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HomeMy WebLinkAboutR-1991-D5888 County Narcotics Unit• • 1 RESOLUTION NO. D-5888 A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute the Yakima City/County Narcotics Unit Interlocal Agreement. WHEREAS, illegal sale and use the City and County of Yakima have on the quality of life in the City is of controlled substances in serious and adverse affects and County of Yakima; and WHEREAS, the City and County of Yakima have determined it in the resources and use of best interest of the City and County to devote in fighting the problems caused by the illegal sale controlled substances; and WHEREAS, since 1979 the City and County through their law enforcement agencies have maintained a cooperative working agreement designed to combat controlled substance traffic within Yakima, known as the Yakima City/County Narcotics Unit; and WHEREAS, the parties desire to enter into an agreement which provides a more formal organization in order to central- ize supervision and enhance the efforts agencies to combat controlled substance WHEREAS, the City Council deems of the law enforcement trafficking; and it to be in the best interest of the City that such agreement be executed by the City; 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 to execute the attached "Yakima City/County Narcotics Unit Interlocal Agreement," which is by reference made a part hereof. ADOPTED BY THE CITY COUNCIL this 12th day of March 1991. ATTEST jels"?'"eAL4".7 City Clerk (res/narcts.jt) Mayor 9/- 11.5 -86t8 / -11-5-86t8 YARIMA CITY/COUNTY NARCOTICS UNIT INTERLOCAL AGREEMENT This Interlocal agreement is made and ente a into pursuant e •r•v'sions of Chapter 39.34 RCW, this / day of , 1991, by and between the City of Yakima and the Coun y of Yakima. RECITAL 8: 1. The high level of illegal sale and use of controlled substances in the City and County of Yakima has increasingly serious and adverse effects on the quality of life in the City and County of Yakima. 2. The City and County of Yakima have, in recent years, found it necessary to spend ever greater resources in fighting the problems caused by the illegal sale and use of controlled substances. 3. The City and County of Yakima have, since 1979, through their law enforcement agencies, maintained a cooperative working agreement designed to combat controlled substances trafficking within Yakima County. This effort has been known as the Yakima City/County Narcotics Unit. 4. The parties desire to enter into an agreement which provides a more formal organization in order to centralize supervision and enhance the efforts of the law enforcement agencies to combat controlled substance trafficking. 5. The Prosecutor's Office of the County of Yakima has Yakima City/County Narcotics Unit Interlocal Agreement - 1 administered a drug forfeiture fund consisting of•the proceeds of forfeitures, and court ordered contributions. The parties desire the continued administration of this fund as described in this Agreement. 6. Chapter 39.34 RCW provides that local jurisdictions may enter into cooperative agreements for their mutual advantage. Now, therefore, the parties hereto, through their respective legislative bodies, do hereby agree as follows: SECTION 1. DEFINITIONS. For purposes of this agreement: a. "Agency" and agencies" means the member agencies of the Yakima City/County Narcotics Unit, those being the Police Department of the City of Yakima and the Sheriff's Department of the County of Yakima. b. "Governing Board" means the policy making body for the Yakima City/County Narcotics Unit and shall consist of the Chief of Police of the City of Yakima, the Sheriff of the County of Yakima, and the Prosecutor of the County of Yakima, or their respective designees. c. "Jurisdictions" means the City of Yakima and County of Yakima. d. "Narcotics Unit" or "Unit" means the Yakima City/County Narcotics Unit which is a multi -jurisdictional agency created by this agreement. e. Yakima City/County Narcotic's Fund or "Narcotics Fund" Yakima City/County Narcotics Unit Interlocal Agreement - 2 means the account within the general expense fund of the County of Yakima which is administered by the Prosecutor of Yakima County for the purpose of receipt and disbursement of drug forfeiture funds and court ordered contributions in accordance with Section 7 of this agreement. f. "Yakima'City/County Narcotics Operations Fund" or "Operations Fund" means the fund administered by one of the member agencies for the purpose of receipt and disbursement of monies from the "Narcotic's Fund" for day to day operational purposes of the "Unit"; g• "Narcotics Unit operation" means any drug law enforcement activity in which an officer assigned to the Narcotics Unit takes an active part. Narcotics unit operations may also include controlled substance law enforcement activity in which the Narcotics Unit member's sole participation was to supply intelligence information to the arresting agency, or in which the Narcotics Unit provided follow-up support such as evidence processing, case preparation, warrant request, or follow-up investigation, if such intelligence or ancillary support is deemed substantial by the Governing Board. In its reviewing capacity as described in Section 6.a, the Board shall determine whether such intelligence or ancillary support in any given case has been substantial so as to make the activity a Narcotics Unit operation. Yakima City County