HomeMy WebLinkAboutKersey 3 Division 2 LLC
AUBURN POLICE DEPARTMENT EXTRA DUTY POLICE
EMPLOYMENT CONTRACT
This agreement is made and entered into this 21" day of July, 2011 by and between the City
of Auburn and Kersey 3 Division 2, LLC, hereinafter identified as the Customer.
WHEREAS, the Customer 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 Customer 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 Customer with extra duty police officer services as described
below:
(a) Number of officers: As requested by the Customer subject to the approval of
the City's Chief of Police. Customer requests One (1) number of officers.
(b) Hours and dates to be worked: As requested by the Customer subject to the
approval of the City's Chief of Police, with a four (4) hour minimum extra duty
time per event. Customer requests services on
(c) Specific location of service: As requested by the Customer subject to the
approval of the City's Chief of Police. Customer requests service at..
(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, 2011, until NA.
In the case of a non-fixed dated contract, this Agreement shall commence on July 21, 2011
and shall expire on October 31, 2011. If officers are needed for additional days of service
beyond the fixed dates, the Customer 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. r~
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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:
Customer 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
Customer 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.
Customer 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 Customer 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 Customer 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 Customer shall be responsible for all Legal costs associated
with obtaining proper payment.
The Customer 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 Customer'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 anytime 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 minimUrn.payment of three (3) hours of theregular 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 -beyondthe 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 adhereto the City's Police Department policies and procedures at all times. Such
officers; shall:,bbey, 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 Sectionl(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 CUSTOMER OR OTHERS;
Police officers on extra duty assignment have a primary obligation to the City, not the
Customer. They are expected to discharge all duties of their office while performing pursuant
tothis,contract and -.will not -perform- any non-law enforcement/peacekee.ping functions for
Customer. -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 Customer. 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:
t
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'Auburn 25 West Main St Auburn WA,
98001
Customer: Kersey 3 Division 2, LLC - Attn: Tom Young
22430SE 231s' -
Maple Valley, WA 98038
Ph: (425) 392-5722 Fax: (425) 437-0142 tyoung@ujrhayes. corn
or such other addresses as either party may, from time. to time designate in writing.
1:1_ 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 day of - 2011
Approved as to form: CITY OF AUBURN
By By:
Chief of Police, City of Auburn City of Auburn Mayor Pete Lewis
DATED this day of 2011,
CUSTOMER:. Y&~.<i VIY1~tiJv~ G~ y BY`:J'Yt` ti-~ r n
TITLE; ~~7..~~~~,• r ~r7'~f
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
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