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AG 16-023 RE URN -0- O0G|NAJHNODB'|]DPV: Court OR|G|NAJ|NGS[4FTP�K�O�� mwmte EXT: 3019 _____ lDAT'G REQ.BY� TYPE OFDOCDMBNT(CHBCK0N8): OCONTkACTOR SELECTION D0CUMENT(E{l`KFI8.kFpKF0) OPUBLIC WORKS CONTRACT O SMALL OR LIMITED PD8L\C WORKS CONTRACT ,I PROFESSIONAL SERVICE AGREEMENT OM/\|yVl'BNANCEAORGBMGrVT I GOODS AND SERVICE AGREEMENT 0Bi)bJANSBRV|CES/CDBO D REAL ESTATE DOCUMENT O SECURITY DOCUMENT(co BOND xsLArcnoocumswrS) UORD|NANCE OFiE8OLUT|ON 1AICONTKACTAMENDWENT(AG4): O |NTBK\.00/\[. [] OTHER PROJECT NAME: security Services --- __-- _ ---------- ---- -------..... ------ NAME OP CONTRACTOR:'pierc-ecoi="-ty m�_ _____ ___- __------- --------------------------------- ADDRESS: zmouvm Street East Tacoma.ww9844 TELBPHONE1253-535744,33 ___-____ E'Pvl/\U.: robmm@n=wo c"m F&X:us3-5an-0wr S|GNA11JK6N/\0lE: Contract Administrator /. / ,' EXHl0T8 AND 0l)\CHyvl2NT8:O ycupc,WORK OR SERVICES [Il0 »owpcwoxnum O |mmunrNcsnc0umem�wTs,/ccnTmc^xc [] A| / 'n HER xcexcwcsocxnm/Tu [] PROOF ormnxomrrnoSIGN O xcVmnuoucsmooS �0 ,umxCON mAc�TxmovomuwTS TERM: C0KJMENCENIENTDAT6: Ja~«mvl.2016 COMPLETION DATE: December.»1,t,2021 _ T0T&LCONPENS/(DON Ss27,4000n .... ...... -___ (INC cocE,EXPENSES AND SALES FAX.|rAmv) (11Cx|1m.x|coownnumxt.x130xc|mmJs'x1'4xc||sO|sou/.ssVrswr0\ac8l|Tt.ssxwonouoxYxx|eS) KElMBOKS ABLE EXPENSE:[]YoS II0wo S .......... __ nsm.cs TAX owso O,sa 0mo |,Ycs, PAID o,:O CONTRACTOR OCITY KG'[A|N&GE: KsrxI NAG eA6xcsmamT(ssscomTx ACT) ox []KsTx|wA0s BOND r|u/v|os WPUKC||AS|lN6: PLEASE CHARGE TO: 111.2-zmu-,/z's2,-7o-490 ____ ________ O REVIEW � |� PKO]E(�[��\C£K n�* e�-20e0 cm��meo �� DIRECTOR L] RISK MANAGEMENT (x m`puCxuLs) O LAW _MP i/12/2111_ ___ COmm|nr6eAprK0vx|.DxTE: C0//wCx.Arpn0v&|'DATE: ________ 2 CONTRACT S8GNAT0RE ROUTING | S[INTFDV2NDOR/CON'TRA.CTOR DATE8ENT: DA7GK2C`D� ONTl&C|(: S|GNIVTUREAUT||ORlTY, [N3UKANCE CERTIFICATE, UCEN32S, EX|DBITS CRE, 'E ELECTRONIC REPOINDER,"NOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE (Inclmlc dep(. support sta]Vihiccea'w-y and I`eel I)CC to set noLifi0l,ioll inore(hiin a monfli in advance ifeoullcil approval is needed,) (] LAW DEPARTMENT �\[( KY(n�,0x0xD|xFCl0n) [] CiTYC\.BlK m�� ~ �] ASS|ONEDA6� &G# ZNTS: `| ]/l021 ' 8c_Sure m obtain a current hnso,aocccur/prior zo execution � �� C11 ry 0 F C 111 Y ��A` L 33325 Sth AverIL11P, Sm.M Federal Way,VVA 98003 6325 Federial 'Way (253) 835-700C AMENDMENT NO. 3 TO PROFESSIONAL SERVICES CONTRACT FOR PIERCE COUNTY SECURITY SERVICES This Amendment ("Amendment No. 3") is made between the City of Federal Way, a Washington municipal corporation("City"),by and through the Federal Way Municipal Court("Court"),and Pierce County Security,Inc.,a Washington corporation("Contractor").The City and Contractor(together"Parties"),for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for Pierce County Security Services ("Agreement") dated effective January 1, 2016 and amended by Amendment Nos. I and 2 as follows: 1. ANI ENDED TERM.The term of the Agreement,as referenced by Section I of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services,but in any event no later than December 31, 2021 ("Amended Term"). 2. AMENDED COMPENSATION.The amount of compensation,as reference by section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit B-3), attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rates for the Amended Term. Except as otherwise provided in an attached Exhibit, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 3. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto,not modified by this Amendment, shall remain in full force and effect.Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments,as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment,which is binding on the parties of this contract. [Signature page follows] AMENDMENT - 1 - 10-5-18 Ce r y OF CITY HALL 33325 8th Avenue SOL[th Federal 'Way Federa[Way,WA 98003-6325 (253) 835-7000 .nvw cifyoffederoi may corn IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: By _. Jim Ferrel ayo i.e� Courtiey �MC (I[ty Clerk DATE: .. �. .... w.... .. —. APPROVED AS TO FORM:. MLTNICIP,,,I C.Q j.C " By'. „�_ J. Ryan Call, City Attorney David Larson, Pres�l'ig Judge ...._ .. DATE: .. .. v�. .... ....,�. PIERCE COUNTY 11IAY, INC.: BY: .. Printed Name: ' Title: .,.`.. _. _! .... Date: Ck STATE OF WASHINGTON) ) ss. COUNTY OF PIERCE ) On i s �a pers()� y ��@ peare� ry te �+' 0.. 4j �V,4"110^5i') to me known to be the "24, oft ,eyr L that executed the foregoing 1 t.. e .�.,. before m_ .� instrument,and acknowledged the said instrument to be ie free and� o ferry act and deed of said corporation,for the uses and liLir iiecitioned, and on oath stated that he/she was authorized to execute said instrument and that the " �, c$ " the corporate seal of said corporation. � u_ G y liam� x lIc seal this t1 o o ' m. to . y % P�p I ,q*. Notary's signature � .m Notary's printed name .� a; M. M � , o �t Notary Public in and for the State�o i'Wsli I gto . My commission expires_,' AMENDMENT - 2 10-5-18 C 111-1 Y 0,F CRY ��ALL_ 33325 Sth Avem,�e So Ah Federall/Vew Federal 'Nay,"OVA 98003 6325 (2553) 835-7000 EXHIBIT B-3 ADDITIONAL COMPENSATION I Total Compensation: In return for Security Services during the Amended Tenn, the City shall pay the Contractor an additional amount not to exceed Eighty-Eight Thousand Seven Hundred Four and 00/1000 Dollars ($88,704.00). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed Five Hundred Twenty-Seven Thousand Four Hundred and 00/100 Dollars ($527,400.00). 2. Method of Compensation: Hourly rate: In consideration of the Contractor performing the Services, 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: $26.40 per hour for unarmed Security Officer(s) an increase of$1.01 per hour. Overtime and holiday bill rate is built in to hourly rate. AMENDMENT - 3 - 10-5-18 I I RETURN TO: c v �h EXT: 30 / CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM . ORIGINATING DEPT./DIV: ri vh, c p ck I C.c v:4- . . ORIGINATING STAFF PERSON: Iv r �-->h � ��- EXT: J JI c 3. DATE REQ.BY: . TYPE OF DOCUMENT(CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION l'CONTRACT AMENDMENT(AG#): ❑ INTERLOCAL ❑ OTHER . PROJECT NAME: 'SE C -1-1 ,S� r� NAME OF CONTRACTOR: 'l7; C-r c C ry y c -, 41 1-r c ADDRESS:0.7 00 9- 99 J ►r Com+ E wA ' SANS TELEPHONE --s-3S-- yy33 E-MAIL: r ' e_r-- cD rr`s„ ��a FAX:.2)-S-.S-3.5`- U 7'17 SIGNATURE NAME: 'go Lc,- S rI PJ, ers TITLE d•�;n;rfryfr". EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES ❑ COMPENSATION D INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES X PRIOR CONTRACT/AMENDMENTS . TERM: COMMENCEMENT DATE: a 0 146" COMPLETION DATE: TOTAL COMPENSATION$ NY- + 5yu 1 ` k ✓D l (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF E PLOYEES ITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE:❑YES M NO IF YES,MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑YES RI NO IF YES,$ PAID BY:❑CONTRACTOR❑CITY RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDE IA PURCHASING: PLEASE CHARGE TO: I I a2 DO - 112 S-2 - SCJ - '19 U 0. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED CW.-PROJECT MANAGER fY I1..' 1 0 `s''/ DIRECTOR --'�r 3v1 rl ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW - c- «12‘tv[lt I. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 2. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: Z-I `t 'I 9 DATE REC'D: ❑ 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.) INITIAL`/DATTEJS I NED ❑ LAW DEPARTMENT po31GNATORY(MAYOR OR DIRECTOR) �j /`moi ❑ CITY CLERK I. ❑ ASSIGNED AG# AG n-b vj ❑ SIGNED COPY RETURNED DATE SENT: S" .tot • ;OM IErA I :� ChatNitO 71444/040( ✓int" u,niR I CITY OF CITY HALL , ., .. Federal Way_ 33325 8th Avenue South Federal Way,WA 98003003 -6325 (253)835-7000 www atyoffederaiway corn AMENDMENT NO. 2 RECEIVED ED PROFESSIONAL SERVICES CONTRACT JAN 28 FOR 2019 PIERCE COUNTY SECURITY SERVICES FIV it t IPAL CQ This Amendment ("Amendment No. 2") is made between the City of Federal Way, a Washington municipal corporation("City"),by and through the Federal Way Municipal Court("Court"),and Pierce County Security,Inc., a Security Company, a Washington corporation("Contractor"). The City and Contractor (together"Parties"),for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for Pierce County Security Services ("Agreement") dated effective January 1, 2016 as follows: 1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than December 31, 2020 ("Amended Term"). 2. AMENDED COMPENSATION. The amount of compensation, as reference by section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit B-2, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rates for the Amended Term. Except as otherwise provided in an attached Exhibit,the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 3. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto,not modified by this Amendment, shall remain in full force and effect.Any and all acts done by either Party consistent with the authority of the Agreement,together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement,as modified by any prior amendments,as it existed prior to this Amendment.The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] AMENDMENT - 1 - 10-5-18 CITY OF CITY HALL 33325',�,... Federal Way Feder 8th Avenue 8003 Federal Way,WA 98003-6325 (253)835-7000 www cityoffedera/way corn IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: dllBy: � -e:y r , / Ji el , Mayor .h. ie Courtney, C ity Clerk DATE: /C7 APPROVED AS TO FORM: MUNICIP L COIRT: &X—lef By: J. Ryan Call, City Attorney David Larson,Presiding Judge DATE: I ( 3 _ PIERCE COUN SECURITY, INC.: By: Printed Name: � '. 