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HomeMy WebLinkAboutCOW 2005-05-23 Item 4B - Contract - Court Security with Securitas Security for $45,000 COUNCIL AGENDA SYNOPSIS y Izrtttals ITEM No. 0 41.„t, O t o 1 tl�leetinQ Date 1 Prepared by 1 Mayor's review 1 Council review 1 f a =O e t. e t. 2 05 -23 -05 1 KAL I 1 7908 ,1 1 I 3 ITEM INFORMATION CAS NUMBER. 05-079 I ORIGINAL AGENDA DATE. 05 -23 -05 AGENDA ITEM TITLE Contract for Court Security Services CATEGORY Discussion Motion Resolution Ordinance BidArvard Public Heanng Other rlltg Date 05 Mtg Date Mtg Date llitg Date Mtg Date 11Itg Date ilftg Date SPONSOR Council Mayor Adm Svcs D D El Fire El Legal Pe'2R X Court PIV SPONSOR'S This proposed contract (with Securitas Court Security Services USA) will provide a Court SUMMARY Security Officer to the Municipal Court. Primary responsibilities of the officer shall be to screen individuals' entry into the court area through use of of a metal detector arch, hand wands and visual inspections. The proposed work schedule is 8:30 a.m. to 4:00 p.m., Monday Friday. REVIEWED BY COW Ivltg CA &P Cmte F &S Cmte 1 !Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE. February 7, 2005 RECOMMENDATIONS: SPONSOR /ADMIN Authorize Mayor to sign the contract as presented. CoMMrrrEE Forward to Committee of Whole for discussion. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Not to exceed $45,000.00 in 2005. Fund Source 000.09.512.500.40.00 Comments MTG. DATE 1 RECORD OF COUNCIL ACTION 1 05 -23 -05 Committee of Whole: 1 1 MTG. DATE ATTACHMENTS 05 -23 -05 Staff memorandum from Judge Walden to Mayor Mullet dated 05 -18 -05 Municipal Court Court Security Officer Manual Proposed Contract for Services with Securitas Security Services USA, Inc. Proposed Scope of Services Minutes Finance and Safety Committee February 7, 2005 1 INFORlVIATION MEMO To: Mayor Mullet From: Judge Kimberly A. Walden Date: May 18, 2005 Subject: Court Secunty Services Contract ISSUE: The court is seeking a contract with a pnvate security finn to man the metal detector arch located at the court's entrance and screen individuals entering the court area through the use of the arch, a held-held metal detector, and visual mspectlOn. BACKGROUND: The court/polIce department does not have the ability/resources to screen indIviduals seeking entry mto the court area for unlawful weapons, items that may be used as a weapon, and contraband. The court received three bids for services and detennined Securitas' proposal best met our needs. Darlene Heskett, Court Administrator, briefed the Finance and Safety Committee on 2/7/05 and the Committee recommended the contract to Council. The City Attorney negotiated the proposed contract. DISCUSSION/ANALYSIS/ALTERNATIVES: After consulting with the pollce chain of command, the court and pollce department deterrruned that contracting with a private security finn to perfonn the screemng function was in the best interest of all involved. Not only would this arrangement avoid drammg police resources (manpower and probable overtime costs), but Securitas also comes hIghly recommended by the KIrkland Municipal Court. Additionally, Securitas was willing to provide a continuous daily -service (8:30 a.m. to 4 p.m.) without a break. Other agencies required either the court to close for an hour each day for lunch or have a police officer cover the security station during the secunty officer's lunch break. RECOMMENDATION: The court recommends the council approve the contract as drafted and negotiated by the City Attorney to bring Secuntas on board as soon as possible. TUKWILA IVIUNICIPAL COURT Court Security Officer Manual ~";"."'- -.I:l.I';'~i: .- - - '00 Table of Contents 100. Introduction 101. Policy Statement 102. Mission Statement 103. Guidance and Supervision 200. General Orders 201. Orders 202. Uniforms, Grooming, and Equipment 203. Duties and Responsibilities 300. Procedures 301. Screening 302. Screening Exceptions 303. Rights of Entrants 304. Disabled Persons 305. Infants and Small Children 306. Patrons and With Pacemakers or Other Implanted Medical Devices 307. Physical Pat-Down Searches 308. Display of a Police Badge 309. Suspicious or Unidentified Objects 310. Medical Emergencies 311. Illegal Acts 312. Illegal Weapons and Contraband 313. Prohibited Items 314. Prohibited Item Check-In Procedures 315. Daily Log 400. Daily Duty Post Assignments 500. Emergency Procedures 600. Found/Unclaimed Property Procedures Addendum 1 Metal Detector User's Manual Addendum 2 Hand held Metal Detectors 100. Introduction 101. Policy Statement: Under the direction of the Court Administrator and Presiding Judge, the Court Security Officer shall perform court security duties in support of the Tukwila Municipal Court. The Court Security Officer acts as the court's liaison with defendants, jurors, attorneys and general public, to insure efficient and secure operation of the court. . 102. Mission Statement: Tukwila Municipal Court Security Staff are committed to providing a safe court environment in a professional and dignified manner to all City staff and members of the public who avail themselves of court services. 103. Guidance and Supervision: The policies and procedures published in this manual have been adopted for the guidance of all personnel performing courthouse security functions. The Court Security Officer shall be managed and supervised by the Court Administrator, Municipal Court Judge, or designee. The Court Security Officers shall comply with all applicable sections and provisions of the Tukwila Municipal Court Security Man al and applicable training bulletins. 200. General Orders 201. Orders: The Court Security Officer shall conduct themselves in a professional manner at all times while on duty and/or in any City of Tukwila facility/property. 1. There shall be no slouching or in anyway giving the appearance of unprofessional behavior while at a post. 2. Inappropriate behavior such as horseplay or any racist or sexually suggestive remarks will not be tolerated. 3. Officers shall not give legal advice. 4. English shall be spoken, while on duty at posts, unless it is necessary to speak another language to converse with a patron. 5. Additionally, the following violations of Tukwila Municipal Court 'policy are unacceptable. This list is not meant to be all inclusive, but shows examples of behavior that may result in disciplinary action up to and including termination. (a) Unlawful discrimination or harassment (b) Consuming intoxicants or illegal drugs while on duty (c) Reporting to duty under the influence of intoxicants or illegal drugs (d) Criminal Convictions (e) Disobedience to a legal request by your supervisor (f) Incompetence and/or inability to comply with or support the goals of the court. (g) Deliberate destruction of the court's, another employee's, or a member of the public's property h. Neglect of duty (i) Unexcused discourtesy to the public U) Disorderly conduct k. Sleeping on duty 1. Giving or taking a bribe of any nature m. Failure to report to duty without a bona fide reason (n) Borrowing or taking tools, equipment, or other property of the City, court, or State for private or personal use without supervisor permission. 202. Uniforms, Grooming, and Equipment: Court Security Officers working a security post shall dress in accordance with Securitas and Tukwila Municipal Court uniform policies: 1. Court Security Officers shall wear their Securitas uniforms while on duty unless a supervisor approves other attire. 2. Uniform items shall not be worn with non-uniform attire. 3. Uniforms shall be kept in good repair: All parts of the uniform shall be kept clean, neatly pressed, and properly fitting. Items worn out or damaged shall be replaced or repaired as necessary. Uniformed Court Security Officers shall assure that all patches and pins worn on the uniform are properly placed thereon and securely attached. Compliance and appearance are subject to inspection by chain of command personnel. 4. When Court Security Officers wear low quarter shoes, officers shall wear navy blue or black socks with the uniform. Exceptions will require notice from a physician and/or approval by the Court. 5. No modifications to the uniform or unauthorized/inappropriate insignias are permitted. 6. Uniforms shall be worn with all buttons fastened, except the top button may be left open for comfort. Nothing shall bulge or protrude from the pockets. 7. Only authorized coats may be worn. Court Security Officers shall practice the highest level of personal hygiene so as not to become offensive to the public or other employees. Hair styles shall be in conformance with the following restrictions: 1. Hair shall be well groomed, neatly kept in a contemporary style. The back may extend to the shirt collar. Hair may cover a small portion of the top of the ear. Side burns may extend to the base of the ear and shall be trimmed horizontally. The hair of female security officers shall be above the eyebrows. Female security officers may wear longer hair if it is secured tightly and meets these standards. Conspicuous berets, pins or combs will not be worn. 2. Mustaches and beards, if worn, shall be trimmed at the edge of the upper lip/well groomed. The Tukwila Municipal Court shall provide the Court Security Officer with a locking cabinet for the storage of the court equipment and necessary personal items. Court Security Officers shall keep their area clean and orderly. This locked area will be open for inspection at the discretion of a supervisor. The Court Administrator shall keep the master key for all locking cabinets. Court Security Officers are prohibited from installing their personal locks on these cabinets. Court Security Officers shall maintain in proper working order all issued equipment. 203. Duties and Responsibilities: Court Security Officers are responsible for who is allowed to enter'the Tukwila Municipal Court. 1. Court Security Officers shall use their knowledge, experience and training to uphold the appropriate laws and court orders that govern the court facilities. 2. Court Security Officers shall be the immediate person in charge of the security screening at court facilities and the physical screening of the entering public. It is the Court Security Officers' responsibility to ensure the quality of this screening process. 3. Court Security Officers shall have the responsibility for informing members of the public that they must secure their handguns/firearms elsewhere if the officer discovers a person seeking entry and is in lawful possession of a legal handgun/firearm. The City of Tukwila, Tukwila Municipal Court and security personnel will not secure firearms on City property. 300. Procedures 301. Screening: The Court Security Officers are responsible for the physical screening of all persons entering the Tukwila Municipal Court. 1. Court Security Officers shall ask all persons entering the security area to remove all items from pockets and place them in a basket for inspection prior to walking through the metal detector. All bags, briefcases, and other containers or outerwear shall be visually inspected and/or passed through metal detection. If an individual refuses to open a container or allow a thorough inspection, the container shall not be permitted in the court area. 2. Court Security Officers shall screen all persons entering the court facilities for weapons, potential weapons and other illegal items. This screening shall be accomplished by using the walk-through metal detector, hand-wand, as well as hand searches when necessary. Walk-through metal detector and hand-held metal detectors (hand wands) shall be operated in compliance with Addendum 1 & 2. The officer shall give the patron at least two opportunities to successfully walk through the metal detector before using the hand wand. If the patron does not successfully "pass" a hand wand inspection, the officer may, as a last resort, perform a hand search to determine if the individual is authorized entry. 3. Court Security Officers shall be knowledgeable of the laws and rules that govern the security of the court facilities and bring to the attention of the Tukwila Police Department any potential violations. 4. Court Security Officers shall be responsible for calibrating the walk through metal detectors at the entrance to the court facilities. 5. Court Security Officers shall have knowledge of the care and appropriate use of all equipment used for security screening at the entrances to court facilities. 302. Screening Exceptions: This process shall be accomplished by screening all persons and packages entering the court facilities for weapons or potential weapons. 1. Exceptions to this procedure are: (a) Any law enforcement/fire and medical emergency personnel on official business. (see emergency procedures for screening exceptions) (b) Law enforcement that are in plain clothes and are on official business. The Court Security Officers are expected to ensure that they are entering the court for "official business" by requesting identification, are accompanied by a uniformed/recognizable Tukwila Police Officer, or are cleared by the Court Administrator. (c) Armored car personnel are allowed to enter the courthouse with their firearm, but must have their identification checked against the master list of employees for that company and are cleared to enter by the Court Administrator. 303. Rights of Entrants: While signs are posted explaining individual rights, it is important all security personnel understand that all persons entering courthouse facilities have certain rights pertaining to the screening process. Those rights are: 1. The right to refuse screening. 2. The right to refuse inspection of their hand-carried items. 