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HomeMy WebLinkAbout5445 RESOLUTION NO. 5445 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT AMONG THE CITIES OF AUBURN, BONNEY LAKE, LAKEWOOD, PUYALLUP, AND TACOMA, AND THE PIERCE COUNTY SHERIFF, PIERCE COUNTY PROSECUTING ATTORNEY, AND THE WASHINGTON STATE DEPARTMENT OF CORRECTIONS, FOR THE CONTINUED OPERATION OF THE TAHOMA NARCOTICS ENFORCEMENT TEAM WHEREAS, the cities of Auburn, Bonney Lake, Lakewood, Puyallup, and Tacoma, and the Pierce County Sheriff, Pierce County Prosecuting Attorney, and The Washington State Department Of Corrections share a common interest in investigating and enforcing the criminal laws related to controlled substances; and WHEREAS, the parties in some combination have worked together since 1986 as a multi-jurisdictional task force, the Tahoma Narcotics Enforcement Team ("TNET") towards this purpose; and WHEREAS, the parties agreed that the terms of the original ILA needed to be updated to reflect best practices and changes to applicable. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RESOLVES as follows: Section 1. The Mayor is authorized to execute an Interlocal Agreement among the cities of Auburn, Bonney Lake, Lakewood, Puyallup, and Tacoma, and the Pierce County Sheriff, Pierce County Prosecuting Attorney, and The Washington State Department Of Corrections for the continued operation of the Tahoma Narcotics Enforcement Team, which agreement will be in substantial conformity with the agreement attached as Exhibit A. Resolution No. XXXX July , 2019 Page 1 of 2 Rev. 2018 Section 2. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Section 3. This Resolution will take effect and be in full force on passage and signatures. Dated and Signed this S day of �� ��� , 2019. CITY OF AUBURN )47 ANCY , MA SR ATTEST: APP' A S TO FORM: Shawn Campbell, MMC, City Clerk Steven L. ross, City Attorney Resolution No. XXXX July_, 2019 Page 2 of 2 Rev.2018 INTERLOCAL COOPERATIVE AGREEMENT BETWEEN THE CITY OF AUBURN, CITY OF BONNEY LAKE, CITY OF LAKEWOOD, CITY OF PUYALLUP, CITY OF TACOMA, PIERCE COUNTY SHERIFF, PIERCE COUNTY PROSECUTING ATTORNEY, & WASHINGTON STATE DEPARTMENT OF CORRECTIONS TAHOMA NARCOTICS ENFORCEMENT TEAM I. PARTIES The parties to this Agreement are the cities of Auburn, Bonney Lake, Lakewood, Puyallup, Tacoma,the Pierce County Sheriff's Department,the Pierce County Prosecuting Attorney, &the Washington State Department of Corrections. II. AUTHORITY This Agreement is entered into pursuant to Chapters 10.93, 39.34, and 53.08 of the Revised Code of Washington. III. PURPOSE The parties wish to establish and maintain a multi jurisdictional team to effectively investigate and enforce the criminal laws relating to controlled substances. Individual employees participating in Tahoma Narcotics Enforcement Team("TNET") are also assigned to a Drug Enforcement Administration(DEA) Task Force, known as DEA Group D-25, by separate agreement. This agreement is necessary and intended for the primary purpose of performing the administrative functions related to seizures and forfeitures under state law by the parties that may arise in support of the members' participation in the activities of DEA Group D-25. IV. FORMATION This Agreement will serve to update the terms and membership of the multi jurisdictional task force originally formed in 1986. All prior Agreements relating to the formation and operation of TNET are hereby terminated and replaced by this Agreement. The team established by this Agreement will be known as the Tahoma Narcotics Enforcement Team("TNET"),which was originally established in 1986. The members of TNET shall be the cities of Auburn, Bonney Lake, Lakewood, Puyallup, Tacoma,the Pierce County Sheriff's Department,the Pierce County Prosecuting Attorney, and the Washington State Department of Corrections. The future admission or elimination of a jurisdiction as a member of TNET may be accomplished by an addendum to this Agreement. All assets acquired under the former TNET Agreement(s) shall remain the property of TNET and shall be retained and distributed per the terms of this Agreement. Tahoma Narcotics Enforcement Team Interlocal Agreement- 1 Version date 10.07.19 TNET does and must operate confidentially and without public input. Therefore,the parties to this Agreement do not intend for this Agreement to create a separate legal entity subject to suit. V. STATEMENT OF PURPOSE Municipalities within the Puget Sound region have experienced an increase in urbanization and population densities. The ability to address crimes associated with controlled substances may stretch the resources of individual Police Department specialty units. In 1989,the Washington State Legislature found that drug offenses and crimes resulting from illegal drug use are destructive to society; the nature of drug trafficking results in many property crimes and crimes of violence; state and local governmental agencies incur immense expenses in the investigation,prosecution, adjudication, incarceration, and treatment of drug-related offenders and the compensation of their victims; drug-related offenses are difficult to eradicate because of the profits derived from the criminal activities,which can be invested in legitimate assets and later used for further criminal activities. These findings hold true to this day. Prior to the formation of TNET, law enforcement efforts directed at dealing with controlled substances crimes were, for the most part, conducted by law enforcement agencies working independently. A multi jurisdictional effort to handle specific and complicated narcotics investigations has resulted in more effective pooling of personnel, the improved utilization of scarce funds, a reduction in the duplication of equipment, improved training, and a development of specialized expertise. The formation of TNET has resulted in improved services for all the participating entities, increased safety for officers and the community, and improved cost effectiveness. VI. TNET OBJECTIVES Personnel from each participating jurisdiction who are assigned to TNET will form a combined investigation team. Each police officer is assigned to TNET via this Agreement, and TNET is accordingly assigned to the DEA through individual jurisdiction agreements with DEA Group D-25. The objective of TNET is to provide enhanced and more efficient use of personnel, equipment,budgeted funds, and training. The combined TNET or individual detectives shall respond as able and as approved by the DEA Supervisor when requested by any of the participating agencies. INET may be available to outside law enforcement agencies as permitted by laws relating to mutual aid and as approved by the DEA. Tahoma Narcotics Enforcement Team Interlocal Agreement-2 Version date 10.07.19 VII. DURATION/TERMINATION The minimum term of this Agreement shall be one year, effective upon its adoption. This Agreement shall automatically renew, and TNET shall automatically continue in existence, for consecutive one-year terms without action of the legislative bodies of the participating jurisdictions, and unless and until terminated pursuant to the terms of this Agreement. A jurisdiction may withdraw its participation in TNET by providing written notice of its withdrawal and serving such notice upon each Executive Board member of the remaining jurisdictions. A notice of withdrawal shall become effective 90 days after service of the notice on all participating members. The withdrawal of an individual jurisdiction from TNET shall not result in the termination of TNET. If TNET withdraws its participation in the DEA Task Force,this Agreement and thus TNET shall remain in effect unless terminated as provided in this Agreement TNET may be terminated by a majority vote of the Executive Board or by action of the majority of the legislative bodies of the participating jurisdictions. Any vote for termination by the Executive Board shall occur only when the police chief, Sheriff, or Prosecutor of each participating jurisdiction is present at the meeting in which such vote is taken. VIII. TASK FORCE AGREEMENT Unless TNET is terminated, each Board member shall, on an annual basis, affirm its jurisdiction's continued participation in TNET for the following year. Upon affirmation of the participation of each jurisdiction,TNET shall execute a task force agreement with DEA affirming the continuation of agency participation in TNET, and such task force agreement shall, on an annual basis,be forwarded to the US Department of Justice,Asset Forfeiture Money Laundering Section. IX. GOVERNANCE The affairs of TNET shall be governed by an Executive Board ("Board,")whose members are composed of the police chief/sheriff, or designee, from each participating jurisdiction and the Prosecuting Attorney,or designee. One member of the Board shall be elected by the Board to serve as Chair. Elections shall occur on an annual basis and the Board may either re-elect the existing Chair or elect another member of the board to serve as Chair for the following year. The Chair shall preside over Board meetings, prepare an agenda, lead discussions at meetings and serve as the point of contact for the DEA Supervisor of Group 25. Each member of the Board shall have an equal vote on all Board decisions. Board decisions shall be made by a majority vote of the Board members, or their designees, Tahoma Narcotics Enforcement Team Interlocal Agreement-3 Version date 10.07.19 appearing at the meeting in which a decision is made. A majority of Board members or their designees, must be present at each meeting for any action taken to be valid. The Board shall meet quarterly,unless otherwise determined by the Board. The Chair, or any Board member,may call extra meetings. The Chair shall provide no less than 48 hours' notice of all meetings to all members of the Board; PROVIDED,that