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HomeMy WebLinkAboutR-2010-063 Yakima Housing Authority Agreement for Residential Police OfficerRESOLUTION NO. R-2010-63 A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an Interlocal Agreement between the Housing Authority of the City of Yakima ("Yakima Housing Authority") and the City of Yakima for law enforcement services by a Police Officer at Yakima Housing Authority complexes. WHEREAS, Yakima Housing Authority desires to assist in the funding of a Police Officer to reside at and provide law enforcement services within and/or near the Yakima Housing Authority's federally funded housing and other housing complexes in the City of Yakima, and desires that the City of Yakima, through its Police Department, provide an officer for law enforcement related services to Yakima Housing Authority housing complexes; and WHEREAS, the City, through its Police Department, is willing to provide said Police Officer services 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 Yakima Housing Authority; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Council authorizes and directs the City Manager to execute the attached "Interlocal Agreement between the Housing Authority of the City of Yakima ("Yakima Housing Authority") and the City of Yakima for Law Enforcement Services". ADOPTED BY THE CITY COUNCIL this 1st day of June, 2010. ATTEST: 17k) Micah Cawley, Mayor City Cler • • INTERLOCAL AGREEMENT BETWEEN THE HOUSING AUTHORITY OF THE CITY OF YAKIMA ("YAKIMA HOUSING AUTHORITY") AND THE CITY OF YAKIMA FOR LAW ENFORCEMENT SERVICES This Agreement is between the Housing Authority of the City of Yakima (hereafter referred to as the "Yakima Housing Authority") and the City of Yakima (hereafter referred to as the "City") for the purpose of maintaining the services of a City of Yakima Police Department Officer ("Police Officer") at the Yakima Housing Authority residential facilities located within the city limits of the City of Yakima, Washington. This Agreement is entered into pursuant of the Interlocal Cooperation Act, Chapter 39.34 RCW. In Consideration of the terms and condition set forth , herein, the parties agree as follows: SECTION 1 Purpose: The purpose of this Agreement is for the City to provide Agreement services in the form of a Police Officer to the Yakima Housing Authority. The services provided include law enforcement and related services as described in this Agreement. SECTION 2 Provision of Services: The City shall furnish the residents of Yakima Housing Authority's public housing or other housing projects as described herein with additional policing services, employing the community policing concept, including the operation of a police substation on site at the Community Center located at 621 N. 16th Avenue, Yakima, with one full-time police officer. In performing such services, the City shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The current Public Housing Properties of the Yakima Housing Authority include: ADDRESS NUMBER OF UNITS 914 E. Spruce St (Spruce Lane) 20 810 N. 6 Avenue (Public Housing at Nueva Primavera) 16 504/508 Pacific Ave (Pacific) 15 615 N. 15th Avenue (Cascade) 15 1022 E. Chestnut (Fairview) 14 603 Central Avenue (Sienna) 14 610 E: Arlington St. (Eastwood) 10 621 N. 16th Ave (Edgewood) 10 1214 Willow St. (Willow Lane) 10 801 Central Ave (Parkview) 10 1212 S. 9th St. 4 1322 S. 18th Ave. (Evergreen) 6 1307 S. 18th Ave (Yakima Terrace) 2 1309 S. 18th Ave 2 1311 S. 18th Ave 2 TOTAL: 150 Agreement between Housing Authority of the City of Yakima and the City of Yakima for Law Enforcement Services - 1 In addition, Yakima Housing Authority, at its discretion, may request services at additional non- public housing property sites on an as -needed basis, including the following locations in the City of Yakima: ADDRESS: NUMBER OF UNITS 810 N. 6"' Ave. (Non Public Housing at Nueva Primavera) 39 15 N. 37th Ave (Glenn Aces) 36 314 Cherry Ave (Mariposa Park) 19 918 Fenton (Mariposa Park) 6 919 Fenton (Mariposa Park) 1 408 E. Spruce St. (Pioneer Plaza) 1 410 E. Spruce St. (Pioneer Plaza) 1 412 E. Spruce St. (Pioneer Plaza) 1 902 E. Beech St. (Pioneer Plaza) 1 904 E. Beech St. (Pioneer Plaza) 1 906 E. Beech St. (Pioneer Plaza) 1 1115 Pleasant Ave (Pioneer Plaza) 1 1117 Pleasant Ave (Pioneer Plaza) 1 1119 Pleasant Ave (Pioneer Plaza) 1 1121 Pleasant Ave (Pioneer Plaza) 1 1314 S. 12th Ave (Pioneer Plaza) 1 1316 S. 12th Ave (Pioneer Plaza) 1 1408 Willow St. (Pioneer Plaza) 1 1410 Willow St. (Pioneer Plaza 1 1412 Willow St. (Pioneer Plaza) 1 1414 Willow St. (Pioneer Plaza) 1 507 N. 6th Ave (Pioneer Plaza) 1 509 N. 6th Ave (Pioneer Plaza) 1 510 Cherry Ave (Pioneer Plaza) 1 512 Cherry Ave (Pioneer Plaza) 1 417 N. 6th Ave (Sunset Terrace) 1 419 N. 6th Ave (Sunset Terrace) 1 503 N. 6th Ave (Sunset Terrace) 1 505 N. 6th Ave (Sunset Terrace) 1 1004 Buwalda (Sunset Terrace) 1 1006 Buwalda (Sunset Terrace) 1 1008 Buwalda (Sunset Terrace) 1 1010 Buwalda (Sunset Terrace) 1 202 N. 9th St. (Sunset Terrace) 2 1707 Pleasant Ave (Sunset Terrace) 2 608 S. 8th St. (Sunset Terrace) 1 509 S. 10th St. (Sunset Terrace) 1 330 S. 9th St. (Sunset Terrace) 1 311 S. 7th St. (Sunset Terrace) 1 1611 S. 1St Ave (Sunset Terrace) 1 1613 S. 1St Ave (Sunset Terrace) 1 1615 S. 1St Ave (Sunset Terrace) 1 1617 S. 1St Ave (Sunset Terrace) 1 603 S. 4th St. (Sunset Terrace) 1 605 S. 4th St. (Sunset Terrace) 1 1112 S. 18th Ave (Sunset Terrace) 1 1114 S. 18th Ave (Sunset Terrace) 1 102 S. Fair Ave (Yakima Housing Authority Shop) 1 TOTAL: 146 Agreement between Housing Authority of the City of Yakima and the City of Yakima for Law Enforcement Services - 2 • • • • Scope of Work to be Performed: CITY: The City shall furnish the residents of all Yakima Housing Authority public housing properties specified herein (or other non-public housing properties if specifically requested by the Yakima Housing Authority) additional policing services, employing the community policing concept and will operate a police substation- at the Community Center located at 621 N. 16th Avenue, Yakima, Washington (or at such other location as directed by Yakima Housing Authority) with one fulitime police officer. The policing services Agreement for herein are in addition to its normal police services already provided by the City and that because of the services provided by the Police Officer, the City will not reduce its police services to the public housing developments, particularly in the areas of community policing, patrol, criminal investigation, records, dispatch and special operations. A. Selection of a Police Officer: The Chief of Police in consultation with the Executive Director of the Yakima Housing Authority of the City of Yakima shall choose the Police Officer to be assigned on the basis of the following minimum criteria: 1. The Police Officer must have the ability to deal effectively with a diverse residential population. A Police Officer with a bilingual capacity for the Spanish language will be preferred. 