HomeMy WebLinkAboutCAG2023-010 - Original - Boeing Employees Coin Club - Police Services Agreement - 01/03/2023Ap
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Originator:Department:
Date Sent:Date Required:
Authorized to Sign:
Director or Designee
Date of Council Approval:
Grant? Yes No
Type:
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Comments:
Date Routed to the City Clerk’s Office:
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Vendor Name:Category:
Vendor Number:Sub-Category:
Project Name:
Project Details:
Agreement Amount:
Start Date:
Basis for Selection of Contractor:
Termination Date:
Local Business? Yes No*
Business License Verification: Yes In-Process Exempt (KCC 5.01.045)
If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace.
Notice required prior to disclosure?
Yes 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.
Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20
Budget Account Number:
Budget? Yes No
Dir Asst:
Sup/Mgr:
Dir/Dep:
rev. 20210513
FOR CITY OF KENT OFFICIAL USE ONLY
(Optional)
* Memo to Mayor must be attached
KENT POLICE SERVICES AGREEMENTwasr{rncro^
THIS AGREEMENT
(hereinafter "Kent"), and
the State of Washingto
is made between the City of Kent, a Washington municipal corporation
aEl$(o C*Cus@
n, located and doing business at
( herei nafter the "Contractor").
I. TERM *AGREEMENT" FURTHER DEFINED - INCORPORATION OF ATTACHMENTS
AND INSURANCE EXHIBIT. The term "Agreement" as used throughout this document shall
mean this document, and any and all Scope of Services Attachments (hereinafter
"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 SERVTCES 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 peforms 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
POLICE SERVICES AGREEMENT - 1 (Form Version: t/2016)
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. 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 foufteen (14)
calendar days of receipt of such bill, pay the amount owing to Kent. All payments shall be made
to the "City of Kent" and shall be delivered to:
City of Kent
Attn : Customer Services
220 Foufth 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 the "invoice date," a service
charge of one percent (Lo/o) 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 shalt 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 Depaftment, 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 officer's time not
peforming 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 connection with Kent's
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.
POLICE SERVICES AGREEMENT - 2 (Form Version: L/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 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,
pursuant to the legal doctrine in Washington called the "public duty doctrine," Kent, its Police
Department, and its officers and employees of the Kent Police 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 this Agreement, the Police Department's and the police
officer's duties remain to the public in general, and neither Kent, 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 propefty 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 Iine at (253) 856-5840. A failure to
cancel, alter, or reschedule at least ten and one-half (10.5) hours before the services are called
for shall result in the Contractor paying the minimum four (4) hours of service provided for in
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 this Agreement, Contractor shall abide by all laws and
POLICE SERVICES AGREEMENT - 3 (Form Version: L/2OL6)
regulations applicable to Contractor's business. Moreover, Contractor shall not, by reason of
race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory,
mental, or physical disability, discriminate against any person in violation of any laws of the
State of Washington or the United States.
IX. INSURANCE. Contractor shall at all times during Kent's performance of the services
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. CONTRACTOR'S BUSINESS PERFORMED AT ITS OWN RISK. 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. 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, or claim arising from the parties' 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 ceftified 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 pafty gives its
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
POLICE SERVICES AGREEMENT - 4 (Form Version: I/20L6)
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 Contractor's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
H, Counterpatts. 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:
tBy
(signature)
I)nai,r> e.B uethE4-Print Name
(titte)
DATE:
KENTI
rbc,L r^J C)a,'et
€\2rnc-
(signature)
Print Name:Rafael Padilla-
DATE:20L
NOTICES TO BE SENT TO:
CONTRACTOR:
Attn: Dpn rD Buertrs4-\'lrir 25t Ave NE
,.€
'|aG a53 S6lL
2M 44J A.,/di,
(telephone)
(facsimile)
NOTICES TO BE SENT TO:
CITY OF KENT:
Sgt. Mike Schanbacher
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856- 5841 (telephone)
(2s3) Bs6-6802 (facsimile)
l:rcivil$d*Epeu Filec\lr84tuImfl-Duryovddmcvo[* hrgr s.dicer AFnenr 6r Ofi tu! worLddr
POLICE SERVICES AGREEMENT - 5 (Form Version: 1/2016)
MEMORANDU M OF
'A'SURA
NCE DATE
9t16t2022
This Memorandum is issued as a matter of information only to authorized viewers for their internal use only and confers no rights upon
any viewer of this Memorandum, This i/lemorandum does not amend, extend or alter the coverage described below. This Memorandum
mCy only be copied, printed and distributed withln an authorized viewer and may only be used and viewed by an authorized viewer for its
internal use. Any other use, duplication or distribution of this Memorandum without the consent of Willis Towers Watson is prohibited'
The information contained herein is as of the date referred to above. Willis Towers Watson shall be under no obligation to update such
information.
