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The original paper copy of ALL Camas contracts/agreements/amendments are to be retained in the City' s centralized filing system ,
managed by the City Clerk' s Office .
i RES No . 16-009 , contract and agreement thresholds - authorizes Mayor/designee to enter into/execute the following contracts/ p
I agreements without individual approval of each contract/agreement by City Council :
o Professional Service Contracts/Agreements - including , but not limited to contracts/agreements for architectural ,
engineering , legal and consulting services involving a cost or fee of less than $50 , 000 . I
o Maintenance/Service Contracts - for nonprofessional services involving a cost or fee of less than $50 , 000 .
o Lease Agreements - for materials , supplies and equipment where expenditures or fee do not exceed $50 , 000 per year.
o Public Works Projects - Small Works Roster Projects with a single trade involving expenditures of less than .$ 100 , 000 and
Small Works Roster Projects with multiple trades involving expenditures of less than $ 150 , 000 , j
o Public Works Projects - Capital Major Maintenance Projects in excess of limits set forth above will proceed to Council for
approval . j
�i o Change Orders — Mayor/designee has the authority to execute Change Orders up to 10 % of contract total , provided they are
within limits of original contract and consistent with scope and intent of authorized project.
F11 JL Op 4T fJkLL APPUICABLE RE h DS iolwND ENSURE R11. 11 ECRE ICED Ea.` f MI S it RE
City Staff Contact Responsible) Staff Contact Phone # Staff Contact Title
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Contracting Agency\Party Contracting Agency Contact �ceScfSC.SO Contact Phone / Email
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City DepartmentIDivision p Dept. Admin Assistant Additional l Other Contact Information
Type of ❑ Construction/Small Works Project No Additional Contract Information (key words , other agency-related ,
Contract ❑ Consultant/Professional Services ordinance , amendment no . to original contract dated)
El Contract for Services �f+eo�f L OC CA�l rNA� fq.�" L
❑ Grant L & �'c5st s tz�,vtc � j,(t , &�CA� G
nterlocal Agreement (ILA) Recording Number 8e If Council Approval Required (see limits above), provide date of
[] Franchise Agreement Date Council approval : RES No.
I] Development Agreement
Budget Funded Account #
❑Amendment/Supplement to �j 1iQ
!I Contract No . � JJ _ y OR j
❑ Other (type) � 1 Z3 � ther Funding Source:
Contract Start Date Expiration Date _� Contract/Project Terms of Renewal or Termination & Extensions
Completion Date (REQUIRED)
Original or Copy Media Type Specific Location of Record
71 Original Copy 9%Paper ❑ Electronic ❑ CD - DVD ❑ Network Location
❑ Eng . Copy ❑ Video/Audio Tape ❑ Flash Drive ❑ Building Cabinet Number
If copy, whre is oril? El Other El Additional Copy Locations
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FOR ADMINISTRATIVE ASSISTANT USE ONLY
Disposition Authority # (DAN ) (REQUIRED) Records Series Title Retention/Dispo- Event Cut-off & Date
9 ,^ sition Action
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Designation/Remarks Comments �' � �
❑ Essential ❑ Archival-Appraisal Req ' d ❑ Archival-Permanent
❑ Non-Archival , Destroy After Retention Met ❑ Confidential f
❑ Other _ m�
Routing Signatures/Initials :
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IIARD COPY FILL COLOR CODE — RED: Permanent YELLOW.• Essential BLUE: Event-Based GREEIV. Expiration bate
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MASTER INTERLO CAL MUTUAL ��
LAW ENFORCEMENT ASSISTANCE AGREEMENT
THIS MASTER MUTUAL LAW ENFORCEMENT ASSISTANCE AGREEMENT
C 'MASTER AGREEMENT") is entered into by and between the undersigned parties for the
purpose of securing to each the benefits of mutual law enforcement assistance within their
respective territorial jurisdictions, to express the consent of each party to the enforcement within
their territorial jurisdiction by other parties of applicable traffic and criminal laws , and, in certain
cases , to designate certain personnel of other parties who are assigned to special law enforcement
units as special deputies .
WHEREAS , Oregon Revised Statutes (ORS) Chapter 190 and ORS 190 . 110 provide that
a unit of local government may enter into a written agreement with any other unit of local
government for the performance of any or all functions and activities that a party to the
agreement has the authority to perform, and
WHEREAS , ORS 190 . 420 provides that any power or powers, privilege or authority
exercised or capable of exercise by an Oregon public agency may be exercised and enjoyed
jointly with any public agency in another state to the extent that the laws of the other state permit
such exercise or enjoyment;
WHEREAS , QRS 190 , 472 provides that certain Washington police officers may exercise
any authority that the officer ' s commission vests in the officer throughout the territorial
boundaries of Oregon if the officer is acting pursuant to a mutual law enforcement assistance
agreement between law enforcement agencies of the respective states ;
WHEREAS , Revised Code of Washington (RCW) Chapter 39 , 34 and RCW 39 .34 . 030
provide that any power or powers, privilege or authority exercised or capable of exercise by a
Washington public agency may, by agreement, be exercised and enjoyed jointly with any other
public agency in any other state to the extent that the laws of such state permit such joint exercise
or enjoyment ;
WHEREAS, RCW 10 .93 . 130 provides that Washington law enforcement agencies may,
pursuant to the provisions of RCW Chapter 39.34, contract with any law enforcement agency of
Oregon or its political subdivisions to provide mutual law enforcement assistance ;
WHEREAS , RCW 10 , 93 .070(2) provides, inter alfa, that a general authority Washington
peace officer may enforce traffic and criminal laws throughout the territorial bounds of
Washington upon the prior written consent of the sheriff or chief of police in whose primary
territorial jurisdiction the exercise of the powers occurs , and
WE EREAS, RCW 10 . 93 , 090 provides that a specially commissioned Washington Peace
Officer as defined therein may exercise authority which the special commission vests in the
officer pursuant to a Mutual Law Enforcement Assistance Agreement; and
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WHEREAS , the parties to this Agreement desire to take full advantage of the provisions
cited herein,
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS :
1 . Definitions .
