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HomeMy WebLinkAbout88-010 - Valley Cities - Multi-Jurisdictional Narcotics ControlApplicant Jurisdiction Participating Jurisdictions NARCOTICS CONTROL PROGRAM CO a, MULTI JURISDICTIONAL TASK FORCE INTERLOCAL AGREEMENT City of Auburn City of Kent City of Renton City of Tukwila W I T N E S S E T H A 8A C FILE DATE W,/ This INTERLOCAL AGREEMENT is made and entered into pursuant to the provisions of RCW 39 34 this 26th day of January, 1987, by and between the following jurisdictions WHEREAS, pursuant to the Anti -Drug Abuse Act of 1986, P L 99- 570, Subtitle K, The State and Local Law Enforcement Assistance Act, the U S Department of Justice, Bureau of Justice Administration has appropriated monies to the state of Washington to fund a coordinated statewide Narcotics Control Program, and WHEREAS, the Washington State Department of Community Development, hereinafter referred to as DCD, has been designated to administer the Narcotics Control Program for the state of Washington, and and L WHEREAS, eligible applicants include cities, counties, and Indian tribes, /1‘ =zJ 7� z �f` WHEREAS, DCD is soliciting applications from consortia of eligible applicants for the purpose of funding regional, multi- jurisdictional drug law enforcement task force projects to reduce drug trafficking and consumption in the state of Washington, and WHEREAS, DCD desires to enter into a contract with one participating jurisdiction, hereinafter referred to as the applicant jurisdiction, to administer the task force project on behalf of the participating jurisdictions, and WHEREAS, the participating jurisdictions desire to enter into an agreement to enable the applicant jurisdiction to be the receiver of any grant, to administer the grant, and to be responsible for its terms and the task force project on behalf of the participating jurisdictions, NOW, THEREFORE, the participating jurisdictions do hereby agree as follows SECTION 1 PURPOSE The participating jurisdictions 1 Authorize their respective representatives to execute any and all necessary documents to obtain grant funds available pursuant to the State and Local Law Enforcement Assistance Act for the purpose of establishing a regional, multi jurisdictional task force, 2 Authorize personnel from their respective jurisdictions to participate in the activities of the task force according to the work plan established in the application for grant funds, which is attached to and is part of this Interlocal Agreement, and 3 Authorize personnel from the law enforcement agencies of their respective jurisdictions to enter into operating agreements, such as those pursuant to RCW 10 93, to enable these agencies to participate in multi jurisdictional Task Forces SECTION 2 DURATION This agreement shall commence on the day and year it is executed by the final representatives and, in the event the grant application is funded by DCD, shall continue until such grant is terminated SECTION 3 FINANCING Respective participating jurisdictions in the aggregate agree to provide no less than 25 percent of the financial resources necessary to support task force project activities according to the budget described in the application as attached In addition, each respective jurisdiction assures that the financial resources provided by jurisdictions, as described in the application, do not supplant or replace currently appropriated resources SECTION 4 ADMINISTRATION The City of Auburn is the applicant jurisdiction The applicant jurisdiction agrees to provide the necessary documentation to receive grant funds and ensure that the provisions of the application as attached, which is the basis for which any grant is awarded, are met The participating jurisdictions will arbitrate among themselves any dispute arising under this agreement 3 SECTION 5 ACQUISITION AND USE OF EOUIPMENT In the event that any equipment is acquired with grant funds received from DCD, the participating jurisdictions agree to use the equipment only for specified Program purposes during the life of the grant After the grant period ends, the participating jurisdictions agree to use the equipment only for approved law enforcement purposes and to devise a process of disposition that meets federal requirements SECTION 6 DISPOSITION OF FORFEITED ASSETS Vehicles to be traded to a car dealership, at the wholesale value, for credit to be applied toward the lease of vehicles for Task Force use Forfeited monies to be placed into a separate bank account, which will be controlled by the Board of Directors Funds in this account can be used to supplement Task Force Operations or be distributed equitably to member agencies, and those other agencies which may assist the Task Force in certain investigations, at the discretion of