The URL can be used to link to this page

Home My WebLink AboutPotelco Co AUBURN POLICE DEPARTMENT EXTRA DUTY POLICE EMPLOYMENT CONTRACT '['his agreement is made and entered into this 24th day of May. 2011 by and between the City o1' Auburn and Potelco Co., hereinafter identified as the Contractor. WHERE -AS. the Contractor owns, operates or manages a business for profit or lion-profit within City and in connection therewith requires police related services or assistance; and 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 Chief of Police's approval; and Wh113REAS, the duly commissioned officers who may provide such services will be assigned to extra duty under this contract during their off duty hours which will not conflict with their law enforcement responsibilities for and duties to the City; j I NOW, "hl-IERI:i1 OR1?, the parties agree as 1,01 lows: 1. SCOPE OF PERFORMANCE: The City shall provide the Contractor with extra duty police officer services as described below: (a) Number of olticers: As requested by the Contractor subject to the approval of the City's Chief'of Police. Contractor requests 2number ofofficers. (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 May 24"'through May 27'h at 0800-1800 hours. ' (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. A St Nw ;end West Main Street Auburn Wa. i (d) Duty of Officers: Traffic Control. j 2. CONTRACT TERM: The term of performance of the contract shall be the fixed dates from NA, 2011, until NA. In the case of a non-fixed dated contract, this Agreement shall commence on May 24"', 2011 and shall expire on May 24th, 2013. if officers are needed for additional days of service beyond the j fixed dates, the contractor shall make a written request and specify dates and. times to the Auburn Police Department. `this request will be attached and incorporated by reference to this original agreement during the one year time frame. Either party may terminate this Agreement when in its sole discretion: it is in the best interest of the terminating party, by giving one (1) week's "prior written notice to the other party. 3. COMPENSATION: Contractor shall pay the City as full compensation fbr all police services furnished under this contract a tee of$45.00 per hour oFofficer time as itemized below. a. Hourly Wage Rate (lour }-lour Minimum) $ 45.00 TOTAL COST PER. OFFICER PER HOUR $ $45.00 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 %2 times the hourly rate. Contractor shall pay the City for hours worked by officers at 1 '/2 times the hourly rate For all hours worked on Holidays. Designated Holidays are as follows: New Years Eve i New Years Day Independence Day Labor Day Thanksgiving Day Day After Thanksgiving j Christmas Eve Christmas Day 4. PAYMENT: The Contractor shall compensatc the City for law enforcement services described herein pursuant to the all-inclusive payment rate and estimated monthly/annual service schedule shown above. The Citv shall invoice the Contractor on or after the first of the month far 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 Auburn, and send 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 th.e 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. ►olpe► 'i +i The Contractor shall not be financially liable For scheduled law enforcement services which 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 designee for an emergency, special assignment or overtime duty, the Contractor's payment shall be for the four (4) hour minimum specified in Section, 1. S. DUTY STATUS: Each. police officer assigned work pursuant to this contract is subject to call by the City's Chief of Police or the Chief's designee at any time for emergencies, special assignment, or overtime duty. Extra duty employment shall not infringe or interfere with this obligation. 24-hour cancellation notice is required from extra-duty employers. Failure to provide adequate and conf:u•med notice to the Scheduling Coordinator will entitle the scheduled extra duty officer to a minimum payment of three (i) hours of the regular rate of pay. Officers working the extra duty venue will be responsible for making.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 officers' extra duty shift and/or scheduled hours, the extra ditty employer will be responsible for any additional payment Im time incurred. 6. ADHERENCE TO CITY POLICIES & PROCEDURES & SCOPE OF WORK: i f Police officers engaged in extra dl.0 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 officer's shall obev, 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 j 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 off:icers performing work pursuant to this contract;shall only provide law enforcement/ peacekeeping services as specified in. Section I(d) of this contract and they are at all times while performing said services subject to j the direction and control ol'the City police department only. 7. NO SPECIAL DUTY TO CONTRACTOR OR OTHERS: Police officers on extra duty assignment have d 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 protect any specific persons from harm or injury including the party signing this contract. The law enforcement/peacekeeping j 'duties to be performed pursuant to this contract are the same in extent and scope as those provided by police officers to every member of the public. 8 NONDISCRIMINATION: The Contractor shall not discriminate on the basis of race, color, sex. religion, national origin. creed. age or the presence cif any sensory. mental or physical handicap. I I I 9. LIABILITY: [ ach party shall be responsible and Ilable for the consequences of any act or Failure to act on the part of- itself. its employees and its agents. IWach party shall be responsible for its own negligence; neither party shall indemnify nor hold the other party harmless. If applicable. the Contractor is responsible for obtaining all necessary permits and approvals for conducting) such business prior to operation according to state laws, local laws and ordinances, t0 NOTI(. ES: All notices and other material to be delivered under this contract shall be in writing and shall be delivered oi- mailed to the Io110\Ving addresses: City of Auburn 25 W Main St. Auburn Wa, 98001 Contractor: Potclcu 141.03 Steward Rd Sumner Wa, 08390 Attn: "Trevor Larson or such Other addresses as either party may, from time to time, designate in writing. I 1 ENI'll RE AGR.h,EMENT: No modittcation or amendment of this contract shall be effective: unless in writing and signed by aUtllori%e(l representatives of the parties. This contract contain,-, the entire agreement between the parties and may not be enlargecl. modified, or altered except in writing, signed by the parties. 2011. DA'E'ED this ~ day oF__ Approved as to Form: CI' - l-) 3i-J1t~N B V: y: I_vk 13 Chien of Police City ul' Aube rn City of Auburn Mayor Pete l-,ewis DA`fla) this pdavo, 2011. J.- CONTIZAIC,TOR: a BY: