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HomeMy WebLinkAboutAgreements/Contracts - Central Serviceswu,U,L,dv%�- THIS CONTRACT ("Contract"), entered into by and between GRANT COUNTY, duly organized and operating under and by virtue ofthe Constitution and the laws of the State of Washington, ("County"), and PARKER CORPORATION dba PACIFIC SECURITY, Inc., - ("Contractor"), a corporation. In consideration ofthe mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Work of ContrAct/Scope of Work. The Contractor shall do all work and furnish all tools, materials, equipment, and things of every description, necessary to perform security duties in various County locations. The term "work" shall mean all work individually and/or collectively performed by the Contractor during the contract period. 2. WorkSites. The work shall beaccomplished -upon the real property conunonly known and situated on or about Division and "C" Street, Ephrata, Grant County, Washington, and as more specifically described in the tablebelow.- 1. Grant Coun!y Law & Justice Bldg. 35 C street NW, Ephrata WA 98823 2. Grant County Youth Services Building 303 Abel Rd. Ephrata WA, 98823 3. Grant Coin District Court 1525 -Wheeler Rd, Moses Lake WA 98837 4. Grant Counf District Court 35 C street NW, E hrata WA 98823 3. Date of Commencement and Date of Coo npleflon. The Contractor shall commence operations within the County Buildings beginning March 1St, 2023. County shall be in receivership of all insurance requirements. 3.1.1 Contract Surn and Teres. The agreed contract sum, including all Contractor compensation, except for provisions set forth below; this contract shall be in effect from March 12023 expiring on March 1, 2026. Upon authorization of the Contract, all 'insurance and other requirements must be fulfilled bythe Contractor. This contract may be renewed by the County in two (2) year increments. Renewal is neither automatic nor assured. The contract will include the specifications and requirements in original proposal. Where -service . p level or other modifications have been mutually agreed upon in writing by the County and its Contractor, such modifications shall become part of the contract. 3.4 Pricing shall remain firmly fixed for the first two (2) years of this contract. Any price changes for following years must first be requested with justifying remarks in writing pri 6 or to October I$% of any calendar year. 3.5 Billings will be submitted for services rendered in arrears monthly. The bill will be submitted for one -twelfth (1/ 12) ofthe base annual contract award amount, plus any costs for the additional work authorized by the County in the previous month. Monthly bills will be itemized by facility/service. 3.6 The Contractor shall not engage in discrimination, as defined by applicable State or Federal law, in hiring, selection, retention, promotion, or treatment of any person employed because of this contract, M 3.7 The billing table below delineates the following: Price may vary to a small degree dependent upon the number of hours for "On Call" officers as required at various locations. TABLE I Event Amount Monthly Billing, Grant County Courthouse $ 26;394.00 Attn: Central Services PO Box 37 / 35 C street NW Ephrata WA, 98823 Total Value of this contract annually $3162728.00 4. 111demnily and Hold Ha The Contractor shall defend, indemnify and hold the County, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits, including attorney fees, arising out ofor in connection Nvith the perfon-nance of the contract, except for injuries and damages caused by the sole negligence of the County. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, title 51 RCW, solely for the purposes of indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration of termination of this contract. 5. 1 1115,,urance. The Contractor shall procure and maintain for the duration of this contact, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors. The Contractor shall provide a Certification of Insurance evidencing: a. Automobile Liability insurance with limits no less than $ 1,000,000 combined single limit per accident for bodily injury and property damage; and b. gmnniercial. Generai Liabilit insurancewrittenonanoccurrencebasiswithlimits no less than $1,000,000 combined single limit per occuiTence and$ 1,000,000 aggregate for personal injury, bodily injury, and property damage. Coverage shall include but not be limited to: �j blanket contractual; products/completed operations; broad form property damage; explosion, collapse and underground (XCU) if applicable; and employees liability. C. Worker's Con p engatioti insurance at the I' its established by the State of Washington. uni Any payment of deductible or self-insured retention shall be the sole responsibility of the Contractor. The County shall be named as an additional insured on the insurance policy, as respect to work performed by or on behalf of the Contractor. A copy of the endorsement naming the County as additional insured shall be attached to the Certificate of insurance. The Contractor's insurance shall beprimary insurance with respect to the County and the County shall be given thirty (30) days prior written notice of any cancellation, suspension or material change in coverage. 