[Added 8-25-1999 by Ord. No. 99-7]
Police officers employed by the Borough of Gibbsboro
shall be permitted off-duty employment pursuant to the provisions
set forth herein. Off-duty employment shall not be permitted if the
police officer and/or outside contractor fail to comply with the provisions
set forth herein either prior to the commencement of the employment
or at any time during the period of employment.
As used in this article, the following terms
shall have the meanings indicated:
The person, corporation, or other legal entity employing
a Gibbsboro police officer to provide off-duty police-related services.
OFF-DUTY EMPLOYMENT
Any employment by a Gibbsboro police officer for police-related
services where the source of compensation to the police officer does
not originate from the municipal budget line item for police wages
and salary.
[Amended 7-26-2000 by Ord. No. 2000-5]
Contractors seeking to employ off-duty Gibbsboro
police officers shall make said request through the Gibbsboro Borough
Clerk. The request must be in writing and must include the specific
nature of the services desired.
The Borough Police Chief shall maintain a list
of police officers who have volunteered for off-duty employment. Assignment
of off-duty police work shall be made in accordance with a rotation
list to be maintained by the Chief of Police. When a police officer
is assigned off-duty employment or if a police officer refuses an
assignment, the officer's name will be placed at the bottom of the
list.
Under no circumstances shall a police officer
be permitted to work more than 30 hours per week, during a regularly
scheduled workweek, in off-duty employment; and off-duty employment
can be immediately terminated if the police officer performing said
work is required for emergency police duty for the Borough of Gibbsboro
as shall be determined by the Chief of Police.
Gibbsboro police officers performing off-duty
police-related services for private contractors shall be in a uniform
prescribed by the Police Chief while said services are being provided.
Police vehicles will be authorized by the Chief of Police.
The governing body of Gibbsboro shall adopt
a resolution authorizing said off-duty employment, which may be amended
from time to time, and authorizing the Mayor to execute a contract
with the contractor for the services required which contract shall
set forth, inter alia, the specific nature of the services to be performed,
the location that said services will be performed, the dates and hours
of service, payment arrangements, arrangements for the use of police
vehicles, arrangements for insurance coverage, and any other provisions
mandated by this ordinance or any law or regulation of the State of
New Jersey.
The contractor shall pay for all off-duty police-related
services and the use of a Borough police vehicle(s), if authorized,
at a rate of pay determined by the Borough of Gibbsboro. Payment for
said services shall be made in advance of the performance of said
services. The hourly rate to be charged by the Borough of Gibbsboro
shall be established by the authorizing resolution and shall include
the hourly rate of pay for the police officer, the cost for the use
of a police vehicle, if authorized, plus a fair and reasonable sum
representing the administrative costs, overhead, and out-of-pocket
expenses to the Borough of Gibbsboro for providing this service. Payment
shall be made to the Borough Treasurer who shall bill for any services
which have not been paid in advance. A separate account or trust fund
shall be established by the Borough of Gibbsboro, and all funds collected
and disbursed relating to off-duty employment shall be made through
said account.
The contractor shall be responsible for providing all necessary insurance coverages as required by law, including, but not limited to workers' compensation and general liability insurance. Coincidental with the execution of the contract referred to in § 47-186, the contractor shall provide the Borough with appropriate insurance binders insuring that the police officer and Borough of Gibbsboro 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.
A.
To the fullest extent permitted by law, contractor
shall indemnify, defend, and hold harmless the Borough of Gibbsboro,
its agents and employees, from and against all claims, damages, losses,
liabilities and expenses, including, but not limited to, attorney
fees and court costs, arising out of, resulting from or in any way
relating to either directly or indirectly:
(1)
The performance of the work;
(2)
Any and all claims made by said police personnel for
injuries and/or illnesses while performing the off-duty employment;
(3)
The breach by contractor of any of the terms and conditions
of the agreement;
(4)
The negligent or intentional acts or omissions of
the police, and/or the contractor, its employees, agents, and/or subcontractors;
(5)
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 of, the performance
of, or failure to properly perform the work;
(6)
Any liability based upon contractor's negligence imputed
to the Borough of Gibbsboro;
(7)
Damage to property of contractor, the Borough of Gibbsboro
or any other person or entity arising out of, incident to, or in connection
with the performance of the work;
(8)
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
(9)
Any other cause of action which may be brought against
the Borough of Gibbsboro arising out of or in any way relating to
the work and contractor's obligations hereunder.
B.
This indemnification and hold harmless agreement shall
apply in all instances whether the Borough of Gibbsboro 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.
