HomeMy WebLinkAbout5713LAW ENFORCEMENT OFF-DUTY
SERVICES AGREEMENT
This Agreement is entered into by the City of Bremerton "City", a chartered municipality of the State of
Washington, and Kitsap Transit (hereafter "Contractor"), for the services
of off-duty regular commissioned Police Officers.
Locatiomand Description of Work to be Performed:
This Agreement provides off-duty police services to Contractor at premises designated by Contractor.
Bremerton; Police Officers agree to provide routine law enforcement services, exercise law enforcement
powers, provide security, protection of life and property, and the enforcement of relevant laws.
Dates and Times of Work:
Days and hours of work are to be requested at the discretion of Contractor. Whenever possible, at least
one week advance notice will be given in order to ensure that officers have adequate notice to sign up for
off-duty jobs. Nothing in this Agreement shall be interpreted as an obligation of the City to guarantee
coverage of such off-duty service requests.
Number of Officers:
The number of officers needed to fill each separate duty assignment shall be requested by Contractor
and reviewed by the City. The decision to schedule officer(s) shall be made by the City, in its sole
discretion,'fbased on the type of event and relevant officer safety issues. Nothing herein shall be
interpreted to require the provision of officers at any given time or location and the City reserves the right
to call away officers assigned to this special duty in the event of an emergency or other public safety
situation which requires the resources of the City's law enforcement personnel.
Uniforms:
Officers will be required to wear department uniforms except when undercover work is pre -approved by
the City.
Hourly Billing Rate:
Contractor shall pay to the City $66.28 per hour for each service hour rendered by an officer with a
minimum of THREE hours pay. (Rate includes vehicle use fee.)
Vehicle requested: ® Yes ❑ No ❑ Determined by type of work performed
Duration/,Termi nation:
This Agreement shall become effective on date of signing and shall remain in effect through 12/31/17
and may be extended thereafter by mutual agreement. The contract may be terminated by either Party
upon written notice delivered to the other Party. Termination of the Agreement shall not relieve either
Party of any obligation incurred prior to the termination date.
Enforcement:
The prevailing Party in any judicial proceeding to enforce this Agreement shall be entitled to recover its
costs, including reasonable attorneys' fees.
License and Certifications:
Contractorq is responsible for any and all licenses, fees, or insurance required or necessary to perform its
normal business in the City of Bremerton.
DISTRIBUTION: TREASURER'S OFFICE, TIMEKEEPERS Rev. 8/2/17
Independent Contractors:
Police officers assigned pursuant to this Agreement are neither agents nor employees of the Contractor.
The Bremerton Police Department shall have full control and supervision of its officers at all times under
the activities of the officers assigned. City will hold final approval of contract and manpower for the peace
and safety of officers and citizens of the City. Nothing shall limit the City's authority to exercise law
enforcement powers.
Indemnity Agreement:
It is understood and agreed that the police officer is not an agent or employee of Contractor and
Contractor will not be liable for any negligence of any police officer in the performance of his or her duty in
accordance with the terms and conditions of this Agreement. It is agreed that any and all exposure or
liability that may arise from and negligence on the part of any police officer in the performance of his or
her law enforcement duties as a result of this Agreement shall not be the responsibility of Contractor. The
City agrees to defend and hold Contractor harmless from any exposure or liability that may occur as a
result of the City's performance of this Agreement; provided, however, the City, its officers, agents and
employees shall not be liable for any risk, exposure, or loss suffered as a result of the negligent acts or
omissions or other tortuous or wrongful act of Contractor, its officers, agents, and employees.
Calculation of Service Hours:
Law enforcement action taken during contracted time could result in incident or arrest reports and
prisoner processing. Hours worked to complete contracted work will be billed to Contractor and may be in
excess of normal hours expressly requested pursuant to this Agreement. Contractor agrees to pay
unrequested costs to the extent necessary to prepare adequate reports, and process prisoners
regardless of whether hours are beyond requested, contracted service hours.
Costs to be Billed:
Costs incurred under this Agreement shall be billed to:
Kitsap Transit, Accounts Payable 60 Washington Ave., Ste 200 Bremerton, WA 98337
Entire Agreement — Amendment:
This Agreement constitutes the entire agreement between the Parties and any prior agreement, written or
oral, shall be merged with its provisions. The parties further agree that this amendment shall not be
modified without the express written consent of each party.
Received by: City of Bremerton PD
Print Name Date
Signature
APPROVAL.
Capt. T. Wolfe
Approval
Contractor
Company/organ
i
za
ti
on Date
Print Name —Authorized Representative
Signature
Date
DISTRIBUTION: TREASURER'S OFFICE, TIMEKEEPERS Rev. 8/2117