the Board of Directors Forfeited properties shall be disposed of in accordance with RCW 69 50 505, and the proceeds shall be deposited in the bank account of the Task Force At the conclusion of the Task Force grant period, all forfeited funds and property remaining shall be equitably distributed among the participating agencies SECTION 7 INTEGRATION This agreement, and the application as attached, contains all the terms and conditions agreed upon by the parties except necessary operational agreements between the law enforcement agencies of the respective jurisdictions, if any 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 4 IN WITNESS WHEREOF THE PARTICIPATING JURISDICTIONS HAVE caused this agreement to be executed on the day and year set forth hereinabove Signed Hereupon Tit Jurisdiction Date c U■ MA N. vN W( Title Jurisdiction Date 2578G -06G JY7■ /74/ O �v Title 5 Jurisdiction p?- 6 Date Title CAG- 004 -88 Jurisdiction Date U D Chuck Clarke 1 e4,t dW 1% Director STATE OF WASHINGTON DEPARTMENT OF COMMUNITY DEVELOPMENT LOCAL GOVERNMENT SERVICES DIVISION Ninth Columbia Building, VISiGH -51 Olympia, Washington 98504 -4151 (206) 753 -2222 SCAN 234 -2222 The Honorable Robert Roegner Mayor of Auburn City Hall 25 West Main Street Auburn, Washington 98001 Dear Mayor Roegner. Enclosed are two copies of the grant contract between the City of Auburn and the Department of Community Development for implementation of the city's narcotics enforcement task force project If you agree with how the contract is written, please sign both copies and return them to us We will then sign them and forward a copy to you for your records Please keep in mind that the local matching funds required by the grant must be in addition to funds that would otherwise be made available for drug law enforcement by the jurisdictions participating in your task force project. Also, the federal funds provided by the grant cannot be used to take the place of local funds that would have been available for drug enforcement. If you have any question about the grant or the contract, please call me at (206) 586 -0487 We are looking forward to working with you, the City of Auburn, and the other jurisdictions on this project ST ps Enclosures December 22, 1987 Sincerely, George C Turnull, Jr Program Administration turn LItyAtterneys L IAN 1 1 1988 I 01 MM ?1819t10,ll 121 2,3,4t516 Archaeology and Historic Preservation Community Services Emergency Management Fire Protection Services Local Development and Housing Local Government Services Public Works State of Washington Department of Community Development Local Government Services Division Narcotics Control Grant Contract No 1 -88 -26001 This CONTRACT, entered into by the City of Auburn (hereinafter referred to as the CONTRACTOR) and the Department of Community Development (hereinafter referred to as the DEPARTMENT), WITNESSES THAT o The DEPARTMENT has received funds from the U S Department of Justice under authority of the Anti -Drug Abuse Act of 1986, Title I, Subtitle K, the State and Local Law Enforcement Assistance Act (Public Law 99- 570) to provide grants to local units of government for drug law enforcement o The DEPARTMENT desires to provide a conditional grant to engage the CONTRACTOR to perform certain tasks as hereinafter agreed upon by both parties o This conditional grant to the CONTRACTOR is subject to the specific legislation, regulations, and policies applicable to the Anti -Drug Abuse Act of 1986, Title I, Subtitle K, the State and Local Law Enforcement Assistance Act (Public Law 99 -570) NOW, THEREFORE, in consideration of covenants, conditions, performances, and promises hereinafter contained, the parties hereto agree as follows 1 SERVICE PROVISIONS a) The CONTRACTOR shall use the grant funds solely for a regional, multi jurisdictional task force project consistent with the task force project proposal submitted to the DEPARTMENT on August 15, 1987, as part of the application for funding, upon which the grant was based b) ATTACHMENT A STATEMENT OF WORK and ATTACHMENT B PROJECT BUDGET are, by this reference, incorporated into this contract 2 FUNDING a) The total funds to be reimbursed to the CONTRACTOR for the contract period shall not exceed $203,433. b) The CONTRACTOR shall provide an amount of not less than 25 percent of the cost, in the aggregate, of the uses identified in ATTACHMENT A STATEMENT OF WORK and as specified in ATTACHMENT B PROJECT BUDGET 3 CERTIFIED ASSURANCES By execution of this contract, the CONTRACTOR certifies that it will assure to the provisions contained in ATTACHMENT C: CERTIFIED ASSURANCES, which by this reference, is incorporated into this contract. 