a) Administrative and Support Units mean those units comprised of
personnel assigned to administrative, fiscal, logistical or personnel
support, as opposed to investigative or enforcement activities , including
but not necessarily limited to fleet management, internal affairs, records
management, and the like .
b) Authorized representative means the ranking on-duty supervisor
empowered by his/her chief law enforcement officer to act under this
intergovernmental agreement.
c) Chief law enforcement officer includes the sheriff or director of public
safety of a county , the chief of police of a city or town, and chief officers
of any other law enforcement agency which is a party to this agreement.
d) Emergency Assistance means mutual aid provided by the parties in a
major incident under the statutory authority of the parties but without a
preexisting mutual aid agreement between the affected parties .
e) Employing agency_ means the law enforcement agency under whose
employment an officer is authorized to act and includes the "primary
commissioning agency " as that phrase is defined in RCW 10 . 93 . 020( 8)
and "commissioning agency" as that term is defined in ORS 190 . 476 (4) ,
as now enacted or hereafter amended,
f) Law Enforcement Agency means any "law enforcement unit" as defined
in ORS 181 . 610( 13 ) and any "general authority Washington law
enforcement agency" as defined in RCW 10 .93 . 020 ( 1 ), as now enacted or
hereafter amended.
g) Major incident means any crime or crimes , a natural disaster, extreme
civil disorder, or similar event causing or having potential to cause injury,
death, or substantial property damage.
h) Non-Emergency A.ssitance means mutual aid provided by the parties in
any circumstance, including a major incident, that is governed by a
preexisting mutual aid agreement between the affected parties .
i) Personnel means uniformed, investigative, or support service personnel of
any law enforcement agency which is a party to this agreement.
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j ) Police Officer, Peace Officer, General Authority Washington Peace
Officer , or Specially Commissioned Washington Peace Officer means a
full-time, fully compensated police officer commissioned by the States of
Oregon or Washington or any fallAime , fully compensated police officer
commissioned by a public agency or unit of local government of the States
of Oregon or Washington to enforce the criminal laws of Oregon or
Washington and includes the definitions contained or employed in ORS
181 . 610, ORS 190 .472 , RCW 10 .93 . 020(3 ), and RCW 10 . 93 . 020 (5 ), as
now enacted or hereafter amended.
k) Primary Geographic or Territorial Jurisdiction, in the case of counties ,
means the unincorporated areas of the county , and, in all other cases,
means the territorial boundaries of the city , town or other public agency or
unit of local government in which a law enforcement agency is authorized
to act . Such jurisdiction includes the definition contained in RCW
10 . 93 . 020(7), as now enacted or hereafter amended.
1) Public agency means those entities defined in ORS 190 .410 and RCW
39 . 34 . 020 , as now enacted or hereafter amended .
m) Special law enforcement unit means specialized investigative or
enforcement units, and includes : detective units or divisions ; explosives
and ordnance disposal units , hazardous devices or bomb squads ; drug or
drug and vice divisions or units , including multi-agency task forces ; gang
or gang enforcement units , including multi-agency task forces ; hostage
negotiation teams , special weapons and tactics teams or units; canine
units; traffic accident investigation units, and marine patrol units .
ffi
n) Technologymeans equipment and supplies used in the location,
identification and preservation of physical evidence .
o) Technical expertise means the knowledge, skills and abilities possessed
by personnel in investigative techniques and technology use.
p) Unit of local government means those public agencies defined in RCW
39 .34 . 020 and ORS 190 . 003 and as employed in RCW Chapter 39 . 34 and
in ORS 190 .003 to 190 . 125, as now enacted or hereafter amended.
2 . Purpose and Function . The purpose of this agreement is : ( 1 ) To provide for
combined use of personnel during major incidents ; (2) To permit the personnel of
each party to engage in administrative and investigative activity within the
primary or geographic territory of other parties; (3 ) To commission or specially
commission personnel in each party ' s specialized law enforcement units to
enforce applicable traffic and criminal laws within the primary or geographic
territory ' of other parties ; and (4) To encourage subsequent mutual law
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enforcement assistance agreements calling for specific combined operations
whenever tactically and fiscally practical and efficient .
a) Major Incidents , In the event of a major incident, a chief law
enforcement officer, or his or her authorized representative , is empowered
to request assistance without advance notice from another or all other units
of government and law enforcement agencies participating in this
Agreement when it reasonably appears that additional personnel,
technology and/or technical expertise is needed to respond to a major
incident occurring within the jurisdiction requesting assistance .
(i) Requests for Aid. Such requests may be made by the chief law
enforcement officer, or his or her authorized representative to the
chief law enforcement officer, or authorized representative, of the
responding unit of local government and law enforcement agency .
The latter shall respond to its fullest ability to do so without
compromising its ability and resources to maintain a reasonable
level of service within its own jurisdiction. The decision of the
chief law enforcement officer, or authorized representative of the
agency from whom aid is requested as to what personnel ,
equipment and vehicles are available for response shall be final.
(ii) . Recall , The assigned incident commander or incident coordinator,
at his or her discretion, shall have authority to deploy aiding
agency personnel, other than those deployed in special law
enforcement units, in any manner deemed necessary under the
circumstances . At the request of the incident commander or
incident coordinator, any aiding agency shall withdraw from the
scene of a major incident. Further, the responding agency shall be
released by the incident commander as soon as their services are
no longer required or when the responding agency is needed within
the area for which it normally provides law enforcement services .
(iii) Expenses. Expenses , incurred in the provision of emergency
assistance in major incidents shall be allocated in accordance with
this subparagraph.
(a) Extraordinary expense, as that phrase is employed in paragraph
9 , below, means any expense not formally budgeted or
approved and excludes salaries , benefits and overtime and
routine capital costs and expenses.
(b) Subsistence Expense means the reasonable cost of meals and
lodging, if not provided in kind.
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(c) Expenses . Routine expenses , including cost of equipment,
supplies , and materials used or expended, and reasonable
subsistence expenses incurred in the provision of emergency
assistance during major incidents shall be borne by each party .
In the case of a major incident, extraordinary costs , including
reasonable subsistence expenses , shall be borne by the agency
requesting assistance. At the conclusion of a major incident,
any property, equipment, or improvements used in the
provision of emergency assistance shall become to sole
propertyof the party that provided the property, equipment, or
improvements.
(d) Expenses incurred in connection with non- emergency
assistance provided through subsequent mutual aid agreements
or amended agreements shall be governed by the provisions for
Financial Administration set forth in paragraph 6, above .
b) Investigative Activities . In addition to assistance provided in major
incidents, the personnel of any parry may, without restriction or limitation,
engage in investigative activity within the primary territorial or geographic
jurisdiction of any other party, PROVIDED , that such personnel provide
notice of their presence to the party with primary territorial or geographic
jurisdiction by contact with its authorized representative either in person
or by telephone .
c) Exercise of Authority by Consent. Parties comprising Washington law
enforcement agencies, in accordance with RCW 10 . 93 . 070 ( 1 ), through
their sheriffs or chiefs, as chief law enforcement officers within their
jurisdictions , hereby consent to the exercise of authority by qualified
general authority Washington peace officers , whose agencies are
identified in Appendix A hereto , within their primary territorial
jurisdiction for the duration of the term or tenure of each sheriff or chief.
d) Special Law Enforcement Units.
(i) Preconditions to Authority, Commission or Special Commission.
To the fullest extent authorized by law, each party to this
agreement hereby authorizes , commissions or specially
commissions the actual exercise and enjoyment of authority by the
personnel of any party, who :
• Is then assigned to a special law enforcement unit, as defined in
paragraph 1 , hereof;
Is on duty, as opposed to off-duty or privately employed, at the
time of the exercise of authority;
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• Is an active member in good standing of his or her employing
agency ;
• Is a full-time, fully compensated and commissioned peace
officer or police officer, as defined in paragraph 1 , hereof, and
has met or exceeded all training and education standards or
requirements of the Oregon Board of Public Safety Standards
and Training or the 'Washington Criminal Justice Training
Commission;
• Has executed an acknowledgement of all conditions or
limitations to the exercise of authority and has executed such
oath of office as may be required by law or by any other party
to this agreement;
• Is then deployed in response to either (a) a request relating to a
major incident, as defined herein, or (b) this agreement, or (c)
pursuant to a separate mutual law enforcement assistance
agreement.
(ii) Agency Responsibilities . It shall be the responsibility of the party
authorizing, commissioning or specially commissioning personnel
under this agreement to provide necessary and appropriate
documents, including commission cards , conditions or limitations ,
and forms of oath to the employing agency of such personnel . It
shall be the responsibility of the employing agency to identify its
personnel assigned to , or reassigned from, its special law
enforcement units,* to ensure their good standing and qualifications,
and to furnish or surrender such documents, commission cards or
oaths as may be required by any other party .
(iii) Actual Exercise of Authority . The authorized, commissioned or
specially commissioned personnel of any party may , without
restriction or limitation, engage in investigative and enforcement
activity within the primary territorial or geographic jurisdiction of
any other party, PROVIDED, that such personnel provide notice of
their presence to the party with primary territorial or geographic
jurisdiction by contact with its authorized representative either in
person or by telephone and, PROVIDED FURTHER, that any
arrest, search, seizure or use of force shall be immediately reported
to the authorized representative of the party in whose territorial or
geographic. jurisdiction the same occurs .
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e) Subsequent Agreements . The parties agree that other mutual law
enforcement assistance agreements, not inconsistent with this agreement;
may and should be executed whenever combined administrative,
investigative or enforcement operations are mutually agreed to be
tactically and fiscally practical and efficient. Such agreements shall
incorporate by reference the terms of this agreement. In the event of
conflict in the interpretation of this and subsequent agreements , the
provisions of this agreement shall control unless expressly agreed
otherwise by the parties to the subsequent written agreement.
3 . Commencement, Effective Dates and Duration. This agreement shall become
effective on the date the agreement is executed by at least two parties and shall
renew automatically on the 1 " days of each following January thereafter unless
terminated in accordance with the provisions of paragraph 15 , below,
PROVIDED, that the consent to the. exercise of authority, given in accordance
with paragraph 2(c) hereof, shall be for the term or tenure of the consenting chief
law enforcement officer unless earlier revoked .
4 . Parties. This agreement contemplates the participation of law enforcement
agencies within the Oregon Counties of Clackamas , Columbia, Multnomah and
Washington and law enforcement agencies within the Washington Counties of
Clark and Skamania. Subject to the terms for commencement and termination,
the parties eligible for participation in this agreement include, but are not
necessarily limited to .