Narcotics Unit Interlocal Agreement - 3 SECTION 2. PURPOSE. The purpose of this agreement is to provide for and regulate the joint efforts of City and County law enforcement to combat violations of controlled substance laws within the contracting jurisdictions for their mutual advantage. SECTION 3. GENERAL DUTIES OF THE PARTIES. a. The City, through its Police Department and the County, through its Sheriff's Department, shall assign such full-time investigators to work in the Unit as the City and County drug enforcement needs require and the respective departmental staff levels permit. b. Personnel assigned to the Unit shall be considered employees of the contributing agency which shall be solely and exclusively responsible for that employee. All rights, duties, and obligations of the employer shall remain with the contributing agency. The personnel assigned by the contributing agencies shall continue under the employment of that agency for purposes of any loss, claim, damages, or liabilities arising out of or related to the services provided to the Unit or the activities of the Unit. Each agency agrees to hold harmless, defend, and indemnify the Unit in any action arising from Unit activities including payment of reasonable attorney fees and costs. c. Yakima County authorizes and directs the Yakima County Sheriff and the City of Yakima authorizes and directs its Police Yakima City/County Narcotics Unit Interlocal Agreement - 4 Chief to enter into mutual operating agreements, such as those authorized by Chapter 10.93 RCW, to facilitate the operations of the Narcotics Unit. d. The Office of the Yakima County Prosecutor shall, in addition to its normal duties in the prosecution of Yakima County felony drug violations, represent the City, the County and the Unit in all property forfeitures and drug nuisance abatement proceedings initiated by the Unit personnel. For purposes of cost adjustments and computation of net forfeiture proceeds under RCW 69.50.505(f)(2), work performed by the Yakima County Prosecuting Attorney's office shall be deemed performed by the Unit. SECTION 4. DURATION. a. This agreement shall take effect upon its execution and filing by the parties, and its initial term shall be one year. Thereafter, it shall automatically be extended for successive one year periods indefinitely until terminated by written agreement of the parties or by 180 days written notice from one party to the other party. SECTION 5. GENERAL ADMINISTRATION. a. The County of Yakima shall continue to administer the City/County Narcotics Fund in accordance with applicable laws, this Agreement and any other mutually agreed policies and procedures. The City/County Narcotics Operations Fund shall be administered by the Unit Coordinator in accordance with the State Yakima City/County Narcotics Unit Interlocal Agreement - 5 Auditor's accounting standards for imprest investigative funds and such other standards as the Governing Board may prescribe. b. The Governing Board shall promptly elect a chairman, meet at least quarterly, adopt such procedural rules to govern its meetings as it deems necessary, provide policy and procedural guidance to the Narcotics Unit coordinator and supervisors, and supervise the use of the Narcotic's Fund and Operations Fund. Each member of the Governing Board shall have an equal voice and vote in all Board matters. c. The Governing Board shall, as soon as practical, adopt an operating agreement to govern the administration of the Unit. These Rules may be amended from time to time in the discretion of the Board, so long as consistent with this Agreement and any applicable laws. d. The Governing Board shall appoint a Unit Coordinator to supervise the daily operations of the Unit according to this Agreement and the Operating Rules of the Unit. e. The Governing Board shall have the authority to apply on behalf of the Unit for such grant funds as may be available from federal, state, or private sources, for the furtherance of Unit objectives. SECTION 6. PROPERTY AND EQUIPMENT. a. All drug forfeiture cash and cash proceeds received by either of the parties shall be the property of the Unit. All other property forfeited to either party pursuant to the drug Yakima City County Narcotics Unit Interlocal Agreement - 6 laws, shall be owned by the jurisdiction whose officer was the lead investigator in the case resulting in the forfeiture, or by the jurisdiction mutually agreed on by the member agencies. However, if such property is acquired through any Narcotics Unit operation, the Unit shall be entitled to possess, use and, in the discretion of the Governing Board, dispose of such property for Unit purposes, and the owning jurisdiction shall place each such item of property at the disposal of the Unit Coordinator throughout the life of this agreement, unless and until declined in writing by the Governing Board. The Governing Board shall determine whether property seized and forfeited in a Narcotics Unit operation is to be retained for use or sold to generate cash proceeds for Unit purposes. All cash proceeds from sales of forfeited property shall be promptly deposited to the Narcotics Fund. The Governing Board shall, when necessary, resolve questions of ownership of property forfeited in Narcotics Unit operations, as between the member jurisdictions. b. All property, proceeds from property, and cash forfeited pursuant to RCW 69.50.505 by Narcotics Unit Operations shall be managed and disbursed only as provided in said RCW 69.50.505. In the event that any equipment is otherwise acquired by the Narcotics Unit, the parties agree to use the equipment only for such law enforcement purposes as are established by the Governing Board. c. Upon termination of this Agreement, all property loaned Yakima City County Narcotics Unit Interlocal Agreement - 7 to the Unit by the participating agencies and all forfeited property, other than money, remaining in the Unit's possession shall be returned to the respective contributing agencies. Any Unit-owned property and other forfeited property remaining in the possession of the Unit (including monies in the Narcotic's Fund and Operations Fund) shall be divided between the City and County as follows: ten percent shall go to the Yakima County Prosecutor as attorney for the Unit; the remaining ninety percent shall be allocated pro-rata between the City and the County according to the number of officer months spent in Unit service by operational and command personnel of their respective police agencies, during the 24 month period immediately preceding termination of this agreement. d. Notwithstanding the termination of this Agreement and distribution of Unit properties as herein described, such property and monies shall remain subject to the use restrictions of RCW 69.50.505 (f) in the hands of each party until fully expended for the law enforcement purposes permitted in said RCW 69.50.505(f). SECTION 7. HANDLING OF FUNDS. a. The City/County Narcotic's Fund shall be held by the Yakima County Treasurer and warrants thereon shall be drawn by the Yakima County Auditor upon approval by the Yakima County Prosecutor according to such standards and direction as the Governing Board shall provide. All forfeiture funds and proceeds Yakima City/County Narcotics Unit Interlocal Agreement - 8 received by enforcement from US DEA enforcement either party in consequence of local drug law activities and any funds or other law enforcement received by either party sources for drug law purposes shall be deposited in the Fund, except as otherwise specifically provided for by the donor. All interest earned on monies in the Fund shall be credited to the Fund and remain therein until disbursed according to this Agreement. b. The Unit Coordinator shall maintain a fund of ready cash so that day-to-day needs of the Unit can be met without resorting to the county warrant process. This shall be called the City/county Narcotic's Operations Fund and shall be limited in amount to $5,000.00, or such other limit as the Governing Board shall later establish by amendment to the City/County Narcotic's Unit Operating Agreement, adopted in furtherance of this Agreement. The Operations Fund may be kept and maintained at such location and in such manner as the Unit Coordinator shall determine, subject to the Washington State Auditor's standards on imprest investigation funds and such other requirements as the Governing Board may establish. c. In accordance with RCW 69.50.505, cash and proceeds from the sale of other drug forfeiture property shall be delivered in clean and orderly condition to the Yakima County Treasurer together with transmittal instructions indicating the respective state and local shares thereof according to RCW 60.50.505(f). The local share shall then be deposited in the Yakima City/County Narcotics Unit Interlocal Agreement - 9 current expense fund of the County of Yakima and accounted for separately as the Yakima City/County Narcotics Fund. The State's share shall be remitted by the Treasurer to the State PSE account, as required by the statute, according to the figures supplied by the Unit on the Treasurer's general transmittal form. A copy of the County Treasurer's receipt and transmittal form for each such deposit, identifying the forfeiture case by name or number, shall be promptly provided to the Unit Coordinator. For each forfeiture $5,000 or more in cash and/or proceeds, a record of all expenses of each participating agency shall be transmitted to the Governing Board and the Yakima County Prosecutor. Each expense record shall include all costs associated with the Unit action giving rise to the case, including work by non-Unit personnel. d. In order to insure compliance with this agreement, the parties agree that all forfeitures made pursuant to RCW 69.50.505 by each party shall be disclosed to the Governing Board. SECTION 8. AMENDMENT. This agreement may be amended from time to time as deemed appropriate by the parties, PROVIDED, any such amendment shall become effective only after it has been adopted in writing by each of the parties. SECTION 9. INTEGRATION. This agreement contains all the terms and conditions agreed upon by the parties, except necessary operational agreements Yakima City/County Narcotics Unit Interlocal Agreement - 10 between the law enforcement agencies of the respective jurisdictions in furtherance hereof. No other understandings, oral or otherwise, regarding the subject matter of this agreement, shall be deemed to exist or to bind either of the parties. SECTION 10. FILING. Upon execution hereof, and prior to its taking effect, this agreement shall be filed with the Clerk of the City of Yakima, 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 furls actions have caused THIS AGREEMENT to be executed on the /-/Q� day of Cir? CO4T&GCT NO. 9/ lto-5,g B 5JVS (3 ) , 1991 as set forth hereinabove. CITY OF YAKIMA By: Richard