HomeMy WebLinkAboutResolution No. 227RESOLUTION NO. 227
A resolution of the City Council of the City of Medina,
Washington, authorizing the City Manager to sign an agreement
for police services with the Town of Hunts Point.
WHEREAS, the City of Medina provides police services for
the Town of Hunts Point pursuant to interlocal agreement
which is due for renewal on January 1, 1995, now, therefore,
an
BE IT RESOLVED by the City Council of the City of Medina,
Washington, that:
Section 1. The City Manager is hereby authorized to sign
on behalf of the City the Agreement for Police Services
between the City of Medina and Town of Hunts Point in the form
attached hereto.
PASSED BY THE CITY COUNCIL ON THIS 12th DAY OF DECEMBER,
1994 AND SIGNED IN AUTHENTICATION OF ITS PASSAGE THE 12TH DAY
OF DECEMBER, 1994.
Approved as to from;
Kirk R. Wines, City Attorney
Attest:
L6)1Zd'Ek.
Lynn Batchelor, City Clerk
\med\res227
AGREEMENT FOR POLICE SERVICES
BETWEEN
CITY OF MEDZNA AND TOWN OF HUNTS POINT
In consideration of the mutual covenants and promises set
forth in this Agreement, and in the exercise of the authority
granted by the Interlocal Cooperation Act, Chapter 239, Laws
of 1967, codified as RCW 39.34, the city of Medina (hereafter
Medina), a municipal corporation, and the Town of Hunts Point
(hereafter Hunts Point), a municipal corporation, do hereby
agree as follows:
1. Purpose. The purpose of this Agreement is to provide
uniform and effective enforcement of law within the
jurisdictions of Medina and Hunts Point. Pursuant to this
purpose, these municipal corporations shall jointly exercise
police authority as set forth in this Agreement.
2. Police Services. Medina, through 'its Police
Department, shall provide full time, twenty-four hour police
services for Hunts Point, which will include:
A. Full-time patrol with a minimum of four patrols per
shift unless prevented by other police services. spot radar
enforcement as necessary to sensitize drivers of speed limits;
B. Immediate and appropriate response to calls, subject
only to necessary priorities among concurrent matters;
C. Patrolling down long driveways and lanes on an
irregular basis or as specifically requested;
D. Enforcement and investigation of criminal and traffic
law violations;
E. House checks when requested;
F. Advise Hunts Point as to situations of which the
patrolling officers have specific knowledge, affecting the
health, safety and public welfare of residents and visitors;
including inadequate, missing or broken traffic or safety
signs;
G. Advise Hunts Point of the need for new ordinances or
changes in existing ordinances to address enforcement
concerns;
H. Assist the Mayor in preparing Hunts Point's response
to queries from County, State and other jurisdictions in
matters relating to reports on law enforcement needs,
activities, jail facilities and other like matters;
I. Maintain close liaison with Hunts Point officials and
attend Hunts Point Council meetings and such special meetings
as appropriate and necessary;
J. Animal control services upon request;
K. Such other normal police services as may be required
for the health, safety and public welfare of the residents and
visitors of these municipalities.
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3. Administration. The Medina Chief of Police shall be
appointed the Marshal for Hunts Point and under the
administrative direction of the Mayor of Hunts Point shall
exercise all authority vested in that office.
The City Manager of Medina shall be responsible for the
administration of this Agreement. No joint acquisition of
real or personal property is contemplated hereunder.
4. cost of contract and Payments.
A. Hunts Point shall pay Medina the annual base contract
r
amount of $89,055.00 for 1995. For 1996 and subsequent years,
the annual base contract amount shall be calculated based upon
Hunts Point's pro rata share of the Medina Police Department
budget for the year, based on population, less costs
associated with marine patrol and prisoner board, plus the
Medina Police Department's share of Medina's budgeted
expenditures for automobile and liability insurance, office
supplies, building maintenance and equipment repairs. Payment
shall be made by Hunts Point to Medina on a quarterly basis.
- B. Hunts Point shall be separately responsible, for all
court costs, including: filing fees; indigent fee charges of
any kind, including the cost of appointed counsel or public
defender; actual charges incurred for mail services and jail
costs.
