Interlocal Agreement for Narcotics Sergeant - Drug Task ForceA4❑f £ 17A�a���
CONTRACT ROUTING FORM
No.
(City Clerk Use Only)
Z Originator: ACOP Donald Anderson _ Routed by, Marlene Eager
00 Department/Division: Police Department Date: 10/04/2017
a
Name of Cons ultantlContractor:
wCONTRACT TITLE:
o between the City of Lynnwood and the City of Edmonds
Type of Contract: (GR) Grants FV] (1) Intergovernmental Agreement 71 (L) Lease Agreement
Z
❑ (S) Purchase of Services (W} Public Works (0) Other
w
Bid/RFP Number:
Z
O -- -
U Effective Date:
H
() Has the original City contract boilerplate language been modified?
I.- If yes, specify which sections have been modified:
Z Descri tion
Completion_Date:
( Yes No
O p of Services: Continue joint funding of the Narcotics Sergeant as their personnel transition to the SRDGTF
U
FTotal Amount of Contract:
Budget # Amount
J
Budget # Amount
u.l
0
Q Budget # Amount:
U - -
Z Are there sufficient funds in the current budget to cover this contract? T Yes C
Z
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Remarks: The Executive Boards for both SSCNTF and SRDGTF have combined unUVI 011 of I lul lul I — Sul
SRDGTF ILA of which Edmonds and Lynnwood are already participants. The cities of Edmonds and Lynnwood
have jointly funded the Narcotics Sergeant position in the SSCNTF for years and wish to continue as they
transit n tn.the SRnr.TF Cnst chnrinn-mndpJ, reriiires-thp_finanriai imnart an hnth rities Fstimafnri_r...ns-t_in
Authorization Level: Council
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1. Project Manager
2. Risk Management/Budget
Z J 3. City Attorney
S2 4. Consultant/Contractor
J5. Other
❑✓ 6. City Council Approval
Date (it applicable)
❑✓ 7. Mayor
❑✓ 8. City Clerk
10/3/2017
INTERLOCAL AGREEMENT BETWEEN THE CITY OF EDMONDS AND
THE CITY OF LYNNWOOD FOR FUNDING OF A NARCOTICS SERGEANT
FOR THE SNOHOMISH REGIONAL DRUG & GANG TASK FORCE
THIS INTERLOCAL AGREEMENT FOR THE FUNDING OF A NARCOTICS
SERGEANT TO SERVE ON THE SNOHOMISH REGIONAL DRUG & GANG TASK
FORCE ("Agreement") is made and entered into this 26 day of ` TF." 2017 by
and between the CITY OF EDMONDS, a Washington municipal corporation
("Edmonds") and the CITY OF LYNNWOOD, a Washington municipal corporation
("Lynnwood"), pursuant to Chapter 39.34 RCW.
RECITALS
WHEREAS, the cities of Edmonds and Lynnwood have jointly worked together
since 1992 as members of the South Snohomish County Narcotics Task Force; and
WHEREAS, the cities of Edmonds and Lynnwood have been the primary
providers of staffing to that Task Force for the last several years; and
WHEREAS, the cities of Edmonds and Lynnwood, under the current South
Snohomish County Narcotics Task Force Interlocal Agreement, have participated in
shared funding of a sergeant position assigned to the narcotics unit; and
WHEREAS, the cities of Edmonds and Lynnwood have concluded that a more
effective narcotics investigative option is to transfer their investigative personnel and
financial resources from the South Snohomish County Narcotics Task Force to the
countywide Snohomish Regional Drug & Gang Task Force; and
WHEREAS, the cities of Edmonds and Lynnwood both desire to maintain high
levels of supervision of their narcotics investigative personnel and have elected to
continue their shared funding of a sergeant position to serve on the Snohomish Regional
Drug & Gang Task Force;
AGREEMENT
NOW, THEREFORE, in consideration of the respective agreements set forth
below and for other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, Edmonds and Lynnwood agree as follows:
1. Purpose of Agreement
This Agreement is authorized by and entered into pursuant to Chapter 39.34
RCW. The purpose and intent of this Agreement is to define the responsibilities of
Edmonds and Lynnwood regarding the funding of a sergeant position, which may be
employed by either city, to be assigned to the Snohomish Regional Drug & Gang Task
Force (the "Task Force").
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INTERLOCAL AGREEMENT BETWEEN EDMONDS AND LYNNWOOD FOR'�_�,�-ao2
FUNDING OF TASK FORCE NARCOTICS SERGEANT 1 vf7
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2. Effective Date and Duration.