014 9/ 0o� Title: /Lt u t) Date: I (Z 5/Z'i STATE OF WASHINGTON ) ) ss. COUNTY OF PIERCE ) On this day personally appeare before me e3L4 3'. -ite,esv4/ to me known to be the C6 ACr A i,i 4R 4 of rc 4r 4✓ _roc, that executed the foregoing instrument,and acknowledged the said instrument to be the free and oluntary act and deed of said corporation,for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. `0►v', J 111v i nd official seal this S day of Ute'` 0„ .NY . ��`;•o�' d/ Notary's signature 2�1/ � _ _ 10 NO En TANotary's printed name . ., 3s�' ,rJ / RY : _ ` Notary Public in and for the Sta - of 'ashin. on. '� • PUBIC My commission expires daq1Y V AS AATte AMI ! M\TT - 2 - 10-5-18 41/4 CITY OF CITY HALL 44„4 .... Federal Way 33325 8th Avenue South Federal Way,WA 9800303 -6325 (253)835-7000 www cityoffederaiway com EXHIBIT B-2 ADDITIONAL COMPENSATION 1. Total Compensation: In return for Security Services during the Amended Term, the City shall pay the Contractor an additional amount not to exceed One Hundred Eighty-Four Thousand and 00/100 Dollars ($184,000.00). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed Four Hundred Thirty-Eight Thousand Six Hundred Ninet- Six and 00/100 Dollars ($438,696.00). 2. Method of Compensation: Hourly rate: In consideration of the Contractor performing the Services, 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: $24.60 per hour for unarmed Security Officer(s) an increase of$1.13 per hour. Overtime and holiday bill rate is built in to hourly rate. AMENDMENT - 3 - 10-5-18 I I RETURN TO: Su LA; ; \_e_ EXT: 30 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT. /DIV: r'i.dn, Co yr ORIGINATING STAFF PERSON: Su z 9-- TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., ❑ PUBLIC WORKS CONTRACT tg PROFESSIONAL SERVICE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE ,, 2 I�.CONTRACT AMENDMENT (AG #): 11., o23 ❑ OTHER EXT: .30) (9 3. DATE REQ. BY: RFB, RFP, RFQ) ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ MAINTENANCE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ RESOLUTION ❑ INTERLOCAL . PROJECT NAME: Se- Cvr, �-'1 � er_ NAME OF CONTRACTOR: e- P: e tc Vy Ye-c. c • ADDRESS: ,20 OA 19 J (eA-'F 1� / Tiic�.,A U 4 `1 9493- TELEPHONE oZ Yf-S3S^-W33 E -MAIL: FAX:o?13- 3S = 0717 SIGNATURE NAME: 'Pe c '-P1) e (1-)•■ TITLE . EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES IS- PRIOR CONTRACT /AMENDMENTS • . TERM: COMMENCEMENT DATE: T v- 2 s r3 I/ oq 0) 8 COMPLETION DATE: 1?, Zo / &' TOTAL COMPENSATION $ 0201 6 q 6. 00 ( ADO 1I 5- , t64) (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CIHARGE -ATTACH SCH'EDULES OF EMPLOY S TITLES AND HOLIDAY RATES) gl.NO IF YES, MAXIMUM DOLLAR AMOUNT: $ 4410 IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY REIMBURSABLE EXPENSE: ❑ YES IS SALES TAX OWED ❑ YES RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDE L PURCHASING: PLEASE CHARGE TO: Ira -,210.0 70 —LIW 0. DOCUMENT /CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED RI- PROJECT MANAGER f'r-` "-; I d 0 - I -7 ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW deL 10(21 - /fl I . COUNCIL APPROVAL OF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 2. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: I/ '3- /i DATE REC'D: It/ 3//, ❑ 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 yq SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# ❑ SIGNED COPY RETURNED ;OMMENTS: \ \�2 Yet small INITIAL / ll AT SIGNED N161111=0,/ tt_iJ 141111Zik111 AG# DATE SENT: CITY OF Federal Way C1'Th' HALL 33325 ath Avenue South Federal Way, WA 98003 -6325 ;253 836-7000 sY 4P ;t. l-s2e to /wayc+u» AMENDMENT NO. 1 TO PROFESSIONAL SERVICES CONTRACT FOR PIERCE COUNTY SECURITY SERVICES This Amendment ( "Amendment No.1 ") 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 Pierce County Security Inc., Contractor (together "Parties "), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for Security Services ( "Agreement ") dated effective January 1, 2016 as follows: 1. AM EN DED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than December 31, 2018 ( "Amended Term "). 2. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit B -1, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rates for the 1 year Term. Except as otherwise provided in an attached Exhibit, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 3. (,KNERA1. PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] AMENDMENT -1 - 3/2017 Y OP Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 96003-6325 (263) F3E-70O0 vimlycow IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CIT FERAL WAY: rell, Mayor DATE: ///24,g4 PIERCE COUNT ECURITY, By: Printed Name: Robert S. McPherson Title: Contract Administrator DATE: November 21, 2017 STATE OF WASHINGTON) ) ss. COUNTY OF Pierce FED L WAY UNICIPAL COURT: David Lar on, Presiding DATE: 1 2, C' k, Stephanie Co , CMC APPROVED AS TO FORM: J. Ryan Call, City Attorney --k c'fkikr-1 NV Pilt:lt.‘ ;Ai il On this day personally appeared before me .#0mett-ernti4i , to me known to be the Contract Administrator of Pierce County Security, 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 mentiiti011tItolvoloath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the coutiNsgeal cfni trporation .. . ...., --, A • 'P.' AEN my h i el • al seal this day of NI, ve r 2'6 p - ›. ' 42 1.\ ".• PROFF, 0111,16,11) ilAVICES AGREEMENT N -2 - 5/2017 Notary's signature a t' Notary's printed name Notary Public in and for the State of Washington. My commission expires_j. I% 4,744 Federa Way EXHIBIT B-1 ADDITIONAL COMPENSATION CITY HALL 33326 8th Avenue South Federal Way, WA 98003-6325 (2:73) 835-7000 ;vs t; ettt, $ilt tway, con; 1 Total Compensation: In return for Security Services, the City shall pay the Contractor an additional amount not to exceed Eighty-Five Thousand and 00/100 Dollars ($85,000.00). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed Two Hundred Fifty-Four Thousand Six Hundred and Ninety-Six and 00/100 Dollars ($254,696.00). 2. Method of Com nsation: Iourly Rate In consideration of the Contractor performing the Services, 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: $23.47 per hour for unarmed Security Officers. Overtime and holiday bill rate is built in to hourly rate. AMENDMENT -3 - 3/2017 ® A CORE) CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DD/YYYY) 6/19/2017 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 INSURER(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). PRODUCER Arthur J. Gallagher Risk Management Services, Inc. P.O. Box 2925 Tacoma WA 98401 -2925 CONTACT Michelle Dyck PHONE 206 607 -0957 FAx 253 572 -1430 (A /C, No Fef) • fA /C. No): E-MAIL ADDRESS' michelle_dyck @ajg.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A :Philadelphia Indemnity Insurance Company 18058 INSURED Pierce County Security Inc Glen Weller 2002 East 99th Street Tacoma WA 98445 INSURER B : PHPK1669755 INSURERC: 6/30/2018 INSURER D : $1,000,000 INSURER E : $100,000 INSURER F : •829197824 REVISION NUMBER: 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. INSR LTR TYPE OF INSURANCE ADDL INSD SUBTF WVD POLICY NUMBER POLICY EFF (MM/DDIYYYY) POLICY EXP (MM /DD/YYYY) LIMITS A x COMMERCIAL GENERAL LIABILITY Y Y PHPK1669755 6/30/2017 6/30/2018 EACH OCCURRENCE $1,000,000 DAMAGE RENED PREMISES O(Ea occurrence) $100,000 CLAIMS -MADE H OCCUR MED EXP (Any one person) $5,000 X Including E &O PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $5,000,000 GE 'L AGGREGATE POLICY OTHER: X LIMIT APPLIES JER� PER: LOC PRODUCTS - COMP /OP AGG $5,000,000 $ A AUTOMOBILE X X LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY X SCHEDULED AUTOS NON -OWNED AUTOS ONLY PHPK1669755 6/30/2017 6/30/2018 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE N N PHUB588329 6/30/2017 6/30/2018 EACH OCCURRENCE $10,000,000 AGGREGATE $10,000,000 $ DED X RETENT ON $10,000 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/ N N / A PHPK1669755 6/30/2017 6/30/2018 PER X OTH- STATUTE ER WA STOP GAP E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) GL ai wos PI- GLD -SG 02/09 GL pnc PI- MANU -1 01/00 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. CERTIFICATE HOLDER CANCELLATION City of Federal Way Municipal Court 33325 8th Ave S Federal Way WA 98003 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD PI- GLD -SG (02/09) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY DELUXE ENDORSEMENT: SECURITY SERVICES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed that the following extensions only apply in the event that no other specific coverage for these extensions are provided under this policy. If such specific coverage applies, the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy, unless otherwise noted on this endorsement. The following is a summary of the Limits of Insurance and additional coverages provided by this endorsement. For complete details on specific coverages, consult the policy contract wording. Coverage Applicable Limit of Insurance Page # Damage to Premises Rented to You $1,000,000 2 Watercraft Used in Security Services only 2 Medical Payments $20,000 2 Medical Payments — Extended Reporting Period 3 years 2 Supplementary Payments — Bail Bonds $2,500 3 Supplementary Payments — Loss of Earnings $500 per day 3 Employee Indemnification Defense Coverage for Employees $15,000 3 Additional Insured — Broadened Named Insured Included 3 Additional Insured — Managers and Supervisors Included 3 Additional Insured — Managers, Landlords, or Lessors of Premises Included 3 Additional Insured — Lessors of Leased Equipment — Automatic Status When Required in Lease Agreement With You Included 4 Additional Insured — Grantors of Permits Included 4 Additional Insured -- Blanket Additional Insureds by Contract Included 4 Limited Rental Lease Agreement Contractual Liability $50,000 5 Transfer of Rights of Recovery Against Others To Us Clarification 5 Duties in the Event of Occurrence, Offense, Claim or Suit Included 5 Unintentional Failure to Disclose Hazards Included 6 Liberalization Included 6 Bodily1njl = Mentai Anguish Included 6 Assault and Battery Coverage with Extended Property Damage Included 6 Errors and Omissions Coverage Included 7 Incidental Medical Malpractice Included 9 Page 1 of 9 © 2009 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI- GLO -SG (02/09) A. Damage to Premises Rented to You 1. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the word fire is changed to fire, lightning, explosion, smoke, or leakage from automatic fire protective systems where it appears in: a. The last paragraph of SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions; b. SECTION III — LIMITS OF INSURANCE, Paragraph 6.; and c. SECTION V — DEFINITIONS, Paragraph 9.a. 2. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the words fire insurance are changed to insurance for fire, lightning, explosion, smoke, or leakage from automatic fire protective systems where it appears in SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Subsection 4. Other Insurance, Paragraph b. Excess Insurance. 3. The Damage To Premises Rented To You Limit section of the Declarations is amended to the greater of: a. $1,000,000; or b. The amount shown in the Declarations as the Damage to Premises Rented to You Limit. This is the most we will pay for all damage proximately caused by the same event, whether such damage results from fire, lightning, explosion, smoke, or leaks from automatic fire protective systems or any combination thereof. B. Watercraft SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph g. Aircraft, Auto Or Watercraft does not apply to security services performed on or about watercraft. C. Medical Payments — Limit Increased, Extended Reporting Period If COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part: 1. The Medical Expense Limit is changed subject to all of the terms of SECTION III — LIMITS OF INSURANCE to the greater of: a. $20,000; or b. The Medical Expense Limit shown in the Declarations of this Coverage Part. 2. UnzierSECTION-I = COVERAGES; COVERAGE -C MEDICAL-PAYMENTS, Subsection 1. Insuring Agreement, Paragraph a., Item (b) is amended to read: provided that: (b) The expenses are incurred and reported to us within three years of the date of the accident; and Page2of9 © 2009 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI- GLD -SG (02/09) D. Supplementary Payments In the SUPPLEMENTARY PAYMENTS — COVERAGES A AND B provision, Items 1.b. and 1.d. are amended as follows: 1. The limit for the cost of bail bonds is changed from $250 to $2,500: and 2. The limit for loss of earnings is changed from $250 a day to $500 a day. E. Employee Indemnification Defense Coverage In the SUPPLEMENTARY PAYMENTS — COVERAGES A AND B provision, the following is added: We will pay, on your behalf, defense costs incurred by an "employee" in a criminal proceeding. The most we will pay for any "employee" who is alleged to be directly involved in a criminal proceeding is $15,000 regardless of the numbers of "employees," claims or "suits" brought or persons or organizations making claims or bringing "suits.° F. Who is an insured SECTION II -- WHO IS AN INSURED is amended as follows: 1. If coverage for newly acquired or formed organizations is not otherwise excluded from this Coverage Part, Paragraph 3.a. is changed to read: a. Coverage under this provision is afforded until the end of the policy period; 2. Each of the following is also an insured: a. Broadened Named Insured — Any organization and subsidiary thereof which you control and actively manage on the effective date of this Coverage Part. However, coverage does not apply to any organization or subsidiary not named in the Declarations as Named Insured, if they are also insured under another similar policy, but for its termination or the exhaustion of its limits of insurance. b. Managers and Supervisors — If you are an organization other than a partnership or joint venture, your managers and supervisors are also insureds, but only with respect to their duties as your managers and supervisors. c. Managers, Landlords, or Lessors of Premises — Any person or organization with respect to their liability arising out of the ownership, maintenance or use of that part of the premises leased or rented to you subject to the foliowing additional exclusions: This insurance does not apply to: (1) Any4`occurrence'-which -takes place afteryou cease-to be a- tenant- in-that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of that person or organization. Page 3 of 9 © 2009 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI- GLD -SG (02/09) d. Lessors of Leased Equipment — Automatic Status When Required in Lease Agreement With You — Any person or organization from whom you lease equipment when you and such person or organization have agreed in writing in a contract or agreement that such person or organization is to be added as an additional insured on your policy. Such person or organization is an insured only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. e. Grantors of Permits — Any state or political subdivision granting you a permit in connection with your premises subject to the following additional provision: (1) This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with the premises you own, rent or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. f. Blanket Additional Insureds by Contract —Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured 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. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. -With- respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) "Bodily injury," "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: Page 4 of 9 Co 2009 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI- GLD -SG (02/09) (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. (2) "Bodily injury" or "property damage" occurring after: (a) 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 (b) 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. G. Limited Rental Lease Agreement Contractual Liability The following is added to SECTION I -- COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph b. Contractual Liability: (3) Based on the named insured's request at the time of claim, we agree to indemnify the named insured for their liability assumed in a contract or agreement regarding the rental or lease of a premises on behalf of their client, up to $50,000. This coverage extension only applies to rental lease agreements. This coverage is excess over any renter's liability insurance of the client. H. Transfer of Rights of Recovery Against Others To Us As a clarification, the following is added to SECTION IV — COMMERCIAL GENERAL LIABLITY CONDITIONS, Paragraph 8. Transfer of Rights of Recovery Against Others To Us: Therefore, the insured can waive the insurer's rights of recovery prior to the occurrence of a loss, provided the waiver is made in a written contract. I. Duties In the Event of Occurrence, Offense, Claim or Suit 1. When you report an "occurrence" (coverage for which is provided by this policy) to your compensation insurance carrier, and this "occurrence" later develops into a liability claim, failure to report such "occurrence" to us at the time of such "occurrence" shall not be deemed in violation of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 2. Duties in the Event of Occurrence, Offense, Claim or Suit. This -is -upon -the- distinct - understanding - and -agreement- howeverTthat-you; the insurer!; a made aware that this particular "occurrence" is a liability case, rather than a compensation case shall give us notification immediately. 2. The requirement in Condition 2,a. of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS that you must see to it that we are notified as soon as practicable of an "occurrence" or an offense, applies only when the "occurrence" or offense is known to: Page 5of9 © 2009 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI- GLD -SG (02/09) a. You, if you are an individual; b. A partner, if you are a partnership; or c. An "executive officer" or insurance manager, if you are a corporation. 3. The requirement in Condition 2.b. of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS that you must see to it that we receive notice of a claim or "suit' as soon as practicable will not be considered breached unless the breach occurs after such claim or "suit" is known to: a. You, if you are an individual; b. A partner, if you are a partnership; or c. An "executive officer" or insurance manager, if you are a corporation. J. Unintentional Failure To Disclose Hazards It is agreed that, based on our reliance upon your representations as to existing hazards, if you should unintentionally fail to disclose at such hazards prior to the beginning of the policy period of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. K. Liberalization If we revise this endorsement to provide more coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. L. Bodily Injury — Mental Anguish SECTION V — DEFINITIONS, Paragraph 3. is changed to read: "Bodily injury": a. Means bodily injury, sickness or disease sustained by a person, and includes mental anguish resulting from any of these; and b. Except for mental anguish, includes death resulting from the foregoing (Item a. above) at any time. M. Assault and Battery with Extended Property Damage SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph a. is deleted In its entirety and replaced by the following: a. Expected or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to: Page 6of9 © 2009 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI- GLD -SG (02/09) (1) "Bodily injury" or "property damage" resulting from the use of physical force to protect persons or property; or (2) Allegations of vicarious liability on the part of a Named Insured arising solely from the acts of your "employees." However, acts of your "employees" shall not include theft. N. Errors and Omissions Coverage 1. SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is amended by adding the following: ERRORS AND OMISSIONS This insurance applies to negligent acts, errors or omissions committed by you relating to your services described in the Declarations. 2. SECTION I — COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY is amended by adding the following: ERRORS AND OMISSIONS The insurance that applies to "personal injury" includes negligent acts, errors or omissions committed by you relating to your services described in the Declarations. 3. SECTION I -- COVERAGES is amended by adding the following: COVERAGE D — ERRORS AND OMISSIONS LIABILITY a. Insuring Agreement (1) We wilt pay those sums that the insured becomes legally obligated to pay as damages because of errors or omissions committed by you relating to your services described in the Declarations. However, we will have no duty to defend the insured against any "suit" seeking damages for errors or omissions committed by the insured to which the insurance does not apply. We will have the right and duty to defend any "suit" seeking those damages. We may, at our discretion, investigate any claim or "suit" that may result. But: (a) The amount we will pay for damages is limited as described in SECTION 111 -- LIMITS OF INSURANCE; and (b) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A, B, or D, or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS — COVERAGES A, B, AND_ - _ _.. (2) This insurance applies only if the error or omission occurs during the policy period. b. Exclusions This insurance does not apply to: Page 7 of 9 © 2009 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI- GLD -SG (02/09) (1) "Bodily injury" or "property damage"; (2) "Personal and advertising injury"; (3) Intentional injury, nor injury arising out of willful violation of a penal statute or ordinance, committed by or with the knowledge or consent of the insured; (4) Any claim seeking relief or redress in any form other than monetary damages; (5) Any claim arising out of any insured's activities, or as a fiduciary, under the Employment Retirement Income Security Act of 1974, any amendments or any regulation or order issued thereto; (6) Any claim arising from warranties or guarantees made by any insured; (7) Liability assumed by the insured under any contract or agreement. This exclusion does not apply to liability for damages: (a) That the insured would have in the absence of the contract or agreement; or (b) Assumed in a contract or agreement that is an insured contract; (8) Liability arising from any fraudulent, dishonest, or criminal act of any insured; (9) Liability arising from a claim made by a parent or subsidiary organization of the insured or another subsidiary organization of such parent or other subsidiary, nor any officer, director or "employee" of any of the above; and (10) Any claim alleging, arising out of, resulting from, based upon or in consequence of, directly or indirectly, any employment practices or any discrimination against any person or entity on any basis; additionally, any actual or alleged violation of the Fair Labor Standards Act or any similar law or regulation applicable to the payment of wages or overtime. c. SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is amended to read SUPPLEMENTARY PAYMENTS — COVERAGES A, B, AND D d. SECTION III — LIMITS OF INSURANCE is amended as follows: (1) Item 2. is replaced by the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage- included -in- the " products =completed- operations - hazard "; c. Damages under Coverage B; and d. Damages under Coverage D. (2) Item 5. is replaced by the following: Page 8 of 9 © 2009 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI- GLD -SG (02/09) 5. Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C, because of all "bodily injury" and "property damage" arising out of any one "occurrence"; and c. Damages under Coverage D. e. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4. Other Insurance is amended as follows: (1) The first paragraph is replaced by the following: If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A, B, or D of this Coverage Part, our obligations are limited as follows: (2) Paragraph b. Excess Insurance, Item (2) is replaced by the following: When this insurance is excess, we will have no duty under Coverages A, B, or D to defend the insured against any claim or "suit" if any other insurer has a duty to defend the insured against that claim or "suit." If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. O. Incidental Medical Malpractice We will pay for injury arising out of the rendering of or failure to render the following treatment or services by an "employee" for an accident occurring during the policy period: 1. First aid treatment including cardiopulmonary resuscitation (CPR); and 2. Medical, surgical, dental, x -ray, or nursing service or treatment, or the furnishing of food or beverages in connection therewith; and the furnishing or dispensing of drugs, or medical, dental, or surgical supplies or appliances. However, this coverage does not apply to any insured or to any entity engaged in the business or occupation of providing the services or treatments described in 1. and 2. above. Page 9of9 4 2009 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI- MANU -1 (01/00) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY PRIMARY & NON - CONTRIBUTORY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY /NON - -CONTRIBUTORY ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Schedule Name and Address of Person or Organization: Any Person or Organization as Required by Written Contract. It is understood and agreed that coverage for the person or organization shown in the above schedule is primary and non - contributory as respects liability created by the errors, acts or omissions of the named insured herein and subject to the terms and conditions in the Additional Insured Endorsement attached hereto. All other terms, conditions, limitations, and exclusions of this policy are unchanged and applicable. All other terms and conditions of this Policy remain unchanged. Page 1 of 1 RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: I`1utvicipa I Coy. ( f 2. ORIGINATING STAFF PERSON: S`) t-- j^-) '✓�e EXT: 3 0 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT X 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: S CL 1 C`/' Se y-v i Cp 5 6. NAME OF CONTRACTOR: -Pc' r c CO-"--, .� ,2 OD �'O1 ° 1`- ��e�,} Qc0-1 /1.14 E -MAIL: SIGNATURE NAME: -Z� L c.'- 4 5 c, 8 yyr TELEPHONE .2.5-2-5-3.3---4/1-11-7 FAX: 2r3 - s er- 07`17 TITLE 6. 1., 1r t 1- /4- / rn ; J-'.- 7. EXHIBITS AND ATTACHMENTS: CCOPE, WORK OR SERVICES g- COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS 8. TERM: COMMENCEMENT DATE: j COMPLETION DATE: 7ec-,2-. --- .- 71 Lv 1 7 9. TOTAL COMPENSATION $ 1(9i1, (9 56 . d:2 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES '-NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES 7-140- IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: /L2-,2100 / 12 - - 2 % -70-V50 10. DOCUMENT /CONTRACT REVIEW 14 PROJECT MANAGER %DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) 11. COUNCIL APPROVAL Of APPLICABLE) 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR ❑ ATTACH: SIGNATURE AUTHORITY, ❑ LAW DEPARTMENT ❑ CHIEF OF STAFF IGNATORY MAYOR OR DIRECTOR CITY CLERK ❑ ASSIGNED AG# ❑ SIGNED COPY RETURNED INITIAL / DATE REVIEWED Jr►,.,J. / f - /,y -7-121. I2 f I+i /tJ INITIAL / DATE APPROVED /21/S-111-', COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: DATE SENT: DATE REC'D: INSURANCE CERTIFICATE, LICENSES, EXHIBITS y, l 1 DATE SIGNED G0 A/WEA L AG# 1 -02 DATE SENT: Q2- 2(p -1? 11/9 QTY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. cttyoffederalway. com PROFESSIONAL SERVICES AGREEMENT FOR COURT SECURITY SERVICES This Professional Services Agreement ( "Agreement ") is made between the City of Federal Way, a Washington municipal corporation ( "City ") by and through the Federal Way Municipal Court ( "Court"), and Pierce County Security, Inc., a Washington corporation ( "Contractor "). The City, Court and Contractor (together "Parties ") are located and do business at the below addresses, which shall be valid for any notice required under this Agreement: PIERCE COUNTY SECURITY, INC.: Robert S McPherson, CPP 2002 99th Street East, Tacoma, WA 98445 253 -535 -4433 (telephone) 253 -535 -0747 (facsimile) CITY OF FEDERAL WAY: Susanne White 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 360 - 918- 4509(telephone) (253) 360 - 918 -3020 (facsimile) Susanne .white @cityoffederalway.com A. The Court seeks the professional services of a skilled independent contractor capable of working without direct supervision, in the capacity of providing court security services; and, B. The Contractor has the requisite skill, knowledge, and experience necessary to provide such services. NOW THEREFORE, The parties agree as follows: 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the January 1, 2016 and shall continue until the completion of the Services specified in this Agreement, but in any event no later than December 31, 2017 ( "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 and Court's satisfaction, within the time period prescribed by the City and Court and pursuant to the direction of the Mayor and Presiding Judge 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 and Court, 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 and Court'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 or Court 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. PROFESSIONAL SERVICES AGREEMENT - 1 - 1/2015 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. cityoffederalway.. com The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate for a period of (2) years from the effective date of this Agreement. 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 Payment. 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. INDEMNIFICATION. 5.1 Contractor Indemnification. The Contractor agrees to release, indemnify, defend, and hold the City and the Court, 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 and Municipal Court, 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 party 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, 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 PROFESSIONAL SERVICES AGREEMENT - 2 - 1/2015 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway. com 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 $2,000,000 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 limits 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 $1,000,000 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 or Court obtained by Contractor in performance of this Agreement shall be considered confidential and subject to applicable laws. Breach of confidentiality by the 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. WORK 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 PROFESSIONAL SERVICES AGREEMENT - 3 - 1/2015 Pecleral Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway.. com 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 and Court 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 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. PROFESSIONAL SERVICES AGREEMENT - 4 - 1/2015 AlkCITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www.cityoffederalway.com 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 further 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 Compliance 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 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 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 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 Court 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 5 1/2015 CITY or � Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www.cityoffederalway.com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CIT F FE ERAL WAY: m Ferrell, Mayor DATE: D /7/0 s PIERCE CO �1�' SECURITY, INC.: By: Printed Name: Robert S McPherson, CPP Title: ( —,ltl ? / 2M,/v DATE: ! ( -7 (2-4, STATE OF WASHINGTON ) ) ss. COUNTY OF Pi t? G^C ) On this day personally appeared before me Robert S McPherson, to me known to be the Contracts Administrator of Pierce County Security 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 he /she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. FEDERAL WAY MUNICIPAL COURT: David L DATE: /7 n, P'r'esiding Judge lerk, Stephanie Courtn,+j CMC APPROVED AS TO FORM: --Pt(Z a/1- Al City Attorney, Amy Jo Pearsall GIVEN my haadimillificial seal this / 2 73 day of • •■■•• ;• PUMA • 2 eitt.,4,0w PROFESSIONAEAMUN 1 AGREEMENT .7 20 Notary's signature Notary's printed name di Notary Public in and for the State pf Washington. My commission expires 7)IL42CJ, 6 1/2015 CITY oc Federal Way EXHIBIT A SERVICES 1. The Contractor shall do or provide the following: A. Essential Duties CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. cityoffederalway. com Essential duties are not intended to be an exhaustive list of all responsibilities. They are intended to be accurate summaries of what services are involved and what is required to perform it. Provide staffing as follows: One person Mondays through Fridays from 8:00 am to 5:00 pm and one other person on Mondays from 8:00 am to 4:00 pm and Tuesdays through Fridays from 8:00 am to 1:00 pm to perform the following duties: • Screen all individuals and bags /packages that enter the court; • Visually patrol the court building, grounds and parking lot to observe unusual behavior, objects and activities to prevent threats or vandalism; • Operate security equipment such as a magnetometer, X -Ray machine, and hand wand with all individuals entering the court building. • Prevent unauthorized access to restricted areas; • Observe the activities and monitoring actions with close circuit television, duress alarms and security cameras; • Respond to security situations and alarms, assessing the situation and bringing about resolution, enforcing through verbal warnings; • Analyze and respond to emergency situations; • Use verbal skills to de- escalate angry or hostile individuals; • Expel unruly individuals, detains more serious offenders, and/or dispatch police personnel when appropriate; • Answer routine inquiries from the general public; • Perform a security check of the court building prior to opening of business and insures all visitors have vacated the building at close of day; • Record and report deficiencies such as safety hazards or accidents; • Record all weapons confiscated; • Enforces all established rules and regulations of the Municipal Court; • Perform all work duties and activities in accordance with the Municipal Court policies and procedures; • Work in a safe manner and report unsafe activity and conditions; • Communicate with Municipal Court staff and judges, attorneys, prisoners, public, outside agencies and other individuals as needed to coordinate work activities, exchange information or resolve problems; • Perform related duties as assigned. Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway. com EXHIBIT B COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed One Hundred Sixty- Nine Thousand Six Hundred Ninety- Six and 00 /100 Dollars ($169,696.00) 2. Method of Compensation: Hourly rate: In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount calculated on the basis of the hourly labor charge rate schedule for Contractor's personnel of $23.47 per hour for unarmed Security Officer. 1® t,,f , r I V 1 ACORD CERTIFICATE OF LIABILITY INSURANCE L.../ DATE (MM /DD/YYYY) 1/4/2016 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 INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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). PRODUCER Arthur J. Gallagher Risk Management Services, Inc. P.O. Box 2925 Tacoma WA 98401 -2925 CONTACT Shannon Sellers NAME: PHONE 206 607 0942 FAX 253-572-1430 (A /C,,No. Fxt)• (A /C. Nol: ADDARESS: shannon_ sellers @ajg.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A :Philadelphia Indemnity Insurance Co 18058 INSURED Pierce County Security Inc Glen Weller 2002 East 99th Street Tacoma WA 98445 INSURER B : PHPK1192370 INSURERC: 6/30/2016 INSURER D : $1,000,000 INSURER E : $100,000 INSURER F : ION NUMBER: vTHIS 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. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM /DD/YYYY) POLICY EXP JMM /DD/YYYY) LIMITS A x COMMERCIAL GENERAL LIABILITY Y Y PHPK1192370 6/30/2015 6/30/2016 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $100,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $5,000,000 GE 'L AGGREGATE POLICY POLICY OTHER: X LIMIT APPLIES PRO- PER LOC PRODUCTS - COMP /OP AGG $5,000,000 $ A AUTOMOBILE X LIABILITY ANY AUTO ALL OSVNED HIRED AUTOS SCHEDULED NON -OWNED AUTOS PHPK1192370 6/30/2015 6/30/2016 (EOa accident) INGLE LIMIT $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE PHUB505507 6/30/2015 6/30/2016 EACH OCCURRENCE $10,000,000 AGGREGATE $10,000,000 $ DED X RETENT ON $10,000 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A PHPK1192370 6/30/2015 6/30/2016 STATUTE x OTH- ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) GL ai wos PI- GLD -SG 02/09 GL pnc PI- MANU -1 01/00 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. CERTIFICATE HOLDER CANCELLATION City of Federal Way Municipal Court 33325 8th Ave S Federal Way WA 98003 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE ACORD 25 (2014/01) © 1988 -2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD PI- GLD -SG (02/09) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY DELUXE ENDORSEMENT: SECURITY SERVICES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed that the following extensions only apply in the event that no other specific coverage for these extensions are provided under this policy. If such specific coverage applies, the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy, unless otherwise noted on this endorsement. The following is a summary of the Limits of Insurance and additional coverages provided by this endorsement. For complete details on specific coverages, consult the policy contract wording. Coverage Applicable Limit of Insurance Page # Damage to Premises Rented to You $1,000,000 2 Watercraft Used in Security Services only 2 Medical Payments $20,000 2 Medical Payments — Extended Reporting Period 3 years 2 Supplementary Payments — Bail Bonds $2,500 3 Supplementary Payments — Loss of Earnings $500 per day 3 Employee Indemnification Defense Coverage for Employees $15,000 3 Additional Insured — Broadened Named Insured Included 3 Additional Insured — Managers and Supervisors Included 3 Additional Insured — Managers, Landlords, or Lessors of Premises Included 3 Additional Insured — Lessors of Leased Equipment — Automatic Status When Required in Lease Agreement With You Included 4 Additional Insured — Grantors of Permits Included 4 Additional Insured — Blanket Additional Insureds by Contract Included 4 Limited Rental Lease Agreement Contractual Liability $50,000 5 Transfer of Rights of Recovery Against Others To Us Clarification 5 Duties in the Event of Occurrence, Offense, Claim or Suit Included 5 Unintentional Failure to Disclose Hazards Included 6 Liberalization Included 6 Bodily Inj_u_ry= Mental Anguish Included 6 Assault and Battery Coverage with Extended Property Damage Included 6 Errors and Omissions Coverage Included 7 Incidental Medical Malpractice Included 9 Page 1 of 9 © 2009 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI- GLD -SG (02109) A. Damage to Premises Rented to You 1. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the word fire is changed to fire, lightning, explosion, smoke, or leakage from automatic fire protective systems where it appears in: a. The last paragraph of SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2, Exclusions; b. SECTION III — LIMITS OF INSURANCE, Paragraph 6.; and c. SECTION V — DEFINITIONS, Paragraph 9.a. 2. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the words fire insurance are changed to insurance for fire, lightning, explosion, smoke, or leakage from automatic fire protective systems where it appears in SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Subsection 4. Other Insurance, Paragraph b. Excess Insurance. 3. The Damage To Premises Rented To You Limit section of the Declarations is amended to the greater of: a, $1,000,000; or b. The amount shown in the Declarations as the Damage to Premises Rented to You Limit. This is the most we will pay for all damage proximately caused by the same event, whether such damage results from fire, lightning, explosion, smoke, or Teaks from automatic fire protective systems or any combination thereof. B. Watercraft SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph g. Aircraft, Auto Or Watercraft does not apply to security services performed on or about watercraft. C. Medical Payments -- Limit Increased, Extended Reporting Period If COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part: 1. The Medical Expense Limit is changed subject to all of the terms of SECTION III — LIMITS OF INSURANCE to the greater of: a. $20,000; or b. The Medical Expense Limit shown in the Declarations of this Coverage Part. 2 UnderSECTION -I = COVERAGES; COVERAGE C MEDICAL-PAYMENTS, Subsection . Insuring Agreement, Paragraph a., [tem (b) is amended to read: provided that: (b) The expenses are incurred and reported to us within three years of the date of the accident; and Page 2of9 © 2009 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI- GLD -SG (02/09) D. Supplementary Payments In the SUPPLEMENTARY PAYMENTS — COVERAGES A AND B provision, Items 1.b. and 1.d. are amended as follows: 1. The limit for the cost of bail bonds is changed from $250 to $2,500; and 2. The limit for loss of earnings is changed from $250 a day to $500 a day. E. Employee Indemnification Defense Coverage In the SUPPLEMENTARY PAYMENTS — COVERAGES A AND B provision, the following is added: We will pay, on your behalf, defense costs incurred by an "employee" in a criminal proceeding. The most we will pay for any "employee" who is alleged to be directly involved in a criminal proceeding is $15,000 regardless of the numbers of "employees," claims or "suits" brought or persons or organizations making claims or bringing "suits." F. Who Is an Insured SECTION 11 -- WHO IS AN INSURED is amended as follows: 1. If coverage for newly acquired or formed organizations is not otherwise excluded from this Coverage Part, Paragraph 3.a. is changed to read: a. Coverage under this provision is afforded until the end of the policy period; 2. Each of the following is also an insured: a. Broadened Named Insured — Any organization and subsidiary thereof which you control and actively manage on the effective date of this Coverage Part. However, coverage does not apply to any organization or subsidiary not named in the Declarations as Named Insured, if they are also insured under another similar policy, but for its termination or the exhaustion of its limits of insurance. b. Managers and Supervisors — If you are an organization other than a partnership or joint venture, your managers and supervisors are also insureds, but only with respect to their duties as your managers and supervisors. c. Managers, Landlords, or Lessors of Premises — Any person or organization with respect to their liability arising out of the ownership, maintenance or use of that part of the premises leased or rented to you subject to the following additional exclusions: This insurance does not apply to: (1) Any'occurrence "which -takes- place afteryou cease -to -be alenant-in-that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of that person or organization. Page 3of9 © 2009 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. Pi- GLD -SG (02/09) d. Lessors of Leased Equipment — Automatic Status When Required in Lease Agreement With You — Any person or organization from whom you lease equipment when you and such person or organization have agreed in writing in a contract or agreement that such person or organization is to be added as an additional insured on your policy. Such person or organization is an insured only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. e. Grantors of Permits — Any state or political subdivision granting you a permit in connection with your premises subject to the following additional provision: (1) This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with the premises you own, rent or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. f. Blanket Additional insureds by Contract — Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured 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. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. _With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) "Bodily injury," "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: Page 4 of 9 © 2009 Philadelphia Indemnity Insurance Company includes copyrighted material of Insurance Services Office, Inc., with its permission. PI- GLD -SG (02/09) (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. (2) "Bodily injury" or "property damage" occurring after: (a) 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 (b) 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. G. Limited Rental Lease Agreement Contractual Liability The following is added to SECTION I -- COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph b. Contractual Liability: (3) Based on the named insured's request at the time of claim, we agree to indemnify the named insured for their liability assumed in a contract or agreement regarding the rental or lease of a premises on behalf of their client, up to $50,000. This coverage extension only applies to rental lease agreements. This coverage is excess over any renter's liability insurance of the client. H. Transfer of Rights of Recovery Against Others To Us As a clarification, the following is added to SECTION IV - COMMERCIAL GENERAL LIABLITY CONDITIONS, Paragraph 8. Transfer of Rights of Recovery Against Others To Us: Therefore, the insured can waive the insurer's rights of recovery prior to the occurrence of a loss, provided the waiver is made in a written contract. I. Duties In the Event of Occurrence, Offense, Claim or Suit 1. When you report an "occurrence" (coverage for which is provided by this policy) to your compensation insurance carrier, and this "occurrence" later develops into a liability claim, failure to report such "occurrence" to us at the time of such "occurrence" shall not be deemed in violation of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 2. Duties in the Event of Occurrence, Offense, Claim or Suit. This -is- upon -the- distinct - understanding- and - agreement - however, - that- youTtheinsured as-soon as made aware that this particular "occurrence" is a liability case, rather than a compensation case shall give us notification immediately. 2. The requirement in Condition 2.a. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS that you must see to it that we are notified as soon as practicable of an "occurrence" or an offense, applies only when the "occurrence' or offense is known to: Page 5 of 9 © 2009 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI- GLD -SG (02/09) a. You, if you are an individual; b. A partner, if you are a partnership; or c. An "executive officer" or insurance manager, if you are a corporation. 3. The requirement in Condition 2.b. of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS that you must see to it that we receive notice of a claim or "suit° as soon as practicable will not be considered breached unless the breach occurs after such claim or "suit" is known to: a. You, if you are an individual; b. A partner, if you are a partnership; or c. An "executive officer' or insurance manager, if you are a corporation. J. Unintentional Failure To Disclose Hazards It is agreed that, based on our reliance upon your representations as to existing hazards, if you should unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. K. Liberalization If we revise this endorsement to provide more coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. L. Bodily Injury — Mental Anguish SECTION V — DEFINITIONS, Paragraph 3. is changed to read: "Bodily injury ": a. Means bodily injury, sickness or disease sustained by a person, and includes mental anguish resulting from any of these; and b. Except for mental anguish, includes death resulting from the foregoing (Item a. above) at any time. M. Assault and Battery with Extended Property Damage SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph a. is deleted in its entirety and replaced by the following: a. Expected or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to: Page 6 of 9 © 2009 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI- GLD -SG (02/09) (1) "Bodily injury" or "property damage" resulting from the use of physical force to protect persons or property; or (2) Allegations of vicarious liability on the part of a Named Insured arising solely from the acts of your "employees." However, acts of your "employees" shall not include theft. N. Errors and Omissions Coverage 1. SECTION 1— COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is amended by adding the following: ERRORS AND OMISSIONS This insurance applies to negligent acts, errors or omissions committed by you relating to your services described in the Declarations. 