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HomeMy WebLinkAbout2025-06-16 J01G_09 Park Security Services AgreementAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: June 16, 2025 AGENDA ITEM:Consideration of approval of a resolution approving an agreement between the City of Waukee, Iowa, and Per Mar Security Services for overnight security at Triumph Park for July 3-5, 2025. FORMAT:Consent SYNOPSIS INCLUDING PRO & CON: The Parks & Recreation Department has worked with Per Mar Security Services to provide one employee for overnight security at Triumph Park for July 3-5. Security will present from 8 p.m. – 2 a.m. The cost associated with this agreement is $735.00. Per Mar Security will enforce the fireworks policy restricting use of fireworks on public property and the ordinance of the park being closed at 10 p.m. With the vandalism, fireworks, and dumpster fire that occurred in 2024 over the 4th of July staff recommends approval of this contract. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: Approve Contract RECOMMENDATION: Approve Contract ATTACHMENTS: I. Agreement PREPARED BY: Josh VandeKamp REVIEWED BY: Matt Jermier PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: J1G9 THE CITY OF WAUKEE, IOWA RESOLUTION 2025- APPROVING PER MAR SECURITY SERVICES AGREEMENT [WAUKEE PARKS & RECREATION DEPARTMENT] IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal Organization; AND, WHEREAS, the City of Waukee Parks & Recreation Department wishes to engage the services for security at Triumph Park for the dates of July 3-5, 2025 from 8 p.m. to 2 a.m.; AND, WHEREAS, Per Mar Security Services, of Davenport, Iowa, has provided a Security Service Agreement for such services. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council that the Security Service Agreement [Waukee Parks & Recreation Department] is hereby approved. Passed by the City Council of the City of Waukee, Iowa, and approved this 16th day of June, 2025. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN R. Charles Bottenberg Chris Crone Rob Grove Anna Bergman Pierce Ben Sinclair 1 | Security Office Temporary Services Contract SECURITY OFFICER TEMPORARY SERVICES CONTRACT This agreement is made and executed this 6th day of June, 202525, by and between Per Mar Security and Research Corp., an Iowa Corporation (hereinafter called “Per Mar”) and City of Waukee (hereinafter called “Client”) for one security officer from 8:00 pm to 2:00 am on July 3rdrd, 4thth and 5thth, 2025. Whereas, Client maintains and operates a city in the city of Waukee, State of Iowa. Now, for the consideration hereinafter set forth, the following is agreed by and between the parties: 1.1.That Client engages Per Mar to furnish Security Officer Service at Triumph Park located at 700 Douglas Parkway, Waukee, Iowa 50263 under the terms set forth below. 2. Without limiting responsibility of Per Mar for the proper conduct of the Security Officers and the protection of the property, the conduct of the Security Officers is to be guided by policy and rules agreed upon between Client and Per Mar; and such other special written instructions applicable to the services as may be agreed upon by the parties from time to time. 3. Per Mar is responsible for the direct supervision of its Security Officers through its designated agent at the premises to which this contract relates and such agent will in turn be available at all reasonable times to report and confer with the designated agent of the Client with respect to the services. 4. Per Mar agrees that the protection services covered by this contract shall be performed by qualified employees in conformity with practices current in the security industry. Per Mar further agrees that, upon request from Client, Per Mar will remove from service hereunder any of its employees who, in Client’s opinion, is guilty of improper conduct, as quickly as a qualified replacement can be made available. 5. All personnel required for the performance of this agreement shall be employees of Per Mar, and Per Mar shall be responsible for the payment of compensation, payroll taxes (federal, state and local), worker’s compensation and liability premiums. Where required, Per Mar shall be responsible for the furnishing of uniforms and identification badges. 