Resolution No. 93-48 CITY OF TIGARD, OREGON
RESOLUTION NO. 93- 1-4 g
A RESOLUTION AUTHCRIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL
AGREEMENT FOR MUTUAL AID AMONG LAW ENFORCEMENT AGENCIES LOCATED IN
WASHINGTON COUNTY.
WHEREAS, the City desires to establish an accepted means to coordinate
the efficient and effective delivery of mutual aid among the law
enforcnmert agencies of Washington County; and
WHEREAS, the City desires tb provide mutual aid to other law enforcement
agencies at a reasonable cost by eliminating duplication where feasible
and making the most efficient and effective use of its r...co-ar..as;
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The mayor or his designee is hereby authorized to enter
into the agreement attached hereto and marked as Exhibit
A. The Mayor or his dosignea further authorized to
enter into memoranda of understanding relating to the
provision of mutual aid among law enforcement agencies so
long as the terms of any such memorandum of understanding
are consistent with the terms of the attached agreement
and all of the parties to the understanding are other
units of local government: that have agreed to be bound by
the terms of the attached acreement.
PASSED: This ±t' day of 1993.
r
City of T'gard
Oriel CiL�.ile.QJ�R.�.l*'
ATTEST:
City Recorder - C=t:� of Tigard
RESOLUTION NO. 93-L-1K
Page 1
Intergovernmental Agreement for Mutual Aid
AmVe;g T.o�v Ti'nf�i.�emn�t A n�iwe 7
din
Washington County, Oregon
THIS INTERGOVERNBYENTAL AGREEMENT is made and entered into by
and among the undersigned units of local government located in
Washington County, Oregon.
WHEREAS, The parties desire to establish an accepted means to
coordinate the efficient and effective delivery of mutual aid
between and among their law enforcement agencies, and;
WHEREAS, the parties desire to provide mutual aid to one
another at a reasonable cost by 0i_mnatinq duplication where
feasible and making the most efficient and effective use of their
resources;
NOW, THEREFORE, under authority of Chapter 190, Oregon Revised
Statutes, the parties agree as follows:
1. DEFINITIONS
The following definitions shall be used in construing the
following terms used in this agreement.
A. Mutual Aid: The provision of additional personnel,
a equipment or expertise by one law enforcement agency for
the primary benefit of another law enforcement agency.
The term includes, but is not limited to, the provision
of additional personnel, ecpuipment or expertise by one
law enforcement agency to another law enforcement agency
in relation to major crimes investigation and/or the
enforcement of narcotics laws as provided in any
memorandum of understanding agreed to by the undersigned
participating agencies, so long as the terms of the
memorandum of understanding are consistent with the terms
of this agreement.
B. Police Officer: A sworn member of a law enforcement
agency, not intended to include civilian members of an
agency, reserve officers, cadets, record clerks or
similar individuals.
2. AUTHORITY TO REQUEST, GRANT, REFUSE OR TERMINATE AID
Every police officer of every law enforcement agency
participating in this agreement has the authority to request
mutual aid, to grant or refuse a request for mutual aid, and
to terminate the provision of mutual aid once granted.
An agency may have internal procedures or regulations that
control the exercise of the authority granted by this section
so long as the procedures or regulations do not unduly hinder
the ability of an agency to make or respond to a request for
mutual aid.
3. PROCEDURE TO REQUEST, GRANT, REFUSE OR TERMINATE AID
A police officer of the requesting agency who has authority to
request mutual aid must make the request for mutual aid to a
police officer of the responding agency who has authority to
grant a request for mutual aid.
The responding agency may grant or deny, in whole or in part,
the request to supply aid to the requesting agency.
A police Officer of the recruesting agency may relieve all am-
part
rpart of the personnel or equipment of the responding agency
from mutual aid duty if, in the opinion of the officer of the
requesting agency, the personnel or equipment is no longer
needed in the requesting agency's jurisdiction,.
A police officer of the responding agency may recall all ar
part of the personnel or equipment of the responding agency
if, in the opinion of the officer of the responding agency,
the personnel or equipment is needed in the responding
agency's jurisdiction.
4. CONTROL AND DIRECTION OF PERSONNEL AND EQUIPMENT
Once the responding agency decides to supply aid to a
requesting agency, and the aid is delivered to the requesting
agency in that the aid is physically present within the
requesting agency's jurisdictional boundaries, the requesting
agency is fully responsible for the supio_. and con rol o
eif
the aid provided. This responsibility shall^continue until
the requesting agency terminates its inquest for aid or until
the responding agency recalls the aid to the responding
agency.
5. LIABILITY AND INDEMNITY
A responding agency's refusal to provide mutual aid to a
requesting agency, or a responding agency's recall of mutual
aid already provided to a requesting agency, shall not be a
basis upon which the requesting agency may impose liability
for damages upon the responding agency.