4 CONTRACT PERIOD The effective date of this contract shall be January 1, 1988 The termination date of the contract shall be January 31, 1989 5 REIMBURSEMENT PROVISION The CONTRACTOR shall submit a Washington State Invoice Voucher to the DEPARTMENT indicating the type of services rendered preceding date of the voucher Within twenty (20) days after receiving the voucher, the DEPARTMENT shall remit to the CONTRACTOR a warrant covering the cost of the prior agreed upon activities The final voucher must be submitted to the DEPARTMENT prior to February 15, 1989 Final payment under this contract shall be contingent upon receipt of the final report 6 RECAPTURE PROVISION a) In the event that the CONTRACTOR fails to expend federal funds in accordance with federal or state law or the provisions of this contract, the DEPARTMENT reserves the right to recapture funds in amount equivalent to the extent of the noncompliance Such right of recapture shall exist for a period not to exceed three years following contract termination Repayment by the CONTRACTOR of funds under this recapture provision shall occur within 30 days of demand. In the event that the DEPART- MENT is required to institute legal proceedings to enforce the recapture provisions, the DEPARTMENT shall be entitled to its costs thereof, including reasonable attorney's fees b) In the event that the CONTRACTOR fails to provide to the project matching resources in full and in accordance with the provisions of this contract, the DEPARTMENT reserves the right to recapture or withhold funds in an amount equivalent to the extent of the non compliance 7 EVALUATION and MONITORING a) The CONTRACTOR shall cooperatively and freely participate in any monitoring or evaluation activities conducted by the DEPARTMENT that are pertinent to the intent of this contract b) At any time during or for the duration of this contract, the CONTRACTOR shall cooperate with and freely participate with the DEPARTMENT in the development of a statewide comprehensive data system related to drug abuse and drug law enforcement activities, including a uniform data reporting system c) The DEPARTMENT or the State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours and as often as the DEPARTMENT or the State Auditor may deem necessary, all the CONTRACTOR'S records with respect to all matters covered in this contract Such representatives shall be permitted to audit, examine, and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls, and records of matters covered by this contract Such rights last for three years from the date final payment is made hereunder 8 NONDISCRIMINATION PROVISION There shall be no discrimination against any employee who is paid by the funds indicated in the contract or against any applicant for such employment because of race, color, religion, handicap, marital status, political affiliation, sex, age, or national origin This provision shall include, but not be limited to the following employment, upgrading, demotion, transfer, recruitment, advertising, lay -off or termination, rates of pay or other forms of compensation, and selection for training. 9 CONTRACT MODIFICATIONS The DEPARTMENT and the CONTRACTOR may, from time to time, request changes in services to be performed with the funds Any such changes that are mutually agreed upon by the DEPARTMENT and the CONTRACTOR shall be incorporated herein by written amendment to this contract It is mutually agreed and understood that no alteration or variation of the terms of this contract shall be valid unless made in writing and signed by the parties hereto, and that any oral understanding or agreements not incorporated herein, unless made in writing and signed by the parties hereto, shall not be binding 10 TERMINATION OF CONTRACT a) If, through any cause, the CONTRACTOR shall fail to fulfill in a timely and proper manner its obligations under this contract or if the CONTRACTOR shall violate any of its covenants, agreements, or stipulations of this contract, the DEPARTMENT shall thereupon have the right to terminate this contract and withhold the remaining allocation if such default or violation is not corrected within twenty (20) days after submitting written notice to the CONTRACTOR describing such default or violation b) Notwithstanding any provisions of this contract, either party may terminate this contract by providing written notice of such termination, specifying the effective date thereof, at least thirty (30) days prior to such date c) Reimbursement for CONTRACTOR services performed, and not otherwise paid for by the DEPARTMENT prior to the effective date of such termination, shall be as the DEPARTMENT reasonably determines d) The DEPARTMENT may unilaterally terminate all or part of this contract, or may reduce its scope of work and budget, if there is a reduction in funds by the source of those funds, and if such funds are the basis for this contract 