Clackamas County, Oregon Clackamas County Sheriff
City of Lake Oswego
City of Milwaukee
City of Oregon City
Clark County, Washington Clark County Sheriff
Burlington Northern Santa Fe
Railway Police Department
City of Battleground
City of Camas
City of La Center
City of Ridgefield
City of Vancouver
City of Washougal
Washington State University
Police Department
Columbia County, Oregon Columbia County Sheriff
City of Clatskanie
City of Ranier
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City of Scapoose
City of St. Helens
Multnomah County, Oregon Multnomah County Sheriff
City of Gresham
City of Portland
Port of Portland
Skamania County, Washington Skamania County Sheriff
City of Stevenson
Washington County, Oregon Washington County Sheriff
City of Beaverton
City of Hillsboro
City of Tigard
Oregon State Police
Washington State Patrol
5 . Joint Administration . No new or separate legal or administrative entity is
created by this agreement. This agreement shall be administered by a Board
comprised of the chief law enforcement officers of each signatory law
enforcement agency or his or her designee. Upon the commencement of this
agreement by its execution by at least two parties , those parties may designate a
specific member, officer or agent, to act as administrator of this and related
mutual law enforcement assistance agreements, whose duty it shall be to report
annually to the Board concerning the exercise and enjoyment of authority under
such agreements . At the conclusion of the first full calendar year in which this
agreement is in effect, and annually thereafter, a majority of signatories
represented on the Board may designate a specific member, officer or agent, to act
as administrator. It shall be the duty of the Board to evaluate the exercise of
authority under this and related mutual law enforcement assistance agreements
and to recommend reasonable and necessary amendment or modification thereof
to their governing or legislative bodies .
5 . Financial Administration. The methodology for determining the fair costs of
non-emergency assistance mutual aid, for contracting for services, for adjustments
to service delivery and compensation therefore, for billing and payments for
services, and for the transfer and disposition of capital assets for this Agreement
and subsequent agreements that incorporate it is governed by the Finance and
Administration Provisions attached hereto as Exhibit " A" and incorporated by
reference as if fully set forth herein. Financial administration for emergency
assistance mutual aid is governed by paragraph 2 (a) (iii) of this Master Agreement.
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7 . Personnel. No transfer of any personnel between the parties is provided for by
this agreement. Each parry to this agreement shall continue to provide to its own
personnel who may assigned to render assistance to any other 'party or who may
otherwise exercise or enjoy authority under this agreement the same salaries,
compensation for death or disability, retirement and leave , cost of transportation,
and other normal fringe benefits as such personnel would receive from that party
as their employing agency.
8 . Property . No transfer of property between the parties or to any third party is
provided for by this agreement.
9 . Supervision and Control Over Officers .
a) Major Incidents,
(i) Incident Commander . The sheriff or chief, or their authorized
representative legally responsible for police protection at the scene
of the major incident shall remain in charge as incident commander
or incident coordinator and shall provide general directions to all
aiding agency personnel .
(ii) Incident Coordinator . Where the services of the responding
agencies are required on a dispersed basis or at several locations,
the sheriff or chief, or designated officer in charge for the agency
requesting assistance shall be the incident coordinator. The
coordinator shall have the authority to assign responding agency
personnel to locations within or without his/her jurisdiction, save
that as to responding personnel dispatched to locations outside of
his/her jurisdiction, the coordinator shall forthwith give notice of
such dispatch to the senior officer in the jurisdiction to which said
personnel are dispatched, and said senior officer shall forthwith be
deemed the officer responsible for personnel serving in his/her
jurisdiction, and, under the coordinator, shall provide direction to
such responding personnel so that the desired effect may result.
(iii) Special law enforcement units , Special law enforcement units ,
such as "Special Weapons and Tactics Teams," "Hostage
Negotiation Teams, " "Hazardous Devices of Bomb Squads," and
other specialized teams, when requested will maintain their unit
integrity and will be responsible to an incident commander from
their agency. The incident commander will correlate his/her unit ' s
actions with the incident coordinator to achieve the desired results ,
but shall retain full authority to assign, deploy, and initiate action
by his/her aunt; and may withdraw his/her unit or request that
personnel from other agencies avoid or discontinue activities
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which, in his/her discretion will Compromise or hinder the effective
performance of his/her unit.
b) Investigative Activity. Personnel who exercise or enjoy investigative
authority under this agreement without prior delegation of direct
supervision to another party, shall be deemed to be under the command
and control of their employing agency.
c) Exercise of Authority by Consent. General authority Washington peace
officers exercising authority by consent within the primary territorial
jurisdiction of another Washington law enforcement agency shall be
deemed to be under the command and control of their employing agency.
d) Special Law Enforcement Units . personnel assigned to special law
enforcement units who exercise or enjoy authority by virtue of
commissions or special commissions granted under this agreement,
despite prior delegation of general supervision to the incident commander,
incident coordinator or other authorized representative of another party ,
shall be deemed to be under the command and control of their employing
agency ,
10 . Privileges and Immunities. All of the privileges and immunities from liability,
exemption from laws, ordinances and rules , and all pension relief, disability,
workers' compensation insurance and other benefits that apply to the activities of
law enforcement personnel when performing their duties within the territorial
limits of their employing agencies apply to them and to their employing agencies
to the same degree and extent while the officers exercise authority under this
agreement.
110 Liability and Indemnification . It is understood that this Agreement for mutual
aid shall constitute the sole consideration for all requested assistance and during
the course of rendering aid the use of personnel or equipment of each party shall
be at the risk of that party . Each party hereto shall protect its own employees
performing under this Agreement by adequate workers compensation insurance or
self-insurance . Each party hereto shall obtain and maintain in full force and effect
adequate public liability and property damage insurance or self-insurance to cover
claims for injury to persons or damage to property arising from the performance
of this Agreement. Each jurisdiction shall be responsible for the acts of its own
employees .
