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HomeMy WebLinkAbout3359RESOLUTION NO. 3 3 5 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, AUTHORIZING THE MAYOR AND THE CITY CLERK TO ENTER INTO AN INTERLOCAL COOPERATIVE AGREEMENT WITH THE CITY OF PACIFIC TO FORM A NARCOTICS CONTROL PROGRAM. WHEREAS, the City of Auburn and the City of Pacific share common boundaries; and WHEREAS, both cities have a common interest in enforcement efforts directed at reducing drug trafficking; and WHEREAS, it is necessary to authorize the Mayor and City Clerk to enter into any interlocal Cooperative agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT; Section 1. The Mayor and City Clerk of the City of Auburn are herewith authorized to execute an Interlocal Cooperative Agreement between the City of Pacific and the City of Auburn, to form a Narcotics Control Program. A copy of said agreement is attached hereto as Exhibit "A" and is incorporated herein. Resolution 3359 May 30, 2001 Page 1 Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Dated this/'/~day o~~, ~2001. CITY OF AUBURN CHARLES A. BOOTH MAYOR ATTEST: /Da"~ielle E. Daskam, City Clerk APPROVED AS TO FORM: City Attorney Resolution 3359 May 30,2001 Page 2 Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 !l!l! !t!ll!llll!llll!tllllJlilJl!llll!llll!lltllllllllll K?NG COUNTY, UA RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein):cI/~.~ I nterlocal Ag reement ~ tq ~I'T Reference Number(s) of Documents assigned or released: r--~Additional reference #'s on page __ of document Grantor(s)/Borrower(s) (Last name first, then first name and initials) Auburn, City of Grantee/Assignee/Beneficiary: (Last name first) ........ ~.,.. Pacific, City of ~. : " ~"- Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) PER RCW 39.34 [] Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number N/A [] Assessor Tax # not yet assigned NARCOTICS CONTROL PROGRAM INTERLOCAL AGREEMENT This INTERLOCAL AGREEMENT is made and entered into pursuant to the provisions of RCW 39.34 this x~7* day of // ,2001, by and between the following jurisdictions: Applicant Jurisdiction: Participating Jurisdictions: City of Auburn City of Auburn City of Pacific WITNESSETH WHEREAS, pursuant to the Controlled Substances Act under RCW 69.50, Federal and local ordinances; and WHEREAS, the participating jurisdictions desire to enter into an agreement to enable the participants to enforce said laws in a cooperative effort on behalf of the participating jurisdictions; NOW, THEREFORE, the participating jurisdictions do hereby agree as follows: SECTION1-PURPOSE: The participating jurisdictions: Authorize their respective representatives to execute any and all necessary documents for the purpose of establishing a multi- jurisdictional Narcotics Control Program; 2. Authorize personnel from their respective jurisdictions to participate in the activities of the Narcotics Control prOgram; and Authorize personnel from the law enforcement agencies of their respective jurisdictions to enter into operating agreements, such as those pursuant to RCW 10.93, to enable these agencies to participate in the multi-jurisdictional Narcotic Control Program enforcement efforts. SECTION 2 - DURATION: The minimum term of this agreement shall be one year upon adoption. This agreement shall automatically be extended for consecutive one-year periods unless one or more of the participating municipalities gives notice of intent to terminate participation in the program pursuant to this agreement. Any such notice of termination shall be in writing and served on the other agencies Chief of Police. Once a member agency serves notice of termination it will become effective in 90 days. SECTION 3 - FINANCING: Respective participating jurisdictions in the aggregate agree to provide the financial resources to support their respective personnel's activities to include wages, equipment and investigative costs. SECTION 4 - ADMINISTRATION: The City of Auburn is the applicant jurisdiction. The applicant agrees to provide the necessary documentation and ensure that the provisions of this agreement are met. The participating jurisdictions will mediate among themselves any dispute arising under this agreement. The City of Auburn agrees to provide office space and any in-service training necessary to participants under this agreement. All outside costs associated with training will be the responsibility of each individual city. The City of Auburn will provide supervision to all participating members. SECTION 5 -ACQUISITION AND USE OF EQUIPMENT: The participating jurisdictions agree to provide their members equipment necessary to accomplish the mission, as available. The participating jurisdictions agree to share and use the equipment only for approved law enforcement purposes. Participants agree to only use equipment they have received proper training in and if necessary, certification in the use of such equipment. In the event any equipment is acquired during the life of this agreement, the equipment will be retained by the purchasing jurisdiction. SECTION 6 - TERMINATION: Termination shall be in accordance with those procedures set forth in prior sections. Each participating municipality shall retain sole ownership of equipment purchased and provided to its participating team members. Any acquired Team assets shall be equally divided among the participating municipalities at the asset's fair market value upon termination. The value of the assets of the Team shall be determined by using commonly accepted methods of valuation. If the participating municipalities desire an asset, and agreement cannot be reached, then mediation may be pursued. Any property not claimed shall be declared surplus and disposed of pursuant to State law for the disposition of surplus property. 