3. The right to withdraw permission for the screening of themselves or their hand- carried items at any time, unless an obvious threat or an illegal item has been identified. * If any person exercises any of these rights, neither the person nor his/her hand- carried items may enter the court area 304. Disabled Persons: Searching disabled persons can be difficult. In most cases, screening the person with a hand wand will suffice. However, in some cases a hands-on physical pat- down search is necessary. If the person to be searched is in a wheel chair, ask if they are able to rise if possible, so that you can check the seat below them. Use of the hand-wand and/or a physical pat-down search could be necessary. Some wheel chair patrons may be able to walk through the metal detector. In that case, the wheel chair will be examined by a hand search. 305. Infants and Small Children: Patrons with infants in child carriers should remove the child from the device and carry the infant through the metal detector. If the person accompanying the infant declines to remove the child from the carrier (Le., a sleeping child), both the infant and the carrier must be cleared with a hands-on inspection, paying particular attention to the area under the child. Children in strollers should be removed from the stroller by their adult companion and should walk or be carried through the metal detector. The stroller will be examined by a hand search. If the person accompanying the child declines to remove the child from the stroller, both the child and the stroller must be cleared with a hands-on inspection, paying particular attention to the area under the child. 306. Patrons With Pacemakers or Other Implanted Medical Devices: Patrons with pacemakers or other implanted medical devices may prefer to avoid .walking through the metal detector. These persons can be processed by hand- wanding the body areas away from the device. A physical pat-down search may be required to clear the area where the device is implanted. The person has the option of requesting a whole body pat-down search, rather than being cleared by "hand wanding". 307. Physical Pat-Down Searches: A physical pat-down search should be conducted only as a last resort. 308. Display of a Police Badge: Persons who display a police badge and/or cause the alarm to activate and are not cleared to enter by either a uniformed/recognized Tukwila Police Officer or the Court Administrator shall be required to undergo the screening process. 309. Suspicious or Unidentified Objects: The Court Security Officers have the authority to inspect all small objects within a bag. If the officer discovers a suspicious or unidentified object, he/she may require the owner secure the object off the premises or check-in the object with the officer prior to entry. If the individual refuses, he/she may be denied entry. 310. Medical Emergencies: When a medical emergency arises at or near a security post, the Court Security Officers shall use their land line to dial 911 and contact the Court Administrator. See Section 500. Emergency Procedures. 311. Illegal Acts: If the Court Security Officer observes a crime in progress, depending on the circumstances, the officer shall take the following actions: 1. If the observation does not involve an emergency response by law enforcement, the officer shall use the land line to contact 911 to report the circumstances. 2. If the observation requires an immediate response by law enforcement (for example: extremely disorderly/assaultive behavior, verbal/physical threats of violence, excessive belligerence, acts which may result in bodily injury or death, etc), the officer may press the "panic" button located at the security station. The officer should be prepared to answer the land line in the event the police department is unable to observe/confirm an emergency situation via the closed circuit camera. 3. The officer shall deny entrance to those individuals displaying such behavior. The Court Security Officer shall not physically detain or "arrest" an individual unless at the explicit direction of a Tukwila Police Officer. Regardless of the type of response needed, the officer shall notify the Court Administrator as soon as possible and record the incident in his/her daily log. 312. Illegal Weapons and Contraband: If the Court Security Officer discovers illegal weapons and contraband, he/she shall report this information in the same manner as reporting/responding to the discovery of illegal acts per section 310. Additionally, Court Security Officers shall be alert to manners and behaviors of individuals found with contraband and in situations where a person exhibits a potential hostile behavior. This information shall also be reported to the Tukwila Police. 313. Prohibited Items: If the Court Security Officer discovers a patron in possession of a prohibited item not necessarily illegal), the patron will be instructed to either: return the item to their vehicle - remove from court premises, or temporarily check-in item with the officer. Prohibited items include: 1. Firearms and explosive devices (shall not be secured by officer - must be removed from premises or access to court shall be denied). 2. Knives of any kind or of any size - including swords, pocket knives, letter openers, metal nail files, leatherman devices, razor blades, scissors, etc. 3. Martial arts equipment - numchucks, clubs, brass knuckles, throwing stars, etc. 4. Pepper spray - mace. 5. Drugs - drug paraphernalia. 6. Any other item that may be, in the officer's professional opinion, may be used as a weapon or may cause bodily harm. The officer shall not confiscate any items. 314. Prohibited Item Check-In Procedures: If a patron decides to check-in an item with the officer in order to access court facilities, the following procedures shall be followed: 1. The officer shall seal the item(s) in a zip-lock bag, if possible, along with an item number card. 2. The patron shall be provided the corresponding item number card, properly identifying their bagged item. 3. The item shall be locked in the security station cabinet. . 4. Item shall be returned to owner upon exit of court area and return of the identifying number card. 5. If owner loses card, the officer shall make decision regarding return based on officer's memory and/or owner's ability to independently identify object. The officer shall not check-in any illegal items or any items that appear to be illegal. 315. Daily Log: The Court Security Officer shall maintain a daily log of significant events and contacts. The format and reporting requirements are at the direction of the Court Administrator. While this list is not all inclusive, significant events include: reporting for and the end of duty, lunch/breaks, security checks, equipment tests, contact with suspicious persons, incidents of trespassers, belligerent persons, and events involving illegal or confiscated property. Also, the officer shall note individuals denied entry. 