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HomeMy WebLinkAbout04-16-2007 Agenda ModificationWASHINGTON TO: Members of the City Council Mayor Lewis Department Directors FROM: Danielle Daskam, City Clerk SUBJECT: April 16, 2007 Agenda Modification DATE: April 16, 2007 The April 16, 2007 City Council meeting agenda published on Friday, April 13, 2007 is modified as follows: II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE The agenda modification transmits the following correspondence received Monday, April 16, 2007: 2. Undated letter received via email addressed to Michael Davolio from Ross and Dorianne McGrath regarding address changes in the Lakeland Hills area. V. CONSENT AGENDA The agenda removes contract administration Item V.C.1 (See Resolution No. 4178, Item VI I I. B.8 below) VIII. ORDINANCES AND RESOLUTIONS The agenda modification transmits a revised Schedule A to Ordinance No. 6092 under Item VIII.A.2 and adds Resolution No. 4178 under Item VIII.B.8 8. Resolution No. 4178* (Backus/Heineman) A3.16.6, A3.16.10 A Resolution of the City Council of the City of Auburn, Washington authorizing an Agreement for Professional Services with Olympic Security Services for security services at the Auburn Municipal Court I/clerk/council/2007agendas/2007am04-16 To Michael Davolio and whomever it may concern, I'm writing this letter because I'll be unable to attend the City Council Meeting on the 16th of April. I'd like to voice my opinion on the matter of address changes in Lakeland Hills. My wife and I have lived in Lakeland for a year now and ever since moving in, I have been anticipating an address change. It was very clear to me when we moved in that our home along with numerous other homes were addressed incorrectly. After speaking with both Jim Tinner and Fire Marshal Jeff Stottlemyre it is my understanding not even half of the roughly 300 incorrect addresses are going to be fixed. My main concern is that of safety. As a fireman, I personally know how important correct addressing is when responding to emergencies. In an emergency, taking a left instead of a right may mean having to go all of the way around the block and come back to the street which was missed which will take time that could be crucial. I was informed that the decision was made to change only the "critical" addresses that were wrong. I think anytime someone has to call 911, for whatever reason, it is because they are in a situation they don't know how to handle and need help ... to me that is "critical". For example, looking specifically at Elizabeth Ave SE, there are ten homes numbered incorrectly. Six of those house numbers are on the wrong side of the cross street. Someone heading west on 64th and looking for 6411 Elizabeth Ave SE would turn South onto Elizabeth and expect to find 6411. Unfortunately 6419, 6415, 6413, 6411, 6405, 6403, 6401 are all North of 64th St SE. I would like to ask for further consideration to make ALL the addresses in Lakeland Hills correct. I really don't think asking for our home to be addressed correctly is too much to ask. I understand that it may be a hassle and will cost the city money, but I really do believe that it is the right thing to do. Thank you for your time, Ross and Dorianne McGrath 6411 Elizabeth Ave Se Auburn, WA 98092 206.849.2922 CITY OF AUBURN 2007 BUDGET AMENDMENT "SCHEDULE A" Budget Amendment #2 Ordinance 6092 CURRENT REQUESTED REVISED BUDGET ACCOUNT #/DESCRIPTION BUDGET AMENDMENT BUDGET ADJUST. GENERAL FUND 001: REVENUE: CHANGE IN REVENUE EXPENDITURES: Public Works Salaries Benefits Small Tools & Minor Equipment Capital Equipment CHANGE IN EXPENDITURES Designated Ending Fund Balance Undesignated Ending fund balance FUND 103 LOCAL STREET REVENUE: Operating Transfer In 1,368,900 54,800 Construction Inspectors (2) 49,000 Developmental Review Engineer 33,000 1,505,700 Development Support Clerk 415,000 16,600 Construction Inspectors (2) 14,600 Developmental Review Engineer 10,000 456,200 Development Support Clerk 34,900 22,000 56,900 Computer & phones for 4 FTE's 12,200 12,200 Vehicles for 2 Inspectors 212,200 212,200 572,300 572,300 4,179,525 (212,200) 3,967,325 675,000 480,000 1,155,000 480,000 EXPENDITURES Construction Projects 1,124,500 480,000 1,604,500 80,000 FUND 328 CAPITAL IMPROVEMENT PROJECTS EXPENDITURES Operating Transfers Out-REET 2 1,985,100 480,000 2,465,100 Ending Fund Balance 6,602,203 (480,000) 6,122,203 FUND 430 WATER EXPENDITURES Salaries Benefits Capital Equipment Ending Working Capital Adjust Ending Fund Balance Transfer In from fund 328 for Street preservation Street preservation projects Transfer Out to Fund 103 for Street Preservation Adjust Ending Fund Balance 593,200 20,200 Construction Inspectors (2) 7,000 Developmental Review Engineer 4,700 625,100 Development Support Clerk 178,600 6,000 2,100 1,400 188,100 60,000 12,300 72,300 6,015,192 (53,700) 5,961,492 I Construction Inspectors (2) Developmental Review Engineer Development Support Clerk Vehicles for 2 Inspectors Adjust Ending Working Capital Total Revenue Total Expenditures/Expenses 480,000 480,000 2 CITY OF AUBURN 2007 BUDGET AMENDMENT "SCHEDULE A" Budget Amendment #2 Ordinance 6092 CURRENT REQUESTED REVISED BUDGET ACCOUNT #/DESCRIPTION BUDGET AMENDMENT BUDGET ADJUST. FUND 431 SEWER EXPENDITURES 450,000 20,200 Construction Inspectors (2) Salaries 3,500 Developmental Review Engineer 4,700 478,400 Development Support Clerk Benefits 136,200 6,000 Construction Inspectors (2) 1,100 Developmental Review