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HomeMy WebLinkAbout2019-10-01 - Columbia River Drug Task Force Agreement - Interlocal Agreements GeneralINTERLOCAL COOPERATIVE AGREEMENT COLUMBIA RIVER DRUG TASK FORCE I. Parties II. The Parties to this Agreement are the City of Wenatchee, Washington State Patrol, County of Chelan, and City of East Wenatchee; each of which is a municipal corporation or legal Party operating under the laws and in the State of Washington. Authority This Agreement is entered into pursuant to Chapter 39.34 RCW. III. Purpose The Parties hereto desire to establish and maintain a multi-jurisdictional narcotics and gang control program and task force. IV. Formation There is hereby established a multi-jurisdictional narcotics and gang task force to be hereafter lmown as the "Columbia River Drug Task Force" consisting of the City of Wenatchee, Washington State Patrol, County of Chelan, and City of East Wenatchee as members thereof. This special investigations unit or task force will be created to operate within Chelan County, City of Wenatchee, City of East Wenatchee, and Douglas County. As special needs arise, it may be necessary to request personnel be assigned from Federal or State law enforcement and/or support agencies, neighboring task forces, and the Washington State Patrol, at the discretion of the Task Force Commander. V. Duration In September of each year, the Parties shall review the objectives, operation, and effectiveness of the task force and make any changes to this Agreement deemed necessary by the Parties. Notwithstanding the above, any Party may withdraw from the task force and terminate the Pmiy's pa1iicipation in the Agreement upon giving all other Parties thhiy (30) days written notice. 1 VI. Governance The affairs of the agency shall be governed by an executive board composed of five members. Such members shall be the Chief of Police of the City of Wenatchee, the Chief ( or designee) of the Washington State Patrol, the Chelan County Sheriff, the Chelan County Prosecuting Attorney, and the Chief of Police of the City of East Wenatchee, or his/her designee in the case of the member's disability or absence. Each member of the executive board shall have an equal vote and voice on all executive board decisions. Unless otherwise provided, Robe1is Revised Rules of Order shall govern all procedural matters relating to the business of the executive board. The presiding officer (Chair) shall be elected by the executive board members, together with such other officers as a majority of the executive board may dete1mine. There shall be monthly meetings of the executive board, and no less than fifteen (15) days notice shall be given to all members prior to such meeting. Meetings shall be held on a date and time to be dete1mined by the Task Force Commander, cunently the Chief of Operations of the Chelan County Sheriff's Office, and executive board members. At each meeting, the executive board may review and present a budget to the paiiicipating units. The chair may call extra sessions as necessary, upon a minimum of 72 hours notice. When the executive board votes on any matter, a simple majority of those present shall be required for passage. A quorum of three must be present at each meeting for any actions to be valid. The lead agency shall be selected by a majority vote of the executive board. Prior to a vote of the executive board to change the lead agency, the executive board agrees to discuss and cons"ider that the former lead agency will require an open Sergeant's position for the returning supervisor. The executive board further understands and agrees that any new lead agency selected is required to create a new Sergeant's position to avoid any supplanting as prohibited by state and federal regulations. The County of Chelan is currently the lead agency and may be changed by majority vote. Any agency elected by majority vote to be the lead agency can decline as the lead agency. In emergency situations, the chair may conduct a telephone or email poll of executive board members to resolve any issues. The executive board may develop written by-laws, regulations, and operations procedures to carry out the terms of this Agreement. 2 VII. Staff The lead agency shall be responsible for informing the executive board on all matters relating to the function, expenditures, accomplishments, and problems of the task force. The lead agency shall prepare written reports to the executive board on the actions, progress, and finances of the task force; reports to be presented to the executive board at dates to be detetmined jointly by the lead agency and executive board members. In addition, the lead agency shall be responsible for preparing all proposed budgets and presenting rules, procedures, regulations, and by-laws and revisions thereto for executive board approval. Each Party shall contribute at least one investigative officer to be assigned to the task force. The personnel assigned to the unit shall be considered an employee of the contributing Patiy. All rights, duties, and obligations of the employer and the employee shall remain with the individual Party. Each Party shall hold harmless, defend, and indemnify the task force in any action involving the task force activities arising from said Patty's sole negligence, including payment of all attorney fees and costs. In the event of negligence of more than one Party, each Patty shall be responsible for its proportionate share of damages and/or other award attributable to the Party. In the event of negligence or other wrongful acts asserted against more than one Patiy in a lawsuit, any damages awarded shall be levied in propmtion to the percentage of the fault attributable to each Patty as detetmined in a separate proceeding with the same trial judge that presided over the main lawsuit. It being futther agreed by the Patties to reserve their cross-claim until after the main issue of liability has been resolved. In the event of negligence or other wrongful acts asserted against more than one Patty which is resolved prior to the commencement of a lawsuit, then should the Patties involved in such claims fail to agree among themselves as to the apportionment of fault, then the Parties involved agree to use binding arbitration for the detetmination of each Patty's fault, if any, as specified hereinafter (Section XI, Arbitration). The Patties hereby covenant to use their best efforts to maintain a united defense to any claims made against the task force and to meet and negotiate in good faith as soon as practicable after notice of any claim or action for the purpose of detetmining how to proceed in such defense. The Parties hereto shall select by majority decision a spokesperson for all information to be released to the public. It shall be the responsibility of the unit to investigate narcotics trafficking and related or unrelated gang activity, attempting to impact the highest level dealer and wholesaler as possible. In circumstances