400. Daily Duty Post Assignments 1. Work schedule will be determined by the supervisor. 2. Being alert to any activities that may require police action 3. Testing courtroom/clerk/probation panic alarms periodically to ensure working order - scheduled by Court Administrator 4. Performing a thorough security sweep of entry area, City Hall lobby seating area, clerk station front, probation waiting area, and courtroom. Officer shall search for contraband, weapons, or any other prohibited items. This check shall be conducted prior to opening entry and close of business. 5. Test all security equipment prior to opening security entry. 6. Notify Court Administrator and Police Department prior to opening and closing of security entry to ensure coordination with court, police, and working order of camera equipment and land line. 7. Maintaining a security presence at the entrance to the facility. 8. Operate walk-through metal detector, a hand wand metal detector, and conduct hand searches to scan all persons and packages entering the facility for weapons and/or contraband. 9. Court Security Officers shall hand search bags and persons, when necessary, to detect weapons and other prohibited items. 10. At close of business, report unclaimed property to Court Administrator. 11. Other peripheral duties as assigned. 500. Emergency Procedures The following procedures are general guidelines for dealing with emergencies. 1. If an emergency arises in which the Court Security Officer is in need of immediate assistance, he/she will use the land line to dial 911. 2. If the Court Security Officer becomes aware of the need for police services outside City Hall (i.e. a fight, assault, etc.), he/she should use the land line to dial 911. 3. When the Fire Department, the Police Department, or emergency medical personnel arrive on an emergency, the Court Security Officers shall allow them to enter the building without being screened. 4. When a fire alarm is activated in the courthouse, the Court Security Officers shall evacuate all persons within their view. 5. The Court Security Officers shall not allow anyone other than the Police Department or Fire Department to enter the courthouse until they have been advised the fire alarm is clear and the public may re-enter the building. 600. Found/Unclaimed Property Procedures Any property or items left at the entrance by patrons shall be the responsibility of the Court Security Officer until close of business. All items shall be handled in accordance with the following procedure' 1. The Court Security Officers shall place the item in an envelope or a bag until the owner returns to claim it. 2. The owner must verify ownership by describing the item before it is returned. 3. If the owner does not claim the property by the end of the working day, the Court Security Officer shall report this information to the Court Administrator to secure the property. 4. Items not claimed within 60 days shall be disposed of in accordance with City lost and found policies. 5. Items of value not claimed within 60 days shall be turned over to the Tukwila Police Department. 6. Confiscated possible contraband and evidentiary items shall be reported to the police department. Darlene Heskett - Secuirtas contract.doc Page 1 ------~--- - - ~- -- ----"- ---- - __ __u____ _ ____~___ _ ------- - - - --- OiG-\JAL Contract No 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, hereinafter referred to as "the Contractor", whose office IS located at Bothell, Washington. WHEREAS, the CIty has deterrmned the need to have certam servIces performed for its citizens but does not have the personnel or expertise to perform such services; and \VHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and condItions herem after contained, the parties hereto agree as follows: 1. Scone and Schedule of Services to be performed bv 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 ordmances applIcable to the performance of such services and the handlmg of any funds used in connection therewIth. The Contractor shall request and obtam prior wntten approval from the CIty If the scope or schedule is to be modified in any way. 2. Comnensation 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 mcorporated herem by thIS reference. The total amount to be paid shall not exceed $ 45,000.00. 3. Contractor Budl!e(. 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 Al!reement. This Agreement shall be in full force and effect for a penod commencing June 1, 2005 and endmg December 31, 2005 unless sooner terrmnated under the provisions heremafter specified. 5. Indenendent 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 employees by VIrtue of the servIces provided under this Agreement. The CIty shall not be responsible for withholdmg or otherwise deducting federal income tax or social secunty or contributmg to the State Industnal Insurance Program, or otherwise assuming the duties of an employer wIth respect to the Contractor, or any employee of the Contractor 6. Indemnification. Contractor will defend (and control any such defense) and mdemnify the City against any claIm, loss, damage or expense (includmg reasonable attorneys' fees and costs of SUIt) in connection with the Agreement, but only to the extent the claim, loss, damage or expense IS caused by the neghgence or mIsconduct of Contractor, ItS employees or agents while actmg withm the scope of theIr duties and authonty However, in no event will Darlene Heskett - Secuirtas contract.doc --- ------ u ____.__ ~-- ---- Contractor's or Its msurers' lIabilIty to the CIty exceed $1 mIlhon. Further, m no event wIll Contractor or Its insurers be lIable to the CIty for any claIm, loss, damage or expense (mcludmg reasonable attorneys' fees and- costs of SUIt) outsIde the Contractor, its employees or agents control. With respect to the performance OfthIS Agreement and as to claIms agamst the CIty, ItS officers, agents and employees, the Contractor expressly waIves ItS ImmUnIty under TItle 51 of the Revised Code of Washington, the Industnal Insurance Act, for mJunes to ItS employees, and agrees that the obligatIOn to indemlllfy, defend and hold harmless provIded for m this paragraph extends to any claIm brought by or on behalf of any employee of the Contractor. This waIver IS mutually negotIated by the parties. I i I j ! i' I j ! 7. Insurance. The Contractor shall procure and maintam for the duration of the Agreement, insurance against claims for injunes to persons or damage to property, WhICh may arise from or in connection with the performance of the Agreement. Insurance is to be placed wIth insurers with a current AmM. Best rating of not less than A. VII; 7.1 Workers' compensation and employer's lIability msurance m amounts sufficIent pursuant to the laws of the State of Washmgton; 7.2 Commercial General LIabilIty insurance with combined smgle lImIts of liabilIty not less than $1,000,000 per occurrence. $1,000,000 general aggregate. 