2. SECTION I — COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY is amended by adding the following: ERRORS AND OMISSIONS The insurance that applies to "personal injury" includes negligent acts, errors or omissions committed by you relating to your services described in the Declarations. 3. SECTION I — COVERAGES is amended by adding the following: COVERAGE D — ERRORS AND OMISSIONS LIABILITY a. Insuring Agreement (1) We wilt pay those sums that the insured becomes legally obligated to pay as damages because of errors or omissions committed by you relating to your services described in the Declarations. However, we will have no duty to defend the insured against any "suit" seeking damages for errors or omissions committed by the insured to which the insurance does not apply. We will have the right and duty to defend any "suit" seeking those damages. We may, at our discretion, investigate any claim or "suit" that may result. But: (a) The amount we will pay for damages is limited as described in SECTION III — LIMITS OF INSURANCE; and (b) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A, B, or 0, or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS — COVERAGES A, B, ANDJ (2) This insurance applies only if the error or omission occurs during the policy period. b. Exclusions This insurance does not apply to: Page7of9 © 2009 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. P1- GLD -SG (02/09) (1) "Bodily injury" or "property damage"; (2) "Personal and advertising injury"; (3) intentional injury, nor injury arising out of willful violation of a penal statute or ordinance, committed by or with the knowledge or consent of the insured; (4) Any claim seeking relief or redress in any form other than monetary damages; (5) Any claim arising out of any insured's activities, or as a fiduciary, under the Employment Retirement Income Security Act of 1974, any amendments or any regulation or order issued thereto; (6) Any claim arising from warranties or guarantees made by any insured; (7) Liability assumed by the insured under any contract or agreement. This exclusion does not apply to liability for damages: (a) That the insured would have in the absence of the contract or agreement; or (b) Assumed in a contract or agreement that is an insured contract; (8) Liability arising from any fraudulent, dishonest, or criminal act of any insured; (9) Liability arising from a claim made by a parent or subsidiary organization of the insured or another subsidiary organization of such parent or other subsidiary, nor any officer, director or "employee" of any of the above; and (10) Any claim alleging, arising out of, resulting from, based upon or in consequence of, directly or indirectly, any employment practices or any discrimination against any person or entity on any basis; additionally, any actual or alleged violation of the Fair Labor Standards Act or any similar law or regulation applicable to the payment of wages or overtime. c. SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is amended to read SUPPLEMENTARY PAYMENTS — COVERAGES A, B, AND D d. SECTION 111 — LIMITS OF INSURANCE is amended as follows: (1) Item 2. is replaced by the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage"included -in- the -" products =completed - operations- hazard "; c. Damages under Coverage B; and d. Damages under Coverage D. (2) Item 5. is replaced by the following: Page 8 of 9 © 2009 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI- GLD -SG (02/09) 5. Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C, because of all "bodily injury" and "property damage" arising out of any one "occurrence "; and c. Damages under Coverage D. e. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4. Other Insurance is amended as follows: (1) The first paragraph is replaced by the following: If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A, B, or D of this Coverage Part, our obligations are limited as follows: (2) Paragraph b. Excess Insurance, Item (2) is replaced by the following: When this insurance is excess, we will have no duty under Coverages A, B, or D to defend the insured against any claim or "suit" if any other insurer has a duty to defend the insured against that claim or "suit." If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. O. Incidental Medical Malpractice We will pay for injury arising out of the rendering of or failure to render the following treatment or services by an "employee" for an accident occurring during the policy period: 1. First aid treatment including cardiopulmonary resuscitation (CPR); and 2. Medical, surgical, dental, x -ray, or nursing service or treatment, or the furnishing of food or beverages in connection therewith; and the furnishing or dispensing of drugs, or medical, dental, or surgical supplies or appliances. However, this coverage does not apply to any insured or to any entity engaged in the business or occupation of providing the services or treatments described in 1. and 2. above. Page 9 of 9 © 2009 Philadelphia indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI- MANU -1 (01/00) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY PRIMARY & NON - CONTRIBUTORY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY /NON- CONTRIBUTORY ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABLLITY COVERAGE PART Schedule Name and Address of Person or Organization: Any Person or Organization as Required by Written Contract. It is understood and agreed that coverage for the person or organization shown in the above schedule is primary and non - contributory as respects liability created by the errors, acts or omissions of the named insured herein and subject to the terms and conditions in the Additional Insured Endorsement attached hereto. All other terms, conditions, limitations, and exclusions of this policy are unchanged and applicable. All other terms and conditions of this Policy remain unchanged. Page 1 of 1 Form UV -9 (Rev. December 2014) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification Give Form to the requester. Do not send to the IRS. Print or type See Specific Instructions on page 2. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. Pierce County Security, Inc. 2 Business name /disregarded entity name, if different from above Pierce County Security, Inc. 3 Check appropriate box for federal tax classification; check only one of the following seven boxes: 1 Individual /sole proprietor or Q C Corporation S Corporation Partnership ❑ Trust/estate single- member LLC • Limited liability Enter the tax 5 P= II. 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Exempt payee code (if any) 5 company. classification (C =C corporation, =5 corporation, partnership) Exemption from FATCA reporting code (if any) Note. For a single- member LLC that is disregarded, do not check LLC; check the appropriate box in the line above for the tax classification of the single - member owner. • Other (see instnuctons)• (Applies to accounts maintained outside the U.S.) 5 Address (number, street, and apt. or suite no.) P 0 Box 958 Requester's name and address (optional) 6 City, state, and ZIP code Tacoma, WA 98401 7 List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part 1 instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number. see How to oat a Social security number — — TIN on page 3. Note. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for guidelines on whose number to enter. or Employer identification number 9 1 1 1 8 0 3 2 6 Part II Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my-correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that 1 am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividen, ou are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3. Sign Here Signature of U.S. person ► Date ► July 21,2015 General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. Information about developments affecting Form W -9 (such as legislation enacted after we release it) Is at www.irs.gov /fw9. Purpose of Form An individual or entity (Form W -9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer Identification number (ATIN), or employer identification number (EIN), to report on an information retum the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following: • Form 1099 -1NT (interest eamed or paid) • Form 1099 -D1V (dividends, including those from stocks or mutual funds) • Fomi 1099 -MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099 -B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099 -S (proceeds from real estate transactions) • Form 1099 -K (merchant card and third party network transactions) • Form 1098 (home mortgage Interest), 1098 -E (student loan interest), 1098 -T (tuition) • Form 1099 -C (canceled debt) • Form 1099 -A (acquisition or abandonment of secured property) Use Form W -9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. It you do not return Form W-9 to the requester with a TIN, you might be .subject to backup withholding. See What is backup withholding? on page 2. By signing the filled -out form, you: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting? on page 2 for further information. Cat. No. 10231X Form W -9 (Rev. 12 -2014) CITY OF Federal Way BUSINESS REGISTRATION License Number 20 -11- 101963 -00 -BL Non- Resident Business Registered: PIERCE COUNTY SECURITY 2002 99TH ST E TACOMA, WA 98445 Exnires:12 /31 /2016 Category: 7300 - Business Services Conditions: This license is non - transferable. Please notify the City Clerk's office of any change in your business such as a new location or business name. _t : goP.PORAIE •.9 SEAL ; This certifies that the above entity has been issued the registration or license listed. City Clerk, City of Federal Way PIERCE COUNTY SECURITY *GLENN L WELLER * 2002 99TH ST E TACOMA WA 98445 https: / /www.sos.wa.gov/ corps /search_detail.aspx ?ubi = 600455865 Page 1 of 1 PIERCE COUNTY SECURITY, INC. UBI Number 600455865 Category REG Profit /Nonprofit Profit Active /Inactive Active State Of Incorporation WA WA Filing Date 07/23/1982 Expiration Date 07/31/2016 Inactive Date Duration Perpetual Registered Agent Information Agent Name GLEN L WELLER Address 2002 E 99TH ST City TACOMA State WA ZIP 98445 Special Address Information Address City State Zip Governing Persons Title Name Address President,Chairman WELLER , GLEN 2002 99TH STREET EAST TACOMA , WA 98445 Secretary,Treasurer WELLER , DEANNA 2002 99TH STREET EAST TACOMA , WA 98445 Vice President,Director WELLER , TROY 2002 99TH STREET EAST TACOMA , WA 98445 Corporations: Registration Detail PIERCE COUNTY SECURITY, INC UBI Number Category Profit/Nonprofit Active/InacHVe State Of Incorporation WA Filing Date Expiration Date Inactive Date Duration 600455865 REG Proflt Active WA 07/31/2016 Perpetual 2/17/16, 3:23 PM Agent Name Address City State ZIP GLEN L WELLER 2002E 99TH 5T TACOMA WA......... 98445 Address City State Zip GwemEgPesas Tine .............. President.Chairman Secretary.Treasurer Vice Presidenr,Director Name WELLER. GLEN Address 2002 99TH STREET EAST TACOMA, WA 98445 WELLER DEANNA 2002 99TH STREET EAST TACOMA, WA 98445 WELLER, TROY 2002 99TH STREET EAST TACOMA, WA 98445 https: / /www.sos.wa.gov/ corps /search_detail.aspx ?ubi= 600455865 Page 1 of 1 UTY F O Federal Way February 12, 2016 Robert S. McPherson Pierce County Security Inc. 2002 99th Street East Tacoma, WA 98445 Re: Professional Services Agreement; Court Security Signature Letter Dear Rob: MUNICIPAL COURT 33325 8th Avenue South • PO Box 9717 Federal Way, WA 98063 -9717 (253) 835 -3000 www. cityoffederal wa y. com I have enclosed a Business License Application and W -9 for you to fill out. I still need the Proof of Authority allowing signatures on behalf of the corporation. All is going quite well with your security staff. I am very pleased with the work they are doing here for our court. They are professional and pleasant to work with. You found great staff for us. Thanks for all your help. • Provide the City with current Proof of Authority allowing signatory to sign on behalf of Pierce County Security Inc. Proof of Authority required is a certified copy of the Corporate Resolutions for Pierce County Security Inc. resolving who is allowed to sign on behalf of the said corporation (in title only) and a complete list of the Corporate officers, name and title (updated annually with the Secretary of State). • Copy of current City of Federal Way Business License (or Register Company Name with the City of Federal Way - Complete the enclosed Business License Packet). • Copy of current State of Washington Corporation Registration • Complete the enclosed Accounts Payable Vendor /W -9 Form and return (or fax) as soon as possible to our Finance Department. The City will be unable to process payments for invoices without the completed form. Thanks again. Susanne White Court Administrator City of Federal Way Municipal Court CITY OF Federal Way # 20- -BL OUTSIDE CONTRACTOR BUSINESS LICENSE APPLICATION Please type or print clearly in dark ink. UNew Application ($75) N A - Business Information - Please complete all information. (For office use only) Business Name WA State UBI # (1- 800 -647 -7706) DBA WA State Contractor's License # Physical Location City State Zip Business Phone # Mailing Address City State Zip Business Fax # Contact Person Contact phone # Number of persons employed # Full Time # in Federal Way: Part Time SECTION B - Description of Business - describe the type of contracting services you provide. SECTION C - Business Ownership - Attach additional pages if necessary. ©Sole Proprietor ❑Partnership ❑Corporation ❑Limited Liability ❑Non - Profit ❑Other Company Name (As registered with WA State): Number of Owners, Partners, or Corporate Officers: Date Business to begin in Federal Way: Name: Title: Name of registered agent (partnerships /corporations only): Home Address (Street/PO Box, City, State, Zip) Telephone Number: % Owned: Name: Title: Name of registered agent (partnerships/corporations only): Home Address (Street/PO Box, City, State, Zip) Telephone Number: % Owned: SECTION D - SIGNATURES I (we) the undersigned, declare under the penalties of perjury and the denial of a license or revocation of any license granted, that I (we) am (are) the applicant(s) or authorized representative(s) of the firm making this application and that the answers contained, including any accompanying information have been examined by me (us) and that the information set forth is true, correct, and complete. I also understand that l am responsible for notifying the City Clerk, in writing, of any change in location or mailing address within thirty days. All licenses are nontransferable. 1 understand my place of business must comply with all federal, state, and local codes and ordinances. X Signature of applicant Title Date Printed name of applicant Phone Number For office use only Amount Received: Check No.: Date Received: Business License #: SIC CODE: Receipt No.: Date License Issued: CITY FeOF deral Way 11 33325 8th Avenue South, Federal Way, WA 98003 New Vendor n Update Form To add your business to our vendor file, or update information. Please complete this form and mail or fax it to the address /fax number below. Business Information Business Name: Contact Name: Location Address: Mailing Address (if different): Phone #: ( ) (For office use only) VN #: CITY /STATE Zip Code CITY /STATE Zip Code Fax #: ( ) E -Mail: Business Type (Please Check Ogee) Corporation Partnership Government Agency Non -Profit Sole Proprietor Federal ID # (9 digits) Federal ID # (9 digits) Federal ID # (9 digits) Federal ID # (9 digits) Federal ID # (9 digits) or Social Security Number What is the official name registered with the I.R.S. for the above number? If you are not a corporation, is your Business subject to 1099 reporting? ❑ Yes ❑ No State of Washington U.B.I. # Federal Way Business License #: Will you provide supplies or services to the City of Federal Way? City of Federal Way Staff/Department Contact Name: ❑ Supplies ❑ Services 1 Signature (US Person including a US resident alien) Date: For information call: 253.835.2525 or Fax: 253.835.2509 or E -mail: Accountspayable @cityoffederalway.com CITY OF � Federal Way December 16, 2015 Robert S. McPherson Pierce County Security Inc. 2002 99th Street East Tacoma, WA 98445 Re: Professional Services Agreement; Court Security Signature Letter Dear Rob: MUNICIPAL COURT 33325 8th Avenue South • PO Box 9717 Federal Way, WA 98063 -9717 (253) 835-3000 www. cityofederalway. com Enclosed for your review and approval is an original Professional Services Agreement, including exhibits, for Court Security Services between the City of Federal Way and Pierce County Security Inc. As you review the contract, please make note of the following items: • Your signature is required on the Professional Services Agreement (page 6) in the presence of a notary public. • A Certificate of Insurance is required naming the City of Federal Way and Federal Way Municipal Court as an additional insured. (Refer to section 6.3 of the Professional Services Agreement.) • Provide the City with current Proof of Authority allowing signatory to sign on behalf of Pierce County Security Inc. Proof of Authority required is a certified copy of the Corporate Resolutions for Pierce County Security Inc. resolving who is allowed to sign on behalf of the said corporation (in title only) and a complete list of the Corporate officers, name and title (updated annually with the Secretary of State). • Copy of current City of Federal Way Business License (or Register Company Name with the City of Federal Way - Complete the enclosed Business License Packet). • Copy of current State of Washington Corporation Registration • Complete the enclosed Accounts Payable Vendor /W -9 Form and return (or fax) as soon as possible to our Finance Department. The City will be unable to process payments for invoices without the completed form. Please note that the City is unable to execute the contract until the proof of authority documentation and appropriate insurance certificate with the appropriate insurance minimum limits are received. Time is of the essence and the prompt return of this document will be greatly appreciated. Once the contract has been fully executed by the City, the City' will issue a formal Notice to Proceed. Should you have any questions or need additional information, please don't hesitate to contact me at 253- 835 -3019. Sincerely, Susanne White Court Administrator City of Federal Way Municipal Court