayr pursuant to ihapi.t i.iO Jf tnu Kent City Code and Chapter 19'15 of
the Revised Code of Washington, use a collection agency to collect outstanding debts' or it may
seek collection by court proceedingr, uuni.r.r i"r"ai"i snatt ue 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 Agreement shall at all times be subject to lhe rules, regulations, and policies of Kent
and its police Oupurt-"nt, and shait
-Oe reiuired to follow the orders of supervisors and
command staff. contractor unaerstands that pbti." officers performing services pursuant,to this
Agreement may, from time to time, be reqlired to perform traditional police duties for the
benefit of the gr"ui"l puuri.. Thereiore, from time to time, police offlcers performing services
for contractor may be required to respona to emergencies and abandon the services being called
for under this Agreement. In the event of this occurrence, contractor shail not be rerieved of
providing full payment; proviaed,_thai in the event the interruption lasts longer that one half of
one hour (i.e., more t-fiair thirty (gO) continuous minutes), Kent and Contractor will agree to an
amount of a reduction in the costs of services to account for the porice officer's time not
performing services under this Agreement'
V. INDEMNIFICATION'
A. General, Contractor shall defend, indemnlry, Pld. hold Kent, lts officers, officials,
employees, "g"nrrll"O ""ir"t""rs harmless from any and dll clalms, inJuries' damages' losses'
or suits, including att tegat costs and attorney fees, arlslng out of or ln connection with Kent,s
performance of this ngr-eement, except for that.portion of the injuries and damages caused by
ihu ,ol" negligence of kent or its officers or employees'
(Form verslon: f/2016)
POLICE SERVICES AGREEMENT - 2
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IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OT
IMMUNITY UNDER IILD*USIBIAL-INSUIIANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION, THE PAII]'IES FUIT"I'I{TR ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVEI1.
B. Indentnificatlon and tlre Pullllc Duty Doctrlne. Contractor understands that,
pursuant to tlte legal doctrlne ltr Washlngton called the "public duty doctrine," Kent, its Police
Department, and its officers and employees of the Kent Police Department, owe a general dutyto the public and not a specific duty of protectlon or care to the Contractor, Contractor
understands that by entering into thls Agreement, the Police Department's and, the police
officer's duties remain to the publlc in general, and nelther Kent, its Police Department, nor any
of its officerc or employees have a speciflc duty of protection or care to the Contractor, its
employees, subcontractors, and agents, or any of lts guests, or other people on the premises of
the Contractor. Moreover, neither Kent, its Pollce Department, nor any officer or employee of
Kent guarantees, in any way, the safety of any person or property as a result of the work
performed under this Agreement. In the event of injury to any person or property, Contractor
shall not assert that Kent, its Police Department, or its police officer owed any special duty to
protect persons or property or provide care for such persons or property or had any special
relationship with the owner or any other person to protect persons or property. This Agreement
shall in no way create a duty for Kent, its Police Department, or any of its officers or employees
where none previously existed. In the event Kent is sued, and a court determines that the
public duty doctrine does not apply, or an exception to the public duty doctrine exists with
relation to an injury to the person or property of any employee, subcontractor, guest, or other
person on the premises of Contractor, Contractor shall specifically indemnify, hold harmless, and
defend Kent, its Police Depaftment, and each and every officer and employee thereof to the full
extent permitted by law.
C. Survival, The provisions of this Section V shall survive the expiration or
termination of this Agreement and the obligations contained therein will continue to apply
beyond the provision of services called for in any Attachment.
VL PARTIES ARE INDEPENDENT. The pafties agree that neither shall be considered an
employee or agent of the other.
VII. TERMINATION, ALTERATION, OR RESCHEDULING. In the event Kent is unable to
obtain the services of a Kent Police Officer to perform the services called for in the Agreement,
Kent will contact Contractor, and advlse Contractor that Kent is unable to perform the services
called for herein. Notice by way of telephone, email, writlng, or in-person shall be adequate
notice of such cancellation of services, and Kent shall not be liable for the cost of Contractor
obtaining replacement services,
In the event Contractor musl cancel, alter, or reschedule the services called for by this
Agreement, Contractor must provlde at least ten and one-half (10.5) hours advance notice to
the Police Department by contacting its 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 services are called
for shall result in the Contractor paying the mlnlmum four (4) hours of servlce provided for in
Section III.B. above, regardless of whether such services are provided at a later or rescheduled
date and time.
