11-087 - Valley Cities - Special Weapons and Tactics Team (SWAT)

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allocation set forth in RCW 10.93.040. This provision is not intended to require indemnification or payment of any judgment against any individual or party for intentional wrongful conduct outside the scope of employment of any member of the VSWAT or of any judgment for punitive damages against a VSWAT member or party to this Agreement. Payment of punitive damages, if any, shall be the sole responsibility of the individual against whom said judgment is rendered and/or his or her employer if that employer elects to make said payment. In furtherance of the above provision, (non - participating jurisdiction) agrees to hold harmless, indemnify, and defend, with counsel reasonably acceptable to the other parties and any named officers, the other parties to this Agreement and their officers, officials and employees from any loss, claim or liability arising from or out of any alleged or actual negligent tortious actions or inactions of the VSWAT, its members and supervisors, that might occur or allegedly occur while (non - participating jurisdiction) receives the assistance of VSWAT within its jurisdiction. In the event that a claim or lawsuit is brought against a party or its employee(s) for actions arising out of their conduct in the operation of the VSWAT, such party shall promptly notify the other parties that said claim or lawsuit has been filed or commenced. The parties to this Agreement and their respective legal counsel shall, to the extent reasonably possible and consistent with the best interests of their respective clients, cooperate with the defense of any lawsuit arising out of the operations of the VSWAT; provided this cooperation does not require the parties to share any out of pocket litigation costs. Said costs will be the responsibility of (non - participating jurisdiction). Upon request by another party, each party shall disclose to the other parties the terms of their respective liability insurance policies to allow for coordination of coverage. The consent of any liability insurance carrier or self - insured pool or organization is not required to make this Agreement effective between the parties, and the failure of any insurance carrier or self - insured pooling organization to agree to follow the terms of this Agreement on liability allocation shall not relieve any party from its obligations under this agreement. 10. INTERLOCAL COOPERATION ACT PROVISIONS. No special budget or funds are anticipated, nor shall any be created. It is not intended that a separate legal entity be established to conduct this cooperative undertaking, nor is there any acquisition, holding, or disposal of real or personal property other than as specifically provided within the terms of this Agreement. Upon execution hereof, this Agreement shall be filed with the city clerks of the respective participating municipalities, and such other governmental agencies as may be required by law. 11. AUTHORIZATION TO ENFORCE LAWS. While this agreement is entered pursuant to Chapter 39.34 RCW entitled, "Interlocal Cooperation Act," this agreement shall, pursuant to RCW 10.93.070(1), also constitute the prior written consent of the sheriff or chief of police of each participating agency for the purposes of authorizing officers of VSWAT to enforce the laws of this state within their respective jurisdictions, and to that end, the sheriff or VSWAT ILA for non participating agency Page 3 of 7