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IA_Snohomish_Regional_Drug__Gang_Task_Force_6572INTERLOCAL AGREEMENT ESTABLISHING SNOHOMISH REGIONAL DRUG & GANG TASK FORCE This Interlocal Agreement Establishing the Snohomish Regional Drug & Gang Task Force ("Agreement"), is entered into by and among Snohomish County, a political subdivision of the State of Washington, and the following jurisdictions (hereinafter collectively referred to as the "Participating Jurisdictions"): City of Arlington City of Bothell City of Brier City of Darrington City of Edmonds City of Everett City of Gold Bar City of Granite Falls City of Index City of Lake Stevens City of Lake Forest Park City of Lynnwood City of Marysville Ynterlocal Agreement Establishing Snohomish Regional Drug & Gang Task Force — Page t City of Mill Creek City of Monroe City of Mountlake Terrace City of Mukilteo City of Snohomish City of Stanwood City of Sultan DSHS, Child Protective Services Washington State Patrol Snohomish Health District WITNESSES THAT: WHEREAS, the State of Washington Department of Commerce (hereinafter "Commerce"), has received funds from the U.S. Department of Justice under authority of the Anti -Drug Abuse Act of 1988 to provide grants to local units of government for drug law enforcement; and WHEREAS, eligible applicants include cities, counties and Indian tribes; and WHEREAS, chapter 39.34 RCW permits one or more public agencies to contract with any one or more other public agencies to perform any governmental service, activity, or undertaking that each public agency is authorized by law to perform; and WHEREAS, Snohomish County and Commerce have entered into a Narcotics Control Grant Contract (hereinafter "Grant Contract") whereby Snohomish County will use specified grant funds solely for a. regional task force project consistent with the task force grant application submitted to Commerce on or before July 1, 2013, upon which the Grant Contract is based (by this reference both the Grant Contract and the grant application are incorporated in this agreement as though set forth fully herein); and WHEREAS, the Participating Jurisdictions recognize the above -mentioned Grant Contract between Commerce and Snohomish County; and WHEREAS, the Participating Jurisdictions desire to participate as members of the multi jurisdictional task force with Snohomish County administering task force project grants on their behalf; and WHEREAS, the Participating Jurisdictions desire to enter into an agreement with Snohomish County to enable Snohomish County to continue to be the receiver of any grant .funds related to the task force project; and WHEREAS, each of the Participating Jurisdictions represented herein is authorized to perform each service contemplated for it herein; NOW, THEREFORE, in consideration of covenants, conditions, performances and promises hereinafter contained, the parties hereto agree as follows: Interlocal Agreement Establishing Snohomish Regional Drug & Gang Task Force — Page 2 1.0 TASK FORCE CONTINUATION, TERM, AND PURPOSE 1.1 The countywide multi jurisdictional task force, composed of law enforcement, prosecutor, and support personnel, known as the Snohomish regional Drug & Gang Task Force (hereinafter "Task Force"), was created pursuant to the Interlocal Agreement Among Participating Jurisdictions dated January 18, 1988. The Task Force has operated on a continuous basis since that time under a series of interlocal agreements, the most recent effective from July 1, 2014, through June 30, 2015. This Agreement shall serve to continue the operation of the Task Force. 1.2 The term of this Agreement shall be from July 1, 2015, through June 30, 2016, unless earlier terminated or modified as provided in this Agreement. 