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3y Sheeran - Emerald Downs 2011 extra duty.doc Page 1
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AUBURN POLICE DTPART;IMENT
EXTRA DUTY POLICE ENI:PI,OYN.IENT CONTRACT
This aucement is made and entered into this 71h day of February, 2011 by and between (he City
of Auburn and Emerald Downs Rnce. Tt ack,,hercinafler idc-tuilied as the Contractor.
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\Vlll ftl.AS, the Contractor owns, operates or manages a business fur profit or norrpI-0111 within
City and in connection therewith requires police related services or assistance; turd
\VHF.l:EAS, the City is able to provide duly commissioned la%v cnlorcement o licers to provide
police related services to the Contractor subject to payinen.t for services, and the City's Chief of
Polk(s approval; and
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\\FilkREAS, the duly conm3issionctl officers who may provide i;uch services will be assigned to
extra dune under this contract during their ol'1=duty hours which will not conflict with their law
cnlorcement, responsibilities Im and duties to the city;
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\(.)\1 , 'rIi1,itEPC~R.f3, the parties agree as lollows:
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SCOPE UP PERFORMANCE:
The City h11II provide the Contractor with extra duly police officer services as described below:
t \umber of officers: As requested by the Contractor subject to the approval of the
Chief of Poficc. Contractor requests 1 (one) officer.
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f 1-1nurS and dates to be worked: As requested by the Contractor subject to the
approval of the C ity'S Chief' cif Police, with a tour (=1) hour minimum extra dta.y
ti►rta per event. Contractor requests services on To be determined Im, race t
schedules, at To he delmermhfed by race times.
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( specific location of.sm-ice: As requested. by the Comm, clor Subject to the f
approvalof'the City's Chief of Police, Contractor requests service at.
2300 Emerald Darns Dr. Auburn Wa, 98002
t Dutyol'ol'Iicers: Security.
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CONTRAC." i-I*ER!I:
The term of'perihmr3nce of tile.. contract shall be the fixed dates from NA, .
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In the case of a not-fixed timed Contract, this A~IrectTlent shall e0nmx:nce on.April 15°, 2011
and shall expire on September Isl. 201:3, if officers are needed for additional clays of service
beyond thv fixed;dates, the contractor shall make a written request and specify dates and limos to
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3y Sherman - Emerald Downs 2011 extra duty.doc Page 2
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the :\dtburn Police Department. This request will he attaches( and incorporated by reference to
tlri-~ original agreCmtcill during the one year lints frame.
Either party may lertninale this Agreement when in its sole diserelinrr it is in the hest interest of
the terminating party, by givir7g one. (1) Week's prior written ritmice to the other party.
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UON911ENS,kTi0N:
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Contractor shall pay the City as mull compensation for all police services furnished under this
contract a lee of.F45.00 per hour ol'ofiicer time as itemized below.
a. Hourly Wage hate (hour Hour Minimum) S S4 S.00
TOTAL COST PER 0lTlC l',.R PEA HOUR S~S-I MO
Contractor shall pay the Cily for any hours worked by ol7icer ill exceeding 8 consecutive, hours
and the rate of pay for those hours exceeding R hours will be at I % times the hourly rate.
t:'cutractor shall. Pay the C'ily for hours worked by oFficers at 14. limes the hourly rate for all
hours worked on Holidays. Designated Holidays areas follows:
New Ycars ISve I
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'Yew Yc, Day
-irs
j?Andcpcnclcnce Day
Labor Day
Thank giving Date
I:)a} \firr Thank siz
Christmas Evc j
Chrisnims Day i
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P;\ `16111LN L':
The ontrtclor tihall compensate the- City flOr law enlorcement services described herein pursuant
it.) the all-inclusive payment rate and estimated monthly annual service schedule shown above.
The C`i11,• shall invoice the Contractor on or afier the first of" the month fix services and include
detailed service. information, including actual service hours and all-inclusive hourly rate, per
officer. I'aymtcnl shall be nmdc by a check pu~;tble to the O(N of Auburn, and ,end to the City
•vithin Utirt\ (30) calendar days afier receipt of invoice. Payments to the City that are later than
(thing) 0 day,, Rtllowing the invoice dates shall accrue interest at the rate ul' 12",1, per annum on
the balance Clue. ;\It payWents shall first be applied to the accrued interest. In the event that
payment is not received by the C'ily of Auburn for services provides( by the Aubum Police
Department, the contractor shall he respomihie for all legal costs assncialed :\1111 obtaining j
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proper payment.
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'fie Contractor shall not be lmauciolly liable for scheduled law enforcement services which are
ilm actually p4rl6rmed: Provided. if a police officer has begun extra dirty services under this
3y Sherman - Emerald Downs 2011 extra duty doe Page 3
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\urceniem, ,rid then is called by the Chid' of Police or hisihcr tlesigncc liar all emergency.
special assignment or overtime duly, the Contractor's payment shall be. For the lour (4) hour i
minimum specified in Section 1.
