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HomeMy WebLinkAboutR-1992-D6166 Coalition / War on DrugsD-6166 City of Yakima RESOLUTION NO. 448-1992 Yakima County A JOINT RESOLUTION: of the City of Yakima, Yakima County, Educational Services District 105, and Yakima School District No. 7 dissolving the Interlocal Cooperative Agreement for the financing and operation of the County -Wide Coalition for the War on Drugs. WHEREAS, the Yakima County Coalition for the War on Drugs was formed in July of 1988 by Interlocal Cooperative Agreement between the City of Yakima, Yakima County, and Yakima County School District No. 7; and WHEREAS, the Coalition in December of 1989 amended its Interlocal Cooperative Agreement to include Educational Services District 105; and WHEREAS, the parties find that the current legal structure of the Coalition is cumbersome in achieving the Coalition's missions and goals; and WHEREAS, the City of Yakima, Yakima County, Yakima School District No. 7, and Educational Services District 105, the parties, desire to dissolve their Interlocal Cooperative Agreement so as to allow the missions and goals of the Coalition to be performed by the newly formed private non-profit corporation, the Yakima County War on Drugs, Inc., now, therefore, BE IT RESOLVED BY THE GOVERNING BOARDS OF THE PARTIES AS FOLLOWS: Section 1. The Yakima County Coalition for the War on Drugs created by the Interlocal Cooperative Agreement for the financing and operation of the County - Wide Coalition for the War on Drugs shall be dissolved effective August 31, 1992. Section 2. To accomplish this dissolution, the financial officers of each of the parties under the leadership of the Director of Finance of the City of Yakima in cooperation with the Administrator of the Coalition are hereby directed to inventory and marshal all assets and liabilities of the Coalition and to dispose of them all according to the terms of Article 8 of the First Amendatory Interlocal Cooperative Agreement for the financing and operation of the County -Wide Coalition for the War on Drugs, a true copy of which is attached and incorporated into this resolution. In particular, the Director of Finance, with the cooperation of the Coalition Director shall determine which assets, controlled by the Coalition, may be transferred to the Yakima County Substance Abuse Coalition Inc. Section 3. The final distribution or collection of ad.ditional assessments shall coincide with the date in Section 1 of this resolution. The City of Yakima's Director of Finance shall mail to each party a final accounting prior to the date of dissolution. 1 res/coalition.jv Section 4. Assets shallbe distributed to the parties no later than the date mentioned in Section 1 of this resolution. Provided, however, that each party may elect and waive distribution or apply its distribution of assets towards a service contract with the Yakima County Coalition for the War on Drugs, Inc. Section 5. In the event of a deficiency in necessary assets for the dissolution of the Coalition, all parties to this agreement will submit their pro rata additional assessment in order to satisfy the final accounting of the Coalition. Section 6. All parties understand and agree that monetary grants, other than from the parties hereto, shall be the property of the successor of the Coalition, the Yakima County Substance Abuse Coalition, Inc., provided, that such grants were subject to conditions which cause them to come under the control of said corporation. ADOPTED BY TIIE GOVERNING BODIES OF EACH OF THE PARTIES ON TIIE DATE INDICATED BELOW. Commissioner CITY OF YAKIMA: —172 itis' Mayor ATTEST: City Clerk Dated: (L- 4,--: %)t /9 -- YAKIMA SCHOOL DISTRICT NO. 7 Member, School Board Membez:.. School dj Member, School BoZZ res/coalition jv 2 Member, c ool Board Member School Board Superintend t Dated: 9.�� EDUCATIONAL SERVICES DISTRICT 105 -/, - o d Member Boar mber Board M '41, Boar Member k(quice.ta. Boar • Member 3 res/coalition.jv Boar Member Board Member ATTEST: Superii Dated: FIRST AMENDATORY INTERLOCAL COOPERATIVE AGREEMENT FOR THE FINANCING AND OPERATING OF THE COUNTY -WIDE COALITION FOR THE WAR ON DRUGS WHEREAS, Educational Service District No. 105 desires to become a party to the Interlocal Cooperative Agreement for the Financing and Operating of the County -wide Coalition for the War on Drugs, now in effect, and the parties to said Agreement wish to add the Educational Service District No. 105 to said Agreement under the following terms and conditions and hereby amend said Agreement to read as follows: This agreement by and between Yakima School District No. 7 (hereinafter referred to as the "District") and Yakima County (hereinafter referred to as the "County") and the City of Yakima (hereinafter referred to as the "City") and Educational Service District No. 105 (hereinafter referred to as "ESD"), providing for the establishment and implementation of the County -wide Coalition for the War on Drugs (hereinafter referred to as the "Coalition"), pursuant to statutory provisions of RCW 39.34, The Interlocal Cooperation Act, which provides for the joint exercise of powers among the following Parties: Yakima County, City of Yakima, Yakima School District No. 7, and Educational Service District No. 105. It is agreed by and between the several Parties hereto as follows: 1. Needs and Purpose of the Operation. The Coalition is established to provide a liaison between all community agencies which will implement and coordinate a comprehensive preventative drug program year round. The Coalition will seek to increase public awareness regarding drug use and trafficking, seek affirmative local response in the area of adolescent and adult treatment, counseling services, family crisis and detoxification units, after-care and re-entry programs, support law enforcement efforts, develop a program model that will provide training for community volunteers, schools, business, parents, churches and civic groups and other interested parties in the aspect of drug use identification, intervention skills and the concepts of support group activities in order to provide a united effort in creating a drug-free environment. 