This Agreement shall not take effect unless and until it has been duly executed by
both parties and either filed with the County Auditor or posted on either party's website.
This Agreement shall remain in effect through December 31, 2022, and shall
automatically renew for one additional five (5) year period, unless earlier terminated
pursuant to the provisions of Section 8 below; PROVIDED HOWEVER, that each
party's obligations after December 31, 2017, are contingent upon local legislative
appropriation of necessary funds for this Agreement's purpose in accordance with
applicable law.
3. Administrators.
Each party to this Agreement shall designate an individual (an "Administrator"),
who may be designated by title or position, to oversee and administer such party's
participation in this Agreement. The parties' initial Administrators shall be the following
individuals:
Edmonds' Initial Administrator:
City of Edmonds
Assistant Chief of Police
250 5ch Ave N
Edmonds, WA 98020
Phone: 425-771-0204
Fax: 425-771-0208
Email: don.anderson@edmondswa.gov
L wood's Initial Administrator:
Deputy Chief of Investigations and
Services / Administrative Assistant
1932140 Ave W
Lynnwood, WA 98036
Phone: 425-670-5613
Fax: 425-670-1418
Email: cgaler@lynnwoodwa.gov
Either party may change its Administrator at any time by delivering written notice of
such party's new Administrator to the other party.
4. Compensation.
Edmonds and Lynnwood will equally contribute to the salary and benefits
expenses for the shared narcotics police sergeant ("Narcotics Sergeant") position,
consistent with their respective budgeted amounts. The employer jurisdiction of the
employee serving in the Narcotics Sergeant position will be responsible for paying the
Narcotics Sergeant and will invoice the other jurisdiction on a quarterly basis for
reimbursement of one-half of the costs of the salary, benefits and other related expenses
for the Narcotics Sergeant. The other jurisdiction shall pay each undisputed invoice
within thirty days of the invoice date.
Each jurisdiction shall be responsible for informing the other as to its budgeted
amount for the Narcotics Sergeant position and for monitoring the utilization of budgeted
funds based on periodic reporting to be provided by the Narcotics Sergeant's employer
jurisdiction. In the event costs associated with the Narcotics Sergeant are anticipated to
exceed the budgeted amounts, either jurisdiction may elect to appropriate additional
funds or exercise its termination rights under this Agreement.
INTERLOCAL AGREEMENT BETWEEN EDMONDS AND LYNNWOOD FOR
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5. Reporting.
In accordance with the allocation rate provisions outlined in the Snohomish
Regional Drug & Gang Task Force Interlocal Agreement, as amended, the cities of
Edmonds and Lynnwood will individually report their costs associated with funding the
Narcotics Sergeant position when submitting their estimated and final contributions to the
Task Force for a given year.
6. Indemnification/Hold Harmless.
6.1 Shared Liabilily. Edmonds and Lynnwood agree that liability for the
negligent or tortious actions of the Narcotics Sergeant on behalf of the Task Force shall
be shared equally between them. It is further agreed that neither party shall be required to
pay more than one-half of the cost of payment of any judgment or settlement for a
liability claim which arises out of and is proximately caused by the actions of the
Narcotics Sergeant when acting on behalf of or in support of the Task Force and acting
within the scope of his/her employment or duties to said Task Force. This general
agreement on liability sharing is subject to the terms and conditions set forth below.
6.2 Hold Harmless. Edmonds and Lynnwood agree to hold harmless and
indemnify the other party from any loss, claim, or liability arising from or out of the
negligent or tortious actions or inactions of the Narcotics Sergeant as related to any Task
Force activity. Such liability shall be apportioned between Edmonds and Lynnwood
equally on an equal shares basis subject to any limitation set forth below.
6.3 Defense of Lawsuits. Edmonds and Lynnwood shall be jointly
responsible for selecting and retaining legal counsel for the Narcotics Sergeant if he/she
is named in a lawsuit alleging liability arising out of his/her acts on behalf of or in
support of Task Force operations. Edmonds and Lynnwood shall share equally in all costs
of defense associated with any such legal action.
6.4 Notice of and Settlement of Claims and Lawsuits. In the event that a
lawsuit is brought or a claim is filed naming the Narcotics Sergeant and alleging liability
arising out of his/her conduct on behalf of or in support of Task Force operations, it shall
be the duty of each party to notify the other party that such claim or lawsuit has been
initiated. No settlement of any such claim or lawsuit by either party shall require an equal
share contribution by the other party unless it was done with the knowledge and specific
consent of the other party. Any settlement made by either party which is made with the
written consent of the other party will require both parties to equally share in the payment
of said settlement.
