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AG 23-125 - PIERCE COUNTY SECURITYRETURN TO: AUTUMN OR MARY EXT: 6914 OR 6910 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV: PARKS 2. ORIGINATING STAFF PERSON: AUTUMN GRESSETT EXT: 6914 DATE REQ. BY:4/26/2023 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT * PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME: SECURITY SERVICES 1�9V, Cj1N QK'-I � FAGAUMCi 7 6. NAME OF CONTRACTOR: PIERCE COUNTY SECURITY, INC ADDRESS: 2002 99TH STREET EAST, TACOMA, WA 98445 SIGNATURE NAME: TELEPHONE 253-5354433 FAX: TITLE 7. EXHIBITS AND ATTACHMENTS: it SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: 5/1/2023 COMPLETION DATE: 6/30/2023 9. TOTAL COMPENSATION $ $7,000 NTE (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ENO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED BYES ONO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED K PURCHASING: PLEASE CHARGE TO: 1 i T — 1810 — 3 3I — 5 7L r 6 O — �%O 10. DOCUMENT/CONTRACT REVIEW ® PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) m LAW 11. COUNCILAPPROVAL (IF APPLICABLE) 12. CONTRACT SIGNATURE ROUTING INITIAL/ DATE REVIEWED AG 4/25/2023 JE 4/26/23 COMMITTEE APPROVAL DATE: NA INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: NA © SENT TO VENDOR/CONTRACTOR DATE SENT: 4/26/2023 DATE REC'D:4/28/2023 ®. ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) LAW DEPARTMENT SIGNATORY (MAYOR OR DIRECTOR) l L CITY CLERK "y ASSIGNED AG# COMMENTS: INITIAL / DATE SIGNED t 104 AG 2/'017 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www a 1yoffederolway com PROFESSIONAL SERVICES AGREEMENT FOR SECURITY FOR CITY PARKS AND FACILITIES This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Pierce County Security, Inc., a Washington corporation ("Contractor"). The City and Contractor (together "Parties") are located and do business at the below addresses, which shall be valid for any notice required under this Agi-ceinerit: PIERCE COUNTY SECURITY, INC.: Glen Weller, President 2002 99th Street E Tacoma, WA 98445 (253) 535-4433 (telephone) (253) 535-0747 (facsimile) The Parties agree as follows: CITY OF FEDERAL WAY: George Richen, Parks & Facilities Manager 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-6911 (telephone) (253) 835-2709 (facsimile) .com 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Services specified in this Agreement, but in any event no later than June 30, 2023 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the Parties. 2. SERVICES. The Contractor shall perform the services more specifically described in Exhibit A ("Services"), attached hereto and incorporated by this reference, in a manner consistent with the accepted professional practices for other similar services within the Puget Sound region in effect at the time those services are performed, performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. Services shall begin immediately upon the effective date of this Agreement. Services shall be subject, at all times, to inspection by and approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Agreement, notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days' written notice at its address set forth above. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 of this Agreement. Termination for such conduct may render the Contractor ineligible for City agreements in the future. 4. COMPENSATION. 4.1 Amount. In return for the Services, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit B, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for PROFESSIONAL SERVICES AGREEMENT - 1 - Rev. 7/2021 Federal Way CITY CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www c tyoffederalway. com herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit B, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance of Services and payment under this Agreement. 4.2 Method of Pa ent. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Services have been performed, the name of the personnel performing such Services, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Services. Payment shall be made on a monthly basis by the City only after the Services have been performed and within thirty (30) days following receipt and approval by the appropriate City representative of the voucher or invoice. If the Services do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. INDEMNIRCATION. 