2. The Police Officer must have the ability to present a positive image and symbol of the entire police agency. A goal of the Police Officer is to foster a positive image of police officers among residents and younger people. Therefore, the personality, grooming and communication skills of the officer should be of such nature so that a positive image of the police agency is reflected. The officer should sincerely want to work with residents in all complexes in which the Police Officer is assigned. 3. The Police Officer must have the ability to provide quality community policing services. Communication skills of the officer must be of high caliber so that the officer can effectively and accurately provide community policing services and can communicate effectively with housing complex residents. 4. The Police Officer must have the desire and ability to work cooperatively with the residents and the Yakima Housing Authority. The officer shall establish and maintain a positive, proactive relationship with housing complex residents. 5. The Police Officer must be a state certified law enforcement officer. B. Overtime Pay: The Yakima Police Department recognizes that some overtime is necessary and required. All Police Officer overtime requests, except for emergencies, must be approved prior to the overtime assignment by the Police Department supervisor in charge of the Police Officer. Only Yakima Housing Authority related overtime will be billed to the Yakima Housing Authority at the current overtime rate at the time of the services. This billing will be in addition to those charges set forth in Exhibit. "A". The City and the Yakima Police Department will be responsible for overtime related to officer training, call-in for criminal investigations, and testifying in court. The Yakima Housing Authority will be responsible for overtime if the Police Agreement between Housing Authority of the City of Yakima and the City of Yakima for Law Enforcement Services - 3 Officer is called upon by the Yakima Housing Authority or residents to handle an issue while off duty. C. Regular Duty: This assignment does not prohibit the Police Officer from participating in emergency response and/or fulfilling training requirements as determined to exist by the Chief of Police or designee(s). 1. If the full-time Police Officer who is assigned duties under this Agreement is unable to fulfill his or her duties because of serious illness or disability or in the event that for any reason the City suspends or otherwise places the Police Officer on leave pending investigation into allegations of misconduct, that the City will provide a replacement officer to fulfill the terms of this Agreement until the assigned Police Officer returns to duty. D. Duties of the Police Officer: While on duty, the Police Officer will perform the following duties: 1. Visibilit a. Wear an official police uniform, which shall be provided at the expense of the City. However, civilian attire may be worn on such occasions as may be mutually agreed upon by the Yakima Housing Authority and police command. b. Patrol Yakima Housing Authority complexes and grounds during designated hours for the purpose of personal and property protection. c. Observe residents and visitors entering and leaving Yakima Housing Authority complexes. d. Greet and assist authorized visitors by providing directions and assistance. e. Be available for aiding Yakima Housing Authority staff and residents in routine and emergency security and first aid situations. 2. Professional Relationships a. Establish and maintain a positive, proactive relationship with Yakima Housing Authority residents, staff, and the community. b. Promote communication with residents in an effort to facilitate a safe residential environment. c. Encourage lawful behavior. d. Serve as a positive role model for residents and Yakima Housing Authority staff. 3.. Confidentiality a. Maintain a professional level of confidentiality at all times and as required by law, including but not limited to the Washington Criminal Records Privacy Act, Chapter Agreement between Housing Authority of the City of Yakima and the City of Yakima for Law Enforcement Services - 4 • • • 10.97 RCW. The Police Officer shall not be expected to provide confidential police reports to non -law enforcement personnel, as per the Revised Code of Washington. 4. Education a. Provide information to Yakima Housing Authority staff and residents concerning property protection. b. Provide information to Yakima Housing Authority staff and residents regarding safety measures. c. Speak to residents and Yakima Housing Authority staff on the law, including search and seizure, criminal law, motor vehicle law, and other topics mutually agreed to by the Chief of Police or designee and the Executive Director of the Yakima Housing Authority or designee. d. Act as a resource person in the area of law enforcement. e. Provide law enforcement input into Yakima Housing Association -based security, including teaching of Yakima Housing Authority security personnel as well as the review of fencing and security systems. f. Attend all Yakima Police Department mandated training as required to maintain law enforcement qualifications and certifications. 