HomeMy WebLinkAboutWashington Merchant Patrol CITY OF AUBURN AGREEMENT
FOR AIRPORT SECURITY SERVICES
THIS AGREEMENT made and entered into on this i day of Mt~-t ,
2007 , by and between the City of Auburn, a municipal corporation of the State of Washington,
hereinafter referred to as "City" and Washington Merchant Patrol, hereinafter referred to as the
"Security Service Provider."
WITNESSETH'
WHEREAS, the City is engaged in the operation of its municipal airport, the Auburn
Municipal Airport, and is in need of services of individuals, employees or firms for security
services at said airport; and,
WHEREAS, the City desires to retain the Security Service Provider to provide certain
services in connection with the City's work on said project; and,
WHEREAS, the Security Service Provider is qualified and able to provide security
services in connection with the City's needs for the above-described work/project, and is willing
and agreeable to provide such Services upon the terms and conditions herein contained.
NOW, THEREFORE, the parties hereto agree as follows:
Scope of Services.
The Security Service Provider agrees to perform in a good and professional manner the
following described tasks:
ao
Not less than Four (4) Nightly Patrols at the Aubum Municipal Airport, 400 23rd
Street NE, Auburn, WA 98002. Each such Nightly Patrol shall consist of a patrol
vehicle and an operative of the Security Service Provider driving onto and
through the airport facilities and between the hangars and other structures at the
airport.
bo
If the Security Service Provider, or an agent thereof, discovers illegal or suspected
illegal activity, including crimes against persons or property, or other violations of
the law, at the airport, the Security Service Provider, or an agent thereof, shall call
the police and stand by for police arrival or take other action as directed by the
police relative to the incident. This Agreement does not authorize or empower the
Security Service Provider to investigate the incident, other than to reasonably
detain individuals for the police.
C°
Any contact or incident investigated or warranting a call to the police shall be
detailed in a report submitted by the Security Service Provider, or an agent
thereof, to the police or other appropriate City representative.
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The Security Service Provider, or agents thereof, may be Subpoenaed to court in
connection with cases stemming from such incidents or investigations, in which
case, the Security Service Provider, or agent thereof, shall appear for and be
available to testify in court and meet with legal counsel and other representatives
of the City in connection therewith.
The Security Service Provider, or agents thereof, shall be authorized, as an agent
of the City, to issue trespass warnings, provided that any violations of the trespass
laws/warnings shall be directed to the police or the City Attorney's office for
prosecution.
The Security Service Provider, or agents thereof, as an agent of the City, shall
enforce applicable parking laws at the airport, and shall further enforce vehicle
impound laws on airport property. The Security Service Provider in authorized
and empowered to take reasonable steps in furtherance of such enforcement.
The Security Service Provider also agrees to perform in a good and professional manner
the tasks described on Exhibit "A" attached hereto and incorporated herein by this
reference. The Security Service Provider shall perform the services as an independent
Security Service Provider and shall not be deemed, by virtue of this Agreement and the
performance thereof, to have entered into any partnership, joint venture, employment or
other relationship with the City.
Additional Services.
From time to time hereafter, the 'parties hereto may agree to the performance by the
Security Service Provider of additional services with respect to related work or projects.
Any such agreement(s) shall be set forth in writing and shall be executed by the
respective parties prior to the Security Service Provider's performance of the services
there under, except as may be provided to the contrary in Section 3 of this Agreement.
Upon proper completion and execution of an addendum (agreement for additional
services), such addendum shall be incorporated into this Agreement and shall have the
same force and effect as if the terms of such addendum were a part of this Agreement as
originally executed. The performance of services pursuant to an addendum shall be
subject to the terms and conditions of this Agreement except where the addendum
provides to the contrary, in which case the terms and conditions of any such addendum
shall control. In all other respects, any addendum shall supplement and be construed in
accordance with the terms and conditions of this Agreement.
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Performance of Additional Services Prior to Execution of an Addendum.
The parties hereby agree that situations may arise in which services other than those
described in Paragraph 1, above, and on Exhibit "A" are desired by the City and the time
period for the completion of such services makes the execution of addendum impractical
prior to the commencement of the Security Service Provider's performance of the
requested services. The Security Service Provider hereby agrees that it shall perform
such services upon the oral request of an authorized representative of the City pending
execution of an addendum, at a 'rate of compensation to be agreed to in connection
therewith. The invoice procedure for any such additional services shall be as described in
Section 7 of this Agreement.
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Security Service Provider's Representations.
The Security Service Provider hereby represents and warrants that he has all necessary
licenses and certifications to perform the services provided for herein, and is qualified to
perform such services.
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City's Responsibilities.
The City shall do the following in a timely manner so as not to delay the services of the
Security Service Provider:
a. Designate in writing a person to act as the City's representative with respect to the
services. The City's designee shall have complete authority to transmit
instructions, receive information, interpret and define the City's policies and
decisions with respect to the services.
b. Furnish the Security Service Provider with all information, criteria, objectives,
schedules and standards for the project and the services provided for herein.
c. Arrange for access to the property or facilities as required for the Security Service
Provider to perform the services provided for herein.
d. Examine and evaluate all studies, reports, memoranda, plans, sketches, and other
documents prepared by the Security Service Provider and render decisions
regarding such documents in a timely manner to prevent delay of the services.
