HomeMy WebLinkAboutCAG2021-526 - Original - Amazon.com Services, Inc. - Police Service: Flagging/Traffic Control - 12/05/2021ApprovalOriginator: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
POLICE SERVICES AGREEMENT
THIS AGREEMENT is made between the City of Kent, a Washington municipal
corporation (hereinafter "Kent"), and Amazon.com Services, Inc., organized under the laws
of the State of Delaware, located and doing business at Seattle, Washington (hereinafter the
Contractor ).
I. INCORPORATION OF
ATTACHMENTS AND INSURANCE EXHIBIT.
this document shall mean this document, and any and all Scope of Services 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 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 forth 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 instance 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 police officer, for a total of eight (8) 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 Shifts in Excess of Ten Hours. Shifts performed on
holidays shall be subject to an increased hourly rate that will be specified in the Attachment.
Shifts that last in excess of ten (10) hours will be subject to a higher hourly rate for all work
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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 (10) hours even if not specified in the
Attachment.
D. Method and Time of Payment. 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
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
service charge of one percent (1%) of the amount of the unpaid balance on the account or
two dollars ($2.00), whichever sum is greater, will be imposed one (1) month from the date
payment was due, and at the end of each succeeding monthly 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 may, pursuant to Chapter 3.10 of the Kent City Code and Chapter
19.16 of the Revised Code of Washington, use a collection agency to collect outstanding
debts, or it may seek collection by court proceedings, 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 SERVICE. Police officers performing services
called for in this Agreement shall at all times be subject to the rules, regulations , and policies
of Kent and its Police 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, from 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 Agreement. 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 of one hour (i.e., more than thirty (30) continuous minutes), Kent and
Contractor will agree to an amount of a reduction in the costs of services to account for the
police me not performing services under this Agreement.
V. INDEMNIFICATION.
A. General. Contractor shall defend, indemnify, and hold Kent, its officers,
officials, employees, agents, and volunteers harmless from any and all claims, injuries,
damages, losses, or suits, including all legal costs and attorney fees, arising out of or in
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performance of this Agreement, except for that portion of the injuries
and damages caused by the sole negligence of Kent or its officers or employees.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CON WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER.
B. Indemnification and the Public Duty Doctrine. Contractor understands
that , Kent, its
Police Department, and its officers and employees of the Kent Police Department, 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
its Police
Department, nor any of its officers or employees have a specific duty of protection or care to
the Contractor, its employees, subcontractors, and agents, or any of its guests, or other
people on the premises of the Contractor. 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 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
Department, 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.
VI. PARTIES ARE INDEPENDENT. The parties 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 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 cancellation of services, and Kent shall not be liable
for the cost of Contractor obtaining replacement services.
In the event Contractor must cancel, alter, or reschedule the services called for by this
Agreement, Contractor must provide at least ten and one-half (10.5) hours advance notice
to the 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
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called for shall result in the Contractor paying the minimum four (4) hours of service 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 all
times during Kent
regulations applicable to 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.
IX. INSURANCE. Contractor shall
called 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. RISK. Contractor shall
take all necessary precautions and shall be responsible for the safety of its employees,
agents, guests, and invitees at all times when a
police officer is performing services pursuant to this Agreement.
XI. MISCELLANEOUS PROVISIONS.
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 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. Resolution 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 dispute, difference,
performance of this Agreement, the exclusive means of resolving that dispute, difference, or
claim, shall only be by filing suit exclusively under the venue, rules, and jurisdiction of the
King County Superior Court, King County, Washington, unless the parties agree in writing to
an alternative dispute resolution process. In any claim or lawsuit for damages arising from
the parties' performance of this Agreement, each party shall pay all its legal costs and
attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals,
in addition to any other recovery or award provided by law; provided, however, nothing in
this paragraph shall be construed to limit the Kent's right to indemnification 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 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 writing.
