Snohomish Regional Drug Gang Task ForceINTERLOCAL AGREEMENT ESTABLISHING
SNOHOMISH REGIONAL DRUG & GANG TASK FORCE
This Interlocal Agreement is 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
City of Monroe
Interlocal Agreement Establishing
Snohomish Regional Drug & Gang Task Force — Page 1
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, RCW 39.34 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 shall 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, 2012, 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;
Interlocal Agreement Establishing
Snohomish Regional Drug & Gang Task Force — Page 2
NOW, THEREFORE, in consideration of covenants, conditions,
performances and promises hereinafter contained, the parties hereto agree as follows:
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, 2011, through June
30, 2012. This agreement shall serve to continue the operation of the
Task Force.
1.2 The effective date of this agreement shall be from July 1, 2012, through
June 30, 2013, unless earlier terminated or modified as provided in this
agreement.
1.3 The purpose of the Task Force shall be 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.
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:
• Continue to attack the demand and supply sides of narcotics
trafficking.
Interlocal Agreement Establishing
Snohomish Regional Drug & Gang Task Force — Page 3
• Continue enforcement efforts directed toward mid and upper
level dealers.
• Continue to assist smaller agencies within Snohomish County
with narcotics enforcement within their towns and cities.
• Continue to provide narcotics enforcement training to smaller
jurisdictions throughout Snohomish County.
1.5 The Task Force shall continue to 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 shall continue to 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
Tnterlocal Agreement Establishing
Snohomish Regional Drug & Gang Task Force — Page 4
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 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 All law enforcement personnel assigned to the Task Force shall be
directed in their Task Force duties by the Snohomish County Sheriff's
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.
3.0 FINANCING
3.1 Exhibit " B" sets forth the estimated Task Force Grant Contract budget
and is incorporated herein by reference. Participating Jurisdictions in the
aggregate agree to provide funds that will allow for at least a one-third
match of the funds awarded under the Grant Contract.
3.2 Exhibit "C" sets forth the Local Match breakdown for the period from
July 1, 2012, to June 30, 2013, and is incorporated herein by reference.
Interlocal Agreement Establishing
Snohomish Regional Drug & Gang Task Force — Page 5
Although State and/or Federal Grant funds may vary from the amount
initially requested, 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 Contract, each Participating Jurisdiction agrees
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
financial participation as 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
Interlocal Agreement Establishing
Snohomish Regional Drug & Gang Task Force — Page 6
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 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
Interlocal Agreement Establishing
Snohomish Regional Drug & Gang Task Force — Page 7
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
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
Interlocal Agreement Establishing
Snohomish Regional Drug & Gang Task Force — Page 8
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.
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 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.
Interlocal Agreement Establishing
Snohomish Regional Drug & Gang Task Force — Page 9
6.2 Upon termination of the Task Force, any equipment provided by
Participating Jurisdictions will be returned to those respective
jurisdictions.
6.3 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.
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 them by providing written
notice of such withdrawal to all other parties, specifying the effective
Interlocal Agreement Establishing
Snohomish Regional Drug & Gang Task Force — Page 10
date thereof at least thirty (30) days prior to such date. A withdrawing
party may take with it any equipment it has loaned or donated 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 ff 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 parry, 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 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.
Interlocal Agreement Establishing
Snohomish Regional Drug & Gang Task Force — Page 11
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.
14.0 SEVER.ABILITY
If any part of this agreement is unenforceable for any reason the
remainder of the agreement shall remain in full force and effect.
Interlocal Agreement Establishing
Snohomish Regional Drug & Gang Task Force — Page 12
15.0 RECORDING
This interlocal agreement will be filed with the Snohomish County
auditor in compliance with RCW 39.34.040.
Tn witness whereof, the parties have executed this agreement.
SNOHOMXSH COUNTY, approved at the direction of the County Council.