5.1 Contractor Indemnification. The Contractor agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless 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 fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives; arising from, resulting from, or in connection with this Agreement or the acts, errors or omissions of the Contractor in performance of this Agreement, 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, 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, the Contractor's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub -contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third parry under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub -contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, PROFESSIONAL SERVICES AGREEMENT - 2 - Rev. 7/2021 CITY OF CITY HALL Federal Allay Feder 8th Avenue South 8003 Federal Way, WA 98003-6325 (253) 835-7000 www cilyollederalway, com awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees, or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products -completed operations, stopgap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $1,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington. C. Automobile liability insurance covering all owned, non -owned, hired, and leased vehicles with a minimum combined single limit in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. d. Professional liability insurance with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate for damages sustained by reason of or in the course of operation under this Agreement, whether occurring by reason of acts, errors or omissions of the Contractor. 6.2. No Limit of Liability. Contractor's maintenance of insurance as required by this Agreement 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. The Contractor's insurance coverage 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 Contractor's insurance. 6.3. Additional Insured Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit C and incorporated by this reference. At the City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is terminated or upon project completion and acceptance by the City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential and subject to applicable laws. Breach of confidentiality by the PROFESSIONAL SERVICES AGREEMENT - 3 - Rev. 7/2021 CITY OF CITY HALL Federal Way Feder l Avenue South Federal Way, WA 98003-6325 (253) 835-7000 wwwrityoffadam1way mm Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records request. 8. WORD PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media, or material that may be produced or modified by Contractor while performing the Services shall belong to the City upon delivery. The Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services specified in this Agreement, and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review, or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay, or any other benefit of employment, nor to pay any social security or other tax that may arise as an incident of this Agreement. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the Services specified in this Agreement and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the Services. The Contractor shall pay all income and other taxes due except as specifically provided in Section 4 of this Agreement. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other entities or persons; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor 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 the Contractor's selection, the negotiation, drafting, signing, administration of this Agreement, or the evaluation of the Contractor's performance. 12. EQUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, honorably discharged veteran or military status, sexual PROFESSIONAL SERVICES AGREEMENT - 4 - Rev. 7/2021 CITY OF V;N�6 Federal 1111ay CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 wwwd1yoffederalway, com orientation including gender expression or identity, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Parts 21, 21.5, and 26, or any other applicable federal, state, or local law or regulation regarding non- discrimination. 13. GENERAL PROVISIONS. 13.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non -assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no f irtber assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Cornpliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence in 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 Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity, or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to PROFESSIONAL SERVICES AGREEMENT - 5 - Rev. 7/2021 CITY 05 CITY HALL Federal Wa Feder 8thAvenue 60 Federal Way, WA 900303-6325 (253) 8357000 www cr(yoflao'arafwnv corn exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules, and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; however, nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof, it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] PROFESSIONAL SERVICES AGREEMENT - 6 - Rev. 7/2021 VACITY OF � Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 335-7000 www..cr[y )7ark�rjl" aY com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. C TY OF FEDERAL WAY: ATTEST: Q� d G Jo Hutton, ar irector Th 'Pe Courtney, CMC Ci Clerk DATE: APPROVED AS TO FORM: J. Ryan Call, City Attorney PIERCE COUNT ECURITY, INC.: By: Printed Name:n , rli(e-.QEf�� Title: DATE: STATE OF WASHINGTON ) ) ss. COUNTY OF "Qntlffi-s d y er=410Fbf apeared before me ,� I'rc�l��Spn�to me known to be the � Pierce County SccutM Inc. that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. 