6. Ppy-ments Wi thheld. The County may withhold or, on account of subsequently discovered evidence, nullify the whole or part of any payment to such extent as may be necessary to protect County from loss or damage for reasons including but not limited to: a. Work not in accordance with the Contract. b. Reasonable evidence that the work required by the Contract cannot be completed for the unpaid balance of the contract sum. C. Work by the County to correct defective work or complete the work,, d. Failure by the Contractor to perform in accordance with the Contract; or e. Cost or liability that may occur to the County as the result of Contractor's fault or negligent acts or omissions. PROVIDED: In any case where part or all of a payment is going to be withheld for unsatisfactory performance, the County shall, notify Contractor in accordance with RCW 39.76.01 1(b). 7. Authori, fCoim!y. If the Contractor fails to perform the work according to the requirements of the Contact Document, the County shall provide written notice of the deficiency to the Contractor and Contractor shall correct the deficiency in the work in a timely mamer as agreed to between the County and the Contractor. The intent of this requirement is to ensure that services are provided within the schedules set forth in the proposed hours by the Contractor found in this document. If the Contractor fails to correct the deficiency or fails to take and continue all appropriate steps to initiate the corrections, or in the event corrections cannot bereasonably completed in a timely manner, the County may, Without prejudice to other remedies, (a) use County forces, other contractors, or other means to make good the Contractor's deficiency and (b) deduct from the Contractor's payments the cost of such effbit. 8. Successors and Assians. The County and Contractor respectively bind themselves, their partners, successors, assigns, and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives ofsuch other party in respect to covenants, agreements, and obligations contained in the Contract. Neither party shall assign the work without vnitten consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations set forth in the Contract. 9. Changes in Work. The County may, at any time and without notice to Contractor's surety, order additions, deletions, revisions, or other changes inthework. These changes in the work shall be incorporated into the Contract Document through the execution of Change Orders. If any change in the work ordered by County causes an 'increase or decrease in the contract sum or the time of performance, an equitable adjustment shall be made, and such adjustment(s) shall be incorporated into a Change Order. lithe County desires to order a change in the work, it may request a written Change Order proposal from Contractor. Contractor shall submit a Change Order proposal within fourteen (14) days ofthe request from the County, or within such other period as mutually agreed. Contractor's Change Order proposal shall include full compensation for implementing the proposed change in the work, including any adjustment in the contract siirn or time ofperfonnance, and including compensation for all delays in connection with such change in the work and for any expense or inconvenience, disruption of schedule, or loss of efficiency or productivity occasioned by the change in the work. Upon receipt ofthe Change Orderproposal, or arequest for equitable adjustment inthe contract sum or time of performance, or both, the Countymay accept orreject the proposal, request further documentation, or negotiate acceptable -terms with Contractor. Pending agreement on the terms ofthe Change Order, the County may direct Contractor to proceed immediately with the Change Order work. Contractor shall not proceed with any change in the work until it has obtained the County's approval. All work done pursuant to any County -directed change in the work shall be executed in accordance with the Contract. 