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Home My WebLink About12-008 - B-Force Protection - 2012 Parks SecurityContract No.12 008 CONTRACT FOR SERVICES Council Approval N/A This Agreement is entered into by and between the City of Tukwila, Washington, a noncharter optional municipal code city hereinafter referred to as "the City and B -FORCE PROTECTION, hereinafter referred to as "the Contractor whose principal office is located at Tukwila, WA. 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. Scone 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 Pavment. 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 $12,000 per year at a rate of $1500 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 commencing January 1. 2012 and endins December 31, 2012 unless written notice to terminate the Agreement is given to the Contractor (as outlined in number 10) in this contract. 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. 6. Indemnification. The Contractor shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Contractor, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in 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. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and employees. 7. Insurance. A. The Contractor shall procure and maintain in full force throughout the duration of the Agreement comprehensive general liability insurance with a minimum coverage of $1,000,000.00 per occurrence /aggregate for personal injury and property damage. Said policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to the City. Cancellation of the required insurance shall automatically result in termination of this Agreement. I F 6Y H: \Contracts \Parks and Trails Contracts\Park Security\2012 B Force Contract.doc kn 1/26/2012 Page 1 of 4 B. Certificates of coverage as required by Paragraph A above shall be delivered to the City within fifteen (15) days of execution of this Agreement. 8. Record Keening 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. 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 or service on schedule and as outlined on Exhibit A 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 Contractor shall not discriminate 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. 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. This Agreement contains the entire Agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall 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 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. 15. Applicable 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 in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs f suit. DATED this X day of i—(A- Z C L-4 20 CITY OF1,TIUK� WIL By: Title: yor G�v A ST /AU HENTICATED: Christy O'Flahert�,CMC, City Clerk APPROVED AS TO FORM: Office of the City Attorney CONTRA R�13''FOcCc prn�Ch2iv� By: Title: PC e S Id, Printed Name: E b W 0 A S 4 NcN i C_ Address: C OX $4 Date approved by City Council: By: (Applicable if contract amount is over $25,000) HAContracts\Parks and Trails Contracts \Park Security\2012 B Force Contract.doc 1/26/2012 Page 2 of 4 Tukwila Park Facilities B -Force Protection Exhibit A Scope of Services DUTIES: The principal duties of B -Force Protection, and its officers, will be to concentrate on the prevention of loss of property. This will be attained by providing the following security services: Patrolling the property in uniform on foot or with fully marked patrol vehicle to detect and deter suspicious activity. Approaching and questioning of possible suspects and pending circumstance, ensuring the positive identification of the individual(s) involved. The officer will then act in accordance with the situation. The Officer will enforce all client rules and regulations, i.e. loitering, trespassing, etc. The Officer will contact Police if necessary on suspicious subjects and issue criminal trespass warnings to subjects who do not belong in the area. The Officer will lock -up any exterior doors found unlocked. Contractor agrees to open /close Tukwila Park facilities as outlined below: Location Open Close Days of Week Months 3rd Monday of February Memorial Day (at dusk) Independence Day July 4th Lee Phillips Restroom I Public Works I B -Force 17 days /week I Mar Nov Tukwila Park Restroom I Public Works I B -Force 17 days /week I Mar Nov Bicentennial Park Restroom I Public Works I B -Force 17 days /week I Jan Dec Tukwila Pond Restroom I Public Works I B -Force 17 days /week I Mar Nov Crystal Springs Restroom I Public Works I B -Force 17 days /week I Mar Nov Crestview Gate I Parks I B -Force I M, T, W, Th, F i Jan Dec Crestview Gate I B -Force I B -Force I Saturday Sunday I Jan Dec Duwamish Hill Preserve I Parks I B -Force I M, T, W, Th, F I Jan Dec Duwamish Hill Preserve I B -Force I B -Force I Saturday Sunday I Jan Dec TCC Restroom I Public Works I B -Force 17 days /week I Mar Nov TCC Skate Park Basketball Parks B -Force M, T, W, Th, F Jan Dec Court TCC Skate Park Basketball B -Force B -Force Saturday Sunday Jan Dec Court Fort Dent Park I Parks I Starfire I M, T, W, Th, F I Jan Dec Fort Dent Park I B -Force I Starfire I Saturday Sunday I Jan Dec Fort Dent Restroom I Parks I Bldg. Services I M, T, W, Th, F I Mar Dec Fort Dent Restroom I B -Force I Bldg. Services I Saturday Sunday Mar Dec Holidays: B -Force Opens and Closes as appropriate (see schedule abovel New Year's Day January 1 Martin Luther King Jr.'s Birthday 3rd Monday of January Presidents' Day 3rd Monday of February Memorial Day Last Monday of May Independence Day July 4th Labor Day 1 st Monday of September Veterans' Day November 11 Thanksgiving Day 4th Thursday of November Day after Thanksgiving Day 4 Friday of November Christmas Day December 25 The contractor shall not act in a manner to arrest, detain, or otherwise hold any individual(s) found to be on City property illegally or behaving in an illegal or suspected illegal manner. The contractor will immediately report all instances of illegal behavior to the Tukwila Police Department by calling 911. HAContracts\Parks and Trails Contracts\Park Security\2012 B Force Contract.doc kn 1/26/2012 Page 3 of 4 Tukwila Park Facilities B -Force Protection Exhibit B FEES PAYMENTS FEES: Security and Protection Services: Tukwila Park Facilities $1500 per month PAYMENTS B -Force Protection will submit an invoice for services provided in the previous month by the fifth of each month in the amount of $1,500 per month, not to exceed $18000 per year. Payment shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete work outlined in Exhibit A. Contractor's records and accounts pertaining to this contract are to be kept available for inspection by representatives of the City and State for a period of three (3) years after final payments. Copies shall be made available upon request. HAContracts \Parks and Trails Contracts \Park Security\2012 B Force Contract.doc 1/26/2012 Page 4 of 4