Loading...
HomeMy WebLinkAbout9053CONTRACT NO. KC-202-20 COURTHOUSE SECURITY SERVICES CONTRACT This Courthouse Security Services Contract ("Contract") is between Kitsap County, a Washington state political subdivision ("County") by and through the Kitsap County Sheriffs Office ("KCSO"), and the City of Bremerton, a Washington state municipal corporation ("City"). In consideration of the terms and conditions of this Contract, the parties agree as follows. SECTION 1. TERM AND EFFECTIVE DATE 1.1 The Contract will become effective on January 1, 2020 and terminate on December 31, 2020, unless terminated or extended. The Contract may be extended for additional consecutive terms at the mutual agreement of the parties. SECTION 2. SCOPE OF WORK 2.1 COUNTY RESPONSIBILITIES A. The County agrees to provide the City with one full-time armed KCSO Court Security Officer ("CSO") to provide courthouse security screening services, as identified in this Contract, for the City of Bremerton Municipal Court ("Court"). For purposes of this Contract, "full-time" means eight hours per day five days per week, excluding court holidays and closures. B. The CSO shall be stationed at the main front entrance of the courthouse through which the public can enter the court building to enforce the Courthouse entry and ill be responsible for operating the Courthouse identification system. The CSO w security screening equipment for prohibited items (e.g. weapons). The CSO shall screen all items to include handbags, backpacks, briefcases, computers, strollers, and the like, prior to passing the screening area and entering the building. Detected prohibited items shall be brought to the visitor's attention and, if legal, given back to the individual for removal from the premises before entry is allowed. When authorized by Court policy, the visitor may be permitted to store firearms in a locked compartment provided by the Court. Illegal items confiscated during the screening process shall be secured and turned over to the Bremerton Police Department. C. The CSO services are limited to screening at one stationary post. The CSO will remain at his/her authorized post at the entrance of the courthouse and will not be responsible for providing any other security services for the City or the Court (e.g. courtroom security, roving patrols, escort services, responding to duress alarms or escorting ill not, be providing the services of a sworn law prisoners.) The CSO is not, and w enforcement officer. D. In the event the assigned CSO is unavailable (e.g. mandatory training, annual or medical leave), the County agrees to provide the City with an alternate CSO to perform the assigned duties of the CSO under this Contract, subject to the payment of an additional fee as identified in Attachment A. 1 Courthouse Security Services Contract CONTRACT NO. KC-202-20 COURTHOUSE SECURITY SERVICES CONTRACT This Courthouse Security Services Contract ("Contract") is between Kitsap County, a Washington state political subdivision ("County") by and through the Kitsap County Sheriffs Office ("KCSO"), and the City of Bremerton, a Washington state municipal corporation ("City"). In consideration of the terms and conditions of this Contract, the parties agree as follows: SECTION l . TERM AND EFFECTIVE DATE 1.1 The Contract will become effective on January 1, 2020 and terminate on December 31, 2020, unless terminated or extended. The Contract may be extended for additional consecutive terms at the mutual agreement of the parties. SECTION 2. SCOPE OF WORK 2.1 COUNTY RESPONSIBILITIES A. The County agrees to provide the City with one full-time armed KCSO Court Security Officer ("CSO") to provide courthouse security screening services, as identified in this Contract, for the City of Bremerton Municipal Court ("Court"). For purposes of this Contract, "full-time" means eight hours per day five days per week, excluding court holidays and closures. B. The CSO shall be stationed at the main front entrance of the courthouse through which the public can enter the court building to enforce the Courthouse entry and identification system. The CSO will be responsible for operating the Courthouse security screening equipment for, prohibited items (e.g. weapons). The CSO shall screen all items to include handbags, backpacks, briefcases, computers, strollers, and the like, prior to passing the screening area and entering the building. Detected prohibited items shall be brought to the visitor's attention and, if legal, given back to the individual for removal from the premises before entry is allowed. When authorized by Court policy, the visitor may be permitted to store firearms in a locked compartment provided by the Court. Illegal items confiscated during the screening process shall be secured and turned over to the Bremerton Police Department. C. The CSO services are limited to screening at one stationary post. The CSO will remain at his/her authorized post at the entrance of the courthouse and will not be responsible for providing any other security services for the City or the Court (e.g, courtroom security, roving patrols, escort services, responding to duress alarms or escorting prisoners.) The CSO is not, and will not, be providing the services of a sworn law enforcement officer. D. In the event the assigned CSO is unavailable (e.g. mandatory training, annual or medical leave), the County agrees to provide the City with an alternate CSO to perform the assigned duties of the CSO under this Contract, subject to the payment of an additional fee as identified in Attachment A. 1 Courthouse Security Services Contract E. All County personnel assigned under this Contract shall remain the employees of the County and under the supervision and control of the KCSO, subject to the KCSO policies and procedures. The supervisory contact within KCSO shall be the Support Services Sergeant or such other KCSO employee as may be assigned. 