Washington County - Range Shooting Simulator INTERGOVERNMENTAL AGREEMENT
SHARED USE OF SHOOTING SIMULATOR
This Agreement is entered into,by and between the political subdivisions of the State of Oregon set
forth in Attachment A,which is incorporated herein by this reference.
WHEREAS ORS'190.010 authorizes the parties to enter into this Agreement for the performance of
any or all functions and activities that a.party to the Agreement has authority to perform.
Now, therefore,the parties agree as follows:
1) This Agreement shall be effective upon final signature and shall be of unlimited duration
provided that Washington County and at least one other local government continue as:parties.
2) The parties agree to the terms and conditions set forth in Attachment B,which is incorporated
herein, and describes the responsibilities of the parties,including compensation, if any.
3) Each party shall comply withall applicable federal,state and local laws;and rules and regulations
on non-discrimination in employment because of race,color,ancestry,national origin,religion,
sex,marital status,age,medical condition or handicap.
4) To the extent applicable,the provisions of ORS 279.312,279.313,279.314,279.316,279.320 and
279.334 are incorporated by this reference as though fully set forth.
5) Each party is an independent contractor with regard to each other party(s)and agrees that the
performing party has no control over the work and the manner in which it is performed. No party
is an agent or employee of any other.
6) No party or its employees is entitled to participate in a pension plan, insurance,bonus,or similar
benefits provided by any other party.
7) This Agreement may be terminated upon mutual agreement of all parties, in which event the
procedures for dissolution shall be followed. Any party may terminate its participation in this
Agreement by providing 60,days written notice to Washington County and the Chair of the User
Group. Additional terms,rights,,.obligations,and procedures for termination and dissolution are
set forth in paragraph 8 of Attachment B.
8) Modifications to this Agreement are valid only if made in writing and signed by all parties.
PAGE 1 OF 3 - SHOOTING SIMULATOR INTERGOVERNMENTAL AGREEMENT
9) Subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims Act,
ORS 30.260 to 30.300, and the Oregon:Constitution,each party agrees to hold harmless,
defend, and indemnify each other, including its officers, agents, and.employees, against all
claims,demands,,actions and suits(including all attorney fees-and costs) arising from the
indemnitor's performance of this Agreement where the,loss or claim is attributable to the .
negligent acts or omissions of that party.
10) Each party shall give the other immediate written notice of any action or suit filed or any claim
made against that party which may result in litigation in any way related to this Agreement.
11) Each party agrees to maintain.insurance levels, or self-insurance in accordance with ORS
30.282, for the duration of this Agreement at levels necessary to protect against public body
liability as specified in ORS 30.270.
12) Each party agrees to comply with all local, state and federal ordinances, statutes, laws and
regulations that are applicable to the services provided under this Agreement.
13) This Agreement is expressly subject to the debt limitation of Oregon Counties set forth in
.Article XI, Section 10 of the Oregon Constitution, and is contingent upon funds being
.appropriated therefor.
14) This Agreement maybe executed in several counterparts,each of which shall be considered an
original.
15) This writing is intended both as the final expression of the Agreement between the parties with
respect to the included terms and as a complete and exclusive statement of the terms of the
Agreement.
Continued only following page.
PAGE 2 OF 3 - SHOOTING SIMULATOR INTERGOVERNMENTAL AGREEMENT
WHEREAS, all the terms.and conditions of this Shooting Simulator Intergovernmental Agreement are
agreed upon by the party listed below and executed by the duly authorized representative.
Jurisdic n
Pti
Signature
Date
APPROVED AS TO FORM
ASSISTANT COUNTY COUNSEL
FOR WASHINGTON COUNTY, ORE
PAGE 3 OF 3 -SHOOTING SI1AMATOR'INTERGOVERNMENTAL AGREEMENT
ATTACHMENT A
Range 2000 Estimated Cost Analysis
For Participating Washington County Agencies
Agency #of Officers Base Pkg.
