HomeMy WebLinkAboutContractFIRST AMENDMENT TO THE INTERLOCAL COOPERATIVE AGREEMENT FOR VNET - 1
FIRST AMENDMENT TO THE
INTERLOCAL COOPERATIVE AGREEMENT FOR THE
VALLEY NARCOTICS ENFORCEMENT TEAM
THIS FIRST AMENDMENT (“First Amendment”) TO THE INTERLOCAL COOPERATIVE
AGREEMENT FOR THE VALLEY NARCOTICS ENFORCEMENT TEAM (“Agreement”) is made
between the Cities of Auburn, Federal Way, Kent, Renton, Seattle, Tukwila, and the State of
Washington and its State Patrol.
I.RECITALS
1.1 On February 17, 2017, the parties to the original Agreement formed a multi-
jurisdictional team known as the Valley Narcotics Enforcement Team (“VNET”). That
Agreement contemplated the future admission or elimination of other jurisdictions as
members of VNET, as well as the future alternation of existing Agreement terms (See,
Section IV of the Agreement). To allow for efficient operation of VNET, the Agreement
authorized those changes to be made without prior approval of the legislative bodies of the
jurisdictions participating in VNET on the condition that such changes would be effective
only through a unanimous vote of VNET’s Executive Board (See, Section XXI of the
Agreement).
1.2 In accordance with Section VII of the Agreement, the Port of Seattle
previously withdrew from participation in VNET, effective January 1, 2022. After the Port of
Seattle withdrew, the State of Washington, through its State Patrol, advised the Executive
Board of its desire to participate and join VNET.
1.3 Additionally, the parties to VNET would like to clarify that the authority
delegated to the Fiscal Agent under Section XII of the Agreement, includes the authority to
contract as may be necessary for VNET operations, including the authority to execute any
lease agreement to secure office space, to accept any grant, or to purchase any equipment,
that may be required in support of VNET operations.
1.4 Finally, the parties wish to clarify the jurisdictional authority that exists for
VNET operations under the Mutual Aid Act, Ch. 10.93 RCW, and to ratify and affirm any and
all acts consistent with the authority of the Agreement and prior to the effective date of this
First Amendment.
II.AMENDMENT
NOW THEREFORE, in consideration of the mutual intent, desire, and promises of the
parties and other good and valuable consideration, the Agreement is amended as follows:
2.1 Section I – Parties. Section I of the Agreement, entitled “Parties”, is amended
as follows:
I.PARTIES
The parties to this Agreement are the cities of Auburn, Federal
Way, Kent, Renton, Seattle, and Tukwila, and the State of
Washington and its State Patrol.
The Valley Narcotics Enforcement Team is assigned to the Drug
Enforcement Administration (“DEA”) Task Force.
2.2 Section II – Authority. Section II of the Agreement, entitled “Authority”, is
amended as follows:
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FIRST AMENDMENT TO THE INTERLOCAL COOPERATIVE AGREEMENT FOR VNET - 2
II.AUTHORITY
This Agreement is entered into pursuant to Chapters 10.93,
39.34, and 53.08 of the Revised Code of Washington. Through
this Agreement, each member jurisdiction provides to every
other member jurisdiction the permission required under the
Washington Mutual Aid Peace Officers Powers Act, Ch. 10.93
RCW, for each member jurisdiction’s general authority peace
officers to enforce the criminal laws of this state within the
primary territorial jurisdiction applicable to any particular VNET
operation. Any reporting that may be required under RCW
10.93.030, as currently enacted or later amended, is self-
executing as all VNET operations are a cooperative effort that
would necessarily include the police agency that has primary
territorial jurisdiction.
2.3 Section IV – Formation. Section IV of the Agreement, entitled “Formation”, is
amended as follows:
IV.FORMATION
There is hereby established a multi-jurisdictional team
to be hereafter known as the Valley Narcotics
Enforcement Team (“VNET”), the members of which
shall be the cities of Auburn, Federal Way, Kent, Renton,
Seattle, and Tukwila, and the State of Washington and
its State Patrol. The future admission or elimination of a
jurisdiction as a member of VNET may be accomplished
by an addendum to this Agreement.
2.4 Section XII – Financial Requirements. Section XII of the Agreement, entitled
“Financial Requirements”, is amended as follows:
XII. FINANCIAL REQUIREMENTS AND CONTRACTING
AUTHORITY
VNET utilizes a Fiscal Agent for all account transactions
and accounting. One of the participating jurisdictions will
provide the services of the Fiscal Agent as approved by
the Board.