7.3 Errors and OmissIons Insurance wIth lImIts not less than $1,000,000 per claIm and $l ,000 polIcy aggregate lImit. The CIty shall be named as addItional insured on all such msurance polIcIes, With the exceptIon of workers' compensatiOn coverage(s). Contractor shall provIde certIficates of msurance, concurrent wIth the executiOn of this Agreement, eVIdencing such coverage and, at City's request, furnIsh the City wIth eVIdence of payment of premIUms or fees of such policIes. All insurance polIcies shall contain a clause of endorsement provIding that they may not be terminated or materially amended dunng the Term of thIS Agreement, except after thIrty (30) days pnor written notice to the CIty. If Contractor's insurance policIes are "claims made" or claims paId", Contractor shall be reqUIred to maIntaIn tail coverage for a milllmum penod of three (3) years from the date this Agreement IS actually terminated. Contractor's failure to maintaIn such msurance pohcles shall be grounds for the CIty'S ImmedIate termination of thIs Agreement. Contractor's msurance coverage (addItIOnal insured or otherwise) for the City will not cover results ofthe City's or a third party's acts or omIssions. The provisions of this Section shall survIve the expiratIon or terrrunation of this Agreement wIth respect to any event occumng prior to such expIration or termmatiOn. 8. Record Keeninl! and Renortinl!.. A. The Contractor shall mamtam accounts and records, mcludmg personnel, property, financial and programmatIc records whIch sufficIently and properly reflect all dIrect and indirect costs of any nature expended and servIces performed m 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 mamtamed for a penod of seven (7) years after terminatIon hereof unless permIssion to destroy them IS granted by the office of the archIvIst m accordance with RCW Chapter 40.14 and by the City Page 2 ------- Darlen'e Heskett - Secuirtas contract.doc Page 3 ------.--- --- ~----- - ~ --- - ~- ---"-- --- i 9. Audits and InsDections. The records and documents with respect to aU matters covered by this Agreement shaU be subject at aU tImes to inspection, review or audIt by law during the performance of this Agreement. 10. Termination. This Agreement may, at any time, be term mated, with or without cause by either party, but only with thirty or more days' prior written notIce to the other party. 11. Discrimination Prohibited. The Contractor shall not discnminate 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. Asshmments 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 Al!reement. ThIs Agreement contains the entire Agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shaU be deemed to eXIst or bind any of the parties hereto. Either party may request changes in the agreement. Proposed changes, which are mutually agreed upon, shall be incorporated by written amendments to this Agreement. 14. Notices. NotIces to the CIty ofTukwila shall be sent to the following address: City Clerk City ofTukwila 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. 15. ADDlicable Law: Venue: Attornev'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 m King County, Washington. The prevailing party m any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of ,20 CITY OF TUKWILA CONTRACTOR: Mayor, Steven M. Mullet Development Associate All.t'.ST/AUTHENTICATED: Printed Name: Jane E. Cantu, CMC, City Clerk ADDRESS:19515 N Creek Pkwy. Suite 101 BothelI. W A. 98011 425-653-1454 APPROVED AS TO FORM: Office of the City Attorney BY: SCOPE OF SERVICES: Securitas Court Security Officer The Secuntas court secunty officer shall provIde the followmg servIces and m 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 a.m. to 4:30 p.m.. 2. Physically screen all persons, with few exceptions, entering the Tukwila Mumcipal 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 bnng into the court area. With proper Identification city employees and law enforcement personnel may bypass the screerung process. 3. The officer shall temporarily store prohibited items (excludmg firearms). The officer shall inform patrons that they must secure firearms elsewhere as they will not be stored on City property. 4. The officer shall be responsible for calibration and general maintenance of secunty eqUIpment in accordance wIth manufacturer gUIdelmes. 5. The officer shall be knowledgeable of the laws and rules that govern the secunty of court facIlities and bring attention to the Tukwlla PolIce any potential vIOlations. The officer shall also be alert to any disruptIve and/or unlawful behavior that may require police action. E X H I BIT A rrT1..'. ,..- ~ SECURITY SERVICES AGREEMENT Local Company Office Information Street: 12600 SE 38th Street. Suite 205 City, State, Zip: Bellevue. WA 98006 Phone: 425-653-1454 Fax: 425-653-1568 RC# or Corp. Loc. #:47-558 Contract #: SECURITY SERVICES AGREEMENT ("Agreement") between Tukwila Municioal Court ("Client") and Securitas Security Services USA, Inc. ("Company") is dated as of Februarv 9. . 20~ and the parties agree as follows: CLIENT SERVICE ADDRESS Name Tukwila Municioal Court Street 6200 Southcenter Blvd. City, State, Zip Tukwila. WA 98188 Contact NamefTitle Darlene Heskett/Court Administrator Phone: 206-433-1840 Fax: 206-433-7160 CLIENT BILLING AND NOTIFICATION ADDRESS Name Tukwila Municipal Court Street 9200 Southcenter Boulevard City, State, ZipTukwila. WA. 98188 Contact NamefTitle Darlene Heskett. Court Administrator Phone: 206-433-1840 Fax: 206-433-7160 SERVICE RATES AND HOURS Weekly Service Hours: 40 Client will pay Company the following hourly rates, plus all applicable sales, use and/or similar taxes and any interest and/or penalties. These rates do not apply to coverage of labor disputes, civil disorder, national disaster, or other similar emergency situations, which coverage Company will endeavor to provide at mutually agreed upon rates. Classification SIO Merit I Merit 2 Merit 3 N/A Straight Time $ 15.30 $15.64 $15.98 $16.33 $ Overtime $ 22.95 $ 23.46 $ 23.97 $ 24.50 $ Additional Charges: $NlA $NlA $ N/A Equipment Rental Radio Rental Automobile Overtime rates will apply to the following: work in excess of Q hours per day or 40 hours per week; any extended shifts and hours that are performed at the request of Client; additional personnel or hours requested by the Client with less than 48 hours notice, but only for the first 72 hours; additional personnel or hours requested by Client for special occasions of temporary or short duration; work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day; and the following additional holidays: President's Dav. Christmas Eve. New Year's Eve. . Company may adjust rates on 30 days prior written notice to (i) comply with any change in any law, regulation, ruling or