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HomeMy WebLinkAboutR-1992-D6109 Narcotics• RESOLUTION NO. D 61 0 9 A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a Second Amended Yakima City/County Narcotics Unit Interlocal Agreement. WHEREAS, the City of Yakima joined with Yakima County in a 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 their law enforcement agencies to combat controlled substance traffick- ing; and WHEREAS, the City of Union Gap joined the City/County Narcotics Unit by amendment to the above -said agreement dated October 16, 1991; and WHEREAS, a second amendment to the agreement is needed to change the disposition of donated funds in the event of disso- lution of the Unit; and WHEREAS, the second amendment is in accord with Chapter 39.34 RCW, authorizing local jurisdictions to enter into cooperative agreements, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk are hereby authorized and directed to execute the Second Amended Yakima City/County Narcotics Unit Interlocal Agreement, a copy of which is at- tached hereto and incorporated by this reference. ADOPTED BY THE CITY COUNCIL this a'day of th*FiZil___ 1992. ATTEST: ›ec City Clerk (res/narcts.sc) (;) Mayor SECOND AMENDED YAKIMA CITY/COUNTY NARCOTICS UNIT INTERLOCAL AGREEMENT This Interlocal agreement is made and entered into pursuant to the provisions of Chapter 39.34 RCW, by and among the City of Yakima, the City of Union Gap and the County of Yakima. RECITAL S: 1. The high level of illegal sale and use of controlled substances in the cities of Yakima and Union Gap and County of Yakima has increasingly serious and adverse effects on the quality of life in these Cities and the 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 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 City of Yakima and Yakima County entered into a written 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 combat controlled substance trafficking. The City of Union Gap joined the City/County Narcotics Unit by amendment to that Agreement dated October 16, 1991. This second amendment is intended to change the disposition of donated funds, in the event of dissolution of the Unit, as provided for in Section 6.c. 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 Yakima City/County Narcotics Unit Interlocal Agreement - 1 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 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 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"; Yakima City County Narcotics Unit Interlocal Agreement - 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 purposes of any loss, claim, damages, or liabilities arising out Yakima City/County Narcotics Unit Interlocal Agreement - 3 of or related to the services provided to the Unit or the activities of the Unite Bach 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 ore than one entity, each party shall be responsible for its proportionate share of damages and/or other award attributable to that entity. 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 over 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 and the cities of Yakima and Union Gap authorize their respective Police Chiefs 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 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 Yakima City County Narcotics Unit Interlocal Agreement - 4 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. 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 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. Such operating agreement 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. Yakima City County Narcotics Unit Interlocal Agreement - 5 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. BECTIO;N 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 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 four 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 among 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 Rent 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. Yakima City/County Narcotics Unit Interlocal Agreement - 6 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, except monies received from U.S.D.E.A. or other non-member agencies) 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 among 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. Monies contributed by U.S.D.E.A. and/or other non-member agencies shall be distributed to the respective member agencies for whom contributed. d. Notwithstanding the termination of this Agreement and distribution of Unit properties as herein described, such property and monies acquired pursuant to RCW 69.50.505 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 received by either party in consequence of local drug law enforcement activities and any funds received by either party from U.S.D.E.A. or other law enforcement sources for drug law enforcement purposes shall be deposited in the Fund, except as Yakima City/County Narcotics Unit Interlocal Agreement - 7 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 i.mprest 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 Fund. The State's share shall be remitted by the Treasurer to the State PSE or other 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 Yakima City/County Narcotics Unit Interlocal Agreement -. 8 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 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 any of the parties. SECTION 10. AGREEMENT CONTROLLING. Upon execution hereof, this Agreement shall suspersede that Yakima City/County Narcotics Interlocal Agreement dated October 16, 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. IN WITNESS WHEREOF the participating jurisdictions have caused THIS AGREEMENT to be executed on the day of , 1992 as set forth hereinabove. Yakima City/County Narcotics Unit Interlocal Agreement - 9 CITY OF YAKIMA By: Rich rd Zais, Jar. City Manager COUNTY OF YAKIMA Alex Deccio, Chairman Gra loner Charles Kia Attest: /,� �J� , 5,/!%12_ By City Clerk date CI By: ION AP Roald' Krebs, Mayor Attest: 5JVS(3C\wd) Commissioner C 3.31.92 the Boar'J date APPROVED AS TO FORM: Clerk date j CITY Cf7ifii°.wCi CiO, 2- Sv j - Yakima City/County Narcotics Unit Interlocal Agreement - 10 V. Staffan, DPA BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 1 f For Meeting of 4-28-92 ITEM TITLE: Consideration of a Resolution Authorizing the Execution of an Amended Agreement with Yakima City/County Narcotics Unit SUBMITTED BY: Pleas J. Green, Chief of Police CONTACT PERSON/TELEPHONE: Pleas Green, 575-6061 SUMMARY EXPLANATION: Attached is a resolution authorizing a second amendment to the existing Yakima City/County Narcotics Unit Interlocal Agreement. This agreement, originally established in 1979, provides the structure and operation of a cooperative working agreement created to combat controlled substances trafficking within Yakima County. In October, 1991, the City of Union Gap joined the the City/County Narcotics Unit by amendment. The attached second amendment is intended to change the disposition of donated funds, in the event of dissolution of the Unit. Upon approval and execution of the attached document, this agreement will supersede the Yakima City/County Narcotics Interlocal Agreement dated October 16, 1991. X Resolution Ordinance Contract Minutes Plan/Map Notification List . Other Specify) APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Approve Resolution. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution N. D-6109