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HomeMy Public PortalAboutILA-GC-DTF-2005)1e7 INTERLOCAL AGREEMENT AS TO THE CREATION, FUNDING AND ADMINISTRATION OF A COOPERATIVE DRUG LAW ENFORCEMENT TASK FORCE BY AND BETWEEN GRAND COUNTY AND THE CITY OF MOAB WHEREAS, the City of Moab, Utah ("City") and Grand County "(County") have determined that the creation of a cooperative drug law enforcement task force will be the most efficient and beneficial method to provide concerted drug law enforcement in Grand County; and WHEREAS, pursuant to the Interlocal Cooperation Act (Section 11-13-1 et. seq. Utah Code Annotated) and for the mutual benefit of the citizens and inhabitants of the City and the County, the City and the County hereby agree as follows: 1. Purpose. The purpose of this agreement is to provide for coordinated drug law enforcement within Grand County through a drug law enforcement task force, to be known as the Moab Area Narcotics Enforcement Team (NET). This task force shall be responsible for the enforcement, investigation and prosecution of narcotics and controlled substance law violations of the State of Utah. 2. Administration of Agreement. This Agreement shall be administered by an Administrative Board comprising the Grand County Sheriff, the Moab City Police Chief, and the Grand County Attorney. Each member of the Administrative Board shall have one vote. All matters before the Administrative Board shall be determined by majority vote. The Administrative Board shall adopt such rules and procedures regarding the orderly conduct of its meetings and discussion, including the frequency and location of its meetings. Meetings of the Administrative Board are not public meetings. The duties of the Administrative Board shall include: A. Recommending to the governing bodies of the City and the County a NET budget. B. Determining the allocation of resources allocated by each entity to the administration and operation of NET activities. C. Hearing and resolving any matters related to the administration of this agreement. D. Approving funding and allocation of resources for a major investigation as deemed necessary by the Administrative Board. 3. Oversight and Conduct of Operational Activities. The Moab City Police Department shall provide staff level oversight of day-to-day activities of the NET. The Moab City Police Department shall appoint a Moab City Police Department employee at a level of Lieutenant or higher that will act as the Project Director for the NET. The Project Director shall provide supervision of all employees assigned by the City and the County to engage in NET activities, and shall direct the day-to-day activities of NET. The Moab City Police Department shall house the NET office space and shall provide associated office functions. All law enforcement officers supplied by the parties shall be Category I Police Officers in the State of Utah. Personnel assigned to the NET shall act under command of the Project Director. In the event of a conflict between departmental policy of one of the parties hereto and NET Policy, NET officers shall abide by their departmental policy. 4. Financial Oversight and Responsibilities. The Moab City Police Department shall provide financial oversight of all receipt and expenditure of funds by the NET. The Moab City Police Department shall administer any and all grant and other funds dedicated to Task Force Activities. All expenditures and receipt of funds shall follow the City's procurement and financial management procedures. All funds utilized for NET purposes shall be audited in accordance with the City's annual audit. Each entity shall provide staff, equipment and funds for NET activities as determined by the Administrative Board and as reflected in NET budget approved each year by the City and County governing bodies. The Moab City Police Department shall present a NET budget covering July 1 through June 30 of each year to the Administrative Board on or before March 15 each year. This budget shall include the financial and in -kind contributions of each entity, along with any anticipated grant or other outside funding. A NET budget shall be approved by the Administrative Board on or before April 1 of each year. The governing bodies of the City and the County shall approve the NET budget on or before May 15 of each year. Any funding, equipment or resources committed pursuant to this agreement shall be made available within 30 days of receipt of written request for said funding, equipment or resources. Said written request shall constitute a current obligation. 5. Seizures and Forfeitures. The parties hereby agree that NET shall follow all federal and state laws regarding forfeiture and seizure of property. Funds derived from such forfeitures and seizures shall not reduce participants' obligations to provide funds, staff, equipment or other resources as provided for in the NET Budget. Notwithstanding the foregoing, forfeitures and seizures resulting from independent operations of the two parties hereto not related to NET operations shall be conducted separately and independently from NET Operations. Property, equipment, or monies obtained through non -NET operations shall become and remain the property of the involved agency as provided for by law. In the event that NET and non -NET personnel are jointly involved in an operation, forfeiture or seizure of property will be pursued. The Administrative Board shall determine the appropriate distribution of recovered property and/or proceeds. Enforcement actions that may involve NET or non -NET Personnel in a back-up or supportive role will not require proportionate distribution of seized or forfeited property or proceeds. 6. Separate Legal Entity Not Created. The parties to this Agreement do not contemplate nor intend to establish a separate legal entity under the terms of this Agreement. Each party to this Agreement shall exercise control over its respective property that is provided in fulfilling its obligations under this Agreement. 7. Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective immediately upon its approval by resolutions of the parties' governing bodies. This Agreement shall remain in effect until 60 days after notice of termination by either party, or within 30 days of action of the Administrative Board. The terminating party shall not be liable for future anticipated financial contributions, but shall be liable for any current obligations owed, pursuant to Section 4 herein. Property contributed by the terminating party to NET shall be returned to the withdrawing party as soon as reasonable and practicable. Upon termination of this Agreement, NET operations shall cease as quickly and practicably as possible, provided that in no case shall the security of ongoing investigations or be jeopardized. Upon termination, ongoing investigations shall be transferred to appropriate parties as determined by the Project Director. Evidence, data and information shall be transferred and made available to the appropriate agencies. All evidence and data shall be kept according to state laws unless and until the appropriate arrangements for transfer of said evidence is made by the appropriate parties. 8. Indemnification. Each party hereto agrees to indemnify and hold harmless the other party for damages, claims, suits and actions arising out of the other party's negligent error or omission in connection with this Agreement or the operation of the NET. 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. 9. Amendments. This Agreement may not be amended except by resolutions of the governing body of each entity. 10. Severability. If any term or 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. 11. Governing Law. All questions with respect to the construction of this Agreement, and the rights and liabilities of the parties hereto, shall be governed by the laws of the State of Utah. DATED this 1$ `day of , 2005. ATTEST: CITY OF MOAB, UTAH By: Rachel Ellison, City Recorder David L. Sakrison, Mayor ATTEST: GRAND �-A/a/g.) B Fran Townsend, ounty Clerk Jerry McNeely, OUNTY unty M.A.N.E.T. BUDGET 05/06 CITY COUNTY GRANT $10,000.00 $15,000.00 $15,000.00 $37,066.00 $39,478.00 $47,066.00 $54,478.00 $15,000.00 $116,554.00 ACTUAL IN KIND TOTALS RESOLUTION # 25-2005 A RESOLUTION ADOPTING AN INTERLOCAL AGREEMENT AS TO FORMING A COOPERATIVE DRUG ENFORCEMENT TASK FORCE, BY AND BETWEEN MOAB CITY, UTAH, AND GRAND COUNTY, UTAH. WHEREAS, Moab City, Utah ("City"), and Grand County, Utah ("Grand 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 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 and the Grand 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. 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 3rd day of November, 2005. Signed: David L. Sakrison Mayor el Ellison City Recorder Resolution #25-2005 Page 1 of 1