HomeMy WebLinkAboutR-1997-064 Drug Detection DogRESOLUTION NO. R-97- 64
A RESOLUTION authorizing and directing the City Manager and the City
Clerk of the City of Yakima to execute an Agreement with the
City of Ellensburg, a Washington State municipal
corporation, for the purpose of utilizing its drug detection
dog and dog handler to assist the Yakima Police Department
with drug enforcement.
WHEREAS, the City of Yakima Police Department desires the ability to
utilize a drug detection dog and dog handler on a regular basis to assist with
drug enforcement; and
WHEREAS, the City of Ellensburg has a drug detection dog and a
qualified dog handler and is willing to permit the City of Yakima to utilize said
dog and handler on a regular basis in accordance with the terms and
conditions of the attached Agreement; and
WHEREAS, the City Council deems it to be in the best interest of the City
of Yakima to enter into an Agreement with the City of Ellensburg in accordance
with the terms and conditions of the attached Agreement, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and the City Clerk of the City of Yakima are hereby
authorized and directed to execute the attached and incorporated Agreement
with the City of Ellensburg, a Washington State municipal corporation, for the
purpose of utilizing its drug detection dog and dog handler to assist the Yakima
Police Department with drug enforcement.
ADOPTED BY THE CITY COUNCIL this6th day of Ma 1997.
ATTEST: `
City Clerk
akIre,ellen.burg/dog coniram/pm
Buchanan, Mayor
AGREEMENT
FOR USE OF DRUG DETECTION DOG
THIS AGREEMENT (hereinafter the "Agreement") is made and entered
into by and between the City of Yakima, a Washington State municipal
corporation (hereinafter the "City") and the City of Ellensburg, a Washington
State municipal corporation (hereinafter the "Contractor").
WHEREAS, the City of Yakima Police Department desires the ability to
utilize a drug detection dog and dog handler on a regular basis to assist with
drug enforcement.
WHEREAS, the Contractor has a drug detection dog and a qualified dog
handler and is willing to permit the City to utilize said dog and handler on a
regular basis in accordance with the terms and conditions of this Agreement.
NOW, THEREFORE, pursuant to RCW Chapter 39.34 and in
consideration of the mutual covenants, promises, and agreements set forth
herein, it is agreed by and between the City and the Contractor as follows:
1. Scope of Services. Contractor shall provide the following services to the
City:
a. Subject to actual availability, Contractor shall make its drug
detection dog and dog handier available to the City for drug
detection and enforcement efforts on a twenty-four (24) hour
basis.
b. Contractor shall ensure that the dog handler is available for
court appearances for City drug cases whenever the
prosecuting agency determines it to be necessary.
c. Contractor shall take all steps required to ensure that the
drug detection dog and dog handler are proficient and are in
compliance with accepted and/or applicable professional
standards.
d. Contractor shall take all steps required to ensure that the
drug detection dog and dog handler are in compliance with
all applicable local, state, and federal rules, regulations, and
laws.
Police Department personnel from both the City and the Contractor shall work
together to establish mutually agreed operating procedures (i.e., evidence
handling, written reports, call -out procedures).
2. Consideration. The City shall pay the Contractor for services rendered
pursuant to this Agreement at the applicable overtime rate of the dog handler
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(currently the overtime rate of the Contractor's dog handler is $27.38 per hour).
The Contractor shall submit monthly invoices to the City that itemize the date
and amount of all hours worked that month pursuant to this Agreement by the
dog handler and drug detection dog. Upon receipt of said monthly invoice, the
City shall make payment to the Contractor within thirty (30) calendar days. All
payments are expressly conditioned upon the Contractor providing services
hereunder that are satisfactory to the City.
3. Term of Agreement. The term of this Agreement shall commence upon
execution hereof and shall continue in full force and effect until terminated by
either party in accordance with Section 11 of this Agreement.
4. Status of Contractor. The Contractor and the City understand and
expressly agree that the Contractor is an independent contractor in the
performance of each and every part of this Agreement. Contractor and its
employees shall make no claim of City employment nor shall claim any related
employment benefits, social security, and/or retirement.
5. Taxes and Assessments. Contractor shall be solely responsible for and
shall pay all taxes, deductions, and assessments, including but not limited to,
sales tax, federal income tax, FICA, social security tax, assessments for
unemployment and industrial injury insurance, and other deductions from
income which may be required by law or assessed against either party as a
result of this Agreement. In the event the City is assessed a tax or assessment
as a result of this Agreement, Contractor shall pay the same before it becomes
due.
