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HomeMy WebLinkAboutITEM VIII-B-6 AUBURN WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4352 Date: May 6, 2008 Department: Attachments: Budget Impact: Human Resources Resolution No . 4352 Administrative Recommendation: City Council adopt Resolution No. 4352. Background Summary: Resolution No. 4352 authorizes the Mayor and Ci ty Clerk to execute an agreement between the City of Auburn and Olympic Security, Inc., for court secu rity services. S0519-1 A3.16.6 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 ? Information Services Action: Committee Approval: ?Yes ?No Council Approval: ?Yes ?No Call for Public Hearing Referred to Until - Tabled Until Councilmember: Backus Staff: Heineman Meeting Date: May 19, 2008 Item Number: VIII.B.5 AUBURN *MORE THAN YOU IMAGINED RESOLUTION NO.4 3 5 2 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. 4352 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 APPROVEI;'AS TO Daniel B. Heid, City Attorney Resolution No. 4352 April 16, 2007 Page 2 of 2 PROFESSIONAL SERVICES AGREEMENT FOR COURT SECURITY SERVICES This Professional Services Agreement ("Agreement") is dated effective this 1St day of May, 2008. 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 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 April 31, 2009 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. Termination Prior to the expiration of the Term, the City may terminate this Agreement immediately, with or without cause. Prior to the expiration of the Term, the Contractor may terminate this Agreement, with or without cause, upon thirty days' advance written notice to the City. 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 forty thousand and No/100 dollars ($40,000), 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 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. 2 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, 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 ANII 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 $1,000,00.0 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 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. 4 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 Assignment. 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 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 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 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. 15.11 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 CITY OF AUBURN day of , 20 _. By: Peter B. Lewis, Mayor 25 West Main Street Auburn, WA 98001 ATTEST: Dani Daskam, City Clerk APPROVED AS TO FORM: 'Sid n Heid, City Attorney Mark Vinson, President Olympic Security, Inc. 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 2008 (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 the of to me known to be 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 2008 (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 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. 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). 9