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Home My WebLink AboutRW Scott Construction 08/25/2011 13.51 2533510055 RW SCOTT CONSTRUCTIO PAGE 02 Aug. 25. 2011 2 36PM Auburn Pol ice Department No. 0092 P 2 A3 16 S AUBURN POLICE DEPARTMENT EXTRA DUTY POLICE EMPLOYMENT CONTRACT This agreement is made and entered into this August 25, 2010 by and between the City of Auburn and RW Scott Construction 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 oartles acres 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 4 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 (c) Specific location of service:As requested by the Contractor subject to the approval or the tatys enret of Notice. Contractor requests service at._West Valley Hwy So c Hwy 18, north of on ramp and West Valley Hwy Q Main St. in Auburn, (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 August 25, 2011, until October25, 2011 In the case of a non-fixed dated contract, this Agreement shall commence on 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 request will be attached and incorporated by reference to this original agreement during the one year time frame. 0B/25/2 �11� 11U1 ] 2 37P�510�ub�tG ?Di ice RW SCOTT CON5TRl1CTi0 �o Q�Q� P PAGE 03 Either party may terminate this Agreement when in Its sole discretion; It rs rn 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) TOTAL COST PER OFFICER PER HOUR ps,cto 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 Slimes the hourly rate Contractor shall pay the Ctty 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 Eva 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 shalt 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 nol 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 duly 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 (4l hour minimum specified in Section 1 08/25/2011 13 51 2533510055 R43 SCOTT CONSTRUCTIO PAGE 04 Auk 25 2011 2,3)PM Auburn Police Deearimenk No 0092 P 4 5 DUTY STATUS Each pollee 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 far emergencies spacial 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 Stales 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 t(d)of thie contract and they are at all limes white 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/psanelseeping functions for Contractor Furthermore, this contract and performance thereof by the City police officers shalt 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 ehforcement/peecekeeping duties to be performed pursuant to this contract are the some in extent and scope as those provided by police officers to every member of the public B NONDISCRIMINATION The Contractor aheti not dioarlmInnto on tho beefs of root, color Sox, roligion national origin, creed, age or the presence of any sensory marital or physical handicap 9 LIABILITY 08/25/2011 13 51 25335104355 RW SCOTT CONSTRUCTIO PAGE 05 nu,3 17, all 1 JG11 Auburn co i'QI1 Departipelit No 0092 P 5 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 shalt be responsible for its own negligence neither party shall indemnify not hold the other party harmless 10 NOTICES Ail 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 SI Auburn WA 98001 Contractor 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 end may of be enlarged,modified or altered except In wilting,signed by the parties PAT`Fr1 rrdo -iv of Vint 1 Approved as to form r� lay q t L' By Chief of Police, City of Auburn City of Auburn Mayor Pete Lewis DATED this aday of A y 201k CONTRACTOR •Yy � C� BY J aI�, .l i1, A.0.011-- alb TITLE Ai040 s�►� i .A•_A[ I