2. Duration. The term of this Agreement shall be from the date of execution to September 1, 1990, and shall automatically renew thereafter from September 1 to August 31 of each year, absent -1- (Agr/War.dru) written notice of termination or withdrawal given by any Party sixty (60) days prior to August 31. 3. Location of Serving Facilities. The Coalition program will be conducted and housed at a site located within the boundaries of the County, as agreed to by the Parties. 4. Administrative Operation. a. Board of Directors Created. A board of directors is hereby created to be known as the Board of Directors for the County -wide Coalition for the War on Drugs, hereinafter referred to as the "Board". The Board of Directors shall consist of nine (9) members. Two (2) members will be designated by the City Council, two (2) members designated by the County Commissioners, two (2) members designated by the District School Board, two (2) members designated by the ESD and one (1) member chosen by majority vote of the eight (8) members selected as set forth above. That member, chosen by the other eight (8) members, shall be confirmed by all Parties to this Agreement prior to the appointment becoming effective. The members of the Board shall serve without compensation. Members shall be reimbursed for actual expenses incurred related to their duties. The term of a Board member shall be for two (2) years. A board member may be appointed for successive terms. b. Quorum and Manner of Action. At all meetings of the Board, a majority of members in office at the time shall be sufficient to constitute a quorum. Every act or decision done or made by the majority of the Board present at a meeting duly held, at which a quorum is present and acting, shall be regarded as an act of the Board. c. Removal. Any member may be removed at will by the party that appointed him/her, and the ninth member appointed by the Board may be removed at will by agreement between the City, County, District and ESD. d. Resignation and Vacancies. Any member may resign at any time by giving written notice to the entity that originally appointed him/her. The resignation shall take effect at the time specified therein or if no time is specified, upon delivery thereof any, unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make said notice effective. -2- (Agr/War.dru) e. Vacancy. A vacancy in the Board shall be deemed to exist in the event of the death, resignation or removal of any members. Any vacancy shall be filled by the party making the original appointment, or in the case of a vacancy in the position filled by agreement between the parties, it will be filled by an individual recommended by the Board and agreeable to the Parties hereto. f. Powers and Duties of the Board. The Board shall have authority over the development and operation of the Coalition created under this Agreement. The Board shall have the following duties: To formulate and establish policy relating to the operation of the Coalition; receive and act on recommendations from District, City, County and ESD staff, the business community and the community at large; formulate rules and regulations concerning all aspects of the operation and implementation of the Coalition created under this Agreement; set policy; and to take any other action necessary for the operation or governance of the Coalition. Subject to the guidance and control of the Board, the day to day operations of the Coalition shall be the responsibility of the Director. The Director shall implement the decisions of the Board. The above listed duties of the Board shall not be exclusive, but shall be limited to the purposes stated in this Agreement. The Board shall determine organization and level of staff and employees for the Coalition, and subject to those determinations the employees of the Coalition shall be chosen by the Director and shall be employees of the Coalition, which shall have the sole and exclusive authority to discipline and terminate employees. Provided, that the Board shall determine the elimination of positions or persons necessitated by reductions in available funds. Provided further, that the Director of the Coalition shall be chosen by the Board and shall thereafter be employed by the Board, which shall have the sole and exclusive authority to discipline and terminate the Director under any applicable agreement. Neither the Director nor employees of the Coalition shall be deemed employees of the City, County, District or ESD. The Board shall have the power to buy, sell, lease, and own real and personal property. -3- (Agr/War.dru) g. Budget. The budget for the operation of the Coalition shall be prepared and approved in the following manner: The Board shall prepare a preliminary budget covering the proposed operation and financing of the Coalition by July 1 of each year and shall distribute the preliminary budget to the Parties to this Agreement. A final budget shall be submitted to the Parties by September 1 of each year and said budget shall show an estimate of the net cost to each participating Party. The budget shall be implemented subject to the individual approval of each Party. 