Loading...
HomeMy WebLinkAbout09/02/2025 09.B. Resolution authorizing an agreement with Central Washington Fair Association for police services r `y s ljlt ii! s . BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 9.B. For Meeting of: September 2, 2025 ITEM TITLE: Resolution authorizing an agreement with Central Washington Fair Association for police services (General Fund Revenue) SUBMITTED BY: Shawn Boyle, Yakima Chief of Police *Tory Adams, Yakima Police Lieutenant SUMMARY EXPLANATION: A Resolution authorizing an agreement between the Central Washington Fair Assocation (CWFA) and the City of Yakima to supplement police officers and services to adequately staff the duration of the Central Washington State Fair 2025. ITEM BUDGETED: Yes STRATEGIC PRIORITY 24-25: A Safe and Healthy Yakima RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Resolution_Central Washington State Fair Police Staffing Contract Yakima PD and CWFA 199 RESOLUTION NO. R-2025- A RESOLUTION authorizing an agreement with Central Washington Fair Association (CWFA) to staff police officers at the fairgrounds during the Central Washington State Fair. WHEREAS, the Central Washington State Fair is a community event that is destined for tourism and commerce from surrounding areas; and WHEREAS, there will be a high density of people in a relatively small geographical area; and, WHEREAS, the surrounding fairgrounds and property is fenced from the public creating potential delays to the ingress of law enforcement during the times of emergencies; and WHEREAS, law enforcement officers, in uniform, provide a sense of safety to the community and a deterrence to crime and unruliness; and WHEREAS, the City of Yakima Police Department cannot completely staff the event without its personnel accruing overtime; and, WHEREAS, the CWFA has agreed to reimburse the City of Yakima for the overtime accrued up to $22,500; and, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute an agreement with Central Washington Fair Association, attached hereto and incorporated herein by this reference, not to exceed Twenty Thousand Five Hundred Dollars ($22,500) to provide the Professional Services as described in the Agreement. ADOPTED BY THE CITY COUNCIL this 2nd, day of September, 2025. Patricia Byers, Mayor ATTEST: Rosalinda Ibarra, City Clerk 1 200 AGREEMENT BETWEEN CITY OF YAKIMA AND THE CENTRAL WASHINGTON FAIR ASSOCIATION RE: POLICE STAFFING AT THE CENTRAL WASHINGTON FAIR THIS AGREEMENT is made and entered into this of August 2025, by and between the City of Yakima and the Central Washington Fair Association for Yakima Police Department(YPD) and other City of Yakima staffing as required by this agreement. I. PREAMBLE A. CITY OF YAKIMA is a municipal corporation of the State of Washington, with City Hall located at 129 North 2nd Street, Yakima, Washington 98901 (hereinafter referred to as "City"). B. CENTRAL WASHINGTON FAIR ASSOCIATION is a non-profit organization registered with the State of Washington, with its offices located at 1301 S Fair Avenue, Yakima, Washington 98901 (hereinafter referred to as "CWFA"). C. CWFA manages and controls property within the city limit of the City and organizes and sponsors the Central Washington State Fair on the property. D. CWFA wishes to maintain safety and security for community members, visitors, vendors and employees. E. The CWFA attracts a higher number of people in relatively small geographical location creating the need for additional security and safety. F. The City is able to provide general authority Washington peace officers to maintain security, safety and order and the CWFA agrees to pay the City for such support under the terms and conditions of this Agreement. II. AGREEMENT 1. Services Provided by CWFA a. CWFA will provide the City, specifically members of the Yakima Police Department and, support staff when necessary, access to a room or rooms large enough for the following activities: a. Scheduled rest and meal breaks. b. Bring subjects detained or in custody for processing. 1 201 c. Bathroom facilities. b. Each room should have seating and tables made available suitable for the above described activities. c. CWFA shall permit City staff to install a secure network connection to allow police personnel to access secure database per Criminal Justice Information Services (CJIS) requirements. a. This connection may be accomplished by a virtual private network over an existing network at the location. d. CWFA shall provide priority parking for all marked and unmarked emergency equipment. a. Parking shall be made reasonably close to the entrance/exit for police personnel. b. There shall be enough parking to accommodate officer shift changes. e. CWFA shall provide additional space within the parking lot or within the state fairgrounds, whichever is requested by the City, for a mobile command center if additional radio communication equipment is necessary. f. With the approval of CWFA, the City of Yakima may mount antennas or repeaters as necessary to improve radio communications. g. CWFA shall provide space and access to power for no more than four mobile video stations, herein described as portable trailers equipped with video cameras capable of providing live video feeds over a closed network. h. CWFA will provide a point of contact for officers working on grounds. A radio or phone number that can connect to that person will be provided to YPD supervisors. i. CWFA agrees to