HomeMy WebLinkAbout12/04/2012 04B Liquor Control Board Enforcement Officer Agreement with the Washington State Liquor Control Board • �= .,
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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)