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HomeMy WebLinkAboutAdesa Auto Auction Extra Duty Police23 2012 • ■ ^s 2:12PM ADESA GENERAL MGR EXT 2533518763 AUBURN POLICE DEPARTMENT DUTY POLICE EMPLOYMENT CONTRACT p.1 This agreement is ;made and entered into this 13t day of January, 2012 by and between the City of Auburn and Aclesa Auto Auction, hereinafter identified as the Contractor. WHEREAS, the bontractor owns, operates or manages a business for profit or non - profit within City and in conne Ction therewith requires police related services or assistance; and WHEREAS, the ity is able to provide duly commissioned law enforcement officers to provide police related se ices to the Contractor subject to payment for services, and the City's Chief of Police's approval] and WHEREAS, the my commissioned officers who may provide such services will be assigned to extra duty under is contract during their off -duty hours which will not conflict with their law enforcement res nsibilities for and duties to the City; NOW, THEREFORE, the parties agree as follows: 1. SCOPE 6F PERFORMANCE: The City shall prt vide the Contractor with extra duty police officer services as described below: (a) N; tuber of officers: As requested by the Contractor subject to the approval of the C: ty's Chief of Police. Contractor requests 1 number of officers. (b) 11burs and dates to be worked: As requested by the Contractor subject to the proval of the City's Chief of Police, with a four (4) hour minimum extra duty e per event. Contractor requests services on every Thursday date(s) at 1700- 200, or other dates requested by Contractor. (c) Siecific location of service: As requested by the Contractor subject to the 4a proval of the City's Chief of Police. Contractor requests service at 621 37th ST lW Auburn, WA 98001. (Location) (d) ,uty of officers: Security, crowd control, traffic control, Security(other) _. 2. CONT CT TERM: The term of performance of the contract shall be the fixed dates from N /A, 2011, until N /A. In the case of anon -fixed dated contract, this Agreement shall commence on January 13, 2012 and shall expir9 on January 13, 2015. If officers are needed for additional days of service beyond the fixal dates, the contractor shall make a written request and specify dates and times to 1 Jan 23 2012 2:12PM RDESR GENERRL MGR 2533518763 P.2 the Auburn Polic Department. This request will be attached and incorporated by reference to this original agre ent during the one year time frame. Either parry may erminate this Agreement when in its sole discretion; it is in the best interest of the terminating p _ , by giving one (1) week's prior written notice to the other party. 3. COMPE SATION: Contractor shall ay 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. Contractor shall and the rate of p Contractor shall hours worked on New Years Eve New Years Day Independence D Labor Day Thanksgiving D Day After Th Christmas Eve Christmas Day 4. PA Hourly Wage Rate (Four Hour Minimum) TOTAL COST PER OFFICER PER HOUR $ X45.00 $ $45.00 ay the City for any hours worked by officers in exceeding 8 consecutive hours for those hours exceeding 8 hours will be at 1 1/2 times the hourly rate. ay the City for hours worked by officers at 1 '/2 times the hourly rate for all olidays. Designated Holidays are as follows: y y giving The Contractor to the all- inclus The City shall i detailed service officer. Payme within thirty (3 (thirty) 30 days the balance due payment is not Department, th proper payment all compensate the City for law enforcement services described herein pursuant e payment rate and estimated monthly /annual service schedule shown above. voice the Contractor on or after the first of the month for services and include information, including actual service hours and all- inclusive hourly rate, per shall be made by a check payable to the City of Auburn, and send to the City calendar days after receipt of invoice. Payments to the City that are later than ollowing the invoice dates shall accrue interest at the rate of 12% per annum on All payments shall first be applied to the accrued interest. In the event that received by the City of Auburn for services provided by the Auburn Police contractor shall be responsible for all legal costs associated with obtaining The Contractor hall not be financially liable for scheduled law enforcement services which are not actually pe ormed; 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, Jan 23 2012 2:12PM -r ADESA GENERAL MGR 2533518763 p.3 special assignment or overtime duty, the Contractor's payment shall be for only those hours of service that the oicer provided to the Contractor. 5. DUTY S4ATUS: Each police officbr assigned work pursuant to this contract is subject to call by the City's Chief of Police or the hief s designee at any time for emergencies, special assignment, or overtime duty. Extra duty , mployment shall not infringe or interfere with this obligation. 24 -hour cancella1on 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 owi 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 d/or scheduled hours, the extra duty employer will be responsible for any additional paymet 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 ob Constitutions of officers shall un this contract, th pursuant to this in Section 1(d) the direction an 7. NO SPE Police officers Contractor. Th to this contract Contractor. F not create any s harm or injury duties to be pe y, uphold and enforce the laws of the City and the State of Washington and the e State of Washington and the United States of America at all times. Such erstand that while they are on duty or engaged in extra duty assignment under y may be subject to discipline by the City. Police officers performing work ontract shall only provide law enforcement/ peacekeeping services as specified this contract and they are at all times while performing said services subject to control of the City police department only. IAL DUTY TO CONTRACTOR OR OTHERS: n extra duty assignment have a primary obligation to the City, not the are expected to discharge all duties of their office while performing pursuant and will not perform any non -law enforcement /peacekeeping functions for hermore, this contract and performance thereof by the City police officers shall ecial relationship with any person or duties to protect any specific persons from eluding the party signing this contract. The law enforcement/peacekeeping ormed pursuant to this contract are the same in extent and scope as those provided by polite officers to every member of the public. 8 NONDIkCRIMINATION: The Contractor creed, age or th hall not discriminate on the basis of race, color, sex, religion, national origin, I presence of any sensory, mental or physical handicap. Jan 23 2012 2:13PM ADESA GENERAL MGR 2533518763 p.4 9. LIABILITY: Each party shall le 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 nor hold the other party harmless. 10 NOTICE All notices and o er material to be delivered under this contract shall be in writing and shall be delivered or mail d to the following addresses: Cty of Auburn 2 W. Main St l Auburn, WA 98001 Cdntractor: esa Auto Auction 6 1 37th ST NW A burn, WA 98001 or such o her addresses as either party may, from time to time, designate in writing_ 11 ENTIRJ AGREEMENT: No modification or amendment of this contract shall be effective unless in writing and signed by authorized repre entatives of the parties. This contract contains the entire agreement between the parties and may of be enlarged, modified, or altered except in writing, signed by the parties. DATED this S&T day of .f&sv oir2 Approved a to lsorm: C Y OF A By: •�•�� Chief of Poll City o Auburn By: , 2012. City of Auburn Mayor Pete Lewis DATED this day of _ JAN-h--)ACA..?/ . 2012. CONTRACTOR: A4sc. BY: - -A.sa) A(1, 2c) TITLE: <Y\