HomeMy WebLinkAboutMuckleshoot Indian Tribe - Extra Duty Police Employment Contract
~II
AUBURN POLICE DEPARTMENT
EXTRA DUTY POLICE EMPLOYMENT CONTRACT
This agreement is made and entered into this ~ day of ~Gt~~ 2009 by and between the
City of Auburn and Muckleshoot Indian Tribe d/b/a Muc~t Casino (Muckleshoot),
hereinafter identified as the Contractor.
I
WHEREAS, the Contractor owns, operates or manages a business for profit or non-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
I
Police's approval; and
WHEREAS, the duly commissioned officers who may provide such services will be assigned to
extra duty under this contract in addition to their regularly scheduled duties, which will not
conflict with their law enforcement responsibilities for and duties to the City;
ii
NOW, THEREFORE, the parties agree as follows:
i
1. SCOPE OF PERFORMANCE:
The City shall provide the Contractor with extra duty police officer services as described below:
i
(a) Number of officers: As requested by the Contractor subject to the approval of the
City's Chief of Police. Contractor requests 1 (one) or 2 (two) 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 7-days a week date(s) at 1800 to
0400 (depending on the day of the week) (times).
(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
2402 Auburn Way S. Auburn WA. 98092.
(Location)
(d) Duty of officers: Security, crowd control, traffic control, (other) Security.
I
2. CONTRACT TERM:
The term of performance of the contract shall be the fixed dates from August 31St, 2008, until
August 31St, 2010. Provided, the parties may extend this Agreement in writing for an agreed
upon period of time.
i
i
I
Either party may terminate this Agreement without cause, by giving one (1) week's prior written
notice to the other party.
3. COMPENSATION:
Contractor shall pay the City as full compensation for all police services furnished under this
contract a fee of $45.00 per hour of officer time as itemized below.
I
a. Hourly Wage Rate (Four Hour Minimum) $ $45.00
TOTAL COST PER OFFICER PER HOUR $ $45.00
4. PAYMENT:
The Contractor shall compensate the City for law enforcement services described herein pursuant
to the all-inclusive payment 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 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 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.
The Contractor shall not be financially liable for scheduled law enforcement services which are
not actually performed.
5. DUTY STATUS:
Each police officer assigned work pursuant to this contract is subject to call by the City's Chief
of Police or the Chiefs designee at any time for emergencies, special assignment, or overtime
duty. Extra duty employment shall not infringe or interfere with this obligation.
G.
A. ADHERENCE TO CITY POLICIES & PROCEDURES & SCOPE OF WORK:
it
The Parties agree that the police officers 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 be instructed by the City Police Department that while
they are 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 provide 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.
I
I
I
I
i
I
The City Police Department shall submit to Muckleshoot a list of Police officers who will be
eligible for assignment under this contract. Muckleshoot shall confirm in writing its approval.of
the list prior to or contemporaneously with the execution of this contract. Only officers on the
approved list will be assigned to.work extra duty under this contract. The list shall be updated
periodically by sending an updated list .to Muckleshoot's Director of Support Operations who
shall confirm acceptance of the updated list in writing. Muckleshoot reserves the right to
exclude specific officers from the approved list subject to Muckleshoot's sole discretion.
B MUCK_ LESHOOT EXPECTATIONS AND POLICIES.
(1) : The parties agree that Officers scheduled at the Muckleshoot Casino shall, subject to
their obligations as general law enforcement officers,. devote their primary attention to Casino
operations during their scheduled shift.: The assigned Officer shall sign in for their scheduled
shift upon their arrival to the facility. The officer shall include a case number on the designated
sign- in sheet only for any overtime accrual.
