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HomeMy WebLinkAboutCOW 2006-05-22 Item 4D - Agreement - Court Security with Secuirtas Security COUNCIL AGENDA SYNOPSIS p 1 1 Tritia/t IT&wNo. E Vi 1 1 Mzelir,,2 Date 1 Pretiared at y T .11v�,r' r •r Gx:atresre N'•• i e.' 1 05/22/06 1 kaw /ab 1 �i �i 1.1,4k 1908 I 1 I 1 I 1 1 1 I ITEM INFORMATION I CAS NUMBER: 06-062 I ORIGINAL AGENDA DATE: 5/22/06 AGENDA ITEM TITLE Contract with Securitas Security services for court CATEGORY Discussion Motion Volution Ordinance Bid Award Pub& Hearing 0 Other 1Ug Date 5/22/06 :lftg Date 6/5/06 Aftg Date AftgDate Mtg Date MUg Date 3ftg Date I SPONSOR Conncil Major Adm Svcs DCD Finance Fire Legal Petit Police PIV SPONSOR'S Approval of contract renewal for Securitas SUMMARY REVIEWED BY COW Nftg. CA &P Cmte ®5 &S Cmte Transportation Cmte p Utilities Cmte Arts Comm Parks Comm. Planning Comm. DATE: 5/15/06 RECOMMENDATIONS: SPONSOR /ADAMS. Approve and forward to Regular Meeting COMMITTEE Forward to Committee of the Whole and Regular Meeting for approval COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGE APPROPRIATION REQUIRED Snot to exceed $45,000 2006 $45,000 Fund Source: COURT SECURITY 523.300.41.04 Comments: MTG. DATE I RECORD OF COUNCIL ACTION 1 5/22/06 1 I MTG. DATE I ATTACHMENTS 5/22/06 Information memo dated 5/11/06 from Judge Walden to F&S Cmte Copy of Securitas Contract i 1 Finance and Safety Minutes dated 5/15/06 1 Tukwila Municipal Court 6200 Southcenter Boulevard Tukwila, Washington 98188-2599 206-433-1840 . Fax: 206-433-7160 . E-mail: http://l'lww.tuk.l'la.gov/court v,,-"'i_Q,. '1.J~, -"~~~:::;: ..;;g0 i~~\ ~. :: -=- .:.:. ~ ~{~S' ~o>~/" Kimberly A. Walden Presiding Judge LaTricia R. Kinlaw Court Administrator From. Finance & Safety Committee Judge Kimberly A. walden-fSfj May 11, 2006 To' Date: Subject: Court Security Services Contract Renewal with Cost of Living Addendum Issue: Securitas Security provides continuous daily security services for Tukwila Municipal Court. Their services were contracted in May of 2005 and the contract expired December 31, 2005. The expiration of the contract was brought to our attention when we received the attached contract addendum from Securitas requesting a cost of living adjustment. The court administrator, LaTricia Kin/ow, contacted Securitas immediately. The Securitas Branch Manager will forward a current contract to the City by May 12th Backaround: The contract between the City of Tukwila and Securitas came about when the court and police departments determined they lacked necessary resources to screen individuals seeking entry into the court are for unlawful weapons, items that may be used as a weapon, and contraband. After receiving three bids for service, and determining the proposal submitted by Securitas met the needs of our organization, the City entered into this agreement. Over the past year, Securitas has provided exceptional service to our organization. The primary security officer, Richard Eastwood, is here on a regular basis and is a great asset to the court team. Recommendation: Because Securitas has met the stipulations of the previous agreement, and the court is pleased with the service provided by Securitas, it is the court's recommendation the contract be approved as long is it keeps with the specifications of the previous agreement with the minor change in costs due to the cost of living increase. The court budget can accommodate the associated costs. ~2-06-'06 B6 16 F~1- T-829 P02/07 U-836 COntract No. CONTRACT FOR SERVICES This Agr."mont is entered into by and be"v",," lhe City of Tukwila, Washington, a non-charter optional municipal code city hereinafter reftrred to as "the City", and SECURITAS SECURITY SERVICES USA, Inc , hereinafter refe.'Ted to as "the Contractor", whose principal oftice is !cc~t<<J at BeJlevne, Washington. WHEREAS, tho City has determined the ne"d to have certain servic.os pcrfomlod for its citizens but does not have the personnel or expertise to perform such service,; and WfiEREAS, the City desires to have the Contractor perlOW such selYices oursuant to certain terms and