HomeMy WebLinkAboutWhite River Buddhist TempleI
1
AUBURN POLICE DEPARTMENT
EXTRA DUTY POLICE EMPLOYMENT CONTRACT
This agreement is made and entered into this 22nd day of June, 2015 by and between the
City of Auburn and White River Buddhist Temple, 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;
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 number of 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 Saturday, July 25, 2015
at 5:15 pm to 9:15 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:
White River Buddhist Temple
3625 Auburn Way N
Auburn, WA 98002
(d) Duty of officers: Security, crowd control, traffic control, (other) General
Security and monitoring of the beer garden.
2. CONTRACT TERM:
The term of performance of the contract shall be the fixed dates on Date.
In the case of a non -fixed dated contract, this Agreement shall commence on N/A and shall
expire on N /A, 2015. 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 (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 $48.96 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 '/2 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
Thanksgiving Day
New Years Day
Day After Thanksgiving
Independence
Day Christmas Eve
Labor Day
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 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.
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 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 I (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.
S. 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 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 Street
Auburn, WA 98001
Contractor
Name: White River Buddhist Temple
Attn: Kerry Taniguchi
Address: 3625 Auburn Way N
City, State, Zip: Auburn, WA 98002
Phone: (206)659-3861
Email: k.tan253 @gmail.com
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 2L day of : V J
111M
Approved as to Form: CITY OF AUBURN
By. By:
City of Auburn Chief of Police Bob Lee bty of Aull Mayor Nancy Backus
r
DATED this day of
2015.
CONTRACTOR: Wm— ceRweg uDDt1tST ErtivLc-
BY: l
Signanue
Kerry Taniguchi
Please Print
TITLE: