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:
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City Clerk
(res/narcts.sc)
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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