1.3 The purpose of the Task Force is to formally structure and jointly coordinate 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, and asset forfeiture. The parties do not intend that this Agreement create a separate legal entity subject to suit. 1.4 The Task Force agrees to perform the statement of work indicated in the Task Force Abstract set forth in the application for funding between Commerce and Snohomish County. Therefore each Participating Jurisdiction adopts the following Task Force goals: + reduce the number of drug traffickers and gang members in the communities of Snohomish County through the professional investigation, apprehension and conviction. * Efficiently attack, disrupt and prosecute individual and organized mid to upper level drug traffickers and street gang members who do not recognize jurisdictional boundaries or limitations, and by doing so, impact drug trafficking organizations previously impregnable. Tnterlocal Agreement Establishing Snohomish Regional Drug & Gang Task Force — Page 3 • Enhance drug enforcement cooperation and coordination through multi -agency investigations, training of local jurisdictions and the sharing of resources and information. • To address these issues with the foremost consideration of safety for both law enforcement and the community. 1.5 The Task Force will follow a management system for the shared coordination and direction of personnel as well as financial, equipment and technical resources as stated in this Agreement. 1.6 The Task Force will implement operations, including: a. Development of intelligence b. Target identification c. Investigation d. Arrest of Suspects e. Successful prosecution of offenders, and f Asset forfeiture/disposition 1.7 The Task Force shall evaluate and report on Task Force performance to Commerce as required in the Grant Contract. 2.0 ORGANIZATION 2.1 Exhibit "D", incorporated herein by this reference, sets forth the organization of the Task Force. 2.2 The Task Force Executive Board shall be comprised of the Snohomish County Prosecuting Attorney, the Snohomish County Sheriff, the Everett Police Chief, the Everett City Attorney, and one (1) chief of police from the remaining Participating Jurisdictions chosen by the chiefs of police of the remaining Participating Jurisdictions. The Snohomish County Sheriff shall serve as Chair of the Executive Board. The Task Force Executive Board may adopt bylaws providing for appointment of alternates to attend Executive Board meetings in the absence of members. At such meetings the alternate shall have the same Interlocal Agreement Establishing Snohomish Regional Drag & Gang Task Force — Page 4 rights as the appointing member. Any action taken by the Task Force Executive Board under this Agreement shall be based on a majority vote. 2.3 Personnel assigned to the Task Force shall be directed in their Task Force duties by the Snohomish County Sheriffs Office (SCSO) through the Task Force Commander. The Task Force Commander will be an employee of Snohomish County for all purposes and, if not a regular SCSO deputy, will hold a special commission for that purpose. 2.4 Exhibit "A", incorporated herein by this reference, sets forth the personnel currently assigned to the Task Force by each Participating Jurisdiction. Nothing in this Agreement shall restrict the ability of the Snohomish County Prosecuting Attorney, Snohomish County Sheriff, Everett Police Chief, or chief law enforcement officer of any Participating Jurisdiction to reassign personnel now or later assigned to the Task Force. 2.5 Participating Jurisdiction Employees: Personnel assigned to the Task Force by Participating Jurisdiction shall be considered employees of that Participating Jurisdiction. All rights, duties, and obligations of the employer and the employee shall remain with that individual jurisdiction. Each Participating Jurisdiction shall be responsible for ensuring compliance with all applicable laws, collective bargaining agreements, and/or civil service rules and regulations, with regard to its employees. 3.0 FINANCING 3.1 Exhibit `B", incorporated herein by reference, sets forth the estimated Task Force Grant Contract budget. Participating Jurisdictions agree to provide funds that in the aggregate will allow for at least a one-third match of the funds awarded under the Grant Contract ("Local March"). 