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Home My WebLink About08/18/2009 13 Narcotics Unit Interlocal Agreement; CCNU Termination and Asset Distribution Plan • • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. * 1 . 3 For Meeting of August 18; 2009 ITEM TITLE: Consideration of a Resolution terminating the second amended Yakima City /County Narcotics Unit Interlocal Agreement and setting forth the plan for distribution of assets. SUBMITTED BY: Samuel Granato, Chief of Police CONTACT PERSON/TELEPHONE: Samuel Granato, Chief of Police — 575 -6211 SUMMARY EXPLANATION: The City /County Narcotics Unit was formed by interlocal agreement in 1991 and modified in May 1992. Parties to this interlocal agreement are the City of Yakima, County of Yakima, and City of Union Gap. . All parties now believe it is in their mutual best interests to terminate this agreement and dissolve the City /County Narcotics Unit. The interlocal agreement sets forth the provisions for a distribution of assets, by all parties to the agreement, in the case of termination of the agreement and dissolution of the Unit. Resolution X Ordinance Contract Other (Specify) Termination of Interlocal Agreement Funding Source N/A APPROVED FOR SUBMITTAL: y • 4 City Manager ' STAFF RECOM'. ENDATION: Terminate the Second Amended Yakima City /County Narcotics Unit Interlocal Agreement, Dissolve the City /County Narcotics Unit, and distribute.CCNU assets as set forth in the attached Termination Agreement. BOARD /COMMISSION RECO' MENDATION: COUNCIL ACTION: • • RESOLUTION NO. R -2009- A RESOLUTION terminating the City County Narcotics Unit Interlocal Agreement between the City of Yakima, County of Yakima and City of Union Gap, thereby dissolving the City /County Narcotics Unit and setting forth the method of distribution of CCNU assets. WHEREAS, the City of Yakima, County of Yakima, and City of Union Gap entered into an interlocal agreement on March 19,1991 forming the City /County Narcotics Unit; and WHEREAS, this interlocal agreement was modified on May 6, 1992 to add language regarding the distribution of assets should the City /County Narcotics Unit be dissolved; and WHEREAS, all parties to the agreement now believe it is in their mutual interests to terminate this interlocal agreement and dissolve the City /County Narcotic Unit; and WHEREAS, all parties have agreed upon distribution of assets as set forth in the termination agreement, now, therefore, E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: 110 1. The City Manager or his designee is hereby authorized and directed to execute the attached and incorporated Termination of Second Amended Yakima City /County Narcotics Unit Interlocal Agreement, thereby dissolving the City /County Narcotics Unit and establishing the method and time for distribution of CCNU assets. Alt • PTED BY THE CITY COUNCIL this 18"' day of August, 2009. David Edler, Mayor ATTEST: City Clerk • • TERMINATION OF SECOND AMENDED YAKIMA CITY /COUNTY (NARCOTICS UNIT INTERLOCAL AGREE ENT This Interlocal agreement is made and entered into pursuant to the provisions of Chapter 39.34 RCW, by and among the City of Yakima, the City of Union Gap and the County of Yakima. RECITALS: 1. The City of Yakima and Yakima County entered into a written Yakima .. City /County. Narcotics Unit Interlocal Agreement on March 19, 1991, to provide a formal organization, to centralize supervision and to enhance efforts of the law enforcement agencies to combat controlled substance trafficking (hereinafter "CCNU"). The City of Union Gap joined the City /County Narcotics Unit by amendment to that agreement dated October 16, 1991_ 2. The City of Yakima, the City of Union Gap, and the County of Yakima entered into the Second Amended Yakima City /County Narcotics Unit Interlocal Agreement on May 6, 1992 the purpose of which was to change the disposition of donated funds, in the event of dissolution of the unit, as provided for in Section 6.c of the • Second Amended Interlocal Agreement. 3. The City of Yakima, the City of Union Gap, and Yakima County mutually agree that the Second Amendment Yakima City/County Narcotics Unit Interlocal Agreement should be terminated and all property loaned to the unit by the participating agencies and all forfeited property and money remaining in the units possession should be divided between the parties as set forth in Section 6.c of the Second Amended Interlocal Agreement. Now, therefore, the parties hereto through their respective legislative bodies, do hereby agree as follows: SECTION 1. TER` "(NATION OF SECOND A = "ENDED INTERD_OCAB_ AG EEMENT. The Second Amended Yakima City /County Narcotics Unit Interlocal Agreement is terminated effective May 31, 2009, SECTION 2. DIST!