11 PROPERTY AND EQUIPMENT All property, equipment, or other assets purchased partially or wholly with funds provided by this grant shall be considered the property of the task force as identified in ATTACHMENT A STATEMENT OF WORK and shall remain the property of the task force until it is disbanded In the event that the task force is disbanded, such property shall be distributed in such a manner as to provide for an equitable disposition among the parties to the task force as mutually agreed to by each party In the event that only one party terminates its participation in the task force, the property shall remain the property of the task force until it is disbanded 12 SPECIAL PROVISION The DEPARTMENT'S failure to insist upon the strict performance of any provision of this contract or to exercise any right based upon a breach thereof or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this contract 13 HOLD HARMLESS The CONTRACTOR'S relation to the DEPARTMENT and the state of Washington shall be at all times as an independent contractor Each party hereto agrees to be responsible and assume liability for its own wrongful and negligent acts or omissions, or those of its officers, agents, or employees to the fullest extent required by law, and agrees to save, indemnify, defend and hold the other parties harmless from any such liability In the case of negligence of more than one party, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party; and each party shall have the right to seek contribution from each of the other parties in proportion to the percentage of negligence attributable to each of the other pasties. 14 DISPUTES Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement that is not disposed of by contract shall be decided by the DEPARTMENT, which shall produce its decision in writing and mail, or otherwise furnish a copy thereof, to the GRANTEE The decision of the DEPARTMENT shall be final and conclusive. This "Disputes" clause does not preclude the consideration of questions of law in connec- tion with the decision provided for in the preceding paragraph provided that nothing in this contract shall be construed as making final the decisions of any administrative official, representative, or board on a question of law 15 GOVERNING LAW AND VENUE 16 SEVERABILITY This contract shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the state of Washington Venue of any suit between the parties arising out of this contract shall be the superior court of Thurston County, Washington In the event any term or condition of this contract or application thereof to any person or circumstances in held invalid, such invalidity shall not affect other terms, conditions, or applications of this contract which can be given effect without the invalid term, condition, or application To this end the terms and conditions of this contract are declared severable 17 CONTRACT ADMINISTRATION a) The CONTRACTOR shall administer this contract in accordance with the specific legislation, regula- tions, and policies applicable to the Anti -Drug Abuse Act of 1986, Title I, Subtitle K, the State and Local law Enforcement Assistance Act (Public Law 99 -570) b) CONTRACTOR'S representative shall be c) DEPARTMENT'S representative shall be IN WITNESS HEREOF, the DEPARTMENT and CONTRACTOR have executed this contract as of the date and year written below Chuck Clarke, Director Contractor Department of Community Development DATE DATE APPROVED AS TO FORM Ass.}tant Attorney General DATE I Z i q g 7 ATTACHMENT A STATEMENT OF WORK City of Auburn Narcotics Task Force The members of the task force shall formally structure and jointly coordinate a selected law enforcement activities, resources, and functions in order to disrupt illegal drug trafficking systems and to remove traffickers through a cooperative program of investigation, prosecution, conviction, and asset forfeiture The task force shall be a part of the state of Washington's Narcotics Control Program Critical elements of the task force work program shall include the following 1 Establishment of a regional, multi jurisdictional task force, which shall be composed of the following o A task force commander; o Three officers; o One half -time deputy prosecutor; and o One clerical support staff 2 Formal adoption of a task force strategy consistent with the task force proposal submitted by the city of Auburn to the DEPARTMENT as part of the task force grant application A task force board of directors shall be established and consist of the chief administrators of the following agencies, or their designees o City of Auburn Police Chief; o City of Kent Police Chief, o City of Tukwila Police Chief; and o City of Renton Police Chief It shall be the responsibility of the task force board of directors to