Each party, as the employing agency, hereby agrees to indemnify and hold
harmless all other parties and their officers, agents and employees from and
against any and all loss, damages, injury, liability suits and proceedings however
caused , arising directly , or indirectly out of any. action or conduct of the employing
agency ' s personnel in the exercise or enjoyment of this agreement, subject to the
following provisions and limitations :
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a)
Generally . Except as provided herein, liability for any and all loss ,
damages , injury , liability suits and proceedings however caused, arising
directly or indirectly from the provision of mutual law enforcement
assistance in accordance with this agreement shall be allocated in
accordance with ORS 190 . 476 and/or RCW 10. 93 . 040 ;
b) Special Law Enforcement Units. Notwithstanding theprior delegation of
general supervisory control over personnel in special law enforcement
units to an incident commander, incident coordinator or other authorized
representative, the duty to indemnify and hold harmless shall remain with
the party which is the employing agency of such personnel , except as
provided below.
c) Claims Involving Unauthorized Intentional Conduct. The duty to defend
or indemnify , established herein, shall not extend to liability alleged or
found to have arisen out of bodily injury to persons or damage to property
caused by or resulting from the unauthorized intentional conduct of
personnel of any other party .
d) Claims Involving Sole Conduct of Person or Party . The duty to defend or
indemnify, established herein, shall not extend to liability alleged or found
to have arisen out of bodily injury to persons or damage to property caused
by or resulting from the sole acts, omissions or negligence of personnel of
any other party .
e) Claims Involving Concurrent Conduct. The duty to defend or indemnify,
established herein, shall extend to liability for damages alleged or found to
have arisen out of bodily injury to persons or damage to property caused
by or resulting from the concurrent acts, omissions or negligence of
personnel of the parties only to the extent of the actual negligence of such
personnel . Notwithstanding the existence of related liability claims
against other parties , as to claims of concurrent liability, the duty to defend
and indernnify shall extend to the party whose personnel ' s actual conduct,
act or omission is agreed by the parties or later determined to have been
the direct cause of the injury to persons or damage to property which is the
subject matter of the claim.
f) Claims by Personnel of Party, Each party shall indemnify and hold
harmless the other parties for liability for damages alleged or found to
have arisen out of bodily injury to its personnel arising directly or
indirectly out of the exercise or enjoyment of authority under this
agreement. As to such claims against any other party, its officers or
agents, each of the parties to this agreement specifically and expressly
waive any immunity that may be granted them under the workers '
compensation laws of the States of Oregon or Washington.
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g) Property of the Parties . No party to this Master Agreement shall be
obligated to reimburse any other party for use of personnel or equipment,
except that, in the event of emergency assistance in amajor incident, the
requesting agency shall retain responsibility for all extraordinary
equipment, materials and supplies , including reasonable subsistence
expenses , in accordance with paragraph 2(a) (iii) hereof.
h) Notice of Claims or Actions . If any party receives notice of claim, suit or
action arising from the exercise or alleged exercise of authority under this
Agreement, such party shall promptly notify in writing the administrator
designated by the Board in accordance with paragraph 5, above , and/or all
other parties who are or may be affected by such notice of claim, suit or
action.
The indemnification provided herein shall include all costs of defending any suit,
including attorney fees .
12 . Reporting. Any exercise of investigative authority under this agreement must
meet the notification requirements set forth in paragraph 2, as well as the-
reporting
hereporting requirements of ORS 190 . 474 and/or RCW 10 . 93 . 030 , as now enacted
or hereafter amended. In addition, copies of reports relating to the exercise of
authority shall be provided to the administrator designated by the Board.
13 . Media Relations . In the event the actual exercise or enjoyment of authority
pursuant to this Agreement results in a press conference, press release or other
media relation involving any party , said party shall provide notice thereof,
together with copies of briefings, releases or other similar documents , to the chief
law enforcement officer or authorized representative of any other affected party .
14 . Termination. Any party herein shall have the right to terminate this Agreement
for any reasons whatsoever upon giving the other parties thirty (30) days written
notice in advance of the date sought for such termination; PROVIDED, that the
terms and conditions of this Agreement shall continue in full force and effect for
the duration of any subsequent or subsequently amended mutual law enforcement
assistance agreements to which this Agreement applies on the date of notice of
termination and, PROVIDED, that, as to such party, any obligation or liability
arising directly or indirectly from an occurrence prior to the date sought for such
14 termination shall not be excused and, PROVIDED FURTHER, that this
agreement shall remain in full force and effect as to the remaining parties Hereto
so long as at least two parties remain active participants .
15 , Dispute Resolution . In the event of a dispute between any parties regarding the
exercise or enjoyment of authority under this agreement, the dispute and options
for its resolution shall be reviewed, first, by chief law enforcement officers and,
second, by the designee of the governing or legislative body of the affected
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agencies . Any decision of the affected parties regarding the dispute shall be final
as between those parties and shall be communicated in writing to the designated
administrator of the Board. Any dispute, controversy or claim of breach arising
out of or related to this agreement, which cannot be resolved by the affected
parties, shall be referred, first, to the designated administrator and, second to the
Board for mediation. The designated administrator or mediator(s) appointed by a
majority of the Board shall review the dispute, controversy or claim and options
for its resolution . Any action taken or decision made in informal consultation or
mediation shall be subject to ratification by the governing or legislative body of
the affected public agencies . Any dispute, controversy or claim of breach which
cannot be resolved by mediation, shall be submitted to binding arbitration in
accordance with the rules and procedures set forth in ORS Chapter 36 or RCW
Chapter 7.04, as the case may be, and the judgment or award rendered by the
arbitrator may be entered in any court having jurisdiction thereof.
16 . Assignment/Subcontracting. No party to this agreement shall transfer or assign,
in whole or in part, any right or obligation created under this agreement .
17 . No Third Party Beneficiary . By execution of this agreement, the parties do not
intend there be any third-party beneficiary of the rights or obligations created
herein.
18 . Non-Discrimination. In the exercise and enjoyment of authority under this
agreement, no party shall discriminate against any personnel because of age, sex ,
race, creed, religion, color, national origin, marital status , pregnancy, veteran
status, any physical, mental or sensory disability, or actual or perceived sexual
orientation.
