HomeMy WebLinkAboutRainier Asphalt AIJ�URN POLICE I)EPAItTl��IEN'I'
E�Tl� DUTY POLICE ElO�IPLOYMEl>1T COl�TTRACT
This agreement is made and entered into this 7: day of RN"u � , 201� by and
between the City of Auburn and Rainier Asphalt, hereinafter identified��.4�the Contractor.
WHEREAS, the Contractor owns, operates or manages a business for profit or non-profit within City
a.nd 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 confliet with their law enforcement
responsibilities for and duties to the City;
NOW, THEREFORE, the parties agree as follows:
1. SCOPE OF PERFORMANCE:
T'he 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 1-2 riumber 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 days to be determined. Estimated times are from 8:00
am to 4:00 pm or times dependent on work load.
(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 various locations as directed by
the contractor at the time of scheduling services.
(d) Duty of officers: Security, crowd control,traffic control, (other) Traffic control.
2. CONTRACT 'I'ERM AND COMPENSATION:
The term of performance of the contract shall commence on January 1, 2018 and shall expire on
December 31St, 2018. 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 by
giving one (1) week's notice. This request will be attached and incorporated by reference to this orig_inal
agreement during the one year time frame.
Compensation: Contractor shall pay the City as full compensation for all police services furnished
under this contract a fee of$70.00 per hour of officer time as itemized below. 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.
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 ineurred.
Holidays: Contractor sha11 pay the City for hours worked by officers at 11/2 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 and Christmas Day
Cancellation: 24-hour cancellation notice is required from extra-duty employers. Failure to provide
adequate and confi.rmed notice to the Scheduling Coordinator will entitle the scheduled extra duty
officer to a minimum payment of four(4) hours of the regular rate of pay.
3. PAYMENT:
The Contractor shall compensate the City for law enforcement services described herein pursuant to the
a1l-inclusive payment. 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 sent to the City
within thirty (30) calendar days after receipt of irivoice. 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 tq the accrued interest. In the event that paymerit is not reeeived
by the City of Auburn for services provided by the Auburn Police Department, the contractor shall be
responsible for a11 legal costs associated with obtaining proper payment.
The Contractor shall not be financially liable for scheduled law enforcement services whieh are not
actually perforined; 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 assignmerit or
overtime duty, the Coritractor's payment shall be for only those hours of service that the officer provided
to the Contractor.
4. ADHERENCE TO CITY POLICIES & PROCEDURES & SCOPE OF WORK:
Poliee 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 contraet 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.
5. NO SPECIAL DUTY TO C'ONTRACTOR 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 sigriing this
contract. The law enforcement/peace�:eeping 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.
6. NONDISCRIMINATII�N AND LIABILITY:
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.
Each party shall be responsible and liable for the consequences of any act or failure to act an 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.
7. 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 Contractor
25 W Main Street Name: Rainier Asphalt
Auburn, WA 98001 Address: PO Box 1549
City, State, Zip: North Bend, WA 98045
Name: Saulo Chonay �
Phone: (844) 592-0311
Email: chona r�(a�rainierasphalt.com �Prefer invoices sent by emaiL
or such other addresses as either party may, from time to time, designate in rvriting.
,
8. ENTIRE AGR�EMENT:
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 day of � V , 201�.
Approved as to Fo : CITY OF AUBURN
By: By:
City af Auburn Chief of Po ice Bob Lee Ci of Aub yor Nancy ackus
�
DATED this 3 day of �anuary ,20I 8.
CONTRACTOR: Rainier Asphalt&Goncrete ILC.
�
BY:
S e
Tanja Duffy
Ptease Print
TITLE: Projeet Coordinator