[Adopted 6-5-2003 by Ord. No. 2002-09]
A.
Police officers employed by the Borough of Clementon
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.
B.
All off-duty police-related services performed by
a Clementon police officer shall be in his/her official capacity as
an employee of the Borough of Clementon Police Department and shall
be subject to the control and supervision of the Police Department.
C.
Clementon police officers are prohibited from engaging
in any employment for police-related services with any private person,
corporation or other entity except in the manner set forth in this
article.
As used in this article, the following terms
shall have the meanings indicated:
The person, corporation or other legal entity employing a
Clementon police officer to provide off-duty police-related services.
Any employment by a Clementon 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.
Contractors seeking to employ off-duty Clementon
police officers shall make said request through the Clementon Police
Department, to the attention of the Chief of Police. The request shall
be in writing, except in case of emergency, and shall include the
specific nature of the services desired.
The Borough Police Department 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 20 hours per week, during a regularly
scheduled work week, 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 Clementon
as shall be determined by the Chief of Police.
Clementon police officers performing off-duty
police-related services for private contractors shall be in full police
uniform while said services are being provided. However, Clementon
police vehicles shall not be used by police officers during the performance
of off-duty police-related services unless specifically authorized
by the Chief of Police.
The Mayor and Borough Clerk are hereby authorized
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 article or any
law or regulation of the State of New Jersey.
A.
Payment for police services shall be made in advance of the performance of said services based on estimates of the work to be performed as determined by the Chief of Police. In the event the initial amount deposited is insufficient, the Chief of Police shall require additional advance payments. The hourly rate to be charged by the Borough of Clementon is set forth in Subsection B below which includes 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 Clementon 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. Contractor shall forward all sums due for off-duty police services to the Chief of Police of Clementon and all checks shall be payable to the Borough of Clementon. The Chief of Police shall verify the accuracy of all payments before forwarding said sums to the Borough Treasurer. A separate dedicated by rider trust fund shall be established by the Borough of Clementon, and all funds collected and disbursed relating to off-duty employment shall be made through said account.
B.
Contractors hiring Borough police officers for off-duty
employment shall be charged pursuant to the following schedule:
[Amended 4-22-2003 by Ord. No. 2003-05; 7-13-2004 by Ord. No. 2004-07; 5-13-2008 by Ord. No. 2008-12; 3-4-2014 by Ord. No. 2014-02]
(1)
Traffic control: $75 per hour per full-time police officer plus an
administrative fee of $5 per hour and a vehicle fee of $10 per hour.
(2)
Other police services: $75 per hour per full-time police officer
plus an administrative fee of $5 per hour and a vehicle fee of $10
per hour.
(3)
Part-time seasonal officers: $15 per hour.
C.
Contractor shall submit payment to Clementon within
five business days of receipt of said invoice. Failure of the contractor
to make payment within said five days shall result in the immediate
cessation of the police services 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 Clementon
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.
A.
Full-time police officers performing off-duty police-related services for private contractors shall be paid for said services by the Borough of Clementon at the rate set forth at § 51-32B.
[Amended 4-22-2003 by Ord. No. 2003-05]
B.
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 or his designee.
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 § 51-31, the contractor shall provide the Borough with appropriate insurance binders insuring that the police officer and Borough of Clementon 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 Clementon,
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 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 Clementon;
(7)
Damage to property of contractor, the Borough of Clementon
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 Clementon 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 Clementon 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.
