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Home My WebLink About05/07/2024 11. Resolution authorizing the City Manager to execute a Memorandum of Understanding with the Washington Traffic Safety Commission to reimburse wages for officers recognized as drug recognition expertsB US INE S S O F T HE C I T Y C O UNC I L YAK I M A, WAS HING T O N AG E ND A S TAT E M E NT I tem No. 11. F or Meeting of: May 7, 2024 I T E M T IT L E :Resolution authorizing the City Manager to execute a Memorandum of Understanding with the Washington Traffic S afety Commission to reimburse wages for officers recognized as drug recognition experts S UB M IT T E D B Y:*Tory A dams, Police L ieutenant Matt Murray, Chief of P olice S UM M ARY E X P L ANAT I O N: The Yakima P olice Department has officers who have received specialized training in the detection and enforcement of impaired driving known as Drug Recognition E xperts or "D R E s". Officers with this specialized training are often called to duty to aid agencies other than the Yakima Police Department outside of their normal areas and hours. The Washington Traffic S afety Commission provides funding for agencies to recoup the cost of specialized personnel to investigate impaired driving which reduces the costs to the City of Yakima associated with the mutual benefit of having specialized personnel respond to certain calls. I T E M B UD G E T E D:NA S T RAT E G I C P RI O RI T Y:P ublic S afety AP P RO V E D F O R S UB M IT TAL B Y T HE C IT Y M ANAG E R RE C O M M E ND AT I O N: A dopt Resolution. AT TAC HM E NT S : Description Upload Date Type Resolution 4/30/2024 Resolution MOU 4/24/2024 Backup Material 1 2 RESOLUTION NO. R-2024- A RESOLUTION authorizing the City Manager to execute a Memorandum of Understanding (MOU) between the City of Yakima and the Washington Traffic Safety Commission to reimburse wages for officers recognized as Drug Recognition Experts. WHEREAS, the Yakima Police Department has officers who have received specialized training in the detection and enforcement of impaired driving, known as Drug Recognition Experts or"DREs"; and WHEREAS, there are a limited number of officers with this training in the Yakima Valley: and WHEREAS, officers with this specialized training are often called to duty to aid agencies other than the Yakima Police Department outside of their normal work areas and hours; and WHEREAS, the Washington Traffic Safety Commission, provides funding for agencies to recoup the cost of specialized personnel to investigate impaired driving which will reduce the costs to the City of Yakima associated with the mutual benefit of having specialized personnel respond to certain calls; and WHEREAS, the City Council of the City of Yakima finds that it is in the best interest of the City and its residents to enter into the Memorandum of Understanding with the Washington Traffic Safety Commission for reimbursement for costs associated with Yakima Police Department personnel with specialized training providing services to other agencies; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to sign the attached and fully incorporated Memorandum of Understanding between the City of Yakima and the Washington Traffic Safety Commission which provides reimbursement for DRE officers. ADOPTED BY THE CITY COUNCIL this 7th day of May, 2024. Patricia Byers, Mayor ATTEST: Rosalinda Ibarra, City Clerk 3 MEMORANDUM OF UNDERSTANDING WASHINGTON TRAFFIC SAFETY COMMISSION 621 8'Ave SE,Suite 409,PO Box 40944,Olympia WA 98504-0944 THIS AGREEMENT is made and entered into by and between: CITY OF YAKIMA POLICE DEPARTMENT (Agency Name) Hereinafter referred to as "CONTRACTOR"and the WASHINGTON TRAFFIC SAFETY COMMISSION,hereinafter referred to as "WTSC." IT IS THE PURPOSE OF THIS AGREEMENT to provide overtime funding to law enforcement agencies who have certified Drug Recognition Experts(DRE)to conduct the following activities: • Respond in person to allied agency requests for DRE assessments when no other DRE is available on duty and this response is in `overtime status' from a list of certified DREs. • Cover shift extension `overtime' when completing a drug evaluation or covering a request for a DRE • Court testimony resulting from performing drug evaluations with call outs and shift extensions when overtime is required. (This