Beaverton Police Department 110 131065
Cornelius Police Department 14 1,663
Gaston Police Department 1 119
Hillsboro Police Department 77 9,145 '
King City Police Department. 61 713
North Plains Police Department 3 356
Sherwood Police Department 15 1,782
Tigard Police Department 55, 6,532
Tualatin .Police Department 29 3,444
Washington Co.Sheriffs Office 292 34,681
Total 602 71,500
(Cost per agency is determined by:total cost-divided by total number of officers=$118.77 per officer
-multiplied by number of officers per agency.)
ATTACHMENT B-SHARED USE OF SIMULATOR
1. Scope; Shared Tasks. In accordance with the terms of this Agreement, the parties agree to
jointly share the cost of an Electronic Industries USA Inc. Range 2000 firearms simulator
("Simulator")purchased by Washington,County. The cost of this initial system and the cost of
shared ongoing maintenance and updates will be paid pro-rata by the parties according to the
number of individuals within each jurisdiction who will use the Simulator.
2. Placement and Maintenance of Simulator. Washington County agrees to provide and
maintain a suitable location to store the Simulator. Washington County shall also arrange for
periodic maintenance according to the Simulator specifications. The Simulator may be transported
to other jurisdictions-based upon a schedule set by the User Group.
3. User Group. There shall be a Simulator User Group:which shall consist of one representative
from each participating jurisdiction("User Group')who shall prepare a Procedures Manual and
schedule for use of the Simulator. The User Group shall also update the number of individuals from
each party who shall have access to and use of the Simulator. Upon recommendation of the User
Group,any change or adjustment to the pro rata share of any party(s) shall,be issued by Washington
County as an addendum to the Agreement. The addendum, once issued to all parties, shall .
automatically become effective fifteen days after issuance unless a party objects; in which case,the
matter shall be referred back to the.User Group for review.
The User Group shall meet at'least once per year and all actions taken at meetings shall require a
simple majority of the representatives'attending the meeting. At its first meeting, the User Group
shall elect a chairperson,to serve a one-year term,who shall devise the agenda for each meeting and
who shall interpret and enforce the Procedures Manual for use of the Simulator. Any disagreements
that cannot be resolved by the User Group shall be referred to the Law Enforcement Council for a
decision.
The Procedures Manual shall contain operational, maintenance, use and access procedures for
participant responsibilities in a format that may change as the parties' needs change overtime. The
Procedures Manual may be amended at any meeting of the User Group by a two-thirds vote of
parties present provided that all existing parties have at least two weeks prior notice of the proposed
amendment. The.Procedures Manual shall be reviewed at least annually during a regular User
Group meeting for any changes deemed necessary or desirable.
4. Budget and Cost Share. The original parties shall share the costs of initial purchase of the
Simulator. Each party's share shall be pro-rata to the number of individuals from each party who
shall have access to the Simulator for training purposes. Following the initial purchase, each party
will pay a share of the costs to maintain and update the components of the Simulator in the same
proportion as for the initial costs of installation but adjusted to reflect the participation of any new
parties or additional individuals from existing parties to this Agreement. The initial pro-rata share.
calculation and associated cost for each party shall be set forth in Attachment A. The pro-rata share
shall be updated at least annually.
Page 1 of 3—Simulator IGA—Attachment B
Any decision of the Uoer'Groupl regarding the financial commitments of the parties to this
Agreement shall constitute a recommendation to each party's department head; or applicable elected
official. Washington County shall'process the User Group recommendation as an amendment to
this Agreement.
5. Financial Management. Washington County,will invoice parties in accordance with the terms
of this Agreement for initial and ongoing costs. Washington County will hold in trust for the
benefit of all parties, all funds payable by the parties for any and all of the goods and services to be
purchased from third parties according to this Agreement and shall pay invoices from those vendors.