5. Crime a. Conduct criminal investigation of violations of the law on Yakima Housing Authority property or property immediately surrounding the Yakima Housing Authority as assigned by the Yakima Police Department. b. Work to maintain the peace on Yakima Housing Authority property. c. Make arrests and referrals of criminal law violators as appropriate. d. Assist in efforts to recover Yakima Housing Authority and residents' property, including working with other police agencies. e. Provide information to Yakima Housing Authority concerning unsecured areas noted during patrol. f. Observe, collect, preserve, and record evidence of crimes. g. Conduct investigations (criminal and otherwise) • Question suspects • Interview witnesses • Interview victims h. Apprehend or assist in apprehension of individuals committing or suspected of committing crimes on Yakima Housing Authority property. Agreement between Housing Authority of the City of Yakima and the City of Yakima for Law Enforcement Services - 5 i. Attempt to locate and recover stolen property. j. Testify in court proceedings, as needed. 6. Additional Duties a. Perform such other duties as mutually agreed upon by the Chief of Police and the Executive Director of the Yakima Housing Authority or his or her designees, so long as the performance of such duties are legitimately and reasonably related to the Police Officer program as described in this Agreement and so long as such duties are consistent with state, federal, and local law and the policies and procedures of the Yakima Police Department. b. Maintain a "quarterly activities report" or such other report regarding Police Officer activities as may be required by the Yakima Housing Authority and the City. c. Make referrals to social service agencies as appropriate. d. Coordinate with other Yakima Police Department Youth Service Providers to ensure consistency and continuity of 'services. e. Perform services as discussed in the below charts on Community Policing Activities and Crime Prevention Activities. f. Follow all state and federal laws. g. Participation in some Community Policing Activities by the Police Officer, which are referred to in the chart immediately below with some guidelines. These guidelines are not mandatory minimums. Description of Services Levels of Services / Guidelines • Community Policing Activities, to include: Resident Contacts Self -Initiated Field Activities (Prevention / Mediation / Intervention) Enforcement Contacts / Patrol Assists / Traffic Reports / Follow Ups, etc. • One hundred (100) people per month combined (total of all complexes), which includes adults and youth Agreement between Housing Authority of the City of Yakima and the City of Yakima for Law Enforcement Services - 6 • • • h. Participation in some Crime Prevention Activities by the Police Officer, which are referred to in the chart immediately below, with some guidelines for target levels of services to be provided by the Police Officer. Description of Services Levels of Services / Guidelines • Crime Prevention Activities Coordinate, train and support the activities of on site recreation, social services programs, resident council and Yakima Housing Authority Provide Crime Prevention, Security and Safety Education Programs Advise Yakima Housing Authority in the planning and implementation of other security programs Home Safety / Security Surveys of residents (at all housing complexes) Childhood Safety / Crime Prevention Programs. (at all housing complexes) Youth Prevention Activities (at all housing complexes) Apartment Watch Meetings or other prevention activities (at the public housing complexes)) • Ongoing • At least one (1) activity per quarter serving a minimum of fifteen (15) residents • Provide Housing Staff with one (1) program per quarter or work one-on-one with staff • As requested • One per quarter for one to two sites • Two (2) per year • One (1) per quarter • One (1) per quarter E. Support Services to be Provided by the Yakima Police Department: The City's Police Department and the Police Officer will supply the following services: 1. The capability to receive and dispatch the Police Officer via telephone, walk-in, radio, Yakima Housing Authority radio frequency and/or pager. 2. Process, file and maintain police reports and other police records according to law. 3. Provide coordination, development, implementation and evaluation of security programs in the complexes assigned. 4. Provide the Police Officer with a patrol automobile and other necessary police equipment. The ongoing costs of maintaining and repairing the police vehicle that has been reimbursed by the Yakima Housing Authority pursuant to this Agreement will be borne by the City. The ongoing costs of maintaining and repairing the police equipment on the patrol vehicle will also be the City's responsibility. 5. Provide the name of one contact person in the Yakima Police Department other than the Police Officer who will be assigned to respond to inquiries and concerns, if any, by the Yakima Housing Authority if any issues arise. Pursuant to Section 17 of the Agreement, the City will provide the name of the contact person to the Yakima Housing Authority in writing within 10 days of the beginning of the Term of this Agreement. Furthermore, any subsequent change in the name of the contact person in the Police Department will be made in writing pursuant to Section 17 of the Agreement. Agreement between Housing Authority of the City of Yakima and the City of Yakima for Law Enforcement Services - 7 6. Coordinate with the Executive Director of the Yakima Housing Authority, staff, law enforcement agencies and the courts to promote order at all housing complex locations. 7. Make presentations to resident groups. 8. Maintain criminal justice standards as required by law. 9. Coordinate crime prevention activities at all housing complex locations. F. Quarterly Narrative Reports: The City shall submit Narrative Reports, providing overviews of project progress and achievements, to the Yakima Housing Authority no later than twenty (20) days after the close of each Agreement Quarter. The format for the Narrative Reports is attached as Exhibit C. G. Quarterly Resident Contact Data Reports: The City shall submit a Resident Contact Data Report, providing demographic information regarding program participants receiving services during the reporting period, to the Yakima Housing Authority no later than twenty (20) days after the close of each Agreement Quarter. H. Quarterly Invoices: The City shall submit Invoices to the Yakima Housing Authority no later than ten (10) days after the close of each Agreement Quarter. The Invoice format is attached as Exhibit B. I. Schedule of Program Activities: The City shall submit to the Yakima Housing Authority a written Schedule of Program Activities regarding the services involving Crime Prevention Activities