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12/04/2012 04B Liquor Control Board Enforcement Officer Agreement with the Washington State Liquor Control Board • �= ., m w .' :�t4„7fir : BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT n Item No. `1,/� For Meeting of: December 4, 2012 • ITEM TITLE: , Resolution authorizing a contract with the State of Washington Liquor Control Board and the Yakima Police Department to provide office space for a State Liquor Control Enforcement Officer. SUBMITTED BY: Chief Dominic Rizzi CONTACT PERSON/TELEPHONE: Lt. Mike Merryman 575 - 6218 SUMMARY EXPLANATION: Attached is a resolution authorizing the City Manager to execute an agreement for services with the State of Washington Liquor Control Board providing office space at the Yakima Police Department for a Liquor Control Enforcement Officer. III Resolution X Ordinance Other (specify) Contract: X Mail to: Lt. Kent Williams, Liquor and Tobacco Enforcement, 2715 Saint Andrews Loop, Suite B, Pasco, WA 99301 -3386 Contract Term: 24 months Amount: 0 Expiration Date: Nov. 30, 2014 Insurance Required? No Funding Source: Phone: (509) 543 -3302 APPROVED FOR City Manager SUBMITTAL: � + i y er g STAFF RECOMMENDATION: It is recommended that the Council adopt the resolution. BOARD /COMMISSION RECOMMENDATION: ATTACHMENTS: Click to download ❑ Resolution ❑ Contract 4110 • RESOLUTION NO. R -2012- A RESOLUTION authorizing and directing the Chief of Police of the City of Yakima to execute an interlocal agreement with the Washington State Liquor Control Board for placement of a Liquor Control Board Enforcement Officer in the Yakima Police Department. WHEREAS, the Washington State Liquor Control Board desires to implement placement of a Liquor and Tobacco Enforcement Officer in the Yakima Police Department pursuant to the attached written agreement; and WHEREAS, such an agreement benefits the Yakima Police Department by increasing the Department's efficiency and effectiveness in enforcing tobacco and liquor statutes; and WHEREAS, the City and the Liquor Control Board are willing to permit such an arrangement 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 authorize execution of the attached agreement with the Washington State Liquor Control • Board, noe, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The Chief of Police of the City 'of Yakima is hereby authorized and directed to execute the attached and incorporated "Interlocal Agreement" with Washington State Liquor Control Board for the purpose of maintaining placement of a Liquor and Tobacco Enforcement Officer in the Yakima Police Department. ADOPTED BY THE CITY COUNCIL this 4 day of December , 2012. ATTEST: Micah Cawley, Mayor Sonya Claar -Tee, City Clerk • (ke)res /public defender agrmt {.; Washington State ',X • Liquor Control Board - '1tH Pasco Education & Enforcement 2715 Saint Andrew Loop Ste 8, Pasco WA 99301 -3386 (509) 543 -3300 Fax (509) 543 -3315 September 27, 2012 This Interlocal Agreement (Agreement) is entered -in by the Washington State Liquor Control Board (WSLCB) and the Yakima Police Department (YPD). WHERAS, RCW Chapter 39.34 (Interlocal Cooperation Act) permits state agencies and local Governments to make the most efficient use of their powers by authorizing them to enter into Agreements with each other, in order to provide services and facilities in a manner best serving the needs and development of their local communities: and Whereas, the purpose of this Agreement is to allow WSLCB use of the facilities of the YPD located at 200 S. 3` St. Yakima, WA 98901 Now THEREFORE, in consideration of the terms and conditions contained herein, the YPD agrees as follows: 1. YPD shall provide: A. Office space at YPD, including a desk, chair, phone and a data port. B. WSLCB Officers will have seven day /twenty -four hour access C. YPD will issue access cards to WSLCB Officers who possess limited commissions • D. A mail box slot at YPD with WSLCB access. E. Janitorial service for the office space. F. Access to a copy machine and document scanner. 2. WSLCB responsibilities: 'A. Keep the office space clean. B. Display WSLCB identification or badges at all times when in the office. C. If bringing visitors Into the building WSLCB Officers will escort them. D. Use YPD space and equipment with respect, and immediately report any problems. E. When possible a WSLCB Officer will visit the YPD at least once a week. 3. Mutual Benefits: This agreement improves both parties ability to carry out public safety responsibilities through: A. Better communication between WSLCB and YPD. B. WSLCB will have access to Yakima Police records to assist on investigations C. Facilitate better coordination between WSLCB and YPD for undercover work, liquor compliance checks and special operations D. Joint involvement in groups dealing with community problems E. WSLCB and YPD will be familiar with each other. • 4. Access to Yakima Police Department Information. A. WSLCB who are trained and have access to the Spillman Database are authorized to access the system through YPD computers. • • 5. TERM: The Agreement shall take effect November 1, 2012 and remain in effect for twenty four months. This contract may be extended by mutual agreement of WSLCB and YPD for two twenty four month periods. Any extension shall be evidenced by a properly completed written amendment to the Agreement. Either party may terminate the Agreement by 110 providing thirty days written notice. 