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HomeMy WebLinkAboutR-2024-174 Resolution authorizing a contract with Central Washington Fair Association for police servicesA RESOLUTION RESOLUTION NO. R-2024-174 authorizing the City Manager of the City of Yakima to execute an agreement Between the City of Yakima and the Central Washington Fair Association ("CWFA") to staff police officers at the fairgrounds during the Central Washington Fair. WHEREAS, the Central Washington Fair is a community event that is a destination 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 property is fenced from the public creating potential delays to the ingress of law enforcement during times of emergencies; and WHEREAS, positioning law enforcement within the secured area allows for quicker deployment of resources during 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 $20,000 US Dollars. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to sign the attached and incorporated Interagency Agreement between the City of Yakima and the U.S. Department of Defense. ADOPTED BY THE CITY COUNCIL this 17111 day of September, 2024. Patricia =yer., Mayor ATTEST: 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 C2 ofc--2024, 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. 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. Personnel can take scheduled breaks b. Bring subjects detained or in custody for processing c. Bathroom facilities 1 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 main entrance/exit for police personnel. b. There shall be enough parking to accommodate officer shift changes. e. CWFA shall provide additional space within the park for a mobile command center if additional radio communication equipment is needed. f. With the approval of CWFA, the City of Yakima may need to mount antennas or repeaters as necessary to improve radio communications. g. 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. h. CWFA agrees to authorize Yakima Police Officers the authority to trespass individuals who have committed a crime or reasonable suspicions exists they were about to commit a crime in violation City or State statute(s). i. 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. j. 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 trespass 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 e. Length of trespass. f. Name/DOB/Contact info of authorized CWFA employee. 2 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 to be spread throughout fair's hours of operation. See Hours of Staffing Provided. d. YPD staff assigned to the fair shall remain on fair grounds for the duration of their shift unless a greater threat to life exists elsewhere. e. All 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 c. Officers will traverse the property g. The City may also provide an on -site mobile command vehicle. h. The City will provide additional non-YPD staffing if requested by the CWFA and if said staff is available. i. The City will provide invoices to CWFA in a timely manner. 3. Term. The initial term of this Agreement is during Fair Week; September 20th 2024 through September 29th, 2024. With the 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. 4. Compensation. See Appendix A 5. Payment Timing. CWFA shall make payment to City no later than thirty (30) days after an invoice is received. Invoices will be prepared and sent monthly during the term of the Agreement. Upon termination of the Agreement, the City will provide a final invoice, which shall be paid within thirty (30) days of the date of the invoice. 3 6. Hours of Staffing Provided: It is currently anticipated that 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 1100 — 0000 Day 2 Saturday 1100 — 0000 Day 3 Sunday 1100 — 2300 Day 4 Monday 1100 — 0000 Day 5 Tuesday 1100 — 2300 Day 6 Wednesday 1100 — 2300 Day 7 Thursday 1100 — 2300 Day 8 Friday 1100 — 0000 Day 9 Saturday 1100 — 0000 Day 10 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 (Appendix B). 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, CMS Security Manager 509-480-0437 Grounds/Facility Access Tony Huff, Operations Manager 509-930-0114 4 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 Chief Shawn Boyle Interim Police Chief 200 S 3rd Street Yakima, WA 98901 Phone: (509) 728-4541 Captain Jay Seely Patrol Division Commander 200 S 3rd Street Yakima, WA 98901 (509) 728-3478 Central Washington Fair Association Kathy Kramer President & Chief Executive Officer 1301 S Fair Avenue Yakima, WA 98901 Phone: (509) 248-7160 ext. 200 10. Acquisition of Property and Assets. The parties do not intend to jointly acquire or manage any property. Acquisition of property by either party shall be in accordance with the laws and procedures applicable to such party. 11. Records and Reports. Documents generated by City of Yakima pursuant to the services provided under this Agreement shall be delivered by City of Yakima to the Yakima Health CWFA if requested, and vice versa. All such documents and reports shall be subject to disclosure pursuant to the Public Records Act, Chapter 42.56 RCW, as applicable. Records and reports documenting services rendered and billings based thereon, or other communications regarding this Agreement, shall be made available to the Yakima Health CWFA or the City of Yakima for inspection and copying, as appropriate, during regular business hours of the entity holding the records. 12. Waiver and Amendments. Waiver of any breach or any term or condition of this Agreement shall not waive any prior or subsequent breach. No term or condition is waived, modified or deleted except by an instrument in writing signed by both parties. 13. 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. 5 14. 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. Upon termination, the City shall provide a final billing to the CWFA within fourteen (14) days, which should be promptly paid. Termination of this Agreement shall not terminate the hold harmless provisions set forth in Section 11 below, which provisions shall remain in full force and effect. 15. Hold Harmless and Indemnification. 13.1 City shall protect, defend, exonerate, and indemnify and hold harmless the Yakima Health CWFA, its elected and appointed officials, 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 of any kind or nature whatsoever, including, but not limited to, attorneys' fees, disbursements and court costs, resulting from death, personal harm or bodily injury to any person or damage or destruction to the Yakima Health CWFA, or any third party or third parties to the extent caused by any intentional and/or negligent act and/or omission of the City, its elected and appointed officials, agents, officers, and employees and/or subcontractors, arising out of this Agreement. 13.2 CWFA shall protect, defend, exonerate, and indemnify and hold harmless the City of Yakima, its elected and appointed officials, 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 of any kind or nature whatsoever, including, but not limited to, attorneys' fees, disbursements and court costs, resulting from death, personal harm or bodily injury to any person or damage or destruction to the City of Yakima, or any third party or third parties to the extent caused by any intentional and/or negligent act and/or omission of the Yakima Health CWFA, its elected and appointed officials, agents, officers, and employees and/or subcontractors, arising out of this 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 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. 6 18. No Public Official Liability. No provision of this Agreement nor any authority granted by this Agreement is intended to create or result in any personal liability for any public official or agent of a party, nor is any provision of this Agreement to be construed to create any such liability. 19. Assignment. The obligations in this Agreement are not subject to assignment. 20. 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. 21. 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 party's behalf, except as expressly stated herein. 22. Survival. Any provision of this Agreement which imposes an obligation after termination or expiration of this Agreement shall survive the term or expiration of this Agreement and shall be binding on the parties to this Agreement. WHEREFORE, this Agreement is executed and effective upon the date signed by the last party to sign below: CITY OF Y = IMA ctoria Baker, Ci Manager CCTV Co^,TRACT NO U MOP: NO ATTEST: Rosalinda Ibarra, City Clerk 7 CENTRAL WASHINGTON FAIR ASSOCIATION Ka:1y'Krame (AL.g 28, 2024 16:42 PDT Kathy Kramer, President & Chief Executive Officer APPENDIX A COMPENSATION In accordance with Section 2, sub -section 4, the Central Washington Fair Association will reimburse the City of Yakima up to $20,000 USD for overtime paid to officers to fulfill the services of this contract. The CWFA will not be responsible for the reimbursement of wages for officers that are not assigned to the fairgrounds, but dispatched to the fairgrounds due to critical events or to transport in -custody subjects to/from jail. 9 APPENDIX B YAKIMA POLICE DEPARTMENT WATCH COMMANDER SCHEDULE Day Watch Commander Contact Phone Number September 20 Lt. Ira Cavin 509.728.6895 September 21 Lt. Ira Cavin 509.728.6895 September 22 Lt. Ira Cavin 509.728.6895 September 23 Lt. Chad Janis 509.728.4301 September 24 Lt. Chad Janis 509.728.4301 September 25 Lt. Chad Janis 509.728.4301 September 26 Lt. Chad Janis 509.728.4301 September 27 Lt. Chad Janis 509.728.4301 September 28 Lt. Chad Janis 509.728.4301 September 29 Lt. Chad Janis 509.728.4301 10 2024 Fair -Final Final Audit Report 2024-08-28 Created: 2024-08-28 By: Tory Adams (tory.adams@yakimawa.gov) Status: Signed Transaction ID: CBJCHBCAABAAPDNivwpuTk40jEzDzcLADFbK-xHCp3Y0 "2024 Fair -Final" History Document created by Tory Adams (tory.adams@yakimawa.gov) 2024-08-28 - 10:44:43 PM GMT Document emailed to kathyk@fairfun.com for signature 2024-08-28 - 10:45.24 PM GMT ¶`' Email viewed by kathyk@fairfun.com 2024-08-28 - 11.39.54 PM GMT ,, Signer kathyk@fairfun.com entered name at signing as Kathy Kramer 2024-08-28 - 11:42.30 PM GMT Kathy Kramer (kathyk@fairfun.com) has reviewed and explicitly agreed to the terms of use and to do business electronically with City Of Yakima 2024-08-28 - 11:42:32 PM GMT :, Document e-signed by Kathy Kramer (kathyk@fairfun.com) Signature Date: 2024-08-28 - 11:42.32 PM GMT - Time Source: server 0 Agreement completed. 2024-08-28 - 11:42:32 PM GMT Dowered by Adobe Acrobat Sign BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 9.C. For Meeting of: September 17, 2024 ITEM TITLE: Resolution authorizing a contract with Central Washington Fair Association for police services SUBMITTED BY: *Interim Chief of Police Shawn Boyle, Yakima Police Department SUMMARY EXPLANATION: Contract with the Yakima Police Department to supplement police officers and services to adequately staff the duration of the Central Washington Fair 2024. ITEM BUDGETED: Yes STRATEGIC PRIORITY 24-25: A Safe and Healthy Yakima RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Resolution_CWFA 2024 Fair - CWFA - Signed.pdf 278