PRODUCER
Willis Towers Watson Midwest, lnc.
c/o 26 Century Blvd
P.O. Box 305191
Nashville, TN 37230-5191
INSURERS AFFORDING COVERAGE
INSURED
The Boeing Gompany and any subsidiaries thereof
929 Long Bridge Drive
Arlington, VA 22202
INSURER A ACE Amed€n lnsu€ne
INSURER B: lndemnity lnsuEne Company of North Amsica
INSURER C: ACE Fire undffiits lnsuEn@ Cmpany
INSURER D: AIG Specialty lnsuEre
INSURERE:
THE POLICIES OF INSURANCE LISTED BELOW I-IAVE BEEN ISSUED TO THE INSURED MMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWTHSTANDING ANY
REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR TVAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.
LTR TYPEOF INSURANCE 'OI.EYNt.tl8ER 'OLIGY EFFEGTruE
DATE'MM'T}D/Y'|l
DLICYEG{RATION
'ATEIMM/DD/M
UMITS
A GENERAL
X COMMERCIAL GENERAL LIABILIry
OCCURCLAIMS MADE
HDO G47351455
lncl. Auto Liability
101112022 10t1t2023 GENERAL AGGREGA]E usD $25,m0,000
PRODUCTS COMP / OP AGG usD $10,000,000
PERSONALAND ADV INJURY usD $10,000,000
EACH OCCURRENCE usD$10,000,000
FIRE DAMAGE (Al.lY ONE FIRE)INCLUDED
MED EXP (AI,IY ONE PERSON)lvA
A AUTOMOBILE I.IABIIJTY
ANYAUTO
AI.IOWNEDAUTOS
SCHEDULEDAUTOS
HIREDAUTOS
NONOWNEDAUTOS
X lnjury Protection (Symbol 5)
By State
lsA H10760070 101112022 101112023 COMBINED SINGLE LIMIT usD $10,000,000
BODILY INJURY
(Per peMn)
$
BODILY INJURY
(Per a@ident)
$
PROPERTYDAMAGE
(Per amident)
$
GARAGELIABlury
ANYAUTO
AUTO ONLY. EAACCIDENI $
OTHERTHAN
AUTO ONLY:
EAAGG
AGG
$
D E(GESS'TJI,BRELLA I.IABIUTY
UMBRELLA FORM
DEDUCTIBLE
RETENTION $
14572400 10t1t2022 10t1t2023 EACH OCCURRENCE $20,000,000
$
$
$
B
B
B
B
B
c
I!/ORXERS COMPENSATION AND
:MPLOYERgIIABIUTY
,ROPRIETOFVPARTN ERS/EXECUNVE
)FFICER ARE INCLUDED
/VLR C50727907 (AOS)
/vLR C50727609 (cA)
NLRC50727725 (TX)
/vLR C50727804
(MO, NC, NE, NJ, OK)
scF c67813078 (Wr)
10t1t2022 10t1t2023 WC STATUTORY
UMITS
X
]ftER
STATUTORY
EL. EACHACCIDENT usD $1,000,000
E-L. DISEASE - EA EMPLOYEE usD $1,000,000
E.L. DISEASE - POLICY LIMI I usD $1,000,000
A :XGESS WORKERS'CoMP /vcu c50728031 (oH & wA)10t1t2022 10t1t2023
^/ORKERS
COMP SIR = $10,000,000
:L- EACH ACCIDENT USD $8,0C0,000
:1. DISEASE / EACH EMPLOYEE USD $8,OOO,OOO
THE MEMOR/qNDIJIT'I OF |TSUNAUCC SERVCES SOLEY TO LIST INSURANCE POLICIES, LIMITS AND DATES OF COVERAGE. ANY MODIFICATIONS
HERETO ARE NOT AUTHORIZED.
DATE
9t1d2022MEMORANDUM OF INSURANCE - PAGE 2
extend or alter the coverage described below, This Memorandum may only
be copied, printed and distributed within an authorized viewer and may only be used and viewed by an authorized viewer for its internal use.
Any other use, duplication or distribution of this Memorandum without the consent of Willis Towers Watson is prohibited'
The information contained herein is as of the date referred to above. Willis Towers Watson shall be under no obligation to update such
information.
viewers for their internal use only and confers no rights upon anyThls Memorandum is issued as a matter of information only to
viewer of this Memorandum. This Memorandum does not amend,
lNSURERS AFFORDING COVERAGE
PRODUCER
Willis Towes Watson Midwest lnc.
c/o 26 Century Blvd
P.O. Box 305191
Nashville, TN 372306191
INSURER A: ACE American lnsulance Cdnpany
INSURER B: lndemnity lnsurance Cmpanyof Noltt Ameti€
INSURER C:ACE FiB UndffiiteB ln$EnG company
INSURER D: AIG Specialty ln$Ene Company
INSURER E:
INSURED
The Boeing Gompany and any subsidiaries thereof
929 Long Bridge Drive
Arlington, VA 202
ADDITIONAL IN FORMATION
-COMPREHENSIVE LI,ABILITY INSURANCE - POLICY # HDO C'47351455
COVERAGE INCLUDES COI\4PREHENSIVE GENEML LIABLMY, @NTRACTUAL LIABIUTY, PRODUCTS4OMPLETED OPERAIIONS, PERSOMI- INJURY
ADVERflSNG INJURY BENEFITS INJURY (CLAlMglvlADE), AND APPLIES TO AtI PREMISES AND OPEMTONS. THIS POLICY ALSO PROVIDES AUTO LIABIUTY
FORALLAUTGSWHICHARENOTSEPARATELYINSURED, PHYSOqLDATVIAGEFORAUTOMOBILESISSELF]NSURED.
@MPREHENSIVE LIABIUTY INSURANCE-POLICY#HDO G724BT}6T2ISSURJECTTOTHE FOLLOWNG PROVISIONS:
ADDITIoML INSURED - WTH RESPECT TO BODILY INJURY PROPERry DAMTAGE, MALPRACTICE INJURY, PERSOML INJURY, ADVERTISING INJURY, AND
BENEFTTS tNJURy ANy OTHER PERSON OR ORCaANIZATION IS TNCLUDED AS AN ADDITIOML INSURED TO SUCH EXTENT AND FOR SUCH LIMITS OF
LL\BtLtTy (NOT tN EXCESS OF THE LtMtTS AFFORDED By TH|S pOLtCY) A.S THE MMED INSURED FIAS AGREED lN A WRITEN CONTRACT BEFORE LOSS TO
PROVIDE INSURANCE SUBJECT TO THE FOLLOWNG PROVISIOI{*S:
A THE LIMIT OF THE COMPANYS L!\BLTY SFICLL BE THE LIMITS OF LIABLNY STATED IN THE POLICY OR THE UMITS OF TIABIUry REQUIRED BY THE
PROVISION OF SUCH CONTRACT, WHICHF/ERARE LESS;
B, WHERE REQUIRED BY CONTRACT, THIS INSUMNCE SMI.L APPLY AS PRII4ARY AND NONCONTRIBUTORY TO OTHER INSURANCE PTJRC}{ASED BY
THEADDMOML INSURED;
C. TH|S ADDITIOML INSURED STATUS IS UMTED AND QUALIFIED SOLEY TO THE EXTENT OF THE INDEMNIFICAT1ON PROMSIONS IN THE CONTMCT,
SE1/ERABIUTY OF INTERESTS _THIS POLICY APPUES SPECIFICALLY TO EACH INSURED AGAINST WHOM CLAIM IS MADE OR SUIT IS BROUGHT, BUT THE
INCLUSION HEREIN OFMORETl-lAN ONE INSUREDSI-I,AII NoTOPEMTETO INCREA.SEfiE LIMITSOFTHE COil,IPANYS LlABUry.
WAIVER OF SUBROGA'NON lS PERMITTED AS REQUIRED BY CONTMCT
ANY
HERETO ARE NOT AUTHORIZED.
OF INSURANCE SERVCES SOLEYTO LIST INSURANCE