3.2 Exhibit "C", incorporated herein by reference, sets forth the Local Match breakdown for the period from July 1, 2015, to June 30, 2016. Although State and/or Federal Grant funds may vary from the amount initially requested, each Interlocal Agreement Establishing Snohomish Regional Drug & Gang Task Force — Page 5 Participating Jurisdiction agrees to provide funding that is no less than the amount indicated in Exhibit "C", and to pay its funding share to Snohomish County as administrator of Task Force funds promptly upon request. 3.3 As required by the Grant Contract, each Participating Jurisdiction agrees that the funding it contributes shall be provided in addition to that currently appropriated to narcotics enforcement activities and that no Task Force activity will supplant or replace any existing narcotic enforcement activities. 3.4 Except as modified by section 5.3 below, all revenues collected or generated by or for the Task Force shall be forwarded to the Snohomish County Treasurer and placed in a designated special account for the purpose of supporting Task Force operations, and all real or personal property of the Task Force will be held in Snohomish County's name for the benefit of the Task Force. 3.5 Upon termination of the Task Force, all funds remaining in said special account shall be disbursed pro rata to the then -current Participating Jurisdictions in proportion to the percentage of their most recent contribution to the Local Match indicated in Exhibit "C". 4.0 GENERAL ADMINISTRATION 4.1 Snohomish County agrees to provide Commerce with the necessary documentation to receive grant funds. 4.2 By executing this Agreement, each Participating Jurisdiction agrees to make any certified assurances required by the Grant Contract that are within its particular control, and agrees to make all its records related to the Task Force available for inspection consistent with the Grant Contract. 4.3 All Task Force contracts and agreements executed on behalf of Participating Jurisdictions under this Agreement must first be approved on motion of the Task Force Executive Board. By executing this Agreement, each Participating Jurisdiction agrees that, for the purpose of administering the assets and Interlocal Agreement Establishing Snohomish Regional Iarug & Gang Task Force — Page 6 resources available to the Task Force, Snohomish County is hereby granted the authority to execute on behalf of the Participating Jurisdictions all agreements and contracts signed as approved by the Task Force Executive Board, by and through its Chair, including but not limited to all contracts for professional services. Agreements and contracts executed in this manner shall have the same legal effect as if they were executed by each Participating Jurisdiction. No such agreement or contract may impose or waive liability with respect to a Participating Jurisdiction in a manner that is inconsistent with the hold harmless provision in section 10.0 of this Agreement. 4.4 Any dispute arising under this Agreement will be forwarded to the Task Force Executive Board for arbitration. The determination made by the Executive Board shall be final and conclusive as between the parties. This provision shall not apply to issues of indemnity and liability governed by the hold harmless provision in section 10.0 of this Agreement. 5.0 ASSET FORFEITURE 5.1 The Participating Jurisdictions shall refer all potential asset forfeitures initiated or investigated by officers assigned to the Task Force during the pendency of this agreement to the Task Force for disposition at the discretion of the Task Force Executive Board or prosecuting authority (Prosecuting Attorney or United States Attorney). Any such referred asset forfeiture that is pursued in state court will be prosecuted in the name of Snohomish County on behalf of the Task Force and its Participating Jurisdictions. 5.2 The Task Force Commander, under the direction of the Task Force Executive Board, shall manage the acquisition and disposition of assets seized or forfeited as a result of this Agreement in compliance with law and Task Force procedures. 