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HomeMy WebLinkAbout4608 RESOLUTION NO. 4 6 0 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF AUBURN AND OLYMPIC SECURITY, INC., fOR COURT : SECURITY SERVICES WHEREAS, the City of Auburn operates the Auburn Municipal Court located in Auburn, Washingfon; and WHEREAS, the City of Aubum has a need for court security services; and ~ WHEREAS, Olympic Security; Inc. has the ability to provide for those services at a cost that is acceptable to the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor ofi the City of Aubum and the Auburn City CleIrk are hereby authorized to execute an Agreement between the City of Auburn and Olympic Security; Inc., for court security services which agreement shall be in substantial conformity with the Agreement a copy of which is attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Resolution No. 4608 June 9, 2010 Page 1 of 2 Section 2. The Mayor is hereby authorized to implement such . administrative procedures as may be necessary fo carry out the directives of this legislation. Section 3. This resolution shall be in fiull force and effect upon passage and signatures hereon. s~ Dated and Signed this ?r Ifday of 2010. R. l-~^ PE ER B. LEWIS MAYOR ATTEST: , Danielle E. Daskam, City Clerk APPRO D TO RM: D' I B. Heid, City Attomey Resolution No. 4608 June 9, 2010 Page 2 of 2 PROFESSIONAL SERVICES AGREEMENT FOR COURT SECURITY SERVICES This Professional Services Agreement ("Agreement") is dated effective this lst day of July, 2010. The parties ("Parties") to this Agreement aze the City of Auburn, a Washington municipal corporation ("City"), and Olympic Security, Inc., a Washington corporation ("Contractor"). A. The City seeks professional services of a skilled independent contractor capable of working without direct supervision in the capacity of Court Security; and B. T'he Contractor has the requisite skills and experience necessary to provide such services. NOW, THEREFORE, the Parties agree as follows: 1. Services Contractor sha11 provide the services more specifically described in Exhibit "A", attached hereto and incoiporated by this reference ("Services"), in a manner consistent with the accepted practices for other similar services, performed to the City's satisfaction, within the time period. ~ prescribed by the City and pursuarit to the direction of the 1Vlayor or his or her designee. 2. Term This Agreement shall remain in full force and effect from July 1 st, 2010, through Jurie 30, 2011. Moreover, this Agreement may automatically be renewed under the terms of ttus contract annually, at the conclusion of the term of this Agreement, unless either party provides the other with notice of intent not to extend this Agreement. Said notice shall be received by tlie other party not less than thirry (30) days prior to the expiration of the term of this Agreement or the expiration of any extension thereof. 3. Termination Prior to the expiration of the Term, the City may terminate this Agreement immediately, with or without cause. 4. Compensation 4.1 Tota1 Compensation. In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount not to exceed thirty eight thousand and No/100 dollars ($38,000), more specifically described in Exhibit "B", atta.ched hereto. 1 P ' ~tr, ~ . ~ , , 4.2 Method of PaMent. Payment by the City for the Services will only be made after.the Services have been performed, a voucher or invoice is submitted in the form specified by the City, and the same is approved by the appropriate City representative. Payment shall be made on a monthly basis, thirty (30) days after receipt of such voucher or invoice. 4.3 Contractor Responsible for Taxes. The Contractor sha11 be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 5. Compliance with Laws Contractor sha11 comply with and perform the Services in accordance with all applicable federal, state, and City laws including, without limitation, all City codes, ordinances, resolutions, standards, and policies, as now existing or hereafter adopted or amended. 6. Warrantv The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Services and is appropriately accredited and licensed by a11 applicabl'e agencies and governmental entities, including but not limited to being registered to do business in the City - of Auburn by a City of Auburn business license. 7. Independent Contractor/Conflict of Interest It is the intention and 'understanding of the Parties that the Contraetor shall be an independent contractor and that the Gity shall be neither liable nor obligated to pay Contractor sick leave, vacation pay, or any other benefit of employment, nor pay any social security or other tax due. Industrial or any other insurance that is purchased for the benefit of the City, regazdless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. It is recognized that Contractor may or will be performing professional services during the Term for other parties; provided, however, that such perFormance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. 