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Acceptable Standards.
The Security Service Provider shall be responsible to provide, in connection with the
services contemplated in this Agreement, work product and services of a quality and
professional standard acceptable to the City.
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Compensation.
As compensation for the Security Service Provider's performance of the services
provided for herein, the City shall pay the Security Service Provider the sum of Six
Hundred Fifty Dollars ($650.00) per month, for the level of service identified in
Paragraph 1, hereinabove. Provided that the City reserves the right to modify the level of
service at any time, with reasonable notice to the Security Service Provider, of any option
set forth in Exhibit "B" attached hereto and made a part hereof (or as specified in an
addendum), with compensation likewise adjusted. The Security Service Provider shall
submit to the City an invoice or statement of time spent on tasks included in the scope of
work provided herein, and the City shall process the invoice or statement in the next
billing/claim cycle following receipt of the invoice or statement, and shall remit payment
to the Security Service Provider thereafter in the normal course, subject to any conditions
or provisions in this Agreement or addendum.
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Term of Agreement.
The Term of this Agreement shall commence on the date hereof or on the 1 st day of May,
2003, and shall terminate in accordance with the provisions of article 18 of this
Agreement.
Records Inspection and Audit.
All compensation payments shall be subject to the adjustments for any amounts found
upon audit or otherwise to have been improperly invoiced, and all records and books of
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10.
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accounts pertaining to any work performed under this Agreement shall be subject to
inspection and audit by the City for a period of up to three (3) years from the final
payment for work performed under this Agreement.
Continuation of Performance.
In the event that any dispute or conflict arises between the parties while this Contract is in
effect, the Security Service Provider agrees that, notwithstanding such dispute or conflict,
the Security Service Provider shall continue to make a good faith effort to cooperate and
continue work toward successful completion of assigned duties and responsibilities.
Administration of Agreement.
This Agreement shall be administered by Curtis Lee, on behalf of the Security Service
Provider, and by the Mayor of the City, or designee, on behalf of the City. Any written
notices required by the terms of this Agreement shall be served on or mailed to the
following addresses:
City of Aubum
Aubum City Hall
25 West Main
Auburn, WA 98001-4998
(253) 931-3000 FAX (253) 931-3053(253)
Security Service Provider
Washington Merchant Patrol
P.O. Box 23009
Federal Way, WA 98093-0009
661-1565 FAX (253) 661-1497
Notices.
All notices or communications permitted or required to be given under this Agreement
shall be in writing and shall be deemed to have been duly given if delivered in person or
deposited in the United States mail, postage prepaid, for mailing by certified mail, return
receipt requested, and addressed, if to a party of this Agreement, to the address for the
party set forth above, or if to a person not a party to this Agreement, to the address
designated by a party to this Agreement in the foregoing manner.
Any party may change his, her or its address by giving notice in writing, stating his, her
or its new address, to any other party, all pursuant to the procedure set forth in this
section of the Agreement.
Insurance.
The Security Service Provider shall be responsible for maintaining, during the term of
this Agreement and at its sole cost and expense, the types of insurance coverages and in
the amounts described below. The Security Service Provider shall furnish evidence,
satisfactory to the City, of all such policies. During the term hereof, the Security Service
Provider shall take out and maintain in full force and effect the following insurance
policies:
Comprehensive public liability insurance, including automobile and property damage,
insuring the City and the Security Service Provider against loss or liability for
damages for personal injury, death or property damage arising out of or in connection
with the performance by the Security Service Provider of its obligations hereunder,
with minimum liability limits of $2,000,000.00 combined single limit for personal
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15.
16.
17.
18.
injury, death or property damage in any one occurrence for general liability, and
minimum liability limits of $1,000,000.00 for automobile liability.
b. Such workmen's compensation and other similar insurance as may be required by
law.
Indemnification.
The Security Service Provider shall indemnify and hold harmless the City and its officers,
agents and employees, or any of them from any and all claims, actions, suits, liability,
loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising
out of the negligent act or omission of the Security Service Provider, its officers, agents,
employees, or any of them relating to or arising out of the performance of this
Agreement. If a final judgment is rendered against the City, its officers, agents,
employees and/or any of them, or jointly against the City and the Security Service
Provider and their respective officers, agents and employees, or any of them, the Security
Service Provider shall satisfy the same to the extent that such judgment was due to the
Security Service Provider's negligent acts or omissions.
Assignment.
Neither party to this Agreement shall assign any right or obligation hereunder in whole or
in part, without the prior written consent of the other party hereto. No assigmnent or
transfer of any interest under this Agreement shall be deemed to release the assignor from
any liability or obligation under this Agreement, or to cause any such liability or
obligation to be reduced to a secondary liability or obligation.
Amendment, Modification or Waiver.