5. Description of the Joint Financing Arrangement. a. Budget. It is hereby mutually agreed that the following monetary contributions shall be made by the respective Parties for the administrative expenses of the Coalition. Monetary contributions by the Parties shall be made in equal installments, due by the first day of each quarter of the Agreement year. Administrative expenses shall include the Director's and employees' salaries and benefits, office space, utilities and other non -program expenses. Administrative Expenses Parties Contribution of Parties Yakima School Dist. #7 1/4 City of Yakima 1/4 Yakima County 1/4 ESD #105 1/4 The Parties to this Agreement further mutually agree that donations received from community service clubs, professional groups, government grants and/or professional sponsors for the purposes of this Agreement shall be contributed to the Coalition budget by any of the Parties receiving such donations or grants. It is the intent of the Parties that after administrative expenses have been paid, grants, gifts, contributions of the Parties or other donations may be used for the Coalition's programs. The responsibility for pooling, accounting and dispersing of the Coalition's funds shall be with the City, and the City shall receive reimbursement for the cost of said services. All funds and property of the Coalition shall be used solely for the purposes of the Coalition as stated in this Agreement. -4- (Agr/War.dru) Funds of the Coalition shall be subject to an annual audit by the Washington State Examiner. The County, ESD and District shall provide all other in kind services or contributions, subject to the approval of the County, ESD and District respectively. If such services or contributions are provided, the County, ESD or District shall be reimbursed the cost by the Coalition. b. Administrative Cost. Every attempt will be made to administer the Coalition from revenue other than the contributions of participating parties. 6. Coalition Council. The Board shall establish a Coalition Council made up of the following committees: Education, Legislative, Treatment & Counseling, Law & Justice, and Community Resources. The members shall be appointed by majority vote of the Board, from nominations received by the Board. The committees shall make recommendations to the Board, and carry out those duties assigned by the Director, consistent with the policies established by the Board. 7. Withdrawal. It is hereby agreed that withdrawal by any party hereto shall be on an orderly basis. Land, improvements and equipment purchased for the Coalition shall be the property of, and remain with, the Coalition for the operation of the Coalition. In the event that one (1) party desires to withdraw from the Coalition, such party desiring to withdraw shall give notice in writing to the Parties no later than sixty (60) days prior to the end of this Agreement. The withdrawing party shall not be entitled to any property or assets accumulated under this Agreement. The withdrawal shall become effective August 31 of the contract year. Should three (3) or more Parties desire to withdraw, the contract shall be deemed to be dissolved according to Section 8 of this Agreement. However, in the event new Parties are included in this Agreement, pursuant to Section 10 herein, then as a condition of admission of new Parties this Section shall be renegotiated. 8. Distribution of Assets at Dissolution. Distribution of assets at dissolution, in the event the Coalition is to be dissolved, shall be distributed equally among the Parties in accordance with the following provisions: -5- (Agr/War.dru) a. Priorities. 1. The cost of dissolving the Coalition, including all outstanding liabilities, debts and obligations shall be paid prior to any distribution of assets to the Parties under this Agreement. 2. All funds, cash, real property and personal property traceable to any outside source shall be subject to any conditions imposed by that source. The Board shall take appropriate actions to comply with such conditions prior to distribution of assets under this Agreement. 3. All cash and funds on hand at the time of dissolution shall be first applied to the costs of dissolving the Coalition. In the event that such cash and funds are insufficient, the net proceeds from the liquidation of personal property of the Coalition shall be next applied to such costs. In the event the proceeds from the liquidation of the personal property of the Coalition are not sufficient to pay the costs of dissolution, the net proceeds from the disposition of the real property of the Coalition shall be applied to such costs. 4. In the event the proceeds from liquidation of all assets of the Coalition are insufficient to pay the costs of dissolution and any other liabilities, debts or obligations of the Coalition, the Parties hereto agree to be bound jointly liable for such costs, debts, liabilities or obligations. b. Personal Property. All personal property will be liquidated by the Coalition under the supervision of the Board. Proceeds remaining after compliance with Section 8(a) of this Agreement shall be distributed pro rata to the participating Parties based upon the portion of their total contribution toward the personal property of the Coalition at the time of dissolution. c. Real Property. All real property owned or leased by the Coalition pursuant to this Agreement, including any existing or subsequent improvement thereto, shall be subject to the terms and conditions of any written agreements by which such property is acquired. The Coalition Board of -6- (Agr/War.dru) Directors shall take appropriate actions to comply with any such terms or conditions prior to liquidation and distribution of assets pursuant to Section 8(a) and final dissolution of this Agreement. 9. Gifts. The Coalition may receive legal gifts or cash, or other donations, equipment or services, from any source whatsoever, subject to the approval of the Board. 