HomeMy WebLinkAboutCAP 2016-11-28 Item 2E.1 - Agreement - 2017-2018 Park Security with B-Force ProtectionCity of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Community Affairs and Parks Committee
FROM: Rick Still, Director Parks & Recreation
BY: Dave Johnson, Parks & Recreation Manager
Robert Eaton, Parks & Recreation Manager
CC: Mayor Ekberg
DATE: November 22, 2016
SUBJECT: Contract for Park Security Services for 2017 through 2018
ISSUE
New contract for Parks Security Services from January 1, 2017 through December 31, 2018.
BACKGROUND
Current existing contract with B-Force Protection for Park Security Services is set to expire
December 31, 2016. To prevent a lapse in services a new contract needs to be executed prior
to the end of the year.
DISCUSSION
In efforts to be more efficient this contract has been drafted to align with the 2017-18 Biennium
Budget and provide two years of service. This contract with B-Force Protection for Park Security
Services is from January 1, 2017 through December 31, 2018. The total contract amount for the
full two years of service is $50,400 therefore requiring Council approval.
FINANCIAL IMPACT
Annual expense for this contract is $25,200 (or $2,100 monthly). This is a funded expenditure in
the 2017-18 Parks Maintenance Budget.
RECOMMENDATION
The Committee is being asked to consider this item and forward to the Consent Agenda at the
December 5, 2016 Regular Meeting to approve the Mayor to sign the contract.
ATTACHMENTS
Contract for Park Security Services for 2017-18
67
Cityof Contract Number:
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O2OOSouthuen1er Boulevard, Tukwila VVAS8188
CONTRACT FOR SERVICES
This Agreement is entered into by and between the City of Tukwila, VY8Sh Don-Charter
optional municipal cuuu city hereinafter referred no as 7ng u|zy.' and hereinafter
referred ioaa"the Contractor".
WHEREAS, the City has determined the need to have certain services performed for its citizens
but does not have the manpower Vr expertise ho perform such services; and
WHEREAS. the City desires to have the Contractor pedbnn such aenvi000 pursuant to certain
terms and conditions; now, therefore,
IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties
hereto agree as follows:
t 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 schedule is 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 A attached hereto and incorporated herein by
this reference. The total amount to be paid shall not exceed _$50,400 1 at a rate of _$2,100 per
3~ Contractor Budget. The Contractor shall apply the funds received under this Agreement within the
nnaxirnunn Unnda set forth in this The Contractor shall request prior approval from the
City whenever the Contractor desires to amend its budget in any way.
4. Duration of AcIreement. This Agreement shall be in full force and effect for a period commencing
January 1, 2017, and ending December 31, 2018, unless sooner terminated under the provisions
hereinafter specified.
g_ 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 employees
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.
CA Revised 2O/2 Page lof4
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
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
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 Unnd 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 Sh8U be written on Insurance
Services Office (IG[)) h]rnn CA OO 01 or a substitute fVOn providing equivalent liability
coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage.
— Commercial General Liabilit insurance ^ with limits ^^ no '~~s than v',""",""" each
occurrence, $2.000.000 general aggregate and $2.000.000 products-completed operations
aggregate |inniL Connrnancia| General Liability insurance shall be written on |S[) occurrence
form CG OD 01 and GhG|| cover liability arising from prenniaea, operations, independent
contractors' products-completed opgrGt|oOs, stop gap Uabi|ib/, personal injury and advertising
injury, and liability assumed under an insured contract. The Commercial General Liability
insurance shall bo endorsed to provide the Aggregate Per Project Endoroernent|SOformC(S
250311 850ranequivalent endorsement. There shall beno endorsement mr modification of
the Cornrnevcie| General Liability Insurance for liability arising from axp|oaion, collapse or
underground property damage. The City shall be named as an insured under the Contractor's
Commercial CSoOara| 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 CB 20 37 10 01 or substitute endorsements providing
equivalent coverage.
3. Workers' coverage aa required bv the Industrial Insurance laws ofthe
State of Washington,
B. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General
Liability insurance policies are to uontain, or be endorsed to contain that they shall be primary
insurance with respect to the City. Any insurance, au|AnSV[aDce, or insurance pool coverage
maintained by the City shall be excess 0f the Contractor's insurance and shall not contribute with
CA Revised 1-2013
Page 2nf4
C. Acceptability of Insurers. Insurance is to be placed with insurers with a ourrentA^M. Bast
rating of not less than A: VII.