The VNET operating budget relies primarily on three
funding sources: State and Federal Grants, VNET assets
forfeited at the state and federal levels, and funds
provided by the participating jurisdictions.
Federal Grant funds are administered by the state and
follow the state budget cycle of July 1 through June 30
of the following year. VNET shall request monthly
reimbursements of expenses until the awarded amount
is exhausted. Once the Federal Grant has been
exhausted, forfeited assets will be used to pay expenses
for the remainder of the budget cycle.
The Fiscal Agent is further authorized to enter into any
contracts required to support VNET operations, subject
to the Executive Board’s approval of the terms and
conditions of those contracts, including grant
agreements, lease agreements for office space, or
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purchase agreements that may be required in
accordance with Section XI.
VNET shall prepare a budget each year that estimates
the grant funds available, and each participating
jurisdiction shall provide VNET with the annual cost to
assign an officer and other approved personnel to the
unit. A jurisdiction’s annual contribution is then divided
by 12 and credited towards the monthly salary and
benefits of the jurisdiction’s participating personnel. All
other expenses are paid for by VNET utilizing either
Grant funds or forfeited assets. The Board shall agree
upon a date each year by which time it will notify the
participating jurisdictions of each jurisdictions’ expected
contribution.
The Fiscal Agent shall perform those reporting
obligations on behalf of VNET members as it relates to
VNET operations, as required by applicable law.
The DEA contribution to VNET includes providing office
space, storage space, parking, and phone service at no
cost to VNET jurisdictions.
2.5 Section XV – Liability, Hold Harmless, and Indemnification. Section XV of the
Agreement, entitled “Liability, Hold Harmless, and Indemnification”, is amended as follows:
XV.LIABILITY, HOLD HARMLESS, AND
INDEMNIFICATION
It is the intent of the participating jurisdictions to
provide services of VNET without the threat of being
subject to liability to one another, and to fully cooperate
in the defense of any claims or lawsuits arising out of or
connected with VNET actions that are brought against
the jurisdictions. To this end, and to the extent allowed
by applicable law, the participating jurisdictions agree to
equally share responsibility and liability for the acts and
omissions of their participating personnel when acting in
furtherance of this Agreement. Except as otherwise
provided in this Agreement, in the event that an action
is brought against any of the participating jurisdictions,
each jurisdiction shall be responsible for an equal share
of any award for or settlement of claims of damages,
fines, fees, or costs, regardless of which jurisdiction or
employee the action is taken against or which
jurisdiction or employee is ultimately responsible for the
conduct. The jurisdictions shall share equally regardless
of the number of jurisdictions named in the lawsuit or
claim or the number of officers from each jurisdiction
named in the lawsuit or claim. This section shall be
subject to the conditions and limitations set forth in
subsections A through G below.
A.Jurisdiction Not Involved in VNET Response. In
the event a jurisdiction or its personnel were not
involved in VNET response to the incident that
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gives rise to a claim or lawsuit, and judgment on
the claim or lawsuit does not, in any manner,
implicate the acts of a particular jurisdiction or its
personnel, such jurisdiction shall not be required
to share responsibility for the payment of the
judgment or award. For purposes of this section,
a member agency is deemed to have been
involved in a VNET response when any employee
from that member agency is deployed on a VNET
Matter.
B. Intentionally Wrongful Conduct Beyond the Scope
of Employment. Nothing herein shall require, or
be interpreted to require indemnification or
sharing in the payment of any judgment against
any VNET personnel for intentionally wrongful
conduct that is outside of the scope of
employment of any individual, for violating VNET
directives, or for any judgment of punitive
damages against any individual or jurisdiction.
Payment of any award for punitive damages shall
be the sole responsibility of the jurisdiction that
employs the person against whom such award is
rendered.
C. Collective Representation and Defense. The
jurisdictions may retain joint legal counsel to
collectively represent and defend the jurisdictions
in any legal action. Those jurisdictions retaining
joint counsel shall share equally the costs of such
representation or defense. In the event a
jurisdiction does not agree to joint
representation, the jurisdiction shall be solely
responsible for all attorney fees accrued by its
individual representation or defense. Each
jurisdiction and its respective defense counsel
shall make a good faith attempt to cooperate
with other participating jurisdictions by, including
but not limited to, providing all documentation
requested, and making VNET 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.
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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 parties 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. No Waiver of Title 51 RCW. This section shall not
be interpreted to waive any defense arising out of
Title 51 RCW.