VIII. CONTRACTOR SHALL ABIDE BY LAWS AND SHALL NOT DISCRIMINATE. At aII
times during Kent's performance of thls Agreement, Contractor shall abide by all laws and
(Form Veclon: l/2016)POLICE SERVICES AGREEMENT, 3
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s t-
regulations applicable to Contractor's business. Moreover, Contra.ctor shall not' by ieason of
race, religion, color, sex, age, sexual otiuntution, natlonal origin, or the. p.resence of any sensory'
mental, or physical disability, dlscrimlnate agalnst uny p"tion in violation of any laws of the
State of Washington or the United States.
IX. INSURANCE. Contractor slrall at nll tlmes during Kent's performance of the services
called for ln thls Agreement procLtr* u,'rJ malntnln lnsurance of the types and in the amounts
described in Exhibit-A attaclred ancl lncorporatcd by thls reference'
x. coNTRAcroR,s BusrNEss pERFoRMED AT rrs owN RrsK. contractor shail take all
necessary precautions and shall fr" 1."tpontlUlu fot" lfre safetV of lts employees' agents' guests'
and all persons on Contractor's propJr-t'-inJ lnvltees at all times when a police officer is
performing services pursuant to thls 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 thls Agreement, or.to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements, or options, and the same shall be and remain in
full force and effect.
B. Resotution of Disputes and Governing Law. This Agreement shall be governed
by and construed in accordance with the laws of the state of washington' If the parties are
unable to settle any aispute, differenc-, or claim arisfing from the parties' performance of this
Agreement, the exciusive means of resolving that dispuie, difference, or claim, shall only be by
filing suit exclusively under the venue,-iutesland jurisdiction of the King County Superior Court,
King county, wasnil$on, untess tl.re parties ugru" in writing to an alternative dispute resolution
process. In any ctaim or lawsuit for damagls arising from the parties' performance of this
Agreement, each party shall pay all itq legal-costs and attorney's fees incurred in defending or
bringing such claim-oi f u*irii, iirctuoing iiiuppeafs, in addition to any other recovery or award
provided by law; provided, however,_n"otfting in ttris paragraph shall be construed to limit the
k"nir righi to indilnification under Section V.B. of this Agreement'
C, Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on ttre i'rgnature pag-e 9j tng Agreement, unless notified to the
contrary. Any written notice hereunder siall become effective three (3) business days after the
date of mailing OV rugiri"."d 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 writing.
D. Assignment, Any asslgnment of this Agreement by either party without the
written consent of the non-assigntng
-party shall be void. If the non-assigning- party gives its
consent to any assignment, the-terms or tnts Agreement shall contlnue in full force and effect
and no furtherassigiment shall be made without addltlonal wrltten consent.
E. Modification. No waiver, alteratlon, or modlfication of any of the provisions of this
Agreement shall ne-blnJing unless in witttng and slgned by a duly authorized representative of
Kent and Contractor,
F. Entire Agreement, The written provislons and terms of thls Agreement, together
with any Exhibits oi Rltacnments attached hereto or referenced herein, shall supersede all prlor
POLICE SERVICES AGREEMENT - 4 (Form verslon: r/2016)
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I
verbal statements of any officer or other representative of Kent, and such statements shall notbe effective or be construed as entering lnto or formlng a part of or alterlng in any manner thisAgreement. All of the above documents are hereby macre a part of this Ajreement. However,should any language in any of tlre Exhlblts or Attachments to thls Agreem"ent conflict with anylanguage contained. in this Agreement, the terms of thls Agreement lnatt pievait, Further, therepresentative signing thls Agreement on behalf of Contractor swears and affirms that he or sheis authorized to enter lnto thls Agreement on bchalf of Contractor ancl that action is binding onthe Contractor.
Compliance with Lnws. Contractor agrees to comply wlth all federal, state, andmunicipal laws, rules, and regulatlons tlrat arc now effcctive or tn t'ne future become applicableto Contractor's business, equlpment, and personnel engaged ln operations covered' by thisAgreement or accruing out of the performance of those operallons.
H. Counterparts. This Agreement may be executed in any number of counterparts,each of which shall constitute an origlnal, and all of whlch will together constitute this oneAgreement.
fN WITNESS, the part:es below execute this Agreement, which shall becomeeffective on the last date entered below.
CONTRACTOR:
By
(slgnature)
Print Name :S oa\n U*tt
(titte)
DATE: \?1oq /z,r
KENT:
Zd/t
By
urr(,Tagiatrr")
Rafael Padilla-Print N
DATE
NOTICES TO BE SENT TO:
CONTRACTOR:
Attn:
s
ass*Zatl , SC,S B(telephone)
(facsimile)
NOTICES TO BE SENT TO:
CITY OF KENT:
sgt SGT Stansfield
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(2s3) 856- 5809 (telephone)
(253) 856-6802 (facsimile)
t.CtrU tJ.rOF Eb ttgtddr[M)lrnqtlu ]te !ilxo lgrru, ! rXt trd, ${{ ldr
(Form Ve6lon: l/2016)POLICE SERVICES AGREEMENT - 5
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KENT SCOPE OF SERVICES ATTACHMENT
To Police Servlces Agreement
Attachnrent shall be lncorporate<l lnto the Pollce Services Agreement signed
ractor") on ta^ll4lwzlTlrls S
by
II.