10. Admission of New Parties. New Parties may be admitted subject to re -negotiation of this Agreement. It is the intent of the Parties that any new member to this Agreement shall share future administrative expenses of the Coalition on an equitable basis. Effective October 1, 1989, ESD will be added as a Party to the Amendatory Agreement. ESD will commence making contributions pursuant to Section 5 effective October 1, 1989. 11. Compliance with Law. The Coalition shall comply with all applicable local, state and federal laws, rules and regulations, with specific recognition of such laws, rules and regulations applicable to cities, counties and school districts. 12. Meetings. Meetings shall be held at such place in Yakima County as may be designated in the notice of meeting or by resolution of the Board. Notice of meetings shall be given in accordance with the Open Public Meetings Act, as set forth in RCW 42.30. The Board shall provide for the holding of regular meetings and will fix the time and place of holding such meetings. Minutes of the meetings shall be public record and open to public inspection. 13. Bonding. Within thirty (30) days of execution of this Agreement, the Board shall obtain and maintain in effect during the term of this Agreement, fidelity bonding for the Director of the Coalition in the amount of Twenty -Five Thousand Dollars ($25,000) and a blanket fidelity bond policy for the Board members and all other coalition employees in the amount of Five Thousand Dollars ($5,000) per occurrence, said bonds to be conditioned upon the faithful discharge of duties as required by this Agreement and the laws of the State of Washington. Said bonds shall name the City, County, ESD and District as additional named insureds on the policy. The cost for obtaining said bonds will be paid by the Coalition. 14. Indemnification. Each party to this Agreement shall defend and indemnify its respective appointees to the Board of the Coalition against all claims and lawsuits arising out of the performance of their duties as Coalition Board members. Further, -7- (Agr/War.dru) the Parties agree to jointly defend and indemnify that Boardmember chosen by the other eight (8) Board members and confirmed by the Parties, and the employees and Director of the Coalition, against all claims and lawsuits arising out of the performance of their duties as Board members, employee(s) or Director of the Coalition. Provided, no indemnification shall be made for claims or lawsuits arising out of willful misconduct or criminal acts, or in cases where timely notice of a claim or lawsuit is not provided to the Parties to this Agreement, or in cases where the Board member(s), employee(s) or the Coalition Director fail to give full cooperation to the Parties to this Agreement for the defense of any claim or lawsuit. 15. Insurance. The Coalition shall obtain and provide evidence of general property, fire, premises liability and vehicle insurance in amounts agreed to by the Parties to this Agreement. All insurance obtained shall name the City, County, ESD and District, together with their officers, agents and employees, as additional named insureds on the policy. 16. Amendment. This Agreement may be amended by written mutual agreement of all Parties hereto. 17. Severability. Should any portion, term, condition or provision of this Agreement be decided by a court of competent jurisdiction to be illegal or in conflict with the laws of the State of Washington, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining portions, terms, conditions and provisions shall not be effected thereby. 18. Savings Clause. This Agreement is entered into pursuant to RCW 39.34, the Interlocal Cooperation Act, and is subject to the laws of the State of Washington. -8- (Agr/War.dru) IN WITNESS WHEREOF, the Parties hereto cause this Agreement to be duly executed as set forth below: YAK MA COUNTY: on r/ Commissions ATT ES CI of the Boa Da d: JQ • 10 YAKIMA SCHOOL DISTRICT NO. 7: Member, School Board/ Member, School Board Member, School Board Superintendent Dated: (Agr/War.dru) CITY OF YAKIMA: City Manager ATTEST: City Clerk Dated: City Contract No. Resolution No. Member, School Board bra -79.5 MemberSchool Board -9- EDUCATIONAL SERVICE DISTRICT 105: Board M tuber Board Member Board Member Bard Member Board Member 5ord Member A Board Membr i. ATTEST:)) Superinten nt Dated: ( .11j / /9.667 t 7 (Agr/War/dru) -]0 RESOLUTION NO. 0 5644 A RESOLUTION authorizing execution of the First Amendatory Interlocal Cooperative Agreement for the Financing and Operating of the County -wide Coalition for the War on Drugs. WHEREAS, City of Yakima, Yakima County, and Yakima School District No. 7 entered into an Interlocal Cooperative Agreement for the Financing and Operating of the County -wide Coalition for the War on Drugs in June of 1988; and WHEREAS, said Agreement allowed for addition of other parties with the consent of the existing parties; and WHEREAS, ESD 105 wishes to join the Coalition effective October 1, 1989 and the existing parties agree to allow ESD 105 to join the Coalition; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk are hereby authorized and directed to execute the First Amendatory Interlocal Cooperative Agreement for the Financing and Operating of the County -wide Coalition for the War on Drugs, (a true copy of which is attached hereto and incorporated herein), and it is FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Clerk is hereby directed to circulate said Agreement to all parties to said Agreement for the purpose of obtaining the signatures of all such parties. ADOPTED BY THE CITY COUNCIL this day of September, 1989. ATTEST: City Clerk (res/ICA) C;),ezi ,deA.kLe# Mayor