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HomeMy WebLinkAbout6733 Docusign Envelope ID:AE51584A-0709-4D4A-95A4-08655B51DF31 MODIFICATION NO. 1 TO LAW ENFORCEMENT OFF-DUTY SERVICES AGREEMENT BETWEEN BREMERTON POLICE DEPARTMENT AND BREMERTON AIRSHOW, LLC CITY OF BREMERTON CONTRACT NO. 6733 WHEREAS,The City of Bremerton "City", a chartered municipality of the State of Washington, and Bremerton Airshow LLC at: 15808 20th Avenue CT E, Tacoma, WA 98445 (hereafter "Contractor"), entered into an agreement for the services of off-duty regular commissioned Police Officers, effective July 15th, 2024; and WHEREAS, the parties wish to add additional time and service to this agreement in mutual benefit to the parties and agree that all provisions in the Contract shall remain in full force and effect except as expressly modified by this document; THEREFORE, the agreement is modified as follows: 1. Section 1. Dates and Times of Work: Shall be modified to include the additional following service times: Date/Time(s) Requested:Thursday, August 15"', 2024 1 Overnight Security Officer 8 hours—overnight, from 10 pm to 6 am Date/Time(s) Requested: Friday,August 16th, 2024 1 Overnight Security Officer 8 hours—overnight,from 10 pm to 6 am Date/Time(s) Requested: Saturday,August 17th, 2024 1 Overnight Security Officer 8 hours—overnight,from 10 pm to 6 am Date(s) Requested: Sunday,August 18th, 2024 1 Overnight Security Officer 8 hours—overnight, from 10 pm to 6 am The original total service hours was 48 hours,the additional dates and times above will add an additional 32 service hours making the new total hours 80 hours. 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. 2. Section 2. Hourly Billing Rate shall be deleted in its entirety and replaced with the following: The Contractor shall pay to the City at a minimum $98.00 per hour for each service hour rendered by an officer. In no case will the hourly reimbursement rate be less than the current approved Bremerton Police Officer's Guild agreed rate for a Sergent Step 5 with a minimum of 8 hours pay. The original total cost based on the request service was$4,704.The new total cost based on the additional requested service hours is: $7,840.00, including an additional$3,136.00 for the added service hours. DISTRIBUTION: FINANCE DEPT, BPD OPERATIONS, CONTRACTS ADMIN Rev. 01/23 Docusign Envelope ID:AE51584A-0709-4D4A-95A4-08655B51DF31 MODIFICATION NO. 1 TO LAW ENFORCEMENT OFF-DUTY SERVICES AGREEMENT BETWEEN BREMERTON POLICE DEPARTMENT AND BREMERTON AIRSHOW, LLC CITY OF BREMERTON CONTRACT NO. 6733 3. Section 3 Billing shall be deleted in its entirity and replaced with the following: Contractor will be billed for scheduled dates and times of work, as requested above,within 10 days in advance of service date(s). Payment must be made no later that 7 days prior to dates of service. If adjustments to dates,hours worked or number of officers,occurs a final invoice or credit memo may be issued by the City to the Contractor. In the event that adjustments are made which result in an amount greater than the current cost for requested service hours and a final invoice is issued to the Contractor, Contractor agrees that both Bremerton Airshow LLC(Contractor)as well as Director Douglas Fratoni in his personal capacity shall be liable for these additional costs. Furthermore, Contractor agrees to pay any potential overage within thirty (30) days of receiving the invoice. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Contract Modification shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a contract modification that is binding on the parties of this contract. In addition, Consultant warrants that it has or will inform the surety of this change, and shall take appropriate action to modify any bonds required under the contract to address this change. IN WITNESS WHEREOF,the parties have executed this Contract Modification on the day and year first written above. Approvals City of Bremerton PD BREMERTON AIRSHOW, LLC Dahle Roessel, Police Lt. 8/1/2024 Doug Fratoni , Owner 7/31/2024 ri ;tJ pe Date Print oe NImy:e—Title Date Ig �a t, 1bt,SSt,�, �bl Fraf au" 713ee4-49D243400... `—A80 18DA/6414E3... Signature Signature PDocuSigned by: APPROVAL: b�' b�' 8/1/2024 UE27A99A7531-.0G... Authorized Signer/BPD Date Authorized Signature/Contractor DISTRIBUTION: FINANCE DEPT, BPD OPERATIONS, CONTRACTS ADMIN Rev. 01/23 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 Bremerton Airshow LLC at: 15808 20th Avenue CT E,Tacoma,WA 98445(hereafter "Contractor"),for the services of off-duty regular commissioned Police Officers. 