5.3 A portion of the net monetary proceeds of each asset forfeiture made by the Task Force shall be distributed to the involved investigating agencies Interlocal Agreement Establishing Snohomish Regional Drug & Gang Task Force — Page 7 commensurate with their participation as determined by prior agreement between the Task Force Commander and said agencies, or in the absence of such agreement, by the Task Force Executive Board, prior to dedication of the remaining proceeds to the Task Force as specified in section 3.4. As long as the personnel assignments stated in Exhibit "A" remain unchanged, distributions to Snohomish County and the City of Everett under this subparagraph shall be 40 percent each of the net monetary proceeds remaining after distributions under this subparagraph to Participating Jurisdictions other than Snohomish County and the City of Everett. If assignments change from those stated in Exhibit "A", the Task Force Executive Board may modify the relative percentage allocations to Snohomish County and the City of Everett on a case -by -case or permanent basis. For purposes of this subparagraph, the term "net monetary proceeds" means cash proceeds realized from property forfeited during the term of this agreement that is not retained for use by the Task Force after deducting all costs and expenses incurred in its acquisition, including but not limited to the cost of satisfying any bona fide security interest to which the property may be subject at the time of seizure, the cost of sale in the case of sold property (including reasonable fees or commissions paid to independent selling agencies), amounts paid to satisfy a landlord's claim for damages, and the amount of proceeds (typically ten percent) payable to the State of Washington under RCW 69.50.505(9) or similar law. 5.4 The Task Force may retain funds in an amount up to $250,000.00 from the net proceeds of vehicle seizures for the purchase of Task Force vehicles and related fleet costs. 5.5 Any Participating Jurisdiction receiving a distribution of assets forfeited under RCW 69.50.505 shall use such assets in accordance with RCW 69.50.505(10), which limits use to the expansion and improvement of controlled substances related law enforcement activity and prohibits use to supplant preexisting funding sources. [nterlocal Agreement Establishing Snohomish Regional Drug & Gang Task Force — Page 8 5.6 Upon termination of the Task Force, the Task Force Executive Board shall dispose of the Task Force's interest in assets seized or forfeited as a result of this agreement in accordance with applicable federal, state and county requirements, and shall distribute proceeds in accordance with sections 5.3 and 3.5. 6.0 ACQUISITION AND USE OF EQUIPMENT 6.1 For purposes of this Agreement, the term "Equipment" shall refer to all personal property used by the Task Force in performing its purpose and function, including but not limited to: materials, tools, machinery, equipment, vehicles, supplies, and facilities. 6.2 In the event that any Equipment is acquired with grant funds, the Participating Jurisdictions agree that the Task Force will use that equipment only for specified law enforcement purposes for the term of the grant. 6.3 Personnel assigned to the Task Force may use Equipment that is provided or acquired for Task Force purposes as directed by the Task Force Commander. 6.4 Upon termination of the Task Force, any Equipment provided to the Task Force by a Participating Jurisdiction will be returned to that jurisdiction. 6.5 Upon termination of the Task Force, the Task Force Executive Board shall dispose of all acquired equipment in accordance with applicable federal, state and county requirements, and shall distribute proceeds in accordance with section 3.5. 7.0 MODIFICATION Participating Jurisdictions hereto reserve the right to amend this Agreement in the future from time to time as may be mutually agreed upon. No such amendment shall be effective unless written and signed by all then -contributing jurisdictions with the same formality as this Agreement. Interlocal Agreement Establishing Snohomish Regional. Drug & Gang Task Force — Page 9 8.0 NONDISCRIMINATION PROVISION There shall be no discrimination against any employee who is paid by the grant funds 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. 