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

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have the burden of notifying each participating jurisdiction of all claims, lawsuits, settlements, or demands made to that jurisdiction. In the event a participating jurisdiction has a right, pursuant to section XI of this Agreement, to be defended and held harmless by another participating jurisdiction, the jurisdiction having the right to be defended and held harmless shall promptly tender the defense of such claim or lawsuit to the jurisdiction that must defend and hold the other harmless. XIII. PROCESSING OF CLAIMS A. Designation of Lead Jurisdiction.. There shall be a lead jurisdiction for processing a claim that is filed with and against the jurisdictions for alleged damages and injuries that occur as a result of Task Force activities. The lead jurisdiction shall be the jurisdiction within which the Task Force response occurred; PROVIDED, that in the event the jurisdiction within which the Task Force response occurred is entitled to be defended and held harmless by another jurisdiction, the lead jurisdiction shall be one of the jurisdictions that was involved in the response. In the event that a jurisdiction that is entitled to be defended and held harmless by another jurisdiction receives the claim, that jurisdiction shall notify the other jurisdictions in accordance with section XII of this Agreement, and shall use its best efforts to determine who is the appropriate lead jurisdiction. B. Assistance of Tactical Commander. The Task Force Commander shall assist the lead jurisdiction in responding to a claim. The Task Force Commander shall be responsible for gathering all records relating to the Task Force response. 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 Task Force response. The Commander shall also provide a list of personnel who participated in the response and their contact information. The Commander shall deliver all copies of the records to the lead jurisdiction promptly upon request. C. Claims of 55.000 or Less. With respect to claims that seek $5,000 or less, the following provisions shall apply: 1. Lead Jurisdiction Responsibilities. The lead jurisdiction shall be responsible for working with the Commander to gather records relating to the Task Force response. The lead jurisdiction shall provide records to its insurance provider and shall assist its insurance provider in assessing liability for acts associated 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 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 and risk manager, shall determine whether the Task Force is liable for damages set forth in a claim, and whether the payment of the claim would be in the best interest of the jurisdictions and /or the Task Force. In the event the lead jurisdiction determines that payment of a claim is appropriate, such determination shall be final and binding upon other jurisdictions and payment shall be apportioned equally among all jurisdictions that participated in the Task Force response. The P.A.T.R.O.L. TASK FORCE INTERLOCAL AGREEMENT Page 6 of 11 (October 17, 2008)