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

Browse Search

XV. PRE -CLAIM FILING REQUIREMENTS Section XII of this 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 this Agreement shall be deemed a waiver by any participating jurisdiction 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 be deemed compliance with 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 in accordance with the state or federal Rules of Civil Procedure or the Revised Code of Washington. XVI. TRIBE CONSENT TO JURISDICTION AND WAIVER OF SOVEREIGN IMMUNITY The Muckleshoot Tribe hereby expressly consents to the jurisdiction of the courts of the state of Washington and the federal government and waives its sovereign immunity stains or defense in order to hear and resolve legal or equitable claims or counterclaims brought in any lawsuit by and between the parties to this Agreement and or their affected officers, officials, employees, and members concerning the interpretation of this Agreement, an asserted breach of this Agreement or the enforcement of any of its provisions. The Muckleshoot Tribe also expressly consents to the jurisdiction of the courts of the state of Washington and the federal government and waives its sovereign immunity status or defense in relation to any legal or equitable claims or counterclaims brought in any lawsuit by a third party wherein such third party seeks to recover, in law or equity, and under any legal claim whatsoever, for damages claimed to have arisen pursuant to the actions of the Task Force. The Muckleshoot Tribe hereby agrees that it shall be subject to all liability, hold harmless, and indemnification provisions contained within this Agreement to the same extent as the non tribal jurisdictions that make up the Task Force. XVII. COMPLIANCE WITH THE LAW The Task Force and all its members shall comply with all federal, state, and local laws that apply to the Task Force. XVIII. ALTERATIONS This Agreement may be modified, amended, or altered by agreement of all participating jurisdictions and such alteration, amendment, or modification shall be effective when reduced to writing and executed in a manner consistent with this section. It is recognized that during the course of operations, it may become necessary to alter the terms of this Agreement to provide for efficient operation of the Task Force and to meet the goals of the Task Force. It is further recognized that the Board has the expertise necessary to provide for the efficient operation of the Task Force. To that end, the parties agree that changes may be made to this Agreement, or addendums added to this Agreement, without prior approval of the legislative bodies of the parties on the condition that such changes or addendums shall be effective only by a unanimous vote of all members of the Board. P.A.T.R.O.L. TASK FORCE INTERLOCAL AGREEMENT Page 8 of 11 (October 17, 2008)