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
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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