HomeMy WebLinkAboutCAG2023-262 - Original - King County Prosecuting Attorney's Office - MOU: To Enhance Drug Enforcement Investigative Efforts - 01/01/2023 FOR CITY OF KENT OFFICIAL USE ONLY
Sup/Mgr:
Agreement Routing Form Dir Asst:
• For Approvals,Signatures and Records Management Dir/Dep:
KE N T This form combines&replaces the Request for Mayor's Signature and Contract Cover (Optional)
WASHINGTON Sheet forms.
Originator: Department:
Jalene King Police
Date Sent: Date Required:
> 04/17/2023
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CL Authorized to Sign: Date of Council Approval:
C W]Director or Designee
Budget Account Number: G rant?F—]YeszNo
Budget?:Yes:No Type: N/A
Vendor Name: Category:
King County Prosecuting Attorney's Office&
Valley Narcotics Enforcement Team Contract
Vendor Number: Sub-Category:
= Original
0
Project Name: MOU
E
c Project Details:To enhance Drug Enforcement Investigative Efforts.
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40
E Agreement Amount: Basis for Selection of Contractor: Direct Negotiation
47 `Memo to Mayor must be attached
3- Start Date: 1/1/2023 Termination Date: 12/31/24
Im
Q Local Business?F--]YesF--]No* If meets req uiremen ts per KCC 3.70.100,please complete"Vendor Purchase-Local Exceptions'form on Cityspace.
Business License Verification:Yes:In-Process:Exempt(KCC 5.01.045)
Notice required prior to disclosure? Contract Number:
F]YesF]No CAG2023-262
Comments:
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Date Routed to the City Clerk's Office: 4/17/23
ac«w»373__,0 Visit Documents.KentWA.gov to obtain copies of all agreements
rev.20210513
KING COUNTY PROSECUTING ATTORNEY'S OFFICE
JUSTICE
COMPASSION
DANIEL T. SATTERBERG
PROSECUTING ATTORNEY PROFESSIONALISM
KkVC*-dy INTEGRITY
LEADERSHIP
MEMORANDUM OF UNDERSTANDING
King County Prosecuting Attorney's Office
And
Valley Narcotics Enforcement Team
THIS AGREEMENT is made and entered into by and between the Valley Narcotics
Enforcement Team, hereinafter referred to as "VNET", and the King County Prosecuting
Attorney's Office (KCPAO). It is effective upon signing for the term beginning on January 1,
2023 and continue to December 31, 2024, or until revoked by either party with 30 days' notice.
Whereas there is a need to enhance the drug enforcement investigative efforts of Police
agencies through vigorous case development, officer education, case prosecution and other
case specific legal assistance, the parties agree to the following:
1. That the King County Prosecutor's Office designates 0.6 FTE Deputy Prosecuting
Attorney (DPA) in the Criminal Division devoted to the work of developing complex and
conspiracy based drug cases initiated or led by VNET.
2. That the Deputy Prosecutor is a King County Deputy Prosecutor and not an employee of
VNET. In assigning a Deputy Prosecutor to fulfill the duties for this placement, the
Prosecutor's Office will take into account the body of work and unique skills needed to
successfully perform in the assignment. If, after receiving feedback from VNET, there is
a joint determination that the placement is not successful, the KCPAO will make an
alternative placement.
3. The DPA provided by the KCPAO, under the terms of this Agreement shall be under the
direct command and control of the King County Prosecutor or their designee and shall
perform the duties required by the Agreement in a manner consistent with the KCPAO's
policy and regulations, applicable state and local laws, and the Constitutions of the State
of Washington and the United States.
4. That the Deputy Prosecutor will be assigned to work in the offices of VNET and will be
dedicated to VNET for the purposes hereinafter specified:
0 Serve in the role of criminal drug enforcement advisor and provide case specific
advice and assistance on all types of drug and drug related investigations.
a Screen unusual drug related cases for prosecution assistance and, if appropriate,
steer complex drug conspiracies and criminal profiteering cases to the appropriate
units within the KCPAO or other agencies and assist in case development.
