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HomeMy WebLinkAboutExtra Duty Police Employement Contract - Muckleshoot Indian Tribe DocuSign Envelope ID:8AEEAD2E-6E02-41B5-A68A-FA76541DDBFE AUBURN POLICE DEPARTMENT EXTRA DUTY POLICE EMPLOYMENT CONTRACT This agreement is made and entered into this 2nd day of February 2022 by and between the City of Auburn and Muckleshoot Indian Tribe d/b/a Muckleshoot Casino (Muckleshoot), 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 1-2 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 7 days a week from approximately 18:00 to 0:400 (depending on the day of the week). (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 Casino, 2402 Auburn Way S,Auburn, WA 98002. (d) Duty of officers: General Security 2. CONTRACT TERM AND COMPENSATION: The term of performance of the contract shall be a fixed date on January 1, 2022 to December 31, 2022. 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 original agreement during the one-year time frame. Muckleshoot Casino 01-01-22 to 12-31-22 Extra Duty APD contract DocuSlgn Envelope ID:8AEEAD2E-6E02-41B5-A68A-FA76541DDBFE Compensation: Contractor shall pay the City as full compensation for all police services furnished under this contract a fee of$80.00 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 l '.4 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 incurred. Holidays: Contractor shall pay the City for hours worked by officers at 1'h 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 confirmed 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. Special Event Rate: Contractors shall pay the City a special event rate of I '/2 times the hourly rate for all hours worked during any Special Event, A Special Event should he considered an event in which additional officers, a number above the original contract, are requested to assist. Contractors and. the City shall agree upon Special Events prior to the date of the requested event. Examples of a Special Event: Events in which a contractor is requesting additional officers above the original contracted number; or Events that require ticket purchase or tickets are required to enter; or Events that have at least 750 or more expected guests; or Events that are promoted as large events and/or special events; or Events that have a significant media presence. 3. PAYMENT: The Contractor shall compensate the City for law enforcement services described herein pursuant to the all-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 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. Muckleshoot Casino 01-01-22 to 12-31-22 Extra Duty APD contract DocuSign Envelope ID:8AEEAD2E-6E02-4185-A88A-FA76541DDBFE 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. 4. 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 department only. 5. 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. 6. NONDISCRIMINATION 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 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. 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 Attn: Kerri Scranton Name: Muckleshoot Indian Tribe d/b/a Muckleshoot Casino 25 W Main Street Address: 2402 Auburn Way S Auburn, WA 98001 City: Auburn,WA 98002 Attn: Conrad Granito Email:Conrad,granito@muckleshootcasino.com muckleshootcasino.com Muckleshoot Casino 01-01-22 to 12-31-22 Extra Duty APD contract DocuSlgn Envelope ID:8AEEAD2E-6E02-41B5-A68A-FA76541DDBFE or such other addresses as either party may, from time to time, designate in writing. 8. 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. r-r DATED this., / ,a day of Fe. -,-y ,2022. Approved as to Form: CITY OF AUBURN By: � By: �' _-- 0414 City of Auburn Chief of Police Mark Caillier City of Aubu? ayor Nancy Backus DATED this 2nd day of February , 2022. CONTRACTOR: BY: fSignaturo casi,_ PD Plcnsc Print TITLE:. C Muckleshoot Casino 01-01-22 to 12-31-22 Extra Duty APD contract