Interlocal Agreement with Snohomish Regional Drug & Gang Task ForceINTERLOCAL 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 fallowing 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
InI rlocat 491709ment Establishing
SnOhOmish Regional Drug & Gang Task Force— Page 1
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
WrrNESSES THAT:
WHEREAS, the State of Washington Department of Commerce (hereinafter
"Commerce"), has received funds from the U.S.
Department of Justice under autority of hthe
rug
enforcement;
Abuse Act of 1988 to provide grants to local units of government for drug law
nt; 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 80VcMMcn14l service, activity, or
widertaking that each public agency is authorized by law to perforant 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, 2016, 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 Commence 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 behalt, 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:
IMMOMI Agreemni E%j&b1j#b4
Snobor sh Re tDaal DM'9 & 0 Task Face - Page 2
M
V
1.0 TASK FORCE CONTINUATION, TERM, AND PURPOSE
I.I 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 Jan
1988. The Task Force has o �y 18,
Aerated on a continuous basis since that time under
A series of interlocal agreements, the most recent effective from July 1, 2015,
through June 30, 2016. This Agreement shall serve to continue the operation
of the Task Force,
1.2 The tern of this Agreement shall be from July 1, 2016, through September 30,
2017, 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, reso ,and functions in order to disrupt
illegal drug trafficking systems and to remove traffickers throw a Cooperative
perative
program of investigation, prosecution, and asset forfeiture. The parges 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
Mowing 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.
interna at A tmeaal Estabtisl
SnahDmista'lgldaaat DNS & Gag Task Force —Page 3
Enhance drug enforcement cooperation and coordination through
multi -agency investigations, gaining 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
e. Investigation
d. Arrest of Suspects
e. Successful prosecution of offenders, and
f. Asset forfeitureldisposition
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 Attomey,, and one (1) chief of police from the remaining
Participating Jurisdictions chosen by the chiefs of police of the raining
Participating Jurisdictions, 'fie 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
IDWIDefil Agmmeat EAlabIM4
Cflitn000'i7 orad Mug & Owe Task Fow,-F 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,
2A 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 Iaw 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 '7Cask Force by
Participating Jurisdiction shall be considered employees of tha! 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 Match„).
3.2 Exhibit "C”, incorporated herein by reference, sets forth the Local Match
breakdown for the period from July I, 2016, to September 30, 2017, Although
State and/or Federal Grant funds may vary from the amount initially requested,
lnttrta at Agrtm=j EaabUsbinv ,
nO Om istr It giamat Doig +fit +tlamg Task Fomce — Page 5
each 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 Contra
cl, 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 desisted special account for the
supporting Task Force operations, .and all real or of the Task
Purpose of
Force will be held in Snohomish County's name Personal
benefitro f 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 ADAM%STRATION
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
PaMcular control, and agrees to make all its records related to the Task Force
available for inspection consistent with We 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 We purpose of administering the assets and
InIartooat Agrectucat Establishing
nobami nta Regional t: M8 aag Task Forex = 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 thus 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 FORFEiITM
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
al A reemur rinablhbint
Snohralmkb lit" Oral Drug & Gang Task FO=— Pare 7
comrrncmmte 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
1P'
"net monetary proceeds" means cash proceeds realized fromro
P Ply 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 setiWng 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 $250,00&.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.
to'Ierloeal Agrecamot EstablisMng
Snohomish Resioaat Brom & Giamg 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 tern "Equipment" shall refer to all
personal Property used by the Task Force in performing its purpose and
function, including but not limited ta: materials, tools, machinery, equipment,
vehicles, supplies, and facilities.
6.2 In the event that any Elluipment is acquired with grant funds, the. Participating
Jurisdictions agree that the Task Force win use that equipment only for
specified law enforcement purposes for the term of the grant,
6.3 Personnel assigned to the Task Forcc 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 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.
10terlocal AVwmmt Establisbiu'g
.S"Ghoir'sh 1d'a=glorrat Drog & rang. 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
R.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 ef%xtive 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
Inttriocal Agnzment Embus mg
gn hnrnish RtZiOnd Drug & ung Task Fwae— Page to
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 thl: 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 signaturepages 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 Agreem=4 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.
tnterincal Ag"eracnt PSWWWWAS
ga rnomsh R,egw"nnat Drug & Clang Task Furse — Page I l
14.0 SEVER"lUtTy
If any pari of this Agreement is unenformble for any reason the remainder of the
Agreement shell remain in full force and eff'ed.
14.0 P09MGMCORDING
This Agreement will be tiled with the Snohomish County Auditor or posted on the
County's or Participating Jurisdiction's interlocal agreements ge, in compliance
with RCW 39.34.040,
In witness wheteo& the paries have executed this Agreement.
THE Comm
Snohomish County, a political subdivision
of the State Of Washing on
Title; xocutlQ'a
intim W1 Agreement (,trlkhing
Swhan3lsh tteg'nnat DmX & G g Tank POrce— Page 12
APPROVED AT THE DIRECTION OF THE PARTICIPATING JURISDICTION:
FAI
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ATTEST:
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Title vri'm
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APPROVED AS TO FORM:
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Dated 01) -3 -/ 6
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Dated
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APPROVED AT THE DIRECTION OF THE PARTICIPATING JURISDICTION:
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ATTEST:
APPROVED D AS TO FO12Ms
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Dated 9/26/16
ATTEST:
APPROVED AT THE DIRECTION OF THE PARTICIPATING JURISDICTION:
l'itle 0"
ATTEST-
fion Clerk . ...... V
APPROVED AS TO FORM:
Dated
Jurisdiction of UAM&( . . . .....
