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HomeMy WebLinkAboutR.E. Mullinex InvestigationsA- S11U .Q CITY OF AUBURN AGREEMENT FOR SERVICES THIS AGREEMENT made and entered into on this � day of 2015, by and between the City of Auburn, a municipal corporation of the State of W ing on, hereinafter referred to as "City" and R.E. Mullinax Investigations, LLC, hereinafter referred to as the "Contractor." WITNESSETH: WHEREAS, the City is in need of professional services to conduct entry level and lateral police officer candidate background investigations for the City of Aubum; and, WHEREAS, the City desires to retain the Contractor to provide services in connection with the City's hiring of police officers; and, WHEREAS, the Contractor is qualified and able to provide background services in connection with the City's hiring process, 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 Contractor agrees to provide on call entry level and lateral police officer background investigations to include inquiring, investigating and reporting on a candidate's: • Verification of previous employment history, • Professional and character references that would reveal information regarding the candidate's suitability for police employment, • Driving, criminal, and credit history, • Provide a detailed background report in a format approved by the City's Director of Human Resources or his/her designee. The Contractor, on a per case basis, will be given individual task assignments (see Exhibit "A," Sample Task Assignment) for work related to backgrounding candidates. Exhibit "A" is attached hereto by this reference made part of this Agreement. These task assignments will describe the work to be completed, completion dates, and compensation amount. An approved task assignment shall be required between the Contractor and the City prior to commencing any work for any individual task. Independent Contractor The Contractor's services will be furnished by the Contractor as an independent contractor and not as an agent, an employee or a servant of the City. The Contractor specifically has the right to direct and control Contractors own activities in providing the agreed services in accordance with the specifications set out in the Contract. The Contractor acknowledges that the entire compensation for the Contract is set forth in the compensation provisions of the Contract and the Contractor is not entitled to any City Page] of 8 benefits, including, but not limited to: vacation pay; retirement/pension pay; holiday pay; sick leave pay; medical, dental or other insurance benefits; fringe benefits; or any other rights or privileges afforded to City of Auburn employees. The Contractor will have and maintain complete responsibility and control over all of its subcontractors, employees, agents and representatives. No subcontractor, employee, agent or representative of the Contractor will be or be deemed to be, or act or purport to act, as an employee, agent or representative of the City. 3. Compensation. The Contractor shall be paid by the City based upon the fees included for each individual task assignment. These fees will be "not to exceed" lump sum figures based on the Fee Schedule outlined in Exhibit "B" for work performed under this Agreement. Exhibit `B" is attached hereto by this reference made part of this Agreement. Compensation shall include all Consultant expenses including, but not limited to, overhead, profit, and direct non - salary costs and shall not exceed that amount shown on each approved individual task assignment for on -call background services under this contract. The total amount of the Agreement shall not exceed $30,000.00 without further written permission from the City. The Contractor shall submit to the City an invoice 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 Contractor thereafter in the normal course, subject to any conditions or provisions in this Agreement or addendum. 4. Contractor's Representations. The Contractor hereby represents and warrants that it has all necessary licenses and certifications to perform the services provided for herein, and is qualified to perform such services. The Contractor is responsible for the professional quality, technical accuracy, timely completion and the coordination of all studies, analysis, designs, drawings, specifications, reports and other services performed by the Contractor under this Agreement. The Contractor shall, without additional compensation, correct or revise any errors, omissions or other deficiencies in its reports and other services required that are a result of the Contractors negligence. 