2.2 CITY RESPONSIBILITIES A. In accordance with RCW 43.09.210, the City shall reimburse the County for all costs associated with providing the services under this Contract. B. The City acknowledges that the County is making one (1) CSO available for courthouse security services under this Contract and the limitations of the CSO duties. It is the responsibility of the City, at no cost to the County, to provide adequate coverage for the CSO during the regular morning, lunchtime, and afternoon breaks, consistent with the requirements of the KCSO collective bargaining agreements for the CSO, with an individual designated by the City. C. The City agrees to provide walls -through metal detectors (WTMD) and hand-held metal detectors for use by the CSO, and other monitoring and screening security equipment as needed. The City shall ensure that all screening security equipment, duress alarms, control panels, and battery -operated emergency lighting, if any, are functioning properly and maintained and tested on a regular basis. D. The City is solely responsible for assessing the safety and security needs of the Court and adding additional security personnel, monitoring equipment, and/or other safety and security resources and equipment as it deems appropriate. The County in no way warrants that one CSO is sufficient to meet the safety and security needs of the Court. E. The City shall promptly advise KCSO of any safety and security concerns, or misconduct regarding the assigned CSO. SECTION 3. COMPENSATION AND PAYMENT 3.1 Compensation. The City shall reimburse the County for the costs of providing the City with a full-time Step 12 KCSO Court Security Officer, the costs of which are as identified in the Attachment A: Compensation. The costs subject to reimbursement shall be subject to adjustments as may be provided for in the County's collective bargaining agreement covering its employees. Both the County and City shall be bound by the terms and provisions of the County's collective bargaining agreement covering court services for KCSO Court Security Officers now in effect and as amended during the term of this Contract. 3.2 Invoice. The County will submit one invoice to the City per month for payment of Services completed to elate, unless otherwise agreed. The City shall pay the invoice within 30 days of receipt. Courthouse Security Services Contract SECTION 4. TERMINATION 4.1 Convenience. Either party may terminate this Contract by giving 30 calendar days prior written notice to the other party. 4.2 Fu11din6. If a parLey 's funding for the underlying services is withdrawn, reduced or limited in any way after the Contract has been signed or becomes effective, that party may immediately terminate the Contract notwithstanding any other termination provision in the Contract by providing written notice to the other party. Termination under this provision will be effective upon the date specified in the written notice of termination sent by the terminating party. SECTION 5. INDEMNIFICATION 5.1 The City will hold harmless, indemnify and defend the County, its officers, officials, employees and agents, from and against any and all claims, actions, suites, liability, loss, expenses, damages and judgments of any nature whatsoever, including reasonable costs and attorneys' fees in defense thereof for injury, sickness, disability or death to persons or damage to property or business, caused by or arising out of the City's acts, errors or omissions in connection of the performance of this Contract. 5.2 The County will hold harmless, indemnify and defend the City, its officers, officials, employees and agents, from and against any and all claims, actions, suites, liability, loss, expenses, damages and judgments of any nature whatsoever, including reasonable costs and attorneys' fees in defense thereof for injury, sickness, disability or death to persons or damage to property or business, caused by or arising out of the County's acts, errors or omissions in connection of the performance of this Contract. 5.3 The obligations under this Section include, without limitation, investigating, adjusting, and defending all claims alleging loss from action, error or omission, or breach of any common law, statutory or other delegated duty by the parties, the parties' employees, agents or subcontractors. SECTION 6. NOTICE AND CONTRACT REPRESENTATIVES 6.1 Any notices, demands and other communications required by the Contract will be effective if personally served upon the other party or if mailed by first class mail, postage prepaid, to the other party's Contract Representative at the address below. Notice may also be given by facsimile with the original to follow by regular mail. Notice will be deemed to be given three days following the date of mailing, or immediately if personally served. For service ill be effective at the beginning of the next working day by facsimile, service w County's Contract Representative Contractor's Contract Representative Name: Dave White Name; Dawn Williams Title: Chief of Detectives/Support Svcs. Title: Court Administrator Address: 614 Division St, MS-37, Address: 550 Park Ave, Bremerton, WA Port Orchard, WA 98366 Phone: 360 473-5242 Phone: 360 3 3 7-7142 Fax: 360 473 -5262 Fax: 360 337-4480 3 Courthouse Security Services Contract SECTION 7. AMENDMENT, SUBCONTRACT, INDEPENDENT CONTRACTOR 7.1 Amendment. No amendment or modification to the Contract will be effective without the prior written consent of the authorized representatives of the parties. 7.2 Assignments. Except with the prior written consent of the other party, each party shall not assign or transfer, any right, duty, obligation, or remedy under the Contract. Any purported assignment or transfer in violation of this section shall be void. 7.3 Independent Contractor. Each party under the Contract shall be for all purposes an independent contractor. Nothing contained herein will be deemed to create an association, a partnership, a joint venture, or a relationship of principal and agent, or employer and employee between the parties. Neither Contractor nor its Personnel shall be, or be deemed to be, or act or purport to act, as an employee, agent or representative of the County. Contractor shall have complete responsibility and control over its Personnel. Contractor and its Personnel shall have no County employee -type benefits of any kind whatsoever, including without limitation, insurance, pension plan, vacation pay or sick pay, or other right or privilege afforded to County employees. Contractor and its Personnel shall, be responsible for payment of all insurance, taxes, and benefits. SECTION 8. GOVERNING LAW 8.1 The Contract will be governed in all respects by the laws of the Washington State, both as to interpretation and performance, without regard to conflicts of law or choice of law provisions. Any action arising out of or in connection with the Contract may be instituted and maintained only in a court of competent jurisdiction in Kitsap County, Washington or as provided by RCW 36.01.050. SECTION 9. GENERAL PROVISIONS 9.1 Force Maieure. Neither party shall be liable to the other or be deemed to be in breach of contract by reason of any delay in performing, or any failure to perform any of their respective obligations in relation to the Contract, if the delay or failure was due to any cause beyond said party's reasonable control including, but not limited to, any act of God, goverruuent or state action, war, snow, fire, civil commotion, insurrection or industrial action of third parties out of that party's control. 9.2 No Third Party Beneficiary. No provision of the Contract is intended to, nor will it be construed to, create any third party beneficiary or provide any rights or benefits to any person or entity other than the parties. 9.3 Severability. If a court of competent jurisdiction holds any provision of the Contract to be illegal, invalid, or unenforceable, in whole or in part, the validity of the remaining provisions will not be affected, and the parties' rights and obligations will be construed and enforced as if the Contract did not contain the particular provision held to be invalid. In the event of a conflict between the terms and conditions of this Contract and the KCSO 0 Courthouse Security Services Contact collective bargaining agreement for the CSO, the terms and conditions of the collective bargaining agreement shall control. 9.4 Counterparts. The Contract may be executed in several counterparts, each of which will be deemed an original, but all of which together will constitution one and the same agreement. 9.5 Survival. Those provisions of this Contract that by their sense and purpose should survive expiration or termination of the Contract shall so survive. Those provisions include, without limitation: Sections 2 (Scope of Work), 5 (Indemnification), and 8 (Governing Law). 9.6 Entire Agreement. The parties acknowledge the Contract is the product of negotiation between the parties and represents the entire agreement of the parties with respect to its subject matter. All previous agreements, oral or written, are hereby revoked and superseded by the Contract. 9.7 Authorization. Each party sigiaing below warrants to the other party, that they have the full power and authority to execute this Contract on behalf of the party for whom they sign. r FaTeaMOM CLr r: ���� GREG I 'ELER, Mayor Courthouse Security Services Contract �ATED this day • Dana Daniels, Clerk of the Board 20205 BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON CHARLOTTE GARRIDO, Chair DER, commissioner EDWARD E. WOLFE, C missioner Courthouse Security Services Contract C� ATTACHMENT A COMPENSATION Payment amount and schedule is set forth below. The City shall reimburse the County for the wages and all employment -based benefits necessary iding the City with a full-time Step 12 KCSO Court Security Officer under and incidental to prov the collective bargaining agreement covering court security officers, now in effect and as amended during the term of this Contract. The costs are as follows: • Wages, benefits, and employer's share of employment taxes (estimated to be $69,000 per year), • Uniform (estimated to be $400.00 annually), and uniform cleaning (estimated to be $265.00 per year), • Wages for overtime hours worked, • Cost of living increases (COLA) as authorized by the Kitsap County Board of County Commissioners subsequent to and during the term of this Contract, and The City shall reimburse the County for all costs submitted with any workers' compensation claim, including associated death benefits, arising out of the services provided under this Contract. In the event the CSO assigned to the City is absent for personal reasons (e.g. mandatory training, annual or medical leave), the City will pay the County an additional per diem rate consisting of the annual wages and benefits of a Step 12 CSO estimated to be $265.39 per day (annual salary divided by 1260 work days per year) to cover the animal and medical leave absences, if the medical leave arises out of the services to be provided under this Contract. 7 Courthouse Security Services Contract