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Home My WebLink AboutReg 2016-12-05 Item 4M - Agreement - 2017-2018 Park Security with B-Force Protection for $50,400COUNCIL AGENDA SYNOPSIS Meelin ,g Dale Prepared by La '.r review yw wy _C4�,l repiew 12/05/16 DJ ""117Q-- ❑ Ordinance Alt g Dale [:1.Bid.Award Al gDale [:] Public Hearing Alt ,g Date ❑ Other YW(g Date SPONSOR ❑ Council ❑ Major ❑ HR ❑ DCD [].Finance ❑ P'ire ❑ IT Z P&R [:1 Police EIPIV SPONSOR'S Authorize the Mayor to sign Contract with B-Force Protection for park security services. SU11\4MARY R1;1vii3WF'D BY F-1 cow Mtg. Z CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte F-1 Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/28/16 COMMI'l-fEE CHAIR: QUINN RECOMMENDATIONS: SPONSOR /ADMIN. Parks and Recreation Department CONINIFI'I'E'F CAP - Forward to Consent Agenda COST IMPACT / FUND SOURCE ExPj,'INDri'uii," Ri3QUIRJ,sD AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $50400 $0 Fund Source: P&R OPERATING BUDGET Comments: MTG. DATE RECORD OF COUNCIL ACTION ITEM INFORMATION 219 S "T'A1�1� SPONSOR: RICK STILL 12/5/16 A(,I,"NI)A I'rj.,"m TITLE Contract for Park Security Services CATEGORY ❑ Discussion Aft ,g Date E Motion M�g Date 1219116 ❑ Resolution AIRS Dale ❑ Ordinance Alt g Dale [:1.Bid.Award Al gDale [:] Public Hearing Alt ,g Date ❑ Other YW(g Date SPONSOR ❑ Council ❑ Major ❑ HR ❑ DCD [].Finance ❑ P'ire ❑ IT Z P&R [:1 Police EIPIV SPONSOR'S Authorize the Mayor to sign Contract with B-Force Protection for park security services. SU11\4MARY R1;1vii3WF'D BY F-1 cow Mtg. Z CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte F-1 Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/28/16 COMMI'l-fEE CHAIR: QUINN RECOMMENDATIONS: SPONSOR /ADMIN. Parks and Recreation Department CONINIFI'I'E'F CAP - Forward to Consent Agenda COST IMPACT / FUND SOURCE ExPj,'INDri'uii," Ri3QUIRJ,sD AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $50400 $0 Fund Source: P&R OPERATING BUDGET Comments: MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 12/5/16 Informational Memorandum dated 11/22/16 Contract Agreement Minutes from the Community Affairs and Parks Committee meeting of 11/28/16 219 220 City of Tukwila Allan Ekberg, Mayor 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 2017-18 221 222 City of Tukwila Contract Number: • 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES This Agreement is entered into by and between the City of Tukwila, Washington, a non-charter optional municipal code city hereinafter referred to as "the City," and B-Force Protection, hereinafter referred to as "the Contractor'. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, 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 hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or 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 at a rate of _j2,100 per month. 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2017, and ending December 31, 2018, unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City 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 2012 Page I of 4 223 8. 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 8 rD|ninlUnl combined single |i0d for bodily injury and property damage of $1'000.000 per accident. Automobile liability insurance shall cover all owmed, non'owmed, hired and leased vehicles. Coverage shall be written on Insurance Services Office U8{}\ form CA UO 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products-completed operations aggregate limit. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an equivalent endorsement. There shall be no endorsement or modification of the Commercial General U8bi|bv Insurance for liability arising from explosion, collapse Or underground property damage. The City shall be named as an insured under the Contractor's Commercial Genera} Liability insurance policy with respect to the vvo[h performed for the City UG|Dg ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured- Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Workers' coverage au required bv the Industrial Insurance laws ofthe State ofWashington. B. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General Liability insurance policies are to cVntaiO, or be endorsed to contain that they shall be primary insurance with respect tV the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with CA Revised 1-2013 Page 2of4 C. Acceptability of Insurers. Insurance is to be placed with insurers with acurrent A.M.Best rating of not less than A: VII. D. Verification of Coverage. Contractor shall furnish the City with original certificates and eoopy of the amendatory endorsements, including but not necessarily limited hothe additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. E. Subcontractors. The Contractor shall have sole responsibility fo 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 ofCancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. G. Failure to Maintain Insurance. Failure the part of the Contractor to maintain the insurance DS required shall constitute a nlatehu| breach of contract, Vp0D which the Qb/ nOoy, after giving five business days notice to the Contractor to correct the breach, inl0BdiEde|y terminate the contract or' at its diaor8tiDD, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid tmthe City on demand' Oratthe sole discretion of the City' offset against funds dug the Contractor from the City. 8. Record Keeping and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and aan/ic8s performed in the performance Of this Agreement and other such records aS may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for e period Vfseven years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with ROVV Chapter 40.14 and by the City. g' Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject ad all times to inspe(tion, review o[ audit bv law during the p8db0naOuo 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 on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited. The Consultant, with regard to the work performed bvd under this Aonaennent, will not discriminate on the grounds cd race. ReliQion, creed, color, noU0OGU origin, 8gm, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence cd any disability in the selection and retention ofemployees or procurement ofmaterials or supplies. 