in emergency situations,the Chair may conduct a telephonic or electronic (i.e. e-mail) meeting or a poll of individual Board members to resolve any issues related to the emergency,which shall count as a formal vote of the board. X. PERSONNEL The following personnel shall serve at the pleasure of the Board. Personnel may be removed for any reason by majority vote of the Board. TNET Detectives: Each jurisdiction shall contribute one or more full-time commissioned officers to perform investigation work for the Team. TNET Seizure Officer: A peace officer from a participating agency,who is assigned to TNET, shall be appointed as the Primary Seizure Officer by the Board. The Primary Seizure Officer, or designee, shall be responsible for coordinating the seizure of property for forfeiture under RCW 69.50.505 and shall prepare the Notice of Seizure and Intended Forfeiture for service on the property owner. Legal Assistant: The TNET Legal Assistant shall be provided by the Pierce County Prosecuting Attorney on a reimbursable basis and shall work under the direction of the Board. The Legal Assistant shall follow all rules and policies of the Prosecutor's Office and shall be evaluated on an annual basis by the Team Chief of the Prosecutor's Drugs & Vice Unit. The Legal Assistant reports directly to the DEA Supervisor of Group D-25 and is responsible for unit accounting, reports, office support, and other duties as appropriate or listed herein. From time to time,the Prosecutor may reassign the designated Legal Assistant and select another qualified Legal Assistant to assume the position on the TNET. Attorney: The Prosecutor's Office will provide a Deputy Prosecuting Attorney("DPA") on a part-time basis to represent TNET in civil asset forfeiture hearings. The DPA shall have the discretion to exercise their professional judgment in accepting and litigating TNET civil asset forfeiture cases. The DPA will be responsible for reviewing and prosecuting civil asset forfeiture cases, and providing legal advice regarding same. From time to time,the Prosecutor may reassign the designated DPA and select another qualified DPA to assume the position on TNET. Employees of Contributing Jurisdictions: The personnel assigned to TNET shall be considered employees of the contributing jurisdiction. That jurisdiction shall be solely Tahoma Narcotics Enforcement Team Interlocal Agreement-4 Version date 10.07.19 and exclusively responsible for the compensation and benefits for that employee. All rights, duties, and obligations of the employer and employee shall remain with that individual jurisdiction and none of the rights, duties and obligations of the employing jurisdiction shall shift to TNET or any other participating jurisdiction. Each jurisdiction shall be responsible for ensuring compliance with all applicable laws with regard to employees, and with provisions of any applicable collective bargaining agreements and civil service rules and regulations of the employing jurisdiction. Presiding Officer: The chief law enforcement officer of each law enforcement agency of TNET designates the Pierce County Sheriff, or his designee,to serve as the Presiding Officer before whom civil asset forfeiture hearings will be held as set forth in 69.50 RCW. XI. EQUIPMENT & TRAINING Each participating jurisdiction shall provide the equipment of its participating TNET personnel. Each jurisdiction shall provide sufficient funds to update,replace,repair, and maintain the equipment and supplies used by its participating TNET personnel. Each jurisdiction shall provide sufficient funds to provide for the training of its participating TNET personnel. The equipment, supplies, and training provided by each jurisdiction to its personnel participating in INET shall be equal to those provided by the other participating jurisdictions. The Board shall be responsible for recommending the purchase of additional equipment. Title to equipment purchased using TNET funds or forfeited property will be held by the Fiscal Agent or one of the participating jurisdictions as agreed to by the Board. The Board will ensure a record of the transaction is maintained. The Board must approve any joint capital expenditure for TNET equipment of$1,500.00 or more. Approval for capital expenditures of less than$1,500.00 may be authorized by the TNET Chair at their discretion. Any equipment purchased with TNET funds with a value in excess of$5,000 will be scheduled for insurance purposes by the Fiscal Agent. Any excess cost related to scheduling TNET equipment will be budgeted and reimbursed to the Fiscal Agent. In the event of a loss that is covered by insurance the equipment shall either be replaced utilizing the insurance proceeds or the proceeds distributed in equal shares to the members. XII. FINANCIAL REQUIREMENTS TNET utilizes a Fiscal Agent for account transactions and accounting. The Fiscal Agent for TNET shall be designated by a