Washington County shall follow generally accepted accounting principles and current government
accounting and financial reporting rules in managing those funds. Washington County shall have no
independent authority to adjust the terms of contracts with such vendors or adjust the price or rates
payable to those vendors for goods and services without express prior approval of all parties.
Washington County shall provide the parties an annual summary of account activity.
On dissolution of this Agreement, Washington County shall cause the then-existing hardware and
software to be sold and shall distribute the proceeds of sale(and the balance of any unexpended and
unencumbered funds held by Washington County under this.Agreement)to the parties according to
each party's ownership interest in same.
6. Security and Insurance. All parties agree to enforce the Procedures Manual for controlling
access to the Simulator by each party's employees and for controlling.use of the Simulator.
Washington County shall•provide insurance coverage for loss or damage to the Simulator. Any
increase in cost of Washington County's policy by the addition of the Simulator shall be added as a
shared cost in accordance with the terms of this Agreement. Any damage caused that.is not covered
by the insurance policy and/or any deductible under the policy shall be borne by the party who
caused the damage or loss. If no identifiable party can be determined, the cost of the uninsured
damage, loss,or deductible shall be added as a shared cost in accordance with the terms of this
Agreement. The User Group shall resolve any dispute.
7. Additional Parties. Additional parties to this Agreement are limited to those entities defined as
"units of local government"in ORS Chapter 190. Additional parties may join this Agreement only
by approval by majority vote of the User Group. A new party shall pay a fee that reflects a pro-rata
share of the initial cost of the Simulator proportional,to the number of individuals who shall have
access to the Simulator. The User Group will vote to determine whether fees paid by the new party
are to be distributed-to existing members on a pro rata basis, or paid'into a common fund to be
applied to future system upgrades and other purchases and system maintenance. Additional parties
thereafter shall share in costs of continuing maintenance(for those system components for
which maintenance costs are shared) in the same proportion.
8. Ownership; Termination; Dissolution. Each party shall have a partial, undivided, common
interest in all Simulator hardware and software purchased for common use from and after the date
Page 2 of 3 —Simulator IGA—Attachment B
this Agreement-is executed, and in all unexpended and unencumbered funds held by Washington
County for;the parties'joint use, in the sameproportion as the party paid for initial purchase and for
maintenance and continuing costs of the Simulator. If a party,terminates its interest in-this
agreement,that party shall`not be:entitled to any refund of amounts.already,paid by that_party
whether or not any portion of the amount paid remains unencumbered or unexpended. On
termination, a party's further financial obligations,under this.agreement shall cease but the party
shall forfeit any and all legal and equitable claims it may have to any goods or.services,purchased
(or held for future such purchases) for use by the parties to this Agreement: On dissolution,,the
parties existing at the time of dissolution shall be entitled to a share of the proceeds of sale of the
then-existing hardware and software and to a share of any unexpended and unencumbered funds
held for use'for this Agreement in the same proportion as its ownership share.
Page 3 of 3 Simulator IGA—Attachment B
WASHINGTON COUNTYSHERIFF'S OFFICE
November 17, 1999
RE: RANGE 2000 SHOOTING SIMULATOR IGA
Dear Chief:
After months of review and modification, I am pleased to share with you the
intergovernmental agreement for the shared.use of the Range 2000.shooting simulator.
Please review and sign all three signature pages, and return two of them to me at the Sheriff's
Office. Once received, our County Counsel will send back to you a photocopy of the IGA
agreement, including signature pages from all jurisdictions.
Your recommendations for change and/or modifications have been very helpful in completing
this agreement. If you have any questions, feel free to contact me at 846-2664.
Best regards,
David Hepp, Commander
Washington County Sheriffs Office
Enclosure
Jim Spinden, Sher'
215 SW Adams Avenue, MS #32
Hillsboro, Oregon 97123-3874
phone:;(603)846-2700 • fax: (503)846'-2719
Washington Co*un"tly
Sheril"W's Office
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INTERGOVERNMENTAL AGREEMENT
SHARED USE OF SHOOTING SIMULATOR