19 . Notice. Any notices to be given under this agreement shall be sufficient when
delivered, postage prepaid, and addressed (a) to the affected party or parties at the
address (es) listed on their signature page of this agreement and (b) to the
designated administrator at such address as he or she may from time to time
provide to the parties.
20 . Waiver. No waiver by any party of any term or condition of this agreement, or
prior agreements ratified hereby , shall be deemed or construed to constitute a
waiver of any other term or condition or of any subsequent breach, whether of the
same or different provision.
21 . Incorporation/>R.atification of Pre- existing Mutual Law Enforcement
Assistance Agreements . Any pre-existing mutual law enforcement assistance
agreements between two or more parties to this Agreement, identified in
Appendix I to the signature page of each affected party and attached as exhibits to
such appendices, are incorporated herein as if fully set faith in this agreement. As
between the affected parties, such agreements remain in full force and effect.
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22 . Priority of Documents and Construction.
a) Pre- existing Agreements . Subject to paragraph 24 , below, all terms and
conditions of this Agreement, not inconsistent with the provisions of any
pre-existing mutual law enforcement agreement between two or more
parties hereto, shall control over such pre- existing agreement. in case of
conflict between the terms of this agreement and the provisions of a pre-
existing mutual law enforcement assistance agreement between two or
more parties . hereto, as to those parties the specific provisions of the pre-
existing agreements shall control over this agreement.
b) Subsequent Agreements , Subsequently Amended Agreements . Subject to
paragraph 24, below, all terms and conditions of this Agreement, shall
control over inconsistent provisions of any subsequent mutual law
enforcement assistance agreements or subsequent amendment to any
mutual law enforcement assistance agreement between two or more
parties hereto, Provided, However, that the parties may agree that
specifically identified terms and conditions of this Agreement shall be
superseded, in whish case, the specific provisions of the subsequent
mutual law enforcement assistance agreement or amended law
enforcement assistance agreement shall control over the specified
provisions of this Agreement.
23 . Entire Agreement. This agreement, combined with the attached, incorporated
and ratified pre-existing mutual law enforcement assistance agreements, contains
all of the agreements of the parties with respect to the subject matter covered or
mentioned therein and no other prior agreements shall be effective to the contrary .
24 . Amendment. The provisions of this agreement and of the attached, incorporated
and ratified pre- existing mutual law enforcement assistance agreements may be
amended with the mutual consent of the parties or, in the case of pre-existing
agreements, by the affected parties. However, no additions to , or alterations of,
the terms of this agreement shall be valid unless made in writing and farmally
approved and executed by all of the parties hereto .
25 . Document Execution and Filing. By execution of this agreement, each party
represents that it has authority to act and that it has submitted, or will submit, this
agreement for review and filing as may be required by the laws of Oregon or
Washington.
26 . Severability. If any section or part of this agreement is held by a court of
competent jurisdiction to be invalid, such action shall not affect the validity of any
other part of this agreement.
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CLARK COUNTY COMHI56IMS AGR 0 , 00 Clark County , CdA
Exhibit A.
FINANCE AND ADMINISTRATION PROVISIONS
For purposes of this Master Interlocal Mutual haw Enforcement Assistance Agreement
and subsequent agreements or amended agreements that incorporate it, the parties agree that the
following method for determining fair costs for contracting services between jurisdictions and
for the cost sharing of agreed to services shall govern, regardless of which jurisdiction manages
the service ,
X . PURPOSE. The purpose of this agreement is to set forth the financial and administrative
procedures the undersigned parties incorporate into subsequent service agreements
2 .
DEFINITIONS *
a) Government, Jurisdiction that solicits and pays for the service (s) .
b) Contractor. Jurisdiction that contracts to provide the service(s) .
c) Jurisdiction . See Master Inter local section 4. Parties ,
d) Cost centers . The sum total of all direct costs, departmental overhead costs and
interdepartmental indirect costs required providing a specific service,
e) Allocation . That portion of the Contractor' s cost center that. is directly attributable to
the provision of services .
f) Direct costs . Those costs that can be identified specifically with a particular final cost
objective.
3 . COST OF SERVICES
a) Cost center calculation. Costs for services shall be calculated using the Contractor' s
current year adopted budget. The cost center shall be the sum total of all direct costs ,
departmental overhead costs and interdepartmental indirect costs.
b) Direct Cost Calculation. Direct costs shall include all personnel salaries, benefits ,
supplies and services of those programs that are directly involved in the provision of
services .
i) Capital costs. Capital budget appropriations for equipment that costs $ 5 , 000 or less
shall be included in the current year cost center, PROVIDED that if the Contractors
current capital policy is for an amount higher than $ 5 , 000 the higher amount shall bee
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the applicable policy . Equipment that costs $ 5 ,000 (or the. Contractor' s applicable
policy amount) or more shall be depreciated over the service life of said equipment
and only the current year depreciation shall be included in the cost center.
ii) Equipment costs . Equipment costs shall include all Contractor' s cost (e . g .
maintenance, fuel depreciation) .
c) Departmental overhead costs. Department overhead shall include all administrative
and support costs related to service operations and shall be proportionate to the direct cost
of services .
d) Inter departmental indirect costs . The parties agree that the Contractor may use its
most current published indirect plan when costing services . The plan must be in
accordance with OMB Circular AmV .
i) Self-Insurance. The Contractor may recover the annual costs of their self-insurance
program by either including the program as an element of their indirect cost plans or
by charging programs directly. The program shall be subject to actuarial review at
least every five years and the annual internal charge shall represent an amount that
maintains the program.
e) Depreciation. The Contractor can recover the cost of replacing "booked" facility or
equipment assets . The method of recovery will be determined by the agreements subject
to this Master Inter local Assistance Agreement.