majority vote of the Board. The Fiscal Agent may be changed to another agency within TNET by a majority vote of the Board. Tahoma Narcotics Enforcement Team Interlocal Agreement-5 Version date 10.07.19 The Board will endeavor to maintain adequate financial resources to fund ongoing operations of the TNET. The TNET chair, after consulting with TNET personnel, shall prepare a budget each year,which will be voted on for approval by the Board. The TNET operating budget relies primarily on TNET assets forfeited at the state and federal levels. Participating Agencies may be reimbursed under Federal Grants. Byrne Grant("Grant") funds are administered by the State of Washington and follow the state budget cycle of July 1 through June 30 of the following year. The Board will designate an Assigned Contractor for the Grant. The Participating Agencies agree that, instead of distributing the Grant among the Participating Agencies,the Contractor may retain 3%of the Grant as an administrative fee. The Contractor will use the balance of the Grant to pay for Office Assistant's salary and benefits, and the phone bill. The DEA shall provide office space, storage space,parking, and phone service at no cost to TNET and the contributing jurisdictions. XIII. DISTRIBUTION OF SEIZURE FUNDS The TNET Board provides oversight of assets seized and forfeited under State law via the Fiscal Agent. The value of seized and forfeited assets shall be utilized to provide funding for TNET operations, and individual assets may be distributed to participating agencies through majority vote of the Board. For federally-seized assets with a value under$7,200,the Money Laundering and Asset Recovery Section(MLARS) of the Department of Justice, or its designee, shall distribute proceeds from the asset on a rotational basis to the individual members of TNET. Any TNET member designated to receive the proceeds of an asset shall submit a DAG-71 form to claim those proceeds. For federally-seized assets with a value over$7,200, each TNET member agency shall submit its own DAG-71 form indicating a pre-determined equitable share of 8.8%. XIV. DISTRIBUTION OF ASSETS UPON TERMINATION On termination of TNET, each participating jurisdiction shall retain sole ownership of the equipment purchased and provided for its participating TNET personnel. Any TNET assets shall be equally divided among the participating jurisdictions at the asset's fair market value at the time of termination. The value of the assets of TNET shall be determined by using commonly accepted methods of valuation. If two or more participating jurisdictions desire an asset,the final decision shall be made by arbitration (described below). Any property not claimed shall be declared surplus by the Board and disposed of pursuant to state law for the disposition of surplus property. Proceeds from the sale or disposition of any TNET property, shall, after payment of any and all costs of Tahoma Narcotics Enforcement Team Interlocal Agreement-6 Version date 10.07.19 sale or debts of the jurisdiction,be equally distributed to those jurisdictions participating in TNET at the time of termination. If one or more jurisdictions terminate their participation in TNET,but TNET continues to exist,the jurisdiction terminating participation shall be deemed to have waived any right or title to any property owned by TNET or to share in the proceeds at the time of termination. Arbitration pursuant to this section shall occur as follows: a. The jurisdictions seeking to acquire an asset shall select an Arbitrator to determine which jurisdiction will receive the property. If the jurisdictions cannot agree to an Arbitrator,the chiefs of the jurisdictions participating in TNET upon termination shall meet to determine who the Arbitrator will be. The Arbitrator may be any person not employed by the jurisdictions that wish to acquire the asset(s). b. During a meeting with the Arbitrator, each jurisdiction seeking to acquire the asset(s) shall be permitted to make an oral and/or written presentation to the Arbitrator in support of its position. c. At the conclusion of the presentation,the Arbitrator shall determine which jurisdiction is to receive the asset(s). In making this determination,the Arbitrator shall consider each jurisdiction's overall contribution to TNET. The decision of the Arbitrator shall be final and binding and shall not be the subject of appeal or review. XV. LIABILITY,HOLD HARMLESS,AND INDEMNIFICATION It is the intent of the participating jurisdictions to provide services of TNET without the threat of being subject to liability to one another, and to fully cooperate in the defense of any claims or lawsuits arising out of or connected with TNET actions that are brought against the jurisdictions. To this end,the participating jurisdictions agree to indemnify and hold harmless each other and to equally share responsibility and liability for the acts and omissions of