Zais, Jr.,, City Manager Attest: Xu.tl_a_,h5L, , 3 City Clerk COUNTY QFi YAKIMA By: Alex Deocio, Chairman Board of Yakima County Commissioners Attest: Barbara Hill, Clerk Yakima City County Narcotics Unit Interlocal Agreement - 11 date YARIMA CITY/COUNTY NARCOTICS UNIT OPERATIONAL AGREEMENT SECTION 1. PARTIES. This Agreement is made by the Chief of Yakima City Police, the Yakima County Sheriff and the Yakima County Prosecuting Attorney, all in their official capacities and as members of the Yakima City/county Narcotic's Unit Governing Board. SECTION 2. AUTHORITY. This agreement is entered into pursuant to Chapter 10.93 RCW and the Yakima City/County Narcotics Unit Interlocal agreement which was established in accordance with Chapter 39.34.RCW. SECTION 3. PURPOSE. The parties hereto in their collective role as the Governing Board ofthemulti-jurisdictional narcotics control program known as the Yakima City/County Narcotics Unit, desire to establish internal procedures for this Governing Board and operating rules for Narcotics Unit personnel. SECTION 4. TERM. This Agreement shall take effect upon execution and remain in effect until modified by the above-mentioned parties or their lawful successors. Yakima City/County Narcotics Unit Operational Agreement - 1 SECTION 5. GOVERNING BOARD PROCEDURE. Each member of the Governing Board shall have an equal vote and voice on all board decisions. Unless otherwise provided, Roberts Revised Rules of Order shall govern all procedural matters relating to the business of the Governing Board. The presiding officer shall be elected by it's members, together with such other officers as may be determined. There shall be at least four regularly scheduled meetings each year, and not less than fifteen days written notice shall be given to each member prior to such meeting, PROVIDED the presiding officer or any two members of the Board may call special meetings as necessary, upon a minimum of 24 hours written notice to each member of the Board, AND PROVIDED no meeting of the Board shall be held in the absence of the Yakima County Prosecuting Attorney or other properly designated attorney for the Unit. SECTION 6. STAFF. a. The City, through its Police Department and the County through its Sheriff's Department, shall assign such full-time investigators to work in the Unit as the City and County Drug Enforcement needs require and the respective departmental staff levels permit. b. The Office of the Yakima County Prosecutor shall be responsible for all criminal prosecutions, asset forfeitures, and nuisance abatementactions arising out of the investigative work Yakima City/County Narcotics Unit Operational Agreement - 2 of the Unit. c. A Unit Coordinator shall act as principal liaison and facilitator between the Governing Board and the members of the Unit. The Unit Coordinator shall be the commander of the investigative division of the coordinating agency as designated from time to time by the Governing,Board, or such other management level officer as the chief administrator of that agency may designate. The Unit Coordinator shall be responsible for directing the operations of the Unit, and for informing the board on all matters relating to the function, expenditures, accomplishments and problems of the Unit. The Unit Coordinator shall prepare quarterly written reports to the Board on the actions, progress, and finances of the Unit. The Coordinator shall assist the Board in preparing budgets, rules, procedures, and regulations, and shall be responsible for maintaining all records of the Unit. d. There shall be one or more Unit Supervisors designated by the Unit Coordinator. Whenever there are sufficient personnel assigned to the Unit to justify more than one Unit Supervisor, such supervisory positions shall be divided equally between members of both agencies. The Unit Supervisor(s) shall be responsible for operational supervision of assigned personnel in accordance with established rules and procedures, and shall assist the Unit Coordinator in preparing reports, budgets, rules and procedures. Yakima City/County Narcotics Unit Operational Agreement - 3 SECTION 7. UNIT OBJECTIVES. a. The primary objectives of the Unit shall be the reduction and elimination of the illegal drug trade in the City and County of Yakima by: 1. Disrupting drug organizations within Yakima County; 2. Gathering and reporting intelligence data relating to illegal drug activity within Yakima County; 3. Making arrests that will impact the highest -level dealer and wholesaler possible consistent with the existing agreements between the City and the County of Yakima and other jurisdictions; 4. Effectively prosecuting drug traffickers; 5. Effectively seizing and -forfeiting drug traffickers assets; and 6. Promoting law enforcement cooperation through multi -agency investigations. SECTION 8. COMPLIANCE. a. In addition to their duties hereunder, the Board, all Unit personnel and all officials of the County and City serving the Unit shall comply with all applicable laws and with the Interlocal Agreement establishing the Unit, and such other Unit policies and procedures as may be established by the Governing Board. SECTION 8. FINANCES. a. Responsibility for salaries, benefits, and other compensation of the staff and investigators assigned to the unit shall remain with the contributing agency. Yakima City/County Narcotics Unit Operational Agreement - 4 b. Funds as needed for the purpose of purchasing equipment and services, informant payments, and controlled narcotics buys shall be appropriated from available moneys in the Yakima City/County Narcotics Fund, in accordance with RCW 60.50.505. c. The Governing Board shall be solely responsible for establishing budgets, accounting for, and expending the funds of the Unit. The Board may delegate authority for expenditure of funds through written rules and procedures. d. The Governing Board shall within ninety (9.0) days of the execution of this agreement adopt a budget for the balance of the current year. Thereafter, the Board shall prepare and adopt a budget not later than the last day of December of each year which shall be in effect for the ensuing year. e. All monetary forfeitures and forfeiture proceeds attributable to the efforts of Unit personnel during the life of this agreement and narcotics assessments as ordered by the court, shall be deposited into the City/County Narcotic's Fund. The Unit shall supply the Treasurer with information sufficient to enable the Treasurer to make timely and proper remittances and credits of drug funds. Such information shall be supplied on the Treasurer's standard transmittal forms. f. There shall be created and maintained out of the Narcotics Fund an amount of ready cash, not to exceed five thousand dollars in amount, to be used as buy money and for other day to day Unit needs for which county vouchers are not Yakima City/County Narcotics Unit Operational Agreement - 5 practicable. This ready cash account shall be known as the City/County Narcotics Operations Fund and shall be administered by the Unit Coordinator. g. The Unit Coordinator shall report at monthly intervals to the Governing Board on expenditure, receipts, seizures, forfeitures, and arrests by the Unit. h. The Unit Coordinator shall maintain statistics on the contributions of the U.S. Drug Enforcement Administration and other federal agencies to the Narcotic's Fund. So that the Unit Coordinator's records and reports may be complete and accurate in this regard, each member agency shall promptly deliver to the Unit Coordinator a copy of the receipt and transmittal form for each deposit of money to the Fund. SECTION 9. ASSET FORFEITURES. a. The Yakima County Prosecuting Attorney shall be the attorney for the Unit in all asset forfeiture litigation under RCW 9A.82 for RCW 60.50.505. For purposes of cost adjustments and computation of net forfeiture,proceeds under RCW 69.50.505 (f)(2), work performed by the Yakima County Prosecuting Attorney's office shall be deemed performed by the Unit; b. The Governing Board shall, at reasonable intervals review the pending asset forfeiture cases and determine, pursuant to Section 6(a) of the Interlocal Agreement, which of the parties hereto shall be designated to receive title to major items of Yakima City/County Narcotics Unit Operational Agreement - 6 forfeiture property such as motor vehicles, in the event such items of property are ordered forfeited. If an order of forfeiture of any property is issued by the court or hearing officer before such Board discretion has been exercised, the Board may, at its convenience, re -allocate and re -distribute ownership of items of forfeited property, as between the City and County, but only for use in the expansion or improvement of law enforcement services. Such lesser items of property as may heretofore or hereafter be or have been ordered forfeited by courts or hearing officers shall be distributed fairly and equitably between the City and County by the Unit Coordinator, but only for use in the expansion or improvement of law enforcement services; SECTION 10. MEDIA AND PUBLICATIONS. a. Press releases regarding Unit activities and cases may be made only by a member of the Governing Board or the Unit Coordinator, according to such guidelines as the Governing Board may establish. In any press release or publication concerning Narcotic's Fund expenditures and in any request for bids or proposals to be paid for out of the Narcotic's Fund, the proportion of such expenditure or payment traceable to federal sources according to Section 8.h hereof shall be stated; SECTION 11. TERMINATION. Termination of this Agreement shall be at the same time and Yakima City/County Narcotics Unit Operational Agreement - 7 in the same manner as provided in and for the Yakima City/County Narcotics Unit Interlocal Agreement. IN WITNESS WHEREOF THE PARTICIPATING JURISDICTIONS HAVE caused this agreement to be executed on the day of 1991 as set forth hereinabove. CUY COONTacf 116: 91:22/2=16) 5JVS(3A) Pleas J. Green, Chief of Police Doug D. Blair, Sheriff of Yakima County Jeffrey C. Sullivan, Yakima County Prosecutor Yakima City/County Narcotics Unit Operational Agreement - 8 'CIM n2. YAKS CITY/COUNTY NARCOTICS UNIT INIERICCAL AGREEME (Including City of Union Gap) This Interlocal Agreement is made and entered into pursuant to the provisions of Chapter 39.34 RCW, by and between the City of Yakima, the City of Union Gap and the County of Yakima. RErTI'A1S . 1. The high level of illegal sale and use of controlled substances in the cities of Yakima arra Union Gap and County of Yakima has increasingly serious and adverse effects on the quality of life in the cities and county. 2. The cities of Yakima and Union Gap and County of Yakima have, in recent years, found it necessary to spend ever greater resources in fighting the problems caused by the illegal sale and use of controlled substances. 