[Adopted 12-12-1992 by Ord. No. 92-25]
Police officers employed by the Borough of Berlin
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 definitions
shall have the meanings indicated:
The person, corporation or other legal entity employing a
Berlin Borough police officer to provide off-duty police-related services.
Any employment by a Berlin Borough 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 Berlin
Borough police officers shall make said request through the Berlin
Borough Police Department, to the attention of the Chief of Police.
The request must be in writing and must 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 Berlin
as shall be determined by the Chief of Police.
Berlin Borough police officers performing off-duty
police-related services for private contractors shall be in full police
uniform while said services are being provided. However, Berlin Borough
police vehicles shall not be used by police officers during the performance
of off-duty police-related services unless specifically authorized
by the governing body.
The governing body of Berlin Borough shall adopt
a resolution authorizing said off-duty employment, which may be amended
from time to time, and authorizing the Borough Administrator 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.
[Amended 8-20-2007 by Ord. No. 2007-11]
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 Berlin 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 Berlin 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. The contractor shall forward all sums due for off-duty police services to the Chief of Police of Berlin and all checks shall be payable to the “Borough of Berlin.” The Chief of Police shall verify the accuracy of all payments before forwarding said sums to the Borough Treasurer. A separate dedicated bi-writer trust fund shall be established by the Borough of Berlin, and all funds collected and disbursed relating to off-duty employment shall be made through said account.
B.
Contractors, other government agencies (other than Camden County),
or other business or civic instrumentalities requiring extra police
services resulting in the hiring of Borough police officers for off-duty
employment shall be charged pursuant to the following schedule:
[Amended 4-12-2018 by Ord. No. 2018-06; 9-9-2021 by Ord. No. 2021-13]
(1)
Traffic Control (defined as outdoor activity): $85 per hour per police
officer, $15 per patrol car per hour plus a $15 per hour administrative
fee.
(2)
Security duties (defined as indoor activity): $85 per hour per police officer, plus a $15 per hour administrative fee. Berlin Borough police vehicles shall not be used by police officers during the performance of security duties unless specifically authorized by the governing body per § 52-17.
(3)
County traffic duties (defined as work requested by or through the County of Camden): $67.03 per hour per police officer, paid out of the current maximum county reimbursement, the balance of the funds to be paid toward patrol car usage fees and administrative fees. Any and all future county increases shall be paid to the police officer until such time when the County rate of pay per hour should exceed the per hourly rate in § 52-19B(1) above, the balance of which shall be retained by the Borough for administrative fees and patrol car usage fees.
C.
The contractor shall submit payment to the Borough
of Berlin 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 the agreement between the Borough and contractor shall be deemed
terminated. In the event this contract is terminated, the contractor
shall forfeit all sums paid in advance, and the Borough of Berlin
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.
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 § 52-18, the contractor shall provide the Borough with appropriate insurance binders insuring that the police officer and Borough of Berlin 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, the contractor
shall indemnify, defend and hold harmless the Borough of Berlin, 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 the contractor's negligence
imputed to the Borough of Berlin;
(7)
Damage to property of the contractor, the Borough
of Berlin 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 Berlin 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 Berlin 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.