10. No Neither the Contract, nor any agreement implied therefrom, constitute the Conti-actor as an agent or legal representative ofthe County for any purpose whatsoever, and the relationship ofthe Contractor to the County byreason ofthe Contract Document shall be that ofan independent contractor. The Contractor is not granted any express or implied right or authority to assLume or create any obligation or responsibility on behalf of or in the name of the County or to bind the County in any matuier or thing whatsoever. 11. ,Survival. In the event any clause or provision of this Contract shall be held to be invalid, then the remaining clauses and provisions shall nevertheless be and remain in full force and effect. 12. nam green Contract and Proposal embodies the entire agreement between the parties. All other agreements, oral or written, are hereby merged into and superseded by the Contract. There are no other agTeernents which modify or affect the terms hereof. No amendment here-to shall bebinding unlessthe -terms -thereof are in writing signed by both parties. Time is ofthe essence. No verbal or other agreements modify or affect the Contract. Either party can tenninate this agreement -for any reason with 30-days written notice. 13. anation. offlocuments. The Contract has been filly reviewed, by the Contractor. The Contractor has had the opportunity to consult -with legal counsel as to the legal effect ofthe Contract. 14. Nbtices. All notices which may be required pursuant to the terms hereof are to be in writing and delivered personally to theparty to receive the same, ormailed byregular rnail;postage prepaid to the address specified adjacent to the parties' signatures. All notices shall be deemed served. upon delivery thereof orthree (3) days following deposit of the notice in the U.S. malls as required herein. 15. Headings, COPISVLIChOn. The headings of the sections and paragraphs are inserted solely for the convenience ofthe parties and are not a part of and are not intended to govern, limit or aid in the construction of any term or provision hereof In construing the parties' intent with regard to this contract, no greater or stricter constniction of any ten -n or provision hereof shall be asserted against the County as drafter. 16. DisT)qtes,.Attor4arising out of, or relating 'sFees. In any controversy, claim or dispute ng to, this SA -1, 0 contractorthei.-nethod and manner of erformance thereof or the breach thereof, the prevail' P ing party shall be entitled to be awarded i is reasonable attorney's fees in addition to such other dcirnages as are appropriate. If neither party wholly prevails, the party that substantially prevails, shall be awarded its reasonable attorney's fees as litigation expenses. For the purposes of this provision, the terms "proceeding" and "litigation" shall include arbitration, administrative, bankruptcy, and judicial proceedings, including appeals therefrom. For purposes ofthis contract, the actual attorney's fees inctu-red shall be deemed "reasonable". 17. Governing LaNy / vel. The perforniance and, interpretation of the Contract Document shall be governed and interpreted in accordance with the laws ofthe State ofWashington. Any litigation arising out of or in connection with this Contract shall be conducted in Grant County, Washington. IS. Security Presence.. All Pacific officers at ALL locations shall be unarmed security officers. Armed officers are not authorized. It is the Counties desire to always have trained unarnied officers. 19. Post Orders. Post Orders have been written and agreed to by both parties. Post orders for Grant County Facilities sb.all be always followed and no changes shall be made to Post Orders without consulting with and the County agreeing to any changes. '% 9 Dated the /b sof Ftb��b2l CONTRACTOR: Parker Corporate Services Inc (DBA) Pacific Security 2009 Iron Street Bell i'ligbalili- WA 98225 BY,; ""bperat A.nr tons Manager °•���°�° `� N. 602-040-772 xn Dated the .4—of, 2023. hew, EST: ATTTESTO Bar6arA J. Vasquez C I f th Approved as to form, o'r.-f =M- By4'M9Wiy.C�Y�+ H��w'^wss � s'�"�y4,uw - H....s..s. ............. BOARD OF COUNTY COMMSSIONERS GRANT COUNTY, WAS GTON I RVIII 1 0 Cindy Carter, Vice Chair API Danny e St? , Member 61 X r. T A A %0 Deputy Prosecuting Attorney Date: February 21, 2023 Barbara G. Duerbeck WSBA 53946 Client: Grant County Courthouse Date: March 2,, 2023 Original Post Orders Locations,: Grant County Courthouse 35 C Street NW, Ephrata WA. 98823 Grant County Youth Services 303 Abel Rd, Ephrata WA. 98823 Grant County District Court 1525 -Wheeler Rd. Moses Lake WA 98837 Uniform: "Pacific Security" Polo, khaki tactical pants, and black duty boots. The officer will ensure his /her PACIFIC SECURITY -issued weather -appropriate clothing, such as a uniform sweater or jacket, are available as current conditions