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HomeMy WebLinkAboutITEM VIII-B-4 * * CITY OF * AGENDA BILL APPROVAL FORM WASH[NGTON Agenda Subject: Resolution No. 4608 Date: June 9, 2010 Department: Attachments: Budget Impact: Human, Resources Resolution 4608 Administrative Recommendation: City Councii adopt Resolution No. 4608. - - Backg~ound Summary: Resolution No, 4608 authorizes the Professional Services Agreement with Olympic Security, Inc., for court;security services. S0621-1 A1.4.1, A3.16.6 Reviewed by Council & Committees: Reviewed by Departments 8 Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ Airport 0 Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner 0 Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ❑ Planning & CD ❑ Fire ❑ Planning ❑ Park Board ❑ Public Works ❑ Legal ❑ Police ❑ Planning Comm. ❑ Other ❑ Public Worics ❑ Human Resources ❑ Inforrnation Services Action: Committee Approval: ❑Yes ONo Council ApprovaL• 0Yes ❑No Call for Public Hearing Referred to Until Tabled Until Councilmember. Backus Staff: Heineman Meetin Date: June 21, 2010 Item Number: VI11.6.4 AUBURN * MORE THAN YOU IMAGINED RESOLUTION NO. 4 6 0 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN . AGREEMENT BETWEEN THE CITY OF AUBURN ` AND OLYMPIC SECURITY, INC., FDR COURT SECURITY SERVICES WHEREAS, the City of Aubum operates the Aubum Municipal Court located in Auburn, Washington; and , WHEREAS, the City ofi Aubum has a need for court security services; and WHEREAS; Olympic Security, Inc. has the ability to provide for those services at a cost that is acceptable to the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows: Secfion 1. The Mayor of the City of Auburn and the Auburn City Clerk are hereby authorized to execute an Agreement befinreen the City of Auburn and Olympic Security, Inc., for court security services which agreement shall be in substantial conformity with the Agreement a copy of which is attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Resolution No. 4608 June 9, 2010 Page 1 of 2 Section 2. The Mayor is hereby authorized to implement such . administrative procedures as. may be necessary 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 Cleck APPRO D TO RM: D' I B. Heid, City Attorney Resolution No. 4608 June 9; 2010 Page 2 of 2 PROFESSIONAL SERVICES AGREEMENT FOR COURT SECURITY SERVICES This Professional Services Agreement ("Agreement") is dated effective this l s` 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 skilied 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", atta.ched hereto and incorporated by this ieference ("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 1 st, 2010, through June 30, 2011. Moreover, this Agreement may automatically be renewed under the terms of this contract arinually, at the conclusion of ttie 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 thirEy (30) days prior to the expiration of the term of this Agreement or the expiration of any extension thereof. 3. Termination Prior to.the expiration of the Term, the City may terminate this Agreement immediately, with or without cause. 4. Compensation 4.1 Total Compensation. In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount not to exceed thiriy eight thousand and No/100 dollars ($38,000), more specifically described in Exhibit "B", attached hereto. 1 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 sha11 comply with and perform the Services in accordance with all applicable federal, state, 'and City laws including, without limitation, a11 City codes; ordinances, resolutions, standards, and policies, as now existing or hereafter adopted or amended. 6. Wanantv The Contractor warrants that it has the requisite training, skill, and experience necessary - to provide the Services and is appropriately accredited and licensed by a11 applicable agencies arid governmental entities, including but not limited to being registered to do business in tlie 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 converCthis Agreement to an employment eontract. 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 tlie City, its elected officials, officers, employees, agents, and volunteers hannless from any and all claims, demands, losses, actions and liabilities (including costs and all attomey fees) to or by any and a11 persons or entities, including, without limita.tion, their respective agents, licensees, or representatives, arising from, resulting from, or connected.with this Agreement to the extent 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 2 granted to it under the Waslungton Sta.te Industrial Insurance Act, Title 51 RCW. Contractor's indemnification'shall not be limited in any way by any limitation on the amount ofdamages, compensation ar benefits payable to orby 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 firom any and all claims, demands, :losses, actions and liabilities (including costs and attorriey fees) to or by any and a11 persons or entities, including without limitation, their resgective 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. Equa1 Opportunitv Employer In all Contractor services, programs for activities, and a11 Contractor hiring and employment made possible by or resulting from this Agreement, there shall be no discrimination by Contractor oi 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 liinited 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 regazding 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. Confidentialitv All information regazding 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 sha11 procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to properfy, which may arise from or in connection with the performance of the Agreement. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII 3 11.1 Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the state of Washington; 11.2 Commercial General Liability Insurance with combined single limits of liability not less than $1,0000,000 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 generalliability policy and receive the appropriate endorsement from the insurance provider. Contra.ctor sha11 pro.vide 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 Gity. If Contractor's insurance policies are "claims made" or "claims paid", Contractor shall be required to maintain tail covera.ge for a minimum period of three (3) years from the date this Agreement is actually ternunated. 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, a11 originals and copies of any such work ` product remaining in the possession of Contractor shall be delivered to the City. 13. Books and Records The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services and maintain such accounting procedures 'and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at a11 xeasonable,times, to inspection, review or audit bythe 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 f scal period, and this Agreement will terminate upon the completion of all remaining Services for which fiznds a.re 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 sha11 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 t11e Parties. 15.3 Full Force and Effect. Any pro"vision of this Agreement that is declared invalid or illegal sha11 in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 15.4 Assi mnent. Neither the Contractor nor the City sha11 have the right to transfer or assign, in whole or in part, any or a11 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 sha11 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. a11 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 sha11 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• T'his Agreement shall be made in and shall be goverried by and interpreted in accordance with the laws of the Sta.te of Washington. 15.9 Authoritv. Each iridividual executing this Agreement on behalf of the City and Contractor represents and warrants ttiat such individuals are duly authorized to execute and deliver this Agreement on behalf of the `City or the Contractor. 5 15.10 Notices. Any notices required to be given by the Parties shall be delivered at the addresses set forth below. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set fortlz 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 proyisions of this Agreement. 15.12 Performance. Time is of the essence ofthis 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 aze not intended to be exclusive, but shall be cumulative witlz 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 shali collectively constitute the endre Agreement. DATED on the ' day of , 20 _ CITY OF AUBURN By: Peter B. Lewis, Mayor Mark Vinson, President 25 West Main Sfreet Olympic Security, Inc.. Auburn, WA 98001 ATTEST: Dani Daskam, Cify Clerk APPROVED AS TO FORM: Dan orney 6 [Individual Notary] STATE OF WASHINGTON ) ) ss. GOUNTY 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 instnunent 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 nazne of notary) Notary Public in and for the Sta.te of Washington My coinmission 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 tha.t the seal affixed if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of , 2010 (typed/printed riame 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. T'he Contractor shall ensure that a11 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 sha11: • Direct each individual entering the public areas of the Court and Probation offices. through the metal detector; • Screen all individuals for weapgns 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 a11 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 azeas of the Court (i.e., courtrooms, restrooms, conference and jury rooms, restrooms, etc.); • Immediately notify court staff of potentially dangerous individuals; • Be available in the event trials or deliberation extend beyond scheduled times; • Display a pleasant and professional demeanor; • Be 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. . 8 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