12. Assignment and Subcontract. The Contractor shall not assign o[subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13~ attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior negoUetinns, representations, or agreements written or oral. No amendment or modification Of this Agreement shall be of any force or effect unless itigin writing and signed bythe parties. CA Revised 1-2013 Page 8of4 14. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall n0teffe:t ' other provisions h8nBOf and all other provisions shall remain fully enforceable. The provisions this AonBB0gDt which by their sense and context are [eaSoD8b�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 basent to the following address: City Clerk, City of Tukwila ---- -------- —'— Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16. Agreement shall be governed by and construed in accordance with the laws of the State of Washington. |n the event any suit, adzitration, or other proceeding in instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party inany such action shall ba entitled to its attorney's fees and costs Ofsuit. DATED this ____ day of 20__. CITY 0FTUKVV|LA CONTRACTOR By: t Allan Ekberg, Mayor Printed Name and Title: Address: rb, 66A q9 I UL CA Revised 1-2013 Page 4of4 Security Services for Tukwila Parks Parks: Duwamish Hill 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 O _ Holidays T Total Visitations Duwamish Park 3 365 per year 1 104 per year 1 10 4 469 per year TCC 3 365 per year 1 104 per year 1 10 4 469 per year .. - ._,_.. ,...__.�._... _ _ ,4.._...�....... ._..._.._,.. t 111,11,11,11- t 1 Crestview ' ' 365 per year 1 104 per year 1 10 4 469 per year Foster Park 2 275 per year 5 5 5 5 X X280 per year Tukwila Park 2 275 per year 5 5 5 5 2 280 per year Bicentennial ( ( 275 per year 5 5 5 5 2 280 per year Tukwila Pond � 275 per year . Fee Schedule: Total contract amount: $50,400.00 Annual total charge: $25,200.00 Monthly charge: $2,100.00 Sincerely, Eddie Hasanovic 227 228 Community Affairs and Parks Committee Minutes ....................................................................... ....................November28, 2016 C. Resolution: 2017 Legislative Agenda nda Staff is seeking Council approval of a resolution that would adopt a legislative agenda for use during the 2017 Washington State Legislative Session. The agenda includes items in the categories of Transportation & Infrastructure, Housing & Human Services, Shared Revenue, Revenue Reform, Public Records, Education, and Law Enforcement. Staff noted that the Communications Division will contract with Jennifer Ziegler to represent the City in Olympia in the coming session. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 12, 2016 COMMITTEE OF THE WHOLE AND SPECIAL MEETING. D. Project Completion: Motel Demolition Project Staff is seeking Council approval of project completion and release of the retainage bond to CGI, LLC. in the amount of $636,194 for the Urban Renewal Motel Demolition Project. The work was completed on August 2, 2016 and included one change order for the removal of contamination from a detention pipe at the Travelers Choice site. State regulations require new property owners to assume responsibility for contamination regardless of when it occurred. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 5, 2016 REGULAR CONSENT AGENDA. E. Parks and Recreation Department Contracts Park Security Staff is seeking Council approval of a contract with B -Force Protection in the amount of $50,400 for continued park security services through December 31, 2018. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 5, 2016 REGULAR CONSENT AGENDA. Duwamish Hill Preserve Staff is seeking Council approval of a contract amendment with Forterra in the amount of $7,500 for additional restoration activities at the Duwamish Hill Preserve. Funding comes from a King Conservation District grant originally intended for soil testing. Lead and arsenic levels at the site came back low enough to not require action, and the City agreed with KCD to transfer the funds to restoration. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 5, 2016 REGULAR CONSENT AGENDA. Parks and Recreation Software Staff is seeking Council approval of an agreement with PerfectMlND Inc. for implementation and ongoing subscription for parks and recreation records management software. The implementation cost is $35,000 and annual subscription is $20,000. PerfectMlND was selected by a cross - departmental team from an initial pool of six vendors that originally responded to the City's RFP. This software package meets the City's goals and comes with excellent customer service reviews and comprehensive reporting, among other benefits. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 5, 2016 REGULAR CONSENT AGENDA. 229