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Home My WebLink AboutYMCA j i AUBURN POLICE DEPARTMENT EXTRA DUTY POLICE EMPLOYMENT CONTRAC This agreement is made and entered into this 3rd day of November. 2010 by and bet veen the City of Auburn and YMCA, hereinafter identified as the C:uAh-actor. ~ WHEREAS, the Contractor owns, operates or manages a business for profit or non-protfit within City and'in connection therewith requires police related services or assistance; and II WHEREAS, the City is able to provide duly commissioned law enforcement officers to provide police related services to the Contractor subject to payment for services, and the City's hief of Police's approval; and WHEREAS, the duly commissioned officers who may provide such services will be ass fined to extra duty under this contract dut~x ' Y ng their off-duty hours which will not conflict with it ieir law i enforcement 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 Contractor subject to the approv I of the City's Chief of Police. Contractor requests 1 nuiiaber of officers. s I (b) Hours. and dates to be worked: As requested by the Contractor subjec to the approval of the City's Chief of Police, with a four (4),hour minimum ex ra duty time per event. Contractor requests services on 01 Friday of month d te(s) at 2000-2300 hours.. I (c) Specific location -of service: As requested by the Contractor subject to the approval of the City's Chief of Police. Contractor requests service at: 1620 Perimeter Rd SW Auburn Wa, 98001 (d) Duty of officers: Security, crowd control; traffic control, (other) Security. 2. CONTRACT TERM: The term of performance of the contract skull be the fixed dates from. January 6, 2011, until January 01 2013. i In the case of a non-fixed dated contract, this Agreement shall commence on NA and steal expire on. It officers are needed for additional days of service beyond the fixed dates, the coi tractor sliall make a written request and specify dates and times to the Auburn Police Departmen . This i I requeit will be attachcd and incorporated by reference to this original agreel11ent durin T the one year time frame.. I Either party May terminate this Agreenle:nt %%,hen iii its sole discretion; it is in the host interest of the terminating party, by.giving one (I) week's prior written notice to the other party. I 4 3. COMPENSATION: Contractor, shall pay the City as full compensation for ail police services furnished u der this contract a fee of $45.00 per hour of officer time as,iternized below. a. Hourly Wage Rate (Four Hour Minimum) S $45.00 TOTAL COST PER OFFICER PER HOUR S 545.00 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 % times the hourly rate. Contractor shall pay the City for hours worked by officers at 1 % times the hourly rat for all. hours worked on Holidays. Designated Holidays are as follows: New Years Eve j Yew Years Day Independence Day Labor Day Thanksgiving Day Day After Thanksgiving Christmas Eve Christmas Day 4. PAYMENT: I The Contractor shall compensate the City for law enforcement services described herein pursuant io the all-inclusive paylnent rate and estimated monthly/annual service schedule shown above. The City shall invoice the Contractor on or after the first of the month for services. and nclude detailed service information, including -actual service hours and, all-inclusive hourly r te, per officer. Payment shall be made by'a cheek-payable :to the City, of Auburn,.. and send to t c City within thirty (30.) calendar, days. after receipt of invoice.' Payments to the City that are la er than (thirty) 30 days following the invoice dates shall accrue interest at the irate of 'l2% per an um on the balance due. All, payments shall first be applied to the accrued' interest, In the ev nt 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 o raining proper payment. The Contractor shall not be financially liable for scheduled law enforcement services wl ich are not actually performed; Provided; if a police officer- has begun extra duty services under this Agreement, and then is called by the Chief of Police or his/her desxgilee for an erne ~ency. special assignment or overtialle duty, the Contractor's payment shall be tilt' the fi)LII' l(4) 110u1 I111nimunl ,pecified In SCCtiiln I. I. S. DUTY STATUS: Each police officer assigned work pursuant to this contract is subject to cull by the Cit (hie f of Police or the Chief's designee at any time for emergencies, special-assig1),S vertime duty, Extra duty employment shall not infringe or interfere with this obligation. 24-hour cancellation notice is required from extra-du(y employers. Failure to provide Wequate and confirmed notice to the Scheduling Coordinator will entitle the scheduled extra dutb, officer to a minimum payment of three 13 ).hours of the regular rate of pay. Officers working the extra duty venue will be responsible for making their own arr• sts 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 bfticers' extra duty shift and/or scheduled hours, the extra duty employer will be responsible !for any additional payment for time incurred. 6. ADHERENCE TO CITY POLICIES & PROCEDURES & SCOPE OF W0,4 K: i -Police officers engaged in extra duty employment are obligated to discharge all duties lof their office and to adhere to the City's Police Deptannient policies and procedures at all titne~. Such officers shall obey, uphold and enforce the'laws of the City and the State of Washingtonland the Constitutions of the State of Washington and the United States of America at all time.. Such officers shall understand that while they arc on. duty or engaged in extra duty assigtiallettt under this contract: they, may"be subject to `discipline by the City. Police officers performhIg work pursuant to this contract shall only pre~~'ide law enforcement,' peacekeeping services as s ecilied in Section I(d) of this contract and they are at all times whileperformingsaid services su~bjcct to the direction and control of the City police depaarttnent only. I 7. NO SPECIAL DUTY TO CONTRACTOR OR OTI;IERS: i j- Police officers oil extra duty, assignment have a primary obligation, to the City,ac?t the Contractor. They are expected to discliarge.all duties of their office while performing pursuant to this contract and will not perforin any non-law enforcement/peacekeeping f6ncti4als for Contractor. 'Furthermore, this contract and performance thereof by the City police offices shat) not create any special relationship with any person or. duties to protect any specific perso 5 from harm or.injury including ape, -party, signing :this contract. The law enforeement/peac0ceping duties to be performed pursuant to this contract are the same in. extent and scope--4 those provided by police officers to every.mernber'of the public. i. $ NONDISCRIMINATION: The Contractor shall not discriminate on the basis of race, color. sex, religion, national !origin, creed, age or the presence of any sensory, mental or physical handicap. II I 9. LIABILITY: i Each party shall be responsible aid 'HilhIC tier thr COMCelueneCS of any act car failure to apt cm the part of itself; its employees and its agent. Each party shall hie resp0n5ib1e fnr its town i negligence; neither party shall indemnify nor liold the other party harmless. 10 NOTICES: All notices and ether material to be delivered udder this contract,shall be in writing and shall be delivered or.mailed to the following addresses: City of Auburn 25 West Main St. Auburn Wa, 98001 Contractor; YMCA 1620 Perimiter Rd SW Auburn Wa, 98002 Attn: Jennifer Wagner or such other addresses as either party may, from time to time, designate in writin6. 1 I ENTIRE AGREEMENT: .No modification or amendment of this contract shall be effective unless in writings and siLned by authorized representatives of the parties. This contract contains the entire agreement between the parties and may not be ertlarged,'modiiied. or filtered except in writing. -sighed by the partlcs. DATED this " t -day of 2010. Approved as to Form: Cl OF By: CG By Chief of Police City of Auburn City of Auburn ayor Pete Lewis DATED this day of 2010. CONTRACTOR:(-{1 BY: TITLE: 1 a)