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HomeMy WebLinkAboutLakeland Homeowners Association AUBURN POLICE DEPARTMENT EXTRt� DUT� POLICE ElVIPLOYlVIE1�1'T COI�TTIZACT This agreement is made and entered into this�day of J��C�mR�-�2 , 201� by and between the City of Auburn and Lakeland Homeowners Association, A Washington Non-Profit Corporation, hereinafter identified as the Contractor. WHEREAS, the Contractor owns, operates or manages a business for profit or non-profit within City and in eonnection therewith requires police related services or assistance; and WHEREAS, the City is able to provide duly commissioned law enforcement off cers to provide police related services to the Contractor subject to payment for services, and the City's Chief of Police's approval; and WHEREAS, the duly commissioned officers who may provide such services will be assigned to extra duty under this eontract during their off-duty hours which will not conflict with their law enfarcement responsibilities for and duties to the City; NOW; THEREFORE, the parties agree as follows: 1. SCOPE OF PERFORMANCE: . ' The City shall provide the Contractor with extra duty police officer services as described below: (a) Number of officers: As requested by the Coritractor subject to the approval of the City's Chief of Police. Contractor requests 1-2 number of officers. (b) Hours and dates to be worked: As requested by the Contractor subject to the approval of the City's Chief of Police, with a four (4) hour minimum extra duty time per event. Contractor requests services on various dates and times to be determined. (c) Specific location of service: As requested by the Contraetor subject to the approval of the City's Chief of Folice, Contractor requests service at Lakeland Homeowners Association neighborhood and properties. (d) Duty of off cers: Security, crowd control, traffic control, (other) Patrol. 2. CONTRACT TERM AND COMPENSATION: The term of performance of the contract shall commence on January 1, 2018 and shall expire on December 31st, 2018. If officers are needed for additional days of service beyond the fixed dates, the contractor shall make a written request and specify dates and times to the Auburn Police Department by giving one(1) week's notice. This request will be attached and incorporated by reference to this original agreement during the one year time frame. Compensation: Contractor shall pay the City as full compensation for all police services furnished urider this eontract a fee of$70.00 per hour of officer time as itemized below. Contractor shall pay the City for any hours worked by officers in exceeding 8 consecutive hours and the rate of pay for those hours exceeding 8 hours will be at 1 '/z times the hourly rate. Officers working the extra duty venue will be responsible for ma.king their own arrests and writing their own police reports as well as other duties associated with law enforcement while working the extra duty assignment: In the event of this activity extending beyond the off cers' extra duty shift and/or scheduled hours; the extra duty employer will be responsible for any additional payment for time incurred. Holidays: Contractor shall pay the City for hours worked by officers at 1%z times the hourly rate for all hours worked on Holidays. Designated Holidays are as follows: New Years Eve, Thanksgiving Day, New Years Day, Day After Thanksgiving, Independence Day, Christmas Eve, Labor Day and Christmas Day Cancellation: 24-hour cancellation notice is required from extra-duty employers. Failure to provide adequate and confirmed notice to the Scheduling Coordinator will entitle the scheduled extra duty off'icer to a minimum payment of four(4) hours of the regular rate of pay. 3. PAYMENT: The Contractor shall compensate the City for law enforcement services described herein pursuant to the all-inclusive payment. The City shall invoice the Contractor on or after the first of the month for services and include detailed service information, including actual service hours and all-inclusive hourly rate, per officer. Payment shall be made by a check payable to the City of Aubui-n, and sent to the City within thirty (30) calendar days after receipt of invoice. Payments to the City that are later than (thirty) 30 days following the invoice dates shall accrue interest at the rate of 12% per annum on the balance due. All payments shall first be applied to the accrued interest. In the event