Loading...
HomeMy WebLinkAboutContract CAG-18-095 AGREEMENT FOR SECURITY SERVICES FOR JULY 4TH EVENT 2018 THIS AGREEMENT, dated 5/9/18, 2018, is by and between the City of Renton (the "City"), a Washington municipal corporation,and Pacific Security,a division of Parker Corporate Services, Inc. ("Consultant"), a Washington corporation. The City and the Consultant are referred to collectively in this Agreement as the "Parties." Once fully executed by the Parties, this Agreement is effective as of the last date signed by both parties. 1. Scope of Work: Consultant agrees to provide security services for the City's July 4th event at Gene Coulon Park as specified in Exhibit A,which is attached and incorporated herein and may hereinafter be referred to as the"Work." 2. Changes in Scope of Work: The City, without invalidating this Agreement, may order changes to the Work consisting of additions, deletions or modifications. Any such changes to the Work shall be ordered by the City in writing and the Compensation shall be equitably adjusted consistent with the rates set forth in Exhibit A or as otherwise mutually agreed by the Parties. 3. Time of Performance: Consultant shall commence performance of the Agreement pursuant to the schedule(s) set forth in Exhibit A. All Work shall be performed by no later than July 4,2018. 4. Compensation: A. Amount. Total compensation to Consultant for Work provided pursuant to this Agreement shall not exceed$7,500.00(seven thousand five hundred dollars and no cents), plus any applicable state and local sales taxes. Compensation shall be paid based upon Work actually performed according to the rate(s)or amounts specified in Exhibit A.The Consultant agrees that any hourly or flat rate charged by it for its Work shall remain locked at the negotiated rate(s) unless otherwise agreed to in writing or provided in Exhibit A. Except as specifically provided herein, the Consultant shall be solely responsible for payment of any taxes imposed as a result of the performance and payment of this Agreement. B. Method of Payment.On a monthly or no less than quarterly basis during any quarter in which Work is performed, the Consultant shall submit a voucher or invoice in a form specified by the City, including a description of what Work has been performed,the name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Consultant shall also submit a final bill upon completion of all Work. Payment shall be made by the City for Work performed within thirty (30) calendar days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Consultant's performance does not meet the requirements of this Agreement,the Consultant will correct or modify its performance to comply with the Agreement. The City may withhold payment for work that does not meet the requirements of this Agreement. C. Effect of Payment.Payment for any part of the Work shall not constitute a waiver by the City of any remedies it may have against the Consultant for failure of the Consultant to perform the Work or for any breach of this Agreement by the Consultant. D. Non-Appropriation of Funds.If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City shall not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period,and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated.No penalty or expense shall accrue to the City in the event this provision applies. S. Termination: A. The City reserves the right to terminate this Agreement at any time,with or without cause by giving ten (10) calendar days' notice to the Consultant in writing. In the event of such termination or suspension,all finished or unfinished documents,data, studies, worksheets, models and reports, or other material prepared by the Consultant pursuant to this Agreement shall be submitted to the City, if any are required as part of the Work. B. In the event this Agreement is terminated by the City, the Consultant shall be entitled to payment for all hours worked to the effective date of termination,less all payments previously made. If the Agreement is terminated by the City after partial performance of Work for which the agreed compensation is a fixed fee, the City shall pay the Consultant an equitable share of the fixed fee.This provision shall not prevent the City from seeking any legal remedies it may have for the violation or nonperformance of any of the provisions of this Agreement and such charges due to the City shall be deducted from the final payment due the Consultant. No payment shall be made by the City for any expenses incurred or work done following the effective date of termination unless authorized in advance in writing by the City. PAGE 2 OF 10 6. Warranties And Right To Use Work Product: Consultant represents and warrants that Consultant will perform all Work identified in this Agreement in a professional and workmanlike manner and in accordance with all reasonable and professional standards and laws. Compliance with professional standards includes, as applicable, performing the Work in compliance with applicable City standards or guidelines(e.g.design criteria and Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall certify engineering plans,specifications,plats,and reports,as applicable, pursuant to RCW 18.43.070. Consultant further represents and warrants that all final work product created for and delivered to the City pursuant to this Agreement shall be the original work of the Consultant and free from any intellectual property encumbrance which would restrict the City from using the work product. Consultant grants to the City a non-exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and display all final work product produced pursuant to this Agreement. The City's or other's adaptation, modification or use of the final work products other than for the purposes of this Agreement shall be without liability to the Consultant.The provisions of this section shall survive the expiration or termination of this Agreement. 