referred to in this Agreement. If there are any subsequent changes to the written Schedule of Program Activities, the City shall notify the Yakima Housing Authority in writing of the changes to the Schedule of Program Activities. J. Insurance: Certification(s) of insurance coverage for the City of Yakima shall be delivered to Yakima Housing Authority before execution of the Agreement. K. Taxpayer Identification and Certification: The City shall submit to Yakima Housing Authority a completed W-9 "Request for Taxpayer Identification and Certification" Form with the executed Agreement. L. Monitoring and Coordination: At least once during each year of the duration of this Agreement, the Yakima Housing Authority will visit the City and/or program sites to monitor progress. The City shall be expected to work as a team member and coordinate efforts with Yakima Housing Authority management, Yakima Housing Authority Resident Services staff and other service providers. YAKIMA HOUSING AUTHORITY: Yakima Housing Authority agrees to provide to the Police Officer an apartment, mutually agreed upon by the City and Yakima Housing Authority, at no cost to the officer, including the cost of utilities not normally furnished to other residents of the Yakima Housing Authority complex. It is agreed the apartment may be in a multi -family unit and that the Police Officer will follow all terms and conditions of the Yakima Housing Authority as required of residents residing in Yakima Housing Authority Housing complexes. Agreement between Housing Authority of the City of Yakima and the City of Yakima for Law Enforcement Services - 8 • • • • • The Yakima Housing Authority will comply with 24 C.F.R. § 960.505, which requires that for the purpose of increasing security for residents of public housing, when a police officer resides in public housing the PHA must include in the PHA annual plan or supporting documents the number and location of the unit(s) to be occupied by police officer(s), and the terms and conditions of their tenancies; and a statement that such occupancy is needed to increase security for public housing residents. In addition to the Agreement payments outlined in Section 4 below and in Exhibit A attached to this Agreement, the Yakima Housing Authority will contribute a total amount of $28,147.15 to reimburse the City for the purchase of a patrol vehicle to be exclusively assigned to the Police Officer performing services hereunder. This reimbursement of $28,147.15 represents the cost of the patrol vehicle ($26,014.00) plus sales tax ($2,133.15). (The City will provide the non - factory police equipment for the vehicle which was not on the patrol vehicle at the time of its delivery.) It is estimated the patrol vehicle will be received by the City. from the vendor on or before August 31, 2010. The reimbursement will be made payable to the "City of Yakima" by the Yakima Housing Authority in two payments: the first payment of $14,073.58 to be paid to the City within 45 days of delivery of the vehicle to the City; and the second payment of $14,073.57 within five months after the first payment, or no later than March 31, 2011, whichever is earlier. The patrol vehicle will be at all times the property of the City and the City will bear all responsibility for insurance and maintenance of said vehicle. The Yakima Housing Authority's contribution for the reimbursement of the patrol vehicle referred to in this paragraph is included in the estimated total Agreement value of 185,826.15 (see Exhibit A entitled "Payment"). Certification(s) of insurance coverage for the Housing Authority of the City of Yakima ("Yakima Housing Authority") shall be delivered to the City before execution of the Agreement. The Yakima Housing Authority shall provide the Police Officer the following materials and facilities necessary to perform the duties by the Police Officer, enumerated herein: 1. A dedicated private office, which is properly lighted, with a dedicated telephone to be used for general business purposes. Multi purpose rooms shall not be deemed a sufficient substitute for a private office. 2. A location for files and records that can be properly locked and secured. 3. A desk with drawers, a chair, working table, filing cabinet and necessary office supplies. 4. Access to a Macintosh or IBM compatible computer with word processing capabilities in said private office. 5. An apartment located at one of the Yakima Housing Authority's public housing properties within the city limits of Yakima, Washington, with electrical, sewer, water, and garbage expenses paid by the Yakima Housing Authority. The location of the apartment for the Police Officer will be provided by a written notice to the City before the execution of the Agreement. Agreement between Housing Authority of the City of Yakima and the City of Yakima for Law Enforcement Services - 9 SECTION 3 Term: The term of this Agreement shall be for four years commencing July 1, 2010 and ending. on midnight on June 30, 2014, unless earlier terminated by either party in accordance with Section 12 of this Agreement. SECTION 4 Payment: The Yakima Housing Authority shall pay the City as set forth in Exhibit A, which is attached hereto and incorporated herein by this reference. The payments to the City will be made within twenty (20) days of the Yakima Housing Authority's receipt of the invoices. The City shall submit invoices to the Yakima Housing Authority no later than ten (10) days after the close of each agreement quarter. The invoice format is attached as Exhibit B. SECTION 5 The parties understand and agree that the Yakima Housing Authority has sole responsibility for the selection of its tenants in Yakima Housing Authority buildings and for the administration of all matters related to its leases with tenants of the Yakima Housing Authority. SECTION 6 The Police Officer is an employee of the City and not an employee of the Yakima Housing Authority. The City, subject to the terms, conditions and limitation herein, shall be solely responsible for control of its personnel, standards of performance, police certified training, discipline, and all other aspects of performance by City employee(s) while performing services under this Agreement. Notwithstanding the foregoing, there will be an annual review of the performance of the Police Officer by the Chief of Police and the Executive