6.5 Pgyment of Judgments. Edmonds and Lynnwood shall be jointly
responsible for the payment, on an equal shares basis, of any judgment entered against
the Narcotics Sergeant for liability arising out of his/her conduct on behalf of or in
support of Task Force operations. It is the intent of the parties to add up the total
combined judgment against the Narcotics Sergeant for compensatory damages and/or
INTERLOCAL AGREEMENT BETWEEN EDMONDS AND LYNNWOOD FOR
FUNDING OF TASK FORCE NARCOTICS SERGEANT 3 of 7
plaintiffs attorneys' fees and costs, and to divide said total combined judgment into
equal shares, and each party will then pay one half of the total combined judgment to
satisfy the judgment. Any party that refuses to pay its proportionate one-half share will be
liable to the other party that paid the non-paying party's share in order to satisfy a
judgment, plus any attorney's fees incurred in the collection of said monies from the non-
paying party.
Nothing in this section shall require either party to cover a portion or require
proportionate payment of any judgment against the employee serving as the Narcotics
Sergeant for liability not arising out of his/her conduct on behalf of or in support of Task
Force operations. For purposes of claims or lawsuits which predate this Agreement, or if
the occurrence which gave rise to said claim or lawsuit predates this Agreement, it is
Edmonds' and Lynnwood's intention that such claims and lawsuits be handled,
processed, and paid as though the terms of this Agreement were in full force and effect at
the time of the occurrence which gave rise to the claim or lawsuit.
6.6 Insurance Coverage. Edmonds and Lynnwood shall, to the best of their
ability and to the extent possible, coordinate their liability insurance coverages and/or
self -insured coverages to fully implement and follow the terms of this Agreement.
However, the consent of any liability insurance carrier or self -insured pooling
organization is not required to make this Agreement effective as between Edmonds and
Lynnwood, and the failure of any insurance carrier or self -insured pooling organization to
agree or follow the terms of this Agreement's provisions on liability shall not relieve
either party from its obligations under this Agreement.
6.7 Additional Indemnification. To the extent that a claim or action is not
covered by Sections 6.1 through 6.5 above, Edmonds and Lynnwood each respectively
agree to indemnify, defend, and hold harmless the other party, and the other party's
officers, employees, agents and contractors, from any claims, damages, losses, lawsuits,
costs, expenses, and judgments ("Claims") arising as a result of its respective negligent or
otherwise wrongful acts or omissions, in any way related to the performance of this
Agreement; provided, that to the extent the Claims are caused by the other party's
intentional acts or omissions or concurrent negligence, the indemnifying party's
obligation under this Section shall be limited to the indemnifying party's proportionate
share of liability as agreed to by the parties to this Agreement or determined by a court of
competent jurisdiction
7. Comnliance with Laws.
In the performance of its obligations under this Agreement, each party shall
comply with all applicable federal, state, and local laws, rules and regulations.
8. Termination.
8.1 30 Days' Notice. Except as provided in Section 8.2 below, either party
may terminate this Agreement at any time, with or without cause, upon not less than
INTERLOCAL AGREEMENT BETWEEN EDMONDS AND LYNNWOOD FOR
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thirty (30) days advance written notice to the other party. The termination notice shall
specify the date on which the Agreement shall terminate.
8.2 Lack of Funding. This Agreement is contingent upon governmental
funding and local legislative appropriations. In the event that funding from any source is
withdrawn, reduced, limited, or not appropriated after the effective date of this
Agreement, this Agreement may be terminated by either party immediately by delivering
written notice to the other party. The termination notice shall specify the date on which
the Agreement shall terminate.
9. Dispute Resolution.
In the event differences between the parties should arise over the terms and
conditions or the performance of this Agreement, the parties shall use their best efforts to
resolve those differences on an informal basis. If those differences cannot be resolved
informally, the matter may be referred for mediation to a mediator mutually selected by
the parties. If mediation is not successful or if a party waives mediation, either of the
parties may institute legal action for specific performance of this Agreement or for
damages. The prevailing party in any legal action shall be entitled to a reasonable
attorneys' fee and court costs.
10. Notices.
All notices required to be given by any party to the other party under this
Agreement shall be in writing and shall be delivered either in person, by United States
mail, or by electronic mail (email) to the applicable Administrator or the Administrator's
designee. Notice delivered in person shall be deemed given when accepted by the
recipient. Notice by United States mail shall be deemed given as of the date the same is
deposited in the United States mail, postage prepaid, and addressed to the Administrator,
or their designee, at the addresses set forth in Section 3 of this Agreement. Notice
delivered by email shall be deemed given as of the date and time received by the
recipient.
11. Miscellaneous.
11.1 Entire Agreement-, Amendment. This Agreement constitutes the entire
agreement between the parties regarding the subject matter hereof, and supersedes any
and all prior oral or written agreements between the parties regarding the subject matter
contained herein. This Agreement may not be modified or amended in any manner except
by a written document executed with the same formalities as required for this Agreement
and signed by the party against whom such modification is sought to be enforced.
11.2 Governing Law and Venue. This Agreement shall be governed by and
enforced in accordance with the laws of the State of Washington. The venue of any action
arising out of this Agreement shall be in the Superior Court of the State of Washington,
in and for Snohomish County. In the event that a lawsuit is instituted to enforce any
INTERLOCAL AGREEMENT BETWEEN EDMONDS AND LYNNWOOD FOR
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provision of this Agreement, the prevailing parry shall be entitled to recover all costs of
such a lawsuit, including reasonable attorney's fees.
11.3 Inte retation. This Agreement and each of the terms and provisions of
it are deemed to have been explicitly negotiated by the parties, and the language in all
parts of this Agreement shall, in all cases, be construed according to its fair meaning and
not strictly for or against either of the parties hereto. The captions and headings in this
Agreement are used only for convenience and are not intended to affect the interpretation
of the provisions of this Agreement. This Agreement shall be construed so that wherever
applicable the use of the singular number shall include the plural number, and vice versa,
and the use of any gender shall be applicable to all genders.
11.4 Severability. If any provision of this Agreement or the application
thereof to any person or circumstance shall, for any reason and to any extent, be found
invalid or unenforceable, the remainder of this Agreement and the application of that
provision to other persons or circumstances shall not be affected thereby, but shall instead
continue in full force and effect, to the extent permitted by law.
11.5 No Waiver. Failure to insist upon strict compliance with any terms,
covenants or conditions of this Agreement shall not be deemed a waiver of such, nor shall
any waiver or relinquishment of such right or power at any time be taken to be a waiver
of any other breach.
11.6 No Assignment. This Agreement shall not be assigned, either in whole
or in part, by either party without the express written consent of the other party, which
may be granted or withheld in such party's sole discretion. Any attempt to assign this
Agreement in violation of the preceding sentence shall be null and void and shall
constitute a default under this Agreement.
11.7 Warrant of Authorit . Each of the signatories hereto warrants and
represents that he or she is competent and authorized to enter into this Agreement on
behalf of the party for whom he or she purports to sign this Agreement.
11.8 No Joint Venture. Nothing contained in this Agreement shall be
construed as creating any type or manner of partnership, joint venture or other joint
enterprise between the parties.
11.9 No Separate Entity Necess . The parties agree that no separate legal
or administrative entities are necessary to carry out this Agreement.
11.10 Ownership of Property. Except as expressly provided to the contrary in
this Agreement, any real or personal property used or acquired by either party in
connection with its performance under this Agreement will remain the sole property of
such party, and the other party shall have no interest therein.
INTERLOCAL AGREEMENT BETWEEN EDMONDS AND LYNNWOOD FOR
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11.11 No Third Party Beneficiaries. This Agreement and each and every
provision hereof is for the sole benefit of Edmonds and Lynnwood. No other persons or
parties shall be deemed to have any rights in, under or to this Agreement.
11.12 Execution in Counter arts. This Agreement may be executed in two or
more counterparts, each of which shall constitute an original and all of which shall
constitute one and the same agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date first above written.
CITY OF EDMONDS: CITY OF LYNNWOOD:
City of Edmonds, a Washington
muDI
ration
jk f
Bye Earling
Title: Mayor
Attest/Authenticate:
By: 5��
Sco Passe
Title: City Clerk
App ed as to Form:
Office of the City Attorney
City of Lynnwood, a Washington
municipal corporation
By
Name: Nicola Smith]>rA
Title: Mayor
Attest/Authenticate:
By:
e: 7 e ri 5 P i n j e4—'
Title: V1Gi u- 17 , re c
Appr reed as to Form:
7
Office o ie City Attorney
INTERLOCAL AGREEMENT BETWEEN EDMONDS AND LYNNWOOD FOR
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