7-� GIVEN my hand and official seal this day of —&2023 METT & ►., _0 N yf� �IVASVi Notary's signature Notary's printed name ��2a� ll/i Notary Public in and for the My commission expires PROFESSIONAL SERVICES AGREEMENT - 7 - Rev. 7/2021 CITY OF CITY HALL Federal ay Feder Avenue South Federall Way, WA 98003-6325 (253) 835-7000 www. atyofladerulway com EXHIBIT A SERVICES The Contractor shall do or provide the following: 1. The Contractor will furnish all labor, tools, vehicles and specialized equipment to accomplish the following contracted services: Locking gates and restrooms upon park closures, ensuring park patrons have left City property and restrooms prior to locking. Flexibility in locking schedule is required when seasonal events or permitted activities are occurring in parks after hours, such as concerts and softball or soccer tournaments, for example. 2. The Contractor shall have a Certified Protection Professional (CPP) professional on staff that can oversee and train staff properly. 3. The Contractor will ensure that employees comply with all applicable City of Federal Way and Washington State laws, regulations and practices with respect to work performed for the City of Federal Way. Contractor and employees shall be trained and skilled to perform security duties. 4. The Contractor's personnel will conduct themselves on site in a professional manner at all times. 5. Each employee will wear or display the company's name and/or logo while performing work under the contract. Vehicles working on City sites will have company name and phone number displayed. 6. Immediately report any damage, potential hazard, or non -life -threatening situations involving City property such as, but not limited to broken water lines, vandalism, graffiti, etc., to the City of Federal Way Parks Department on -call staff by calling (253) 835-2700. 7. All emergencies or life -threatening events, such as; fires or criminal activities should be reported to the Police/Fire Communications Center by calling 911 immediately. 8. Incidents, altercations, or accidents involving the public shall be reported to the City's contract administrator within 24 hours. The administrator, at their discretion, may require a written report from the Contractor describing the incident or accident. 9. The Contractor, at their expense, will remedy any damage to public or private property in a timely manner. PROFESSIONAL SERVICES AGREEMENT - 8 - Rev. 4/2023 C#TY OF Federal Way Locations & Specifications: Celebration Park -1095 S. 324th St CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. crfyofWardAvay. com Upper softball plaza — check facility "A" and lock restrooms, lock north and south plaza gates Check lower restroom facility `B" and lock restrooms Visually check facility "C" (maintenance building) is secured City Hall - fenced fleet parking lot near; 600 S 333rd St ■ Lock 2 gates to the fleet vehicles, on the north side of the parking lot (note: there are 2 other fenced areas that are managed by the Police Dept.) Dumas Bay Sanctuary - 30844 40h Ave SW Lock entrance gate Unlock entrance gate by 7:00 AM French Lake Park - 31531 Vt Ave S Lock entrance gate to the off -leash dog area (May - Aug. locked @ 9 PM; Sept. - April locked @ Dusk) Steel Lake Park and Sports Annex - 2410 S. 312th St • Lakeside — lock the entrance gate, lock walk through gate on west sitle, check beach facility & lock restrooms, drive by and check other buildings and lock the exit gate • Sports Annex side - check restroom facility and lock restrooms Lakota Park - 31334 SW Dash Point Road (softball fields) • Lock restrooms and check that gates are secured Sacajawea Park -1401 S Dash Point Rd. (Soccer and softball) e Lock upper restrooms near playground • Lock lower restrooms near softball fields Saghalie Park - 33914 1911h Ave. SW (behind the school) Lock upper restroom by tennis courts Lock lower restroom by softball fields • Lock gate leading toward lower restroom by softball fields. ■ Lock gate to upper parking lot from SW 340th PROFESSIONAL SERVICES AGREEMENT - 9 - Rev. 4/2023 CITv OF CITY HALL Federal Way Feder Avenue South AN Federall Way, WA 98003-6325 (253) 835.7000 www.C"Yolfederahvray. eom EXHIBIT B COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed seven thousand and 00/100 Dollars (S7,000.00). 