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17-028 - Tukwila et al - Valley Narcotics Enforcement Team (VNET)
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17-028 - Tukwila et al - Valley Narcotics Enforcement Team (VNET)
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2/21/2017 3:18:53 PM
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2/21/2017 3:17:23 PM
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Interlocal Agreements
Contract No (example 17-139)
17-028
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City of Tukwila et al
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Valley Narcotics Enforcement Team
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costs, regardless of which jurisdiction or employee the action is taken against <br />or which jurisdiction or employee is ultimately responsible for the conduct. <br />The jurisdictions shall share equally regardless of the number of jurisdictions <br />named in the lawsuit or claim or the number of officers from each jurisdiction <br />named in the lawsuit or claim. This section shall be subject to the conditions <br />and limitations set forth in subsections A through G below. <br />A. Jurisdiction Not Involved in VNET Response. In the event a jurisdiction <br />or its personnel were not involved in VNET response to the incident <br />that gives rise to a claim or lawsuit, and judgment on the claim or <br />lawsuit does not, in any manner, implicate the acts of a particular <br />jurisdiction or its personnel, such jurisdiction shall not be required to <br />share responsibility for the payment of the judgment or award. <br />B. Intentionally -Wrongful Conduct Beyond the Scope of Employment, <br />Nothing herein shall require, or be interpreted to require <br />indemnification or sharing in the payment of any judgment against any <br />VNET personnel for intentionally wrongful conduct that is outside of the <br />scope of employment of any individual or for any judgment of punitive <br />damages against any individual or jurisdiction. Payment of any award <br />for punitive damages shall be the sole responsibility of the jurisdiction <br />that employs the person against whom such award is rendered. <br />C. Collective Representation and Defense. The jurisdictions may retain <br />joint legal counsel to collectively represent and defend the jurisdictions <br />in any legal action. Those jurisdictions retaining joint counsel shall <br />share equally the costs of such representation or defense. <br />In the event a jurisdiction does not agree to joint representation, the <br />jurisdiction shall be solely responsible for all attorney fees accrued by <br />its individual representation or defense. <br />Each jurisdiction and its respective defense counsel shall make a good <br />faith attempt to cooperate with other participating jurisdictions by, <br />including but not limited to, providing all documentation requested, <br />and making VNET members available for depositions, discovery, <br />settlement conferences, strategy meetings, and trial. <br />D. Removal From lawsuit, In the event a jurisdiction or employee is <br />successful in withdrawing or removing the jurisdiction or employee <br />from a lawsuit by summary judgment, qualified immunity, or <br />otherwise, the jurisdiction shall nonetheless be required to pay its <br />equal share of any award for or settlement of the lawsuit; PROVIDED, <br />however, that in the event a jurisdiction or employee is removed from <br />the lawsuit and Subsection A of this section is satisfied, the jurisdiction <br />shall not be required to pay any share of the award or settlement. <br />E. Settlement Process. It is the intent of this Agreement that the <br />jurisdictions act in good faith on behalf of each other in conducting <br />settlement negotiations on liability claims or lawsuits so that, <br />Valley Narcotics Enforcement Team Interlocal Agreement - 6 <br />
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