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HomeMy WebLinkAbout03/17/2026 07.L. Resolution - interlocal agmt with Yakima County_K-9 vehicle use rS 'V ii .....ii. i ..:,1 .:./ ,,'^gin.;,, ,. 1a`` BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7.L. For Meeting of: March 17, 2026 ITEM TITLE: Resolution authorizing an Interlocal Agreement with Yakima County for use of a K-9 vehicle SUBMITTED BY: *Shawn Boyle, Chief of Police Ira Cavin, Police Lieutenant SUMMARY EXPLANATION: Resolution authorizing an Interlocal Agreement with Yakima County for use of their K-9 vehicle while retrofit of City vehicle for the K-9 Unit is completed. There is no cost associated with this agreement. ITEM BUDGETED: N/A STRATEGIC PRIORITY 24-25: A Safe and Healthy Yakima RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Resolution Approving Interlocal Agreement with Yakima County for Use of K-9 Vehicle.docx k.9.car.interlocal (002).pdf 82 RESOLUTION NO. R-2026- A RESOLUTION authorizing an Interlocal Agreement with Yakima County, Washington through the Yakima County Sheriff's Office, for the use of K-9 vehicle during anticipated time allotted for retrofit of City vehicle for K-9 unit use. WHEREAS, the City and County both have K-9 handlers and teams who conduct law enforcement related activities in both the City and County; and WHEREAS, the City and County cooperate in law enforcement, including the use of K-9 units; and, WHEREAS, the City is onboarding a new K-9 unit which will be used for law enforcement in the City and with partners as available, but the K-9 vehicle has not yet been retrofitted for the K-9; and WHEREAS, the County has an extra K-9 vehicle it is not currently using that it will allow the City to use until the City's vehicle can be retrofitted, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute an Interlocal Agreement with Yakima County, attached hereto and incorporated herein by this reference to provide for the use of K-9 vehicle as described in the Agreement. ADOPTED BY THE CITY COUNCIL this 17th day of March, 2026. Matt Brown, Mayor ATTEST: Rosalinda Ibarra, CMC, City Clerk 1 83 INTERLOCAL AGREEMENT BETWEEN THE CITY OF YAKIMA AND YAKIMA COUNTY FOR USE OF A K-9 VEHICLE THIS AGREEMENT is entered into between the City of Yakima (hereinafter the "City"), whose address is 129 North 2nd Street, Yakima, Washington, 98901, and Yakima County, Washington (hereinafter the "County") through the Yakima County Sheriff's Office, whose address is 1822 South 1st Street, Yakima, Washington, 98903, pursuant to RCW 39.34. WHEREAS, the City and County both have K-9 handlers and teams who conduct law enforcement related activities in both the City and County; and WHEREAS, the City and County cooperate in law enforcement, including the use of K-9 units; and WHEREAS, the City is onboarding a new K-9 unit which will be used for law enforcement in the City and with partners as available, but the K-9 vehicle has not yet been retrofitted for the K-9; and WHEREAS, the County has an extra K-9 vehicle it is not currently using that it will allow the City to use until the City's vehicle can be retrofitted; NOW, THEREFORE, IT IS HEREBY AGREED as follows: 1. Purpose. The purpose of this Agreement is to outline the terms and conditions under which the County will agree to allow the City to use a K-9 unit vehicle while the City's K-9 unit vehicle is being retrofitted. 2. Duration of Agreement. This Agreement shall become effective on the date of signing by both parties, and shall continue until September 30, 2026, unless the City's K-9 unit vehicle is retrofitted prior to that date, or terminated by either party in accordance with this Agreement. If the retrofitting of the vehicle has not been completed as of September 30, 2026, the City may notify the County and this Agreement shall continue for an additional six (6) month period. 3. Obligations of the Parties. a. The County will: 1. Provide a K-9 unit vehicle that meets all the requirements for a K-9 in good working condition, fully serviced and inspected prior to exchange. 2. Be responsible for non-routine maintenance and repairs not caused by the City's negligence or damage caused by a third party. b. The City will: 1. Have the opportunity to inspect the vehicle before taking possession and have the right to request maintenance be done prior to taking possession. 2. Be responsible for routine maintenance of the vehicle during this Agreement. 84 3. Return the vehicle to the County in the same condition as it was delivered, regular wear and tear and mileage excepted. If damage occurs during the course of the use of the vehicle that was not caused, in whole or in part by the County, the City is responsible for repairing said damage prior to return of the vehicle. 