3. The City of Yakima and County of Yakima have, since 1979, through their law enforcement agencies, maintained a cooperative working agreement designed to combat controlled substances trafficking within Yakima County. This effort has been ]mown as the Yakima City/County Narcotics Unit. 4. The City of Yakima and Yakima County entered into that Yakima City/County Narcotics Unit -Interlocal Agreement on March 19, 1991 to provide a more formal organization to centralize supervision and enhance the efforts of the law enforcement agencies to ccetibat controlled substance trafficking. The City of Union Gap seeks to join the City/County Narcotics Unit and the City of Yakima and Yakima County are in agreement with this proposition. 5. The Prosecutor's Office of the County of Yakima has administered a drug forfeiture fund consisting of the proceeds of forfeitures, and court ordered contributions. The parties desire the continued administration of this fund as described in this Agreement. Yakima City/County Narcotics Unit Interlocal Agreement (Including City of Union Gap) -1 6. Chapter 39.34 PCW provides that local jurisdictions may enter into cooperative agreements for their mutual advantage. Naw, therefore, the parties hereto, through their respective legislative bodies, do hereby agree as follows: SECTION 1. DEFINITIONS. For purposes of this agreement: a. "Agency" and "agencies" means the member agencies of the Yakima City/County Narcotics Unit, those being the police departments of the cities of Yakima and Union Gap, and the Sheriff's Department of the County of Yakima. b. "Governing Board" means the policy making body for the Yakima City/County Narcotics Unit and shall consist of the Chief of Police of the City of Yakima, The Sheriff of the County of Yakima, the Chief of Police of the City of Union Gap, and the Prosecutor of the County of Yakima, or their respective designees. c. "Jurisdictions" means the cities of Yakima and Union Gap, and County of Yakima. d. "Narcotics Unit" or "Unit" means the Yakima City/County Narcotics Unit which is a multi -jurisdictional agency created by this Agreement. e. Yakima City/County Narcotic's Fund or "Narcotics Fund" means the account within the general expense fund of the County of Yakima which is administered by the Prosecutor of Yakima County for the purpose of receipt and disbursement of drug forfeiture funds and court ordered contributions in accordance with Section 7 of this Agreement. f. "Yakima City/County Narcotics Operations Fund" or "Operations Rind" means the fund administered by one of the member agencies for the purpose of receipt and disbursement of monies from the "Narcotic's Fund" for day to day operational purposes of the 'mit"; Yakima City/County Narcotics Unit Interlocal Agreement (Including City of Union Gap) -2 g. "Narcotics Unit operation" means any drug law enforcement activity in which an officer assigned to the Narcotics Unit takes an active part. Narcotics unit operations may also include controlled substance law enforcement activity in which the Narcotics Unit member's sole participation was to supply intelligence information to the arresting agency, or in which the Narcotics Unit provided follow-up support such as evidence processing, case preparation, warrant request, or follow-up investigation, if such intelligence or ancillary support is deemed substantial by the Governing Board. In its reviewing capacity as described in Section 6.a, the Board shall determine whether such intelligence or ancillary support in any given case has been substantial so as to make the activity a Narcotics Unit operation. SECTION 2. PURPOSE. The purpose of this agreement is to provide for and regulate the joint efforts of city and county law enforcement to combat violations of controlled substance laws within the contracting jurisdictions for their mutual advantage. SECTION 3. GENERAL DUTIES OF THE PARTIES. a. The City of Yakima (hereinafter "Yakima") and the City of Union Gap (hereinafter "Union Gap") through their Police Departments and the County, through its Sheriff's Department, shall assign such full-time investigators to work in the Unit as Yakima, Union Gap, and County drug enforcement needs require and the respective departmental staff levels permit. b. Personnel assigned to the Unit shall be considered employees of the contributing agency which shall be solely and exclusively responsible for that employee. All rights, duties, and obligations of the employer shall remain with the contributing agency. The personnel assigned by the contributing agencies shall continue under the employment of that agency for purpoccz of any loss, claim, damages, or liabilities arising out of or related to the services provided to the Unit or the activities of the Unit. Each agency agrees to hold harmless, defend, and indemnify the Unit in any action arising from Unit activities including payment of reasonable attorney fees and costs. In the event of negligence of more than one entity, each party shall be responsible for Yakima City/County Narcotics Unit Interlocal Agreement (Including City of Union Gap) -3 its proportionate share of damages and/or other award attributable to that,enti.ty. In the event of negligence or other wrongful acts asserted against more than one entity in a lawsuit, any damages awarded shall be levied in proportion to the percentage of fault attributable to each party as determined in a separate proceeding with the same trial