authorize Yakima Police Officers the authority to trespass individuals who have committed a violation of a criminal City ordinance or State statute. j. CWFA recognizes that the Yakima Police Department does not have the authority to trespass people who have only violated a policy of the park unless such policy is also a violation of City or State law, or unless CWFA has already trespassed such persons in accordance with II(1)(k). k. CWFA may designate its employees or employees with whom they contract outside of law enforcement with the authority to trespass individuals who have violated park policy. People previously trespassed by CWFA who return are subject to arrest by YPD providing the original trespass was documented with the following: a. The person's name b. Their date of birth c. Date of the offense/policy violation d. Reason for trespass 2 202 e. Length of trespass. f. Name/DOB/Contact info of authorized CWFA employee. 2. City Services a. The City shall provide a schedule/roster of personnel for the duration of the fair. The roster shall be updated as changes are needed and will be provided to the CWFA delegate. b. The City shall assign one (1) command officer to oversee all other YPD personnel each day of the fair. c. The City shall provide officers in shifts during the hours. See Hours of Staffing Provided. d. YPD staff assigned to the fair shall remain on fairgrounds for the duration of their shift unless a greater threat to life exists elsewhere, the determination of which is at the sole discretion of the City. e. All on-duty police staff will be in department uniform. f. Police staff will provide safety and security in the following ways: a. Marked patrol vehicles for a visual deterrence; b. Uniformed officers for a visual deterrence; and c. Officers will traverse the property. g. The City, at its sole discretion, may also provide an on-site mobile command vehicle. h. The City, at its sole discretion, may deploy mobile camera stations on CWFA property to provide live video feeds in an effort to increase the safety and tranquility of the space. i. The City will provide additional non-YPD staffing if requested by the CWFA and if said staff are available. j. The City will provide invoices to CWFA in a timely manner. 3. Term The initial term of this Agreement is during Fair Week; September 19th, 2025, through September 28th, 2025. With the written approval from both parties, this Agreement can be extended into the following year with the anticipation that"Fair Week" is 10 consecutive days that begins in late September as determined by CWFA. Any extension will require a review of the compensation section of the Agreement. 4. Compensation The CWFA shall pay to the City of Yakima Twenty-Two Thousand Five Hundred and 00/100ths Dollars ($22,500.00) for the services provided in this Agreement. 3 203 5. Payment Timing CWFA shall pay the amount listed in Section 4 on or before September 15, 2025. If payments is not made, this Agreement shall terminate. 6. Hours of Staffing Provided: The hours of operation for Fair Week requiring the presence of Yakima Police Officers will be as follows: Fair Week Day of the Week Hours of Staffing Day 1 Friday A 1100 —0000 Day 2 Saturday 1100 —0000 Day 3 Sunday 1100—2300 Day 4 Monday 1400 — 0000 Day 5 Tuesday 1400 —2300 Day 6 Wednesday 1400 —2300 Day 7 Thursday 1400 —2300 _ Day 8 Friday 1400 —0000 Day 9 Saturday _ _ 1100—0000 Day 10 1 Sunday 1100 — 2100 In the event the hours of operation change, the CWFA will give the City at least three (3) business days' notice. 7. City of Yakima Contacts Contacts for the purposes of scheduling, on-site issues, and coordination refer to the watch commanders on-call schedule Lieutenant Ira Cavin Lieutenant Jim Moore 509.728.3393 509.728.6320 8. Central Washington Fair Association Contacts Contacts for the purposes of on-site authority, coordination, security and facility/grounds access: On-Site Authority Kathy Kramer, President and CEO, 602-930-1240 Security Joe Wilson, Operations Manager, 509-480-0437 Grounds/Facility Access Tony Huff, Operations Manager, 509-930-0114 4 204 9. Administration. This Agreement shall be jointly administered by the City of Yakima and the Central Washington Fair Association, or their respective designees. The contact information for each party shall be as set forth below, or as otherwise provided in writing to the other party: City of Yakima Central Washington Fair Association Chief Shawn Boyle Kathy Kramer Police Chief President & Chief Executive Officer 200 S 3rd Street 1301 S Fair Avenue Yakima, WA 98901 Yakima, WA 98901 Phone: (509) 728-4541 Phone: (509) 248-7160 ext. 200 Captain Chad Janis Patrol Division Commander 200 S 3rd Street Yakima, WA 98901 Phone: (509) 728-3478 10. Inspection and Production of Records a. The records relating to this Agreement shall, at all times, be subject to inspection by and with the approval of the City, but the making of(or failure or delay in making) such inspection or approval shall not relieve CWFA of responsibility for performance in accordance with this Agreement, notwithstanding the City's knowledge of defective or non-complying performance, its substantiality or the ease of its discovery. CWFA shall provide the City sufficient, safe, and proper facilities, and/or send copies of the requested documents to the City. CWFA's records relating to this Agreement will be provided to the City upon the City's request. b. CWFA shall promptly furnish the City with such information and records which are related to this Agreement as may be requested by the City. Until the expiration of six (6) years after final payment of the compensation payable under this Agreement, or for a longer period if required by law or by the Washington Secretary of State's record retention schedule, CWFA shall retain and provide the City access to (and the City shall have the right to examine, audit and copy) all of CWFA's books, documents, papers and records which are related to this Agreement. If any litigation, claim, or audit is started before the expiration of the six-year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. 