HomeMy WebLinkAboutSeattle Heritage Event (2) 07/12/2012 2 26 PM FAX 2538334128 DHIIZON 0002/0005
AUBURN POLICE DEPARTMENT
EXTRA DUTY POLICE EMPLOYMENT CONTRACT
This agreement is made and entered into this 11 th day of July, 2012 by and between the City of
Auburn and The Seattle Heritage Event, hereinafter identified as the Contractor
WHEREAS, the Contractor ovens. 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 enibrccment officers to provide
police related services to the Contractor suhjcct 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
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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 2 number ul'off icers.
(b) flours and dates to be worked. As requested by the Contractor subject to the
4yruval of the City 5 Chief of Policc, with o four (d) hour miniri,uin extra duty
time per event. Contractor requests services on Sunday .July 15'h, 2012 at 1530-
1930 HRS.
(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 Auburn
Performing Arts Center
(d) Duty of officers. Security
2. CONTRACT TERM-
The term of performance of the contract shall be the fixed dates of duly 15th, 2012
In the case of a non-fixed dated contract, this Agreement shall commence on N/A and shall
expire on N/A. if officers arc needed for additional days of service bevond 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 relcrence to this original
agreement during the one year time frame.
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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. COMPF,NSATION.
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) $ 45
TOTAI ('09T PER OFFICUR 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 1/2 times the hourly rate.
Contractor shall pay the City for hours worked by officers at 1 V times the hourly rate fir all
hours worked on Holidays. Designated Holidays are as follows:
New Year, F.ve
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 ror services and include
detailed service information. including actual service hours and all-inclusivc hourly rate, her
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. Payment's to the City that arc: 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 tinder 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 fin only those hours of
service that the officer provided to the Contractor
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S. 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 fir 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 minimum payment of three (3)hours of the regular rate of pay
Officers working; the extra duty venue will be responsible limr 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 POLICTF,S & PROCEDURES & SCOPF OF WORK.
Police officers engaged in extra duty employment arc obligated to discharge all duties of their
office and to adhere to the City s Police Iepartment 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 Unitcd States of America at all times. Such
officers shall understand that while they arc on duty or engaged in extra duty a.signment 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 nut the
Contractor. They are expected to discharge all duties of their office While person-ring pursuant
to this contract and will not perform any non-law enhrceriment/peacckeeping functions fix
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 front
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 is those
provided by police officers to every member of the public.
8 NONDISCRIMTNATTON:
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
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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 he 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 under 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,
The Seattle Heritage L-vent
26636 10 Ave S
Des Moines, WA 98198
Attn: Sunny Raj
or such other addresses as either party may from time to time, designate in waling.
11 ENTIRE AGREEMENT
No modification or amendment of this contract shall be eticetive 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 -TIA day of l �_ _ 2012.
Approved as to Form. C Y
By' _. [Ay-
Chief of Police City of Auburn City of uburn Mayor Pete Lewis
DATED this-1 Z day of `3-u � 2012.
I
CONTRACTOR.
BY _ _