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
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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
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Court Security Services
GREG WHEELER, MAYOR By: ____________________
Its:
Date: Date:
APPROVED AS TO FORM:
_______________________
Kylie J. Finnell, City Attorney
ATTEST:
______________________
Angela Hoover, City Clerk
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Dan Larson
President
10/27/202210/28/2022