conditions; now, therefore, . IN CONSlDERA TION OF tho mutual bonefits and conditions hereinafter contained, the parties bereto agree as foHows: 1. Sco 0 and cbedulo of Services to be Perfornted bv Contractor The Contractor shall perform those servie<;s describ" on Exhibit A att<:ched hereto and incorporated herein by Ihis reference as if fully set forth. ' In performing such servires, the Contractor shaH at aH times comply with aI1l'ederal, State, and local statutes, rules and ordinances applicable to the p~rfonnance of sucb service."S and the handling of any funds u.e<! in connection therewith. The Contractor shaH request and obtain prior written approval from the City iflbe scope Or schedule is to be modi lIed in an)' way 2. Comoensation and Method of 'paYment. The Cil)' shall pay the Contractor for services rendered acoording to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this rderence. YDe total amount to be paid shan not exceed S 45,000.00. 3. Contractor Bnde.t. The Contractor shall apply the funds re<:elved nnder this Agreement within the maximum limits s<>t forth in Ihis Agreement. The Contractor shall re<\ue~t prior approval from me City wheneyer the Contractor desires to amend its budget in any way 4, Dnration of A""eement. This Agreement shan be in fun force and effect for a period commencing _Jl.lay 26, 2006_ and ending December 31, 2006 unles~ SOOner terminated under the provisions hereinaila specified. 5. Independent Contra.tor, Cont=tor and City agree that Contractor is an independent contractor with re.sp..."Ct to the servi= provided pursuant (O this Agreement. Nothing in this Agreement shaH be oonsidcre<! to create the relationship of employer and employee between the pmies herolo. Neither Contractor nC>r any employee of Contractor shall be emitl<<J to any benefits acrorded City employees by virtue of the services provided under this Agreement. The City shan not be rosp<:>osibJe fOr wil\iliolding Or otherwise deducting federeI Income tax or social security or contribUting to the State Industrial Insurance Program, or otherwise assuming thc duties of an employer with respect to the Ccntrac!or, or any omployeo of the Contractor. 6, Indemnification. The COntraCtOr shall indemnify, defend and hold harmless the City, its offic:eN, agents and employees, rrom Md against any and all c/mms, losses or liability, including attorney's f=, arising from injury or de1Uh to persons or damage to property occasioned by any act, omission or failure of the Contractor, its officers, agents and employees, in performing the work required by this ~ment With respect to the performance of this Agreement and as to claims against the City, its office;>, agents and employees, the Contracror expressly waives its immunity \D1derTitle 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provide<! for in this paragraph extends to any claim brought by or on behalf of any omployee of the Cont",ctor. This waiver is mutually negotiated by the parties. This paragraph shall nOI apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extel1t an)' of the damages referenced by this paragraph Wcre C<!use<l by Or resulted from the COncurrent negligence of the City, its agents or employe^", this obligation to indemnify, d.f.nd and hold hannless is valid and enfol'Ce3b!e only to lhe extent of the negligence of the Contractor, its officers. agents, and employ=. 7. Record K.eQin" and Report\ne', A. The Contractor shall maintain accounts and records, including personnel, property, financial and pmgrammatic =ortis which sufficiently and properly reflect all direct and indirect costs of any nature expended and services p"rfonned in the p"rformance of this Agreemenr and other such records as may be deeme<l ne=sary by the City to ensure the performance of this Agreement. B. These r<C<Jrds shaIl be maintained for a p"riod of seve>} (7) years after termination htrcof uniess permission to destroy them is granted by the offire of the archivist in acrordancewirh RCW Chapter 40.t4 and by the City 02-06-'06 06 16 FFOCX1- T-829 P03/07 U-836 8. Audits aDd IDsp~tions. The records and docum~nts \I;"ith respcc.t to all matt~rs covc-rcd b)" this Agreeme-nt shall M. subject at all times to insp-cction, review Or audit by law during the perfonnenc<: OfIhis Agreemenr. 