2 The proceeds from the sale or disposition of any Team property, after payment of any and all costs of sale or debts of the agency, shall be equally distributed to those municipalities participating in the program at the time of dissolution in proportion to the municipality's percentage participation in the program as of the date of dissolution. SECTION 7 - COMPLIANCE WITH THE LAW: The Narcotics Control Program and all its members shall comply with all Federal, State and local laws affecting the Team. SECTION 8 - ALTERATIONS: This agreement may be modified, amended or altered by agreement of all participating municipalities and such alteration, amendment or modification shall be effective when reduced to writing and executed in a manner provided for by this agreement. SECTION 9 - FILING: Upon execution hereof, this agreement shall be filed with the City Clerks of the respective participating municipalities, the Director of Records and Elections of King County, the Secretary of State, and such other governmental agencies as may be required by law. SECTION 10 - SEVERABILITY: If any part, paragraph, section or provision of this agreement is held to be invalid by any court of competent jurisdiction in the State of Washington, such adjudication shall not affect the validity of any remaining section, part or provision of this agreement. SECTION 11 - MUNICIPAL AUTHORIZATIONS: This agreement shall be executed on behalf of each participating municipality by its duly authorized representative and pursuant to an appropriate resolution or ordinance of each participating municipality. This agreement shall be deemed adopted when the date of execution by the last so authorized representative. This agreement may be executed by counterparts and be valid as if each authorized representative had signed the original document. SECTION 12 - DISPOSITION OF FORFEITED ASSETS: At the inception of cooperative cases, the authorized participants shall reach an agreement as to distribution of forfeited assets. The agreement shall be in writing and any amendments shall also be in writing. Forfeited money shall be distributed per the written agreement, and placed into the respective agency forfeiture accounts. Forfeited properties shall be disposed of in accordance with RCW 69.50.505, and proceeds shall be distributed as per the written agreement. SECTION 13 - PRO-RATA SHARING OF LIABILITY: The cities agree that liability for negligent or tortious actions of the Narcotics Control Program or any police officer or employee working for or on behalf of the Narcotic Control Program be shared equally on a pro rata basis between the participating cities. It is further agreed, that no city should be required to pay more than one-half of the cost of payment of any judgment or settlement for a liability claim which arises out of and is proximately caused by the actions of any officer, employee or city which is acting on behalf of or in support of the Narcotic Control Program and acting within the scope of any person's employment or duties to said Narcotic Control Program. This general agreement on liability sharing is subject to the following terms and conditions set for the below Sections 14 through 22. SECTION 14- HOLD HARMLESS: Each city agrees to hold harmless and indemnify the other participating city from any loss, claim or liability arising from or out of the negligent or tortious actions or inaction's of its employees or each other as related to any Narcotic Control Program enforcement activity. Such liability shall be apportioned among the cities equally on a pro rata basis subject to any limitations set forth below. SECTION '15 - DEFENSE OF LAWSUITS: Each municipal entity shall be responsible for selecting and retaining legal counsel for itself and for any employee of said municipal entity who is named in a lawsuit alleging liability arising out of narcotics operations. Each municipal entity that retains counsel for itself and/or its employees shall be responsible for paying the attorney's fees incurred by that counsel. The municipal entities shall not share costs of defense 4 among each other unless they specifically agree in writing to having one attorney representing all of them in any particular legal action. SECTION 16- NOTICE OF CLAIMS, LAWSUITS AND SETTLEMENTS: In the event that a lawsuit is brought against a member city or employee for actions arising out of their conduct in support of Narcotic Control Program operations, it shall be the duty of each said city to notify the other city that said claims or lawsuit has been initiated. No settlement of any such claim or lawsuit by any single city shall be to require pro rata contribution by any city unless it is done with the knowledge and specific consent of the other participating city. Any settlement made by any individual city or member which does not have the consent of the other participating city to this agreement will not require any sharing of payment of said settlement on behalf of the non-consenting city. SECTION 17 - SETTLEMENT PROCEDURE: Any city or member who believes that it would be liable for a settlement or judgment which should be equally shared by the other participating city to this agreement shall have the burden of notifying each participating city of all settlement demands made to that city and any claims and/or lawsuits naming that city and/or its employees for what may be a joint liability. Furthermore, if the other participating city is not named as party to the action, it shall be the burden of the city named in the lawsuit to keep the other participating city fully apprised of all developments in the case and all settlement demands, mediation or any other efforts made toward settlement. Settlements require the specific consent of all participating cities to this agreement before any pro-rata obligations for payment by all participating members become effective. No city shall enter into settlement with a