5. W ITY ST ATI.'S:
Fach police officer assigned work pursuant to this contract is suhlecl to call by lite City's C'hief` ~ ~
of` Police or the Chiefs desiumee at any tinie for emergencies, special assignment, or overtime
duty. F .0-a duty employment Shill not Intritile or Interfere with this obligation. !
24-hour cancellation notice is required from extra-duly employers. f ailurc to provide adequau:
and crnlfirlncd notice to the Scheduling Coordinator will gutting the scheduled extra duty officer I
to ;1 minimum payment ol'three (3) hours orlhe regular rate ol'pay.
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01'fieers 1lorking (Ile extra duty venue will be responsible for making their own arrests and
\vntinu their own police reports as well as other dillies associated with late c111+:1recnlenl a-hile j
v:orkine the emna cluty assignment. In the event of tills activity extending beyond the officer:,'
extra cluty shift and or scheduled hours. the extra duty employer will be responsible for any
additional payment for fink, incurred.
b. AD11}"RENC'ETO CITY POLICIES R PROCEMUREMS & SCOPE Of- WORK-
Police officer: engaged in extra duty employment are obligated to discharge all clufics o(' their
i)I'lice and to a(lhcrc to the C`ily's Police. F)cparullem policies aril procecittres at all links. Such
officers shall obey, uphold and entirre the laws or the City and the State or Nvaslungton and the
Constitutions of the Stale or Washineton and the United Slates of America at all times. Such
officers shall understand that while they are oil (fill), or engaged in extra duty assignment under
this contract. they may be subject to discipline by tits City. Police officers performing work
pursuant to this contract shall only provide lair eN lrcementi peacekeeping services as specified
in Section I(d) of this contract and they are at all times while perfilrrning said services subject to
the direction and control or the city potter department only. I
7. NO SPECIAL DUTY TO CONTRACTOR Olt OTHERS:
Police officers on extra duty assignment have a primary obligation to the City, not tile Collivactor,
They are expected (o discharge all dtutics of` their ol'ice while performing pursuant to this
ct~mrac-i and will not peri'min any nt111-liw cnl(lrcement/peacekeepllla tiutctions 11101, Contractor. I I
Furthermore, this contract and petrorniance illereol"by the City police officers shall not create oily
special relationship with arty person or duties to protect any specific persons from harm or injure
includingur the party signing; (his contract. The law cailOr'cciiiciii.pc:lcckecl)iiik duties to he
performed pursuant to this contract are the same in extent and scope as those provided by police
officers it-) evcrv member of the public.
5 NONDISCRIMINATION:
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The C'orno•act<n, shall not discriminste on 1110 hasis of nice. colnr. scs. religion, ncltiornal Origin.
creed. 'wc or the presowc of, any sensory. me.111:11 or physical handicap,
9. LIABILITY:
I?.nch party shall be responsible and linblc for the conscclucnces orally act Or 1;lilurc Lo act 1:n1 the
pan of itsell'. its employees and its acunis. Gash parry ",hall be responsible 1'01• its own
riceliecncc: nc ollcr puny sli:lll indemniry uor hold the other p;lrty harmless.
10 'NOTIC F,S:
11 nimcc,; amt oilier nmicrial to he dc•livcrcil under this c:ontr: cl shall be in wrilin! and shall be
dcliyCrild 01- nt;lilccl 10 the 1'0110Wit11I adihVSaC5:
Cite of Anburu 25 West \lain tit. Anhuni. \\'a. 98001
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(.`0nu:1t(rsr:
Gmcrald Downs Racc'Frack
2200 Emerald Downs Dr.
110 liras 617 98071
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Auburn, \1`u. 98001 Attn: Rn fihcrnllun
CW soch other addrea~es as cattier parer rnay, i-ro11t time to nn~u. deli-'I'MI in writing.
:\(;R1?I?::
I I ENTIRE,
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No mochi'm Ole o1* antcaulmcnt ol'this contract shall he rllcctiyc unless in ~yritin,~, ailcl .i1~t1ac1 by 1
;mlhori:ed 1•cliresenimiVus of the parties, This contract cmil;1in the cntire aurcclncnt bOwccn the
parties nd rna~ not he enlarged, modified. 01- ahcrcd except in writing. signed by the parli0s.
Approved as to horn C'C 'l
Bv- 13y:
I I ic1, of Police City 1) 111-11 City ul' An 11lrn ;M.'Iy or Pew l ,wxis
1,11) Iiiis
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iy Sherman - Emerald Doyens 2011 extra duty_doc Page 5
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