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HomeMy WebLinkAboutSpecial 2012-12-10 Item 6A - Agreement - Court Security with Securitas Security Services for $80,020COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by 12/10/12 TK Mayor's review ( `r V Conncil review 1r�1 v' ITEM INFORMATION ITEM No. STAFF SPONSOR: LATRICIA KINLOW ORIGINAL AGENDA DATE: 12/10/12 AGENDA ITEM TITLE Securitas Security Services USA, Inc. 12/10/12 Motion Date 12/10/12 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date CATEGORY ■ Discussion ■ Mtg Date Mtg SPONSOR ❑ Counci l ❑ Mayor n DCD ❑ Finance ❑ .Fire E IT ❑ P&R ❑ Police ❑ PW I Court SPONSOR'S The City has a signed contract with Securtas for court security services since June 2006 SUMMARY (contract #06 -098). In an effort to have consistent language and requirements with all city vendors, this new contract includes the insurance liability language requirements. The scope of services is the same and the compensation remains at $40,000 /year during the 2013 -2014 budget cycle. REVIEWED BY ❑ COW Mtg. ❑ Utilities Cmte DATE: M CA &P Cmte ❑ F &S Cmte ❑ Transportation Cmte ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: HOUGARDY ❑ Arts Comm. RECOMMENDATIONS: SPONSOR /ADMIN. COMMITTEE Tukwila Municipal Court Approved by Chair Hougardy to go to the Special Meeting COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $40,500, per year $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 12/10/12 MTG. DATE ATTACHMENTS 12/10/12 Informational Memorandum dated 12/3/12 Securitas Contract 141 142 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Community Affairs and Parks Committee FROM: LaTricia Kinlow, Court Administrator DATE: December 3, 2012 SUBJECT: Securitas Security Services USA, Inc. Contract ISSUE Securitas Security Services USA, Inc. provides security for the Tukwila Municipal Court. The current contract does not include the language now required by the City of Tukwila. Therefore a new contract is required. BACKGROUND The City has a contract with Securitas dating back to June 2006, which in the past only required an annual addendum to address the change in compensation for such services. The City recently revised City contracts to ensure consistency and address insurance requirements. As a result, there is a need to for a new contract with Securitas. DISCUSSION The current agreement has a termination date of December 31, 2012. To ensure the court has security on January 1, 2013, we are expediting this process. FINANCIAL IMPACT The Tukwila Municipal Court's 2013 -2014 Budget includes security services. There are no additional expenses resulting from this new contract outside of what is already in the upcoming biennial budget. The scope of services is the same and compensation remains at $40,000 a year during the 2013 -2014 budget cycle. RECOMMENDATION Due to the end of year scheduling, I am requesting that this item be forwarded to the December 10, 2012 Special meeting. ATTACHMENTS Contract for Services — Securitas Security Services USA, Inc. 143 144 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: 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 office is located at 3633 136th Place SE, Suite 315, Bellevue, WA 98006. WHEREAS, the City has determined the need to have certain security services performed for its citizens but does not have the manpower or expertise to perform such security services; and WHEREAS, the City desires to have the Contractor perform such security 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 $80,020. 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 January 1, 2013 and ending December 31, 2014, 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 1 of 4 145 6. Indemnification. The Contractor shall defend (and control such defense), indemnify and hold the City, its officers, agents, officials, employees and volunteers (the "City Parties ") harmless from any and all claims, injuries, damages, losses or suits including reasonable attorney fees, arising out of or in connection with the performance of this Agreement (each a "Claim "), but only to the extent that any such Claim is caused by the negligence or misconduct of Contractor, its employees or agents while acting within the scope of their duties and authority. However, Contractor's liability to the City Parties will in no event exceed $2 million, and Contractor will not be liable to the City Parties for any punitive or consequential damages or damages arising from events beyond Contractor's reasonable control. 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 leased 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 Endorsement ISO form CG 25 03 11 85 or an equivalent endorsement. The City shall be named as an additional 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. Additional insured will only be covered by Contractor's insurance for liability assumed by Contractor in this Agreement, subject to the terns of Contractor's insurance 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 CA Revised 2012 Page 2 of 4 146 maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 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 endeavor to provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within 30 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. 10. Termination. This Agreement may at any time be terminated by either party giving to the other party at least thirty (30) days written notice of its 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, each party 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; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes CA Revised 2012 Page 3 of 4 147 all prior negotiations, representations, or agreements written or oral. No amendment or 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 reasonable attorney's fees and costs of suit. 17. US Safety Act. 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. DATED this 4th day of December, 2012. CITY OF TUKWILA Mayor CONTRACTOR: SECURITAS SE P ' TY SERVICES USA, ► C. By: ,! Printed Name and Title d _\c vt -per (\\)? Address: 3633 136th Place SE, Suite 315 Bellevue, WA 98006 Attest/Authenticated: Approved as to Form: City Clerk Office of the City Attorney CA Revised 2012 Page 4 of 4 148 • h A SCOPE OF SERVICES: Seeuritas Court Security Officer The Semites court security officer shall provide the fallowing 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. to 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 hard wand metal detector shall be employed after two unsuccessful passes through the arch. The officer shall also physically 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 on City property. 4. The officer shall be responsible for calibration and general maintenance of 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 he alert to any disruptive and/or unlawful behavior that may require police action. E X H I B I T A a . 149 Exhibit B City of Tukwila and Securitas Security Services USA, Inc. Contract for Services. Service Location: Servicing Office Location: Tukwila Municipal Court 6200 Southcenter Blvd. Tukwila, WA 98188 Securitas Security Services USA, Inc. 3633 136th PL S.E., Suite 315 Bellevue, WA 98006 Tel: (425) 653 -1454 Fax: (425) 653 -1568 The following available rates would be in effect from 1/1/13 to 12/31/2014: $19.00 Bill Rate for New Officer Hired in 2013 - Based on 2000 Hours - Budget is $38,000 $19.76 Bill Rate for Experienced Officer - Based on 2000 Hours - Budget is $39,520 $19.57 Bill Rate for New Officer Hired in 2014 - Based on 2000 Hours - Budget is $39,140 $20.25 Bill Rate for Experienced Officer - Based on 2000 Hours - Budget is $40,500 *Bill Rates include Medical Insurance Coverage 40 Hours Per Week is the Baseline Schedule. Overtime rates will be charged as incurred for all hours in excess of the Baseline Schedule at 1.5 times the Bill Rate. 150