7. Record Maintenance: The Consultant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Work provided in the performance of this Agreement and retain such records for as long as may be required by applicable Washington State records retention laws,but in any event no less than six years after the termination of this Agreement.The Consultant agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charges and/or to comply with the Washington State Public Records Act(Chapter 42.56 RCW). The provisions of this section shall survive the expiration or termination of this Agreement. 8. Public Records Compliance:To the full extent the City determines necessary to comply with the Washington State Public Records Act, Consultant shall make a due diligent search of all records in its possession or control relating to this Agreement and the Work, including, but not limited to, e-mail, correspondence, notes, saved telephone messages,recordings,photos,or drawings and provide them to the City for production. In the event Consultant believes said records need to be protected from disclosure, it may,at Consultant's own expense,seek judicial protection.Consultant shall indemnify, defend,and hold harmless the City for all costs, including attorneys'fees,attendant to any claim or litigation related to a Public Records Act request for which Consultant has responsive records and for which Consultant has withheld records or information contained therein,or not provided them to the City in a timely manner.Consultant shall produce for distribution any and all records responsive to the Public Records Act request PAGE 3 or 10 in a timely manner,unless those records are protected by court order.The provisions of this section shall survive the expiration or termination of this Agreement. 9. Independent Contractor Relationship: A. The Consultant is retained by the City only for the purposes and to the extent set forth in this Agreement.The nature of the relationship between the Consultant and the City during the period of the Work shall be that of an independent contractor, not employee. The Consultant, not the City, shall have the power to control and direct the details, manner or means of Work. Specifically, but not by means of limitation, the Consultant shall have no obligation to work any particular hours or particular schedule, unless otherwise indicated in the Scope of Work or where scheduling of attendance or performance is mutually arranged due to the nature of the Work.Consultant shall retain the right to designate the means of performing the Work covered by this agreement, and the Consultant shall be entitled to employ other workers at such compensation and such other conditions as it may deem proper, provided, however, that any contract so made by the Consultant is to be paid by it alone,and that employing such workers,it is acting individually and not as an agent for the City. B. 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 Consultant or any employee of the Consultant. C. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the Consultant agrees to notify the City and complete any required form if the Consultant retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Consultant's failure to do so. 10. Hold Harmless:The Consultant agrees to release,indemnify,defend,and hold harmless the City,elected officials,employees,officers,representatives,and volunteers from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings,judgments, awards, injuries,damages, liabilities,taxes, losses, fines,fees, penalties,expenses,attorney's or attorneys'fees,costs,and/or litigation expenses to or by any and all persons or entities, arising from, resulting from, or related to the negligent acts, errors or omissions of the Consultant in its performance of this Agreement or a breach of this Agreement by Consultant, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence PAGE OF 10 relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate...)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 Consultant and the City, its officers, officials, employees and volunteers,Consultant's liability shall be only to the extent of Consultant's negligence. It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Consultant's waiver of immunity under the Industrial Insurance Act, RCW Title 51,solely for the purposes of this indemnification.The Parties have mutually negotiated and agreed to this waiver.The provisions of this section shall survive the expiration or termination of this Agreement. 