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HomeMy WebLinkAboutSpecial 2017-01-23 Item 2B - Agreement - 2017-2018 Court Security with Securitas Security Services USA CO UNcm AGENDA S YNopsiS ------ -------- ---------Initials--------------------------------- ITEMNO. Meetin .Date Prepared by Ma or's review Council ret)ieiv 01/23/17 LRK �DL Spec 2. B. „� • ITEM INFORMATION STAUFSPONSOR: LATRICIA KINLOW 1/23/17 A(; DA ITI M Tr1,LE Court Security Services Contract - Securitas CATEG 0RY ❑ Discussion ®Motion ❑ Resolution ❑ Ordinance ❑I3idA)vard ❑ Public Hearing ❑ Other Mtg Date Nltg Date 112311 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR ❑C'oun6il Mayor ❑FIR ❑DCD ❑.Finance El Fire ❑TS ❑P&R ❑Police EIPITI ®Court SPONSOR'S Securitas Security Services is the contractor who provides security screening for the court. SUMMARY They have provided this services for several years, and the court is currently pleased with the service they provide. Attached is the standard contract, and the funding is included in the council approved 2017-2018 budget. RI?VII?,WIID BY n C.O.W. Mtg. ❑ CDN Comm ❑ Finance Comm. ® Public Safety Comm. ❑ "Trans &Infrastructure ❑Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 1/17/17 COMMITTEE CI-FAIR: MCLEOD RECOMMENDATIONS: SPONsoR/ADMIN. Municipal Court COMMIrPFIE Unanimous Approval; Forward to Special Meeting Consent Agenda COST IMPACT / FUND SOURCE EXPENDI'CURI;REQUIRID AMOUNT BUDGETED APPROPRIATION REQUIRED $ $96,200.00 $ Fund Source: 2017-2018 MUNICPAL COURT BUDGET Comments: MTG. DATE RECORD OF COUNCIL ACTION 01/23/17 MTG. DATE ATTACHMENTS 1/23/17 Informational Memorandum Securitas Contract Minutes from the Public Safety Committee meeting of 1/17/17 147 148 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: PUBLIC SAFETY COMMITTEE FROM: LaTricia Kinlow, Court Administrator CC: Mayor Ekberg DATE: January 11, 2017 SUBJECT: Securitas Security Services USA, Inc. Contract ISSUE Securitas Security Services USA, Inc. provides security screening for the Tukwila Municipal Court. It is time to renew the contract. BACKGROUND The City has contracted services with Securitas dating back to June 2006. The court is pleased with their current level of services and desires to renew the contract for the 2017-2018 budget. DISCUSSION The current agreement has a termination date of February 28, 2017. The new contract will have a termination date of December 31, 2018. FINANCIAL IMPACT The Tukwila Municipal Court's 2017-2018 Budget includes security services. There are no additional expenses resulting from this new contract outside of what is already in the upcoming biennial budget. RECOMMENDATION I am requesting that this item moved to the January 23, 2017 consent agenda. ATTACHMENTS Contract for Services — Securitas Security Services USA, Inc. 149 150 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 Securitas Security Services USA, Inc., a Delaware corporation, hereinafter referred to as "the Contractor," whose principal office is located at 3633 136th Place SE, Suite 315, Bellevue, WA 98006. 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 B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $100,000. Contractor may raise its rates on 30 days' written notice to account for any increases in (a) health care, benefit, or insurance costs, (b) labor or fuel costs, (c) costs arising from changes to laws, regulations, or insurance premiums, (d) SUI or similar taxes, or (e) any other taxes, fees, costs or charges related to the services. 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 March 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 1-2013 Securitas-2017-2018 Contract.doc Page I of 6 151 6. Indemnification. The Contractor shall defend, indemnify and hold the City, its officers, agents, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile liability insurance shall cover all owned, non-owned, hired and ]eased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products-completed operations aggregate limit. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate 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 Liability Insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured- Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 152 CA Revised 1-2013-Securitas-2017-2018 Contract.doc. Page 2 of 6 C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. D. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. F. Notice of Cancellation. The Contractor shall 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 on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. 