10-021 - Tukwila et al - PATROL Task Force on Auto Theft

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providing all documentation requested, and making Task Force members available for depositions, discovery, settlement conferences, strategy meetings, and trial. D. Removal From Lawsuit. In the event a jurisdiction or employee is successful in withdrawing or removing the jurisdiction or employee from a lawsuit by summary judgment, qualified immunity, or otherwise, the jurisdiction shall nonetheless be required to pay its equal share of any award for or settlement of the lawsuit; PROVIDED, however, that in the event a jurisdiction or employee is removed from the lawsuit and subsection (A) of this section is satisfied, the jurisdiction shall not be required to pay any share of the award or settlement. E. 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 claims or lawsuits so that, whenever possible, all jurisdictions agree with the settlement or, in the alternative, agree to proceed to trial. In the event 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. F. Defense Waiver. This section shall not be interpreted to waive any defense arising out of RCW Title 51. G. Insurance. Each jurisdiction shall maintain insurance, through the commercial insurance market, an insurance pool, self- insurance, or a combination of coverage in the following amounts: 1. General Liability: $2,000,000 per occurrence minimum coverage to include law enforcement liability and contractual liability. 2. Auto Liability: $2,000,000 combined single limit, including coverage for "any auto." 3. Employment Practices Liability: $2,000,000 each claim either included in general liability coverage, or, as a standalone policy. 4. Worker Compensation: Statutory limits shall be in place. 5. Property /Eauioment Coverage: Members shall be responsible for insuring, through whatever means applicable, their own property and /or equipment utilized during task force operations. 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. XII. NOTICE OF CLAIMS, LAWSUITS, AND SETTLEMENTS In the event a claim is filed or lawsuit is brought against a participating jurisdiction or its employees for actions arising out of its conduct in support of Task Force 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 judgment that arises from a Task Force action or operation, shall P.A.T.R.O.L. TASK FORCE INTERLOCAL AGREEMENT Page 5 of 11 (October 17, 2008)