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
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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.
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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
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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