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HomeMy WebLinkAboutProfessional Services Agreement with Rocky Mountain Security Service Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Deputy Chief Marty Kent SUBJECT: The private security company we have contracted with for sitting with the intoxicated citizens placed into protective custody has gone out of business. We have written a new contract with a different private security company to assist us with the same service. The purpose of this memo is to seek the contract approval of the City Commission. MEETING DATE: August 31, 2009 AGENDA ITEM TYPE: Consent RECOMMENDATION: We are requesting the City Commission approve this new contract between the Bozeman Police Department and Rocky Mountain Security Service for the purpose of sitting with intoxicated citizens placed into protective custody. BACKGROUND: We have used the services of a local private security company since September 2004. When the Bozeman Police Department places an intoxicated citizen into protective custody, mental health counselors will not evaluate that subject until the level of intoxication reaches a .08 blood alcohol concentration, BAC. Based upon the particular level of intoxication, it may take anywhere from 1 to 3 days to reach a .08 BAC. Taking a patrol officer off the street and out of the call rotation for that length of time can have a significant impact on patrol resources. It is less expensive to pay a security officer than a police officer and the shift does not suffer from the loss of one officer. If the level of intoxication is low or non-existent, the services of the security company are not needed and a police officer stays with the subject. This arrangement between the Bozeman Police Department and Rocky Mountain Security Services will come to an end with the opening of the Mental Health Crisis Center. The center will have secure rooms with beds and the staff to watch the intoxicated subjects in need of a mental health evaluation. When the facility opens, the Bozeman Police Department will conclude this contract with Rocky Mountain Security Services. FISCAL EFFECTS: Our FY10 budget for General Contracted Services will support this continued service. ALTERNATIVES: As suggested by the City Commission. Attachments: Professional Services Agreement with Rocky Mountain Security Service Report compiled on: August 26, 2009 24 Professional Services Agreement Rocky Mountain Security/City of Bozeman Page 1 of 6 PROFESSIONAL SERVICES AGREEMENT THIS IS AN AGREEMENT made as of the ___ day of ___________, 2009, between Rocky Mountain Security Service, A Professional Security firm, (Rocky Mountain) and THE CITY OF BOZEMAN, a Municipal Corporation, Bozeman, Montana, (City) Whereas, the work and services described in this Agreement are essential to the safety, health and well-being of the City of Bozeman. Whereas, the City is required to maintain a custodial presence with respect to individuals who have been placed in emergency detention for possible mental health commitment proceedings. Whereas, the City cannot adequately respond to other law enforcement calls when officers are engaged in such a custodial posture. Whereas, Rocky Mountain represents that it is willing and qualified to perform the professional services described in this Agreement. Therefore, in consideration of the foregoing recitals and the mutual covenants and conditions contained herein, the parties agree as follows: 1. Performance/Responsibilities Rocky Mountain’s services shall consist of providing security guard services on an as- needed basis to provide security for Protective Custody holds of the Bozeman Police Department while those holds are being monitored or evaluated by a “Professional person” or “Mental health professional” as defined in §53-21-102 MCA at Bozeman Deaconess Hospital, 915 Highland Boulevard, Bozeman, MT, or at another location as necessary. Rocky Mountain’s services may include providing security guard services on an as- needed basis to provide additional or relief security for the Bozeman Police Department at the Law & Justice Center. The Bozeman Police Department shall request services by contacting Rocky Mountain. The City shall not be required to give more than thirty minutes advance notice of the need for services. If it is unable to respond to a request for service within thirty minutes of the call, Rocky Mountain shall immediately advise/notify the City. The reasons for the delay shall be stated at that time and an estimate of the response time shall be given. The City may then determine whether to cancel the request or await the arrival of Rocky Mountain. The City may still cancel the request prior to the arrival of Rocky Mountain. A representative of each party shall administer this Agreement with regard to notification and placement of personnel, additional training requirements, and billing services. Rocky Mountain is ultimately responsible for all decisions related to its provision of services under this Agreement. Rocky Mountain shall provide all uniforms and other equipment necessary to 25 Professional Services Agreement Rocky Mountain Security/City of Bozeman Page 2 of 6 perform the services of this Agreement. All employees performing the services under this Agreement shall receive appropriate training and supervision from Rocky Mountain. While the City may advise Rocky Mountain in the event there appears to be any deficiency in the response, performance, or training of any personnel assigned to respond to a service call, the manner in which services are provided at any given time shall be within the discretion and direction of Rocky Mountain only. 2. Financial Arrangements Compensation for services shall be based upon the hourly rate of $32.00 (Thirty Two Dollars). For each service request, Rocky Mountain will be guaranteed a minimum of two hours when the security officer(s) arrives and takes over monitoring/supervision of Protective Custody duties. Cancellation prior to actual arrival does not entitle Rocky Mountain to the minimum fee. Rocky Mountain shall submit an invoice to the City, through the contact person, every two weeks for all time actually worked under this Agreement according to the City’s claims procedure. The contact person shall review and approve for payment all invoices submitted before submitting the approved invoices to be paid pursuant to the City’s policy. Rocky Mountain shall maintain a City Business License. In the event an employee or agent of Rocky Mountain is required to attend court hearings, or other proceedings as part of or in connection with the services provided, the City agrees to pay per diem and mileage according to the rates used by the City and in effect at the time. These amounts may not be billed to the City if the fees are covered and included in the witness’ fee paid and authorized by the Court. The City will not pay overtime rates for any service under this Agreement. Rocky Mountain shall provide sufficient staff and appropriate scheduling to transition employees during the performance of any service so that overtime rates are not incurred. Holiday rates may be incurred for the following holidays: New Year’s Day; President’s Day; Memorial Day; Independence Day; Labor Day; Veteran’s Day; Thanksgiving Day; Christmas Day 3. Duration of Agreement/Termination This Agreement shall continue for a renewable one (1) year period unless sooner terminated. The Agreement may be extended for a like period of time by either party upon notice, in writing, of the intent to so extend. Either party may terminate this agreement for any reason upon thirty (30) days written notice to the other party at the address as stated below. 4. Employment 26 Professional Services Agreement Rocky Mountain Security/City of Bozeman Page 3 of 6 Rocky Mountain is an independent contractor and shall not be considered in any way to be acting as an agent or employee of the City. Rocky Mountain shall be responsible for paying or withholding wages, taxes, unemployment compensation contributions, license fees, benefits and all other expenses related to Rocky Mountain’s employees. Rocky Mountain shall have the sole responsibility for determining the qualifications and employment terms of its employees. The City may not interfere with the employment relationship. Rocky Mountain shall, prior to execution of this Agreement, provide to the City proof of insurance to meet the following standards: Type of Coverage Limits Employer’s Liability $100,000 per incident General Liability: Bodily Injury & Property Damage, Single and combined $1,500,000 per incident General Aggregate $3,000,000 Excess Liability coverage (umbrella) $1,500,000 each occurrence Automobile Bodily Injury covering all automobiles, trucks, tractors, trailers, or other automotive equipment whether owned or rented by Consultant or owned by employees of Consultant $1,500,000 each person $1,500,000 each occurrence Property Damage covering all automobiles, trucks, tractors, trailers or other automotive equipment whether owned or rented by CONSULTANT or owned by employees of Consultant; OR $ 100,000 each occurrence Bodily Injury & Property Damage, single and combined $1,500,000 each occurrence In addition, Rocky Mountain shall provide proof of Worker’s Compensation coverage in an amount acceptable to the City. The City shall be named an additional insured on all coverage. 5. Hold Harmless. Rocky Mountain agrees to release, defend, indemnify and hold harmless the City of Bozeman, its officers, employees, agents and assigns from and against any and all actions, claims, liabilities, demands or assertions of liability, causes of action, losses, costs and expenses including, but not limited to, reasonable attorney's fees, involving or relating to any harm, injury or damage, suffered or sustained by Rocky Mountain’s employees, agents and representatives, or any third party, which in any manner may arise or be alleged to have arisen, or resulted or alleged to have resulted from any acts or omissions of Rocky Mountain, its agents, employees or assigns during the performance of any part of this Agreement. 27 Professional Services Agreement Rocky Mountain Security/City of Bozeman Page 4 of 6 6. Notices All notices required under this Agreement shall be deemed properly served if delivered in writing, personally, or sent by certified or registered mail to the address given below. Unless and until changed by either party by notice in writing, notices shall be sent to: Bozeman Chief of Police City of Bozeman PO Box 1230 Bozeman, Montana 59771-1230 Stuart Cook Rocky Mountain Security Service 2990 Thorpe Rd. Belgrade, Montana 59714 The date of mailing shall be deemed the date of such notice and service thereof. 7. Breach Notice in writing shall be given within ten (10) business days of any claimed breach or default as a condition of any right to claim damages or other remedies. The party allegedly in breach or default shall be given a reasonable period within which to investigate and remedy any alleged breach or default. 8. Waiver It is agreed and understood by and between the parties that a waiver by either party of any breach of any term, covenant or condition herein shall not be deemed a continuing waiver of that breach or be deemed to imply or constitute a waiver of any subsequent breach of any term, covenant or condition under this agreement by either party. 9. Entire Agreement This Agreement constitutes the entire agreement between the parties. No alterations, modifications, or additions to this Agreement shall be binding unless reduced to writing and signed by both parties. No covenant, term or addition to this Agreement shall be deemed waived by either party unless such waiver shall be reduced to writing and signed by the parties. 28 Professional Services Agreement Rocky Mountain Security/City of Bozeman Page 5 of 6 10. Amendments The terms and conditions of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties. No oral modification shall be enforceable. 11. Severability The provisions of this Agreement shall be deemed independent and severable, and the invalidity, partial invalidity, or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision herein. 12. Attorney's Fees. In the event it becomes necessary for either Party to this Agreement to retain an attorney or use an in-house counsel, to include the City Attorney, to enforce any of the terms or conditions of this Agreement, then the prevailing Party shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel. 13. Construction and Venue This agreement shall be interpreted according to the law of the State of Montana. Venue in any dispute arising from this agreement shall be in the Eighteenth Judicial District Court, Gallatin County, State of Montana. 14. Titles The titles in this agreement are for reference purposes only. 15. Effective Date This Agreement shall be effective after approval by the respective governing bodies. It is the intent that said Agreement shall be effective on the date stated in the first paragraph of this Agreement. CITY OF BOZEMAN By______________________________________ Chris Kukulski, City Manager Attest: _______________________________ Clerk of the City Commission Rocky Mountain Security Service 29 Professional Services Agreement Rocky Mountain Security/City of Bozeman Page 6 of 6 By_____________________________________ Stuart Cook 30