No amendment, modification or waiver of any condition, provision or term of this
Agreement shall be valid or of any effect unless made in writing, signed by the party or
parties to be bound, or such party's or parties' duly authorized representative(s) and
specifying with particularity the nature and extent of such amendment, modification or
waiver. Any waiver by any party of any default of the other party shall not effect or
impair any right arising from any subsequent default.
Nothing herein shall limit the remedies or rights of the parties hereto under and pursuant
to this Agreement.
Termination and Suspension.
Either party may terminate this Agreement upon written notice to the other party if the
other party fails substantially to perform in accordance with the terms of this Agreement
through no fault of the party terminating the Agreement. The City may terminate this
Agreement upon not less than seven (7) days written notice to the Security Service
Provider if the services provided for herein are no longer needed from the Security
Service Provider.
If this Agreement is terminated through no fault of the Security Service Provider, the
Security Service Provider shall be compensated for services performed prior to
termination in accordance with the rate of compensation provided in Exhibit "B" hereof.
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19.
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Parties in Interest.
This Agreement shall be binding upon, and the benefits and obligations provided for
herein shall inure to and bind, the parties hereto and their respective successors and
assigns, provided that this section shall not be deemed to permit any transfer or
assignment otherwise prohibited by this Agreement. This Agreement is for the exclusive
benefit of the parties hereto and it does not create a contractual relationship with or exist
for the benefit of any third party, including Security Service Providers, sub-Security
Service Providers and their sureties.
Costs to Prevailing Party.
In the event of such litigation or other legal action, to enforce any rights, responsibilities
or obligations under this Agreement, the prevailing parties shall be entitled to receive its
reasonable costs and attorney's fees.
Applicable Law.
This Agreement and the rights of the parties hereunder shall be governed by the
interpreted in accordance with the laws of the State of Washington and venue for any
action hereunder shall be in of the county in Washington State in which the property or
project is located, and if not site specific, then in King County, Washington; provided,
however, that it is agreed and understood that any applicable statute of limitation shall
commence no later than the substantial completion by the Security Service Provider of
the services.
Captions, Headings and Titles.
All captions, headings or titles in the paragraphs or sections of this Agreement are
inserted for convenience of reference only and shall not constitute a part of this
Agreement or act as a limitation of the scope of the particular paragraph or sections to
which they apply. As used herein, where appropriate, the singular shall include the plural
and vice versa and masculine, feminine and neuter expressions shall be interchangeable.
Interpretation or construction of this Agreement shall not be affected by any
determination as to who is the drafter of this Agreement, this Agreement having been
drafted by mutual agreement of the parties.
Severable Provisions.
Each provision of this Agreement is intended to be severable. If any provision hereof is
illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect
the validity of the remainder of this Agreement.
Entire Agreement.
This Agreement contains the entire understanding of the parties hereto in respect to the
transactions contemplated hereby and supersedes all prior agreements and understandings
between the parties with respect to such subject matter.
Counterparts.
This Agreement may be executed in multiple counterparts, each of which shall be one
and the same Agreement and shall become effective when one or more counterparts have
been signed by each of the parties and delivered to the other party.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
effective the day and year first set forth above.
CITY OF AUBURN
Attest:
WASHINGTON MERCHANT PATROL
Security Service Provider
Name:
Title:
Name:
Title:
Danielle Daskam City Clerk
d,~C~ity Att°~Y
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THE
EXHIBIT "A"
OBJECTIVES/DUTIES
SECURITY SERVICE PROVIDER SHALL:
· Assist the City with airport security related issues and concems by tailoring our product
and services to meet their needs and budgets.
· Provide routine patrol of the airport facilities, in accordance with a schedule agreed to by
the City.
· Provide the City with written daily documentation of activities and incidents that occur at
or connected to the airport.
· Notify the police, medical, and or fire department in a 911 emergency response.
· Provide highly visible and "pro-active" security presence to deter any criminal activity
· Perform lock-ups as required.
· Respond to airport related calls, and efficiently and affectively handle any situation that
arises in a professional manner.
· Approach and questioning of possible suspects and pending circumstances, ensuring the
identification of the individual(s) involved.
· Be available for contact by residents for, suspicious persons or circumstances, or whenever
extra assistance is needed.
· Provided a complimentary phone number, which will access the security staff on duty.
· Issue criminal trespass admonishment to individuals who do not belong on the property
grounds.
· Enforce all rules and regulations.
· Conduct lighting and safety checks.
· Security officers of the Security Service Provider shall carry communication equipment at
all times in the performance of their duties.
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EXHIBIT "B"
PROGRAM OPTIONS
On-site program- option 1
To have one of our fully uniformed Security Officer's patrol the property for a preset amount of
hours would cost $18.00 per hour.
Vehicle patrol program- option 2
To have one of our fully uniformed Security Officer to patrol the grounds three times a night,
seven days a week will cost $625.00 a month.
Vehicle patrol program - option 3
To have one of our fully uniformed Security Officer to patrol the grounds four times a night,
seven days a week will cost $650.00 a month.
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