set policy and goals of the task force operation and to review activities The board of directors shall meet periodically, but not less than quarterly 3 Implementation of task force operation, which shall achieve the following results o Impact the level of drug consumption and trafficking in the south King County region; o Concentrate efforts on higher level offenders; o Increase citizen awareness of illicit drug use activity; o Develop functioning networking arrangements with other law enforcement agencies regarding the interdiction of smuggling off the county's coastline; o Enhance the internal effectiveness of task force operations by allotting more detective time to investigate work; o Be more responsive to citizen reports through better management of information and use of computerization; o Develop cases that are sufficiently substantiated to result in successful court outcomes; o Develop information about the specific outcomes of task force activities and their interrelationships and to establish an information system for data collection and interpretation; and o Seize and forfeit assets related to drug trafficking Budget Category Local Federal Total 1 Personnel $82,839 $132,369 $215,208 2 Equipment -0- 31,495 31,495 3. Facilities 4 Training 5 Supplies 6 Operating Expenses TOTAL ATTACHMENT B PROJECT BUDGET City of Auburn Narcotics Task Force 0- 0- 0- 0- $82,839 12,644 12,644 2,800 2,800 1,125 1,125 23,000 23,000 $203,433 $286,272 ATTACHMENT C CERTIFIED ASSURANCES 1 The Contractor assures that, following the first fiscal year covered by this Agreement and each fiscal year thereafter, it shall submit to the Washington State Department of Community Development (DCD) a summary of the activities carried out with grant funds and an assessment of the impact of such activities on meeting the needs identified in the Statewide Strategy submitted under section 1302 of the Anti Drug Abuse Act of 1986 (hereinafter referred to as "the Act 2 The Contractor assures that federal funds made available under section 1302 of the Act will not be used to supplant local funds, but will be used to increase the amounts of such funds that would, in the absence of federal funds, be made available for drug law enforcement activities 3 The Contractor assures that matching funds required to pay the non- federal portion of the cost of its program or project, for which federal grant funds are made available, shall be in addition to funds that would otherwise be made available for drug law enforcement 4 The Contractor assures that fund accounting, auditing, monitoring, and such evaluation procedures as may be necessary, to keep such records as the United States Bureau of Justice Assistance (BJA) or DCD shall prescribe, shall be provided to assure fiscal control, proper management, and efficient disbursement of funds received under the Act 5 The Contractor assures that it will maintain such data and information and submit such reports, in such form, at such times, and containing such information as BJA, DCD, or the Washington State Patrol may required 6 The Contractor assures that it will comply, and all its subgrantees and contractors will comply, with the nondiscrimination requirements of the Justice Assistance Act; Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973, as amended; Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; the Department of Justice Nondiscrimination Regulations 28 CFR Part 42, Subparts C, D, E, and G; and, Executive Order 11246, as amended by Executive Order 11375, and their implementing regulations, 41 CFR Part 60 1 et seq as applicable to construction contracts 7 The Contractor assures that in the event a federal or state court or federal or state administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, or sex against a recipient of federal funds, the recipient will forward a copy of the finding to the Office of Civil Rights Compliance, Office of Justice Programs 8 The Contractors assures that it will comply with the provisions of the Office of Justice Programs' "Financial and Administrative Guide for Grants," M7100 1C. 9 The Contractor assures that it will comply with the provisions of 28 CFR applicable to grants and cooperative agreements, including Part II, Applicability of Office of Management and Budget Circulars; Part 18, Administrative Review Procedures; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; and Part 63, Floodplain Management and Wetland Protection Procedures 10 The Contractor assures that it will comply with Executive Order 12372, regarding intergovernmental review of federal programs through the Washington Intergovernmental Review Process (WIRP) 11 The Contractor assures that it has entered into an Interagency Agreement with all agencies participating in the Task Force project. The