G. Insurance. 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.
H. Alternative responsibility and liability sharing
provisions for Washington State Patrol. If a court
determines that the Washington State Patrol is
prohibited by law from equally sharing in
responsibility and liability as contemplated in
Section XV above, then the following provision
shall apply with respect to the Washington State
Patrol in place of that applicable language:
To the extent allowed by law, the Washington
State Patrol shall protect, defend, indemnify, and
save harmless the other member agencies, their
officers, officials, employees, contractors and
agents, while acting within the scope of their
employment as such, from any and all costs,
claims, judgments, and/or awards of damages
(both to persons and property), arising out of, or
in any way resulting from, the Washington State
Patrol’s negligent or intentional acts or omissions
in the performance of this Agreement. The
Washington State Patrol will not be required to
indemnify, defend, or save harmless the other
member agencies if the claim, suit, or action for
injuries, death, or damages (both to persons and
property) is caused by the sole negligence of
another member agency or its officers, officials,
employees, contractors or agents. Where such
claims, suits, or actions result from the
concurrent negligence of the Washington State
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Patrol and the other member agencies, or their
officers, officials, employees contractors or
agents, the indemnity provisions provided herein
shall be valid and enforceable only to the extent
of each agency’s own negligence or that of its
officers, officials, employees, contractors or
agents, with the Washington State Patrol bearing
the burden of its negligence on its own, and the
other member agencies sharing amongst
themselves the burden of their negligence as
provided above.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY
UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED
HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51
RCW, SOLELY FOR THE PURPOSES OF THIS
INDEMNIFICATION. THE PARTIES FURTHER
ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
In the event the Consultant refuses tender of defense in
any suit or any claim, if that tender was made pursuant
to this indemnification clause, and if that refusal is
subsequently determined by a court having jurisdiction
(or other agreed tribunal) to have been a wrongful
refusal on the Consultant’s part, then the Consultant
shall pay all the City’s costs for defense, including all
reasonable expert witness fees and reasonable
attorneys’ fees, plus the City’s legal costs and fees
incurred because there was a wrongful refusal on the
Consultant’s part.
The provisions of this section shall survive the expiration
or termination of this Agreement.
2.6 Section XIX – Notification of Claims and Lawsuits. Section XIX of the
Agreement, entitled “Notification of Claims and Lawsuits”, is amended to remove the notice
information for the Port of Seattle and to insert the following notice information for the
State of Washington and its State Patrol as follows:
State of Washington
2.7 Remaining Provisions. Except as specifically amended by this First
Amendment, all remaining provisions of the Agreement shall remain in full force and effect.
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2.8 Ratification. All acts consistent with the authority of the Agreement and prior
to the effective date of this First Amendment are hereby ratified and affirmed, and the
terms of the Agreement and this First Amendment shall be deemed to have applied.
By signing below, the signor certifies that he or she has the authority to sign this Agreement
on behalf of the jurisdiction, and the jurisdiction agrees to the terms of this Agreement.
City of Auburn
Print Name:
Its: Mayor
Date:
City of Auburn
Print Name:
Its: City Clerk
Date:
City of Auburn
Print Name:
Its: City Attorney
Date:
City of Kent
Print Name:
Its: Mayor
Date:
City of Kent
Print Name:
Its: City Clerk
Date:
City of Kent
Print Name:
Its: City Attorney
Date:
City of Federal Way
Print Name:
Its: City Manager
Date:
City of Federal Way
Print Name:
Its: City Clerk
Date:
City of Federal Way
Print Name:
Its: City Attorney
Date:
FIRST AMENDMENT TO THE INTERLOCAL COOPERATIVE AGREEMENT FOR VNET - 8
City of Renton
Print Name:
Its: Mayor
Date:
City of Renton
Print Name:
Its: City Clerk
Date:
City of Renton
Print Name:
Its: City Attorney
Date:
City of Tukwila
Print Name:
Its: Mayor
Date:
City of Tukwila
Print Name:
Its: City Clerk
Date:
City of Tukwila
Print Name:
Its: City Attorney
Date:
State of Washington
Print Name:
Its:
Date:
State of Washington
Print Name:
Its:
Date:
City of Seattle
Print Name:
Its:
Date:
City of Seattle
Print Name:
Its:
Date:
3-27-2023 3-27-2023
Mayor Armondo Pavone Jason A. Seth
Alex Tuttle
Approved by Alex Tuttle via 1/31/2023 email
1/31/2023