4. Indemnification. a. The City agrees to release, indemnify, defend and hold harmless the County, its elected and appointed officials, officers, employees, agents, representatives, insurers, 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 the use of the K-9 unit vehicle owned by the County, or the acts, failures to act, errors or omissions of the City, or any of the City's agents or subcontractors with regards to the use of the K-9 unit vehicle owned by the County, except for claims caused by the County's negligence. b. The County agrees to release, indemnify, defend and hold harmless the City, its elected and appointed officials, officers, employees, agents, representatives, insurers, 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 the use of the K-9 unit vehicle owned by the County, or the acts, failures to act, errors or omissions of the County, or any of the County's agents or subcontractors with regards to the use of the K-9 unit vehicle owned by the County, except for claims caused by the City's negligence. 5. Administration. This Agreement shall be administered by the Yakima Police Department and the Yakima County Sheriff's Office. 6. No Third-Party Rights. This Agreement is entered into for the sole benefit of the City and the County. It shall confer no benefits or rights, direct or indirect, on any third parties. No person or entity other than the City and the County may rely upon or enforce any provision of this Agreement. 7. Integration. This Agreement contains all of the terms and conditions agreed on by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement, are deemed to exist or to bind either of the parties. 8. Modification. The parties may modify this Agreement but no proposed changes or modifications shall have validity or become binding on either party unless such changes or modifications are in writing and executed by both parties. 9. Nondiscrimination. The parties agree that they shall not discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, sexual orientation, age, marital status, political affiliation or belief, or the presence of any sensory, mental or physical handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act (42 U.S.C. 12010 et. seq.) or any other applicable state, federal or local law, rule or regulation. 10. Termination. The parties may terminate this Agreement, with or without cause, by written notice from either party to the other party thirty (30) days in advance of the termination. 85 11. Notices. Unless otherwise stated herein, or if one party updates its information in writing to the other party and delivers said update via certified mail or personal delivery, all notices and demands are required in written form and sent to the parties at their addresses as follows: TO: CITY OF YAKIMA Vicki Baker, City Manager 129 North Second Street Yakima, WA 98901 COPY TO: YAKIMA POLICE DEPARTMENT Shawn Boyle, Police Chief 200 South Third Street Yakima, WA 98901 TO: YAKIMA COUNTY Robert Udell, Yakima County Sheriff 1822 South First Street Yakima, WA 98901 12. Severability. a. If a court of competent jurisdiction holds any part, term or provision of this Agreement illegal or invalid, in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the Agreement did not contain the particular provision held invalid. b. If any provision of this Agreement is in direct conflict with any statutory provision of the State of Washington, that provisions which may conflict shall be deemed inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision. 13. Waiver. The waiver by either party of any term or condition of this Agreement shall not operate in any way as a waiver of any other condition, obligation or term, or prevent either party from enforcing such provision. 14. Survival. Any provision of this Agreement which imposes an obligation after expiration or termination of this Agreement shall survive the expiration or termination and shall bind the parties. 15. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Venue shall lie in a court of competent jurisdiction in Yakima County. 16. Compliance with Law. All parties to this Agreement shall comply with all applicable federal, state and local laws, rules and regulations in carrying out the terms and conditions of this Agreement. 17. Filing. Copies of this Agreement shall be filed with the Yakima County Auditor and the City Clerk of Yakima pursuant to RCW 39.34.040. 86 CITY OF YAKIMA BOARD OF COUNTY COMMISSIONERS Victoria Baker, City Manager Amanda McKinney, Chair ATTEST: Rosalinda Ibarra, City Clerk Kyle Curtis, Commissioner LaDon Linde, Commissioner DATED: Attest: Julie Lawrence, Clerk of the Board or Erin Franklin, Deputy Clerk of the Board Approved as to Form: Deputy Prosecuting Attorney 87