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Home My WebLink AboutBB McGraws X43- ~~.8 AUBURN POLICE DEPARTMENT EXTRA DITTY POLICE EMPLOYMENT CONTRACT This agreement is made and entered into this 28th day of February, 2011 by and between the City of Auburn and B B McGraws, hereinafter identified as the Contractor. 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 assigned WHEREAS, the duly commissioned officers who may provide such l sernot v conflict weth their law extra duty under this contract during their off-duty hours which w 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 2 officers. dthe b Hours and dates to be worked: As requested by the Contractor subject O approval of the City'.s Chief of Police, with a four (4) hour minimum time per-event. Contractor requests services on Thursday nights, at 2230-0230. c Specific location of service: As requested by the Contractor subject to the approval of the City's. Chief of Police. Contractor requests service a 44016th St NE Auburn Wa, 98002, (d) Duty of,officers: Security. 2.- CONTRACT TERM: The term of performance of the contract shall be the fixed dates from NA, 2011. In the case of a non-fixed dated contract, this Agreement shall commence on February days of t 2011 and shall expire on February 28th 2013. If y officers are needed fora Y willlbenatrequest and taahed specify dates and service beyond the fixed dates, the contractor shall make by times to the Auburn Police Department. This request reference to this ori ginal agreement during the one year time frame. '.4 .f 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) weeks 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 a's itemized below. a. Hourly Wage Rate (Four Hour 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 h times the hourly rate. Contractor shall pay the City for hours worked by officers at 1 '/z times the hourly rate for all hours worked on Holidays. Designated Holidays are as follows: New Years Eve New Years Day Independence Day Labor Day Thanksgiving Day Day After Thanksgiving Christmas Eve Christmas Day 4. PAYM ENT: The Contractor shall compensate the City,for law enforcement services, described herein schedule shown above to the all-inclusive payment rate and estimated monthly/annual service. The City, shall invoice the Contractor on.or alter the first of the month for services and include detailed service,: information, including actual service hours and City Auburn, send to the,Citper y officer. Payment shall be made by a check payable to the within thirty (30) calendar days after receipt of invoice. Payments to the City that are later than % per, (thirty) 30 days following the invoice dates shall accrue inter the rate o 12~ the event that payment balance due: All payments shall first be applied to the accrued is not, received` by the City of Auburn for services provided by Auburn toning . Department, the contractor shall be responsible for all legal costs 'associated proper payment. 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. i iE- 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. 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 to a minimum payment of three (3) 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 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 l(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 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 e te samelan extent andenforcement/peacekeeping harm or injury including the party signing ontractcontract. duties to be performed pursuant to tlu provided by police officers to every member of the public. 8 NONDISCRIAIINATION: 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 he partof 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 NO'T'ICES: 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 W Main $t Auburn Wa, 98001 Contractor: cGraws 440 le St Ne Auburn Wa, 98002 BB 1VT Attn: Bill-Stephenson . 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, modifiedo' altered except in writing, signed by the parties: DATED this 2-) day of I~I 1 2011. Approved as to Form: CIT F By: By. Chief of Police City of Auburn City of Au5rrnMa'y6r Pete Lewis DATED this day of 2011. CONTRACTOR BY:,&~ IS TITLE: Oi hog ii •;1 j Cathy Richardson From: Kathy Emmert Sent: Monday, May 16, 2011 3:24 PM To: Beverley McIntire; Cathy Richardson; Dani Daskam; Janice Davies; Judi Portteus; Kathy Emmert; Mark Gregg; Rhonda Ewing; Ronda Stella; Shelley Coleman Subject: B B Magraws - New Contract Attachments: B.B. Magraws 2-28-11 to 2-28-13.pdf; image001.gif Here is the new contract for this establishment. Thanks, Kathy Kathy Emmert Auburn Police Department 340 E Main Street - Suite 201 Auburn WA 98002 Direct: 253-931-3081 Fax: 253-931-5108 1