11. Gifts and Conflicts: The City's Code of Ethics and Washington State law prohibit City employees from soliciting, accepting, or receiving any gift, gratuity or favor from any person,firm or corporation involved in a contract or transaction.To ensure compliance with the City's Code of Ethics and state law,the Consultant shall not give a gift of any kind to City employees or officials. Consultant also confirms that Consultant does not have a business interest or a close family relationship with any City officer or employee who was,is,or will be involved in selecting the Consultant,negotiating or administering this Agreement,or evaluating the Consultant's performance of the Work. 12. City of Renton Business License:The Consultant shall obtain a City of Renton Business License prior to performing any Work and maintain the business license in good standing throughout the term of this agreement with the City. Information regarding acquiring a city business license can be found at: httpirentonwa.gov/businessJdefaaIt.aspx?id-548&mid=328. Information regarding State business licensing requirements can be found at: http://dor.wa.gov/contentJdoingbusiness/registermyj usiness/ 13. Insurance:Consultant shall secure and maintain: A. Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B. In the event that Work delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per occurrence. "Professional Services", for the purpose of this section,shall mean any Work provided by a licensed professional or Work that requires a professional standard of care. orf- PAGE 5 Of 10 C. Workers' compensation coverage, as required by the Industrial Insurance laws of the State of Washington,shall also be secured. D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired or non-owned, with minimum limits of$1,000,000 per occurrence combined single limit,if there will be any use of Consultant's vehicles on the City's Premises by or on behalf of the City,beyond normal commutes. E. Consultant shall name the City as an Additional Insured on its commercial general liability policy on a non-contributory primary basis.The City's insurance policies shall not be a source for payment of any Consultant liability,nor shall the maintenance of any insurance required by this Agreement be construed to limit the liability of Consultant to the coverage provided by such insurance or otherwise limit the City's recourse to any remedy available at law or in equity. F. Subject to the City's review and acceptance, a certificate of insurance showing the proper endorsements,shall be delivered to the City before performing the Work. G. Consultant shall provide the City with written notice of any policy cancellation, within two(2)business days of their receipt of such notice. 14. Delays: Consultant is not responsible for delays caused by factors beyond the Consultant's reasonable control.When such delays beyond the Consultant's reasonable control occur,the City agrees the Consultant is not responsible for damages, nor shall the Consultant be deemed to be in default of the Agreement. 15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or encumber any rights, duties or interests accruing from this Agreement without the written consent of the other. 16. Notices:Any notice required under this Agreement will be in writing,addressed to the appropriate party at the address which appears below(as modified in writing from time to time by such party), and given personally, by registered or certified mail, return receipt requested, by facsimile or by nationally recognized overnight courier service. Time period for notices shall be deemed to have commenced upon the date of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first business day following transmission.Email and telephone may be used for purposes of administering the Agreement, but should not be used to give any formal notice required by the Agreement. PAGE 6 OF 10 CITY OF RENTON PACIFIC SECURITY Ir Kelly Beymer Bud Tweten 1055 South Grady Way 2009 Iron Street Renton,WA 98057 Bellingham,WA 98225 Phone:(425)430-6600 Phone:800-743-2737 Click here to enter text bud@pacsecurity.com Fax:(425)430-6701 Fax:360-671-9184 17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification,the Consultant agrees as follows: A. Consultant, and Consultant's agents, employees, representatives, and volunteers with regard to the Work performed or to be performed under this Agreement,shall not discriminate on the basis of race,color,sex,religion,nationality,creed,marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment,in employment or application for employment, the administration of the delivery of Work or any other benefits under this Agreement,or procurement of materials or supplies. B. The Consultant will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed,color,national origin,sex,age,sexual orientation, physical,sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment,upgrading,demotion or transfer, recruitment or recruitment advertising, layoff or termination,rates of pay or other forms of compensation and selection for training. C. If the Consultant fails to comply with any of this Agreement's non-discrimination provisions, the City shall have the right, at its option, to cancel the Agreement in whole or in part. 0. The Consultant is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws, worker's compensation, and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton Council Resolution Number 4085. PAGE 7 OF 10 18. Miscellaneous:The parties hereby acknowledge: A. The City is not responsible to train or provide training for Consultant. B. Consultant will not be reimbursed for job related expenses except to the extent specifically agreed within the attached exhibits. C. Consultant shall furnish all tools and/or materials necessary to perform the Work except to the extent specifically agreed within the attached exhibits. D. In the event special training, licensing,or certification is required for Consultant to provide Work he/she will acquire or maintain such at his/her own expense and, if Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform the Work, said employee/sub-contractor/assignee will acquire and or maintain such training,licensing,or certification. E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to other entities,so long as there is no interruption or interference with the provision of Work called for in this Agreement. F. Consultant is responsible for his/her own insurance, including, but not limited to health insurance. G. Consultant is responsible for his/her own Worker's Compensation coverage as well as that for any persons employed by the Consultant. 19. Other Provisions: A. Approval Authority. Each individual executing this Agreement on behalf of the City and Consultant represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Consultant. B. General Administration and Management. The City's project manager is Shirley Anderson. In providing Work, Consultant shall coordinate with the City's contract manager or his/her designee. C. Amendment and Modification. This Agreement may be amended only by an instrument in writing,duly executed by both Parties. D. Conflicts.In the event of any inconsistencies between Consultant proposals and this Agreement,the terms of this Agreement shall prevail.Any exhibits/attachments to this Agreement are incorporated by reference only to the extent of the purpose for which they are referenced within this Agreement. To the extent a Consultant prepared exhibit conflicts with the terms in the body of this Agreement or contains PAGE 8 OF 10 terms that are extraneous to the purpose for which it is referenced,the terms in the body of this Agreement shall prevail and the extraneous terms shall not be incorporated herein. E. Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Renton.Consultant and all of the Consultant's employees shall perform the Work in accordance with all applicable federal, state, county and city laws, codes and ordinances. F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the other as a result of the preparation, substitution, submission or other event of negotiation,drafting or execution. G. Jurisdiction and Venue.Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent,King County,Washington,or its replacement or successor. H. Severability.A court of competent jurisdiction's determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement,which shall remain in full force and effect. I. Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. J. Time is of the Essence.Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor.Adherence to completion dates set forth in the description of the Work is essential to the Consultant's performance of this Agreement. K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. L. Binding Effect.The Parties each bind themselves,their partners,successors,assigns, and legal representatives to the other party to this Agreement,and to the partners, PAGE 9of 10 successors,assigns,and legal representatives of such other party with respect to all covenants of the Agreement. M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party's failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either the City or Consultant from enforcing that provision or any other provision of this Agreement in the future.Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. N. Counterparts. The Parties may execute this Agreement in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS WHEREOF,the Parties have voluntarily entered into this Agreement as of the date last signed by the Parties below. CITY OF RENTON Pacific Security c--; By: /4� //� By:i��� �'" ~ ' 1 elly Beym ,Adm"itrator Bud Tweten,Vice President Community Services Department Pacific Security /Y/ig cliy Date Date Approved as to Legal Form Shane Moloney Renton City Attorney Contract Template Updated 12/2G/2017 PAGE 10 OF 10 *`*" * Protecting Pacific Northwest businesses, (800) 743-2737 events, and government agencies since 1972 WWW PACSECURITY COM 2009 Iron Street 2929 Bond Street 23 S Mission Street (360)733-2884 (425)316-8700 (509)662-7609 EC U R I Bellingham Everett Wenatchee 42, 0 Contract for Security Services 7 Client Site Information Name: City of Renton Project City of Renton-July 4th City' Renton Address' Gene Coulon Park at 1201 Lake Washington Blvd State&Zip: WA 98057 Contact: Shirley Anderson Title: Recreation Supervisor Phone: (425)430-6400 Email: sanderson@rentonwa.gov Fax: Cell: Billing Information Address: 1055 S Grady Way City: Renton State&Zip' WA 98057 Contact Shirley Anderson Phone: PO#. Invoice Email Address: sanderson@rentonwa.gov Parent Account: Agreement Client desires to have Pacific Security provide security services as described below for those premises indicated in this agreement It is hereby agreed that Pacific Security will provide services under the following terms of this contract and per any attached addendum.Further,Pacific Security is a division of Parker Corporate Services,Inc.(PCS),and any reference in Contract for Security Services of Pacific Security is a reference to PCS Pacific Security agrees to provide the following security services to Client as specified below: $37.50 per hour,per officer Schedule: Four(4)unarmed Security officers 07/04/18 06:30-22:00 One(1)unarmed Security Officer:07/04/18 06:30-23 00 One(1)unarmed lead security officer(split shift 4 hours each)10:00-14:00 and 17.00-21:00 1. Any security services,in addition to those set forth above,will be provided upon Client's written request and incorporated into this Agreement 2. Scheduling changes with less than 24 hour notice will be billed at time and a half rate. 3. Payments shall be made payable to Pacific Security,sent to:2009 Iron Street,Bellingham,WA 98225. aeenntyservicr.