6. Non -Discrimination. During the performance of this Agreement, the
Contractor shall not discriminate on the basis of race, age, color, sex, religion,
national origin, creed, marital status, political affiliation, and/or the presence
of any sensory, mental, or physical handicap. This provision shall include but
not be limited to the following: employment, promotion, demotion, transfer,
recruitment, advertising, layoff, termination, rates of pay, compensation, and
selection for training.
7. No Insurance. It is understood the City does not maintain liability
insurance for Contractor, its employees, and the drug detection dog.
8. Indemnity and Hold Harmless. Each party agrees to be responsible for
its own negligence or deficient performance under this Agreement and agrees to
hold harmless and indemnify the other, and the other's elected officials,
officers, agents, employees, and assigns against any and all claims, demands,
losses, liens, liabilities, penalties, fines, lawsuits, judgments, awards, costs,
and expenses (including attorney's fees and disbursements) resulting or
allegedly resulting from such negligence or deficient performance.
9. Non -Waiver. The failure of the City to insist upon strict performance of
any provision of this Agreement or to exercise any right based upon a breach
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thereof or the acceptance of any performance during such breach shall not
constitute a waiver of any right under this Agreement.
10. Assignment. This Agreement, or any interest herein, or claim
hereunder, shall not be assigned or transferred in whole or in part by the
Contractor to any other person or entity without the prior written consent of
the City. In the event that such prior written consent to an assignment is
granted, then the assignee shall assume all duties, obligations, and liabilities of
Contractor as stated herein.
11. Termination. Either party may terminate this Agreement, with or
without cause, by giving the other party ten (10) days written notice of
termination.
12. Severability. If any portion of the Agreement is changed per mutual
agreement or any portion is held invalid, the remainder of the Agreement shall
remain in full force and effect.
13. Integration. This written document constitutes the entire agreement
between the parties. No changes or additions to this Agreement shall be valid
or binding upon either party unless such change or addition be in writing and
executed by both parties.
14. Notices. Unless stated otherwise herein, all notices and demands shall
be in writing and sent to the parties at their addresses as follows:
To City:
Police Chief
Yakima Police Department
200 South Third Street
Yakima, WA 98901
To Contractor: Police Chief
Ellensburg Police Department
100 North Pearl
Ellensburg, WA 98926
or to such addresses as the parties may hereafter designate in writing. Notices
and/or demands shall be sent by registered or certified mail, postage prepaid.
Such notices shall be deemed effective when mailed or hand -delivered at the
addresses specified above.
15. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
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16. Venue. The venue for any action to enforce or interpret this Agreement
shall lie in the Superior Court of Washington for Yakima County, Washington.
CITY OF YAK IMA CITY OF ELLENSBURG
By: By:
R. A. Zais, Jr., City Manager
Date: Date:
ATTEST:
City Clerk
CITY CONTRACT NO.
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City Manager
ATTEST:
City Clerk
YAKIMA POLICE DEPARTMENT
INTER -OFFICE MEMO
Date: March 5, 1998
To: Linda Watkins, City Clerk's Office
From: Chief Don Blesio
Subject: Drug Detection Dog Agreement
Attached is the notice you sent inquiring the status of the agreement with the City of Ellensburg
for use of their Drug Detection Dog.
Although this item was approved by our City Council, Ellensburg City Council Members later
declined to participate in the agreement.
Let me know if you have any further questions in this regard.
Attachment
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 1 0
For Meeting of May 6. 1997
ITEM TITLE: Consideration of a Resolution Authorizing the Execution of an
Interlocal Agreement with the City of Ellensburg for Drug Detection
Dog Services
SUBMITTED BY: Chief Blesio, Police Department `P
Paul McMurray, Legal Department
CONTACT PERSON/TELEPHONE: Chief Blesio - 575-6211
SUMMARY EXPLANATION:
At the request of the City Council, the police department researched the feasibility of
obtaining drug detection dog services from an outside source. Various public and private
vendor options were explored. It was ultimately determined that use of the Ellensburg
Police Department's K-9 was the best option in terms of cost-effectiveness, availability,
experience and training. The City of Ellensburg has generously offered to absorb the
maintenance cost of their dog to perform this service for reimbursement of officer time only.
The estimated annual cost of this service is expected to be approximately $8,000.
Resolution X Ordinance Contract Other (Specify)
Funding Source
'�c.
APPROVED FOR SUBMITTAL:
c
City Manager
STAFF RECOMMENDATION: It is recommended the Council enact the resolution
authorizing execution of this agreement.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: