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HomeMy Public PortalAboutILA-GC-DTF-2000RESOLUTION # 14-2000 A RESOLUTION ADOPTING AN INTERLOCAL AGREEMENT AS TO FORMING A COOPERATIVE DRUG ENFORCEMENT TASK FORCE, BY AND BETWEEN MOAB CITY, UTAH, GRAND COUNTY, UTAH AND SAN JUAN COUNTY, UTAH. WHEREAS, Moab City, Utah ("City"), Grand County, Utah ("Grand County"), and San Juan County, Utah ("San Juan County") have had discussions regarding the formation of a cooperative Drug Enforcement Task Force, and the benefits associated with the formation of a task force; and WHEREAS, Grand County, San Juan County and the City have determined that the Task Force can best be formed through an interlocal agreement; and WHEREAS, the Interlocal Agreement as to the forming a cooperative Drug Enforcement Task Force has been submitted to the Moab City Council, the Grand County Council and the San Juan County Council, NOW, THEREFORE, BE IT RESOLVED BY THE MOAB CITY COUNCIL that: 1. The Council hereby authorizes and approves the Agreement in substantially the form presented to this meeting of the Moab City Council with section 5 amended so that the last line reads, "In the event of a conflict between department policy of a member party and GSTF policy, GSTF officers shall abide by their respective department's policy." 2. The appropriate officials are hereby authorized and directed to execute and deliver the Agreement in substantially the form presented to this meeting of the Council. 3. This resolution shall be effective immediately upon its passage. PASSED AND APPROVED THIS 10th day of October, 2000. tST: Rachel Ellison City Recordzr Signed arla R. Hancock Mayor INTERLOCAL COOPERATION AGREEMENT THIS IS AN INTERLOCAL COOPERATION AGREEMENT, made and entered into by and between GRAND COUNTY and SAN JUAN COUNTY, both corporate and politic of the state of Utah, and MOAB CITY, a municipal corporation. WITNESSETH WHEREAS, pursuant to the provisions of the Interlocal Cooperation Act, Title 11, Chapter 13, Utah Code Annotated, (1999) public agencies, including political subdivisions of the state of Utah as therein defined, are authorized to enter into written agreements with one another for joint or cooperative action to provide police protection; and WHEREAS, all of the parties to this Agreement are public agencies as defined in the Interlocal Cooperation Act; and WHEREAS, all of the parties to this Agreement share a common problem related to illegal production, manufacture, sale, and use of controlled substances within their jurisdictions in violation of federal and state laws; and WHEREAS, effective investigation and prosecution of violations of the Controlled Substances Act require specialized personnel and regional cooperation; NOW, THEREFORE, the parties do mutually agree, pursuant to the terms and provisions of the Interlocal Cooperation Act, as follows: 1 Section 1. Effective date; duration. This Interlocal Cooperation Agreement shall become effective and shall enter into force, within the meaning of the Interlocal Cooperation Act, upon the submission of this Interlocal Cooperation Agreement, and the approval and execution hereof, by the governing bodies of all of the parties to this Agreement. The terms of this Interlocal Cooperation Agreement shall be from the effective dates hereof until December 31, 2005. This Interlocal Cooperation Agreement shall not become effective until it has been reviewed and approved for form and compatibility with the laws of the state of Utah by the Grand County Attorney's office, and the attorney for each of the parties to this Agreement. Prior to becoming effective, this Interlocal Cooperation Agreement shall be filed with the person who keeps the records of each of the parties hereto. Section 2. Administration of agreement. The parties to this Agreement do not contemplate nor intend to establish a separate legal entity under the terms of this Interlocal Cooperation Agreement. The parties to this Agreement do agree, pursuant to Section 11-13- 7, Utah Code Annotated (1999), to establish a joint administrative board responsible for administering the joint undertaking to be known as the Grand/San Juan Task Force, hereinafter referred to as "GSTF." The administrative board shall consist of one appointed representative from each 2 party to this Agreement. Each member of the administrative board shall be allowed one vote and all matters shall be determined, after appropriate discussion, by majority vote. The administrative board shall adopt such rules and procedures regarding the orderly conduct of its meetings and discussions, including the frequency and location of meetings, as it shall deem necessary and appropriate. The administrative board shall appoint one peace officer to act as project director for GSTF operations. The administrative board duties shall be to execute and carry out policies established by the governing board and to establish policies and procedures for the day to day operations of the GSTF. Grand County is appointed by the parties to this Agreement as the financial department of GSTF. Grand County shall oversee the accountability of GSTF, including the budget. Monies paid to GSTF shall be deposited with and accounted for by Grand County. Funds shall be audited in accordance with standard financial procedures and regularly established laws relating to audit and management of public funds. Grand County shall facilitate and make available checking accounts and procurement procedures. In addition to the above administration, the Grand and San Juan Attorney's Offices are designated to provide legal advice on civil matters related to GSTF operations. Since a separate entity is not created pursuant to 3 this Agreement, in the event a member officer or city becomes the subject of a claim or lawsuit, the individual officer or city will be required to defend itself. A