AMENDMENT TO INTERLOCAL COOPERATIVE AGREEMENT FOR THE FINANCING AND OPRATION OF THE COUNTY -WIDE COLIATION FOR THE WAR ON DRUGS WHEREAS, on July 19, 1988 the City of Yakima, Yakima County, and School District No. 7 entered into an interlocal cooperation agreement entitled "Interlocal Cooperative Agreement For The Financing And Operation Of The County -Wide Coalition For The War On Drugs"; and WHEREAS, the parties wish to amend Section 4. f. and Section 8. b. to read as follows "4. f. Powers and Duties of the Board. The Board shall have authority over the development and operation of the Coalition created under this Agreement. The Board shall have the following duties: To formulate and establish policy relating to the operation of the Coalition; receive and act on recommendations from District, City and County staff, the business community and the community at large; formulate rules and regula- tions concerning all aspects of the operation and imple- mentation of the Coalition created under this Agreement; set policy; and to take any other action necessary for the operation or governance of the Coalition. Subject to the guidance and control of the Board, the day to day operations of the Coalition shall be the responsibility of the Director. The Director shall implement the decisions of the Board. The above listed duties of the Board shall not be exclusive, but shall be limited to the purposes stated in this Agreement. The Board shall determine organization and level of staff and employees for the Coalition, and subject to those determinations the employees of the Coalition shall be chosen by the Director and shall be employees of the Coalition, which shall have the sole and exclu- sive authority to discipline and terminate employees. Provided, that the Board shall determine the elimination of positions or persons necessitated by reductions in available funds. Provide further, that the Director of the Coalition shall be chosen by the Board and shall thereafter be employed by the Board, which shall have the sole and exclusive authority to discipline and terminate the Director under any applicable agreement. Neither the Director nor employees of the Coalition shall be deemed employees of the City, County or District. The Board shall have the power to buy, sell, lease, and own real and personal property, however, the Parties to this Agreement shall approve the sale, lease or purchase of real and personal property in excess of ten thousand dollars ($10,000)." "8. b. Personal Property. All personal property will be liquidated by the Coalition under all Parties siontoff the Board and with the approval Agreement. Proceeds remaining after compliance with Section 8(a) of this Agreement shall be distributed pro rata to the participating Parties based upon the portion of their total contribution toward the personal property of the Coalition at the time of dissolution. COALIT.AGR/G10 1 With the exceptions of the amendments which have been set out above, the remainder of the aforementioned interlocal cooperative agreement shall remain in full force and effect. YAKIMA COUNTY: Comm Comm. Commissioner ATTES : 4 ko/ the Da ed: • YAKIMA SCHOOL DISTRICT NO. 7 Member, School Board Member, School Board ATTEST: Superintendent Dated: 1-10-89 COALIT.AGR/G10 2 CITY OF YAKIMA: City Manager ATTEST: City Clerk Dated: S' cSchool oard Member, School Board RESOLUTION NO. I) eft 55 3 0 A RESOLUTION authorizing the City Manager to execute an amendment to the Interlocal Cooperative Agreement For The Financing And Operation Of The County -Wide Coalition For The War On Drugs. WHEREAS, on July 19, 1988 the City of Yakima entered into an interlocal cooperation agreement with Yakima County and Yakima School District No. 7 which agreement is entitled "Interlocal Cooperative Agreement For The Financing And Operation Of The County -Wide Coalition For The War On Drugs"; and WHEREAS, the parties to said interlocal cooperative agreement wish to amend Sections 4. f. and 8. b. of said agreement for the purpose of giving to the parties greater fiscal control over the entity created by said agreement, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk of the City of Yakima are hereby authorized and directed to execute an Amendment To Inter- local Cooperative Agreement For The Financing And Operation Of The County -Wide Coalition For The War On Drugs a true copy of which is attached hereto and incorporated herein by reference. ,11^' ADOPTED BY THE CITY COUNCIL, this ;9-,G) day of December, 1988. ATTEST: ›S City — City Clerk COALIT.RES/G9 Mayor INTERLOCAL COOPERATIVE AGREEMENT FOR THE FINANCING AND OPERATION OF THE COUNTY -WIDE COALITION FOR THE WAR ON DRUGS This agreement by and between Yakima School District No. 7 (hereinafter re- ferred to as the "District") and Yakima County (hereinafter referred to as the "County") and the City of Yakima (hereinafter referred to as the "City"), providing for the establishment and implementation of the County -wide Coalition for the War on Drugs (hereinafter referred to as the "Coalition"), pursuant to statutory pro- visions of RCW 39.34, The Interlocal Cooperation Act, which provides for the joint exercise of powers among the following Parties: Yakima County, City of Yakima, Yakima School District No. 7. It is agreed by and between the several Parties hereto as follows: 1. Needs and Purpose of the Operation. The Coalition is established to provide a liaison between all community agencies which will implement and coordinate a comprehensive preventative drug program year round. The Coalition will seek to increase public awareness regarding drug use and trafficking, seek affirmative local response in the area of adolescent and adult treatment, counseling services, family crisis and detoxification units, after-care and re-entry programs, support law en- forcement efforts, develop a program model that will provide training for commu- nity volunteers, schools, businesses, parents, churches and civic groups and other interested parties in the aspects of drug use identification, intervention skills and the concepts of support group activities in order to provide a united effort in cre- ating a drug-free environment. 