8. Indemnification 8.1 Contractor Indemnification. The Contractor agrees to indemnify, defend and hold harmless the City, its elected officials, offcers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the. extent caused by the acts, errors or omissions of the Contractor, its partners, shazeholders, agents, employees, or by the Contractor's breech of this Agreement. Contractor waives any immunity that may be 2 granted to it under the Washington State Industrial Insurance Act, Title 51 RCW. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages; compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or.any other benefits acts or programs. 8.2 City Indemnification. The City agrees to indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, arid agents hazmless from any and a11 claims, demands, losses, actions and liabilities (including costs and attorney fees) to or by any and a11 persons or entities, including without limita.tion, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by acts, errors, or omissions of the City, its employees or agents. 83 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termina.tion. 9. Eqnal Opportunity Emplover In all Contractor services, programs or activities, and all Contractor hiring and employment made possible by or iesulting from this Agreement,"there sha11 be no discrimination by Contractor or by Contractor's employees, agents, subcontractors or representatives against any person because of sex, sexual orientation, age (except minimum age and retirement provisions), race, color, creed, national origin, marital status or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. T'his requirement shall apply, but not be limited to the following: employment, advertising, layoff or.termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall not violate any of the terms of Cha.pter 49.60 RCW, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973 or any other applicable federal, state or local law or regulation regazding non-discrimination. Any material violation of this provision sha11 be grounds for terminafion of this Agreement by the City, and in the case of the Contractor's breech, may result in ineligibility for further City agreements. 10. Confidentialitv All information regarding tlie City obtained by Contractor in performance of this Agreement shall be'considered confidential. Breach of confidentiality by Contractor will be grounds for immediate termination of Agreement. 11. 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 Agreement. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII 3 11.1 Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the state of Washington; 11.2 Commercial General Liability Insurance with combined single limits of liability not less than $1,000,000 per occurrence, $2,000,000 general aggregate. 11.3 Errors & Omissions Insurance with limits not less than $1,000,000 per claim and $1;000,000 policy aggregate limit. The City sha11 be named as additional insured on the commercial general liability policy and receive the appropriate endorsement from the insurance provider. Contractor shall provide certificates of insurance, concurrent with the execution of this Agreement, evidencing such , coverage and, at the City's request, furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. All insurance policies shall contain a clause of endorsement provid'ing that they may not be terminated or materially amended during the Term of this Agreement, except after thirty (30) days prior written notice to the City. If Contractor's insurance policies are "claims made" or "claims paid", Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terininated. Contractor's failure to maintain such insurance policies shall be grounds for the City's immediate termination of this Agreement. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occumng prior to such expiration or termination. 12. Work Product All originals and copies of work product, including plans, sketches, layouts, designs, , desigri specificafions, records, files, computer disks, magnetic media or material which ma.y be produced or modified by Contractor while performing the Services shall belong to the City. At the expiration or termination of this Agreement, a11 originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 13. Books and Records The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the Sta.te Auditor, or other governmental officials authorized by law to monitor this Agreement. 14. Non-Appropriation of Funds 4 If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 15. General Provisions 15.1 , Entire Agreement. This Agreement contains all of the agreements of the Parties with resgect to any matter covered or mentioned in this Agreement and no prior agreements shall be effective for any purpose. 15.2 Modification. No provision of this Agreement, including this provision, may be amended or modified except by written agreement signed by the Parties. 15.3 Fu11 Force and Effect. Any provision of this Agreement that is declazed invalid or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 15.4 Assigment. Neither the Contracfor nor the City shall have the riglit to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder , without the prior written consent of the other Party. 15.5 Successor in Interest. Subject to the foregoing Subsection, the rights and obligations of the Parfies shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. 15.6 Attorney Fees. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, the non-prevailing Party shall pay all attorney fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. 15.7 No Waiver. Failure or delay of the City to declaze any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default: 15.8 Governing Law. This Agreement shall be made in and shall be govemed by and interpreted in accordance with the laws of the State of Washington.. 15.9 Authoritv. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individuals aze duly authorized to execute and deliver this Agreement on behalf of the City or the Contractor. 5 15.10 Notices. Any notices required to be given by the Parties shall be delivered at the addresses set forth below. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth below. Any notice so posted in the United States mail sha11 be deemed received three (3) days after the date of mailing. 15.11 Captions. The respective captions of the Sections of this Agreement aze inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. 15.12 Eerformance. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to comp_letion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. 15.13 Remedies Cumulative: Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. 15.14 Counterparts. This Agreement may be executed in any number of , counterparts, which counterparts shall collectively constitute the entire Agreement. DATED on the .3D 1711day of 7&1r/e , 20 A0. CITY OF URN By: . Peter B. Lewis, Mayor ark Vinson, President 25 West 1Vlain Street Olympic Security, Inc. Auburn, WA 98001 ATTEST: D ` Daskam, City Clerk APPROVED AS TO FORM: - rp,tg Dan Heid, City Attorney 6 [inai.iaual Notary] STATE OF WASHINGTON ) ) ss. COUNTY OF ) On this day personally appeazed before me, to me known to be the individual described in and who executed tlie foregoing instrument, and on oath swore that he/she/they execut_ed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of 52010 (typed/printed name of.notary) Notary Public in and for the Sta.te of Washington My commission expires [Corporate Notary] STATE OF WASHINGTON ) ) ss. County of ) On this day personally appeared before me , to me known to be the of , that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed if any, is the corporate seal of said corporation. GIVEN my hand and off cial seal this day of , 2010 (typed/printed name of notary) Notary Public in and for the State of Washington My commission expires 7 . PROFESSIONAL SERVICES AGREEMENT FOR COURT SECURITY SERVICES EXHIBIT A SERVICES: The Contractor sha.ll provide a Court Security Officer to the Auburn Court. The Auburn Court has an existing magnetometer and hand wand for use in screening all individuals entering the Gourt. The Contractor shall ensure that all officers assigned to the Aubum Court have received training on the use and application of these devices, and are retrained as necessary to maintain proficiency and any associated certifications. The Court Security Officer shali not be anned with a firearm or weapon of any kind. The Court Security Officer sha1L• • Direct each individual entering the public areas of the Court and Probation offices through the metal detector; • Screen all individuals for weapons when they enter the Courtroom and Probation areas; • Upon discovery of weapons, refuse entry to the bearer and direct them to immediately leave the Court building; • Maintain a log of all weapons discovered; • Operate and maintain security equipment (i.e., walkthrough magnetometer and ha nd wand); • Maintain order and decorum to ensure the judicial process; • Conduct scheduled and random security inspections of public azeas of the Court (i.e., courtrooms, restrooms, conference and jury rooms, restrooms, etc.); • Immediately notify court staff of potentially dangerous individuals; • Be available in the event trials or deliberation extend beyond scheduled times; ` • Display a pleasant and professional demeanor; • Be familiaz with emergency evacuation routes, • Be familiar with the location of fire extinguishers, first aid kits, fire alann pull stations, "Panic" buttons, etc.; Perform other Court-related duties as assigned DAILY SCHEDULE • Monday through Friday: 8:00 a.m. -12:00 a.m. and 12:30 p.m. - 4:30 p.m. 8 . 9 PROFESSIONAL SERVICES AGREEMENT FOR OLYMPIC SECURITY SERVICES, INC. EXHIBIT B COMPENSATION: City agrees to pay the Contractor the amount of Nineteen dollars and No/100 dollazs per hour ($19.00 per hour) City agrees to pay the Contractor time and a half for time exceeding eight hours in a day, Twenty eight dollars and fifty cents per hour ($28.50 per hour). " 9 -