Interagency Agreement shall specify the purpose of the Task Force, the organizational structure, the roles of each jurisdictions, the terms and conditions of programmatic and financial participation, and procedures for disposing of any equipment purchased with project funds or assets seized as a result of successful operations NAME OF ORGANIZATION NAME OF PROJECT ,=AUTHORIZED JO SIGN APPUCATIONS /REVISED APPLICATIONS SIGNATURE PRINT OR TYPE NAME AUTHORIZED TO SIGN CONTRACTS /CONTRACT MODIFICATIONS SIGNATURE PRINT OR TYPE NAME SIGNATURE SIGNATURE DCO 1334. (11/87) Ataffitia.3 APARTMENT OF COMMUNITY DEVELOPMENT SIGNATURE AUTHORIZATION Ninth Columbia Building Mail Stop GH -51 Olympia, WA 98504 AUTHORIZED TO SIGN VOUCHERS PRINT OR TYPE NAME DATE SUBMITTED CONTRACT NUMBER TITLE TITLE TITLE AUTHORIZING AUTHORITY PRINT OR TYPE NAME TITLE INTERLOCAL COOPERATIVE AGREEMENT NARCOTICS TASK FORCE OPERATIONAL AGREEMENT PARTIES The parties to this agreement are the Cities of Kent, Auburn, Renton and Tukwila, each of which is a municipal corporation operating under the laws of the State of Washington II AUTHORITY This agreement is entered into pursuant to Chapter 10 93 RCW and Chapter 39 34 RCW III PURPOSE The parties hereto desire to establish and maintain a multi jurisdictional narcotics control program and task force IV FORMATION There is hereby established a governmental agency to be hereafter known as the "Narcotics Task Force" consisting of the Cities of Kent, Auburn, Renton and Tukwila as members thereof This special investigations unit or task force will be created to operate within King County As special needs arise, it may be necessary to request personnel be assigned from Federal law enforcement -1- agencies, the Washington State Patrol, law enforcement agencies within King County and the King County Prosecutor's Office, at the discretion of the Project Coordinator V STATEMENT OF PROBLEM King County and the municipalities located within the County have experienced crime problems due to drug abuse, which has rapidly increased from the 1970's to the mid 1980's This increase stems not only from an increase in population in all areas and changing drug abuse trends, but also from the lack of resources to maximize drug enforcement efforts A significant number of major crimes such as residential and commercial burglary, robbery, and assault are committed by drug abusers King County's experience in this regard is consistent with national trends that reveal a truly staggering number of crimes committed by drug users. Enforcement efforts directed at reducing drug trafficking in King County have, for the most part, been conducted by law enforcement agencies working independently There has been little coordinated and concentrated effort directed at drug offenders and related offenses, despite the fact that drug traffickers and the crimes they generate do not respect jurisdictional boundaries of municipalities and -2- Act counties Significant drug arrests have occurred because of detailed investigations by existing investigative units However, multi- agency task force operations have been proven more effective in large -scale investigations An intensive and concentrated effort directed at such offenders can result in significant crime reductions far in excess of the results of additional manpower devoted to normal police patrol functions within one jurisdiction The County criminal justice system must check and /or reduce the drug abuse and related problems within King County by a coordinated and concentrated effort by initiating and conducting drug investigation at the highest trafficking level possible and enforcing the criminal provisions of the Uniform Controlled Substances Federal law enforcement agencies, in conjunction with the Washington State Patrol, King County, other city and tribal law enforcement agencies, and the King County Prosecutor's Office may be requested to assist in the investigation of significant drug groups within King County, that would be outside the scope of this Interlocal Task Force. VI DURATION The minimum term of this agreement shall be one year This agreement shall automatically be extended for consecutive one year periods unless one or more of the participating cities gives notice of intent to terminate participation in the unit pursuant to this agreement Any such notice of termination shall be in writing and served on the other cities on or before January 1 of any year Such party's termination shall be effective on the last day of such year Because of the requirements of budgeting, such one year notice is necessary and is of the essence in giving of such notice Notification that grant funds will not be renewed, would justify a "notice period" of 90 days prior to 31 December of that year. VII GOVERNANCE The affairs of the agency shall be governed by an executive board composed by one member of each participating city Such members shall be the police chief or his or her designee in the case of the chief's disability or absence Each member of the executive 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 executive board The presiding officer shall be elected by it's members, together with such other -4- officers as a majority of the board may determine. There shall be a minimum of four meetings each year, and not less than fifteen days written notice shall be given to all members prior to such meeting. The first meeting shall be held on the second Tuesday of March of each year to review the prior year's service The second meeting shall be on the first Tuesday of August of each year to review and present a budget to the participating units. At least two other meetings shall be held each year to review the unit's activities and policies The chair may call extra sessions as necessary, upon a minimum of 72 hours notice When the board votes on any matters, a simple majority of those present shall be required for passage A quorum must be present at each meeting for any actions to be valid In emergency situations, the chair may conduct a telephone poll of board members to resolve any issues The board shall develop written bylaws, regulations and operational procedures within sixty (60) calendar days of the execution of this agreement VIII STAFF A Project Coordinator shall act as principal liaison and facilitator between the executive board and the members of -5- the task force The individual shall operate under the direction of the chair of the executive board. The Coordinator shall be responsible for informing the board on all matters relating to the function, expenditures, accomplishments and problems of the task force The Project Coordinator shall prepare quarterly written reports to the board on the actions, progress and finances of the task force In addition, the Coordinator shall be responsible for preparing all proposed budgets and presenting rules, procedures, regulations and bylaws and revisions thereto for executive board approval Each city shall contribute one full -time investigative officer to be assigned to the task force. The personnel assigned to the unit shall be considered an employee of the contributing city. That city shall be solely and exclusively responsible for that employee. All rights, duties, and obligations of the employer and the employee shall remain with that individual city Each city shall be responsible for ensuring compliance with all applicable laws with regard to employees and provisions of any applicable collective bargaining agreements and civil service rules and regulations. The personnel assigned by the individual cities shall be -6- continued under the employment of that city for purposes of any loss, claims, damages, liabilities arising out of or related to the services provided to the unit or the activities of the unit. Each city shall hold harmless, defend and indemnify the task force in any action involving the task force activities including payment of all attorney fees and costs. The insuring authority for each city shall provide the task force a rider or certificate of to cover activity being provided by the task force The staff for this task force shall consist of a Project Coordinator designated by the task force Executive Board; one individual commissioned police officer from each city, with a unit supervisor, appointed from the four city designated individuals. It shall be the responsibility of the unit to investigate narcotics trafficking, attempting to impact the highest level dealer and wholesaler as possible. In circumstances where a determination of specific priorities of these investigations must be made, the executive board will direct the coordinator as to those priorities. The task force will be responsible for accomplishing the board's objectives. -7- IX UNIT OBJECTIVES Policies and procedures will be developed to specifically target certain measures to be achieved by the task force during the program year. Should the task force continue in later years, these target measures shall be evaluated and amended, revised, delete or added to as appropriate 1 Disrupt drug organizations within King County; 2 Gather and report intelligence data relating to illegal drug activities within King County; 3. Make arrests that will impact the highest -level dealer and wholesaler as possible; 4 Effectively prosecute drug traffickers; 5. Promote law enforcement cooperation through multi agency investigations; and 6 Impact drug trafficking organizations. X FINANCIAL REQUIREMENTS This agreement is being entered into to establish a task force A portion of that task force will be funded by a