8. Record Keeping and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 1O.Termination. This Agreement may at any time be terminated by either party giving thirty (30) days written notice of 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 by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, 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. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or CA Revised 1-2013-Securitas-2017-2018 Contract.doc. Page 3 of 6 153 modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. 14. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16. Applicable Law; Venue., Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this_day of 1 20_. CITY OF TUKWILA CONTRACTOR: SECURITAS SECURITY SERVICES USA, INC By: tIlan Ekberg, Mayor P red Name and Title:&�;55cF- ATTEST/AUTHENTICATED: Address:3633 136th Place SE, Suite 315 City Clerk, Christy O'Flaherty Bellevue, WA 98006 APPROVED AS TO FORM: Office of the City Attorney CA Revised 1-2013-Securitas-2017-2018 Contract.doc. Page 4 of 6 154 EXHIBIT SCOPE OF SERVICES: Securitas Court Security Officer The Securitas Court Security Officer shall provide the following services and in accordance with Court Security Officer Manual: 1. The officer shall conduct a security sweep of the court and surrounding area prior to and after shift. Shift hours are daily 8:30 a.m.- 4:30 p.m. 2. Physically screen all persons, with few exceptions, entering the Tukwila Municipal Court. The initial and primary screening method shall be via the metal detector arch. A hand wand metal detector shall be employed after two unsuccessful passes through the arch. The officer shall also physical search all belongings patrons intend to bring into the court area. With proper identification, city employees and law enforcement personnel may bypass the screening process. 3. The officer shall temporarily store prohibited items (excluding firearms). The officer shall inform patrons that they must secure firearms elsewhere as they will not be stored by the Court. 4. The officer shall be responsible for calibration and general maintenance of the security equipment in accordance with manufacturer guidelines. 5. The officer shall be knowledgeable of the laws and rules that govern the security of court facilities and bring attention to the Tukwila Police any potential violations. The officer shall also be alert to any disruptive and/or unlawful behavior that may require police action. CA Revised 1-2013-Securitas-2017-2018 Contract.doc. Page 5 of 6 155 ������O[ � �^^° ...�� . � Semritas Security Services USA,Inc. City of Tukwila and SecuritasSecurity services USA, Inc.Contract for Services. Service Location: Tukwila Municipal Court 62OOSouthrenterBlvd. Tukwila,VVA981DQ Servicing Office Location: Securitos Security Services USA, Inc. 3633136mPLS.E.'Suite 31S Bellevue, WA 98006 Tel: (425) 653-1454 Fax: (42S) 658-15G8 Fees: City of Tukwila-TUKWILA MUNICIPAL COURT—2017 BUDGET YEAR—Effective January 1,2017 Bill Rate Overtime Service Rate TO Nr Oxcyl NA 'ecutity Security officer Greater than 90 $20.00 ay cer City of Tukwila-TUKWILA MUNICIPAL COURT—2018 BUDGET YEAR—Effective January 1, 2018 Bill Rate Overtime Rate Service Security Officer Greater than 90 days $21.-05 4O Hours Per Week is the Baseline Schedule. Overtime rates will be charged as incurred for all hours inexcess of the Baseline Schedule at1.5 times the Bill Rate. Additional Provisions: • Premium (Overtime) Rates: will apply for hours worked in excess of forty(40) hours per week. • Recognized Holidays:All recognized Federal Holidays. • Client requested additional training will be billed at the premium rate. w Company may nai o* its n�ee on 30 days' written notice to account for any increases in �) health cem, boneht, or insurance costs, (b) labor«'fuel costs, (c) costs arising from changes to laws, regulations,or insurance premiums, (d)8U\ or similar taxes,or(e)any other taxes,fees,costs or charges related to the Services. Page 6ofG CA Revised 1-2O13—Seouhbou-2U17-2O18Conhaddno. AMENDMENT Modifying Contract for Services Between City of Tukwila("City") and Securitas Security Services USA, Inc.("Contractor") The Contract for Services, and anything attached to, incorporated into or otherwise forming part of it (collectively, the "Agreement"), is modified as of its commencement as follows, and in case of any difference the following controls: 1. Contractor will defend, controlling such defense, and indemnify the City, and others to be defended or indemnified under the Agreement, against any claim or loss only to the extent the claim or loss is caused by the negligence of Contractor while acting within the scope of its specified duties. However, Contractor's liability will in no event exceed $2 million. Further, Contractor will not be liable for any (a) punitive or consequential damages, (b) damages arising from events beyond Contractor's reasonable control, or (c) injuries or deaths arising from any conditions of the premises where Contractors services are performed. 2. Notwithstanding anything to the contrary, in connection with the US Safety Act, each party waives all claims against the other for damages arising from or related to an act of terrorism, and the parties intend for this waiver to flow down to their respective contractors and subcontractors. 3. City acknowledges: (a) The City will be added as an additional insured under Contractor's General Liability insurance, not as an insured. Additional insureds will only be covered by Contractor's insurance for liability assumed by Contractor in this Amendment, subject to the terms of Contractor's insurance; and (b) If any of Contractor's required insurance is canceled, notice will be delivered in accordance with insurance policy provisions(a statement to this effect will be on Contractor's certificate of insurance). 4. With respect to Contractor's maintenance of records, Contractor will only be required to maintain such records for a period of 3 years after termination of the Agreement. 5. If Contractor provides any equipment in connection with Contractor's services, all such equipment is for Contractor's use and will always be Contractor property. Contractor will be provided with reasonable time and access to remove all its equipment upon termination of the Agreement. 6. Contractor may terminate the Agreement without cause or penalty upon thirty days' written notice. Also, either party may terminate the Agreement if Contractor's insurer cancels or materially alters Contractor's insurance. City of Tukwila Securitas Security Services USA, Inc. By: By: � - Name: Name: ✓�=5r-- �r�e G Title: Title: Date: Date: �l� 157 158 City of Tu kwi la City Council Public Safety Committee ,,4 PUBLIC SAFETY COMMITTEE Meeting Minutes January 17, 2017-5:30 p.m. -Foster Conference Room, 6300 Building Councilmembers: Thomas McLeod, Chair; Joe Duffie, De'Sean Quinn Staff: David Cline, Bob Giberson, Rachel Bianchi, Rick Mitchell, Trish Kinlow, Jay Wittwer, Laurel Humphrey CALL TO ORDER: Committee Chair McLeod called the meeting to order at 5:30 p.m. I. ANNOUNCEMENT II. BUSINESSAGENDA A. Interlocal Agreement:Valley Narcotics Enforcement Team Staff is seeking Council approval of an interlocal agreement with the cities of Auburn, Federal Way, Kent, Renton, Seattle and the Port of Seattle for continued participation in the Valley Narcotics Enforcement Team (VNET). Tukwila has participated in VNET, which is a multijurisdictional partnership with the Drug and Enforcement Administration on mid to high level narcotic investigations,forover25 years.The Department of Justice now requires a signed interlocal agreement which will be renewed every year. All of the other participating agencies have signed at this time. Councilmember Quinn noted that if the Department of Justice should make significant policy changes due to the changing Federal administration, the agreement should be re-examined at the time of the next renewal period. UNANIMOUS APPROVAL. FORWARD TO JANUARY 23,2017 COMMITTEE OF THE WHOLE. B. Contract: Court Security Services Staff is seeking Council approval of a contract with Securitas Security Services USA, Inc. for the continued provision of security services for the Tukwila Municipal Court for a term through December 31, 2017. The total amount will not exceed $100,000 and is reflected in the biennial budget. The Court continues to be very satisfied with the price and customer service provided by Securitas, which has an excellent reputation with local courts. UNANIMOUS APPROVAL. FORWARD TO JANUARY 23, 2017 SPECIAL CONSENT AGENDA. C. Framework for Public Safety Plan Siting Advisory Committee Staff is seeking Council approval of a framework for the Siting Advisory Committee associated with the Public Safety Plan.The Committee reviewed and discussed proposed responsibilities, makeup, meeting schedule, and staffing. Councilmember Quinn stressed the importance of a high ethical standard for appointees considering the lasting impact and subject matter of this committee,and requested input from the CityAttorneyon appropriate criteria. The Committee 159