MOU and grant funding is not responsible for overtime generated from cases/arrests during normal employment or assignment) • On an overtime basis,participate in duties as a DRE during emphasis patrols, allied agency DRE-related requests, or other DRE programs such as teaching and training deemed necessary and pre-approved by the Washington State DRE Coordinator between July 1,2023 through June 30,2025. IT IS, THEREFORE,MUTUALLY AGREED THAT: 1. All contractor DREs will be available for callout by Washington State Patrol (WSP) communications in their individual regions. WSP Communications will be notified of the DRE availability when that DRE signs into service with their respective allied agency. As part of this agreement, contractor DREs are responsible to ensure that WSP Communications has their correct contact information in the DRE callout system. 2. Contractor will provide a certified DRE on an "overtime"basis (not to exceed 1.5 times contracted salary and allowable benefits,even during paid holiday)to perform DRE activities as specified. No other commissioned personnel will be funded. 3. The period of activity will begin on July 1, 2023 and extend through June 30, 2025. 4. Drug evaluation performance standards for certified and funded DREs must meet the standards of the International Association of Chiefs of Police (IACP). 5. DREs will maintain good standing with Drug Evaluation Classification Program; i.e. paperwork,rolling logs, and resumes. (Contractor and DRE will be notified if DRE is not eligible for availability and removed from WSP roster-30 day notice given.) 6. Disputes arising under this agreement shall be resolved by a panel consisting of one representative of the WTSC, one representative from Contractor agency and one representative from the DECP. The dispute panel shall thereafter decide the dispute with the majority prevailing. 7. Either party may terminate this agreement upon (30 days)written notice to the other party. In the event of termination of this agreement,the terminating party shall be liable for the performance rendered prior to the effective date of termination. MOU DRE Program 2023-2025 (03/2023) page 1 of 2 4 8. WTSC Termination—This project agreement may be terminated or fund payments discontinued or reduced by WTSC at any time upon written notice to the Contractor due to non-availability of funds, failure of the Contractor to accomplish any of the terms herein, or from any change in the scope or timing of the project. 9. The WTSC will monitor and track the availability of DRE Callout funds. Expenditure tracking will be shared with WSP quarterly to ensure DRE Callout funding is being fully utilized. FISCAL RESPONSIBILITY: 1. For all DRE overtime activities to be billed against this MOU, any projected overtime amount greater than $3,000 must get prior written approval from WTSC. 2. Contractor must submit the billings and supporting documents to the WTSC at PO Box 40944, Olympia,WA 98504-0944 or emailed to prarick(a�wtsc.wa.gov for approval and reimbursement not more than 30 days after the last day of the month in which the overtime is worked. Billings and supporting documents submitted later than the 30 day cutoff will be reviewed on a case by case basis. Contractor must ensure that reimbursement being requested is not for on-duty time,but for call out and shift extension overtime only. Billings will include: • Completed and signed invoice Voucher,A19-lA Form (attached). Your agency must be identified as the "Claimant"and Federal Tax ID #and an original signature of the agency head, command officer or contracting officer must be provided on the A19- IA form. • Payment documentation(overtime slips,payroll documents, etc.) • DRE Request Form showing all pertinent information. If for court case, evidence it came from a prior MOU overtime situation must be provided with the A-19 IA form. IN WITNESS WHEREOF, PARTIES HAVE EXECUTED THIS AGREEMENT. APPROVED/DISAPPROVED CITY OF YAKIMA (Agency) (Date) Washington Traffic Safety Commission (Date) DAVE ZABELL,INTERIM CITY MANAGER Contracting Agent Title&NAME(print/type name) (Signature) Please return this signed form(email is preferred)to: p rarick(d,wt sc.w a.gov Washington Traffic Safety Commission Attn:Penny Rarick PO Box 40944 Olympia,WA 98504 MOU DRE Program 2023-2025 (03/2023) page 2 of 2