PETER Bi CAMP
Executive Director
Aaron ReardoqX
younWExe&tive
DATE: 41— % Z----''
COUNCIL USE ONLY
Approved: <
Docfile:
APPROVAL RECOMMENDED:
C
�qhn Lovick, Sheriff
DATE:1577zZZ:�X�2
Approved as to form only:
Deputy secudn,i Attorney
Interlocal AgreeAmWt-Establishing
Snohomish Regional. Drug & Gang Task Force — Page 13
ATTEST:
APPROVED AT THE DIRECTION OF THE PARTICIPATING DICTION:
APPROVED AS TO FORM:
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Dated �14 /11
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APPROVED AT THE DIRECTION OF THE PARTICIPATING JURISDICTION:
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Snohomish Rep-ional Drug & Gang Task Force
Personnel Assigned by Jurisdiction
July 1, 2012 through June 30, 2013
EVERETT POLICE DEPARTMENT
FUNDING
1 Lieutenant
Everett PD
1 Sergeant
Everett PD
1 Detective
Everett PD
1 Detective
Everett PD
I Detective
Everett PD
1 Detective
Everett PD
I Detective
Everett PD
1 Detective
Everett PD
1 Support Personnel
Everett PD
ARLINGTON POLICE DEPARTMENT FUNDING
1 Detective Justice Assistance Grant
MARYSVILLE POLICE DEPARTMENT FUNDING
1 Detective Marysville PD
BOTHELL POLICE DEPARTMENT FUNDING
1 Detective Bothell PD
SNOHOMISH COUNTY SHERIFF'S OFFICE
FUNDING
1 Task Force Commander
Justice Assistance Grant
1 Lieutenant
Snohomish County Sheriff
I Sergeant
Justice Assistance Grant
I 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
1 Detective
Snohomish County Sheriff
1 K9 Detective
Snohomish County Sheriff
I Reserve Deputy
Snohomish County Sheriff
1 Support Staff
Snohomish County Sheriff
SNOHOMISH HEALTH DISTRICT FUNDING
I Local Health Officer Snohomish Health District
VACANT
VACANT
VACANT
SNOHOMISH COUNTY Y PROSECUTOR'S DFFJCE
1 Deputy Prosecutor
1 Deputy Prosecutor
1 Support Staff
1 Deputy Prosecutor
STATE OF WASHINGTON
1 Detective
1 Case Worker
WA STATE GAMBLING COMMISSION
1 Agent
WASHINGTON NATIONAL GUARD
1 Intelligence Analyst
BUREAU OF ALCOHOL, TOBACCO. FIREARMS AND EXPLOSIVES
1 Agent - P/T
1 Agent - PIT
DRUG ENFORCEMENT AGENCY
1 Agent
IMMIGRATION AND CUSTOMS ENFORCEMENT
1 Agent
NAVAL CRIMINAL INTELLIGENCE SERVICE
1 Agent
FUNDING
Justice Assistance Grant
Snohomish County Prosecutor
Snohomish County Sheriff
Snohomish County Prosecutor
FUNDING
Washington State Patrol
DSHS, Child Protective Services
FUNDING
Washington State
FUNDING
Washington National Guard
FUNDING
ATP
ATF
FUNDING
Drug Enforcement Agency
FUNDING
Immigration And Customs Enforcement
FUNDING
NCIS
VACANT
VACANT
VACANT
VACANT
EXHIBIT B
Snohomish Regional Drug & Gang Task Force
Byrne/JAG Grant Estimated Operating Budget for July 1, 2012 through June 30, 2013
FEDERAL
LOCAL
FUNDS
MATCH
TOTAL
Salaries
134,215
145,400
279,615
Benefits
40,739
44,134
84,873
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
$174,954
$189,534
$364,488
* $178,720 from Local Matching Funds; $10,814 from Forfeited Assets Fund
Interiocai Agreement Establishing
Snohomish Regional Drug & Gang Task Force
EXHIBIT C
Snohomish Regional Drug & Gang Task Force
Local Match Breakdowns for July 1, 2012 through June 30, 2013
JURISDICTION
POPULATION
PERCENTAGE
AMOUNT
Arlington
17,930
2.50%
$
4,477.00
Bothell
16,570
2.31%
$
4,138.00
Brier
6,100
0.85%
$
1,523.00
Darrington
1,345
0.19%
$
336.00
Edmonds
39,800
5.55%
$
9,939.00
Everett
103,100
14.38%
$
25,746.00
Gold Bar
2,060
0.29%
$
514.00
Granite Falls
3,370
0.47%
$
842.00
Index
180
0.03%
$
45.00
Lake Stevens
28,210
3.93%
$
7,044.00
Lake Forest Park
-
-
-
Lynnwood
35,860
5.00%
$
8,955.00
Marysville
60,660
8.46%
$
15,148.00
Mill Creek
18,370
2.56%
$
4,587.00
Monroe
17,330
2.42%
$
4,328.00
Mountlake Terrace
19,990
2.79%
$
4,992.00
Mukilteo
20,310
2.83%
$
5,072.00
Snohomish
9,200
1.28%
$
2,297.00
Snohomish County
304,435
42.46%
$
76,022.00
Stanwood
6,220
0.87%
$
1,553.00
Sultan
4,655
0.65%
$
1,162.00
DSHS, CPS
-
-
$
-
Snohomish Health District
-
-
$
-
Washington State Patrol
-
-
$
-
PARTICIPATING JURISDICTIONS' TOTALS:
$
178,720
Interlocal Agreement Establishing
Snohomish Regional Drug & Gang Taste Force
SRDGTF Executive Board
C hief ol EwercU Cikssl Cl iair), Chief of Lynnwood, Snol-loinisli Count (chair)
Snohomish County AtLorney, City of.Everett Prosecutor, SRDG'T*F Commaader
CIO
:"s
Ery ere U. I'D scso
Peratioms'sw
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I
.3 Prnsecutors Ever LAp
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JJ5Attorney
IN Dc-ectikc, NICISAgent -
VACANT
Firialicial DLit
1R.S,A g.0
WA Sta Lc:
Gzinblhm Det
SLSO
CPS
National
IC F Agent -
VACANT
�serv-, Dot
ATFAvent -
PIT
3 0 ff i -e
Assistar,,uz