their participating personnel when acting in the furtherance of this Agreement. If an action is brought against any of the participating jurisdictions, each jurisdiction shall be responsible for an equal share of any award or settlement of claims of damages, fines, fees, costs, and attorney's fees, regardless of which jurisdiction or employee the action is taken against or which jurisdiction or employee is ultimately responsible for the conduct. The jurisdictions shall share equally regardless of the number of jurisdictions named in the lawsuit or claim or the number of officers from each jurisdiction named in the lawsuit or claim. This section shall be subject to the conditions and limitation set for in subsections A through F below. Tahoma Narcotics Enforcement Team Interlocal Agreement-7 Version date 10.07.19 A. Costs of Defense. All jurisdictions shall contribute equally to the costs of defending any claims or lawsuits,regardless of the allegations. If punitive damages are awarded at trial,that portion of the award shall be the sole responsibility of the entity that employs the individual against whom the punitive damages were awarded. B. Collective Representation and Defense. The Board in consultation with each member's insurance or risk pool will select the attorney who will represent the member agencies. All members will contribute equally to paying that attorney. If any agency wants to hire and pay for its own attorney, it may do so, but will continue to be responsible for its share of the attorney selected by the Board. If the attorney selected by the Board determines there is a potential conflict among members or jurisdictions, it may recommend the retention of conflict counsel for one or more jurisdictions or members. The cost of any conflict counsel will also be shared equally by all jurisdictions. The"client"of any attorney selected by the Board will be each individual entity (town, city, etc.), as well as each team member, unless an entity specifically declines representation, or conflict counsel is assigned. C. Removal From Lawsuit. If a jurisdiction or employee is successful in withdrawing or removing the jurisdiction or employee from a lawsuit by summary judgement, qualified immunity, or otherwise,the jurisdiction shall nonetheless be required to pay its equal share of any award, settlement, costs or attorney's fees as a result of the lawsuit. D. Settlement Process. It is the intent of this Agreement that the jurisdictions act in good faith on behalf of each other in conducting settlement negotiations on liability claim or lawsuits so that,whenever possible, all parties agree with the settlement or, in the alternative, agree to proceed to trial. If a claim or lawsuit requires the sharing of liability, no individual jurisdiction shall be authorized to enter into a settlement agreement with a claimant or plaintiff unless all jurisdictions agree with the terms of the settlement. Any settlement made by an individual jurisdiction without the agreement of the remaining jurisdictions,when required, shall not relieve the settling jurisdiction from paying an equal share of any final settlement or award. E. No Waiver of Title 51 RCW. This section shall not be interpreted to waive any defense arising out of Title 51 RCW. F. Insurance. The failure of any insurance carrier or self-insured pooling organization to agree to or follow the terms of this section shall not relieve any individual jurisdiction from its obligations under this Agreement. Tahoma Narcotics Enforcement Team Interlocal Agreement- 8 Version date 10.07.19 XVI. NOTICE OF CLAIMS,LAWSUITS,AND SETTLEMENTS If a claim is filed, or a lawsuit is brought against a participating jurisdiction or its employees for actions arising out of their conduct in support of TNET operations,the jurisdiction shall promptly notify the other jurisdictions that the claim or lawsuit has been initiated. Any documentation, including the claim or legal complaints, shall promptly be provided to each participating jurisdiction. Any jurisdiction or member who believes or knows that another jurisdiction would be liable for a claim, settlement, or judgement that arises from a TNET action or operation, shall have the burden of notifying each participating jurisdiction of all claims, lawsuits, settlements, or demands made to that jurisdiction. XVII. PROCESSING OF CLAIMS A. Designation of Lead Jurisdiction. There will be a lead jurisdiction for processing a claim that is filed with and against members for alleged damages and injuries that occur as a result of TNET activities. The lead jurisdiction shall be the jurisdiction within which the action subject to the claim occurred; PROVIDED,that if the jurisdiction within which the action subject to the claim occurred did not participate in the action subject to the claim,the lead jurisdiction shall be the jurisdiction within which the TNET investigation or response originated. If a