judge that presided aver the main lawsuit. The parties hereto agree to reserve their cross-claims until after the main issue of liability has been resolved. The parties hereby covenant to use their best efforts to maintain a united defense to any claims made against the Unit and to meet and negotiate in good faith as soon as practicable after notice of any claim or action for the purpose of determining how to proceed in such defense. The Governing Board shall select a spokesperson for all information to be released to the public relating to such matter. c. Yakima County authorizes and directs the Yakima County Sheriff, Yakima authorizes and directs its Police Chief, and Union Gap authorizes its Police Chief to enter into mutual operating agreements, such as those authorized by Chapter 10.93 RCW, to facilitate the operations of the Narcotics Unit. d. The office of the Yakima County Prosecutor shall, in addition to its normal duties in the prosection of Yakima County felony drug violations, represent Yakima, Union Gap, Yakima County and the Unit in all property forfeitures and drug nuisance abatement proceedings initiated by the Unit personnel. For purposes of cost adjustments and computation of net forfeiture proceeds under RCW 69.50.505(f) (2) , work performed by the Yakima County Prosecuting Attorney's office shall be deemed performed by the Unit. SECTION 4. DURATION. a. This agreement shall take effect upon its execution and filing by the parties, and its initial term shall be one year. Thereafter, it shall automatically be extended for successive one year periods indefinitely until terminated by written agreement of the parties or by 180 days written notice from one party to the other parties. Yakima City/County Narcotics Unit Interlocal Agreement (Including City of Union Gap) -4 SECTION 5. GENERAL AtzIINIS'I'RATION. a. The County of Yakima shall continue to administer the City/Camty Narcotics Fund in accordance with applicable laws, this Agreement and any other mutually agreed policies and procedures. The City/County Narcotics Operations Fund shall be administered by the Unit Coordinator in accordance with the State Auditor's accounting standards for imprest investigative funds and such other standards as the governing Board may prescribe. b. The Governing Board shall promptly elect a chairman, meet at least quarterly, adopt such procedural rules to govern its meetings as it deems necessary, provide policy and procedural guidance to the Narcotics Unit coordinator and supervisors, and supervise the use of the Narcotic's Fund and Operations Fund. Each member of the Governing Board shall have an equal voice and vote in all Board matters. A quorum must be present at each meeting, and prior notice of all meetings shall be given to all board members. c. The Governing Board shall, as soon as practical, adopt an operating agreement to govern the administration of the Unit. These rules may be amended Baan time to time in the discretion of the Board, so long as consistent with this Agreement and any applicable laws. d. The Governing Board shall appoint a Unit Coordinator to supervise the daily operations of the Unit according to this Agreement and the Operating idles of the Unit. e. The Governing Board shall have the authority to apply on behalf of the Unit for such grant funds as may be available frcen federal, state, or private sources, for the furtherance of Unit objectives. SECTION 6. PROPERTY AND EQUIPMENT. a. All drug forfeiture cash and cash proceeds received by either of the parties shall be the property of the Unit. All other property forfeited to either party pursuant to the drug laws, shall be awned by the jurisdiction whose officer was the lead investigator in the case resulting in the forfeiture, or by the jurisdiction mutually Yakima City/County Narcotics Unit Interlocal Agreement (Including City of Union Gap) -5 agreed on by the member agencies. However, if such property is required through any Narcotics Unit operation, the Unit shall be entitled to possess, use and, in the discretion of the Governing Board, dispose of such property for Unit purposes, and the owning jurisdiction shall place each such item of property at the disposal of the Unit Coordinator throughout the life of this agreement, unless and until declined in writing by the Governing Board. The Governing Board shall determine whether property seized and forfeited in a Narcotics Unit operation is to be retained for use or sold to generate cash proceeds for Unit•puuposes. All cash prods from sales of forfeited property shall be promptly deposited to the Narcotics Fund. The Governing Board shall, when necessary, resolve questions of ownership of property forfeited in Narcotics Unit operations, as between the member jurisdictions. b. All property, proceeds frau property, and cash forfeited pursuant to RCW 69.50.505 by Narcotics Unit operations shall be managed and disbursed only as provided in said RCW 69.50.505. In the event that any equipment is otherwise acquired by the Narcotics Unit, the parties agree to use the equipment only for such law enforcement purpoc:.CS as are established by the Governing Board. c. Upon termination of this Agreement, all property loaned to the Unit by the participating agencies and all forfeited property, other than money, remaining in the Unit's possession shall be returned to the respective contributing agencies. Any Unit - owned property and other forfeited property remaining