(2) ;Execution of arrest warrants by the City for matters unrelated to the security duties of
the scheduled Officers outlined-in 1 (d) shall be handled through the City's normal channels and
not by the assigned officer during their scheduled shift. j
(3) If the Auburn Police Department or other. law enforcement agencies need to conduct
police business at the Casino; the matter is unrelated to the Casino, and there are individuals who
have been identified in the Muckleshoot Casino but pose no imminent harm, the assigned Officer
scheduled for extra duty at the casino shall notify the Security Shift,manager on duty, and shall
request that enforcement personnel: a) coordinate with the Security Shift Manager on duty; b)
coordinate with the Muckleshoot Tribal Gaming for surveillance assistance; c) maintain
surveillance of the suspect until he"(or she leaves the facility; and d) detain the suspect away from
the facility entrances.
(4) Notwithstanding any provision of the Agreement to the contrary, Officers who are
scheduled at the Casino who must leave the facility for personal or non-Casino, related law
enforcement matters shall be signed'out by the Casino's. Security Shift Manager and paid a full
hour for any partial hour worked. ,
(5) The City will make every effort to replace any assigned officers who must leave the
facility before completing their scheduled shift so that the Casino will have coverage.
I
(6) The City understands that there may be a need to work.with the Muckleshoot Tribal
Police Department to insure that Muckleshoot Casino patrons, employees and area residents are
kept safe from harm. The City and Muckleshoot will direct its Officers to work cooperatively
with each other in such instances and respect the overlapping jurisdiction of the governmental
entities.
I
i
i
7. NO SPECIAL DUTY TO CONTRACTOR OR OTHERS:
Police officers on extra duty assignment have a primary obligation to the City, not the
I
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
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 of any sensory, mental or physical handicap.
9. LIABILITY:
Each party shall be responsible and liable for the consequences of any act or failure to act on the
part of itself, its employees and its agents. Each party shall be responsible for its own
negligence; neither party shall indemnify nor hold the other party harmless.
10 NOTICES:
All notices and other material to be delivered under this contract shall be in writing and shall be
delivered or mailed to the following addresses:
City of Auburn Police Department
340 E. Main ST #201
Auburn, WA. 98001
Attn: Sgt. James Nordenger
Contractor:
Muckleshoot Indian Tribe d/b/a Muckleshoot Casino
2402 Auburn Way S
Auburn, WA. 98092
or such other addresses as either party may, from time to time, designate in writing.
I
[Remainder of this page left blank]
I
I
i
11 ENTIRE AGREEMENT:
No modification or amendment of this contract shall be effective unless in writing and. signed by
authorized representatives of the parties. This contract-contains the entire agreement between'the
parties and may not be enlarged, modified; or altered except in, writing, signed by the parties.
V J,-~ VCC(il<~t~
DATED this day of 5200.
CITY RN MUCKLESHOOT INDIAN TRIBE d/b/a
MUCKLESHOOT CASINO
i 7.,
Peter .Lewis; Mayor - L--~
DaTf-yl B ckburn, General Manager
F
J "s J. Kelly, Chief of lice.
Approve a to T
I
City Attorney -
I
i
I
I
APD Commissioned Extra Duty Personnel
Last Name First Name Last Name First Name
Adams Cristian Kapule Renfred
Adamski Stanley Karnofskl Robert
Anderson Brian Kelly James
Anderson Derek Koch Douglas
Anderson Ronald Krenz Hans-Joachim j
Armstrong Eric Lathrop Willard
Arneson Buie Lee Cecelia
Ashbaugh Michael Lee Robert
Bear Kyle Mast Christopher
Benavente Danny Matt Joshua
Betz Samuel McClane Jeffrey
Blake Jason McNabb Michael
Bourdage Stephen McPherson Gregory
Bruce John Medeiros Rodney
Brunette Martin Melton David