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C. Hunts Point shall be separately responsible for
arranging for and paying the cost of prosecution of all
criminal and traffic offenses and infractions.
D. Charges for disposal or lodging of animals shall be
billed at the amount incurred by Medina. Any funds received
n
from licensing of animals will be retained by Medina.
S. Additional Services.
A. Fees for extraordinary police services for which
Medina must contract with outside agencies will be billed to
Hunts Point in the amount that Medina is billed for such
services.
B. Hunts Point shall have the right to request
additional services for community events or other activities
requiring additional patrolling or other duties. If it is
necessary for Medina to employ additional officers to provide
such services, the fees for such services shall be billed to
Hunts Point at the hourly rate of the officers so employed.
6. Patrolling of shoreline. Medina does not assume any
responsibility under. this Agreement for patrolling the
shoreline or for any marine services which in the past were
rendered by other jurisdictions to Hunts Point, under contract
or otherwise.
L!
7. Duration and Termination. The period this Agreement
shall be for calendar years 1995 though 1999. In the event
Medina elects at any time to terminate its independent Police
Department, this Agreement and the rights and responsibilities
described herein shall terminate concurrently with the
termination of Medina Police Department.
This Agreement may be terminated on December 31st of any
year subject to this Agreement, only if written notice is
provided to the non -terminating party by the terminating party
on or before the first day of the preceding July, unless a
shorter terminating date is mutually agreed upon by both
parties.
a. Indemnity. Each party to this Agreement agrees to
defend, indemnify and hold harmless the other party and its
officers, employees, agents and elected officials from and
against any claim, damage, liability, judgment, cost, penalty,
attorney's fees, etc. on account of death or injury of any
person and/or on account of any property damage of any kind
arising from or in any manner connected with the police
services provided by Medina to the extent of each party's own
negligence. Provided, however, if any such claim arises,
based upon Medina's performance of services under this
Agreement, Medina's obligation to indemnify, defend and hold
harmless Hunts Points and its officers, employees, agents and
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elected officials shall be limited to the extent of the then
existing insurance limits maintained by Medina. Hunts Point
agrees to defend, indemnify and hold harmless Medina and its
officers, employees, agents and elected officials from and
against any claim, damage, liability, judgment, cost, penalty,
attorney's fees, etc. arising out of the enforcement of any
Hunts Point.ordinance which is declared to be unconstitutional
or otherwise invalid.
9. Benefit. This Agreement is entered into for the
benefit of the health, safety and welfare of the general
public, and not to create or otherwise establish or designate
any particular class or group of persons who will or should be
especially protected or benefited by its provisions. No
provision or portion of this Agreement may be used as a basis
for civil liability.
10. General Provisions.
A. This Agreement constitutes the entire agreement
between the parties, and both parties acknowledge that there
are no other agreements oral or otherwise that have not been
fully set forth in the text of this Agreement.
B. The parties hereby further agree that this Agreement
cannot be amended or modified without the written concurrence
of both parties.
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C. If any provision or portion of this Agreement is held
to be unconstitutional, invalid or unenforceable, Medina shall
have the right, at its option, to declare the Agreement void'
and enter into negotiations with Hunts Point for execution of
a new Agreement.
11. Notice. Any notice required to be given by Medina
to Hunts Point or Hunts Point to Medina shall be delivered to
the following parties at the following addresses:
City Clerk
City of Medina
P. O. Box 144
Medina, WA 98039
Town Administrator
Town of Hunts Point
3000 Hunts Point Road
Bellevue, WA 98004
Any notices may be either delivered personally to the address
of the notice or may be deposited in the United States mail,
postage prepaid, to the address set forth above. Any notice
so posted in the United States mail shall be deemed received
three (3) days after the date of mailing.
12. Effective Date. This Agreement shall be effective
January 1, 1995.
DATED this day of
CITY OF MEDINA
ty Manager
7
. 1994.
Attest/Authenticated:
dwLrb!:I�
City Cterk
APPROVED AS TO FORM:
BY: /� -, 2'
City Attorney
TOWN OF HUNTS POINT'
Mayor
Attest/Authenticated:
Town Clerk
APPROVED AS TO FORM:
BY: --!i vim✓
Town Attorney
NMMCON T
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