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HomeMy WebLinkAboutGSA - Court Security Services Amendment 1 -final (10.21.22 legal edits)1 Court Security Services AMENDMENT 1 TO THE AGREEMENT FOR CITY OF BREMERTON COURT SECURITY SERVICES WITH MERCHANT PATROL SECURITY SERVICES, INC. (MPSS, INC.) This Amendment specifically amends the services agreement made and entered into by and between the City of Bremerton (“the City”), a Washington municipal corporation and Merchant Patrol Security Services, Inc. ("Vendor"), whose mailing address is: PO Box 964 Olalla, WA 98359, on March 26, 2021, City of Bremerton contract number 6226. WHEREAS, the City has solicited security services via the Court Security Services Request for Proposal which closed on March 5, 2021 and Merchant Patrol Security Services is the awarded responder to this proposal, and WHEREAS, the City desires to have court security services, as described in the March 5, 2021 Request for proposal and this Agreement, performed for the safety and security of the Bremerton Municipal Court, and WHEREAS, the parties wish to extend the term of this agreement and agree that the Statement of Work should be amended to include services as available in the Request for Proposal, and agree that all provisions in the Agreement shall remain in full force and effect except as expressly modified by this document; and NOW, THEREFORE, in consideration of the mutual benefits to be derived, the promises and covenants contained herein, and other good and valuable consideration, the parties agree as follows: 1. VENDOR SERVICES. Is amended by deleting in its entirety, and replacing it with the following: The Vendor shall provide the following goods and materials and/or perform the following services for the City: Municipal Court Security Services as outlined in Exhibit A as amended. 2. TIME OF COMPLETION. Is amended by deleting in its entirety, and replacing it with the following: Vendor shall complete the work and provide all goods, materials, and services within 10 calendar days from the date all parties have signed this Agreement. The Term of this agreement shall be extended covering services from April 12, 2021 to December 31, 2024. 3. COMPENSATION. Is amended by deleting in its entirety, and replacing it with the following: The City shall pay the Vendor the total amount of $31.25/ hour with a not to exceed amount of $57,000 for 2021 and $75,000 for 2022, including applicable Washington State Sales Tax, for the goods, materials and services contemplated in this Agreement. Effective January 1, 2023, the City shall pay the Vendor the total amount of $33.74/ hour with a not to exceed amount of $75,000 for 2023 and 2024, including applicable DocuSign Envelope ID: DBFBB4D2-50A1-49C7-A5B5-2C5FFF25DDB7 2 Court Security Services Washington State Sales Tax, for the goods, materials and services contemplated in this Agreement. The City shall pay the Vendor monthly following receipt of appropriate invoicing. The Parties agree that the hourly rate for services stated herein may be adjusted once during the term of the contract to reflect an adjustment in the cost of living. Such adjustment will be negotiated by the Parties and reflected in an amendment to this Agreement. Adjustments. Automatic adjustments to compensation shall be limited to an annual basis and adjusted by 100% of the Consumer Price Index for All Urban Wage Earners as published by the Bureau of Labor Statistics for the prior August for which statistics were posted prior to the annual anniversary of the effective date of this agreement. The annual adjustment will never be less than 0.5% and will never be more than 8% of the prior year's annual amount beginning, January 1, 2024. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials, or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services on its own or from a third party, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct the cost to complete this Agreement, including any Additional Costs, from any and all amounts due or to become due the Vendor. Provider accepts all requirements of this Amendment by endorsing below. Provider further agrees that this Amendment constitutes full and final settlement of all of the claims for contract time and for all costs of any kind, including without limitation, costs of delays related to any work either covered or affected by this amendment, claims related to on-site or home office overhead, or lost profits. This Amendment does not limit the City’s right to bring a claim for past performance. The undersigned provider approves the foregoing Amendment as to the changes, if any, in the contract price specified for each item, including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work due to said Amendment to the original agreement. This document will become a supplement of the agreement and all provisions will apply hereto. It is understood that this Amendment to the agreement shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a Amendment that is binding on the parties of this contract. In addition, provider warrants that it has or will inform the surety of this change, and shall take appropriate action to modify any bonds required under the contract to address this change. IN WITNESS WHEREOF, in consideration of the terms, conditions, and covenants contained herein, or attached and incorporated and made a part hereof, the parties have executed this Agreement by having their representatives affix their signatures below. CITY OF BREMERTON MERCHANT PATROL SECURITY SERVICES, INC DocuSign Envelope ID: DBFBB4D2-50A1-49C7-A5B5-2C5FFF25DDB7 3 Court Security Services GREG WHEELER, MAYOR By: ____________________ Its: Date: Date: APPROVED AS TO FORM: _______________________ Kylie J. Finnell, City Attorney ATTEST: ______________________ Angela Hoover, City Clerk DocuSign Envelope ID: DBFBB4D2-50A1-49C7-A5B5-2C5FFF25DDB7 Dan Larson President 10/27/202210/28/2022