-' BUTIOs ,• -F ASSETS. All forfeited property, equipment, other property and all money remaining in the various bank accounts of CCNU shall be distributed as set forth below: 1. All property of CCNU currently being used and/or in the possession of any previously participating agency or department other than CCNU shall Termination of Second Amended Yakima City /County Narcotics Unit Interlocal Agreement — Page 1 immediately be retumed to the unit, except that property being retained by any previously participating agency or department, in which case said agency or department shall be responsible for valuation and reporting of the retained asset(s) to the previously participating agencies or departments and the Board for consideration when dividing CCNU assets among the former participants. 2. The distribution of CCNU funds shall be made as follows: (1) 10% of the total funds shall go the Yakima County Prosecuting Attomey's Office; (2) the balance (90 %) shall be distributed in accordance with the number of officer months spent in CCNU by officers of the Yakima County Sheriff's Office, Yakima Police Department and the Union Gap Police Department for the period of January 1, 2007 to December 31, 2008, as provided in paragraph 3, below. 3. The distribution of the 90% identified in paragraph 2, above, shall be based on 5 members in CCNU in 2007, and 4 in CCNU in 2008, with the resulting percentages applying to the distribution: (1) Yakima County Sheriff's Office — 20% for 2007 and 25% for 2008; (2) Yakima Police Department — 60% for 2007 and 75% for 2008; and (3) Union Gap Police Department — 20% for 2007. 4. The initial distribution noted above shall be comprised of funds from the federal seizure funds, and shall be distributed on or before September 15, 2009. 110 5. A reserve fund of 50% of the state funds in the CCNU account will be maintained for payment of miscellaneous expenses associated with property disposition and agency closeout. The reserve fund shall be distributed in accordance with paragraphs 2 and 3, above, when all miscellaneous expenses associated with property disposition and agency closeout are completed. 6. The balance of state funds currently in a CCNU account, or which shall be received into a CCNU account after effective termination, together with any additional federal seizure funds received, and the value of any vehicles or other equipment retained by any previously participating agency, shall be distributed in accordance with paragraphs 2 and 3, above, and the initial distribution shall occur on or about January 31, 2010. 7. No other disbursements of CCNU assets shall be made for other expenses of any nature, except those necessary for the disposal of seized assets, payment of storage fees, reimbursement to the Yakima Police Department for Scott Levno and to the Yakima County Prosecuting Attorney's Office for Odella Jordan, or their respective replacements, who Termination of Second Amended Yakima City /County Narcotics Unit Interlocal Agreement — Page 2 shall be responsible to finalize forfeiture and disposal of seized property or expenses as approved by the Board. SECTION 3. FILING. Upon execution hereof, this Agreement shall be filed with the Clerks of the cities of Yakima and Union Gap, the Auditor of the County of Yakima, the Secretary of State, and such other governmental agencies as may be required by law. IN WITNESS WHEREOF the participating jurisdictions have caused this Agreement to Terminate the Second Amended Yakima City /County Narcotics Unit Interlocal Agreement to be executed on the day of , 2009 as set forth hereinabove. CITY OF YAKIMA CITY OF UNION GAP By: By: Richard Zais, Jr., Jim Lemon, Mayor date City Manager Attest: • City Clerk date Attest: City Clerk date APPROVED AS TO FORM: COUNTY OF YAKIMA J. Rand Elliott, Chairman Terry D. Austin, Chief Civil Deputy Prosecuting Attomey Michael D. Leita, Commissioner Kevin J. Bouchey, Commissioner Constituting the Board of County Commissioners for Yakima County, Washington By: Christina Steiner date Clerk of the Board • Termination of Second Amended Yakima City /County Narcotics Unit Interlocal Agreement — Page 3