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HomeMy WebLinkAboutAgenda Modification . CITY.OF : - FINANCE COMMITTEE * WASHINGTON . June 21, 2010 AGENDA MODIFICATION The agenda mod'ofcation substitutes a revised Exhibit A to Resolution Na 4608. . 181. ORD9NANCES A9VD RESOLUTIONS .B.. Resolutions 2. Resolution No. 4608'" (Backus/Heineman) A1.4.1, A3:16.6 A Resolution of the City of Aubum; Washington,, authorizing the Mayor and City Clerk to execute an agreement between the City of Aubum and Olympic Security, Inc., for court security seniices - . ~ PROFESSIONAL SERVIGES AGREEMENT FOR _ COURT SBCURITY SERVICES This Professional Services Agreement ("Agreement') is dafed effective this lst day of Ju1y, 2010. The parties ("Parties") to this Agreement are the City of Auburn, a Washington municipa,t.66iporation ("City'); and Olympic Security, Inc., a Washington coiporatio~r ' ("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 Contra.ctor shall provide the services more specifically described in Exhibit "A", atfached hereto and incorpora.ted by.this reference ("Services"), in a manner consistent with th'e 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 l st, 2010, thmugh June 30, 2011. Moreover, this Agreement may automaxically be renewed under the terms of this contract annually, at the conclusion of the term of this Agreement, unless either party provides. the other with notice of intent not to extend this Agreement. Said notice shall be receiVed by the other party not less than thirty (30) days prior to the expiration of the term of this Agieemept 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 thirty eight thousand and No/1 OO dollars ($38,000), more specifically described in Exhibit "B", attached hereto. 1 a , . 4.2 Method of PaMent. 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 , and the same is approved by the appropriate City form specified by the City representative. Payment sha11 be ma.de on a monthly basis, thiriy (30) days after receipt of such voucher or invoice. 4.3, Contractor ResponAle for Taxes. The Contractor sha11 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 Coniractor sha11 comply with.and perform the Services in accordance with all applicable federal, state; and City laws includirig, without limitation, all City codes, ordinances, resolutions, . standards, and policies; as now existing or hereafter adopted or amended. " 6. Wazrantv . The. Contractor warrants that it has the requisite tra.ining, skill, and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental' entities, includirig but not limited to beirig registered to do business in the City of Auburn by a City of Auburn business license. , 7. Independent Contractor/Gonflict of Interest . It is the irifention and understanding of the Parties that the Contractor shall be an independent contractor and that the City sha11 be neither liable nor obligated to pay Contractor sick leave; vacation pay, or any other benefit of employtnent, nor pay any social security or other tax due. Industrial or any other insurance that is purchased for the benefit of the City, regazdless of whether 'such may provide a secondary or incidental' benefit to the Confra.ctor, shall nof be - deemed to.convert this Agreement to an employrnent contract. It is recognized that Contractor may or will be performing professional services during the Term for other parties; pmvided; . 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 Conhactor 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, resuldng froin, 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 Gontractor's breech of this Agreement. Contractor waives any immunity that may be' 2 ~ ` granted to it under the Washington State Industrial Insurance Act, Tit1e 51 RCW. Contractor's indemnification-shall not,be limited in any way by any limitation on the - arnount 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 CitYIndemnification. . The City agrees to indemnify, defend and hold the = Contwtor; its offieers; directors, sharehoTders, partners;,employees, and agents-kiarnless from any and all claims, demands, losses, actions and liabilities (including costs aad attorney fees) to or by any and a11 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 termixiation. 9. EqualQpportunity E-mplover In all Contractor seryices, prograzns or activities, and a11 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 orienta.tion, age (except minimum age and retirement provisions),•race; color, creed, na.tional' 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 sha11 apply, but not be limited fo the followirig: employment, advertising, layoff or termination, rates of pay or other forms ofcompensation, and selection for;training, including apprenticeship. Contractor shall not violate any of the terms of Chapter 44.60 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 furttier City agreements. 10. Confidentialitv 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 sha11 procure and mainta.in for the duration of the Agreement, insurance against clairizs for injuries to persons or damage to property, which may arise from or in corinection 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 luruts of liability not less than $1,000,000 per occurrence, $2,000,000 general aggregate. 