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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 Page 1 of 4 falagr/c naburg dog rontrxt/pm (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 Page 2 of 4 Pagr kl/r r,burg dog contract/pm 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. Page 3 of 4 (14{agr/e nsburg dog rontrac[/pm 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. Page 4 of 4 pklagr/e ruburg dog ronuact/pm 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: