Police officers may work for outside private contractors and
entities on their off-duty hours with the approval of and provided
the Chief of Police determines, in his discretion, that there are
sufficient police personnel available, that the outside employment
assignment will not interfere with the needs of the City, and that
sufficient funds have been deposited in advance in an escrow account
with the City's Chief Financial Officer to cover the anticipated costs
of such off-duty assignments. The City's Chief Financial Officer shall
remit invoices to all outside private contractors and entities upon
notification from the Police Chief on all outside employment.
Whenever a contractor or outside entity contracts with the Atlantic
City Police Department for the services of a police officer during
his or her off-duty hours to engage in police-related activities,
that outside entity must comply with the following:
A. The employer shall hold the municipality harmless from any and all
claims that may arise as the result of activities or actions of the
police officers hired by the employer, which arise during the course
of employment. The employer shall provide the municipality, prior
to utilization of the municipality's police officers, with a certificate
of insurance from an insurance company acceptable to the municipality
evidencing not less than a minimum of $1,000,000 in comprehensive
general liability (including personal injury with exclusion of A &
C deleted), but not less than the employer covers, and $300,000 in
property damage, as well as a hold harmless agreement inuring to the
benefit of the municipality and shall maintain said coverage at all
times that a police officer of the municipality is employed by the
employer. Such indemnity agreement shall be in a form acceptable to
the City Solicitor.
B. Indemnity shall cover any claim or amount arising out of or recovered
under workers' compensation law. In consideration of hiring off-duty
officers, the outside entity agrees to waive all rights of subrogation
against the City of Atlantic City, its officers, officials, agents
and employees for losses arising from the work performed by the off-duty
police officer.
In the event a contractor determines not to use off-duty police
officers, the contractor must provide for its own traffic control
personnel and signage. If the Chief of Police determines that the
contractor must utilize off-duty police officers for documented safety
purposes, he will notify the contractor, in writing, and will notify
the Business Administrator and Chief Financial Officer. In no event
does this provision preclude the Chief of Police from using on-duty
police officers, at any time, to perform these functions.