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HomeMy WebLinkAboutFred Hutchinson Cancer Research Center AUBURN POLICE DEPARTMENT EXTRA DUTY POLICE EMPLOYMENT CONTRACT This agreement is made and entered into this 20th day of March, 2013 by and between the Cite of Auburn and Fred Hutchinson Cancer Research Center, hereinafter identified as the Contractor WHEREAS, the Contractor owns. operates or manages a business for profit or non-profit within Cite 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 tinder 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 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 Chiefol'Police. Contractor requests 4 total 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 August 10, 2013 between approximately 11:30 am and 4:30 pm (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 locations listed below- 1. Corner of `F' St. SE and 4th St. SE - cyclists will be making a left turn unto F St. - 1 x officer - 11:30am to 4:00pm - 4.5hours 2. 12th St SE and `.P St SE - left turn from 'J' St. onto 12th St. - I x officer- 11:30am to 4:30pm - 5 hours 3. `M' St. SE / Auburn NVay and 17th St SE - Riders will cross over Auburn Way and 17th St SE, , heading south. - 2x officers - 11:30ant to 4:30pm - 5 hours each, 10 hours total. (d) Duty of officers: Assisting riders in safely passing through intersections on the green light. 2. CONTRACT "PERM: The term of performance of the contract shall be the fixed dates from August 10, 2011 until August 10, 2013 In the case of a non-fixed dated contract, this Agreement shall continence on N/A and shall expire on N/A. 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. Either party may terminate this Agreement when in its sole discretion, it is in the best interest of the terminating party, by giving one (I ) weeks prior written notice to the usher party 3. COMPENSATION: Contractor shall pay the City as full compensation for all police services furnished under this contract a fee ol'$48.96 per hour of officer time as itemized below a. Hourly Wage Rate (Four Hour Minimum) $ $48.96 1-0"FAE 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 '/ times the hourly rate Contractor shall pay the City for hours worked by officers at 1 '/ times the hourly rate for all hours worked on Holidays. Designated Holidays are as follows: New Years Eve New Years Dav Independence Day Labor Day Thanksgiving Day Day Alter 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 oflcer Payment shall he made by a check payable to the Cih of Auburn, and send to the City within thirty (30) calendar days alter receipt of invoice. Pa\ments to the City that are later than (thirty) 30 days lollowing the invoice dates shall accrue interest at the rate of 12% per annum on the balance due. All payments shall lirst 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 Agreement. and then is called by the Chief of Police or his/her dcsiance for an emcrsency, special assignment or overtime duty, the Contractor's payment shall he for only those hours of service that the officer provided to the Contractor 5. DUTI' STATUS: Each police officer assigned work pursuant to this contract is subject to call by the City's Chid of Police or the Chiefs designee at any time for emergencies, special assignment, or overtime duly Extra duty employment shall not infringe or interfere with this obligation. 24-1-Lour 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 Oflicers 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 dut 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 Citv 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, thev may be subject to discipline by the Cit- Police officers performing work Pursuant to this contract shall only provide law enforcement/ peacekeeping services as specilied in Section I(d) ot'this contract and they are at all times while perlorming said services subject to the direction and control ofthc 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 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 f'or 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 contact shall he in writing and shall he delivered or mailed to the following addresses. CitvofAuburn 25 W Main Street Auburn, WA 98001 Contractor: Fred Hutchinson Cancer Research Center 1 100 Fairview Ave N Seattle, WA 98109 Ann. Chris Reed Of- such other addresses as either party may. From time to time, designate in writing. 11 EN"r112E 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 07'= dad ol'JUNE 2013. AppEz�� CI"I'1' O ' r E3 f3v: Ba Chief of P olice City of Auburn Cite of, churn etc Lewis � 1 DATED this 27 da\ of c Z4AJ . 2013). CONTRACTOR. �IzEO !}urG/t "TITLE. /c/