2. Duration. The term of this Agreement shall be from the date of execution to September 1, 1988, and shall automatically renew thereafter from September 1 to August 31 of each year, absent written notice of termination or withdrawal given by any Party sixty (60) days prior to August 31. 3. Location of Serving Facilities. The Coalition program will be conducted and housed at a site located within the boundaries of the County, as agreed to by the Parties. 4. Administrative Operation. a. Board of Directors Created. A board of directors is hereby created to be known as the Board of Directors for the County -wide Coalition for the War on Drugs, hereinafter referred to as the "Board". The Board of Directors shall consist of seven (7) members. Two (2) members will be designated by the City Council, two (2) members designated by the County Commissioners, two (2) members designated by the District School Board and one (1) member chosen by majority vote of the six (6) members selected as set forth above. That member, chosen by the other six (6) members, shall be confirmed by all Parties to this Agreement -1- prior to the appointment becoming effective. The members of the Board shall serve without compensation. Members shall be reimbursed for actual expenses incurred related to their duties. The term of a Board member shall be for two (2) years. A Board member may be appointed for successive terms. b. Quorum and Manner of Action. At all meetings of the Board, a majority of members in office at the time shall be sufficient to constitute a quorum. Every act or decision done or made by the majority of the Board present at a meeting duly held, at which a quorum is present and acting, shall be regarded as an act of the Board. c. Removal. Any member may be removed at will by the municipality that appointed him/her, and the seventh member appointed by the Board may be removed at will by agreement between the City, County and District. d. Resignation and Vacancies. Any member may resign at any time by giv- ing written notice to the entity that originally appointed him/her. The resigna- tion shall take effect at the time specified therein or if no time is specified, upon delivery thereof and, unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make said notice effective. e. Vacancy. A vacancy in the Board shall be deemed to exist in the event of the death, resignation or removal of any member. Any vacancy shall be filled by the municipality making the original appointment, or in the case of a vacancy in the position filled by agreement between the parties, it will be filled by an indi- vidual recommended by the Board and agreeable to the Parties hereto. f. Powers and Duties of the Board. The Board shall have authority over the development and operation of the Coalition created under this Agreement. The Board shall have the following duties: To formulate and establish policy re- lating to the operation of the Coalition; receive and act on recommendations from District, City and County staff, the business community and the community at large; formulate rules and regulations concerning all aspects of the operation and implementation of the Coalition created under this Agreement; set policy; and to take any other action necessary for the operation or governance of the Coalition. Subject to the guidance and control of the Board, the day to day opera- tions of the Coalition shall be the responsibility of the Director. The Director shall implement the decisions of the Board. The above listed duties of the Board shall not be exclusive, but shall be limited to the purposes stated in this Agreement. The Board shall determine organization and level of staff and employees for the Coalition, and subject to those determinations the employees of the Coalition shall be chosen by the Director and shall be employees of the Coalition, which shall have the sole and exclusive authority to discipline and terminate employ- -2- ees. Provided, that the Board shall determine the elimination of positions or persons necessitated by reductions in available funds. Provide further, that the Director of the Coalition shall be chosen by the Board and shall thereafter be em- ployed by the Board, which shall have the sole and exclusive authority to disci- pline and terminate the Director under any applicable agreement. Neither the Director nor employees of the Coalition shall be deemed employees of the City, County or District. The Board shall have the power to buy, sell, lease, and own real and personal property. g. Budget. The budget for the operation of the Coalition shall be prepared and approved in the following manner: The Board shall prepare a preliminary budget covering the proposed operation and financing of the Coalition by July 1 of each year and shall distribute the preliminary budget to the Parties to this Agreement. A final budget shall be submitted to the Parties by September 1 of each year and said budget shall show an estimate of the net cost to each partici- pating Party. The budget shall be implemented subject to the individual approv- al of each Party. 