Dated 8-- Y—/�?
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ATTEST:
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APPROVED AT THE DIRECTION OF THE PARTICIPATING JURISDICTION:
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Mayor Jurisdiction:
bated:
Darla Reese, MMC
Jurisdiction Clerk
D
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Jurisdiction Attorney
ATTEST:
APPROVED AT THE DIRECTION OF THE PARTICIPATING JURISDICTION:
A ID
Dated
Title 1% Jurisdiction of
ATTEST:
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APPROVED AS TO FORM:
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APPROVED AT THE DIRECTION OF THE PAR'T'ICIPATING JURISDICTION:
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APPROVED AT THE DIRECTION OF THE PARTICIPATING JURISDICTION:
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APP OVED AS TO FORM:
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APPROVED AT THE D CTJON' OF TM pArtnCIpAT1NG XMSI),CTION;
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APPROVED AT THE DIRECTION OF THE PARTICIPATING JURISDICTION:
ATTEST:
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APPROVED AS TO FORM:
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Dated
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APPROVED AT THE DIRECTION OF THE PARTICIPATING .TUBI&DICTION:
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APPROVED AS TO FORINT:
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m
EXHIBIT A
Un
he a on Ta re
Personnel Assigned by Jurisdiction
July 1, 2016 through September 30, 2017
UMMMWMMPVAMflMFUNDING
1 Lieutenant
Everett PD
I Sergeant
Everett PD
1 Detective
Everett PD
I Detective
Everett PD
1 Detective
Everett PD
1 Detective
Event PD
I Detective
Everett PD
I Detective
VACANT
Everett PD
1 Support Personnel
V,1G4NT
Everett PD
I Task Force ComMander
FUNDINQ
Justice Assistance Grant
I Lieutenant
Snohomish County sheriff
1 Sergeant
Justice Assistance Grant
1 Sergeant
Snohomish County Sheriff
1 Detective
Snohomish County Sheriff
I Detective
Snoltontish County Sheriff
I Detective
Snohomish Co unty Sheriff
1 Detective
Snohomish County Sheriff
I Detective
Snohomish County Sheriff
1 Detective
Snohomish County Sheriff
I Information Deputy
Snohomish County sheriff
I X9 Detective
I Support Staff
Snohomish County Sheriff VACAW
Snohomish County Sheriff
I'
1 Local Health Officer
EINDING
Snohomish Health District
P
11}eputy ProsCr:utor
Seizure Funding
1 Support Staff
Seizure Funding
21" E OF WAR2rM
1 Detective
FUNDING
Washington State Patrol
1 Case Worker
DSHS, Child Protective Services
1 Agent
Department of Corrections
sr" III • a
I Agent
I Intelligence Analyst
19AW
i 17s t
.0
ELIDING
w'asidngton State
VdGlNT
FUNDING
Washington National Guard
VACANT
FUNDING
ATF
VACANT
ING
Drug Enforcement Agency
VACWT
MM
Internal Revenue Serviec
VACANT
ELMDING
Immigration And Customs Enforcement
EMMLG
NCIS
VACANr
FBI
a
EXMBITB
ByrnelJAG Grant Estimated Operating Budget for July 1 2016 through September 30, 2017
IMMOOW Agremml EAMbiish'ir
'no'am"h ter, anal Vru g & 0=9 Task F..
FEDERAL
LOCAL
EMS
MATCH
"JA
I
Salaries
111,500
192,856
324,356
Benefits
21,500
68,600
60,100
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
$133,000
$251,456
$384,456
IMMOOW Agremml EAMbiish'ir
'no'am"h ter, anal Vru g & 0=9 Task F..
n
EXHIBIT C
o h a a It �o
Local Contributions for July 1, 2016 through September 30, 2017
JURISDICTION
ppp�,A�ON
2016
BRIDGE
OCT 201&
SEPT 2017
CONTRACT
GRAND
AMOUNT
'MOUNT
TOTAL.
Arlington
Bothell
18,490
S
1,230
'�
S
4,918
S
6,146
Brier
17,530
6,300
$
S
1,1
S
4,583
$
5,729
Darrington
1,350
$
4322
S
1,729
' `
S
2,161
1?dnaoada
40,490
S
2,693
S
S
359
$
449
Everett
105 800
$
7
S
10,770
S
13,463
Gold Ear
2.115
S
141
41
28,142
$
35,178
Granite Falls
$
226
$
563
S
7043,390
Index
160
S
I I
S
902
S
1,128
Lake Stevens
29,900
S
1,988S
$
43
$
54
Lake Forest Park
S
7,953
S
94
.1
Lynnwood
Marysville
36,420
$
2,422
$
$
-S
9,687
S
-
12,109
Mill Creek
64,140
19,760
S
$
4,265
$
17,061
S
21,326
Monte
17,620
S
1,314
1,172
S
5,256
S
6,570
Mountlake Terrace
21,090
$
1,403
$
4,687
S
51859
Mukiiteo
20,900
S
1,390
S
5,610
S
7,013
Snohomish
9,385S
624'
S
5,559
S
6,949
Snohomish CountyS
33Q26p
S
21 62
$
2,496
S
3,120
Stanwood
6,585
S
4
436
S
87,847
S
109,809
Sultan
4,680
311
S
1,752
$
2,190
DSHS, CPS
-
S
$
1,245
S
1 ,556
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-
Washington State Patrol
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PARTICIPATING JURISDICTIONS'
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TOTALS: '
50,294
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201,162
S 251,456
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