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
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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