Irerelnafter "Cont
I. DESCRIPTION OF SERVICES. Contractor requests the servlces of a commissioned police
officer wlro will bc dedlcated to performlng the followlng servlces (check box that applies)\
N Flagglng/Trafflc Control
tr Securlty for Entertalnment Venue or Event
tr Security for Retall Establlshment
tr Guarding of Property, Bulldings, Possesslons, or Equipment
n other
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.
HOURLY RATE & NUMBER OF OFFICERS REQUIRED. The work called for herein shall be
paid by Contractor at the following hourly rates and the Contractor requests the following
number of officers:
F Extra-Duty Work: Officer
Up to $80 per hour.*
Number of Officers Required:
Extra-Duty Work: Supervisor
Up to $100 per hour.x Number of Supervisors Required:
* Note: Hourly rates are quoted "up to" a specified amount. Officers are paid diFferent rates
based on factors such as time in service, assignment, education, etc. The rate quoted is the
maxlmum rate that will be billed subject to overtlme hollday rates specified below.
Contractor's rate may be lower.
A,Four Hour Mlnimum. There shall be a four (4) hour minlmum payment required for
each instance that a police officer performs servlces under the 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 police officer
performs services, For example, lf Contractor needs two (2) officers to work on the
same day and at thc same tlme for two (2) hours of work each, Contractor wlll be
required to pay Kent for four (4) lrours for each pollce offlcer, for a total of elght (8)
hours, If Contractor needs two (2) officers for six (6) hours each, Contractor shall pay
for six (6) hours for each pollce officer for a total of twelve (12) hours.
SCOPE OF SERVICES ATTACHMENT TO POLICE SERVICES AGREEMENT
Page 1 of 2 (Form Verslon: t2l2017
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B.gyefdrne_Bate. Contractor slrall be requlred to pay the rate of one and one half (1.5)
tlnres the rate specllled above for any tlme worked by a police officer ln excess of ten
(10) hours ln a shlft. Therefore, lf a pollce officer works ten (10) hours, he or she
slrall be paid at the rate speclfled above. If the offlcer works twelve (12) hours, he or
she shall be pald at the rate speclflccl above for the flrst ten (10) hours, and at a rate
of one and one half (1.5) tlnres the rate speclfled above for the remaining two (2)
Itours.
Holiday Rate. The followlng lrolldays are observed by Kent police officers: New Year's
Day, Martlrr Luther l(lng Day, Presldent's Day, Memorial Day, Independence Day,
Labor Day, Veteran's Day, Thanksglvlng Day, Day afterThanksglving, and Christmas,
Except as otherwlse provlded ln thls sectlon, 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) tlmes the rate specified above, All hours worked
on Thanksgiving Day or Chrlstmas Day wlll be bllled at a rate of two (2.0) times the
rate specified above.
Contractor's Terminati1n. Alteration, 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 (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 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 rescheduling notification can be made
by phone or email.
III LOCATION OF SERVICES. The services called for hereln shall be performed at the following
location:
S+*\aS ,^ljn\oa..\,^ S, e-zl* t Eo"v rx\tj $ut5 s. / lq rvsct- \ocatrurrg +rn.c*Xl^ e d<.1.
A police officer will arrive at the above location on the date and time specifled below.
ry, DATE AND TIME FOR SERVICES. Contractor. r:equests a Kent police officer provide services
from 9, ffi\,pm &rerr*tr , la,zoLt rc J--aml@ft..r,L- , -t:, 20!!-.
By signing below, I understand that I am entering a contract to hire police officers to perform the
work described above, I agree to the terms of this Scope of Services Attachment and all of the terms
contained within the Police Services Agreement referenced herein, and finally if I am signing this
Scope of Services Attachment on behalf of an organizatlon, I swear and affirm that I am authorized
to do on behalf of the organlzation and that actlon is binding on the Contractor
c
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Address
SCOPE OF SERVICES ATTACHMENT TO POLICE SERVICES AGREEMENT
Page 2 of 2
$lq tz,nzl
Date
Approved by:
Kent lice Department Date
(Form Verslon: l2l2OL7,
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