5. Ownership and Use of Documents. All documents, reports, memoranda, diagrams, sketches, plans, and any other materials created or otherwise prepared by the Contractor as part of his performance of this Agreement (the "Work Products ") shall be owned by and become the property of the City, and may be used by the City for any purpose beneficial to the City. 6. 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 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. Page 2 of 8 7. Continuation of Performance. In the event that any dispute or conflict arises between the parties while this Contract is in effect, the Contractor agrees that, notwithstanding such dispute or conflict, the Contractor shall continue to make a good faith effort to cooperate and continue work toward successful completion of assigned duties and responsibilities. 8. Administration of Agreement. This Agreement shall be administered by Randy Mullinax, on behalf of the Contractor, 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 Auburn Contractor Attn: Rob Roscoe Attn: Randy Mullinax 25 West Main R.E. Mullinax Investigations, LLC Auburn, WA 98001 -4998 P.O. Box 490 (253) 288 -3141 Milton, WA 98354 FAX (253) 288 -4305 (206) 349 -2406 9. 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. 10. Insurance. The Contractor 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 Contractor shall furnish evidence, satisfactory to the City, of all such policies. During the term hereof, the Contractor shall take out and maintain in full force and effect the following insurance policies: • Automobile Liability insurance covering all owned, non - owned, hired and leased vehicles, with a minimum limit of $1,000,000 for bodily injury and $500,000 for property damage per accident. • Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, and personal injury and advertising injury, with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. The CITY shall be included as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the CITY using the applicable ISO Additional Insured endorsement or equivalent. Page 3 of 8 1 1. Indemnification. Contractor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Contractor in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Contractors negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 12. 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 parry hereto. No assignment 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. 13. 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. 14. 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 Contractor if the services provided for herein are no longer needed from the Contractor. If this Agreement is terminated through no fault of the Contractor, the Contractor shall be compensated for services performed prior to termination in accordance with the rate of compensation provided herein. 15. 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 Page 4 of 8 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 contractors, sub- contractors and their sureties. 16. 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. 17. Applicable Law. This Agreement and the rights of the parties hereunder shall be governed by and interpreted in accordance with the laws of the State of Washington and venue for any action hereunder shall be decided by a court of competent jurisdiction in King County, Washington. 18. 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. 19. 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. 20. Entire_ *rem 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. 21. 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. 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 Nancy B cis ayor CONTRACTOR pa 7/v-�t�tvtw Randy Mullinax, Investigate Page 5 of 8 till Attest: Danielle E. Daskam City Clerk Approved as to form: DanicII3. Heid, City Attorney Page 6 of 8 EXHIBIT A CITY OF AUBURN Task Assignment for Applicant Background Investigative Services Consultant: Applicant Name: Anticipated Completion Date: Assignment Date: Type: O Entry Level O Lateral Amount Pavable per this Task Assignment (anything over $700.00 requires explanation): ❑ $700.00 —background investigation ❑ $75.00 — additional expenses for travel outside of King, Pierce, Snohomish, Thurston, Kitsap or Mason Counties ❑ $125.00 — additional expenses for costs associated with overnight travel TOTAL COST: Notes: Applicant Information Home Address: Telephone No: E -mail Address: Approvals Cell No: Human Resources Director (or designee): Name (print): Consultant Background Investigator: Signature: Work No: Date: Name (print): Signature: Date: Page 