in the possession of the Unit (including monies in the Narcotic's Fund and Operations Fund) shall be divided between the cities and County as follows: ten percent shall go to the Yakima County Prosecutor as attorney for the Unit; the remaining ninety percent shall be allocated pro -rata between Yakima, Union Gap and the County according to the number of officer months spent in Unit service by operational and command personnel of their respective police agencies, during the 24 month period immediately preceding termination of this agreement. d. Notwithstanding the termination of this Agreement and distribution of Unit properties as herein described, such property and monies shall remain subject to the use restrictions of RCW 69.50.505(f) in the hands of each party until fully expended for the Yakima City/County Narcotics Unit Interlocal Agreement (Including City of Union Gap) -6 law enforcement purposes permitted in said RCW 69.50.505(f). SECTION 7. HANDLING OF FUNDS. a. The City/County Narcotic's Fund shall be held by the Yakima County Treasurer and warrants thereon shall be drawn by the Yakima County Auditor upon approval by the Yakima County Prosecutor according to such standards and direction as the Governing Board shall provide. All forfeiture funds and proceeds received by either party in consequence of local drug law enforcement activities and any funds received by either party from US DEA or other law enforcement sources for drug law enforcement purposes shall be deposited in the Fund, except as otherwise specifically provided for by the donor. All interest earned on monies in the Fund shall be credited to the Fund and remain therein until disbursed according to this Agreement. b. The Unit Coordinator shall maintain a fund of ready cash so that day-to-day needs of the Unit can be met without resorting to the county warrant process. This shall be called the City/County Narcotic's Operations Fund and shall be limited in amount to $5,000.00, or such other limit as the governing Board shall later establish by amendment to the City/County Narcotic's Unit Operating Agreement, adopted in furtherance of this Agreement. The Operations Fund may be kept and maintained at such location and in such manner as the Unit Coordinator shall determine, subject to the Washington State Auditor's standards on imprest investigation funds and such other requirements as the Governing Board may establish. c. In accordance with RCW 69.50.505, cash and proceeds from the sale of other drug forfeiture property shall be delivered in clean and orderly condition to the Yakima County Treasurer together with transmittal instructions indicating the respective state and local shares thereof according to RCW 60.50.505(f). The local share shall then be deposited in the current expense fund of the County of Yakima and accounted for separately as the Yakima City/County Narcotics Hand. The State's share shall be remitted by the Treasurer to the State PSE account, as required by the statute, according to the figures supplied by the Unit on the Treasurer's genera]. transmittal form. A copy of the County Treasurer's receipt and transmittal form for each such deposit, identifying the forfeiture case by name or number, shall be prcanptly provided Yakima City/County Narcotics Unit Interlocal Agreement (Including City of Union Gap) -7 to the Unit Coordinator. For each forfeiture $5,000 or more in case and/or proceeds, a record of all expenses of each participating agency shall be transmitted to the Governing Board and the Yakima County Prosecutor. Each expense record shall include all costs associated with the Unit action giving rise to the case, including work by non - Unit personnel. d. In order to insure compliance with this agreement, the parties agree that all forfeitures made pursuant to RCW 69.50.505 by each party shall be disclosed to the Governing Board. SECTION 8. AVENEM Nr. This agreement may be amended from time to time as deemed appropriate by the parties, PROVIDED, any such amendment shall become effective only after it has been adopted in writing by each of the parties. SECTION 9. INIDGRATION. This agreement contains all the terms and conditions agreed upon by the parties, except necessary operational agreements between the law enforcement agencies of the respective jurisdictions in furtherance hereof. No other understandings, oral or otherwise, regarding the subject matter of this agreement, shall be deemed to exist or bind either of the parties. SECTION 10. AGREEMENT CONTROLLING Upon execution hereof, this Agreement shall supersede that Yakima City/County Narcotics Interlocal Agreement dated March 19, 1991 and said prior Agreement shall immediately terminate. SECTION 11. FILING. Upon execution hereof, and prior to its taking effect, 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. Yakima City/County Narcotics Unit Interlocal Agreement (Including City of Union Gap) -8 IN WTINESS MIEREOF the participating jurisdictions have caused THIS AC=RES to be executed on the / ( day of QC / DLt/G , 1991 as set forth hereinabove. CITY OF YAKIlMA By: � � � date" Richard Zais, jr. City Manager ATT'ES'T: °awry. OF YAKI1M1 Alex Deccio, Chairman Graham Charles J. Klaric ATTEST: stoner date/O)/ 7 q / By. -tad& & / date© .. &...12 Bcputy Clerk of the Board City Clerk ATT'ES'T': By: (.-t ? ci i :date /0//-1/q/ Ci Yakima City/County Narcotics Unit Interlocal Agreement (Including City of Union Gap) -9 PROSECUTING ATTORNEY