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HomeMy WebLinkAboutPrime Electric I AUBURN POLICE DEPARTMENT EXTRA DUTY POLICE EMPLOYMENT CONTRACT This agreement is made and entered into this 2e day of July, 2011 by and between the City of Auburn and Prime Electric, 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 ._..-3__._. 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. Contactor requests services on Tuesday, July 25, 2011 date(s) at 0830 to 1500 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. 41st ST SE and A ST SEl A ST SE and Lakeland Hills Way SF, (d) Duty of officers: Security, crowd control, traffic control, (other) Security. 2. CONTRACT TERM: I The term of performance of the contract shall be the fixed dates from _NA , 2010, until j NA in the case of a non-fixed dated contract, this Agreement shall commence on July 25, 2011 and shall expire on July 25, 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 Polio Department. This request will be attached and incorporated by reference to this original agreement during the one year time frame. i l i I 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 vvritten notice to the other party. 3. COMPENSATION: Contractor shalf 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 Holidays., Designated Holidays are as follows: worked on Ho i New Years Eve New Years Day Independence Day Labor Day Thanksgiving Day Day'After Thanksgiving Christmas Eve Christmas Day j 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 A9reement,.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 Section1. 1 I ' I 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. 24hour cancellation notice is required from extra-duty employers. Failure to provide adequate officer and confirmed notice to the Scheduling Coordinator will entitle the scheduledextra duty of i 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 ss 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 andlor scheduled hours, the extra duty employer will be responsible for any additional payment for time incurred. j 6. ADHERENCE TO CITY POLICIES & PROCEDURES & SCOPE OF WORK: j 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 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 person or duties to protect any specific persons of create an - I relationship n with an Y any special 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: i i 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 agent's. -Each party: shall be responsible for its own negligence; neither party shall inderimndy not hold the other party harmless. I 10 NOTICES: I' 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, I 98001 i Contractor: Prime Electric 13301 SE 26th St Bellevue, WA 98005 I 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 antl may not be enlarged, modified, or altered except in writing,:signed, by the parties, DATED this day of -.!L 20tib'' I j Approved as to form: ITY BUR By - Chief of-Police, City of Auburn City'of Auburn Mayor Pete Lewis DATED this day of 2010. CONTRA G-- i BY: TITLE: Cathy Richardson From: Kathy Emmert Sent: Monday, August 01, 2011 12:17 PM To: Beverley McIntire; Cathy Richardson; Dani Daskam; Janice Davies; Judi Portteus; Kathy Emmert; Mark Gregg; Rhonda Ewing; Ronda Stella; Shelley Coleman Subject: Kersey 3 Div 2 LLC and Prime Electric Attachments: Kersey 3 Div 2 7-21-11 to 10-31-11.pdf; Prime Electric 7-25-11 to 7-25-13.pdf; image001.gif Here are two contracts which have had officer's working this past pay period. Apologies for the delivery but just got the Mayor's signature on one this morning. Thanks, Kathy Kathy Emmert Auburn Police Department 340 E Main Street - Suite 201 Auburn WA 98002 Direct: 253-931-3081 Fax: 253-931-5108