jurisdiction that was not involved in the action subject to the claim receives the claim,that jurisdiction shall notify the other jurisdictions in accordance with Section XVI of this Agreement and shall use its best efforts to determine who the appropriate lead jurisdiction is. Nothing in this Agreement waives or is intended to change any claim reporting responsibility that any entity has to its insurance carrier or risk pool. B. Assistance Responding to Claims. TNET personnel involved in the action subject to the claim shall assist the lead jurisdiction in responding to the claim. The TNET Legal Assistant shall be responsible for gathering all records relating to the claim. These records shall include, but are not limited to, incident reports, notes, transcripts,photos, evidence logs,recorded statements, documents from emergency dispatch centers, and warrants from all jurisdictions that participated in the action subject to the claim. The TNET Legal Assistant shall also provide a list of personnel who participated in the action subject to the claim and their contact information. The TNET Legal Assistant shall deliver all copies of the records to the lead jurisdiction promptly upon request. C. Claims of$5,000 or Less i. Lead Jurisdiction Responsibilities. The lead jurisdiction shall be responsible for working with the TNET Legal Assistant to gather records relating to the action subject to the claim. The lead jurisdiction shall provide records to its insurance provider or risk pool and shall assist its insurance provider or risk pool in assessing liability for acts associated Tahoma Narcotics Enforcement Team Interlocal Agreement-9 Version date 10.07.19 with the claim. The lead jurisdiction shall notify the other jurisdictions of any determinations as to liability. In determining whether a claim should be paid,the lead jurisdiction and its insurance provider or risk pool shall, at a minimum, consider the potential legal defenses to the claim and the costs of defending the claim. ii. Liability Determination—Apportionment of Damages. The lead jurisdiction,with the assistance of its insurance provider or risk pool, shall determine whether a claim has merit and should be paid. If the lead jurisdiction determines that payment of a claim of$5,000 or less is appropriate, such determination shall be final and binding upon other jurisdictions and payment shall be apportioned equally among all jurisdictions, The insurance provider or risk pool for the lead jurisdiction shall provide full payment to the claimant, and each jurisdiction shall reimburse the insurance provider or risk pool for its equal share of such payment. Before payment of any claim, and as a condition of payment,the insurance provider or risk pool making payment shall obtain from the claimant a complete and total release of liability on behalf of all jurisdictions participating in TNET and each and every officer, agent, or volunteer of those participating jurisdictions. If the lead jurisdiction determines that a claim does not have merit,the lead jurisdiction shall notify the other jurisdictions of the determination, which is binding on the other jurisdictions; PROVIDED, any other jurisdiction may determine that payment is appropriate and may pay such claim in full,but will not seek reimbursement from the other participating jurisdictions. iii. Letter From Insurance Adjusters. In the event the lead jurisdiction, in conjunction with its insurance provider or risk pool, determines that payment of a claim of$5,000 or less is appropriate,the insurance provider or risk pool shall provide each of the participating jurisdictions with a letter stating the determination and the bases for such determination. D. Lead Jurisdiction Responsibilities. The lead jurisdiction shall schedule a meeting with all jurisdictions participating in TNET to discuss claims over$5,000 and to determine the appropriate manner in which to respond and/or defend these claims. The Board and persons listed in Section XIX of the Agreement shall be notified of the meeting. XVIII. PROCESSING OF LAWSUITS A. Notification to Other Jurisdictions. In the event a jurisdiction is served with a lawsuit,that jurisdiction shall provide notice and documentation of the lawsuit to each of the other jurisdictions listed in Section XIX of this Agreement. Tahoma Narcotics Enforcement Team Interlocal Agreement- 10 Version date 10.07.19 B. Coordination of Initial Meeting. The jurisdiction that initially receives a lawsuit shall schedule a meeting or otherwise communicate with all the jurisdictions participating in TNET to discuss the lawsuit and to determine the appropriate manner in which to respond to and/or defend the lawsuit. The Board and persons listed in Section XX of this Agreement shall be notified of the meeting or other communication. XIX. NOTIFICATION OF CLAIMS & LAWSUITS Section XVI of the Agreement requires that the jurisdiction receiving a claim or