where a determination of specific priorities of those investigations must be made, the executive board will direct the 3 commander as to those priorities. The task force will be responsible for accomplishing the executive board's objectives. VIII. Contribution Each Party will contribute as set forth in the budget approved by the executive board, and as approved by the governing boards of Chelan County, City of Wenatchee, and City of East Wenatchee. The executive board Chair shall be responsible for the accounting of and for task force expenditures. Assets will remain with the task force in accordance with RCW 69.50.505 on Seizures and Forfeitures. The unit may purchase information and establish drug buy funds. These funds shall serve as a basis for enforcement work. Strict accounting of all evidence and funds shall be required, which shall be accomplished in compliance with all Federal, State, and local laws for such. The Chelan County Sheriff's Office will be responsible for all grant reimbursement collections and distribution from Federal 1 State, and local agencies. Grant distributions to Patties will be according to Attachment A, "Basis for Grant Distribution." IX. Termination Tennination shall be in accordance with those procedures set forth in prior sections. The value of the assets, including forfeited assets minus the percentage owed to the Washington State Treasurer's Office, of the task force shall be determined by using commonly accepted methods of valuation. Assets that are not fixtures may be purchased by any participating Party at the asset's fair market value upon termination. If two or more participating Patties desire an asset, then an auction shall take place for that asset. Any real estate, fixtures, or structures owned by the task force may be purchased by participating Parties. If more than one Party desires to purchase the realty and structures, then an auction shall take place. Two or more participating Patties may join in any purchase. Any prope1ty not sold shall be declared surplus to the executive board and disposed of pursuant to State law for disposition of surplus prope1ty. The proceeds from the sale or disposition of the prope1ty of the task force, after payment of any and all costs of sale or debts of the agency, shall be distributed to those Parties remaining in the task force at the time of dissolution in proportion to the city's or county's percentage of participation, performance, and overall contribution to the task force as of the date of dissolution. Any termination agreement shall be in compliance with Washington State 4 X. Department of Commerce policies. Compliance with the Law The task force shall comply with all Federal, State, and local laws affecting the task force. XI. Arbitration Any dispute between the Parties concerning the application of or violation of the express terms of this Agreement shall be resolved through arbitration. For purposes of arbitration, each Paity shall attempt to agree on a neutral arbitrator. If the Parties cannot agree on an arbitrator, they will request a list of no less than five arbitrators from the American Arbitration Association. The Parties shall then alternately strike names to pick an arbitrator (first strike shall be dete1mined by the toss of a coin). The arbitrator shall be requested to render his or her decision within thhty (30) days of the close of the hearing or receipt of post-hearing briefs. The arbitrator's award will be final and binding on all Parties, provided however, that no authority is granted to the arbitrator to alter, modify, add to or delete any terms of this Agreement. The arbitrator's fees and expenses shall be paid by the losing Party. Each Party shall be responsible for payment of all fees and expenses related to the presentation of this case. The arbitrator shall be governed by the statutes of the State of Washington and court decisions governing such procedures. XII .. Filing Upon execution hereof, this Agreement shall be filed with the City Clerk of the City of Wenatchee, City Clerk of the City of East Wenatchee, and the Chief Civil Deputy for Chelan County Sheriffs Office. 5 XIII. Severability If any part, paragraph, section, or provision of the Agreement is held to be invalid by any comi of competent jurisdiction in the State of Washington, such adjudication shall not affect the validity of any remaining section, part, or provision of this Agreement. XIV. Municipal Authorization This Agreement shall be executed on behalf of each participating Pmiy by its duly authorized representative and pursuant to an appropriate motion, resolution, directive, or ordinance of each pmiicipating Party. This Agreement shall be deemed adopted upon the date of execution by the last so authorized representative. XV. Alterations This Agreement may be modified, amended, or altered by agreement of all pmticipating Pmiies, and such alteration, amendment, or modification shall be effective when reduced to writing and executed in a manner provided for in paragraph XIV above. XVI. Records The task force and/or the lead agency shall maintain all business records related to the task force. Upon dissolution of the task force, such records shall be kept and maintained by the lead agency. These records shall be available for full inspection and copying by each participating Pmiy. All original reports, statements, and other documentation shall be filed and maintained by the lead agency. Copies of all case files shall be made available to the venue agency and/or the employing agency. Property and evidence shall be maintained by the lead agency. 6 Q!frk of the Board CITY OF WENATCHEE Approved this __ /_/ _~ ____ day of (9 ~ , 2018. FRAktJli:i ATTEST: TAMMY L STANGER, ~XW-11$V tyClerl< 7 INTERLOCAL COOPERATIVE AGREEMENT COLUMBIA RIVER DRUG TASK FORCE BASIS FOR GRANT DISTRIBUTIONS ATTACHMENT A All Parties may request payment from grant balances at the Columbia River Drng Task Force once a quarter. At least annually, an allocation budget for grant funds will be provided to Parties, outlining their quarterly budget, using the following allocation basis: 1. Cover all salary costs for the Administrative Assistant/ Analyst. 2. To the extent available, remaining grant balances will be applied ratably to salary and benefits for the employees of the Chelan County Sheriff's Office, Wenatchee Police Department, East Wenatchee Police Department, and Chelan County Prosecuting Attorney's Office, i.e. sergeant, detectives, and prosecuting attorney(s), participating on the task force. Supplanting Rule: Note that to avoid "Supplanting" local Parties must not apply their budgeted grant funds in a manner that l'equires them to spend less funds in current year on Task Force activities than they have in the past and/or have budgeted to spend if budget is higher titan past expenditures. Supplanting would be a direct violation of regulations governing grant funds. Approved by Columbia River Drug Task Force Executive Board 11/30/2017 Amended 02/22/2018 9