6. Hold Harmless: Each party to the Agreement shall be responsible for its own acts and /or omissions and those of its officers, employees and volunteers. No party to the Agreement shall be responsible for the\acts and /or omissions of entities or individuals not a party to the Agreement. 7. The parties stipulate that the following persons shall be the contact person for their respective jurisdiction. A. Lieutenant Mike Merryman, Yakima Police Department, 200 S. 3 Yakima WA 98901 (509) 575 -6218. mmerryma @ci.yakima.wa.us B. Lieutenant Kent Williams, WSLCB, 2715 Andrew Loop #2D, Pasco WA 99301 (509) 543 -3302 krwQliq. wa. qov 8. Nothing herein shall require or be interpreted to: A. Waive any defense arising out of RCW Title 51. B. Limit or restrict the ability of either entity or employee or legal counsel for either entity or employee to exercise any right, defense or remedy which a party to a lawsuit may have with respect to claims for third parties, including, but not limited to, any good faith attempts to seek dismissal of legal claims against a party by any proper means allowed under the civil rules in either state or federal court. 9. General Provisions: A. Entire Agreement. The Agreement contains all of the terms with respect to any matter covered or mentioned in the Agreement. B. Modification. No provision of the Agreement may be modified except by written agreement signed by the Parties. C. Successors. The Agreement shall be binding upon the Parties' successors in interest, heirs, and ensigns. D. Severability. Any provision of the Agreement which is declared invalid or illegal shall in no way affect or invalidate any other provision. E. Default. In the event that either of the Parties defaults on the performance of any terms of the Agreement or either party places the enforcement of the Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. F. Venue. The venue for any dispute related to the Agreement shall be Yakima County, Washington. G. Waiver. Failure of the Agency to declare any breach or default immediately upon the occurrence thereof, or delay.. in taking any action in connection with, shall not waive such breach or default. Time is of the essence of the Agreement and each and all of its provisions in which performance is a factor. • H. Performance. Time is of the essence of the Agreement and each and all of its provisions in which performance is a factor I. No Third Party Rights. The Agreement is entered into for the sole benefit of the WSLCB and the YPD. The Agreement shall confer no benefits or rights, direct or indirect, on any third persons, including employees of the parties. No person or entity other than the parties themselves may rely upon or enforce any provision of the Agreement. The decision to assert or waive any provision of the Agreement is solely that of each party J. No Employment Relationship. The WSLCB alone bears full responsibility for controlling the manner and means by which the WSLCB performs work and for providing all compensation and other employment benefits, including payroll taxes and worker's compensation coverage, to the WSLCB Officers. YPD bears no responsibility for the control WSLCB Officers, their standards of performance, and all other aspects of their employment with the WSLCB. WSLCB Officers are not a YPD employee and has no right to any employment benefits, including any form of compensation, from YPD. WSLCB agrees to hold the YPD harmless from any employment - related claims made by a WSLCB Officer against the WSLCB. K. Survival. Any provision of the Agreement that imposes an obligation after termination or expiration of the Agreement shall survive the term or expiration of the Agreement and shall be binding on the parties to the Agreement • L. Governance: The Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of the Agreement shall be construed to conform to those laws. In the event of an inconsistency in the terms of the Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: A. Applicable state and federal statutes and rules; B. Statement of work; and C. Any other provisions of the Agreement, including materials incorporated by reference. This Interlocal Agreement, consisting of three (3) pages is executed by the persons signing below who warrant that they have the authority to execute the Agreement. Yakima Police Department Washington St. te-- - tqu r Control Board (Signature) :: ature) 57 /UeUhik/a/ (Printed Name) (Printed Name) Alk (Title) (Title)