HomeMy WebLinkAboutITEM V-C
AGENDA BILL APPROVAL FORM
Agenda Subject:Date:
Resolution No. 4608 June 9, 2010
Department:Attachments:Budget Impact:
Human Resources Resolution 4608
Administrative Recommendation:
City Council adopt Resolution No. 4608
Background Summary:
To extend the Professional Services Agreement for court security services.
S0621-1
Reviewed by Council & Committees:Reviewed by Departments & Divisions:
Arts Commission COUNCIL COMMITTEES: Building M&O
Airport Finance Cemetery Mayor
Hearing Examiner Municipal Serv. Finance Parks
Human Services Planning & CD Fire Planning
Park Board Public Works LegalPolice
Planning Comm. OtherPublic Works Human Resources
Information Services
Action:
Committee Approval: Yes No
Council Approval: Yes NoCall for Public Hearing___/___/____
Referred to _________________________________ Until ____/___/____
Tabled ______________________________________ Until___/___/____
Councilmember:Staff:
Backus Heineman
Meeting Date:
Item Number:
June 21, 2010
Agenda Subject:Date:
Page 2 of 2
RESOLUTION NO. 4608
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, Washington; and
WHEREAS, the City of Auburn 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 of the City of Auburn and the Auburn City Clerk
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.
June 9, 2010
Page 1 of 2
Section 2.
The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation.
Section 3.
This resolution shall be in full force and effect upon
passage and signatures hereon.
Dated and signed this _____ day of _________________, 2010.
CITY OF AUBURN
___________________________________
PETER B. LEWIS
MAYOR
ATTEST:
_________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
_________________________
Daniel B. Heid, City Attorney
--------------------------------------
Resolution No.
June 9, 2010
Page 2 of 2
PROFESSIONAL SERVICES AGREEMENT
FOR
COURT SECURITY SERVICES
st
This Professional Services Agreement (“Agreement”) is dated effective this 1
day of
July, 2010. The parties (“Parties”) to this Agreement are 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. The Contractor has the requisite skills and experience necessary to provide such
services.
NOW, THEREFORE, the Parties agree as follows:
1. Services
Contractor shall provide the services more specifically described in Exhibit “A”, attached
hereto and incorporated 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 pursuant to the direction of the Mayor or his or her designee.
2. Term
This Agreement shall remain in full force and effect from July 1st, 2010, through June
30, 2011. Moreover, this Agreement may automatically be renewed under the terms of this
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 the
other party not less than thirty (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
4.1Total 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”,
attached hereto.
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4.2Method of Payment. 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.
4.3Contractor Responsible for Taxes.
The Contractor shall 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 shall 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. Warranty
The Contractor warrants that it has the requisite training, skill, and experience necessary
to provide the Services and is appropriately accredited and licensed by all applicable 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 Contractor shall be an
independent contractor and that the City 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, regardless
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, officers, 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, shareholders, agents, employees, or by the
Contractor’s breech of this Agreement. Contractor waives any immunity that may be
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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, and agents harmless
from any and all claims, demands, losses, actions and liabilities (including costs and
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 solely caused by acts, errors, or omissions of the City,
its employees or agents.
8.3 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 termination.
9. Equal Opportunity Employer
In all Contractor services, programs or activities, and all Contractor hiring and
employment made possible by or resulting from this Agreement, there shall 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. This 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 Chapter 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 regarding non-discrimination. Any material
violation of this provision shall be grounds for termination of this Agreement by the City, and in
the case of the Contractor’s breech, may result in ineligibility for further City agreements.
10. Confidentiality
All information regarding the 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
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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 $1,0000,000 per occurrence, $2,000,000 general aggregate.
11.3 Errors & Omissions Insurance with limits not less than $1,000,000 per
claim and $1,000,00 policy aggregate limit.
The City shall 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 providing 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 terminated. 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 occurring prior to such expiration or termination.
12. Work Product
All originals and copies of work product, including plans, sketches, layouts, designs,
design specifications, records, files, computer disks, magnetic media or material which may be
produced or modified by Contractor while performing the Services shall belong to the City. At
the expiration or termination of this Agreement, all 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 State 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
This Agreement contains all of the agreements of the
15.1Entire Agreement.
Parties with respect to any matter covered or mentioned in this Agreement and no prior
agreements shall be effective for any purpose.
15.2Modification.
No provision of this Agreement, including this provision,
may be amended or modified except by written agreement signed by the Parties.
15.3Full Force and Effect.
Any provision of this Agreement that is declared
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.
15.4Assignment.
Neither the Contractor nor the City shall have the right 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.
15.5Successor in Interest.
Subject to the foregoing Subsection, the rights and
obligations of the Parties shall inure to the benefit of and be binding upon their respective
successors in interest, heirs and assigns.
15.6Attorney 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.
15.7No Waiver. Failure or delay of the City to declare 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.
15.8Governing Law. This Agreement shall be made in and shall be governed
by and interpreted in accordance with the laws of the State of Washington.
15.9Authority. Each individual executing this Agreement on behalf of the City
and Contractor represents and warrants that such individuals are duly authorized to
execute and deliver this Agreement on behalf of the City or the Contractor.
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15.10Notices. 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 shall be
deemed received three (3) days after the date of mailing.
15.11Captions.
The respective captions of the Sections of this Agreement are
inserted for convenience of reference only and shall not be deemed to modify or
otherwise affect any of the provisions of this Agreement.
15.12Performance. Time is of the essence of this Agreement and each and all
of its provisions in which performance is a factor. Adherence to completion dates set
forth in the description of the Services is essential to the Contractor’s performance of this
Agreement.
15.13Remedies 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.
15.14Counterparts.
This Agreement may be executed in any number of
counterparts, which counterparts shall collectively constitute the entire Agreement.
DATED on the
day of , 20.
CITY OF AUBURN
By:
Peter B. Lewis, Mayor Mark Vinson, President
25 West Main Street Olympic Security, Inc.
Auburn, WA 98001
ATTEST:
Dani Daskam, City Clerk
APPROVED AS TO FORM:
Dan Heid, City Attorney
6
[Individual Notary]
STATE OF WASHINGTON )
) ss.
COUNTY OF )
On this day personally appeared before me,
, to me known
to be the individual described in and who executed the foregoing instrument, and on oath swore
that he/she/they executed 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 , 2010
(typed/printed name of notary)
Notary Public in and for the State 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 official seal this day of , 2010
(typed/printed name of notary)
Notary Public in and for the State of Washington
My commission expires
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PROFESSIONAL SERVICES AGREEMENT
FOR
COURT SECURITY SERVICES
EXHIBIT A
SERVICES:
The Contractor shall 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
Court. The Contractor shall ensure that all officers assigned to the Auburn 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 shall not be armed with a firearm or weapon of any kind.
The Court Security Officer shall:
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 hand
wand);
Maintain order and decorum to ensure the judicial process;
Conduct scheduled and random security inspections of public areas 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 familiar with emergency evacuation routes,
Be familiar with the location of fire extinguishers, first aid kits, fire alarm 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.
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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 dollars 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).
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