f) Revenue. If the Contractor receives revenues that offset direct, departmental overhead
and interdepartmental indirect expenses, the revenues will be applied to the applicable
expense category prior to the allocation of costs to the Government.
g) Allocation of costs . The allocation of service costs must be based on one or more
measurable factors, including but not limited to :
i) The geographic size of the area to be serviced;
ii) The population of the area to be serviced;
iii) The assessed valuation of the area to be serviced;
iv) The level of service to be delivered;
v) Workload statistics or other relevant data bases .
h) ' Reconciliation of ebntraeted (budgeted) costs with actual costs . For those service
contracts wherein the cost of services to the Government is based on a percentage
allocation of the Contractor' s total current year budget, there shall be a year-end
reconciliation of the Contractors budgeted appropriations for the service cost center with
the Contractor's actual costs for the service cost center; said reconciliation to be made
following the thirteenth month accounting period. In those circumstances where the
Contractor's year-end actual costs are less than the amount that was appropriated in the
Contractors budget, the Government shall receive a monetary rebate for the cost of
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CLARK COUNTY COMMI56IONER6 AOR 0 , 00 Clark County , WA
services within 30 days subsequent to the reconciliation date, or at the Government's
option, a credit for the cost of the subsequent year services .
i) Calculation of the rebate/credit. The amount of the rebate or credit shall be based
on the Government' s allocated share of the costs ; e . g . if the Government' s allocated
share of the Contractor' s cost center is twenty five (25) percent, the Government shall
be entitled to a rebate or credit equaling twenty -five percent of the difference between
the Contractors budgeted . appropriations for the cost center and the Contractors actual
costs .
i) Reconciliation of adopted budget with thirteenth month budget. There shall be a
year- end reconciliation of the Contractor's original adopted budget with Contractor' s
budget as it exists following mid-year supplemental appropriations or other budget
adjustments . Mid-year legislative resolutions which adjust the Contractors budgeted cost
center shall also adjust the Government' s service costs in accordance with the percentage
allocation that was contractually agreed to; PROVIDED that the Government shall have
the right to question the validity of those supplemental appropriations not directly related
to the provision of Government services pursuant to Sections 3a through 3d of this
agreement.
i) Validity of supplemental appropriations. The Contractor shall provide the
Government with a copy of all mid-year budget resolutions and associated staff
reports . If the Government wishes to question the validity of all or of some part of a
supplemental appropriation, the Contractor' s finance director and the Government' s
finance director shall attempt to resolve the matter. If the Contractor ' s finance .
director and the Government ' s finance director are unable to resolve the matter, the
provisions for dispute resolution set forth in the Master Interlocal agreement shall
apply .
4 . CHANGE IN SCOPE OF SERVICES .
a) Mid-year adjustments to service delivery. The Government may order changes in the
delivery of services consisting of additions, deletions, or other revisions within the
general scope of the contract. No claims may be made by the Contractor that the scope of
the Contractor's services have been changed, requiring changes to the amount of
compensation to the Contractor or other adjustments to the contract, unless such changes
or adjustments have been made by written amendment to the contract signed by the
Government and the Contractor.
i) Additional compensation. If the Contractor believes that any particular work is
not within the scope of the contract, is a material change, or will otherwise require
more compensation to the Contractor, the Contractor must immediately notify the
Government's Finance Director in writing of this belief. If the Government's Finance
Director believes that the particular work is within the scope of the contract as
written, the parties, will resolve their dispute in accordance with the Master Interlocal
Assistance Agreement,
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Pagel 19 of 24
CLARK COUNTY CMISSIONM AGR 0 . 00 Clark County , NA
b) Annual adjustments to service delivery. Each year, by September 5 , or the first
working day thereafter, the Contractor shall provide the Government with an estimate of
the subsequent years service costs and service data and an estimate of the Government' s
contract amount for the same level of service for the subsequent year . By September 20
or the first working day thereafter, the Government shall notify the Contractor of any
changes in service or service level for the subsequent year. By October 10 or the first
working day thereafter, the Contractor shall provide the Government with the estimated
contract amount for the subsequent year based on the changes in service requested by the
Government.
i) Reconciling final adopted budget with contract. The Contractor shall adjust
the contractual cost of services to reflect the final adopted budget and shall notify the
Government in writing of any adjustments made to the contract amount, on or before
December 31 .
5 . FINANCIAL REPORTING and PAYMENT REQUIREMENTS .
a) Monthly reports . The Contractor shall provide the Government with monthly revenue
and expenditure reports . The reports shall be tailored to report only those revenues and
expenditures that are associated with the service agreement.
b) Ending reports . The Contractor shall provide the Government with reports showing
total ending revenues and expenditures associated with the service agreement either at the
termination of the agreement or at the end of the calendar year, whichever occurs earlier.
c) Billing procedures . It is contemplated that service costs to the Government may be
based either upon the Contractor' s actual monthly costs of service, or upon the
Contractors budget; pursuant to Section 3 of this agreement. If service costs are based on
the Contractor's actual monthly costs, payments shall be made within 30 days after
receipt of the Contractors bill . If service costs are based on the Contractor's budget, the
Government shall make four equal quarterly payments . The Contractor shall issue the
bill by the fifteenth ( 15th) day of the month and payments by the Government shall be
due within. thirty (3 0) days after issuance of the bill . Payments that are not paid within
the allotted time periods shall be considered delinquent. Delinquent charges shall accrue
interest on the unpaid balance , from the date of delinquency until paid, at an interest rate
of one percent ( 1 %) per month.