9.0 TERMINATION OF AGREEMENT 9.1 Notwithstanding any provisions of this Agreement, any party may withdraw from the agreement as it pertains to it by providing written notice of such withdrawal to all other parties, specifying the effective date thereof at least thirty (30) days prior to such date. A withdrawing party may take with it any Equipment it has provided to the Task Force, and shall be entitled to distributions under section 5.3 of this Agreement with respect to asset forfeitures initiated before the effective date of withdrawal. 9.2 If there is a reduction in funds by the source of those funds, and if such funds are the basis of this agreement, Snohomish County may unilaterally terminate all or part of the agreement, or may reduce its scope of work and budget. 10.0 HOLD HARMLESS Each party hereto agrees to save, indemnify, defend and hold the other parties harmless from any allegations, complaints, or claims of wrongful and/or negligent acts or omissions, by said party and/or its officers, agents, or employees to the fullest extent allowed by law. In the case of allegations, complaints, or claims against more than one party, any damages allowed shall be levied in proportion to the percentage of fault 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 fault attributable to each of the other parties. Moreover, the parties agree to cooperate and jointly defend lnterlocal Agreement Establishing Snohomish Regional Drug & Gang Task Force — Page 10 any such matter to the extent allowed by law. An agency that has withdrawn assumes no responsibility for the actions of the remaining members arising after the date of withdrawal, but shall remain liable for claims of loss or liability arising prior to the effective date of withdrawal. 11.0 GOVERNING LAW AND VENUE This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Washington without reference to choice of law principles, and venue of any suit between the parties arising out of this Agreement shall be in the Superior Court of Snohomish County, Washington. 12.0 INTEGRATION With the exception of necessary operational agreements between law enforcement agencies of the Participating Jurisdictions and agreements pursuant to section 5.3 hereof, this Agreement constitutes the whole and entire agreement among those parties as to the Task Force and no other understandings, oral, or otherwise, regarding the Task Force shall be deemed to exist or bind the parties. 13.0 EXECUTION OF MULTIPLE ORIGINAL COUNTERPARTS This Agreement may be reproduced in any number of original counterparts. Each party need sign only one counterpart and when the signature pages are all assembled with one original counterpart, that compilation constitutes a fully executed and effective agreement among all the Participating Jurisdictions. In the event that fewer than all named parties execute this agreement, the agreement, once filed as specified in section 15.0, shall be effective as between the parties that have executed the Agreement to the same extent as if no other parties had been named. Interlocal Agreement Establishing Snohomish Regional Drug & Gang Task Force — Page 11 14.0 SEVERABILITY If any part of this Agreement is unenforceable for any reason the remainder of the agreement shall remain in full force and effect. 15.0 POSTING/RECORDING This Agreement will be filed with the Snohomish County Auditor or posted on the County's or Participating Jurisdiction's interlocal agreements webpage, in compliance with RCW 39.34.040. In witness whereof, the parties have executed this Agreement. THE COUNTY: Snohomish County, a political subdivision of the State of Washington By Name: Title: App wed as to Form: (l.