collective bargaining agreement causing a change in work hours, wage rates, working conditions or other costs to Company, or (ii) account for added costs resulting from increases in Company's insurance premiums. In addition, Company will have the right to increase any of the amounts set forth above upon written notice to the Client, at any time or times after the expiration of one (1) year from the date service is first rendered. Security services will commence onG'1/2005 this Agreement. If Client pays Company by credit card, Client agrees that: (i) Client will reimburse Company up to two and a half percent (2.5%) for all associated credit card fees and charges; (ii) all billing disputes will be resolved between the parties and not with Client's issuing card organization or other entity; (iii) any unresolved disputes will be noted as a disputed item on the receivable account; and (iv) failure to comply with the terms of this paragraph will be grounds for immediate termination of this Agreement. and will continue until terminated upon 30 days prior written notice by either party or as otherwise permitted under Additional information: Merit increases are based uoon the discretion of Tukwila Municioal Court BY SIGNING BELOW, CUENT ACCEPTS THIS AGREEMENT SUBJECT TO THE TERMS AND CONDlTlONS ON THE FRONT AND REVERSE SIDE. Tukwila Municipal Court Securitas Security Services USA, Inc. Client By' BY' Authorized Representative Authorized Representative Printed NamefTitle: Darlene Heskett. Court Admin Printed NamefTitle. SSA (A) - (6/03) @ 2003 Securitas Secunty Services USA, Inc. TERMS AND CONDITIONS 1. SCOPE. OF SERVICES: Companywilf provide services pursuant to !hjsAgreemsnf in accordance with mutually-accep~b!B. wriUeo security officer, patrol officer Of alarm respons.a orders (which. are incorporated into this Agreement by this referenca). Company will not be obHgaled (0 perform any du(ie5 or ~rvices (and wal bear no responsibHity for duties or services) olher than as- expressly specnl-8d in such orders or this Agreement Unfess olherwise se[ forth herem, Client and COlT'.pany agree that Company is not en9aged as a security consultant. 2. PERSONNEl...: (a) Personnel suppITed by Company pursuanlto this Agreement are its employees rPersonner) and are not Clien!'s employees. Company is responsible for Social Securtrf. unemploymenl and similar faxes applicabfa fo ies Personne'. (b) Company is a Federal Govemmen! Contractor and compITes with Executive Order 11246, as amended; Seeton 503 of !he RehabirrtaUon Acl of 1973, as amended: Section 402 01 the Vi.lnom Era Veterans ReadjuslmenlAssislance Ac! of 1974; Velerans Employment Opportuntlies Act 01 1998; and relaled regulalions. (c) Company's Personnel will be assigned without regard to rat:S'. ag9. color. creed, sax. national origin. disabilities. veteran status, or on any basis prohibited by law. Client may reasonabrj d[sapprove of any Personner, but only jf such exercise is no! in viola lion of law. If any Personnel is removed at Cfient's request. Client agrees to indemnify. defend, and hold Company harmless from any Claim related to such removal. (d) A 'Claim" under ll1is Agreemen! will mean all daims, actions, suits, demands, losses, damages, inJurtes, cosls and expenses (including, but not [,miled la, any investigative costs, reasonable atlome}"s' fees and other costs of sun) arising from all events or circumslancas relafed 10 or in connection wHh the same general harmful condition. 3. HIRING: Client will not. nor \WU any ronfIactor of Client.. during the term of lhis Agreement and for a period of one year after termination of this AgreemenL emp:oy (directly or indirecUy) any Company Personnel. Recognizing the costs incurred by Company n setecting. recruiting and !raining its Personnel, CUenl agrees 10 pay Company $5.000 as liquidaled damages for each such Personnel employed by CUenl or its contractor, dc7ing Ihe lerm of Ihis Agreement 01 within one year aner lermination of \his AgreemenL 4. UMITATlON ON CLAIMS AND ACT!ONS: Nolice of any Claim or polential Claim arising oul of or relBUng 10 this Agreement must be given 10 Company at Ihe addresses set for'J-i in Seclion 11 wilhin 30 days fo.qowing lha data of the occurrence giving rise lo such Claim or potential Claim. No action to recover on any Claim waf be instituted Of mainta31ed agaInst Company unless notice of such Claim is given by Client 10 Company in the mannel set forth herein. No aclion to recover for any Claim ",il\ be instituted or mainlained againsl Company unless said action is instituled no later ll1an 12 monlhs fofiowing the dale af Iha OCC<Jrrence 9;...;ng rise 10 such Claim. 5. LtABIUTV UMITATION AND INDEMNITIES: (0) Cr...nt egrees that Company is not an insurer and that the amounts peyable hereunder are based upon the value of s..-viO<!s provided and nol the vahJe of CDanfs interests being protected or the property of Client:or af others located on Client"s premises. Accordingly. Company makes no representation, express Of' ImpHed. that its ~ervices will prevent any loss or damage. (b) Company agrees to and will Indemnify, defend and hold Client harmless from and against any Claim arising from Company's performance of the services under this Agreement, but only to the extent the Claim is caused by 1I1e negligern;a of CQJ11Pany, its employees or agents whifo a<;tIng within the scope of their dutie$- and authority. Client agrees to and will Indemnify. defend and hold Company hann!ess from and against any Claim In connection with this Agreement, but only to tha axtent the C!a[m Is caused by the negligence of C!'oent, its employees or agents. (c) Notwithstanding the foregoing Seellon 5{b), Client agress that in no event will Company's or its insurers' tolal claimed (abliity for any CIa[m arising out of the servfces provided hereundef exceed the maximum amount of S2,5OO. Further, if the services include alarm response, In no event will Company's or its insurers' to\81 claimed liabi1ity for anY' Claim arising from any delay or faHure in responding 10 an alann exceed the maximum amount 01 $500. The Umffatfons of;liabllity in this Section 5(c) wI!! apply regao;llo55 of whether the Claim Is aJleged to arise. directly or in<fire<:tly, In whole or in part, from tha negrlgenO<! (active or passive) or misconduct of or breach of this Agreement by Company. ffs employees or agents, including that relate<! to the hiring, training, supervision or retention of Company's employees or egents. (d) Notwithstanding tha foregoing Section 5(b). Client will indamnify. dafend and hold Company hannless from and agaJnst any Claim in connection with this Agreament to the extent tha Claim exceeds $2,500. Further, if the seMees include elarm response. Client will indemnify. defend and hold Company harmless from and against any Claim In connection with any delay or tailure In responding to an alarm to the extent