5. Description of the Joint Financing Arrangement. a. Budget. It is hereby mutually agreed that the following monetary contributions shall be made by the respective Parties for the administrative ex- penses of the Coalition. Monetary contributions by the Parties shall be made in equal installments, due by the first day of each quarter of the Agreement year. Administrative expenses shall include the Director's and employees' salaries and benefits, office space, utilities and other non -program expenses. Parties Yakima School District No. 7 City of Yakima Yakima County Administrative Expenses Contribution of Parties 1/3 1/3 1/3 The Parties to this Agreement further mutually agree that donations received from community service clubs, professional groups, government grants and/or professional sponsors for the purposes of this Agreement shall be contributed to the Coalition budget by any of the Parties receiving such donations or grants. It is the intent of the Parties that after administrative expenses have been paid, grants, gifts, contributions of the Parties or other donations may be used for the Coalition's programs. The responsibility for pooling, accounting and dispersing of the Coalition's funds shall be with the City, and the City shall receive reimbursement for the cost of -3- said services. All funds and property of the Coalition shall be used solely for the purposes of the Coalition as stated in this Agreement. Funds of the Coalition shall be subject to an annual audit by the Washington State Examiner. The County and/or District shall provide all other in kind services or contribu- tions, subject to the approval of the County and/or District respectively. If such services or contributions are provided the County or District shall be reimbursed the cost by the Coalition. b. Administrative Cost. Every attempt will be made to administer the Coalition from revenue other than the contributions of participating parties. 6. Coalition Council. The Board shall establish a Coalition Council made up of the following committees: Education, Legislative, Treatment & Counseling, Law & Justice, and Community Resources. The members shall be appointed by majority vote of the Board, from nominations received by the Board. The committees shall make recommendations to the Board, and carry out those duties assigned by the Director, consistent with the policies established by the Board. 7. Withdrawal. It is hereby agreed that withdrawal by any party hereto shall be on an orderly basis. Land, improvements and equipment purchase for the Coalition shall be the property of, and remain with, the Coalition for the operation of the Coalition. In the event that one (1) party desires to withdraw from the Coalition, such party desiring to withdraw shall give notice in writing to the Parties no later than sixty (60) days prior to the end of this Agreement. The withdrawing party shall not be entitled to any property or assets accumulated under this Agreement. The withdrawal shall become effective August 31 of the contract year. Should two (2) or more Parties desire to withdraw, the contract shall be deemed to be dissolved according to Section 8 of this Agreement. However, in the event new Parties are in- cluded in this Agreement, pursuant to Section 10 herein, then as a condition of ad- mission of new Parties this Section shall be renegotiated. 8. Distribution of Assets at Dissolution. Distribution of assets at dissolution, in the event the Coalition is to be dissolved, shall be distributed equally among the Parties in accordance with the following provisions: a. Priorities. 1. The cost of dissolving the Coalition, including all outstanding liabili- ties, debts and obligations shall be paid prior to any distribution of assets to the Parties under this Agreement. 2. All funds, cash, real property and personal property traceable to any outside source shall be subject to any conditions imposed by that source. The -4- Board shall take appropriate actions to comply with such conditions prior to distribution of assets under this Agreement. 3. All cash and funds on hand at the time of dissolution shall be first ap- plied to the costs of dissolving the Coalition. In the event that such cash and funds are insufficient, the net proceeds from the liquidation of personal property of the Coalition shall be next applied to such costs. In the event the proceeds from the liquidation of the personal property of the Coalition are not sufficient to pay the cost of dissolution, the net proceeds from the disposi- tion of the real property of the Coalition shall be applied to such costs. 4. In the event the proceeds from liquidation of all assets of the Coalition are insufficient to pay the costs of dissolution and any other liabilities, debts or obligations of the Coalition, the Parties hereto agree to be bound jointly li- able for such costs, debts, liabilities or obligations. b. Personal Property. All personal property will be liquidated by the Coalition under the supervision of the Board. Proceeds remaining after compli- ance with Section 8(a) of this Agreement shall be distributed pro rata to the par- ticipating Parties based upon the portion of their total contribution toward the personal property of the Coalition at the time of dissolution. c. Real Property. All real property owned or leased by the Coalition pursuant to this Agreement, including any existing or subsequent improvements thereto, shall be subject to the terms and conditions of any written agreements by which such property is acquired. The Coalition Board of Directors shall take appropriate actions to comply with any such terms or conditions prior to liquidation and dis- tribution of assets pursuant to Section 8(a) and final dissolution of this Agreement. 9. Gifts. The Coalition may receive legal gifts or cash, or other donations, equipment or services, from any source whatsoever, subject to the approval of the Board. 