HomeMy WebLinkAboutMuckleshoot Bingo 12/20/2012 17 37 2537350384 MIB ,YC�FR 00;PAGE 02
U,c
-411 0� UFF/C
AUBURN POLICE DEPARTMENT
EXTRA DUTY POLICE EMPLOYMENT CONTRACT
This agreement is made and entered into this 20th day of December, 2012 by and between the
City of Auburn and Muckleshoot Bingo,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;
I -
NOW, THEREFORE, the parties agree 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 1 officer.
(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 12131/12 at 1700 HRS-0100 11RS.
(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 Muckleshoot Bingo 2117
Auburn Way S Auburn WA, 98002
(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 N/A, 2012, until N/A.
In the case of a non-fixed dated contract, this Agreement shall commence on 12/20/12 and shall
' expire on 12/31/13. 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.
Received Time Dec 20 2012 4 07PM No 1875
12/20/2012 17 37 2537350384 MIB PAGE 03
i 10
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) $, $48.96
TOTAL COST PER OFFICER PER HOUR $ $48.96
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 V2 times the hourly rate.
Contractor shall pay the City for hours worked by officers at 1 t/s 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 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 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 under this
i 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 only those hours of
service that the officer provided to the Contractor.
Received Time De,. 20. 2012 4 07PM No 1875
N
12/20/2012 17 37 2537350384 MIB PAGE 04
� I
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 Chief's 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 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 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 departinent 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.
I
8 NONDISCREWNATION:
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.
Received Time Dec 20. 2012 4 07PM No 1875
12/20/2012 17 37 2537350384 MIB PAGE 05
� J
9. LIABILITY
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 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
Muckleshoot Bingo
2117 Auburn Way S
Auburn, WA 98002
Attn: Rae Jansen
or such ocher 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 2` day of -E 2012.
Approved as to Form: CITY A
By- P-,l By.
--cam
Chief of police City of Auburn City of Au um Mayor Pete Lewis
DATED this_I/Drk day of i�e 6 h _r 2012.
CONTRACTOR. pCi/P�tm f 13/nqO
BY
TITLE.
Received Time Dec 20. 2012 4 07PM No 1875