Director of the Yakima Housing Authority to ascertain the continuation of the Police Officer assigned. SECTION 7 The parties, their agents, and employees will cooperate in good faith in fulfilling the terms of this Agreement. The Executive Director of the Yakima Housing Authority or his or her designee and the Chief of Police or his or her designee will administrate this Agreement and attempt to resolve difficulties or questions that may arise during the term of this Agreement. SECTION 8 To dismiss a Police Officer from the duties described in this Agreement, the Executive Director of the Yakima Housing Authority or his or her designee shall communicate, in writing, to the City a request to change the Police Officer. The Yakima Housing Authority will outline reasons for the requested change. Absent agreement by the parties to resolve a change in the Police Officer, the Police Officer shall be changed within forty-five (45) days of the City's receipt of the request. SECTION 9 Notwithstanding this Agreement, the Yakima Housing Authority shall receive all normal police services and all normal neighborhood resource officer services in addition to the services described in this Agreement. Agreement between Housing Authority of the City of Yakima and the City of Yakima for Law Enforcement Services - 10 • • • SECTION 10 Insurance: At all times during performance of the Services, the City of Yakima and the Yakima Housing Authority shall secure and maintain in effect insurance to support the indemnity agreement as outlined in Section 18 of this Agreement. Each party to the Agreement will provide the other party with a certificate of insurance as evidence of the following coverage: Commercial General Liability Insurance. Commercial liability insurance and commercial umbrella liability insurance with a total minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) general aggregate (per project). The policy shall include employers liability (Washington Stop Gap). The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. The City policy shall name the Housing Authority of the City of Yakima ("Yakima Housing Authority"), its elected officials, officers, agents, employees, and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving thirty (30) calendar days prior written notice. The Yakima Housing Authority policy shall name City of Yakima, its elected officials, officers, agents, employees, and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving thirty (30) calendar days prior written notice. The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide. Directors and Officers. Each party will have Directors and Officers Liability Insurance or Public Officials Liability with coverage of at least One Million Dollars ($1,000,000.00) per occurrence and an annual aggregate limit of at least One Million Dollars ($1,000,000.00). The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. The insurance shall be with an insurance company rated A -VII or higher in Best's Guide. If the policy is on a claims made basis, the retroactive date of the insurance policy shall be on or before the inception date of the Agreement, or shall provide full prior acts. SECTION 11 The City and the Yakima Housing Authority will collaborate on identifying and accessing funding sources for the Police Officer program that include but are not limited to state and federal grants. SECTION 12 Termination: This Agreement may be terminated by either party upon forty-five (45) days written notice in the event that the other party fails to substantially perform in accordance with the terms and conditions of the Agreement through no fault of the party initiating termination. This Agreement may also be terminated, without cause, by either party upon ninety (90) days written notice. In the event this Agreement is terminated, compensation will be made to the City for all services performed under this Agreement up to the specified date of termination. If termination is necessary due to lack of substantial performance in accordance with the terms and conditions of the Agreement by the City, the Yakima Housing Authority may be entitled to a Agreement between Housing Authority of the City of Yakima and the City of Yakima for Law Enforcement Services - 11 prorated refund for each day that the Police Officer services are not provided because of termination of this Agreement. SECTION 13 Debarment Certification: a. City: The City of Yakima certifies that it is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement by any Federal department or agency (debarred). The City shall immediately notify the Yakima Housing Authority if, during the term of this agreement it becomes debarred. In the event of such debarment, the Yakima Housing Authority may immediately terminate this Agreement by giving written notice to the City. b. Yakima Housing Authority: The Housing Authority of the City of Yakima ("Yakima Housing Authority") certifies that it is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement by any Federal department or agency (debarred). The Yakima Housing Authority shall immediately notify the City if, during the term of this agreement it becomes debarred. In the event of such debarment, the City may immediately terminate this Agreement by giving written notice to Yakima Housing Authority. SECTION 14 Interest of Members, Officers, Commissioners and Employees, or Former Members, Officers and Employees: No member, officer, or employee of the Yakima Housing Authority, no member of the governing body of the locality in which the projects are situated, no member of the Yakima City Council, no member of the governing body in which Yakima Housing Authority was activated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the project, shall, during his or her tenure, or for one year thereafter, have any interest, direct or indirect, in this Agreement or the proceeds thereof. SECTION 15 Nondiscrimination. During the performance of this Agreement, the City and the Yakima Housing Authority shall not discriminate in violation of any applicable federal, state and/or local law or regulation on the basis of age, sex, race, creed, religion, color, national origin, marital status, disability, honorably discharged veteran or military status, pregnancy, sexual orientation, and any other classification protected under federal, state, or local law. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of services under this Agreement. SECTION 16 Assignment. This Agreement, or any interest herein, shall not be assigned or transferred in whole or in part by the Yakima Housing Authority or the City to any other person or entity without the prior written consent of the other party. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of the assignor as set forth in this Agreement. Agreement between Housing Authority of the City of Yakima and the City of Yakima for Law Enforcement Services - 12 • • • • • • SECTION 17 Notices: Unless stated otherwise herein, all notices and demands shall be in writing and sent to the parties at their respective addresses as follows: TO CITY OF YAKIMA: Chief of Police and Deputy Chief of Police Yakima Police Department 200 South Third Street Yakima, WA 98901-2830 City Manager City of Yakima Yakima City Hall — First Floor 129 North Second Street Yakima, WA 98901-2613 TO HOUSING AUTHORITY OF THE CITY OF YAKIMA: Mr. Lowe! Krueger Executive Director Housing Authority of the City of Yakima 810 North 6th Avenue Yakima, WA 98902-1474 or to such other address 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 three (3) business days, excluding holidays, after mailing or immediately upon being hand delivered to the address specified above. SECTION 18 Unless otherwise provided herein or agreed to in writing by the parties, all property acquired by the City during the term of this Agreement related to its performance under this Agreement shall be paid for by the City and shall remain the property of the City upon termination of this Agreement. The patrol vehicle used by the Police Officer shall remain the property of the City. Any property acquired jointly by the City and the Yakima Housing Authority during the term of this Agreement relating to the subject of this Agreement shall, upon termination of this Agreement, be disposed of in such manner as mutually agreed upon by the parties. SECTION 19 Liability and Indemnification: a. Each party hereto agrees to be responsible and assume liability in the performance of this Agreement for its own negligent acts or omissions and those of its officers, elected officials, agents, volunteers, and/or employees to the fullest extent allowed by law. Agreement between Housing Authority of the City of Yakima and the City of Yakima for Law Enforcement Services - 13 b. The Yakima Housing Authority agrees to protect, defend, indemnify, and hold harmless the City of Yakima, its elected and appointed officials, agents, officers, and/or employees from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses resulting from the sole negligence of the Yakima Housing Authority, and the Yakima Housing Authority's appointed officials, officers, employees, and agents in connection with this Agreement. c. The City of Yakima agrees to protect, defend, indemnify, and hold harmless the Yakima Housing Authority, its officials, agents, officers, and/or employees from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses resulting from the sole negligence of the City of Yakima, and the City's elected or appointed officials, officers, employees, and agents in connection with this Agreement. d. In the. event that the officials, officers, agents, and/or employees of both the Yakima Housing Authority and the City of Yakima are negligent in a matter arising out of the activities of the parties pursuant to this Agreement, each party shall be liable for its contributory share of negligence for any resulting suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorneys' fees). e. Nothing contained in this Section of this Agreement shall be construed to create a liability or a right of indemnification in any third party. f. The provisions of this Section shall survive the termination or expiration of this Agreement. SECTION 20 This Agreement is entered into for the sole benefit of the City and the Yakima Housing Authority. It shall confer no benefits or rights, direct or indirect, on any third persons. No person or entity other then the parties themselves may rely upon or enforce any provision of this Agreement. The decision to assert or waive any provision of this Agreement is solely that of each party. SECTION 21 Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. Any provision of this Agreement which shall prove to be invalid, unenforceable, void, or illegal shall in no way affect impair, or invalidate any other provisions hereof, and such other provisions shall remain in full force and effect. Any provision of this Agreement in direct conflict with any statutory provision of the State of Washington shall be deemed modified to conform to such statutory provision. SECTION 22 The waiver by the Yakima Housing Authority or the City of the breach of any provision of this Agreement by the other party shall not operate or be construed as a Waiver of any subsequent breach by either party or prevent either party from thereafter enforcing any such provision. Agreement between Housing Authority of the City of Yakima and the City of Yakima for Law Enforcement Services - 14 • • • SECTION 23 Any provision of this Agreement that imposes an obligation that continues after termination or expiration of this Agreement shall survive the term or expiration of the Agreement and shall be binding on the parties to this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. The venue for any action to enforce or interpret this Agreement shall lie in Yakima County, Washington. SECTION 24 This agreement is the complete and exclusive agreement between the parties relevant to the purpose described above and supersedes all prior agreements or proposals, oral or written, and all other communications between the parties relevant to the subject matter of this agreement. Changes in the terms of this Agreement may be accomplished only by amendment in writing approved by the City and the Yakima Housing Authority. SECTION 25 A copy of this Agreement shall be filed with the Yakima County Auditor pursuant to RCW 39.24.040. CITY OF YAKIMA By Richard A. Zais, Date: (o/ ? j/cD ATTEST: HOUSING AUTHORITY OF THE CITY OF YAKIMA BY4„,r.„..,. owel Krueger, ive Director Date: G/17n0 City Contract No.: 7 Resolution No.: /?