9. Termination. This Agreement may at any time be tem1inated by the City giving to the Contractor thirty (30) days \\Tittcn notico of the City's intention to ttrrninatc th~ same. Failure to provido products on schcdut~ ma)' ft.sult in cvntract tcnnmatic>n. 10. Discrimination Prohibited. The Contractor shall not discriminate againsI an)' employee, applicant for emplo}menr, or any person seeking the services of ule Contractor to b~ provided uncer this AgreemenI on the basis of race, color, religion, creed, sex, age, national origin, mariraJ st1\!Us or presence of any sonsOiy, montal Dr physical handicap. 11. Assienment and SUbcoDITact. The Contractor shall nOI assign Or subcontract any portion of the servic<s COnt<rnplated by Ihis AgreemenI withoUI Ihe writIen COnsent ofthe City 12. Entire A!!reement. This Agreement wntains the enlire i\greement between !be parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement. shall be d.emed to exist or bind any of the parties hereto. Ellher part)' ma)' request chang..s in th~ agreement. Propo~M changes which are mutually agreM Upon shall be incorporatcd by Mitten amendments to this Agreemenr. 13. No/iw. Norices to the City ofTukwHa shall be s.nt to the foUowing address: City Clerk City ofThkwila 6200 South center Blvd. TukwiJa, Washington 98188 Wotices to the Contractor shall be sent to the address provided by the COntractor upon toe signature line below 14. AnuIicabl. Law; Venue: Attornev', };"ees. This Agreement ,hall be governed by and conSIl'Ued in acwrdance witlJ the laws of the Stato of Washington. In the event any suit, arbitration, or other proceeding is in,tituted to enforce any te-rm of this Agreemen~ the parties specific;Uly understand and agrc" that venue shaH be properly laid in King County, Washington. The prevailing pari}' in any' such action shoJI be entitle" ro its alTOmey's fl>>s and costs of suit. DATED this day of ,20_ CITY OF TUKWILA Mayor, Steven M. Mullet CONTRi\.CTOR: Securitas Securit)' SeNlces _ BY:~ Title: A Vice- dent ATI'ESTIA UJRENTICA TED: Print<d Narr~; Georg. Stbo,ftor Jane E. Cantu, CiviC, City Clerk ADDRESS:12600 Se 38'" Street. Suite 205 BeUe''IIe, W ^ 98006 42~S3-1454 APPROVED AS TO FORM: Office ofthc City Att<Jmey BY 02-06-'06 06 17 FRrn1- T-829 P04/07 U-836 f=y.u it;;iT It ATTACHMENT 'A' l-ScoDe of Services to be Performed bv Contractor. The Contractor will provide a qualified, trained individual to perform Security Services to the Tukwila Municipal Court, This individual will be referred to as the Security Officer on Duty The Contractor assures that each Security Officer sent to the Tukwila Municipal Court to perform security services is free of felony pending charges or convictions, gross misdemeanor pending charges or convictions, diagnosed mental illness, registered sex offender or has personal ties with any "Gang' or groUp that participates in or promotes crimes against persons. The Contractor assures that se~urity services will not be inteITUpted due to illness, absenteeism, unexplainable unavailability, vacation, layoff or termination of the Contractor designated &curity Officer. The Security Officer on Duty will provide security services Monday through Friday/8:30 to 4:30 (16:30 ills). The Security Oft1cer on Duty will be responsible for searching persons and the belongings of the persons seeking to gain entrance to aU areas of the TukwiIa Municipal Court. The Security Officer on Duty will not detain nor use force in the search of any person attempting to pass through hislher the security checkpoint. The Security Officer on Duty will deny any individual entrance to all areas of the TukwUa Municipal Court if that individual is found to possess any of the follo\\~ng: Guns Knives of any size Box Cutters-Utility Knives-Xacto Knives-RazorbIades Pepper spray-Mace Drugs- Marijuana, Cocaine, Mefuamphetarnines, Heroin or any non-prescription Medication Drug Paraphernalia-syringes, pipes ete Brass knuckles or any device or implement capable of doing bodily harm The Security Officer on Duty will not confiscate any of the above listed contraband. The Security Officer on Duty will deny any individual entrance to all areas of the Tukwila Municipal Court that appears or is determined to be: Under the Influence of alcohol Under the influence of drugs Combative Disorderly Suggests bodily harm to another individual Perceives to be stalking another individual 1 02-06-'06 06 17 F~1- T-829 P05!07 U-836 2- Schedule of Services and Duties to be Perfonned bv Contractor. The shift for the Security Officer on Duty will be: Monday through Friday 8:30 to 4:30 (16:30brs). A 'working lunch' will be taken from 12:0Opm to 12:3Opm. The Security Officer on Duty will notifY Court Staffwhen relief breaks are needed. The security checlqJQintwilI be closed for the duration of the break. The Security Officer on Duty will grant Court accegs to all Law Enforcement and Court and City Personnel possessing visible identification. These individuals will not be searched Of wanded. The Security Officer on Duty will notifY Court Staff of parcel and legal messenger deliveries. The Security Oft1cer on Duty will perform a general area security sweep of the lobby and courtroom prior to admitting the public into any court area. Court area includes the lobby, courtroom, hallway to the Court Clerks office, Probation Officer's office, Administrator's office and Judge's office. The procedures for security search will be performed as follows using courtesy and discretion in looking through personal items: Purses, backpacks, briefcases, diaper bags, sacks etc. are to be placed On the workstation counter and passed to the Security Offic-er by the client. These containers will be searched prior to allowing any individual passage through the Metal Detector Arch. The client will walk into the Metal Detector Archway, turn sideways, then turn forward to pass through. The Security Officer will wand shoes. Any individual claiming to have artificial joints such as hips, knees, spinal rods etc. must produce medical identification prior to being granted admittance into the Tukwila Municipal Court area. The Security Officer on Duty wm keep a Daily Activity Report (DAR) including a daily log of all contraband bonnd and submit the DAR to the Court Administrator at the close of business each day. 3- Euuinment Drovided bv the City of TukwiIa Phone Panic Alarm Cmnera monitoring Security Station Metal Detector Archway Metal Detector Wand Keys for operation of Metal Detwtor Archway Locking Storage Bays (4) Ergonomic Barstool Chair Theatre Stanchions Rubber gloves Plastic containers for pocket contents and loose items 2 chairs for shoe removal Limited access trash container 2 02-06-'06 06 17 FRQ~- T-829 PG6/07 U-836 4- Uniform and Presentation of Contractor The S.x:urity Officer is to appear in full dress uniform with a tie. The Security Officer on Duty is to conduct themselves In a professional and courteous manner The Security Officer will not fraternize with the public. The Security Oft1cer will not provide legal advice. 5- City Resuonsibillties The City ofTukwila personnel will be responsible for the locking and unlocking of aU entrance doors. The Municipal Court staff ,viii be responsible for dropping off, retrieving and opening mail. The Municipal Court staffwill acc-ept package deliveries and messenger deJiveries. The City ofTuJm.ila personnel will be responsible for turning off lights. ~ " 02-06-'06 06 18 FROM- T-829 P07!Z7 U-836 f'?