7 of 8 EXHIBIT B The Consultant and the City shall complete a Task Assignment for each requested background. The Consultant shall be paid seven hundred dollars ($700.00) upon completion and approval of the background investigative report. The Consultant shall receive an additional seventy five dollars ($75.00) for travel expenses on cases requiring the Consultant to travel outside of King, Pierce, Snohomish. Thurston, Kitsap or Mason Counties. Background investigations requiring overnight travel must be identified on the Task Assignment. If approved, the Consultant shall receive an additional one hundred and twenty five dollars ($125.00) for costs associated with overnight travel. No additional fees or expenses will be paid unless prior approval is given by the City of Auhurn and individually listed on the Task Assignment Sheet. Page 8 of 8 Client#: 112157 MULLREIN ACORD- CERTIFICATE OF LIABILITY INSURANCE DATE 7/15 /2IDDIYYYY) nsnols THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Propel Insurance PHONE 800 499 -0933 FAX 866.577.1326 (AIC No Eat): An: No Tacoma Commercial Insurance 1201 Pacific Ave, Suite 1000 E -MAIL ADDRESS: INSURER(S) Insurance COVERAGE NAICA Tacoma, WA 98402 INSURER A: First Mercury Insurance Company 110657 INSURED R E Mullinax Investigations, LLC P O Box 490 Milton, WA 98354 INSURER B PERSONAL 6 ADV INJURY INSURER C INSURER D GENERAL AGGREGATE INSURER E GEN -L AGGREGATE POLICY INSURER F' PRODUCTS - COMPIOPAGG $ COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MISR LTR TYPE OF INSURANCE ADDLSUBR IN R WaD POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDDIYYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILfTY CLAIMS -MADE OCCUR X BI /PD Ded:500 X SECGL000001849003 0106/2014 10106/201t EACHOECCpURRENCE $1000000 PREMISES (EaE rrence $50,000 MED EXP(Any one person) S5,000 PERSONAL 6 ADV INJURY $1,000,000 GENERAL AGGREGATE s2,000,000 GEN -L AGGREGATE POLICY LIMIT APPLIES PER: JEC LOC PRODUCTS - COMPIOPAGG $ $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS NON-0WNED HIRED AUTOS AUTOS COMBINED SINGLE LIMIT Eeeccidenl S BODILY INJURY (Per person) S BODILY INJURY (P., amdenp S PROPERTY DAMAGE Peracpdenl S 5 UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS.MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTIONS 5 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? (Mandatory in NH) II yes, dmcn0e under DESCRIPTION OF OPERATIONS W. NIA WCSTAMU- OE TH- E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE S EL .DISEASE - POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if mom space is required) RE: Operations performed by the named insured City of Auburn is named as additional insured CI of Auburn SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN C/O Rob Roscoe ACCORDANCE WITH THE POLICY PROVISIONS. 25 West Main Auburn, WA 98001 -4998 AUTHORIZED REPRESENTATIVE V 1VtR -ZU1U AUUnU L,UHr'UI(AI IuW. An ngrub reserveM. ACORD 25 (2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD #S1798865IM1798864 TDS00 This page has been left blank intentionally. GEICO GOVERNMENT EMPLOYEES INSURANCE COMPANY WuldnBSaa DC VERI F'ICA'I'ION OF COVERAGE (SEE BELOW UNDER CAUTIONARY :VOTE) INSURED Policy Number: 42 54094636 Effective Date: 07 -18 -15 RANDY EDWARD AND DIANE Expiration Date: 01 -18 -16 FRANCES MLILLINAX Registered State: WASHINGTON 15100 6TH AVE SW To whom it may concern: This letter is to verify that we have issued the policyholder coverage under the above policy number for the dates indicated in the effec- tive and expiration date fields for the vehicle listed. This should serve as proof that the below mentioned vehicle meets or exceeds the financial responsibility requirement for your state. This verification of coverage does not amend, extend or alter the coverage afforded by this policy. Vehicle year: 2014 Make: MINI Model: COOPER VIN: WMWXMSCSXET934158 COVERAGES BODILY INJURY LIABILITY PROPERTY DAMAGE LIABILITY COMPREHENSIVE COLLISION UNDERINSURED MOTORIST UNDERINSURED MOTORIST PROPERTY DAMAGE Lienholder Additional Information: Additional. Insured LIMITS $1MIL /$1MIL $500,000 INSURED REJECTS INSURED REJECTS If you have any additional questions, please call 1- 800 -841 -3000 Interested Party $1,000 DED $1,000 DED CAUTIONARYNOTE: THECURRENTCOVERAGES,L IS,ANDDEDUC IMI,E SUZYDQ T:RFROMTHECOVERAGES, LIMITS ,ANDDEDUCTIBLESLNEFFECTAT OTHER TLMES DURING THE POLICY PERIOD. THIS VF.RDTCATION OF COVERAGE REFLECTS THE COVERAGES, IdMITS AND DEDUCTIRLFS AS OFTHE ISSUED DATE OF TIES DOCUMENT WInCH IS SHOWN UNDER - ADDITIONALLNFORMATION^ OR IEAN ISSUED DATE LS NOT SHOWN, THE DATE, OF TIES FACSUm E. U- 3310-07