CRIMINAL DIVISION • KING COUNTY COURTHOUSE W554
516 THIRD AVENUE • SEATTLE,WASHINGTON 98104
Tel: (206)296-9000 • www.kingcounty.gov/prosecutor
Prosecuting Attorney
King County
Page 2
• Rush file major cases where required.
• Advise and assist on specialized drug related criminal investigations including illicit
drug laboratories, asset seizures, forfeitures, and drug abatements.
• Assist with development and operation of special drug enforcement programs such
as buy/busts, reverse sales/stings, and others, as required.
• Review and approve search warrants and GPS tracking orders prior to judicial
review.
• Provide specialized training to members of VNET. This could include legal
updates and specific investigative training
• Give other related legal assistance as required and agreed to by both parties.
• Assist, manage, and prosecute asset forfeiture cases related to VNET drug
investigations.
5. The Deputy Prosecuting Attorney assigned to this position shall adhere to the VNET
policies and procedures. The Deputy Prosecuting Attorney shall coordinate their
activities with the VNET supervisors.
6. At least annually, and more often if requested, the VNET Supervisor shall provide
performance feedback to the Supervising Attorney of the KCPAO's Special Operations
Unit. The feedback will include information concerning performance of the duties
summarized in paragraph 4 and any other information relevant to performance.
7. VNET agrees to reimburse the KCPAO quarterly for actual costs, estimates of which
are contained in Attachment A to this Agreement. This Attachment will be updated at
the end of each calendar year to reflect the projected costs for the upcoming year.
8. Substantial additions or modifications to this Agreement shall be reduced to writing,
signed by both parties and attached as an Addendum to this Agreement.
In the event this Agreement requires a change in scope or an increase in cost beyond the
amount agreed to, VNET and KCPAO shall agree to any such changes in writing prior to the
commencement of services requiring the change in the scope or cost increase.
PAYMENT
VNET will pay KCPAO for work covered in the Scope of Work for actual costs incurred.
The funding limit shall not exceed $100,000 per annum and shall reflect the parties' best estimate
of the cost of work to be accomplished under this Agreement. VNET shall not be obligated for any
expenditure in excess of the funding limit unless prior written authorization is received. Actual
amounts reimbursed under this Agreement shall be based on actual costs incurred by KCPAO.
In no event shall any party be paid for costs that are not documented pursuant to the requirements
of this Agreement.
VNET will pay KCPAO pursuant to the following provisions, unless otherwise agreed in writing:
1. KCPAO shall submit to VNET an invoice for services performed quarterly and no later than
thirty (30) calendar days following the quarter in which the services were performed. Invoice
shall include a summary of total costs billed to date. Any request for payment for work
Prosecuting Attorney
King County
Page 3
performed prior to the issuance of a notice to begin work, or work billed later than ninety (90)
calendar days after its completion shall not be eligible for payment.
2. Unless otherwise directed, KCPAO shall submit invoices and appropriate supporting
materials to:
JoAnne Moen, Office Manager
Valley Narcotics Enforcement Team
c/o Kent Police Dept
220 Fourth Avenue South, Kent, WA 98032
Office 206-764-3640 1 Fax 206-764-3522
jmoen@KentWA.gov
3. Unless otherwise directed, VNET shall submit payment and appropriate supporting materials
to:
King County Prosecuting Attorney's Office
Attention: Jaz Zhao
King County Courthouse
516 Third Avenue, W-554
Seattle, WA 98104
4. KCPAO agrees to submit a final bill to VNET within thirty (30) calendar days after the end
date of this Agreement, and will label the invoice "FINAL BILL."
Nondiscrimination
In the performance of this Agreement, the KCPAO shall comply with the provisions of Title VI of
the Civil Rights Act of 1964 (42 USC 200d); Section 504 of the Rehabilitation Act of 1973 (29
USC 794); Chapter 79.60, Revised Code of Washington; and Title I of the Americans with
Disabilities Act (42 USC 12111-12117), as now or hereafter amended. The KCPAO shall not
discriminate on the grounds of race, color, national origin, sex, gender identification, religion,
marital status, age, creed, Vietnam-era and disabled veterans status, or the presence of any
sensory, mental, or physical handicap.