1. 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. 2. 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/Time(s)Re ed.Thursday, A ugus -5 72024 1 Overnight Security Officer 10 hours overnight Date/Time(s)Requested: Friday,August 16'4,2021 1 Overnight Security Officer 10 hours overnight Date/Time(s) Requested:Saturday,August 17th,2024 2 Security Officers 16 hours-during event 1 Command Officer 8 hours—during event Date/Time(s) Requested:Saturday,August 17'47-2924 1 Overnight Security Officer 10 hours overnight Date/Time(s) Requested:Sunday,August 18th, 2024 2 Security Officers 16 hours-during event 1 Command Officer 8 hours—during event Datefs-) Requeste :Sway,August 18`4,2021 1 Overnight Security Officer 10 hours overnight A total of 48 service hours requested 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. 3. Uniforms: Officers will be required to wear department uniforms except when undercover work is pre-approved by the City. DISTRIBUTION: FINANCE DEPT, BPD OPERATIONS, CONTRACTS ADMIN Rev. 01/23 4. Hourly Billing Rate: The Contractor shall pay to the City at a minimum$98.00 per hour for each service hour rendered by an officer. In no case will the hourly reimbursement rate be less than the current approved Bremerton Police Officer's Guild agreed rate for a Sergent Step 5 with a minimum of 8 hours pay. The total cost based on the current requested service hours is:$8,624.00. $4,704 5. Billing: Contractor will be billed for scheduled dates and times of work,as requested above,within 40 days in advance of service date(s). Payment must be made no later that 30 days prior to dates of service. If adjustments to dates, hours worked or number of officers,occurs a final invoice or credit memo may be issued by the City to the Contractor. In the event that adjustments are made which result in an amount greaterthan the current cost for requested service hours($4,704)and a final invoice is issued to the Contractor,Contractor agrees that both Bremerton Airshow LLC(Contractor)as well as Director Douglas Fratoni in his personal capacity shall be liable for these additional costs. Furthermore, Contractor agrees to pay any potential overage within thirty(30)days of receiving the invoice. 6. Duration/Termination: This Agreement shall become effective on date of signing and shall remain in effect through August 19th, 2024 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. 7. Enforcement: The prevailing Party in any judicial proceeding to enforce this Agreement shall be entitled to recover its costs, including reasonable attorneys'fees. 8. 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. 9. 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. 10. 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. DISTRIBUTION: FINANCE DEPT, BPD OPERATIONS, CONTRACTS ADMIN Rev. 01/23 11. 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. Contractor agrees that both Bremerton Airshow LLC and Director Douglas Fratoni in his personal capacity shall be liable for any costs incurred beyond contracted service hours and further agrees to pay said costs within thirty(30) days of receiving the invoice. 12. Costs to be Billed: Costs incurred under this Agreement shall be billed/mailed/emailed to:include contact phone number 13. 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. • Approvals City of Bremerton PD Contractor:jizsi.00(1, -iZ. A'A t ` Igs(C41"‘ eft/ t —7/ C72-4 .1.41 -7/75 ,?e,„..4 Print Name Date Print Name—Title ignature Sig ure , 14‘ APPROVAL: �//5/ -- < -------- Capt.M.Baths-- Date A orized Signature/Contractor DISTRIBUTION: FINANCE DEPT, BPD OPERATIONS, CONTRACTS ADMIN Rev. 01/23