D. Assignment. Any assignment of this Agreement by either party without the
written consent of the non-assigning party shall be void. If the non-assigning party gives its
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consent to any assignment, the terms of this Agreement shall continue in full force and effect
and no further assignment shall be made without additional written consent.
E. Modification. No waiver, alteration, 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 Contractor.
F. Entire Agreement. The written provisions and terms of this Agreement,
together with any Exhibits or Attachments attached hereto or referenced herein, shall
supersede all prior verbal statements of any officer or other representative of Kent, and such
statements shall not be effective or be construed 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, should any language in any of the Exhibits or Attachments to
this Agreement conflict with any language contained in this Agreement, the terms of this
Agreement shall prevail. Further, the representative signing this Agreement on behalf of
Contractor swears and affirms that he or she is authorized to enter 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, rules, and regulations that are now effective or in the future become
applicable to 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 original, 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.
CONTRACTOR:
By:
(signature)
Print Name:
Its
(title)
DATE:
KENT:
By:
(signature)
Print Name: Rafael Padilla
Its Police Chief
DATE:
NOTICES TO BE SENT TO:
CONTRACTOR:
Attn:
(telephone)
(facsimile)
NOTICES TO BE SENT TO:
CITY OF KENT:
Sgt. SGT Matt Stansfield
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856- 5809 (telephone)
(253) 856-6802 (facsimile)
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EXHIBIT A INSURANCE REQUIREMENTS FOR KENT POLICE EXTRA DUTY AGREEMENTS
Insurance
The Contractor shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, their agents,
representatives, employees or subcontractors.
Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
Commercial General Liability insurance shall be written on ISO occurrence
form CG 00 01 and shall cover liability arising from premises, operations,
independent contractors, personal injury and advertising injury, and
liability assumed under an insured contract. The City shall be included as
policy with respect to the work performed under this contract using ISO
additional insured endorsement CG 20 10 11 85 or a substitute
endorsement providing equivalent coverage.
Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Commercial General Liability insurance shall be written with limits no less
than $1,000,000 each occurrence, and a $2,000,000 general aggregate
limit.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions for
Commercial General Liability insurance:
1.
Any Insurance, self-insurance, or insurance pool coverage
2. m
contribute with it.
Contractor shall endeavor to provide thirty (30) days prior notice of policy cancellation.
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EXHIBIT A (Continued)
3. The City of Kent shall be included as an additional insured on all policies (except
Professional Liability) as respects work performed by or on behalf of
Commercial General Liability insurance shall also contain a clause stating that coverage
shall apply separately to each insured against whom claim is made or suit is brought,
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than
A:VII.
E. Verification of Coverage
Contractor shall furnish the City with a Memorandum of Insurance evidencing the
insurance requirements of the Contractor located at http://www.amazon.com/moi before
commencement of the work.
F. Subcontractors
Contractor shall include all subcontractors as insureds under its policies or shall furnish
separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the same insurance requirements as stated herein
for the Contractor.
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SCOPE OF SERVICES ATTACHMENT
To Police Services Agreement
This Scope of Services Attachment shall be incorporated into the Police Services Agreement signed by
Amazon.com / DEDC LLC -_ ______.
I. DESCRIPTION OF SERVICES. Contractor requests the services of a commissioned police
officer who will be dedicated to performing the following services (check box that applies):
Flagging/Traffic Control
Security for Entertainment Venue or Event
Security for Retail Establishment
Guarding of Property, Buildings, Possessions, or Equipment
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.
II. 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:
Extra-Duty Work: Officer
Up to $80 per hour.*
Extra-Duty Work: Supervisor
Up to $100 per hour.*
Number of Officers Required: 4
Number of Supervisors Required:
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on factors such as time in service, assignment, education, etc. The rate quoted is the maximum rate
that will be billed subject to overtime holiday rates
A. Four Hour Minimum. There shall be a four (4) hour minimum payment required for each
instance that 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 each instance that a police officer performs services. For example, if
Contractor needs two (2) 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 police
officer, for a total of eight (8) hours. If Contractor needs two (2) officers for six (6) hours
each, Contractor shall pay for six (6) hours for each police officer for a total of twelve (12)
hours.
B. Overtime Rate. 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 rate
specified above. If the officer works twelve (12) hours, he or she shall be paid at the rate
specified above for 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.
C. Holiday Rate.
Day, Memorial Day, Independence Day, Labor Day,
Except as otherwise provided in this section, all hours worked during an observed holiday, or
during 15:00 hours to 23:59 hours on Ch , 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.
D 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 herein shall be performed at the following
location:
21005 64th AVE S, Kent, WA 98032
64th AVE S and 59th PL
A police officer will arrive at the above location on the date and time specified below.
IV. DATE AND TIME FOR SERVICES. Contractor requests a Kent police officer provide services from
0500-0900 December, 5, 2021 to 1700-2100 December, 23, 2021.
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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 organization, I swear and affirm that I am authorized to do so on behalf of the
organization and that action is binding on the Contractor.
Signature Date
Print Name
Address
Approved by:
Kent Police Department Date
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Date: 12/1/2021
Subject: BFI4 Kent Police Department Off Duty- Services for Peak 2021 Parking Lot Support
Basis for Request: Monitor the parking lot vehicle queues at End of Shift (EOS) times and adjust the
intersection lights and flag support to allow vehicles to egress the parking lot by the masses.
Number of Police Officers needed: 8/everyday
Duration of Assignment: December 5th-23rd
Schedule (day and times). Please note there is a 4 hour minimum:
4 Officers at 0500-0900 & 4 Officers 1700-2100
Rates: Kent PD hourly rate $80/hr
$80/hr x 4 hours = $320 for 4 hours
$320 x 8 Officers = $2,560 for 1 Day
$2,560 x 19 days = $48,640
TOTAL: $48,640
Certificate Of Completion
Envelope Id: C99D5419A7784C62855C1F951DB63831 Status: Completed
Subject: Please DocuSign: City of Kent - Work Order/Statement of Work - BFI4 Peak Police Support Services
Document Type:
Legal VP:
Bulk Send:
Source Envelope:
Document Pages: 11 Signatures: 4 Envelope Originator:
Certificate Pages: 2 Initials: 0 Cole Horton
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-07:00) Mountain Time (US & Canada)
ATTN: Legal Department
PO BOX 81226
Seattle, WA 98108
colehort@amazon.com
IP Address: 205.251.233.183
Record Tracking
Status: Original
12/10/2021 2:20:42 PM
Holder: Cole Horton
colehort@amazon.com
Location: DocuSign
Signer Events Signature Timestamp
Rafael Padilla
rpadilla@kentwa.gov
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 146.129.252.126
Sent: 12/10/2021 2:22:28 PM
Viewed: 12/14/2021 9:48:19 AM
Signed: 12/14/2021 9:49:27 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
PRASHANTH RAO
raopras@amazon.com
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 96.27.163.195
Sent: 12/14/2021 9:49:30 AM
Viewed: 12/14/2021 1:36:34 PM
Signed: 12/14/2021 1:36:54 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
John Ferrell
frrll@amazon.com
Security Level: Email, Account Authentication
(None)
Sent: 12/14/2021 1:36:57 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Carbon Copy Events Status Timestamp
M. Stansfield
mstansfield@kentwa.gov
Kent Police Department
Security Level: Email, Account Authentication
(None)
Sent: 12/14/2021 1:36:58 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
M. Wheeler
mwheeler@kentwa.gov
Security Level: Email, Account Authentication
(None)
Sent: 12/14/2021 1:36:59 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 12/10/2021 2:22:28 PM
Certified Delivered Security Checked 12/14/2021 1:36:34 PM
Signing Complete Security Checked 12/14/2021 1:36:54 PM
Completed Security Checked 12/14/2021 1:36:59 PM
Payment Events Status Timestamps