G . TRANSFER AND DISPOSITION OF CAPITAL ASSETS
a) Transfer of real property at agreement termination. Upon termination of this
agreement, non-infrastructure property, such as land and buildings shall be transferred at
fair market value as determined by an appraisal from disinterested persons of suitable
qualifications ; PROVIDED, the Contractor shall have discretion to sell such assets and
the Government shall have discretion to buy,
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b) Vehicles and Equipment. Upon termination, vehicles and equipment shall be
transferred at fair market value ; PROVIDED , the Contractor shall have discretion to sell
such capital assets and the Government shall have discretion to buy . Fair market value
shall be the mutually agreed upon price at which bone fide sales have been consummated
for assets of like type, quality, and quantity in the Portiand metro market at the time of
acquisition. The Contractor shall retain any monetary reserves set aside for maintenance
or replacement of the vehicle or equipment to be transferred.
i) Definition of equipment. Equipment shall be defined as any capital asset having a
value of $ 5 , 000 or more ; PROVIDED , that if the Contractor' s current capital policy is
for an amount higher than $ 5 ,000 the higher' amount shall be the applicable policy .
definition of a computer as equipment. A computer, for the purpose of transfer as
" equipment, " shall be comprised of the Central Processing Unit (CPU) plus a
monitor, plus any keyboard, plus any associated peripherals,
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MASTER INTERLOCAL MUTUAL LAW
ENFORCEMENT ASSISTANCE AGREEMENT - 19 of 28
EXECUTED on the day and year first written below.
CITY OF CAMAS , WASHINGTON
z
Mayor
Date : 17- / / / O
j `
Z
Police Chief
ac Q t0
A7 Vas form :
lgrk ity A of ey
'..Address for Notice :
Mitch Lackey, Police Chief
Camas Police Department
City of Camas
2100 N . E . 3rd Avenue
Camas , WA 98607
rs
MASTER INTERLOCAL MUTUAL LAW
ENFORCEMENT ASSISTANCE AGREEMENT- 20 of 28
EXECUTED on the day and year first written below.
CLARK COUNTY SHERIFF BOARD OF COUNTY
COMMISSIONERS , Clark Co . , WA
Garry E. Lucas , Sheriff Mark Boldt, Chair
Date :
Steve Stuart, Commissioner
Tom Mielke, Commissioner
Approved as to form :
ARTHUR D . CURTIS ATTEST :
Prosecuting Attorney
Senior Deputy Clerk to the Board
Address for Notice:
Garry E. Lucas, Sheriff
Clark County Sheriff' s Office
Post Office Box 410
Vancouver, WA 98666
MASTER INTERLOCAL MUTUAL LAW
ENFORCEMENT ASSISTANCE AGREEMENT- 21 of 28
F
EXECUTED on the day and year first written below.
SKAMANIA COUNTY SHERIFF BOARD OF COUNTY
COMMISSIONERS , Skamania Co . , WA
David S . Brown, Sheriff Al McKee, Chair
Date:
Bud Quinn, Commissioner
Bob Talent, Commissioner
Approved as to form:
PETER S . BANKS ATTEST :
Prosecuting Attorney
Clerk to the Board
Address for Notice:
David S . Brown, Sheriff
Skamania County Sheriff' s Office
Post Office Box 970
Stevenson, WA 98648
MASTER INTERLOCAL MUTUAL LAW
ENFORCEMENT ASSISTANCE AGREEMENT- 22 of 28
}
EXECUTED on the day and year first written below.
CITE' OF VANCOUVER, WASHINGTON
Clifford Cook, Vancouver Police Chief
Date:
Pat McDonnell, City Manager
Date :
Approved as to form :
Clerk City Attorney
Address for Notice :
Clifford Cook, Police Chief
Vancouver Police De_parlment
City of Vancouver
P . O . Box 1995
Vancouver, WA 98668
MASTER INTERLOCAL MUTUAL LAW
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EXECUTED on the day and year first written below .
CITY OF WASHOUGAL, WASHINGTON -
Ron Mitchell, Police Chief
Date: _
Mayor
Date :
Approved as to form :
Clerk City Attorney
Address for Notice:
Ron Mitchell, Police Chief 97
Washougal Police Department
City of Washougal
1320 A Street
Washougal, WA 98671
MASTER INTERLOCAL MUTUAL LAW
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4
EXECUTED on the day and year first written below.
CITY OF BATTLE GROUND , WASHINGTON
Robert Carden, Interim Chief of Police
Date :
Mayor
Date:
Approved as to form :
Clerk City Attorney
Address for Notice:
Robert Carden, Interim Chief of Police
Battle Ground Police Department
City of Battle Ground
507 SW 1 Street
Battle Ground, WA 98604
i'
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EXECUTED on the day and year first written below,
CITY OF RIDGEFIELD, WASHINGTON -
Carrie Greene, Police Chief
Date :
City Manager
Date :
Approved as to form ;
Clerk City Attorney
Address for Notice:
Carrie Greene, Police Chief
Ir
Ridgefield Police Department
City of Ridgefield
116 North Main Avenue
Ridgefield, WA 98642
MASTER INTERLOCAL MUTUAL LAW
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i
' F
16
EXECUTED on the day and year first written below .
CITY OF LA CENTER, WASHINGTON
Tim Hopkin, Police Chief
Date:
Mayor
Date :
Approved as to forni :
Cleric City Attorney
Address for Notice :
Tim Hopkin, Police Chief
La Center Police Department
City of La Center
105 W 5' Street
La Center, WA 98629
k
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EXECUTED on the day and year first written below .
1
WASHINGTON STATE UNIVERSITY
Dave Stephenson, Lieutenant
Department of Public Safety
Date:
Dean -
Date :
Approved as to form :
Clerk Attorney
Address for Notice:
Dave Stephenson, Lieutenant
Department of Public Safety
Washington State University
14204 N .E . Salmon Creek Avenue
Vancouver, WA 98686
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