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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. 2 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. 3 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 5 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. 6 1 9 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 8