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Nov 17 10 05:31p Mark Johnson (253) 833-8258 p.2
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AUBURN POLICE DEPARTMENT
EXTRA DUTY PONCE EMPLOYMENT CONTRACT
This agreement is made and entered into this 3rd day, of November, 2010 by and between the
City of Auburn and Northwest Family Church, hereinafter identified as the Contractor.
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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
Police's approval; and
WHEREAS, 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;
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 approval of the
City's Chief of Police. Contractor requests 1 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 every Sunday date(s) at 1100-
1300 hours. All other events must be requested as a special event and have a (4)
hour minimum extra duty time per event.
(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
3535 Auburn Way South Auburn Wa, 98002
(d) Duty of officers: Security, crowd control, traffic control, (other) Traffic Control.
2. CONTRACT TERM:
The term of performance of the contract shall be the fixed dates from November 23rd, 2010,
until November 23rd 2012.
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In the case of a non-fixed dated contract, this Agreement shall commence on NA and shall expire
on. 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. This
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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:
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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.
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a. Hourly Wage Rate (Four Hour Minimum) $ $45.00
TOTAL COST PER OFFICER PER HOUR $ $45.00
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Contractor shall pay the City for any hours worked by officers in exceeding 8 consecutive hours j
and the rate of pay for those hours exceeding 8 hours will be at 1 '/2 times the hourly rate. j
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
Yew Years Day
Independence Day
Labor Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve
Christmas Day
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 send to the City
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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.
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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,
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special assignment or overtime duty, the " Contractor's payment shall be for the four (4) hour
minimum specified in Section 1.
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 Chief's designee at any time for emergencies, special assignment, or overtime
duty. Ektra duty employment shall not infringe or interfere with this obligation.
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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 officer
,payment of three (3) hours of the regular rate of pay.
to "a minimum
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 duty employer will be responsible for any
additional payment for time incurred.
6. ADHERENCE TO CITY POLICIES & PROCEDURES & SCOPE OF WORK:
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- 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 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
the direction and control 'of the City police department only.
7. NO SPECIAL DUTY TO CONTRACTOR OR OTHERS:
Police officers on extra duty assignment have a primary, obligation to the City, not the f
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,bypolice,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.
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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 25 West Main St Auburn Wa, 98001
Contractor:
NW Family Church 3535 Auburn Wa S Auburn Wa, 98002
Attn: Mark Johnson
or such other addresses as either party may, from time to time, designate in writing.
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.
DATED this V~ day of y .fti V!>Ccz- , 2010.
Approved as to Form: CITY OF AUB
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B w Y• y:
Chief of Police City of Auburn City of Auburn Mayor Pete Lewis
DATED this day of 1 y~Jlf; 2010.
CONTRACTOR: &,rd-
BY:
TITLE:
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