that payment is not received by the City of Auburn for services provided by the Auburn Police Department, the contractor shall be responsible for all legal costs associated with obtaining proper payment. i The Contractor shall not be financially liable for scheduled law enforcement serviees wliich are not I actually performed; Provided, if a police officer has begun extra duty services under this Agreement, and then is called by the Chief of Poliee or his/her designee for an emergency, special assignment or overt'ime duty, the Contractor's payment shall be for only those hours of service that the officer provided to the Contractor. � 4. ADHERENCE TO CITY POLICIES & PROCEDURES & SCOPE OF WORK: Police offieers engaged in extra duty employment are obligated to discharge all duties of their office and to adhere to the City's Police Department policies and procedures at all times: Such officers shall obey, uphold and enforce the laws of the City and the State of Washington and the Constitutions of the State of Washington and the United States of America at all times. Such officers shall understand that while they are on duty or engaged in extra duty assignment under this contract, they may be subject to discipline by the City. Police officers performing work pursuant to this contract shall only provicle law enforcement/peacekeeping services as specified in Section 1(d) of this contract and they are at all times while performing said services subject to the direction and control of the City police department only. 5. NO SPECIAL DUTY TO CONTRACTOR OR OTHERS: Police officers on extra duty assignment have a primary obligation to the City, not the Contractor. They are expected to discharge all duties of their office while performing pursuant to this contract and will not perform any non-law enforcement/peacekeeping functions for Contractor. Furthermore, this contract and performance thereof by the City police officers shall not create any special relationship with any person or duties to proteet any specific persons from harm or injury including the party signing this cc>ntraet. The law enforceme�tlpeacekeeping du#ies to be perfarmed pursuant to this contract are the ::: samme'in extent and scope as those provided by poliee afficers to e��y rn�mber qf the public., ` ,�' 6. NUNDISCRIMINATION AND LIABILITY: ' ` The Cnntractor shall npt discri�te an the laasis of race,color, sex,religion; national origin, creed, age �, or the presence of any sensary,mental or physical handicap. Each party sha11 be resporisible and liable for the consequences of any act or failure t4 act an the�part qf; i#sel�, its empioyees and its agents. Each party shall be resgonsible for its own negligence; neither p�rty �°k: sha11 indernnify nor h�ld ttie ather party h�less. ;., 7�.- NOTICE3; � � � � � � , � � All noti�es and other material to�be delivered��under� thi�s contract shall� be �in �wrifiing and �sha11 be �� delivered ar mailed to the followfng addresses; City of Auburn ontractor 25 W Main Street Name: Lakeland Homeowners Association �� _. � _,. - ,� Auburn, WA 9$001 Address: 5801 Lakeland Hills Way SE City, State,Zipc Auburri, WA 98092 � �; Attn Kimberly Stanphill ,,. Rhone: (253) 735-1144 � ` Email: kstanphiil@@Pinnaclefaznily.com ;;. � . � � � �� � � ��; . _ or such ather addresses as eitber party may,,from time to.time,,designate in writing. . �; , � � .. ' � . . . . . . .. � . .. . �. � . E. . . . .. .. . . , - . . `5�,. 8. ENTIRE AGREEMENT: ;, � . � � �. . �r � � . � � • . � �° �� , No mc�d.ification or amendment of this contract shall be effeat�ve.unless;in wnting and signed.by . "�' , . � . � ;.�� : � , ,.,. �°_ authonzed,representatiue�of the parties �Tlus contract,'cantains the'-,entire.;agreement between the , ��; .-. � � .�: < ; parties and may not-be enlar�;ed;modif ed;or.altered except in writ,ing;signed`by the parties. ` ;; : .. a ;: - . _ �� � . . . .. � .. � q'e . .. . , . . � ; . ' � .. - . . � .�a. y�� �� T�4! DATED this�day of_��jC'_C,e.�t-'' ,201�: _" „ ,,. Approv orm: CITY OF,AUBURN � _ . . B . , �,' ' . _ _ . , _ �, � By.. City of Auburn Chief of Police Bob Lee. � . Ci `of Aub, � yar.'�Nancy�Backus= � � , � �'c �� � . �� � � � ��� ��� � DATED this 'l,� da. of�BE2...W�� � � � � `�_ 2 y% _ _Y _,__,201� � - . __ e. ��. _ ,g CONTRAC OR:;.�,���...�, -k�Z).A-`. . kz,. . �,;� ,. � � � � x. . . �� �' , . ..� _�: _�. . ,, . �. ' � - .,� ��r. 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