2. Method of Compensation: Pierce County Security, Inc. monthly rate schedule Monthly Rates: CelebrationPark................................................................................. , ..............$375 per month City Hall fenced fleet parking... ,.......................................................................... .-$180 per month Dumas Bay Sanctuary (to close & open........................ ................. . ............................. 1 0 p $ 8 r month e FrenchLake Park.... .... - - - .......... ................................................................$180 per month Steel Lake and Sports Annex ................ ........... ............................ ............................. $300 per month LakotaPark ......... .............................................................................................. $180 per month SacajaweaPark..................................................................................................$300 per month SaghaliePark....................................................................................................$175 per month TownSquare ............................. ...................................................................... $180 per month PantherLake.....................................................................................................................................$180 per month 3. Additional Services as Needed: In consideration of the Contractor performing additional Services as needed, the City agrees to pay the Contractor an amount calculated on the basis of the hourly labor charge rate schedule for Contractor's personnel as shown below: • Trouble calls at the contracted locations listed shall be charge at $40.00 per hour, per incident. e Onsite guard service, if needed, will be charged at $40.00 per hour when given at least 24 hour prior notice. If given less than 24 hour notice, the service charge will be $60.00 per hour. 4. Method of Payment: Payment by the City for the services will only be made after the services have been performed, an itemized billing statement is submitted in the form specified by the City and approved by the appropriate City representative, which shall specifically set forth the services performed, the name of the person performing such PROFESSIONAL SERVICES AGREEMENT - 10 - Rev. 4/2023 CITY OF CITY HALL V� Federal Way ay Feder l Avenue South Federal Way, WA 98003-6325 (253) 836-7000 wWW.64Dffadam1way com services, and the hourly labor charge rate for such person. Payment shall be made on a monthly basis, thirty (30) days after receipt of such billing statement. PROFESSIONAL SERVICES AGREEMENT -11 - Rev. 4/2023 Washing,rifo `i State Depa'tment of Revenue < Business Lookup License information: New search Back to results Entity name: PIERCE COUNTY SECURITY, INC. Business name: PIERCE COUNTY SECURITY, INC. Entity type: Profit Corporation UBI #: 600-455-865 Business ID: 001 Location ID: 0001 Location: Active Location address: 2002 99TH ST E TACOMA WA 98445-5448 Mailing address: 2002 99TH ST E TACOMA WA 98445-5448 Excise tax and reseller permit status: Click here Secretary of State status: Click here Endorsements Filter Endorsements held at License # Count Details Status Expiration First issuai i Aberdeen General 216343 Active Jan-09-20; Business - Non - Resident Endorsements held at License # Count Details Bremerton General 28127 Business - Non - Resident Federal Way 11-10196- General Business - Non -Resident Fife General Business - Non - Resident Fircrest General Business - Non - Resident Lacey General 1257 Business - Non - Resident Lakewood General BL16-0023 Business - Non - Resident Milton General Business - Non - Resident Minor Work Permit Montesano General 5796 Business - Non - Resident Olympia General 3833 Business - Non - Resident Status Expiration First issuai Active Jul-31-202 Sep-01-20 Active Jul-31-202 May-19-2( Active Jul-31-202 Nov-22-2( Active Jul-31-202 May-29-2( Active Jul-31-202 Jan-21-19! Active Jul-31-202 May-05-2( Active Jul-31-202 May-11-2( Active Jul-31-202 Sep-11-2C Active Jul-31-202 May-12-2( Active Jul-31-202 Apr-01-19 Endorsements held at License # Count Details Puyallup General 970236 Business - Non - Resident Sumner General Business - Non - Resident Tumwater General R-003916 Business - Non - Resident University Place General Business - Non -Resident Status Expiration First issuai Active Jul-31-202 Jul-02-19c, Active Jul-31-202 May-18-2( Active Jul-31-202 Nov-14-1� Active Jul-31-202 May-07-2( Governing People May include governing people not registered with Secretary of State Governing people WELLER, GLEN WELLER, TROY The Business Lookup information is updated nightly. Search date and time: 4/28/2023 9:52:47 AM Contact us How are —e doing? Take o�urvey! Don't see what you expected? Check if your browser is supported T �L DATE (MMIDDIYYYY) AC R" CERTIFICATE OF LIABILITY INSURANCE 4/28/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSU.RER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement s). O PRODUCER NAAME Cr Colin Dooley Arthur J. Gallagher Risk Management Services, LLC PHONE FAX 1501 Market Street yy 206-607-0936 A/c 0:2534572-i430 Suite 250 ADO IL • Colin Do& a' .com Tacoma WA 98402 INSURER(§J AFFORDING COVERAGE NAIC # INSURER A: Allied World Su[plus Lines Insurance Company 24319 INSURED INSURER B : Vanta ro Specialty Insurance Company 44768 Pierce County Security Inc 2002 East 99th Street INSURER C: Tacoma, WA 98445 INSURER D : INSURER E : INSURER F : I^COTICI -A M L11111AOCD• 40.1 r1']9017 RFVICIf1N NI IMRFR THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN MR TYPE OF INSURANCE ADDL S Vn POLICY NUMBER MM/DD POLICYEFF MMLI O E7IP LIMITS L R A X COMMERCIAL GENERAL LIABILITY Y Y 5200403000 6/30/2022 6/30/2023 EACH OCCURRENCE $1,000,000 CLAIMS -MADE OCCUR DAMAGE P EMISES JEa eccurrence $ 100,000 X MED EXP (Any one person) $ 10,000 INCLUDING E&O X $5,000 DED PERSONAL & ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 5,000,000 PRODUCTS - COMP/OP AGG $ 5,000,000 POLICY X PRO-JECT LOC $ OTHER; B AUTOMOBILE LIABILITY 5202040400 6/30/2022 6/30/2023 CEaOMB NacGdmlED SINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ X ANY AUTO BODILY INJURY (Per accident) $ OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED X AUTOS ONLY X AUTOS ONLY PROPERTY DAMAGE PeT nt $ A X UMBRELLA LIAB X OCCUR N 5201172700 6/30/2022 6/30/2023 EACH OCCURRENCE $ 10.000,000 AGGREGATE $ 10,000.000 EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE 5200403000 6/30/2022 6/30/2023 PTEAR UTE X IER 1 WA STOP GAP E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 OFFICER/MEMBEREXCLUDED? ❑ (Mandatory In NH) NIA E.L. DISEASE - POLICY LIMIT $ 1.000,000 If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached If more space Is required) PCS #10595. The certificate holder is named as an additional insured as respects their interest in the operations of the Named Insured as required by written contract. This insurance is primary and non-contributory. A waiver of subrogation applies. r­R Alrl NI I a I Ir 1hi SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Federal Way Municipal Court ACCORDANCE WITH THE POLICY PROVISIONS. 33325 8th Ave S AUTHORIZED REPRESENTATIVE Federal Way WA 98003 USA W-I%FOG.&V I U/1{.rVRu l.Vrtrvrw 11v14. M11 Ilul-1ca 1V. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 5200-4030-00 COMMERCIAL GENERAL LIABILITY CG 20 10 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s Locations Of Covered Operations Blanket Basis — Any entity that the named insured Any through written contract or agreement agrees to include as an additional insured. Item 4.b. of Section IV — commercial liability conditions is amended by the addition of the following: (3) this insur- ance is primary and /or noncontributory to any coverage afforded to the "additional insured" if a written contract or agreement states the named insured agrees to name a person or entity as an additional insured. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; Whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 0413 Policy Number: 5200-4030-00 ID Code: COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization(s): Location And Description Of Completed Operations Blanket — As required by written contract or Any agreement Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 Policy No: 5200-4030-00 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Notwithstanding any other provision of this policy to the contrary, the insurance afforded to an additional insured under this policy will be primary to, and non-contributory with, any other insurance available to that person or organization in the event a contract or agreement you enter into requires you to furnish insurance to that person or organization of the type provided by this policy. GL 00021 00 (07/09) Policy Number: 5200-4030-00 COMMERCIAL GENERAL LIABILITY ID Code: 001 CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization against whom you have agreed to waive your right of recovery in a written contract provided such a contract was executed prior to the date of loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 0 Pierce County Security { Pacific Coast Security . 2002 99th Street East, Tacoma, WA 98445, www.pcswa.com April 28, 2023 To Whom it may concern, I am one of the governing authorities for Pierce County Security, Inc. Robert S. McPherson, Contract Administrator, has authority to sign and execute contracts on behalf of Pierce County Security, Inc. Glen L. "-/ _& Vice-Presiderit of Pierce County Security, Inc. Date