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A 3.16 V
AUBURN POLICE DEPARTMENT EXTRA DUTY POLICE
EMPLOYMENT CONTRACT
This agreement is made and entered into this 12'" day of July, 2011 by and between the City
of Auburn and Infra Source, 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
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 Wednesday, July 13, 2011
date(s) at 0900 to 1530 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. West Valley Highway and West Main St.
(d) Duty of officers: Security, crowd control, traffic control, (other) Security.
2. CONTRACT TERM:
The term of performance of the contract shall be the fixed dates from _NA_, 2010, until
NA
In the case of a non-fixed dated contract, this Agreement shall commence on July 12, 2011
and shall expire on July 12, 2013. 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 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 for all police services furnished under this
contract a fee of $45.00 per hour of officer time as 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 1.5 times the hourly rate.
Contractor shall pay the City for hours worked by-officers at 1.5 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. 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 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.
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.
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.'-1n 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
cfficers.-shali.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. 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 not 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 Aubum 25 West Main St Auburn WA,
98001
Contractor: Infra Source Trl; '500 me- Con' Sf •
9"',►nn0\ec; q 390
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 riot be enlarged, modified, or altered except in writing, signed by the parties.
DATED this- :13 day of v 2011.
Approved. as to form: CI OF AUBU
By By:
Chief of Police, City of Auburn City of Auburn Mayor Pete Lewis
DATED this day of.~ 2011.
CONTRA TO : ~n ru on 9t- L L C
BY:
TITLE: /y ba 11 q gi F