+ rlkse6tieatefe-dee-aadpeyaalaypea-reeeiptefinvettearttfp85tdve 30cteyethereafter. -_..Shauldaither-pally wistrtoterminate-this-Agreement-they meydoso byvi g14e-ether fsactyat-least-303aysadvance wdtien-notiee•of-the- date-desired for larrnirlatton of security services. 6. There is a four hour minimum charge for all hourly services. 7. Any services cancelled with less than 12 hour notice will be subject to a four hour minimum charge per security officer. 8. Requested overtime and federal holiday coverage will be billed at time and a half rate. 8..-- iientwllfbe WWIain addittdTTar r7ihto'service charge-permontherrthebalanceefethp.t dim'mounts:Cttenrfuntier'8gr0usit7fray"altnnrttey feaS and ntkor rnoort;nn rncic-W.ki. - C-SecUnly S t231 -fleadgvarters-is-located in-WhatcontCounty,Washington.nil•-is understood-that-ia-t eeveat-of-suit-erastioa.all-ldigaiion-will-tekepleee-tRSeltingham;Whatcom-County;Washingtonr-The-etient-understands- tbatiheyare-waiving-their-rightto litigate-outside-of Whatcom County,Washington;Glient gives-their-permission-to Pacific-Security and/or its agents to verify and-oruoclemeoLtbeinfom atien-stated-hereon. 10. There will be an annual 3%rate increase. Records will be maintained regarding the contracted security services,indicating the dates and times. Remarks will be made for those things which appear to require Client's attention or incidents of interest which may have occurred,but did not warrant notifying the Client or law enforcement Pacific Security retains records of service for at,period yerieryeriAsind such records are available to Client upon request. Client Representative € " c-< t., r 0-t:r7( t' The undersigned agrees to make payment of all sums owed pursuant of this Agreement and further agrees to all additional terms of service Client Signature: Date: Signature indicates Client has read and accepts terms of pages 1-3 of Contract Client Name: Title/Position: Pacific Security Rep: Bud Tweten VP of Development Date: idereW p&,41118- Agreement page 1 of 3 Contract for Security Services Pacific Security A division of Parker Corporate Services,Inc. Pacific Security Is a division of Parker Corporate Services,Inc.(PCS).Any '''' . cZors or employees, then this indemnity prevj,siow 61T be valid and reference in Contract for Services of Pacific Security is a reference to Parker enforces the extent of thatiiBGicetsrparty's negligence,or that of its Corporate Services,Inc. officers, agents, elected-rffieisle<,II(CBQtors or employees. The obligations set forth in this sect •engTT'survive the exriiiIttctr-er:..,e tier termination of this tiling 8 Payment A reem Client sc�,ea a service charge of 1.5%per g - ` Y 9 ti7a * * '�a a e due of ,c- all past due accounrfaa-all n attorney fees, which may be 9.Agreeneare_L gaiit r - incurred by PCS in ion of an 7Thvoiee(c,-.Oe p_aid pursuant to the It is agreed by and between11 tieeiaati.,'CS,thatif-anytermS or provisions forms of thisAgtasernent. -., of this Agreement and attached ad g dppdymf5t sra1�'tSra deia�ined to be invalid ---- or illegal,all the remajfingtemfs and provisions shall remain in ftttferce,and 2. _--.cellation Due to Non-Payment . effect. �. Notwiths1afltlieg... thing to the contrary�t eleir'SCS may terminate this Agreement at any tirn`8 bNac y mile ice to Client's last known address 10.Client Will Not Hire PCS Employees effective on date of mailin 's failure to pay any Monies due Except as provided,in this Agreement,Client agrees that it will not directly hire hereunder,or if at adytirra during the term of t i ent there shall be filed or employ a PCS employee currently employed by PCS within one (1) year by or against..-etient in any court pursuant to any s a etition in following the termination of this agreement. bantswetC", insolvency, reorganization or the appointment of a re to -receive all or a portion of the Client's property. 1 . nt Assumes Responsibility,If Client Gives Instruction The secun officers_,furnished by PCS will perform such services as agreed 3."7tgreemegL erm and Renewal - upon by PCS and-L"Itent.--Jhe security services-ehIll be performed in Both parties agree t a ->..-nt shall cpmmertte on start of service and accordance with PCS policy an p"TDeedures endtJenerai industry standards. If be in full force and effect for a •_ -- • . - e 'Initial Term"). The the Client alters any instructions or elirectiorts given by PCS to any security Agreement will automaticalirrerew for one year periods(I - -.'