10. Admission of New Parties. New Parties may be admitted subject to re -negoti- ation of this Agreement. It is the intent of the Parties that any new member to this Agreement shall share future administrative expenses of the Coalition on an equi- table basis. 11. Compliance with Law. The Coalition shall comply with all applicable local, state and federal laws, rules and regulations, with specific recognition of such laws, rules and regulations applicable to cities, counties and school districts. 12. Meetings. Meetings shall be held at such place in Yakima County as may be designated in the notice of meeting or by resolution of the Board. Notice of meet- ings shall be given in accordance with the Open Public Meetings Act, as set forth in -5- RCW 42.30. The Board shall provide for the holding of regular meetings and will fix the time and place of holding such meetings. Minutes of the meetings shall be pub- lic record and open to public inspection. 13. Bonding. Within thirty (30) days of execution of this Agreement, the Board shall obtain and maintain in effect during the term of this Agreement, fidelity bonding for the Director of the Coalition in the amount of Twenty -Five Thousand Dollars ($25,000) and a blanket fidelity bond policy for the Board members and all other Coalition employees in the amount of Five Thousand Dollars ($5,000) per oc- currence, said bonds to be conditioned upon the faithful discharge of duties as re- quired by this Agreement and the laws of the State of Washington. Said bonds shall name the City, County and District as additional named insureds on the policy. The cost for obtaining said bonds will be paid by the Coalition. 14. Indemnification. Each party to this Agreement shall defend and indemnify its respective appointees to the Board of the Coalition against all claims and lawsuits arising out of the performance of their duties as Coalition Boardmembers. Further, the Parties agree to jointly defend and indemnify that Boardmember chosen by the other six (6) Boardmembers and confirmed by the Parties, and the employees and Director of the Coalition, against all claims and lawsuits arising out of the perfor- mance of their duties as Boardmember, employee(s) or Director of the Coalition. Provided, no indemnification shall be made for claims or lawsuits arising out of willful misconduct or criminal acts, or in cases where timely notice of a claim or lawsuit is not provided to the Parties to this Agreement, or in cases where the Boardmember(s), employee(s) or the Coalition Director fail to give full cooperation to the Parties to this Agreement for the defense of any claim or lawsuit. 15. Insurance. The Coalition shall obtain and provide evidence of general prop- erty, fire, premises liability and vehicle insurance in amounts agreed to by the Parties to this Agreement. All insurance obtained shall name the City, County and District as additional named insureds on the policy. 16. Amendment. This Agreement may be amended by written mutual agree- ment of all Parties hereto. 17. Severability. Should any portion, term, condition or provision of this Agreement be decided by a court of competent jurisdiction to be illegal or in conflict with the laws of the State of Washington, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining portions, terms, conditions and provisions shall not be effected thereby. 18. Savings Clause. This Agreement is entered into pursuant to RCW 39.34, the Interlocal Cooperation Act, and is subject to the laws of the State of Washington. -6- IN WITNESS WHEREOF, the Parties hereto cause this Agreement to be duly executed as set forth below: YAKIMA COUNTY: i Commissioner Commissioner Commissioner YAKIMA SCHOOL DISTRICT NO. 7 Member, School Board Mglnber, ScRool Board Member, School Board ATT ST: l Superintendent Dated: C ,^ c (cf 1/ X CITY OF YAKIMA: City Manager ATTEST: r&-ltdA-d_ G 4, -- City Clerk Dated: 77/q/ell" = 4 - (5 / 7? -7- Member, School Board Member, School Board RESOLUTION NO. D 5 4 7 9 A RESOLUTION authorizing the execution of an Interlocal Coopera- tive Agreement For The Financing And Operation Of The County -Wide Coalition For The War On Drugs with Yakima County and Yakima School District No. 7. WHEREAS, the Legislature of the State of Washington, in connection with the passage of Substitute House Bill No. 1445, has this year found the illegal use, sale and manufacture of drugs and other drug-related activities to be a state-wide problem; and WHEREAS, innocent persons, especially children, who come into contact with illegal drug-related activity within this city and their own neighborhoods are seriously and adversely affected; and WHEREAS, illegal drug-related activities have become so prevelant in this city so as to result in syringes and usable cigarette lighters being disposed of in public and private places where children have free access thereto from which there is created a substantial and unreasonable risk of serious disease or injury to children in particular; and WHEREAS, the City Council has been made acutely aware by citizens and citizen groups of this city as to the increased, widespread illegal drug-related activities occurring throughout this city; and WHEREAS, a County -wide cooperative approach to the menace of illicit drugs is more effective than the efforts of any single entity, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk of the City of Yakima are hereby authorized and directed to execute an Interlocal Coopera- tive Agreement For The Financing And Operation Of The County -Wide Coalition For The War On Drugs with Yakima County and Yakima School District No. 7 a true copy of said cooperative agreement is attached hereto and incorporated in this resolution as if it were fully set forth. riN ADOPTED BY THE CITY COUNCIL, this day of June, 1988. Mayor ATTEST: INTER.RES/G9