Hire an officer
Off-duty employment.
(1) Definitions. As used in this subsection, the following terms shall have the meanings indicated:
A person, corporation, partnership, business, or other entity, including nonprofit entities, employing a Clinton Township police officer to provide off-duty police-related services.
Any engagement of a Clinton Township police officer by a contractor for police-related services where the source of compensation to the police officer does not originate from the Township budget line item for police wages and salary but is instead funded by the contractor.
(2) Request for off-duty police employee; special assignments.
A contractor seeking to engage Township police officers for off-duty employment shall direct its request to the Chief of Police. The request shall be in writing, and shall describe the specific nature of the services desired.
The Chief of Police may assign police officers for off-duty employment based upon a determination that public health, safety and welfare would be advanced through the provision of off-duty employment. The cost for providing off-duty employment shall be the responsibility of the contractor, and all costs shall be paid as set forth in Subsection H(7) below.
(3) Assignment of police officers. The department shall maintain a list of police officers who have offered to provide off-duty employment. Assignment of off-duty employment shall be made in accordance with a rotation list maintained by the Chief of Police. When a police officer is assigned off-duty employment, or declines to accept an assignment, the officer’s name will be placed at the bottom of the list.
(4) Emergencies. Off-duty employment may be immediately terminated if the police officer performing the work is required for emergency police duty for the Township, as determined by the Chief of Police.
(5) Police uniforms, equipment and vehicles. Township police officers providing off-duty employment for contractors shall be in full police uniform while said services are being provided; however, Township police vehicles shall not be used by police officers during the performance of off-duty employment unless specifically authorized by the off-duty agreement.
(6) Authorizing contracts. The Chief of Police is hereby authorized to execute contracts with contractors for the services required, which contracts shall set forth, among other things, the specific nature of the services to be performed, the location where said services will be performed, the dates and hours of service, payment arrangements, arrangements for the use of police vehicles, arrangements for insurance coverage, an agreement to establish and maintain the escrow account as set forth in Subsection H(7) below, and any other provisions mandated by this chapter or any other applicable law or regulation.
Payment requirement; escrow accounts.
Any contractor requesting the services of an off-duty law enforcement officer in the department shall estimate the number of hours such law enforcement services are required, which estimate shall be approved in writing by the Chief of Police, and shall establish an escrow account with the Chief Financial Officer of the Township by depositing an amount sufficient to cover the rates of compensation and administrative fees for the total estimated hours of service. A separate dedicated by rider trust fund shall be established by the Township and all funds collected and disbursed relating to off-duty employment shall be made through said account.
Prior to posting any request for services of off-duty police officers, the Chief of Police shall verify that the balance in the escrow account of the contractor requesting services is sufficient to cover the compensation and fees for the number of hours specified in the request for services. The Chief of Police shall not post a request for services from any person or entity unless all fees and compensation required in the manner described above have been deposited with the Chief Financial Officer. No police officer shall provide any such services for more hours than are specified in the request for services.
Subject to Subsection H(7)(f) below, in the event the funds in such an escrow account should become depleted, services by police officers for off-duty employment shall cease and requests for further or future services shall not be performed or posted until additional funds have been deposited in the escrow account in the manner prescribed above.
The contractor requesting such services shall be responsible for ensuring that sufficient funds remain in the escrow account in order to avoid any interruption of services.
Salary and fee schedule. Contractors hiring Township police officers for off-duty employment shall be charged pursuant to the following schedule, which includes an hourly rate of pay for the police officer, the cost for the use of a police vehicle, plus a fair and reasonable sum representing the administrative costs, overhead and out-of-pocket expenses to the Township for providing this service:
Personnel: $75 per hour per full-time police officer at any site.
Vehicles: $ 50 per car. This fee shall not apply to any public-school-sponsored event on public school property within Clinton Township.
Administration fee: 20% of the total fee as outlined above. If said service is requested within eight hours of the desired start time, an additional $75 shall apply.
If a contractor’s escrow account shall become deficient, the contractor shall submit payment to the Township within two business days of notification of deficiency. Failure of the contractor to make payment within said two days shall result in the immediate cessation of the policeservices being provided, and this agreement shall be deemed terminated. In the event this contract is terminated, the contractor shall forfeit all sums paid in advance and the Township shall have the right to pursue any remedy at law for the collection of any amounts that may be due and owing for the services provided prior to termination.
Payment to officers.
Police officers providing off-duty employment for contractors shall be paid for said services by the township at the rate set forth in subsection H(7)(e) above. Payment shall be made to the officer within two pay periods of the performance of the work except as otherwise provided herein.
All sums due a police officer performing off-duty employment shall be paid subsequent to the submission of a voucher which is approved by the Chief of Police. No officer shall be paid until such time as the contractor’s account with the Township has enough funds in it to at least cover the payments requested by the officer(s).
Insurance. The contractor shall be responsible for providing all necessary insurance coverages consistent with law, including but not limited to workers’ compensation and general liability insurance. Coincidental with the execution of the contract referred to in Subsection H(6) above, entitled “Authorizing contracts,” the contractor shall provide the Township with appropriate insurance binders insuring that the police officer and the Township are provided general liability coverage with respect to the services to be provided and that the police officer is covered by appropriate workers’ compensation insurance.
Indemnification.
To the fullest extent permitted by law, the contractor shall indemnify, defend, and hold harmless the Township of Clinton, its agents and employees, from and against all claims, damages, losses, liabilities and expenses, including but not limited to attorney’s fees and court costs, arising out of, resulting from or in any way relating either directly or indirectly to:
The performance of the work;
Any and all claims made by said police personnel for injuries and/or illnesses while performing the off-duty employment;
The breach by the contractor of any of the terms and conditions of the agreement;
The negligent or intentional acts or omissions of the police and/or the contractor, its employees, agents, and/or subcontractors;
Bodily injury, sickness and/or disease, including death at any time resulting from such bodily injury, sickness or disease, sustained by any person while in, on or about the site and surrounding areas where such injury, sickness, disease and/or death arose out of or was in any way connected with the work;
Any liability based upon the contractor’s negligence imputed to the Township of Clinton;
Damage to property of the contractor, the Township of Clinton or any other person or entity arising out of, incident to, or in connection with the performance of the work;
Laborers, mechanics and materialmen’s liens, and all other liens and charges of every character whatsoever, arising out of work to be performed by this agreement; and/or
Any other cause of action which may be brought against the Township of Clinton arising out of or in any way relating to the work and the contractor’s obligations hereunder.
This indemnification and hold harmless agreement shall apply in all instances, whether the Township is a plaintiff or is made a direct party to the initial action or claim or is subsequently made a party to the action by third-party in-pleading or is made a party to a collateral action arising, in whole or in part, from any of the issues from the original cause of action or claim.