grant from the Federal government Parties to this agreement shall contribute to the matching funds requirement of the grant as is set forth below. Contributions may be both in cash and in -kind. Records shall be maintained of all contributions and payments must be timely -8- CONTRIBUTION Each party will contribute 25% of the required matching funds (see attached budget). The viability of the task force will be evaluated should the Federal grant be reduced or eliminated 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 This fund 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 XI TERMINATION Termination shall be in accordance with those procedures set forth in prior sections. The value of the assets 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 city at the asset's fair market value upon termination If two or more participating cities desire an asset, then an auction -9- shall take place for that asset. Any real estate, fixture or structures owned by the task force may be purchased by participating cities. If more than one city desires to purchase the reality and structures, then an auction shall take place Two or more participating cities may join in any purchase Any property not sold shall be declared surplus by the executive board and disposed of pursuant to State law for the disposition of surplus property The proceeds from the sale or disposition of the property of the task force, after payment of any and all costs of sale or debts of the agency, shall be distributed to those cities remaining in the task force at the time of dissolution in proportion to that city's percentage of participation in the task force as of the date of dissolution. XII COMPLIANCE WITH THE LAW The task force shall comply with all Federal, State and local laws effecting the task force. XIII ARBITRATION Any dispute between the cities concerning the application of or violation of the express terms of this agreement shall be resolved through arbitration For purposes of arbitration, each city shall pick it's own arbitrator and, -10- a majority decision of the arbitrators shall be final and conclusive unless an aggrieved party, within ten (10) calendar days of receipt of the decision, challenges the decision of the arbitrators by serving and filing a petition for review with the Superior Court of King County, Washington. The only grounds for a petition for review shall be that the decision is 1. Not responsive to the questions submitted; 2 Contrary to the terms of the contract; 3. Is arbitrary or is not based on applicable facts or law controlling issues submitted for arbitration The arbitrator shall be governed by the statutes of the State of Washington and court decisions governing such procedures. The cost of arbitration shall be born by each city paying for it's own arbitrator and all other attorney fees and costs Should all four cities participate in an arbitration, those city's arbitrators shall meet and choose a fifth arbitrator who shall decide the matters in the dispute. XIV FILING Upon execution hereof, this agreement shall be filed with the City Clerk's of the respective participating cities, the director of records and elections of King County, the Secretary of State, and such other governmental agencies as may be required by law. XV SEVERABILITY If any part, paragraph, section or provision of this agreement is held to be invalid by any court of competent jurisdiction in the State of Washington, such adjudication shall not effect the validity of any remaining section, part or provision of this agreement XVI MUNICIPAL AUTHORIZATIONS This agreement shall be executed on behalf of each participating city by it's duly authorized representative and pursuant to an appropriate motion, resolution or ordinance of each participating municipality. This agreement shall be deemed adopted when the date of execution by the last so authorized representative This agreement may be executed by counterparts and be valid as if each authorized representative had signed the original document XVII ALTERATIONS This agreement may be modified, amended or altered by agreement of all participating municipalities and such alteration, amendment or modification shall be effective when reduced to writing and executed in a manner provided for by this agreement -12- XVII RECORDS The task force shall maintain all records related to the task force. Upon dissolution of the task force, such records shall be kept and maintained by the City of AUBURN These records shall be available for full inspection and copying by each participating agency. DATED* JANUARY 26, APPROVED AS TO FORM: 198$ IT 4L TTORN Y, OF KENT ATTORNEY, CITY OF AUBURN ITS ATTORNEY GITYIOF RENTON QTY ATTORNEY, CITY OF TUKWILA -13- CITY EN J C' E OF AUBUR' tITY0E-RENTAN GAG- UU5-S8 0 CITY OF TFKWOLA