- Ui~iT '6 ~ ADDENDUMlAMENDl'vIENTIRENEW AL to SECURITY SERVICES AGREEMEr>.'T SECURITAS SECURITY SERVICES USA, INC, , With the exception of the following changes, all of the terms and conditions of the previously entered into Security Services Agreement remain in full force and effect and are incorporated herein by reference. Security Services Agreement is between Securitas Security Services USA, inc. and The City of 1\Ikwila. Securitas Contract # Service Location: Tukwila Municipal Court 6200 Southcenter Blvd. Tukwila, W A 98188 Servicing Office Location: Securitas Security Services USA, Inc. l2600 38111 Street, Suite 205 Bellevue, W A 98006 Tel. (425) 653-l454 Fa.x: (425) 653.1568 The following rates would be in effect from 5/26/06 to l2l3112006: $11.00 Wage and $16.33 Bill Rate for a new assigned Officer $l2.00 Wage and $l7.8l Bill Rate for an Officer with over l80 Days on site 40 Hours Per Week is the Baseline Schedule Overtime rates will be charged as incurred for all hours in excess of the Baseline Schedule at 1.5 times the Bill Rate. City of Tukv"la Client Secutlta$ Security 5<lrvlCQS USA, Inc. By: c:b-;:r Set.Nc:Y1"0 , TItle: A lif UAs-II \ jQ /..<hM Dale: Cf1../D0 By: Tille: Date: SSA(ADDEN) - (6103) :i} 2003 S~riw S~curit). Stl\i~ US;\, Inc. 2006 2006 Account Number Budget Line Item Appropriation Expenditures Balance as as of 3/31106 of 3/31106 523.300.41.04 Court Security $45,000.00 4,935,34 $40,064.66 Securitas Contract Cost of Living Increase 2006 Cost of Living Increase Budget Impact 2005 Billing Rate I 16.331 $33,966.40 2006 Billing Rate I 17.811 $37,044.80 Projected Increase $3,078.40 Finance and Safety Committee May 15, 2006, Conference Room #3, 5:00pm Minutes Present: Pam Carter, Chair; Jim Haggerton, Vema Griffin Rhonda Berry, Bruce Fletcher, Kimberly Walden, Trish Kinlow, Kevin Fuhrer, Mary Miotke, Chuck Parrish, Shelley O'Keefe ~ Contract with Securitas Security Services for Court: The previous contract for court -/" security expired December 31,2005. The new contract is essentially the same as the previous one, except it incorporates a cost of living increase. The Judge noted that she is very pleased with the company and the security officer that is working here. He has done a great job dealing with the diverse clientele he experiences on a daily basis. The total extra cost comes to $3,000 - which can be absorbed by the Court's budget. Increase would start May 26 of this year. Contract will be identical with just the dollar difference. Memo should be revised to incorporate changes to contract. Forward to COW with unanimous endorsement. Volunteer Coordinator Position: The 2006 budget provides for a 1.0 FTE V olunteerlSpecial Events Coordinator. The V2 FTE Special Events Coordinator has already gone through the selection process, and Bruce announced that Shannon Fisher will fill this position. Now they are ready to move forward with the Volunteer Coordinator position. Bruce has made proposal to Mayor's office to expand this position from Y2 to % time. This would be paid for with salary savings this year - but would require a budget increase in 2007 There was discussion about what this person would accomplish - having a database of all city volunteers, spending significant time recruiting - the committee questioned if a % time person would be enough. What would the fmancial impact be? Bruce said it would probably be $20klyear. The committee noted that the information memo needs to be revised to include the dollar impacts. Forward to COW with unanimous approval. Interlocal Agreement for cooperation in acceptance and use of Department of Justice/Cops More Grant Funds: An interlocal agreement is proposed for cooperation among Valley Cities in acceptance and use of a Department of Justice/Cops More Grant allocation - the funds being earmarked for a regional wi-fi network feasibility study Adam Smith's office was the backer for this as a regional group - thought it would be good for economic development in the valley A selling point is to have wireless available all up and down the valley The first phase will be public safety - second phase for business core - third phase would be public access. The money has been secured; the grant was given; now we need to sign the interlocal. This will not cost the City anything. The monies will not come to us directly - will go to consultants. The monies will pay for work being done by IT reps from various cities and possibly some consultants. Rhonda noted that we have received Cops More dollars in the past, and Mary will find out what we used those monies for and incorporate that into the information memo. Forward to COW with unanimous endorsement of Committee.