- Term") officers and such direction or syperfision is inconsistetttvdtbi applicable policies unless terminal sd- slant to Section 2 above. The Initial Term and Rene -- and procedures or incloirrstandards, or if the Client ass t.any direct Term shat► a collectively referred to herein as the"Tern". supervision or direettfn of the security officers,the Client shall be sole•t'lwttte for any ar•,d.atrTosses,claims,expenses or damages arising from or relative to 4. er thegent actions or omissions of such security officers. Either party may terminate this A r thirty(30)days advance written rip•a4e er party. , 12.PCS Allowed Access to PCS Equipment ---.. Any and all property, equipment, supplies and materials furnished by PCS 5.PCS is not an Insurer hereunder and places at or on any of the Agreement,shall remain the property The nature and level of security services provided were determined solely by of PCS,and PCS shall at all times during and after the term of this Agreement the Client and Client acknowledges that additional security services were have the sole and exclusive right to install,maintain,replace and remove such available to Client at an additional cost.iP3-3"'ftabtlttpelttleStric-sheik)e-limiied property,equipment,supplies and materials. .Sri.. t-stair-te e,,,ced 9t,8B6,994:90. PCS will add client as an Additionally Insured to its General Liability Policy and provide a copy of that 13.Client Emergency Phone Number List certificate when requested in writing by client. Client agrees to provide PCS with the names and phone numbers of persons to be contacted in case of an emergency. It is the responsibility of the Client to 6.Client Alarm Systems update the emergency information and to keep it current. Further, it is the In the event customer's premises are protected by an alarm system: A). If Client's responsibility to inform PCS of any changes affecting the protected Client contacts PCS to respond to an alarm, PCS cannot guarantee any premises. Client agrees that PCS shall not be responsible for any loss or minimum response time, but will respond in a reasonable and efficient manner damage,which is caused,by Client's failure or inability to notify PCS of changes when notified; B). In checking or inspecting the Clients premises after concerning the Client's premises or to update emergency information. responding to an alarm PCS,its agents or employees will take whatever actions that would be taken by a reasonable person,under similar circumstances,and it 14.Client Is Responsible For Insurance of Their Own Vehicles will be judged by that standard; and C). PCS shall not be responsible for In the event PCS employees are requested or required to use client vehicles in payment of any charges assessed by law enforcement agencies for responding the performance of their duties,such vehicles shall be fully insured by the Client to false alarms. and Client assumes any and all liability for any injury to person or damage to property resulting from the use of Client vehicles, unless other arrangements 7.Liability for Loss of Keys have been made in writing and are agreed upon by Client in writing. PCS will endeavor to maintain key control,within industry standards.If Client's keys are lost or stolen,the limit of liability payable to the Client by PCS shall not 1 . • Agreement Supersedes Prior Agreements exceed$500.00. This Agree - - .ersedes any and all prior Agreements, or5t or written, between the parties. a. • - q•reement or representatiortt,oral or written, 8. : .nt Indemnity Agreement have been made by PCS. Any ate- '•: u.. rcation or amendment of this Each p. -.rees to defend and hold the other party and its respectlyia-' 1Tcers, Agreement must be in writjpp,cti?tT fining tl a T att4 of an authorized agents, elect-. •iicials, directors and employees harmless heed any and all representative ofprvt-fJ3(r y. The parties agree that there artr- jird party damages, costs,ex.='-=s and fees, including reasonable attorney's fees.and beneficratiaete is Agreement. from any judgments and s - law,or equity of,y4rd(soever nature(hereinafter ,.,...-------- "actions") _----""actions")brought against the of = -:rty trjzectry or indirectly arising from,or in 18,'Agreemartt.tj Correspondence connection with,or incident to(i)a b,--- • he provisions of this Agreement by Client and PCS agree-Nardi,'tiontacts...czrespondenee;'d7endum,and other the party or(ii)the negligent or., ntional act • .missions of that party or its written material transmitted.by--mattiTax, a-malt,an/lor-any other means of officers, agents, director employees in connec •- th this Agreement; common) eccepferi"communications shall be legally binding upon itottr$aarties. provided that nothing-Herein shall require either party to '•- the other party -- harmless from ons caused by or resulting from the sole neg i. e of said 2-Ars_eptance of Service Is an Acceptance of Agreement party,its peeers,agents,elected officials,directors or employees,and . : 'ded In the event;Vis"' T ereeeUs�gbmitted to the_guelltierre T lient's signature, furthey.'tfiat if any such actions are caused by or result from the concurr- and service is accepted and beingpr erfALis.A reement will, in its entirety, negt'gence of the parties or their respective officers, agents, elected officials, be binding and in fulljor evntess otherwise expresser n`AiritieQ.-_-- Client Signature: Date Client City of Renton Gene Coulon Park at 1201 Lake Washington Blvd Agreement page 2 of 3 Site Information Location Name: City of Renton Address: Gene Coulon Park at 1201 Lake Washington Blvd Renton,Washington 98057 United States Division: PS-T Schedule of Service Start Date: 7/4/2018 1 End Date: 7/4/2018 1 Mobile Patrol Service Day Hours Checks per Night: Sunday Number of Days per Week: Monday Emergency Response: Tuesday Towing: Wednesday Thursday Friday Saturday Site Instructions To Be Filled Out By Client J Site Contact: Site Phone: Email Electronic Reports To: TIN: Emergency Call Out List Order Name Title or Position Phone(inctude area code) Note le 2nd 3rd 4th 5th Facility Alarm Code: Lock Combinations: Yes If no,list instructions: Restrooms Available On Site: No Not applicable Additional Instructions Agreement page 3 of 3