the Claim exceeds $500. The Client's defense and indamnily obligations In this Section 5(dJ will apply 189'Irdl_ of Whetl>er the Claim Is aUaged to arise, directly CO" indirectly, In whole or in part, from the negligence (active or passive' or mlsconcluct of <H" breach of this Agreement by Company, ils emplo>,", or agents, including that related to the hiring, training, suparv1slon or retentton of Company's employees or agents. (e) Notwithstanding anything to the contrary In this Agreemant, Client agrees lIrat in no event wrll Camp',"y or ils insurers be nable for any Claim Brisil\g from or related to: (i) environmental damages or liability of any nature: (iij a legal enactment, decree or moratorium, or any regulation, rule, pracl!ce or guideline of a public authori1y; (iiij an tnt8fVentlon of a pUblic authority, an act of nationarozalion, confiscaUon OJ" expropriation: [IV) loss of busfness orpnHds, penalties, Of" spacial, Indirect, consequential. punitive. exemplary or liquIdated damages, even if Client has advfsed Company of the possibifrty of such losses or damages; (v) an act of war, e violent OJ' armed action, h!-jaoking or act of tem>rism; (vi] a strike, lock..,ut, boycott or blockade: or (vll) any circumstance beyond Company's reasonable control. The limi1a1fons of liability In this Section 5(e) wDl apply regardless of whether the Claim is alleged to arise. directly or Indiraclly, In whole or In part, from the negligence {active or passive) or misconduct of or breach of this Agreement by Company, its employees or agents, inclUding that related to the hiring, training, supervision or retention of Company employees or agents. (f) Notwithstending anything to the contrary in this Agreement, if Client requests (i) Company's ParsolUlel to operata anyvehic!e other than one supplied by Company, CUent agre"" to meintain insurance for the vehicle and that such insurance Is primary. and further agrees to defend. indemnify and hold Company hannless from any Claims erising out of or related to Company's use of the vehicle: or (ii) Company's Personnel to perlorm or assume duties other than those agreed to In writing by Company, Client agrees to defend, Indemnify and hold Company harmless from any Claims arising out of Or ralated 10 such duties. The CIIerrI's defense and indemnity obligatiOO$ In this Section 5{fJ will apply regardless 01 whether tha Claim is a!lege<! to arise. directly or Irtdirectly, In ",hola or in part, from the negligence (active or passive) or misconduct o' 01 breach of this AQTeement by Company, its employees or agents, including that rela1ed to the hiring, training. suparvision or retention of Companr.. employees or agants.. (g) Notwithstanding anything to the contrary In this Agreement, In no event will Company be responslbla for any theft or other loss of Clienl's property not directly attributable to security officarthefts.. fn the even. of aU8!lation <>f seclllity ofJlcer thefts, Client waives all right of racovery unless Company Is notified of such allegations Within ten days, Client fully coopenrtes wi1h Company in the investigation of the facts, Client presses fonnel charges, and a conviction is obtained. (It) The services prrffided under this Agreement are solaly for tha benefit of Client, and neither this Agra"",ent nor any services rendered hereunder confer any riglrts on any other party, as a thlrd-parly beneficiary or otherwise. 6. INSURANCE: Client agrees \hal ~ VIiI maintain insurance 10 fully protect en,,"t agaiflSt loss or damage to its premIses, business and property, and others' properly on Clienfs premises. To the exlenl permitted by Clienfs Insurance policy, Cn""t hereby waives any and all rights of subrogation thai any InsurBlS of CnBl1t may have against Company, If Company provides any insurnnce coverage (addilional insured orolherwise) (or Client or any othets, such ~sunmce covemge wi! only cover Cfianl ajld the others for liabilily speciftcally assumed by Company in this Agreement. As sOClJnty for Cient's defense and Indemnily obligalions in \his Agreemen~ Client Will name Company as an addilionol insured under CliBnl's ralavant Insu",nce policies, and Client wi! prov'.do Company with a certifICate of insuranCQ evidencing such coveraga upon CompanY's request Client vnllIO! make any changes \0 its insurance coverage VIIlhoul alleasl30 days' prior written nonce 10 Company. In no avent VIIn Company's addilionallnsured status be tanninated. 7. TERMINATION FOR CAUSE: NotwiIIslanding anything 10 \he contrary in !his Agraemen~ Company may lenninale Ihis Agreement for cause upon 48 hours prior wri!Ilm nolic& and exercise such other righls and remedies as permitted by law. "Cause" witl inctude. wiIftoutlimilation: (a) Clienfs failure to pay any amount when due; (h) Company's reasonable delermnalion thai Ciant's finandal condition has substantially delariora!ed rsubslanUaf daterioration" wit I Include, wilhout limilatlon. Ihe following; Cnenfs PAYDEX =re (aUing Into the lOWest qua nile base<1 00 !he indus!ly average; ClIenl misrepresenting its Iinandal infonnalion; C!i8nl becoming unable to meat any of its debt obligations or to obtain fmnoing to support its ongoing busl....ss; or Cienl's bond or uIISecu<ad debt rating faffing below B+ on Slandard and Poo(s, or 82 on Moody's. rating of Clienrs ability 10 meet lis debt obllgatiOl1S); (c) an assignment (or \!veat af assignment) of this Agreement by Clisnl for the benefil of credilors; (d) Client's breach or malerial mlsreprasentafon of any 01 the other larms or obligations <:onlained in thisAgraamertl; (e) a material change in !he lerms or conditions of Companys insurance coverage relevant 10 this Agreement [of such change Is related to ciraunslaoces beyond Company's reasonable control); (f) a change in any applicable rules or legislation, or bnrf!f1Q orders or inslIuctions by !he relevanl aulhorilies being Issued lha~ m Company's so:' DlScretiD/), constilute or would require a material change in the cost or duties o~ ... oIlha sel'iicas to be provided by. Company hereUf1dar; Of (g) Company's discovery of any lien or Judgmenl filed againsl CHenl (or its perenL affiIiatas or subskflSries, or \heir respective property) !hat was either: (i) nOI disclosed by CHenllo Company ptior fo the effecfive dale of ll1isAgreamen~ or(ii} 111ed alter the effec!ive dale ofthisAgreament. Fuslhennora, if Company becomes reasonably uncertain of Cnanfs ab~ity to perlorm its conlractual obrlg3tions, Company may request reasonable assu"'nces of Client's peofOl111ance. If such assurances are not provided wilJoJn 48 hours, Company may lmmedla!ely lannmte this AgreemenL 8. HAZARDOUS OR DEFECTNE CONDITIONSlMATERIALS: Clienl agrees that it wiI comply with OSHA Hazard Communication Standards. Mine Safely and Health Act. and witl indemnify, defend and ho!d Company hannless from aa Claims, Including, but nollimIted to. fnjurtes 10 Company's employees or agents. arising our o( a concfition exismg al CBanfs premises, or Client's violation of any safety. environmenlal, mile, or healVHelaled. law. Client further agraes to: (a) make avaiable 10 Company the Malenal Safely Dala Sheet for each hazardous chemica! to which Company's emptoyees or agenls mey be exposed at Clienfs premises; and (b) n!Onn Company of (i) pre<;autionary measures Ihat need to be taken to prolecl Company's employees or agents. and Qi} Client's hazanJous matertallabef.ng syslem. g. ASSIGNMENT: Client win not assign this Agreemenl VIIthout the express wrlUen permission of Company. Company may assign this Agreement al any time to any of ils a!finales or successors. 