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Home My WebLink AboutRW Scott Construction Extra Duty Police Employment Contract02/04/2012 _04:46 2533510055 RW SCOTT CONSTRUCTIO AUBURN POLICE DEPARTMENT EXTRA DUTY POLICE EMPLOYMENT CONTRACT PAGE 02 ‘4, This This agreement is made and entered into this 9th day of February, 2012 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 Chicf of Police's approval.; and WHEREAS, the duly commissioned officers who may provide such services will be assigned to extra duty undcr 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 partics agree as follows: 1.. SCOPE OF PERFORMANCE: The City shall provide the Contractor witb extra duty police officer services as described below: 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. 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 02/15/12 dates) at 1.000- approx 1600 (times). (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 W. Main ST and West Valley Highway. (Location) (d) Duty of officers: Security, crowd control, traffic control, (other) Traffic Control. 2. CONTRACT TERM: The term of performance of the contract shall be the fixed dates from N /A, 2012, until N /A. In the case of a non -fixed dated contract, this .Agreement shall commence on February 9, 2012 and shall expire on February 9, 2014. 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 02/04/2012.'04:46 2533510055 SCOTT CONSTRUCTIO PAGE 03 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) TOTAL COST PER OFFICER PER HOUR $ 45.00 $ $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 'A times the hourly rate. Contractor shall pay the City for hours worked by officers at 1 1/2 times the hourlylrate 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 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 1.2 %'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 Aubum 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, 02/04/2012 04:46 2533510055 RW SCOTT CONSTRUCTIO PAGE 04 special assignment or overtime duty, the Contractor's payment shall be for only those hours of . service that the officer provided to the Contractor. 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 thc 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 thc extra duty venue will be responsible for making their own arrests and writing their own pol.i.ce 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. ADAERENCT 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 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 1(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. 02/04/2012 04:46 2533510055 9. LIABILITY: RW SCOTT CONSTRUCTIO PAGE 05 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 nor hold the other party harmless. 10 NOTICES: All notices and other material to be delivered undcr this contract shall be in writing and shall be delivered or mailed to the following addresses: City of Auburn 25 W. Main ST Auburn, WA 98001 Contractor: RW Scott Construction 4005 West Valley Hwy N, Suite A Auburn., WA. 98001 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 not be enlarged, modified, or altered except in writing, signed by the parties. DATED this 13 day of 'R,, 6 fLki Q , 201, 2. Approved as to Form: By: Chief o Police City of Auburn City of Auburn Mayor Pete Lewis CIT By: DATED this 911'1 day of 2012. CO . CTOR: Q • Yd • BY: TITLE: • Cdh OY1