-CM/D-- (p✓� Agreement between Housing Authority of the City of Yakima and the City of Yakima for Law Enforcement Services - 15 STATE OF WASHINGTON ) ) ss. COUNTY OF YAKIMA I hereby certify that I know or have satisfactory evidence that Lowell Krueger is the person who appeared before me, and said person acknowledged that he signed this instrument, and on oath stated that he was authorized to execute the instrument, acknowledged that he is the Executive Director of the Housing Authority of the City of Yakima and that the Board of Directors of the Housing Authority of the City of Yakima has authorized him to execute this instrument, and he acknowledged it as the Executive Director of the Housing Authority of the City of Yakima, to be a free and voluntary act of the Housing Authority of the City of Yakima for the uses and purposes mentioned in the instrument. DATED this ) ] day of 51..1..W6— , 2010. Print Name: (3-e_ l►V,. (:)a 44 c.rrL z NOTARY PUBLIC in and Tor the State of Washington, residing at yal/-:( r My appointment expires: fkkeut l () 2OI 9 Agreement between Housing Authority of the City of Yakima and the City of Yakima for Law Enforcement Services - 16 • • EXHIBIT A — PAYMENT Pursuant to Section 4 entitled "Payment" of this Agreement, the Yakima Housing Authority shall pay the City the following amounts for each year of the Agreement. This exhibit does not include overtime pay as set forth in Section. 2B which will be billed separately in accord with the specific provisions of the Agreement. The salary and benefits numbers listed below for July 1, 2010 through December 31, 2010 include both estimated salary and benefits. The numbers below do not include the additional 2% of the top step patrol officer wage, special assignment pay for a Police Officer with a bilingual capacity for the Spanish language, as provided in Article 12, Section 5 of the Collective Bargaining Agreement in effect through December 31, 2010, or longevity pay, if any, as provided in Article 12, Section 4 of the Collective Bargaining Agreement in effect through December 31, 2010. Pursuant to the below numbers, the Yakima Housing Authority's contribution towards the Police Officer's salary and benefits over the four-year period of the Agreement is $157.679. The Yakima . Housing Authority's total contribution under this Agreement, including the reimbursement to the City for the cost of a patrol vehicle in the total amount of $28,147.15, is $185,826.15. The position of the Police Officer assigned to work at the Yakima Housing Authority properties pursuant to this Agreement is not funded by the U.S. Department of Justice Office of Community Oriented Policing • ("COPS") grant that was received by the Yakima Police Department in 2009 (COPS Hiring Recovery Program Grant # 2009RKWX0902). However, If the U.S. Department of Justice Office of Community Oriented Policing ("COPS") does not agree to provide to an extension of grant funding to June 30, 2013, then the payment amounts by the Yakima Housing Authority under this Agreement will be renegotiated by the parties to reflect an increased payment amount(s) by the Yakima Housing Authority for the third year of this Agreement. The current "Collective Bargaining Agreement by and between City of Yakima and Yakima Police Patrolmans Association" is through December 31, 2010. If a future Collective Bargaining Agreement for a period after December 31, 2010 with the Yakima Police Patrolmans Association includes an increase in salary and/or benefits (if any), then the payment amounts by the Yakima Housing Authority under this Agreement will be renegotiated by the parties to reflect an increased payment amount or amounts by the Yakima Housing Authority. July 1, 2010 through December 31, 2010 For July 1, 2010 through December 31, 2010 (six months), the Yakima Housing Authority shall pay the City a total of Ten Thousand Dollars ($10,000.00). (Estimated annual salary and benefitsof a Police Officer, Step E: $97,679 divided by 1/2 = $48,839.50. Six month salary of $48,839.50. $10,000.00 to be paid by Yakima Housing Authority.) This figure represents 20.5% of the total cost of the Police Officer's six-month salary, which is estimated to be Forty Eight Thousand Eight Hundred Thirty Nine Dollars and 50/100 ($48,839.50), per one-half year. January 1, 2011 through June 30, 2011 For January 1, 2011 through June 30, 2011, the Yakima Housing Authority shall pay the City a total of Ten Thousand Dollars ($10,000.00). Agreement between Housing Authority of the City of Yakima and the City of Yakima for Law Enforcement Services - 17 July 1, 2011 through December 31, 2011 For July 1, 2011 through December 31, 2011, the Yakima Housing Authority shall pay the City a total of Ten Thousand Dollars ($10,000.00). January 1, 2012 through June 30, 2012 For January 1, 2012 through June 30, 2012, the Yakima Housing Authority shall pay the City a total of Ten Thousand Dollars ($10,000.00). July 31, 2012 through December 31, 2012 For July 31, 2012 through December 31, 2012, the Yakima Housing Authority shall pay the City a total of Ten Thousand Dollars ($10,000.00). January 1, 2013 through June 30, 2013 For January 1, 2013 through June 30, 2013, the Yakima Housing Authority shall pay the City a total of Ten Thousand Dollars ($10,000). July 1, 2013 through December 31, 2013 For July 1, 2013 through December 31, 2013, the Yakima Housing Authority shall pay the City a total of Forty -Eight Thousand Eight Hundred Thirty Nine Dollars and 50/100 ($48,839.50). Estimated annual salary and benefits of a Police Officer, Step E: $97,679 divided by 1/2 = $48,839.50. Six month salary of $48,839.50. $48,839.50 to be paid by Yakima Housing Authority. This figure represents 100% of the total cost of the Police Officer's six-month salary. However, as discussed in the fifth paragraph at the beginning of this Exhibit A entitled "Payment", if the salary and benefits of a Police Officer is higher than $97,679 for the period of July 1, 2013 through December 31, 2013, then the Yakima Housing Authority will pay 100% of the amount, subject to the renegotiation and agreement of the parties. January 1, 2014 through June 30, 2014 For January 1, 2014 through June 30, 2014, the Yakima Housing Authority shall pay the City a total of Forty -Eight Thousand Eight Hundred Thirty Nine Dollars and 50/100 ($48,839.50). Estimated annual salary and benefits of a Police Officer, Step E: $97,679 divided by 1/2 = $48,839.50. Six month salary of $48,839.50. $48,839.50 to be paid by Yakima Housing Authority. This