HomeMy WebLinkAboutLE Off-Duty Services Agreement Active Construction.docxDISTRIBUTION: FINANCE DEPT, BPD OPERATIONS, CITY CLERK Rev. 10.21
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 _Active Construction Inc (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, 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.
Date(s) Requested: Any dates throughout the year which are needed
Number of Officers: 1 to 2 per date, per location
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 $_87_ per hour for each service hour rendered by an officer with a minimum
of THREE hours.
Police vehicle requested: Yes No Determined by type of work performed.
Duration/Termination:
This Agreement shall become effective on date of signing and shall remain in effect through 12-31-22_ and
may be extended thereafter by mutual agreement. The contract may be terminated by either Party upon
written notice delivered to the other Party 30 days in advance of the intended termination date. 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:
Contractor is responsible for any and all licenses, fees, or insurance required or necessary to perform its
DocuSign Envelope ID: 71F16D17-1123-4B87-8846-BA73CFF8F9FF
DISTRIBUTION: FINANCE DEPT, BPD OPERATIONS, CITY CLERK Rev. 10.21
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 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 the Contractor at: Attn:
Connie Meyer c/o Active Construction: 5110 River Road E. Tacoma, WA 98443
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 Company/Organization
_Aaron Elton _________________ ___Active Construction Inc. ______
Print Name date Print Name date
___________________Lieutenant_ _______________ _ ___________
Signature Title Signature Title
DocuSign Envelope ID: 71F16D17-1123-4B87-8846-BA73CFF8F9FF
5/18/2022 5/18/2022
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