10. NON-WAIVER: FailJra of Company to enforca any provision of this AgreamenL or any o( ils rights. or 10 exercise any election harein provided, wilt nol be considered a waiver of such provision or aleclion or in anyway affect Ihe vandily of IhisAgreement The exercise by Company of any ofils rights or any of its elections win not preclude Company from exerciSing the same or any olher right II may have under lhisAgreemenl or by law. 1t. NOTICES: AI notices wili be In writing and win ba sufficiently given if made by invoice, telegram,lelecopy, ovemighl ccurieror by mailing by certified mali, postage prepaid, addressed to ll1e other party at its address set for1h herein or at such olher address as !he olher party may have designaled by nolice given hereundef. A copy of Ctienl's IlOIices to Company will also be sent 10 the Company office at 4330 Park Terrace Drive, Wesllake Vilage, CA 91361, "Attn; Legal Department'. 12. INVOICES: Invoices will be submUled bi-weekly and are payable on receipt !II the remi!lance address on the invoice. CUenl will bear all costs associated with Company receiving paymen! dus for services rendered \!I1del\hisAgreement. A late cha!ge of 1.5% per month will be added Ia balances not paid within 30 days. Clienl must no!iIy Company in wnling of any dispute regarding the amount of an invoice VIIthin 20 days from \he invoice date, otherwise aD disputes win ba deemed waived. Clien! musl nolify Company In writing of any deduction for Uf1satisfaC!Ory service claimed by Client wllhln 10 days of the occuITence for whi1:h ll1e dedUClion is claimed, otherwise such claim VIlli be deemed waived. In the evenl that Company musl Institute suit 10 collect amounts owad to Company under this Agreemen~ CEent agrees to pay Company's allornsys' feas and other collection costs. t3. AUTHORITY: Company's sales personnel are ""t aulhorized to sign. change or amend this AgreemenL This Agreement will not become binding upon Company until executed by an authorized menager or corporate officer of Company. 14. SURVIVAL.: All accruad obligations of COOnl, including, but f101 nnuled 10. Sections 2 through 6, 8, 11, 12. and 14 through 16, wilt survive lenninalion of !his Agreement 15. SEVERABIUTY: Clentand Companyag",all1al if any lerm of fhisAgreement is held to be unenforceable under applicable law, such term will be modified so that II is enforceable to the maximum exlent pennilled under applicable [aw, and all the olher tfffms of the Agreement will remain in fuS force and effect If the unenforceable term cannot be so modified. such term will be Bxdu.dad from lhe Agreement. and aU the orher tenns w;U remain in full force and elfect 16. GOVERNING LAW & MAXIMUM EXTENT: ThisAgreemenl wiR be govarned by the law of the slale in which Company's services are performed. All provisions in lhisAgreemenl, including, but not ITmrted la, \he provisions in Section 5, apply only 10 the maximum exlenl permiUed by applicable law. 17. ENTIRE AGREEMENT: The lerms and conditions of !his Agreement coolainad on the fronl and reverse side of this Agreement conslllute the entire agreemen! of Ihese parties. No represenlations, inducemenls, promises oragreemenls of Company not embodied herein VIlli be of any force or elfeel. No crlSnt agreements, pUrchasa orde,s, work orders or other documents will mODify lIIe terms and conditions of !his Agreement, regardless of when deled. No changes to this Agreement will be binding on Company unless approved in writing by an authorized Company representative. Finance and Safety Committee Febmary 7,2005 Present. Dennis Robertson, Chair; Pam Carter, Dave Fenton Dave Haynes, Vikt Jessop, Jane Cantu, Shelley Kerslake, Rhonda Berry, Darlene Heskett, Kevm Fuhrer, Nick Olivas, Lucy Lauterbach * 1. Court Security Bids Darlene briefed the Comnllttee regarding proposals for security services for Tukwila MumcIpal Court. Seven compames were contacted and three responded. The most complete and least expensIve proposal was from Secnntas, which provIdes C01ll1 secunty m Kirkland. KIrkland reports bemg very happy wIth theu' serVIces Secnntas w1l1 provide one guard that will be on duty all day That guard will be on duty from 8 30 to 4.30 p m. and WIll eat lunch at his/her statIOn. The guard wIll be unanned, wIll perform a visual check of bnefcases, purses and backpacks, and will have a wand to check people who set off the alann when walkmg through the secunty arch. Darlene WIll draft a contract for servIces WIth Secuntas and review the operational plan wIth the police. She dId not thmk she could do It for next week's COW, but WIll work to get a contract as soon as practicable. Recommend contract to Council: bring to Committee onlv if timing works. 2. Revisions to COPCAB Ordinance Police want to amend the Commumty Onented Pohcmg CItIzen AdvISory Board (COPCAB) ordmance to allow a resIdent to fill a posItIOn If a busmess person cannot be found, and to change reportmg requirements from quarterly to annually Two business persons are to be on the Board, but if that IS nDrIJossible~ dI1e resIdent can fillllifor Ohe busmess person, Pam C also suggested by removing the reqUIrement for COPCAB mmutes to go to CIty CouncIl. Recommend ordinance to CO\V. 3. Kenvon Disend Contract There have traditionally been two parts to a Kenyon contract. the general CIty attorney servIces portIon and an hourly portIOn. The servIce portIon mcludes regular office hours, preparatIOn and lor reVIew of ordmances, resolutions, contracts, and other city documents or matenals, prosecutIOn services, and a host of other serVIces The hourly portIOn covers special matters such as lawsUIts ongmatmg from code enforcement actIOns, appeals of TukwIla Mumclpal Court decisIOns, and other non-routme matters. Fees for hourly blllmgs for special matters exceeded $85,000 in 2004. The contract proposed for 2005 mcreases the monthly rate to the Kenyon firm from $25,978 to $31,500 and eliminates hourly billing for special matters until charges mcurred for each mdlVidual matter exceed $5,000 Pam asked that the CouncIl receive quarterly or semi-annual updates on sIgmficant legal Issues, as well as a summary of legal fees incurred if possible Recommend contract to CO\V.