- pu Prosec ng Attorney Interlocal Agreement Establishing Snohomish Regional Drug & Gang Task Force — Page 12 EXMBIT A Snohomish Regional Drug & Gang Task Force Personnel Assigned by Jurisdiction July 1, 2015 through June 30, 2016 1sVERE'1'1' POLICL DEPAI :r.'LN ENT FUNDING 1 Lieutenant Everett PD 1 Sergeant Everett PD 1 Detective Everett PD 1 Detective Everett PD 1 Detective Everett PD 1 Detective Everett PD 1 Detective Everett PD 1 Detective Everett PD 1 Support Personnel Everett PD ARLINGTON POLICE DEPARTMENT FUNDING 1 Detective - K9 T Arlington PD MARYSVILLE POLICE DEPARTMENT FUNDING 1 Detective Marysville PD BOTHELL. POLICE DEPARTMFUNDING 1 Detective Bothell PD SNQHOMISH COI NTY SHERIFF'S OFFICE FUNDING 1 Task Force Commander Justice Assistance Grant 1 Lieutenant Snohomish County Sheriff 1 Sergeant Justice Assistance Grant 1 Sergeant Snohomish County Sheriff 1 Detective Snohomish County Sheriff 1 Detective Snohomish County Sheriff 1 Detective Snohomish County Sheriff 1 Detective Snohomish County Sheriff 1 Detective Snohomish County Sheriff I Detective Snohomish County Sheriff I Information Deputy Snohomish County Sheriff 1 K9 Detective Snohomish County Sheriff 1 Reserve Deputy Snohomish County Sheriff 1 Support Staff Snohomish County Sheriff VACANT VACANT VACANT VACANT SNO110MISH HEALTH DISTRICT FUNDING 1 Local health Officer Snohomish Health District SNOI—I4MISTI COUNTY PROSECUTOWS OFFICE FUNDING I Deputy Prosecutor Justice Assistance Grant I Support Staff Snohomish County Prosecutor I Deputy Prosecutor Snohomish County Prosecutor STATTT: OF WASHINGTON FUNDING 1 Detective Washington State Patrol I Case Worker DSHS, Child Protective Services 1 Agent Department of Corrections WA, STATE GAMBLING COMMISSION FUNDING 1 Agent Washington State NATIQNAI., GLT17 FUNDING I Intelligence Analyst Washington National Guard r3l]R-- T Q AI.CUHOL TOBACCO, FTRI ARMS AND EXPLOSIVES FLIIVDIlVCr I Agent ATF DRUG EXPORCEMLNT AGENCY FUNDING I Agent Drug Enforcement Agency INTERNAL REVENUE SFRVICE FUNDING I Agent Internal Revenue Service IMMIGRATION AND CUSTOMS F.,NFORCEMENT FUNDING I Agent Immigration And Customs Enforcement NAVAL CRIMINAL M'E LIGENICE SERVICE FUMING I Agent NCIS FEDE RAL BUREAU O INVESTIGATIONS FUNDING 1 Agent FBI VACANT VACANT VACANT VACANT EXHIBIT B Snohomish lte ional Drug & Gau ' 'ask Force Byrne/JAG Grant Estimated Operating Budget for July 1, 2015 through June 30, 2016 FEDERAL LOCAL FUNDS MATCH TOTAL Salaries 122,000 145,894 267,894 Benefits 23,000 49,410 72,410 Contracted Services 0 0 0 Goods and Services 0 0 0 Travel 0 0 0 Training 0 0 0 Equipment 0 0 0 Confidential Funds 0 0 0 TOTALS $145,000 $195,304 $340,304 Interlocal Agreement Establishing SnohotWsh Regional Drug & Gang Task Force EXHIBIT C Snohomish Re Tonal Drug & Gang Task Force Local Match Breakdowns for July 1, 2015 through June 30, 2016 JURISDICTION POPULATION PERCENTAGE AMOUNT Arlington 18,360 2.48% $ 4,848 Bothell 17,020 2.30% S 4,494 Brier 6,345 0.86% $ 1,675 Darrington 1,350 0.18% $ 356 Edmonds 39,950 5.39% $ 10,548 Everett 104,900 14.16% $ 27,697 Gold Bar 2,085 0.28% $ 551 Granite Falls 3,390 0.46% $ 895 Index 180 0.02% $ 48 Lake Stevens 29,170 3.94% $ 7,702 Lake Forest Park - - $ - Lynnwood 36,030 4.86% $ 9,513 Marysville 62,600 8.45% $ 16,528 Mall Creek 18,780 2.53% $ 4,959 Monroe 17,660 2.38% $ 4,663 Mountlake Terrace 20,53g0 2.77% 5,421 ?V-h eo 2V, 54V Z.77% Q$ $ 5,423 Snohomish 9,270 1.25% $ 2,448 Snohomish County 320,335 43.23% $ 84,579 Stanwood 6,530 0,88% $ 1,724 Sultan 4,665 0.63% $ 1,232 DSHS, CPS - - $ - Snohomish Health District - $ - Washington State Patrol - - $ PARTICIPATING JURISDICTIONS'TOTALS: $ 195,304 Interlocal Agreement Establishing Snohomish Regional Drug & Gang Task Force EXHIBIT D SRDGTF Executive Board Chief of Everett (Asst Chair), Chief of Lynnwood, Snohomish County Sheriff (Chair), Snohomish County Prosecutor, City of Everett Attorney, SRDGTF Commander Sno County Gong Community Community Mobilization /Sno Response Team (G-CRT) Commander Co Drug Action Team Gang Liason Officer Operations Lt. 1 Criminal Admin Assistant Admin Lt. (GLO) SCSO Deputy EPO EPD Prosecutor Operations Sgt Operations Sgt Legal Secretary Admin Sgt EPD SCS0 SCSO 4 EPD Det, 3 SCSO Det. 1 WSP Det. 1 SC50 Det 1 Tech Det - Volunteer P/T SCSO DOC Agent Reserve Det P/T SCSO WA State Gambling Det - P/T ICE Agent Lob Teom 1 Financial Det - CPS/DEC Everett PD Invest - P/T LE Secretary - National Guard SCSO Analyst Educational Educational Deputy - SCSO Officer/ K9 Arlington PD lRS Agent FBI Agent Drug =akeBack Health District ATTEST: APPROVED AT THE DIRECTION OF THE PARTICIPATING JURISDICTION: ATTEST: - ction ,lerk APP YE AS TIO FOIL Jurisdiction Attorney Dated Jurisdiction of 614t.,J Dated C Z t1` 1 M