Each agency shall remain responsible for the acts or omissions
of its respective employees, notwithstanding that the employee
acted under the supervision and control of the requesting
agency.
Each agency shall remain responsible for the ordinary wear and
tear and routine maintenance of its respective equipment,
notwithstanding that the equipment is used under the
Mutual Aid Agreement - Page 2
supervision and control of the requesting agency.
1
Each responding agency sha31 remain solely responsible for
workers compensation claims by its employees, notwithstanding
that the injury complained of occurs while under the
supervision and control of the requesting agency.
Except as otherwise provided in this agreement, the parties
shall indemnify each other, if applicable, under common law
indemnity principles. A party seeking indemnification under
this provision must give reasonable notice of a claim and
tender control over such claim to the purported indemnitor.
If the purported indemnitor accepts the tender of defense, the
indemnitee must fully cooperate in the defense of the claim at
the expense of the indemnitor.
6. FINANCE, COSTS, AND ACCOUNTING
Each responding agency shall pay all wages and benefits due
any of its personnel, including overtime pay, worker's
compensation benefits and death benefits, as if those
employees were on duty working directly for the agency by
which he or she is employed.
Each responding agency shall pay for the ordinary wear and
tear and routine maintenance of its equipment. Additionally,
each responding agency shall pay for the repair or replacement
of it own property if the property is damaged by the sole
{ fault of an employee of the responding agency.
i
Expenses incurred in the nature of travel, meals, and lodging
and other expenses not otherwise specifically mentioned here
shall be paid by one or more of the participating agencies in
a manner determined on a case-by-case basis.
7. COMMENCEMENT AND DURATION OF AGREEMENT
This agreement shall take effect when it has been signed by
more than one of the parties to it. The agreement shall
continue indefinitely, until amended or terminated.
S. ADDITIONAL PARTIES
Any Washington County-area law enforcement agency not a party
to this agreement when it first becomes effective may become
a party to it by signing- the agreement after being authorized
to do so by resolution of its governing body. Upon the
signing of the agreement by the additional party, the
agreement shall become binding among all the parties that have
signed the agreement.
g. TERMINATION, SUSPENSION OR WITHDRAWAL FROM AGREEMENT
Upon mutual consent of all the parties, this agreement may be
amended or terminated at any time.
Mutual Aid Agreement - Page 3
win
AWANE
ny party may withdraw from this agreement upon giving written
notice to the other participating agencies, provided that such
notice shall not be given while the agency seeking to withdraw
is actively receiving aid from any other participating agency.
upon an agency's withdrawal from this agreement, the agreement
shall remain in effect as among the remaining parties.
10. WAIVER
The failure of any party to enforce a provision of this
agreement shall not constitute a waiver by it of that or any
other provision.
11. CAPTIONS
Captions and readings used in this agreement are inserted for
convenience of reference only and are not intended to affect
the interpretation or construction of the agreement.
12. PARTIAL INVALIDITY
Whenever possible, each provision of this agreement shall be
interpreted in such a way as to be effective and valid under
applicable law. If any provision of this agreement is
adjudged invalid, such adjudication shall not affect the
remainder of such provision or the remaining provisions of
this agreement, if s--.:h remainder would then continue to
conform with the terms and requirements of applicable law and
the intent of this agreement.
1.3. AMEMMMENTS
This agreement may be amended only by a written instrument
executed by all of the parties to it.
14. SIGI ATORIES' AUTHORITY TO ENTER INTO AGREEMENT
Every person signing this agreement hereby represents to all
the others that they are duly authorized by their unit of
local government to enter into the agreement.
IN WITNESS WHEREOF, the parties by the signatures of their
authorized representatives have executed this agreement effective
on the date shown below each signature.
city of Beaverton City of Cornelius
By: By,
Printed Name• Printed Name•
Title: Title•
j Date• Date:
Mutual Aid Agreement - Page 4
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F
Cit} of Forest Grove City o:c North Plana
By: By:
Printed Name: Printed Name:
Title: Title:
Date: Date:
i
City of Gaston City of Sherwood }
By: By:
i
Printed Name: Printed Name:
Title: Title:
Date: Date:
Cit* of Hi z lsboro City of Ti and
By: By:
Printed Name: Prind Name: Johr,Sc,hWet
Title: Title:�u�inCi� �lR�s c1cn�
Date: Date: 9�d8�93
city of Kine Citv City of Tualatin
By: BY:
Printed Name: Printed Name:
Title: Title
Date: Date:
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_ Mutual Aid Agreement - Page S
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Washimton County
By:
Printed Name:
Title:-
Dal--e:
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Mutual Aid Agreement - Page 6