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HomeMy WebLinkAboutFS 2014-11-18 Item 2B - Agreement - 2015-2016 Security Services for Municipal Court with Securitas 4.9.;s sy City of Tukwila a ,; o Jim Haggerton, Mayor 11 '''' :;,011i-..'}F 19oa - INFORMATIONAL MEMORANDUM TO: Finance & Safety Committee Mayor Haggerton FROM: Kimberly A. Walden, Presiding Judge BY: LaTricia Kinlow, Court Administrator DATE: November 18, 2014 SUBJECT: Securitas Security Services USA, Inc. Contract ISSUE Securitas Security Services USA, Inc. provides security for the Tukwila Municipal Court. The current agreement expires December 31, 2014. BACKGROUND Securitas Security Services, Inc. has provided security services for the Tukwila Municipal Court since to June 2006. They provide this same service to a number of courts within the state of Washington. Tukwila is pleased with their current level of services. FINANCIAL IMPACT The Tukwila Municipal Court's 2015-2016 budgets includes security services. There are no additional expenses resulting from this new contract outside of what is already included in the upcoming biennial budget. The total amount to be paid shall not exceed $80,020. RECOMMENDATION The Council is being asked to approve the contract at the December 1, 2014 Regular Meeting under the Consent Agenda. ATTACHMENTS Contract for Services — Securitas Security Services USA, Inc. 9 10 City of Tukwila SECURITAS 6200 Southcenter Boulevard Tukwila WA 98188 CONTRACT FOR SERVICES This Agreement is entered into by and between the City of Tukwila,Washington a non-charter optional municipal code city hereinafter referred to as"the City" and Securitas Security Services USA, Inc., a Delaware corporation, hereinafter referred to as"the Contractor",whose office is located at 3633 136th Place SE,Suite 315, Bellevue,WA 98006. WHEREAS,the City has determined the need to have certain security services performed for its citizens but does not have the manpower or expertise to perform such security services;and WHEREAS,the City desires to have the Contractor perform such security services pursuant to certain terms and conditions; now,therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained the parties hereto agree as follows: 1.Scope and Schedule of Services to be Performed by Contractor The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services,the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith.The Contractor shall request and obtain prior written approval from the City if the scope or schedulels to be modified in any way. 2.Compensation and Method of Payment The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $80,020. Contractor may raise its rates on 30 days written notice to account for any increases in: a) health care benefit or insurance costs b) labor or fuel costs c) costs arising from changes to laws regulations or insurance premiums d) SUI or similar taxes or e) any other taxes fees costs or charges related to the services 11 3.Contractor Budget The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement.The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Agreement This Agreement shall be in full force and effect for a period commencing January 1,2015 and ending December 31,2016 unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employee by virtue of the services provided under this Agreement The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program or otherwise assuming the duties of an employer with respect to the Contractor or any employee of the Contractor. 6. Indemnification The Contractor shall defend,indemnify and hold the City,its officers, agents,officials, employees and volunteers harmless from any and all claims, injuries,damages, losses or suits including attorney fees, arising out of or in connection with the 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 hereunder shall be only to the extent of the Contractor's 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 7. Insurance The Contractor shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor their agents representatives employees or subcontractors. Contractor s maintenance of insurance its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance or otherwise limit the City s recourse to any remedy available at law or in equity. 12 A. Minimum Scope of Insurance Contractor shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of 1 000 000 per accident.Automobile liability insurance shall cover all owned, non-owned, hired and leased vehicles.Coverage shall be written on Insurance Services Office ISO form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than 1 000 000 each occurrence, 2,000,000 general aggregate and $2,000,000 products completed operations aggregate limit. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises operations independent contractors products completed operations stop gap liability personal injury and advertising injury and liability assumed under an insured contract.The Commercial General Liability insurance shall be endorsed to provide the Aggregate Endorsement ISO form CG 25 03 11 85 or an equivalent endorsement.The City shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage.Additional insured will only be covered by Contractors insurance for liability assumed by Contractor in this Agreement subject to the terms of Contractor's insurance. 3. Workers'Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Other Insurance Provision The Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City.Any insurance self-insurance or insurance pool coverage maintained by the City shall be excess of the Contractors insurance and shall not contribute with it. C.Acceptability of Insurers Insurance is to be placed with insurers with a current A M Best rating of not less than A:VII D.Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, • evidencing the insurance requirements of the Contractor before commencement of the work. E.Subcontractors The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any,to be obtained by subcontractors,which determination shall be made in accordance with reasonable and prudent business practices F. Notice of Cancellation The Contractor shall endeavor to provide the City and all Additional Insureds for this work with written notice of any policy cancellation within 30 days of their receipt of such notice. 13 G Failure to Maintain Insurance Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Contractor to correct the breach, immediately terminate the contract or at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith,with any sums so expended to be repaid to the City on demand,or at the sole discretion of the City, offset against funds due the Contractor from the City. 8.Record Keeping and Reporting A.The Contractor shall maintain accounts and records, including personnel, property,financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B.These records shall be maintained for a period of seven (7)years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 4014 and by the City. 9.Audits and Inspections The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10.Termination This Agreement may at any time be terminated by either party giving to the other party at least thirty(30) days written notice of its intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractors insurance coverage is canceled for any reason each party shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited The Contractor shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor to be provided under this Agreement on the basis of race,color, religion,creed,sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. 12.Assignment and Subcontract The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13. Entire Agreement; Modification This Agreement,together with attachments or addenda represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. 14. Severability and Survival If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable.The provisions of this Agreement,which by their sense and context are reasonably intended to survive the completion,expiration or cancellation of this Agreement, shall survive termination of this Agreement. 14 15. Notices Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Blvd Tukwila Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16.Applicable Law;Venue;Attorney's Fees This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit,arbitration, or other proceeding is instituted to enforce any term of this Agreement,the parties specifically understand and agree that venue shall be properly laid in King County,Washington.The prevailing party in any such action shall be entitled to its reasonable attorney's fees and costs of suit. 17. US Safety Act Notwithstanding anything to the contrary, in connection with the US Safety Act, each party waives all claims against the other for damages arising from or related to an act of terrorism, and the parties intend for this waiver to flow down to their respective contractors and subcontractors. CITY OF TUKWILA 4\LMayor Attest Authenticated: City Clerk CONTRACT R:R:SECURITAS SECURITY SERVICES USA, INC. Printed Name and Title Ed �,(f 1. AVCA V i° Address 3633 136th Place SE Suite 315 Bellevue WA 98006 Approved as to Form: Office of the City Attorney 15 16 EXHIBIT A SCOPE OF SERVICES:Securitas Court Security Officer The Securitas court security officer shall provide the following services and in accordance with Court Security Officer Manual: 1.The officer shall conduct a security sweep of the court and surrounding area prior to and after shift.Shift hours are daily 8:30 AM to 4:30 PM. 2. Physically screen all persons,with few exceptions, entering the Tukwila Municipal Court.The initial and primary screening method shall be via the metal detector arch.A hand wand metal detector shall be employed after two unsuccessful passes through the arch.The officer shall also physically search all belongings patrons intend to bring into the court area.With proper identification, city employees and law enforcement personnel may bypass the screening process. 3.The officer shall temporarily store prohibited items(excluding firearms).The officer shall inform patrons that they must sure firearms elsewhere as they will not be stored on City property. 4.The officer shall be responsible for calibration and general maintenance of security equipment in accordance. with manufacturer guidelines. 5 The officer shalt be knowledgeable of the laws and rules that govern the security of court facilities and bring attention to the Tukwila police any potential violations.The officer shall also be alert to any disruptive and or unlawful behavior that may require police action. 17 Exhibit B City of Tukwila and Securitas Security Services USA Inc.Contract for Services. Service Location: Tukwila Municipal Court 6200 Southcenter Blvd Tukwila WA 98188 Servicing Office Location: Securitas Security Services USA Inc. 3633 136t PL S E Suite 315 Bellevue WA 98006 Tel: (425) 653-1454 Fax: (425) 653-1568 Unarmed Security Officer,40 $21.34 Per Hour $3698.93 Time and Half on recognized Federal Hour Per Week Holidays The Unarmed Security Officer Rate Includes: • All Federal,State and Local Taxes-Including the WA State B&O Tax. • All Recruitment, background screening, drug testing and hiring costs. • With the passing of the Affordability Care Act effective January 12015, Securitas USA will meet all legal requirements per the new Federal Law to offer our Officers with the best Healthcare plans available.All Officers assigned will be eligible to participate in the Health Care Plan and the current proposal is inclusive of those rates. • Standard Securitas security officer dress • WA State Officer Introductory Training and Licensing. • Daily paperwork regarding activities and incidents will be provided as needed. • All Securitas supervision, management support and operational support. • Branch Manager available 24/7 to discuss security needs or other services 18