11.3 Errors & Omissions Insurance with lunits 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 endoisement from the insurance provider. Contractor sha11 provide certificates of insurance, concurrent with the execution of this Agreement, evidencing such coverage and, at the City's request, furnish the City witfi copies'of all insurance policies and with eyidence 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 daxe this Agreement is actually terminated. Contractor's failure to maintain such insurance policies sha11 be grounds for _ the City's immediate termination of this Agreement. ~ The provisions of this Section sha11 survive the expiration or termination of this Agreement with respect to any evenf 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 sha11 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 a11 direct and indirect costs related fo the performance of the Services and maintain such accounting procedures and practices as may :be deemed necessary by tlie Gity to assure proper accounting of all funds paid pursuant to this Agreement. These records sha11 be subject, at all reasonable times, to inspection; review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 14. Non-Appropriation of Funds 4 . . ' e If sufficient funds are not appropriated.or allocated for payment under tliis Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurled after the end of the current fiscal period, and this Agreement, will terminate upon the . . completion of a11 remaining Services for`which funds: are allocated. No penalty or expense shall accrue to the City in the event this provision applies. - 15. Gederal Provisions 15.1 Entire A,.greement. This Agreement contains all_ of the agreements ofthe 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 inodified except by written agreement signed by the Parties. 15.3 Full Force and Effect Any provision of this Agreement tha.t is declared invalid or illegal shall in no way affect or invalidate any other provision hereof and such otlier Provisions sha11 remain in full force and effect. . 15.4 Ass gnm e Contractor nor the Cit}' shall have the right to ~ i ent. Neither th _ g ht s hereu n d e r tra n s f e r o r a s s i g n, in w h o l e o r i n, p a r t, a n y o r a 1 1 o f rt s o bligt ions an d ria 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 inferest, 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 sha11 pay a11 attomey fees, costs and expenses. The venue for any dispute related to tlus 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 Goveming Law. This Agreement shall be made in and sha11 be govemed by and interpreted in accordance with the laws of the State of Washington. . 15.9 Authori . Each individual executing this Agreement on behalf of the City , and Contxactor represents and warrants that such individuals aze 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 forth below. Any notice so posted in the United Sta.tes mail, shall be deemed received three (3) days after the date of mailing. 15.11 Captions. 1`he respective cteptions of tfie Sections of this Agreement are. inserted for convenience of reference only and sha11 not be deemed to modify or otherwise affect any of the provisions of this Agreement. " 15.12 Performance. Time is of the essence of ttus Agreement and each and all of its provisions in which performance is a factor. Adherence to coaipletion daxes set forth in the description of the Services is essential to the Contra.ctor's performance of tlus . Agreement. 15.13 Remedies Cumulative. Any remedies provided for under the terms of this ' Agreement are not intended to be exclusive, but sha11 be cumulative with all other remedies available to the City at.law, in equity or by statute. 15.14 Counterparts. This Agreement ma.y be executed in any number of counterparts, which counterparts shall collectively constitute the entire Agreement. DATED on the day of , 20 CITY OF AUBURN -B . Y;. Peter B: L.. ewis; Mayor Mark Vinson, President , . 25 West 1Vlain Sireet Olympic Security, Inc. Aubum, WA 98001 ATTEST: Dani Daskam, City Clerk APPROVED AS TO FORM: Dan Heid, City Attorney 6 i ♦ [inamauai Notary] STATE OF WASHINGTON ) ss. COUNTY OF ) On this day personally appeared before me, , to me lnown to be the individual doscribed in and who executed the foregoing instrument, and an oath sworeac,- : that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of , 2010 (typed/printed name of notary) Notary Public in and for the State of Washington My commission expires [Corporate Notary] , STATE OF WASHINGTON ) ) ss. County of ) On this day personally appeared before me , to me known to be the o f , that executed tfie 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 corpora.tion. GIVEN my hand and official seal this day of 92010 , (typedlprinted name of notary) Notary Public in and for the State of Washington My commission expires 7 PROFESSIONAL SERVICES AGREEMENT ~ FOR GOURT SECURITY SERVICES EXHIBIT A . SERVICES: - . The Contractor shall pmvide a Court Security Officer to the Auburn Court. The Auburn Court has an existing magnetometer and hand wand for use in screening a11 individuals entering the Court. The Contractor shall ensure that all officers assigaed 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 publia areas of the Court and Probation offices through the metal detector; • Screen all individuals for weapons when they enter the Courtroom and Pmbation 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; • Operaxe and maintain security equipment (i.e.; walkthrough magnetometer and hand wand); • Maintain order and decorum to ensure the judicial pmcess; • 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 familiaz with emergency evacuation mutes, • Be familiaz with the location of fire extinguishers, first aid kits, fire alann pu11 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 . OLYMPIG SECURITY SERVICES, INC. EXMIT B 3TCOMPENSATION: . 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 :an.d a half for time exceeding eight hours in a day; Twenty . eight dollars and fifty. cents per hour.($28.50 per hour). -9