claimant or plaintiff unless said settlement ends the liability of all participants to this agreement and on behalf of their respective employees and officers. It is the intent of this agreement that the cities act in good faith on behalf of each other in conducting settlement negotiations on liability claims or lawsuits so that, whenever possible, all parties to this agreement agree with the settlement costs or, in the alternative, that all parties to this agreement reject settlement demands and agree to go to trial and share equally in any judgment incurred as a result of the decision to go to trial. However, in the event that a settlement demand is presented to all participating members to this agreement and there is not unanimous consent to pay the settlement, then and only then the following results shall occur: am The cities shall be free to seek a separate settlement with the claimant and/or plaintiff which would eliminate the liability of that city and/or its employees and, if such separate settlement is reached, that city would have no responsibility to pay any proportionate amount of any judgment rendered against the city and/or their employees that did not settle. A city making a separate settlement would not have to pay any proportion amount of any subsequent settlement that the other city might reach. Any city making a separate settlement would have no right to seek any reimbursement or contribution for any portion of a settlement, which said city, had reached separately with the claimant and/or plaintiff. SECTION '18 - COOPERATION IN DEFENSE OF LAWSUITS: The municipal entities and their respective defense counsel shall, to the extent reasonably possible and consistent with the best interests of their respective clients, cooperate in the defense of any lawsuit arising out of the operations of a narcotics investigation and shall agree, wherever possible, to share non-attorney fee related costs such as record gathering, preparation of trial exhibits, the retention and payment of expert witnesses, and the cost of deposition reporting and transcription. SECTION '19 - PAYMENT OF JUDGMENTS: Unless there is an exception as provided in Section 17, it is the intention of the cities to jointly pay any judgment on a pro-rata one half basis for any judgment against any employee or city for negligence or tortious action arising out of their conduct in the course of their employment or duties as Narcotic Control Program members or in support of such narcotic operations; regardless of what percentage of liability may be attributed to that member city or its employees by way of verdict or judgment, including the costs of any awarded plaintiff's attorney's fees and costs. It is the intent of the parties to add up the total combined judgment against any member city or officer for compensatory damages and/or plaintiff's attorney's fees and costs and to divide said total combined judgment into one-half shares and each city would then pay one-half of the total combined judgment to satisfy the judgment. Any city which refused to pay its proportionate one-half share would then be liable to the city who paid that member's share in order to satisfy a judgment plus any attorney's fees incurred in the collections of said monies from the non-paying member. SECTION 20 - NOTHING HEREIN SHALL REQUIRE OR BE INTERPRETED TO: Waive any defense arising out of RCW Title 51. Limit or restrict the ability of any municipal entity or employee or legal counsel for any municipal entity or employee to exercise any right, defense or remedy which a party to a lawsuit may have with respect to claims of third parties, including, but not limited to, any good faith attempts to seek dismissal of legal claims against a party by any proper means allowed under the civil rules in either state or federal court. Cover or require proportionate payment of any judgment against any individual or municipal entity for intentionally wrongful conduct outside the scope of employment of any individual or for any judgment for punitive damages against any individual or municipal entity. Payment of punitive damage awards shall be the sole responsibility of the individual against whom said judgment is rendered and/or his or her municipal entity employer, should that employer elect to make said payment voluntarily. This agreement does not require pro-rata sharing of any punitive damage awards. SECTION 21 - PRE-EXISTING CLAIMS OR LAWSUITS: For purposes of claims or lawsuits which predate this agreement or the occurrence which gave rise to said claim or lawsuit predates this agreement, it is the intention of the parties that those claims and lawsuits be handled, processed and paid as though the terms of this agreement were in full force and effect at the time of the occurrence which gave rise to the claim or lawsuit. SECTION 22 - INSURANCE COVERAGE: The cities shall, to the best of their ability, coordinate their liability insurance coverage and/or self-insured coverage's to the extent possible to fully implement and follow the agreement set forth herein. However, the consent of any liability insurance carrier Or self-insured pool or organization is not required to make this agreement effective as between the member cities signing this agreement and the failure of any insurance carrier or self insured pooling organization to agree or follow the terms of this provision on liability shall not relieve any individual city from its obligations under this agreement. SECTION 23 - INTEGRATION: This agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this agreement shall be deemed to exist or to bind any of the parties. IN WITNESS WHEREOF THE PARTICIPATING JURISDICTIONS HAVE caused this agreement to be executed on the day and year set forth hereinabove. Signed Hereupon: Mayor Mayor City of Auburn Date / - / ' City of Pacific Dat6 Michael J. Reynolds City Attorney