require. /S /YS, District Court, Superior Court, Youth Services respectively through this document). Armament: (DC/SC/YS) this is an unarmed site. Armed officers are not authorized at this time. Equipment,, (DC/SC/YS) the officer is required to carry his/her state guard permit while performing duties. The officer will carry handcuffs /keys if certified. The officer should also have a pocketnotepad, black inkpen, andprotective latex/non-latex gloves. Additionally, the officer will have access to the current PACIFIC SECURITY Policies & Procedures manual, Security -Based Customer Service manual, current schedule, and forms while on duty. The following equipment is provided on-site by the client: Rapiscan Metor 6M WTMD Rapliscan X-ray scanner, Model 620.XR Rapiscan Metor 28 handheld scanner Stanchion, barriers All assigned officers will Read & Slign the court "INSTRUCTIONS FOR USE OF X-RAY MACHINE AND WALKTHROUGH METAL DETECT .."" Primary Task: (DC/SC/YS) 0 The primary role of the assigned officer is to provide a security screening service for all personnel entering the 1,aw and Justice Building and all Courtrooms during regular working hours. 0 The officer will arrive on-site and be ready for duty atthe scheduled time. The typical schedule will be 0800 1700. End -of -shift times may vary depending on the progress ofthe court hearings. Inspect and turn on all equipment to ensure It is functioning correctly before the building opening the building. The main courtroom doors Will beopened by couxtstaff. Inspect the lobby, restrooms, and public areas to ensure no suspicious items orunauthorized persons Inside 'de the facility before opening the main doors. nsi I All hearings are open to the public unless otherwise specified. Screening Procedure (DC/SC/YS) Greet all guests as they enter the building. Ask all entrants to remove all items from their pockets and place them in the trays provided. All items presented will be inspected to ensure contraband items do not enter the facility. Belts do not have to be removed. Some belts may be turned outward to show the backside of the buckle to -ensure no weapons are attached to the back. The primary purpose of the security checkpoint is to prevent weapons from entering the Courthouse. Should drugs be discovered while ensuring weapons do not enter the Courthouse, they may be seized and turned over to law enforcement Ask the *Individuals to sit down and call law enforcement. Do not use force to detain someone unless your or another's safety is in jeopardy. 4. Place all purses, bags, briefcases, backpacks, and packages on the conveyor belt of the x-ray machine and pass-through for inspection, The officer will visually inspect any suspect item as it exits the scanner. 5. All persons entering the court hearings must pass through the metal detector (magnetometer). Any alarms will be resolved before allowing the visitor to proceed. The hand scanner may be used to assist in detemuining if there is a presence of contraband items. 6. Safety ;shoes will likely set off the metal detector. Use the hand scanner to complete the scan, 7. Items such as knives, pocket knives, box cutters, guns, ammunition, explosive devices, or other weapons are not allowed in the facility. Law' enforcement personnel who are armed and on -duty may proceed. Lockboxes are located in the lobby. 8. Any persons possessing unauthorized items will be asked to take those items out to their vehicle. All events involving unauthorized items will be documented with the individual's name, time, and a description of the item. If it appears someone is deliberately attempting to evade security, you may hold the item and call the 9. Persons who do not comply with directives will be asked to leave the building. If they do not leave, advise them that law enforcement will be called if they do not comply. Do not get into physical confrontations with persons except in, defense of yourself or others. 10. If anyone is asked to leave the courtroom, PACIFIC SECURITY Staff will be informed, and individuals will not be allowed into the building unless allowed by law enforcement, 11, If a person needs to be restrained and detained for Law Enforcement, facility staff will provide a room to separate the individual from the courtroom until they arrive. This will be any available conference room or, as a last resort, the maintenance office in the law and justice building. PERSONNEL EXEMPT FROM PASSING THROUGH SECURITYSCREENING: (DC/SC/YS) County Employees with County -issued Picture ID on their person Judges (Including Court Commissioners, Pro Term Judges, and Visiting Judges), On -Duty Law Enforcement Officers Off -Duty Law Enforcement Officers with valid, Department -issued picture ID proving their identity and affiliation with the appropriate law enforcement agency. On -Duty First Responders (Firefighters and ambulance crews) On -Duty Military or Security Personnel who are coming to court under theirofficial. duties An ininate in the custody of Jail Staff - O Juveniles who are assisting Juvenile Probation Officers, at the discretion of the Probation fficers. Courtroom Rules for Persons Entering the Courtroom: (DC/SC/YS) 1. Cell phones shall be silenced. 2. No food or drinks in the courtroom. 3. No weapons or items deemed as possible weapons are allowed, 4. Talking is not allowed unless addressed by the judge. 5. Disrupting the court is not allowed. 6. Ripped pants, tank tops, spaghetti straps, shorts, open -toed shoes/sandals, and clothing displaying offensive materials 7. No backpacks are allowed 8. Any headgear to include caps, dew rags, and the wearing of hoods on the head are not allowed. 9. Picture taking/videos/recorders are not allowed unless authorized by Grant County District Court. 10, Anyone who fails to comply with courtroom rules will be asked to -wait outside the courtroom and check in with the clerk or Court administration office, End of Shift Duties: District Court., 1. Prior to the courtroom doors being secured, the officer may assist facility staff to inspect the courtroom to ensure no unauthorized, persons remain inside. 2. Inspect the lobby, restrooms, and public areas to ensure there are no unauthorized persons remaining on the premises. 3. Provide any logs of prohibited items or incident reports to the facility staff. 4. Remove stanchions and return them as directed by facilities staff. S. Ensure the work area is left in a clean and organized state, and all equipment is turned off prior to departing, Superior Courk 1. Inspect the lobby, restroom s, and public areas to ensure there are no unauthorized persons remaining on the premises, 2. Provide any logs of prohibited items or incident reports to the facility staff. 3. Remove stanchions and return them as directed by facilities staff. 4. Ensure the work area is left in a clean and organized state, and all equipment is turned off prior to departing, Standard Duties: - Check-in/out via Team Express App at the beginning and end of each shift. - The officer will remain on-site to protect personnel and property until they are relieved or the end of shift. - Notify Pacific Security Protective Management of all incidents; complete all relevant incident reports. - In case of a true emergency (fire, life-threatening injury, etc.), do not hesitate to call 911 - Know the location of fire escape routes, fire extinguishers, and designated assembly area(s) if an incident requires evacuation. Know the site emergency response procedures, Assist as needed. - Inspect the site periodically to ensure there is no damage to structures/fences, ensure exterior doors and exits are secure and not blocked, and ensure no person(s) loitering on site, - In case of suspicious activity, immediately obtain a description of the vehicle(s) and or person(s) involved. Notify the Site Contact If requested, if emergent, call 911$ - In case of unsecured doors, vandalism, damage, or physical altercations, take immediate action as necessary to miltigate/reduce damage or injury. Remove person(s) involved to an isolated area and notify the Site Contact of the incident. The Site Contact will determine how to handle the situation, - Follow all standard PACIFIC SECURITY policies as outlined in the PACIFIC SECURITY Policies and Procedures manual. - Notify your PACIFIC SECURITY Shift Supervisor, James Matti x (509) 881-9633 in situations not covered by this post order, attachments, or manual. - Submit a brief Situation Report (SITREP) as needed for incidents, Additiona'18 Duties: (As required) (DOSOYS) -Foot patrols (When screening traffic is slow) -Patrol the interior and exterior of the Courthouse on a random basis. -Additional duties as requested by PACIFIC SECURITY Site Supervisor Money Deposit: (DC) 1. Money should be transported directly to the bank, with no delays or detours. 2, Routes to the bank should be random while never implementing the same route consecutively. 3. An officer should always remain aware of their surroundings to ensure their safety., 4. Any discrepancies should be immediately reported to court staff, and an incident report filed. 5. Ensure the money bag is locked and secured before leaving the district court office and that it is locked and secured before leaving the bank when returning to the district court building. Assisting Staff: All PACIFIC SECURITY Officers are authorized to assist Grant County Sheriffs Deputies as requested. SITE CONTACT: Primary: Facilities: Sheriff: District Court: Youth Services: Pacific Security Contacts: Tom Gaines, 509-237-2920 Kevin Schmidt, 509-237-4081 Dan Durand, 509-750-6259 Desiree Ochocinski, 509-237-4653 Suhail Palacio, 509-237-9821 Scott Olson, 509-750-4451 Operations Supervisor,- James Mattix, 509-881-9633 Field superintendent; ointo Venegas 509-449-2546 Operations Manager; Jay Yarbrough, 509-393-3601 a Dealing with Weapons, Officers will maintain situational awareness be alert to any behavioral concerns that would indicate a threat by the visitor, Discovering a weapon in a purse, bag, or package via the x-ray process. The visitor will be asked to remove the weapon from the facility and given the opportunity to facility depart. Discovering a weapon on a person via the metal detector. The visitor will be asked not to place their hand(s) on the weapon and to depart the facility and properly secure the weapon in their vehicle. Suspicious Packages/ Suspected Explosive Device: (Facility procedures) Dealing With People: There are several basic guidelines for dealing with people, which are mostly common sense: Bepolite and tactful. Use titles, such as "Mr,," "Mrs.," and "Ms." Say "sir" and ffma'am.," and "please" and "thank you" when you address people. Use proper English when speaking to people. Speak clearly and at a well - modulated tone. Do not mutter or say things under your breath. Never use profanity, inappropriate slang, or disrespectful language while you are on duty. Do not use inappropriate gestures when speaking to people. Always remain calm, no matter how much you are provoked. Do not show anger or impatience with people. Never argue with people. Your physical demeanor is crucial. If you are at a post that requires you to stand, do not slouch or lean against walls, desks, or security equipment. If you are at a post with a seat, do not slouch and do not put your legs up on desks or equipment. Never rest your head on your hands, which gives people the impression that you are sleeping or bored and not serious about your duties. Be observant at all times, and take notes of unusual incidents or events that cause concern. If you are assigned to the same facility for a long period of time, you can, be a valuable source of intelligence in the event a crime or serious incident occurs. When you obtain information for a report, get all the facts as soon as possible and be open-minded when observing them. * Only use the minimum amount of force necessary to control a situation There are six handcuff rules to follow: Use of Force: 1. Handcuffs will be provided to officers that pass the required training. 2. Handcuffs will never be used as a weapon. 3. Always double lock handcuffs 4. Always document the use of handcuffs and the reason, for use in your narrative 5. Never handcuff a subject to any fixtures or structures to prevent escape, 6. Be careful not to place the handcuffs on the subject too tightly, as this may cause injury to their wrists. You should only detain a person when necessary and with the minimum level of force needed to control the situation. Always identify yourself before detaining a subject Suppose you are working as a uniformed officer. In that case, you should always have the police detain or arrest subjects if there is no immediate threat of danger to yourself, clients, client representatives, or client customers. No head or neck holds. Force should not be used to detain a subject unless personal or another's safety is at risk. Should contraband be discovered, ask the subject to Use of force spectrum: Physical contact: Physical detainment (Last resort): take a seat and call the police. No fleeing subject should ever be chased off the client's property. Remember always give verbal commands while detaining a subject. Notify your shift supervisor in any situation force is used, Deadly force is that force a reasonable person would consider likely to cause death or serious bodily harm. Its use may be justified only under conditions of extreme necessity when all lesser means have failed or cannot reasonably be employed. Verbal requests: "Excuse me, sir, step to the side with me," Verbal commands: "Sir, you are going to step to the side with me." Firmly grab subjects' elbow, the hood of coat, etc. Place your palm in the middle of the subject's back. Remember to give verbal commands always. Placing the subject into hand restraints ASAP with the minimumforce needed. Only agents/officers with PACIFIC S ECU RITY-app roved training may carry handcuffs. Please remember people are watching you and may even be video recording you with a cell phone camera and site cameras; your actions will be under scrutiny. Err on the side of caution. Always act professionally.