Burger Christopher Menking James
Burney Derek Milian Theoddeus
Burris Michael Miller Lawrence
Byers Todd Muterspaugh Lester
Caillier Mark Near Scott
Christensen David Nelson Jeff
Christian Tyler Nix Francesca
Clapp Andrew Nordenger James
Clapp April O'Neil Daniel
Clark Randey O'Neill Brian
Clemmons John Orvis Sharon
Colglazier David Pakney Christopher
Crawford Jeffrey Pearson Ashton
deChoudens Anthony Pearson Jonathan
DeRoche Joshua Pierson William
Doll Jeffrey Postawa Jon
Douglas Jamie Powell Christopher
Douglas Patrick Pryor Ryan
Faini Douglas Richtig Joseph
Feero Shaun Sedillo Stanley
Ferrell James Shepard Jeffrey
Freeman Alyson Sidell Charles
Frith James Sills Steven
Glenn Todd Skeen Brandon
Goethals Luke Smith Jessica
Gould Andrew Stocker Steven
Hamil James Sundqvist William
Hatkoff Scott Thies Lloyd (Don)
Hauser Michael Thornton Jon
Helms Timothy Vojir Joseph
Hirman Michael Vojir Michelle
Hoch Charlene Waldroop William
Hopper James Weller Anna (v l~ /
Jones Robert Williams Aaron tos /
Jordan Leslie Williams Brian
I
Jordan Michael
1/5/2009
i
i
ADDENDl1M TO CONTRACT BETWEEN CITY OF AUBURN AND
MUCKL,ESI- OOT INDIAN TRIBE d/b/a MUCKLESHOOT INDIAN CASINO
That certain contract entered into on January 6, 2009, entitled Auburn Police Department Extra
Duty Police Employment Contract, by and between the Muckleshoot Indian Tribe of the
Muckleshoot Reservation, Washington, a federally recognized Indian tribe, d/b/a Muckleshoot
Indian Casino (the "Contractor"), with a mailing address of 2402 Auburn Way So, Auburn, WA
98002, and City of Auburn ( the "City") (the "Contract"), for good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged by the parties, is by this
Addendum supplemented, amended, and/or modified. Notwithstanding any provision of the
Contract to [lie contrary, the following are controlling terms and provisions:
Delete Paragraph 2 and replace it with the following:
1
2. CONTRACT "PERM:
The initial term of this Contract will be August 31, 2008 through August 31, 2010. Thereafter. j
this Contract will be extended for a one year period which is automatically renewed for
successive one year terms. Either party may terminate this Contract upon thirty (30) days
advance written notice.
If there is a conflict between this Addendum and the Contract. this Addendum shall govern.
Except as specifically supplemented or modified above in this Addendum, the Contract, and all
provisions therein remain controlling, and in full force and effect.
Dated this ZS ~ day of J~VST , 2010.
Cff MUC ILESHOOT INDIAN TRIBE d/b/a
MUC LESI-IOOT I DAN eASINO
Pete Lewis, Mayor Darry Blacl urn, eneral Manager
.tan es J. Kelly, Chief of Po ce
i
Appr as
C: ' Attorn
Page A-1 of I
SECOND ADDENDUM TO CONTRACT BETWEEN THE CITY OF AUBURN AND
MUCKLESHOOT INDIAN TRIBE d/b/a/ MUCKLESHOOT CASINO FOR EXTRA DUTY POLICE EMPLOYMENT
This second addendum is entered into between the City of Auburn ("City") and the Muckleshoot Indian
Tribe d/b/a/ Muckleshoot Indian Casino ("Contractor') on the date indicated below
The City and the Contractor entered into an Extra Duty Police Employment Contract ("Contract') on
January 6, 2009 That Contract was amended by an Addendum dated August 25, 2010.
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by
the parties, the parties wish to further amend the Contract as follows:
Delete Paragraph 3 and replace it with the following:
3 COMPENSATION:
Effective January 13, 2013, Contractor will pay the City as full compensation for all police services
furnished under this contract a fee of$48.96 per hour as itemized below
Hourly wage rate (Four hour minimum): $48.96
TOTAL COST PER OFFICER PER HOUR: $48.96
All other provisions of the Contract as amended remain in full force and effect.
Dated this I' of 3�,o 2013.
CITY OF AUBURN MUCKLESHOOT INDIAN TRIBE d/b/a/
MUCKLESHOOT INDIAN CASINO
u
Peter B. Lewis, Mayor Darryl I burn, eneral Manager
�& p
Bob Lee, Chief o
Appro d as to form:
Daniel B. Heid, City Attorney