governing board is hereby created to direct the affairs of the task force as provided herein. The board shall consist of five members. Each entity shall appoint one member to the governing board and that member shall serve at the pleasure of the governing body that appointed him or her. The board shall in all cases sit as a board. The board shall meet as necessary, in an open public meeting to approve expenditures, receive reports on task force activity, and conduct other scheduled board business. The task force budget will be approved at a regularly scheduled monthly meeting, to be held no later than June 15th each year. Additional board members will be selected by vote of 2/3 of standing board members. The county attorneys shall be the other two members of the governing board. The powers of the board include: A. Hearing in review and settling any disputes or matters the administrative board is unable to settle or which the administrative board refers to the board for its decision. B. Setting a budget for the task force on fiscal year basis. Said budget shall be set by June 15th of each year and shall govern the expenditures for the following July 1 through June 30 period. Capital expenditures shall be approved by the governing board by a unanimous vote. C. The governing board may be called upon to approve funding or provide special funding for a major investigation or operation as deemed necessary by the administrative board. 4 Section 3. Purposes. The GSTF is created for the purpose of enforcing, investigating, and prosecuting violations of narcotics and controlled substances laws of the state of Utah and the United States of America. The focus of GSTF efforts shall be directed toward narcotics enforcement in violation of federal or state laws. Section 4. Manner of Financing. The operation of the GSTF shall be financed by any and all available state and federal monies offered for such purposes and by direct contributions of money, personnel, and equipment from parties to this agreement. The administrative board shall review budget and expenses on a yearly basis together with a proposed budget for the coming year as prepared by the project director. The administrative board shall then establish a yearly budget. Unless otherwise provided by action of the governing board, GSTF shall operate on a fiscal year basis. Upon submission of the yearly budget to the administrative board, the board shall assess each member its proportionate share based upon United States government population figures. Any such assessments shall include assessments necessary for any matching state or federal grants. Each party agrees to pay its required assessment within thirty days of formal notification of the assessment by the administrative board unless said party withdraws from participation. 5 Section 5. Participation. Each party to this Agreement shall provide manpower, equipment and funds each year as determined by the administrative board. Officers supplied shall be category I peace officers of the state of Utah. Personnel assigned to GSTF operations shall comply with policies and procedures as established by the administrative and governing boards. Personnel shall act under the command of the project director. In the event of conflict between department policy of a member party and GSTF policy, as established pursuant to this Agreement, GSTF officers shall abide by their department policy. Section 6. Seizures and Forfeitures. Both federal and state law provides for forfeiture and seizure of property used for, or otherwise connected with, violations of the various controlled substance laws. Some of the forfeiture provisions may allow for direct transfer of property or money to GSTF. Other seizure or forfeiture statutes require transfer of seized or forfeited property only to the sheriff's office or to the police department of a party to this Agreement. Parties to this Agreement hereby agree that any property, money, or equipment seized or forfeited as result of GSTF operations shall immediately be dedicated to GSTF operations. Funds derived from such forfeitures and seizures shall not reduce participants' obligations to provide money, manpower, or equipment as established by the administrative board. 6 Notwithstanding the foregoing, forfeitures and seizures resulting from operations of police departments or the Grand and San Juan Counties sheriff's offices not related to GSTF operations shall be conducted separately and independently from GSTF operations. Property, cash, or equipment obtained by forfeiture or seizure through such non-GSTF operations shall become and remain the property of the involved agency as provided by law. In the event GSTF personnel and non-GSTF personnel are jointly involved in an operation, forfeiture or seizure of any available property will be aggressively pursued. The matter will be submitted to the administrative board who shall determine, by majority vote, the appropriate distribution of recovered property or proceeds. It is recognized and understood by all parties to this Agreement that joint operations shall include those operations in which both GSTF and non-GSTF personnel are involved in the planning and investigation. Other enforcement actions may involve GSTF or non-GSTF personnel in a backup or supportive role which shall not require proportionate distribution of seized or forfeited property or proceeds. Section 7. Termination. This Agreement may be completely terminated at any time by a majority vote of the administrative board. Any party to this Agreement may, at the sole option of the party, pursuant to resolution and formal action of this governing body of the member, withdraw from participation in this Agreement 7 at any time without liability for unpaid present or future assessment. Upon the unilateral withdrawal of a member from participation under this