D. Verification of Coverage. Contractor shall furnish the Qh/ with original certificates and a copy
of the amendatory endorsements, including but not necessarily limited h) the additional insured
endorsement, evidencing the insurance requirements of the Contractor before commencement Of
the work.
E. Subcontractors. The Contractor ohu|| 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. - [heCmntnsctorohoU provide the City and all Additional Insureds for this
work with written notice of any policy cancellation, within two business days nf their receipt of
such notice.
G. Failure to Maintain Xmmmrmnom. Failure on the part of the Contractor to maintain the insurance
as required Sh8U constitute a material breach of contract, upon which the City rDay, after giving
five business days notice to the Contractor to correct the breach, immediately terminate the
contract or' at its diSurehon, procure or renew such insurance and pay any and all premiums in
connection therevvith, with any sums em expended to be repaid to the City on d80and, orgtthe
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 [ecV[dS, 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 au may be deemed necessary by the City toensure the performance of this Agreement.
B. These records shall bo maintained for e period of seven (7)years after termination hereof unless
permission to destroy them is granted by the office of the archivist in accordance with RC\N
Chapter 4O.14 and by the City.
9. Audits and Inspections. The records and documents with respect to all matters covered by this
Agreement eheU be subject at all Urnee to inSpecdion, review or audit by law during the performance
of this Agreement.
10' Termination. This Agreement may at any time be terminated by the City giving to the Contractor
thirty (30) days written notice of the City's intention to terminate the same. Failure to provide
products OD schedule may result in contract termination. If the Contractor's insurance coVanaQg is
canceled for any reason, the City shall have the right to terminate this Agreement immediately.
11. Discrimination Prohibited. The Consultant, with regard tothe work performed byit under this
AgreGUlRD1' will not discriminate on the grounds of nane, religion, creed, CO|O[, national origin, 8gg'
veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence
of any disability in the selection and retention of employees or procurement of materials or supplies.
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. Agraennant, together with attachments or addenda.
represents the entire and integrated Agreement between the City and the Contractor and
supersedes all prior negotiations, repreeent8dona, or agreements written or oral. No amendment or
modification of this Agreement shall be of any force or effect unless itisin writing and signed hythe
parties.
OA Revised 1-2O 3 Page 3 d4
14. Severabillity and Survival,. |f any term, condition or provision of this Agreement kS 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 tosurvive the completion, expiration or
cancellation of this Agreement, shall survive termination of this Agreement.
15. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk, City of Tukwila
---- -------- —'-'
Tukwila, Washington 98188
Notices to the Contractor shall besent to the address provided by the Contractor upon the
signature line below.
18. This Agreement shall be governed bv and construed in
a000njano8 with the laws of the State of Washington. In the event any suit' a[bb[atiom. or other
proceeding is instituted to gOfuroo any term of this Agreement, the parties specifically understand
and agree that venue shall be properly laid iO King County, Washington. The prevailing party iDany
such action shall be entitled to its attorney's fees and costs 0fsuit.
DATED this ___ day of 20__
CITY [}FTUKN|LA CONTRACTOR
By: 4f,
Allan Ekberg, Mayor
Printed Name and Title:
Address: r-6, kx &14S U/
CA Revised 1-2013 Page 4 of 4
Security Services for Tukwila Parks
Parks:
Duwamish Hilt Park
TCC (Tukwila Community Center)
Foster Park (Lee Phillips Memorial Park)
Tukwila Park
Bicentennial Park
Tukwila Pond Park
Crystal Springs Park
Crestview Park
Starfire Park (restrooms)
Scope of work:
January 1, 2017 through December 31, 2018
Exhibit A
Park
Closing
Opening
Holidays
Total Visitations
Duwamish Park
365 per year
_.._._
104 per year
._._..�
? 10
469 per year
TCCy
365 per y ear
104 ear
per year
110
469 year
per _
Crestview
365 per year
104 per year
10
469 per year
_..__ ___ ..........
Foster Park
.. . .. ......... _
j 275 per year
._..._.__ .. .....
5
_.... _
5
...............
280 per year
Tukwila Park
275 per year
5
; 5
280 per year
Bicentennial
275 per year
5
5
280 per year
Tukwila Pond
275 per year
5
5
_--------- -
280 per year
Crystal Springs
275 per year
5
5
280 per year
Starfire
None
i 108
N/A
108 per year
Fee Schedule:
Total contract amount: $50,400.00
Annual total charge: $25,200.00
Monthly charge: $2,100.00
Sincerely,
Eddie Hasanovic
73