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Sponsored by: Councilmembers Douglas G. Richardson and Pam Roach
Requested by: County Executive/Pierce County Prosecutor & Sheriff
RESOLUTION NO. R2020-22
A Resolution of the Pierce County Council Approving and Authorizing the
Pierce County Executive to Execute an 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 Relating to the
Tahoma Narcotics Enforcement Team ("TNET").
Whereas, the Pierce County Prosecuting Attorney's Office and the Pierce
County Sheriff's Department are in the business of investigating and prosecuting
violations of the controlled substances laws for Pierce County; and
Whereas, the Tahoma Narcotics Enforcement Team ("TNET"), a multi -
jurisdictional task force, was originally formed in 1986 and is the subject of this Interlocal
Agreement. This Agreement will serve to update the terms and membership of TNET;
and
Whereas, the County is able to have its employees previously assigned to the
task force remain in their respective positions fulfilling essential functions of TNET; and
Whereas, this Agreement is necessary and intended for the primary purpose of
performing the administrative functions related to seizures and forfeitures under State
law that may arise out of the members' participation in the activities of Drug
Enforcement Administration ("DEA") Group D-25, to which TNET is assigned; and
Whereas, the large urban populations of Seattle and Tacoma provide a ready
market for illegal drugs in Pierce County. A high percentage of major crimes, such as
residential and commercial burglary, robbery, assault, theft, and fraud, are committed by
illicit drug users. A coordinated and concentrated effort utilizing a multi jurisdictional
task force, in conjunction with the DEA, directed at drug users and sellers results in
significant arrests, convictions and corresponding reduction in crime far in excess of the
results that can be obtained by law enforcement agencies working alone; and
Whereas, multi -agency task force investigations have a better opportunity of
sustained operations; Now Therefore,--
BE
herefore,_ BE IT RESOLVED by the Council of Pierce County:
,y`�^Ciw9
Resolution No. R2020-22 Pierce County Council
Page 1 of 2 930 Tacoma Ave S, Rm 1046
Tacoma, WA 98402 esHiu
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§jection I . The Council hereby approves, and authorizes the Executive or
designee to execute and deliver on behalf of the County the 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
and Washington State Department of Corrections in substantially in the same form as
Exhibit A, which is attached hereto and incorporated herein by reference, This Interlocal
Cooperative Agreement will terminate and replace all prior Agreements relating to the
formation and operation of TNET,
ell,
ADOPTED this day of 2020,
1ATTEST:
Denise D. Jo!h:nson
Clerk of the Council
PIERCE COUNTY COUNCIL
Pierce County, Washington
1-4
Af
Do.0 as ichardson
Council Chair
Resolution No, 82020-22 Pierce County Council
P930'Tacom Ave 8, Rm 1046
Tacoma, WA 98402age 2 of 2
Exhibit A to Resolution No. R2020-22
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 Sheriffs 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
Exhibit A to Resolution No. R2020-22
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. TNET may be available to outside law enforcement agencies
as permittedby laws relating to mutualaidand as approved by the DEA. -
Tahoma Narcotics Enforcement Team Interlocal Agreement - 2
Version date 1.0.07.19
Exhibit A to Resolution No. R2020-22
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 INET.
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 alfBoud 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
Exhibit A to Resolution No. R2020-22
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.
Legalistant: 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.
Emplo, eY es 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
Exhibit A to Resolution No. R2020-22
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 TNET 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
Exhibit A to Resolution No. R2020-22
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.
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 shalFbe 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
Exhibit A to Resolution No. R2020-22
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 INET, 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 subsectionsA through F below._
Tahoma Narcotics Enforcement Team Interlocal Agreement - 7
Version date 10.07.19
Exhibit A to Resolution No. R2020-22
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
Exhibit A to Resolution No. R2020-22
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. PfltOCESSING 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
Exhibit A to Resolution No. R2020-22
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 malting 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
Exhibit A to Resolution No. R2020-22
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 Auburn Risk Manager
25 West Main Street
Auburn, WA 9800.1
253-931-3040
City of Lakewood
City of Bonney Lake
Bonney Lake Risk Manager
9002 Main Street E
Bonney Lake, WA 98391
(253) 862-8602
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 Cleric
Tahoma Narcotics Enforcement Team Interlocal Agreement - 11
Version date 10,07.19
747 Market Street, Room 220
Tacoma, WA 98402
Pierce County
Pierce County Risk Management
955 Tacoma Avenue South, #303
Tacoma, WA 98402
Exhibit A to Resolution No. R2020-22
Washington State Dept. of Corrections
David Phillips
Program Administrator -Community
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
Exhibit A to Resolution No. R2020-22
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
Print Name ncy Backus �L
Title: Mayo b , ^ h
Date: (.►J
City of Lakewood
Print Name:
Title:
Date:
City of Tacoma
Print Name:
Title:
Date:
Pierce County Prosecuting Attorney
Print Name:
Title:
Date:
City of Bonney Lake
Print Name: Neil Johnson, Jr.
Title: Mayor
Date:
City of Puyallup
Print Name:
Title:
Date:
Pierce County Sheriffs Department
Print Name:
Title:
Date:
Washington State Dept. of Corrections
Print Name: Debra Eisen,
Title: Contracts & Regulations Administrator
Date:
Tahoma Narcotics Enforcement Team Interlocal Agreement - 13
Version date 10.07.19