Agreement, the Agreement shall not automatically terminate with regard to the remaining members, but shall continue in force and effect as to the remaining members. Withdrawing parties shall immediately lose any rights to participation in the administration or conduct of this Agreement or the GSTF. Officers of the withdrawing member, upon withdrawal, shall immediately cease participation in any GSTF operation. Property contributed to GSTF operations by the withdrawing member shall be returned to the withdrawing member as soon as reasonable and practical, provided that in no event shall the security to ongoing operations or health and safety of officers continuing to participate in GSTF operations be jeopardized by immediate withdrawal of equipment or personnel. The withdrawing member shall not be entitled to any share of property or equipment seized or forfeited to GSTF until complete termination of this Agreement and pursuant to the provisions for disposition of property as hereinafter provided. Upon the complete termination of this Agreement, GSTF operations shall cease as quickly as practically possible, provided that in no case shall the security of ongoing investigations be jeopardized or the safety or welfare of officers acting pursuant to GSTF operations be jeopardized. Ongoing investigations shall be transferred to appropriate police departments as 8 determined by the field director. Evidence, information, and data, including copies of all relevant police reports, shall be transferred and made available to appropriate agencies which will continue the investigations as deemed appropriate. Any evidence not clearly associated with ongoing investigations shall remain in the evidence room in which it is located and shall be made available by the custodial member as needed for continuing prosecution or law enforcement purposes until ordered released or disposed of by the Grand or San Juan County Attorney's office in accordance with state law. Files or other investigative reports not directly involved in ongoing investigations shall be transferred to the Grand or San Juan County Attorney's office which shall keep and maintain such files in accordance with state law relating to management of public documents. Property held by Grand County whcih has been derived from GSTF operations, other than property from direct contribution pursuant to assessment from members to this Agreement, shall be distributed back to members in shares proportionate to population and length of participation in GSTF operations. Length of participation shall be determined as commencing from execution of the initial Agreement to formal termination of participation as herein above provided. Section 8. Manner of Holding, Acquiring, or Disposing of Property. Title to property or equipment contributed by a member to this Agreement shall remain in the contributing member's name. Property or 9 equipment obtained directly from GSTF operations or forfeited to GSTF as a result of GSTF operations shall be titled in the name of Grand County until dissolution or distribution as herein above provided. Section 9. Indemnification. All parties to this Agreement are agencies or political subdivisions of the state of Utah. Each of these parties agrees to indemnify and save harmless the others for damages, claims, suits, and actions arising out of another party's negligent error or omission in connection with this Agreement or the operation of the GSTF. It is expressly agreed between the parties that the obligation to indemnify is limited to the dollar amounts set forth in the Governmental Immunity Act, Section 63-30-34. Section 10. Amendments. This Agreement may not be amended, changed, modified or altered except by an instrument in writing which shall be (a) approved by resolution of the governing body of each of the parties, (b) executed by a duly authorized official of each of the parties, submitted to and approvied by the Grand and San Juan County Attorneys and the attorney for each public agency which is a party to this Agreement as required by Section 11-13-9, Utah Code Annotated, 1953 as amended, and (d) filed in the official records of each party. 10 Section 11. Severability. If any term of provision of this Agreement or the application thereof shall to any extent be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to circumstances other than those with respect to which it is invalid or unenforceable, shall not be affected thereby, and shall be enforced to the extent permitted by law. To the extent permitted by applicable law, the parties hereby waive any provision of the law which would render any of the terms of this Agreement unenforceable. Section 12. Governing Law. All questions with respect to the construction of this Agreement, and the rights and liability of the parties hereto, shall be governed by the laws of the state of Utah. IN WITNESS WHEREOF, the parties have signed and executed this Agreement, after resolutions duly and lawfully passed on the dates listed below. 11 GRAND COUNTY Authorized by Resolution NotigRA, authorized and passed on the day of ©e_ j-i) 6 e , 2000. Grand County Council Grand County, Utah Council Chairma ATTEST: Grand County/Clerk/Auditor Approved as to form and compatibility with the laws of the state of Utah. 12 MOAB CITY Authorized by Resolution No.14+9�authorized and passed on the lob% day of D o -" , 2000. City Recorder Utah. Moab City Council Moab, Utah A'i 6141e42,-/e- MItiyor Approved as to form and compatibility with the laws of the state of 13 b City Attorney SAN JUAN COUNTY aeof,o , Authorized by Resolution No. , authorized and passed on the ..ZBo ( /,71°) day of F61<uOhay , 2eee- ATTEST: Juan Cou y Clerk/Auditor Utah. San Juan County Commissioners San JuanCounty, Utah Commission? Chairan Approved as to form and compatibility with the laws of the state of San Juan ¢`aunty At orne y 14