lawsuit notify the other jurisdictions of the claim or lawsuit and provide documentation of that claim or lawsuit to the other jurisdictions. Nothing in the Agreement shall be deemed a waiver by any participating jurisdictions of the requirements set forth in Chapter 4.96 RCW, and the fact that a participating jurisdiction provides notice or copies of a claim to another jurisdiction shall not constitute a waiver of the requirement that a party who files suit against a jurisdiction first file a claim with the jurisdiction in accordance with Chapter 4.96 RCW. Moreover, nothing in this Agreement shall be deemed acceptance of service of a lawsuit, and the fact that a participating jurisdiction provides notice or copies of a lawsuit to another jurisdiction shall not be deemed adequate service of such lawsuit. For the purposes of implementing Section XVI of this Agreement,the following persons from each jurisdiction shall receive any required notification or documentation: City of Auburn City of Bonney Lake City of Auburn Risk Manager Bonney Lake Risk Manager 25 West Main Street 9002 Main Street E Auburn, WA 98001 Bonney Lake, WA 98391 253-931-3040 (253) 862-8602 City of Lakewood City of Puyallup City of Lakewood Risk Management ATTN: City Attorney ATTN: Kat St. Pierre 333 South Meridian City Hall, 6000 Main St. SW Puyallup, WA 98371 Lakewood, WA 98499 253-864-4196 253-589-2489 City of Tacoma City of Tacoma Office of the City Clerk Tahoma Narcotics Enforcement Team Interlocal Agreement- 11 Version date 10.07.19 747 Market Street, Room 220 Tacoma, WA 98402 Pierce County Washington State Dept. of Corrections Pierce County Risk Management David Phillips 955 Tacoma Avenue South,#303 Program Administrator-Community Tacoma, WA 98402 Corrections Division 360-725-8324 XX. COMPLIANCE WITH THE LAW TNET and all its members shall comply with all federal, state, and local laws that apply to TNET. XXI. ALTERATIONS This Agreement may be modified, amended, or altered by agreement of all participating agencies and such alteration, amendment or modification shall be effective when reduced to writing and executed in a manner provided for by this Agreement. It is recognized that during the course of operations, it may become necessary to alter the Terms of the Agreement to provide for efficient operation of TNET and to meet the goals of TNET. It is further recognized that the Board has the expertise necessary to provide for the efficient operation of TNET. To that end,the jurisdictions agree that changes may be made to this Agreement, or addendums added to this Agreement, without prior approval of the legislative bodies of the jurisdictions on the condition that such changes or addendums shall be effective only by a unanimous vote of all members of the Board. XXII. RECORDS Each jurisdiction shall maintain records relating to work performed by its employees assigned to TNET when working on non-DEA operations. The TNET Legal Assistant shall maintain records relating to the operation of TNET to the extent required by law. All records shall be available for full inspection and copying by each participating jurisdiction. XXIII.FILING Upon execution,this Agreement shall be filed with the Pierce County Auditor or, alternatively, listed by subject on the jurisdiction's website or other electronically retrievable public source. XXIV. SEVERABILITY Tahoma Narcotics Enforcement Team Interlocal Agreement- 12 Version date 10.07.19 If any part, paragraph, section, or provision of the Agreement is held to be invalid by any court of competent jurisdiction, such adjudication shall not affect the validity of any remaining section,part, or provision of this Agreement. XW. MUNICIPAL AUTHORIZATIONS This Agreement shall be executed on behalf of each participating jurisdiction by its duly authorized representative and pursuant to an appropriate resolution or ordinance of the governing body of each participating jurisdiction. This Agreement shall be deemed effective as to each jurisdiction upon execution by the authorized representative of that jurisdiction. This Agreement may be executed by counterparts and be valid as if each authorized representative has signed one original document. By signing below,the signor certifies that he or she has the authority to sign this Agreement on behalf of the jurisdiction, and the jurisdiction agrees to the terms of this Agreement. City of Auburn City of Bonney Lake tint Name cy Backus Print Name:Neil Johnson,Jr. Title:May; ' Title:Mayor Date: • Date: City of Lakewood City of Puyallup Print Name: Print Name: Title: Title: Date: Date: City of Tacoma Pierce County Sheriff's Department Print Name: Print Name: Title: Title: Date: Date: Pierce County Prosecuting Attorney Washington State Dept. of Corrections Print Name: Print Name:Debra Eisen, Title: Title: Contracts&Regulations Administrator Date: Date: Tahoma Narcotics Enforcement Team Interlocal Agreement- 13 Version date 10.07.19