Noncompliance With Nondiscrimination Plan
In the event of the KCPAO's noncompliance or refusal to comply with the above
nondiscrimination plan, this Agreement may be rescinded, canceled, or terminated in whole or
in part, and the KCPAO may be declared ineligible for further Agreementswith VNET. The
KCPAO shall, however, be given a reasonable time, in no event to exceed thirty (30) days, in
which to correct this noncompliance. Any dispute may be resolved in accordance with the
"Disputes" procedures set forth herein.
Indemnification
The KCPAO shall defend, protect, indemnify, save and hold harmless VNET from and against
any and all claims, costs, damages, expenses, or liability including reasonable attorney's fees
for any and all injuries to persons or tangible property arising from the acts or omissions of the
KCPAO. In the case of negligence of both VNET and the KCPAO, damages shall be levied in
proportion to the percentage of negligence attributed by the Court to each party.
Nonassignability Of Claims
The KCPAO shall not assign or transfer any claim arising under this Agreement.
Applicable Laws And Regulations
Prosecuting Attorney
King County
Page 4
The parties shall comply with all applicable laws, ordinances, codes, regulations, and policies of
state and federal governments, as now or hereafter amended.
Records And Documents
The KCPAO shall maintain books, records, documents, and other evidence which properly
reflects all costs of any nature expended in the performance of this Agreement. Such records
shall reflect financial procedures and practices, participant records, statistical records, property
and materials records and supporting documentation. These records shall be subject at all
reasonable hours to review and audit by VNET, the Office of the State Auditor, and state and
federal officials so authorized by law. The KCPAO shall retain all such records for a period of
three (3) years from the termination of the Agreement. If any litigation or audit is begun in the
period during which records must be retained, or if a claim is initiated involving this Agreement
or any related agreement, the KCPAO must retain the related records until litigation, audit, or
claim has finally been resolved.
Lobbying For Grants And Cooperative Agreements
1. No funds will be paid to any person for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, or an officer or employee of Congress, or an
employee of a member of Congress in connection with the making of this AGREEMENT, if
funded, in whole or part, with federal funds.
2. If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, an officer or employee of Congress, or an employee of a member of
Congress in connection with this Agreement, the KCPAO shall complete and submit Standard
Form - III, "Disclosure Form to Report Lobbying," in accordance with its instructions.
Political Activities Prohibited
No funds may be used in working for or against ballot measures or for or against the candidacy
of any person for public office.
Severability
In the event any term or condition of this Agreement or application thereof to any person or
circumstance is held invalid, such invalidity shall not affect other terms, conditions, or
application of this Agreement which can be given effect without the invalid term, condition, or
application. To this end the terms and conditions of this Agreement are declared severable.
Audit/Financial Requirements
All program funds awarded under this Agreement shall be monitored and documented using
generally accepted accounting procedures. Specifically, the Prosecutor's Office shall:
I. Adhere to the applicable federal and state regulations.
II. Comply applicable accounting requirements such as maintaining appropriate accounting
records.
INSURANCE
The parties each certify that they are self-insured and will pay any losses for which they are
found to be liable.
AGENCY CONTACTS
Contact between the parties regarding Agreement administration will be between the
representatives of each party or their designee as follows:
KCPAO VNET
Prosecuting Attorney
King County
Page 5
Senior Deputy Gary Ernsdorff Commander Mills
KCPAO Special Operations Unit c/o Kent Police Depart ent
206 477-1989 253-856-5816
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the latest day
and year written below.
King County Prosecuting Attorney Valley Narcotics Enforcement Team
Leesa Manion Chie afael Padilla
King County Prosecutor Chief Operating Officer
Date: 4/14/2023 Date- 4/17/2023
Prosecuting Attorney
King County
Page 6
Attachment A: Salary & Benefits for DPA Gregg Peeples
Name Year Annual salary Total benefits Annual total Annual costs 0.6
estimated estimated casts estimated FTE estimated
Gregg 2023 $128,136.11. $59,135.18 $187,271.29 $112,362.78
Peeples 2024 $140,441.39 $62,848.1.1 $203,289.50 $121,973.70