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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) Scanned with CamScanner 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 Scanned with CamScanner 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 Scanned with CamScanner 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) Scanned with CamScanner 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 Scanned with CamScanner 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 Scanned with CamScanner 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 D --- ,-z Print Name blof lrr $t f 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, -"-z_€_.,SignatureS"* V.,rr Scanned with CamScanner TE CERTIFICATE OF LIABILITY INSURANCE @ls88.201sAC Tho ACORO namo and logo aro reglotored markc of ACORD oAfal,,tnoil1^m I t^8,HtunSir!r ltf ornl{ d cdtEt toe PRODUCEi Aon Rlsl Sorvlcc! Cantrel, lnc. Phited6lphie PA oflhc &ra Llbcdy Plac€, Suitc t000 Philodclphia. 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EACH ACCIDEI.fI 1.CO0.0C03 E.L. DISEASE. EAEMPLOYEI s 1,CC0,00o I N Yl lt IYORKERS COXFEIEANOf, ATD Er|PLOERS IIABIUTY M AOPR€IORPffN€RiEXgff I\€ffFEruEERACffiD(HDybXXl il16,tui*tu 9fSCRmlgN Ct OPttrTlONS b*w T'A RW0300t35803 (AOS) RWR300135903 8AnO20 a1no21 E.L OISEASE . PO(ICY LIUIT s l.cco,oco DEACRIPTr'X OF OPER trolsrLOCAllOlt rVEll|CLES IACORD lOl, Addhtqrt Rmlta Eoh.dul., my b..ttrchrd ltmrt tpto. b rqdrcd) SIIOULD ANY OF TIIE ABOVE OESCRIBED POIICIES BE CANCELLEO BEFORET}tE EXPIRATION DATE THEREOF, NOTICE WLL BE DELIVERED INACCORDANCE WITII THE POLICYPROVISIONS. SPECIi'EN SPECIi,EN SPECIMEN Aon Risk,Seryices Central, Inc. AUIIORlrE0 nEPRESfltTAItVt ACORD 25 (2ot6103l Scanned with CamScanner