Engineer 1,400 144,700 Development Support Clerk Capital Equipment 110,500 12,300 122,800 Vehicles for 2 Inspectors Ending Working Capital 6,007,550 (49 200) 5,958,350 Adjust Ending Working Capital FUND 432 STORM EXPENDITURES 513,200 20,200 Construction Inspectors (2) Salaries 10,500 Developmental Review Engineer 4,700 548,600 Development Support Clerk Benefits 154,500 6,000 Construction Inspectors (2) 3,200 Developmental Review Engineer 1,400 165,100 Development Support Clerk Capital Equipment 207,500 12,200 219,700 Vehicles for 2 Inspectors Ending Working Capital 2,107,520 (58,200) 2,049,320 Adjust Ending Working Capital Total Revenue Total Expenditures/Expenses 480,000 480,000 2 CITY OF �.a AGENDA BILL APPROVAL FORM WASHINGTON Agenda Subject: Ordinance No. 6093 Date: April 16, 2007 Department: Attachments: Ordinance No. 6093 Budget Impact: Administrative Recommendation: City Council introduce and adopt approve Ordinance 6093. Background Summary: The City of Auburn has adopted and in place truck routes designating routes within the City where trucks are to be directed in their transit through and across the City. These truck routes are adopted as a part of the City's comprehensive plan. However, the comprehensive plan has had some recent changes which identify and warrant modification to the existing truck route designations. In order to better encourage truck travel on the newly designated truck routes, it is appropriate to amend the sections of the City Code designating and identifying the truck routes. At the same time, and based upon the City's philosophy of enforcement, it is appropriate that violations of these truck routes be civil infractions rather than current criminal misdemeanors. 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 ❑ Legal ❑ Police ❑ Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources Action: Committee Approval: []Yes ❑No Council Approval: []Yes ❑No Call for Public Hearing Referred to Until Tabled Until Councilmember: Wagner Staff: Dowd Meeting Date: April 16 Item Number: VIII.A.3 AUBURN* MORE THAN YOU IMAGINED ORDINANCE NO.6 0 9 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTIONS 9.90.020 AND 9.90.030 OF THE AUBURN CITY CODE RELATING TO TRUCK ROUTES WHEREAS, the City Council has adopted truck route designations in the City of Auburn's Comprehensive Plan; and WHEREAS, the City Council wishes to amend the Auburn City Code (ACC) to be consistent with the Comprehensive Plan; and WHEREAS, it is in the best interest of the City to encourage trucks to travel on routes designated for truck use; and WHEREAS, the City Council finds that violations of the City's truck route limitations and other truck weight restrictions are similar in nature to a traffic violation, and the penalty for such a violation should be a civil infraction, rather than the current penalty of a misdemeanor crime. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. That section 9.90.020 of the Auburn City Code be and the same hereby is amended to read as follows: 9.90.020 Truck route designation and restrictions. A. The City's designated truck routes shall be as identified in the city's Comprehensive Transportation Plan. Streets designated as Future Truck Routes shall not be considered truck routes for the purpose of this chapter. Ordinance No. 6093 April 16, 2007 Page 1 of 4 B. All through truck trips, with origins and destinations outside the 1�1 �{L - - • � . - I 1 1 II MKIMMMMIT / 1 • 11 1 DG. All other streets not designated as truck routes within the limits of the city of Auburn shall be restricted to allow only vehicles rated under 30,000 pounds GW, except for local delivaes-truck trips which shall be defined, for the purpose of this chapter, as all de�li�,ve;itruck trips with origins or destinations within the limits of the city of Auburn unles6 othepwise posted. D. All G inh IGGal deliveries or fromthe same site numbering 10 trips or more per day hall be subj t tG route restFiG nrd ll Fp4—�,.,T}—TTT�JT�'Cf ^,},�— a�—sTf iiQ'�C�'—i"O route designations b Gity eRgiReer as provided . Ordinance No. 6093 April 16, 2007 Page 2 of 4 E. A truck making a local truck trip shall travel by City truck routes to a location as close to its delivery or pickup point as possible and then travel to that destination by the shortest route practicable remaining on the City's arterial street network whenever possible Local truck trips may be subiect to route restrictions by the City Engineer or designee as provided for in the Auburn City Code. F. All trucks, whether conducting through or local trips must be in conformance with the Washington state legal limits for trucks unless granted a permit from the City for overweight truck hauling Overweight truck hauling without a City issued permit shall be a civil infraction subject to the penalties identified in RCW Title 46. (Ord. 5682 § 1, 2002; Ord. 5319 § 2, 1999. Formerly 9.12.020.) Section 2. Amendment to City Code. That section 9.90.030 of the Auburn City Code be and the same hereby is amended to read as follows: 9.90.030 Violations — Penalty. When any public highway, road, street or thoroughfare within the city's jurisdiction is either closed or restricted as to use, any person, firm or corporation disregarding such closure or restriction of use shall be guilty of an infraction with a penalty of $250.00rnisderneaR4F, and it shall also be an infraction with a penalty of $250.0 misdernfor any person, firm or corporation to violate the requirements of this chapter; and in addition to any Griminal penalty for violation of provisions of this chapter, such person, firm or corporation shall be liable in any civil action instituted in the name of the city of Auburn for any damages occurring to any public highway, road, street or thoroughfare within the city's jurisdiction as a result of disregarding such closure or use restriction. (Ord. 5873 § 2, 2004; Ord. 5682 § 1, 2002; Ord. 5319 § 2, 1999. Formerly 9.12.030.) Section 3. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 4. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application Ordinance No. 6093 April 16, 2007 Page 3 of 4 thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section S. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. DATED and SIGNED this day of , 2007. ATTEST: Danielle E. Daskam, City Clerk F-IT.07N B`Ileid; City Attorney Published: Ordinance No. 6093 April 16, 2007 Page 4 of 4 INTRODUCED: PASSED: APPROVED: CITY OF AUBURN PETER B. LEWIS, MAYOR CITY OF AGENDA BILL APPROVAL FORM WASHINGTON Agenda Subject: Agreement for Professional Services for Auburn Date: April 16, 2007 Municipal Court Department: Attachments: Resolution No. 4178 Budget Impact: Human Resources and A reement Administrative Recommendation: City Council adopt Resolution No. 4178. Background Summary: The City's contract for court security with Akela Security has expired. Akela Security will no longer maintain part-time hours and the City has a need for full time court security. Olympic Security was selected as the vendor due to their previous experience, pricing and reference checks. SO416-1 A3.16.6; A3.16.10 Reviewed by Council & Committees: Reviewed by Departments & urvisions: ❑ M&O ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ Cemetery ❑ Mayor ❑ Airport ❑ Hearing Examiner ❑ Finance ❑ Municipal Serv. ❑ Finance ❑ ❑ Parks Planning ❑ Human Services ❑ Park Board ❑ Planning & CD ❑Public Works ❑ Fire ❑ Legal ❑ Police ❑ Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources M Information Services Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until Tabled Until Councilmember Backus Staff: Heineman Meetinq Date: April 16, 2007 Item Number. VIII.B.8 AUB f RN * MORE THAN YOU IMAGINED RESOLUTION NO. 41 7 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, Washington; and and WHEREAS, the City of Auburn has a need for court security services; 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. 4178 April 16, 2007 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 , 2007. CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk Resolution No. 4178 April 16, 2007 Page 2 of 2 EXHIBIT "A" PROFESSIONAL SERVICES AGREEMENT FOR COURT SECURITY SERVICES This Professional Services Agreement ("Agreement") is dated effective this I" day of January 2006. 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 temporary 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 The term of this Agreement shall commence upon the effective date of the Agreement and shall continue until the completion of the Services, but in any event not later than December 31, 2007 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. 3. Termination Prior to the expiration of the Term, the City may terminate this Agreement immediately, with or without cause. 4. Compensation 4.1 Total 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. 4.2 Method 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 EXHIBIT "A" 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 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 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 2 EXHIBIT "A" 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 EXHIBIT "A" 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 $1,000,000 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 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 0 EXHIBIT "A" 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 respect 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 Full 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. 15.4 Assi nment. 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. 15.5 Successor 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. 15.6 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 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. 15.8 Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 15.9 Authority. 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. 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 maybe deposited in the United States mail, postage prepaid, to EXHIBIT "A" 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. 15.11 Captions. 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. 15.12 Performance. 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. 15.13 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 day of , 20 _ ATTEST: Dani Daskam, City Clerk CITY OF AUBURN By: Peter B. Lewis, Mayor 25 West Main Street Auburn, WA 98001 Olympic Security, Inc n EXHIBIT "A" LIZ 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 STATE OF WASHINGTON) ss. County of ) 2007 (typed/printed name of notary) Notary Public in and for the State of Washington My commission expires 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 , 2007 (typed/printed name of notary) Notary Public in and for the State of Washington My commission expires 7 EXHIBIT "A" 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 1:00 p.m. - 5:00 p.m. EXHIBIT "A" 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). W