figure represents 100% of the total cost of the Police Officer's six-month salary and benefits. However, as discussed in the fifth paragraph at the beginning of this Exhibit A entitled "Payment", if the salary .and benefits of a Police Officer is higher than $97,679 for the period of January 1, 2014 through June 30, 2014, then the Yakima Housing Authority will pay 100% of the amount, subject to the renegotiation and agreement of the parties. Agreement between Housing Authority of the City of Yakima and the City of Yakima for Law Enforcement Services - 18 • • • EXHIBIT B — INVOICE FORMAT INVOICE TO THE HOUSING AUTHORITY OF THE CITY OF YAKIMA ("YAKIMA HOUSING AUTHORITY") FROM THE CITY OF YAKIMA REGARDING THE "AGREEMENT BETWEEN HOUSING AUTHORITY OF THE CITY OF YAKIMA ("YAKIMA HOUSING AUTHORITY") AND THE CITY OF YAKIMA FOR LAW ENFORCEMENT SERVICES" City Contract Number: Name and Address of Contractor: City of Yakima Police Department Attn: Chief of Police and Deputy Chief 200 S. 3rd Street Yakima, WA 98901-2830 Agreement Quarter (circle applicable quarter): 1st Quarter, Year 3rd Quarter, Year 2nd Quarter, Year 4th Quarter, Year Amount Requested this Agreement Quarter, to be made payable to the "City of Yakima": Total Amount of Agreement Budget: Reimbursement to Date: Amount Requested this Agreement Quarter: Balance: The payment should be made payable to the "City of Yakima" and delivered or mailed as follows: City of Yakima Finance & Budget Department Attn: Tara Lewis, Financial Services Officer 129 N. 2nd Street, First Floor Yakima, WA 98901-2613 Invoice for City of Yakima, Prepared and Submitted By: Name: Title: SIGNATURE: Date: Coding (To be completed by Yakima Housing Authority staff): Agreement between Housing Authority of the City of Yakima and the City of Yakima for Law Enforcement Services - 19 EXHIBIT C — QUARTERLY NARRATIVE REPORT FORMAT YAKIMA POLICE DEPARTMENT QUARTERLY NARRATIVE REPORT: Please provide a brief summary of program activities, addressing the following issues for the service activities described within this Agreement: 1. Highlights: Describe highlights of program activities and accomplishments. 2. Performance Standards: Please describe progress toward the accomplishment of program objectives and standards. Also, please describe any performance guideline(s) not on target and provide explanation. 3. Crime Reduction Outcomes: Please describe examples of successful changes in crime trends in your communities. What lessons have you learned about your community policing efforts as a result of these changes? 4. Problems and Program Adjustments: Please describe any major problems identified and any solutions, corrective actions and/or adjustments made to your program to address identified problems. 5. Other Comments: Please provide any other comments or observations you wish. REPORTING SCHEDULE: This Quarterly Narrative Report should be submitted to Yakima Housing Authority no later than twenty (20) days after the close of each Agreement Quarter. Agreement Quarter Report Due 1st Quarter (July -Sept) September 20th 2nd Quarter (Oct -Dec) December 20th 3rd Quarter (Jan -Mar) April 20th 4th Quarter (April -June) July 20th Agreement between Housing Authority of the City of Yakima and the City of Yakima for Law Enforcement Services - 20 • • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. q For Meeting of June 1, 2010 ITEM TITLE: Consideration of a Resolution Authorizing an Agreement with the Yakima Housing Authority for one (1) Housing Authority Officer. SUBMITTED BY: Deputy Chief KeIIy Rosenow, Police Department CONTACT PERSON/TELEPHONE: Deputy Chief KeIIy Rosenow (509) 575-6210 SUMMARY EXPLANATION: The Yakima Housing Authority and the Yakima Police Department desire to enter into a four (4) year agreement to provide for an officer to reside and provide law enforcement services within the Yakima Housing Authority Complexes. This agreement with the Yakima Housing Authority is for a term of four (4) years commencing July 1, 2010 and ending June 30, 2014, and is jointly funded by the City of Yakima and the Yakima Housing Authority. Police officers residing and providing services in federally funded housing complexes has been in existence for a number of years. By residing in the complex the police officer has the ability to connect with the residents. This Agreement has been in negotiations for a number of months. The department had applied for COPS funding for a School Resource Officer to work in the West Valley School district. When the school district elected not to participate in the SRO program, the Yakima Housing Authority stepped forward requesting an officer to work in their neighborhoods complexes. (Continued on next page) Resolution X Ordinance Contract X Other (Specify) Funding Source General Fund APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Staff recommends the Council adopt the attached Resolution directing the City Manager to enter into Housing Officer Agreement with the Yakima Housing Authority. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: The highlights of the Agreement include: 1. The Yakima Housing Authority Agreement agrees to fund the difference between a top step police officer and an entry level police officer's salary/benefits for three years at $20,000 a year. In the fourth year the Yakima Housing Authority funds the entire cost of a top step police officer position. 2. The Yakima Housing Authority and the Yakima Police Department agreed to share the cost of a patrol vehicle including equipment. The Housing Authority will reimburse the city for the actual cost of a patrol vehicle over a two year time period. The Police Department agreed to fund the purchase of the equipment. 3. The Yakima Housing Authority will provide a housing unit to the assigned police officer for the time period of the Agreement. 4. The Agreement allows for the housing officer to work not only in the complexes, but also in the immediate surrounding neighborhoods. 5. The housing police officer will not only provide response to calls for service, but also work with the residents in various community policing activities, such as block watch, youth prevention/intervention programs, and assist the residents in obtaining various forms of services. Staff is requesting the City Council direct the City Manager to execute this agreement with the Yakima Housing Authority. O