5 205 c. All records relating to CWFA's obligations this Agreement must be made available to the City, and the records relating to those obligations are City of Yakima records. They must be produced to third parties, if required pursuant to the Washington State Public Records Act, Chapter 42.56 RCW, or by law. All records relating to CWFA's obligations under this Agreement must be retained by CWFA for the minimum period of time required pursuant to the Washington Secretary of State's records retention schedule. d. The terms of this section shall survive any expiration or termination of this Agreement. 11. Waiver and Amendments Waiver of any breach or any term or condition of this Agreement shall not constitute a waiver of any prior or subsequent breach. No term or condition is waived, modified or deleted except by an instrument in writing signed by both parties. 12. Entire Agreement and Modifications This Agreement sets forth the entire agreement of the parties with respect to the subject matter herein. The parties may supplement the Agreement by addenda or amendments, when agreed upon by both parties in writing. The parties shall attach copies of such addenda and amendments and by reference incorporate them herein. 13. Early Termination of Agreement —Effect of Termination This Agreement may be terminated by either party upon five (5) days advance written notice delivered to the other party. Termination does not alter the requirement for reimbursement for services provided prior to the effective date of termination or during the five(5) day period between notice and the effective date of termination. Upon termination, the City shall provide a final billing to the CWFA within fourteen (14) days, if necessary, which should be promptly paid. Termination of this Agreement shall not terminate the hold harmless provisions set forth in Section 15 below, which provisions shall remain in full force and effect. 14. Hold Harmless and Indemnification. 14.1 City agrees to release, defend, indemnify and hold harmless the CWFA, its directors, officers, members, volunteers and employees from and against any and all claims, demands, losses, liens, liabilities, penalties,fines, lawsuits and other proceedings, causes of action, and all judgments, awards, damages, costs and expenses relating to all claims, suits, arbitration actions, investigations, and regulatory or other governmental proceedings arising from or in connection with this Agreement, or the acts, failures to act, errors or omissions caused by CWFA's sole negligence. 14.2 CWFA agrees to release, indemnify, defend, and hold harmless the City, its elected and appointed officials, officers, employees, agents, representatives, insurers, 6 206 attorneys, and volunteers from all liabilities, losses, damages, and expenses related to all claims, suits, arbitration actions, investigations, and regulatory or other governmental proceedings arising from or in connection with this Agreement or the acts, failures to act, errors or omissions of CWFA, or any of CWFA's agents or subcontractors, in performance of this Agreement, except for claims caused by the City's sole negligence. 14.3 Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. 15 Liability Insurance 15.1 Before this Agreement is fully executed by the parties, CWFA shall provide the City with a certificate of insurance as proof of liability insurance with minimum liability limits of Two Million Dollars ($2,000,000.00) per occurrence, combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) general aggregate. If CWFA carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials,employees, agents, attorneys and volunteers shall be named as additional insureds for such higher limits. The certificate and endorsement shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of the Agreement. The certificate of insurance and additional insured endorsements shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice. The requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by CWFA is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by CWFA under this contract. The business auto liability shall include Hired and Non-Owned coverage if necessary. 15.2 Automobile Liability Insurance Before this Agreement is fully executed by the parties, CWFA shall provide the City with a certificate of insurance as proof of automobile liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence. If CWFA carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be named as additional insureds for such higher limits. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. The certificate of insurance and additional insured endorsements shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice. The requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by CWFA is not intended to and shall not 7 207 in any manner limit or qualify the liabilities or obligations assumed by CWFA under this contract. The business auto liability shall include Hired and Non-Owned coverage if necessary. 15.3 Employer's Liability (Stop Gap) CWFA and all subcontractor(s) shall at all times comply with all applicable workers' compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable, and shall maintain Employer's Liability insurance with a limit of no less than $1,000,000.00. The City shall not be held responsible in any way for claims filed by CWFA or its employees for services performed under the terms of this Agreement. CWFA agrees to assume full liability for all claims arising from this Agreement including claims resulting from negligent acts of all subcontractor(s). CWFA is responsible to ensure subcontractor(s) have insurance as needed. Failure of subcontractors(s) to comply with insurance requirements does not limit CWFA's liability or responsibility. 15.4 Professional Liability CWFA shall provide evidence of Professional Liability insurance covering professional errors and omissions. CWFA shall provide the City with a certificate of insurance as proof of professional liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per claim combined single limit bodily injury and property damage, and Two Million Dollars($2,000,000.00) aggregate. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. If the policy is written on a claims made basis the coverage will continue in force for an additional two years after the completion of this Agreement. If insurance is on a claims made form, its retroactive date, and that of all subsequent renewals, shall be no later than the effective date of this Agreement. 15.5 CWFA's insurance coverage shall contain a waiver of subrogation, which must be reflected on the additional insured endorsement(s), and be primary insurance with respect to those who are Additional Insureds under this Agreement. Any insurance, self-insurance or insurance pool coverage maintained by the City shall be in excess of the CWFA's insurance and neither the City nor its insurance providers shall contribute to any settlements, defense costs, or other payments made by CWFA's insurance. 15.6 If at any time during the life of the Agreement, or any extension, CWFA fails to maintain the required insurance in full force and effect, all work under the Agreement shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the Agreement. 16. Severability If any term or provision of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be enforceable and effective to the fullest extent permitted by law. Further, the parties 8 208 shall negotiate in good faith regarding amendments to this Agreement that would effectuate the intent of any provision held invalid or not enforceable. 17. No Third-Party Beneficiary Nothing in this Agreement is intended to create any rights in any entity not a party to this Agreement nor is any person or entity not named a party herein a third-party beneficiary to this Agreement. 18. Assignment The obligations in this Agreement are not subject to assignment. 19. Dispute Resolution- Governing Law—Venue The parties shall jointly cooperate to resolve any disputes that arise hereunder. Any dispute shall first be considered by the administrative officials identified above. If such consideration does not resolve the dispute, the matter will be submitted to the chief executive officers of each party. If the matter remains unresolved, either party may seek appropriate relief in Yakima County Superior Court, which court shall be the venue for any action arising under this Agreement. This Agreement and all performance herein shall be construed in accordance with the laws of the State of Washington. Nothing in this section precludes the parties from agreeing on alternative dispute resolution if the dispute is unresolved after being submitted to the chief executive officers of each party 20. Complete Agreement This Agreement contains the complete formulation of the parties with respect to the subject matter of this Agreement. There are no representations, agreements, or understandings, oral or written, by the parties relating to the subject matter to this Agreement that are not fully expressed in this Agreement. Each party acknowledges and represents to the other party that it is executing this Agreement solely in reliance upon its own judgment and knowledge and that it is not executing this Agreement based upon the representation or covenant of any other party, or anyone acting on such other parry's behalf, except as expressly stated herein. 21. Survival Any provision of this Agreement which imposes an obligation after termination or expiration of this Agreement, such as the indemnification section, shall survive the term or expiration of this Agreement and shall be binding on the parties to this Agreement. 22. Authority The person executing this Agreement on behalf of CWFA represents and warrants that they have been fully authorized by CWFA to execute this Agreement on its behalf and to legally bind CWFA to all the terms, performances and provisions of this Agreement. WHEREFORE,this Agreement is executed and effective upon the date signed by the last party to sign below: CITY OF YAKIMA CENTRAL WASHINGTON FAIR ASSOCIATION 9 209 Victoria Baker, City ManagerKa rsidji\-- )ent & Chief ExecutiyeeOOffic ATTEST: Rosalinda Ibarra, City Clerk 10 210