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Home My WebLink About5973 LAW 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 Michels (hereafter"Contractor"), for the services of off-duty regular commissioned Police Officers. Location and 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, the enforcement of relevant laws, and traffic control if requested (the"Services"). Standard of Care: The Services performed by City shall be conducted in a manner consistent with the prevailing level of care and skill exercised by members of the City's law enforcement professionals, and in accordance with the Agreement. Contractor shall not be responsible for: (i) the standard of care required to be provided by City; (ii) the safety of any of City's employees, agents, representatives, or any other party under City's direction; or (iii) City's compliance with any safety requirements necessary to be in place while City performs its Services. City shall be fully responsible for the safety of its employees, agents, or any other person supporting its Services. 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. Date(s) Requested: Any dates throughout the year which are needed 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, based 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$72.43 per hour for each service hour rendered by an officer with a minimum of THREE hours pay. Date(s)-re : Contractor will be billed at the end of each month payable within 30 days from receipt of invoice Duration/Termination: This Agreement shall become effective on date of signing and shall remain in effect through 12/31/2019 and may be extended thereafter by mutual written 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: In any judicial proceeding to enforce this Agreement, each party shall be responsible for its own costs, including attorneys' fees. DISTRIBUTION: FINANCE DEPT, BPD OPERATIONS, CITY CLERK Rev. 10/18 License and Certifications: Contractor is responsible for any and all licenses, fees, or insurance required or necessary to perform its normal business in the City of Bremerton. 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 any 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 indemnify, defend and hold Contractor harmless from any exposure or liability that may occur to the extent caused by the negligent acts or omissions or other tortious or wrongful act of the City, its officers, agents, and employees;provided, however, the City, its officers, agents and employees shall not be liable for any risk, exposure, or loss suffered to the extent caused by the negligent acts or omissions or other tortious 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/mailed/emailed to: Michels All invoices shall be sent via email to APlnvoices@michels.us. All invoices must clearly indicate Michels' Job Number:182417 and PO Number: B272181SU. Any notice to be given under this Agreement shall be sent to: Michels Corporation Attn: Jim Murray 817 Main St. P.O. Box 128 Brownsville, WI 53006 Email: jmurrav(c�michels.us Phone: 425-417-1183 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. Approval Received by: City of Bremerton PD Contractor Michels Corporation DISTRIBUTION: FINANCE DEPT, BPD OPERATIONS, CITY CLERK Rev. 10/18 Fa OA 60 Pri% Name Date Company/Organization Date 6/-/7/67 4/16/19 Signature Print Name—Authorized Representative Daniel R. Schwartz Ztoa APPROVAL/WA----- Capt. PPROVAL WA---Capt. R. Plumb Date Authorized Signature/Contractor DISTRIBUTION: FINANCE DEPT, BPD OPERATIONS, CITY CLERK Rev. 10/18 LAW 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 Michels (hereafter"Contractor"), for the services of off-duty regular commissioned Police Officers. Location and 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, the enforcement of relevant laws, and traffic control if requested (the"Services"). Standard of Care: The Services performed by City shall be conducted in a manner consistent with the prevailing level of care and skill exercised by members of the City's law enforcement professionals, and in accordance with the Agreement. Contractor shall not be responsible for: (i) the standard of care required to be provided by City; (ii) the safety of any of City's employees, agents, representatives, or any other party under City's direction; or (iii) City's compliance with any safety requirements necessary to be in place while City performs its Services. City shall be fully responsible for the safety of its employees, agents, or any other person supporting its Services. 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. Date(s) Requested: Any dates throughout the year which are needed 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, based 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$72.43 per hour for each service hour rendered by an officer with a minimum of THREE hours pay. Date(s)-required: Contractor will be billed at the end of each month payable within 30 days from receipt of invoice Duration/Termination: This Agreement shall become effective on date of signing and shall remain in effect through 12/31/2019 and may be extended thereafter by mutual written 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: In any judicial proceeding to enforce this Agreement, each party shall be responsible for its own costs, including attorneys' fees. DISTRIBUTION: FINANCE DEPT, BPD OPERATIONS, CITY CLERK Rev. 10/18 Print Name Date Company/Organization Date 4/16/19 Signature Print Name—Authorized Representative Daniel R. Schwartz APPROVAL: Capt. R. Plumb Date Authorized Signature/Contractor DISTRIBUTION: FINANCE DEPT, BPD OPERATIONS, CITY CLERK Rev. 10/18