6. Client will pay Per Mar as set forth in the following schedule of billing rates. Per Mar's invoices are payable upon presentation to Client, without deduction or offset of any kind or nature whatsoever. Client agrees to pay Per Mar interest at one and one-half percent per month or such maximum amount as permitted by law, whichever is less, on any invoice not paid within thirty days of invoice date. In the event Per Mar incurs costs associated with enforcing this or any other provision of this agreement, the costs, to include attorneys’ fees will be paid by the Client. SCHEDULE OFOF BILLING RATES Position Hourly Rate Overtime and Holiday Rate Security Officer $ 35.00 $ 52.50 7. In addition to the schedule of billing rates provided herein, the Client shall pay any sales or servi ce taxes which Per Mar is required to charge under applicable laws. If Client pays by credit card Per Mar will charge a 3% surcharge on all transactions. Per Mar shall invoice Client for Services weekly. Client shall pay the holiday billing rate as specified in the schedule of billing rates for service rendered on the six following holidays: New Year’s Day, Memorial Day, Independence Day (July 4th), Labor Day, Thanksgiving Day, Christmas Day. 2 | Security Office Temporary Services Contract 8. It is understood and agreed that Per Mar is not an insurer and that insurance, if any, covering personal injury and property loss or damage on Client’s premises shall be obtained by Client; that Per Mar is being paid for security services designed to augment Client’s overall security program and the amounts being charged by Per Mar are not sufficient to warrant against loss; and Per Mar does not assume responsibilities for any losses which may occur unless due to Per Mar’s sole negligence. Client agrees that if Per Mar is found liable for loss or damages due to Per Mar’s sole negligence, such liability shall be limited to two times the amount paid Per Mar for the Security Officer service to which this agreement applies. 9. Per Mar Insurance a. Per Mar shall maintain throughout this contract workers’ compensation insurance with limits as required by state statute, and employer’s liability insurance with a limit of at least $1,000,000. If any claim for workers compensation benefits is made against Client, Per Mar shall hold harmless, defend and indemnify Client regarding any such claims. b. Per Mar shall maintain throughout this contract general liability insurance with limits of at least $2,000,000. Client shall be considered an Additional Insured under the Per Mar policy with respect to claims for personal injury and property loss or damage on Client’s premises due to Per Mar’s sole negligence. c. If the Security Officer Service includes the use of vehicles by Per Mar security officers, Per Mar shall maintain an Automobile policy with limits of at least $1,000,000 combined single limit. 10. For temporary contracts lasting longer than 90 days, either party may terminate this contract by serving the other party with written notice at least seven days prior to the termination date. An unsatisfactory payment pattern by the Client shall constitute good cause, and service, at Per Mar’s option, may be terminated immediately without penalty. 11. This agreement constitutes the entire agreement and understanding between the parties superseding all prior representations, understandings, discussions, negotiations, commitments, and agreements of any kind. The undersigned representatives have express authority to bind their companies with respect to all matters requiring approval or authorization of the above terms and conditions. 12. Should any provision of this Agreement (or any portion thereof), or its application to any circumstances, be held illegal, invalid or unenforceable to any extent, the validity and enforceability of the remainder of the provision and this Agreement, or of such provisions as applied to any other circumstances, shall not be affected thereby, and shall continue in full force and effect as valid, binding and subsisting. 13. This Agreement is made under and will be construed and enforced in accordance with the laws of the State of the premises listed on page 1. Each party hereby irrevocably agrees that any Suit arising as a result of this Agreement shall be brought exclusively in the State Courts or the Courts of the United States located in the state of the premises listed on page 1. Each party hereby waives any right to trial by jury in any Suit brought by either party. Client agrees that any Suit against Per Mar must be commenced within one (1) year after the cause of action accrued, without judicial extension of time, or said Suit is barred. Client waives the right to bring any class action against Per Mar. In witness whereof, the parties hereto have executed this agreement as of the day and year first above written. Per Mar Security & Research Corp. City of Waukee P.O. Box 4227 230 W Hickman Road Davenport, Iowa 52808 Waukee, Iowa 50263 By:By: Name: Brad Duffy Name: Title: President Title: 3 | Security Office Temporary Services Contract Date:Date: