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Mutual Interlocal Law Enforcement Assistance - MASTER INTERLOCAL MUTUAL LAW ENFORCEMENT ASSISTANCE AGREEMENT THIS MASTER MUTUAL LAW ENFORCEMENT ASSISTANCE AGREEMENT ("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, ORS 402.010 provides that the state, counties, and cities may, in collaboration with public and private agencies, enter into cooperative assistance agreements for reciprocal emergency aid and resources; and 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; and WHEREAS, ORS 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; and 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; and 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; and WHEREAS, RCW 10.93.070(2)provides, inter alia, 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 Mutual Law Enforcement Agreement Page 1 of 17 WHEREAS,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 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 limited to fleet management, internal affairs, records management, and the like. B) 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. C) Delegee means the ranking on-duty supervisor or other designated employee empowered by his/her Chief Law Enforcement Officer to act under this Intergovernmental Agreement. D) Emergency Assistance means mutual aid provided by the parties in a Major Event under the statutory authority of the parties but without a preexisting mutual aid agreement between the affected parties. E) Employing Agency means 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) Fresh Pursuit, for purposes of this Agreement, means pursuit as defined in ORS 133.420 and RCW 10.89.050, as now enacted or hereafter amended, and in addition includes pursuit without unreasonable delay,pursuit as defined by the common law, and also the pursuit of a person who has committed a felony or who reasonably is suspected of having committed a felony or a violation of such other state relating to driving while intoxicated, driving under the influence of drugs or alcohol, driving while impaired, or reckless driving, whether or not the same has actually been committed, if there is reasonable ground for believing that the same has been committed. Fresh Pursuit includes taking the fleeing suspect into custody once officers have apprehended the suspect. G) Incident Commander means the authorized representative of the agency with Primary Geographic or Territorial Jurisdiction in which a Major Event has occurred or is occurring. Mutual Law Enforcement Agreement Page 2 of 17 H) Law Enforcement Agency means any"law enforcement unit"as defined in ORS 181.610(12)and any"General Authority Washington Law Enforcement Agency" as defined in RCW 10.93.020(1), as now enacted or hereafter amended. I) Maior Event means any crime or crimes,natural disaster, extreme civil disorder, or similar event, actual or anticipated,which caused or has the potential to cause injury, death, substantial property damage that has or may exceed the capacity of the requesting party to adequately respond or requires management to avoid substantial disorder. J) Non-Emergency Assistance means mutual aid provided by the parties in any circumstance, including a Major Event that is governed by a preexisting mutual aid agreement between the affected parties. K) Personnel means uniformed, investigative, or support service personnel of any Law Enforcement Agency which is a party to this agreement. L) 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 full-time, 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. M) 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. N) Public Agency means those entities defined in ORS 190.410 and RCW 39.34.020, as now enacted or hereafter amended. O) Special Law Enforcement Unit means specialized investigative or enforcement units, and includes: detective units or divisions; explosives and ordinance 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. Mutual Law Enforcement Agreement Page 3 of 17 P) Technology means equipment and supplies used in the location, identification and preservation of physical evidence. Q) Technical Expertise means the knowledge,skills and abilities possessed by Personnel in investigative techniques and Technology use. R) 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. Purposes and Agreements: A) Make Mutual Aid Available for Maior Events. Each party expresses its intent to aid and assist the other parties by assigning resources, equipment, supplies and Personnel as needed and as circumstances permit upon the request of a party affected by an actual or anticipated Major Event. i) Contribution of Aid Upon Request. A party receiving a request shall provide aid to its fullest ability without compromising its ability to maintain an adequate level of service in its own jurisdiction. The parties do not intend to create an enforceable obligation to assist, and the decision of a party as to its ability to contribute aid shall be final. ii) Requests for Aid. To seek aid under this Agreement, the Chief Law Enforcement Officer, Emergency Manager or Delegee of a party should direct a request to the Chief Law Enforcement Officer, Emergency Manager or Delegee, of another party. In signing this Agreement, each party represents that it authorizes its Chief Law Enforcement Officer, Emergency Manager or Delegee to request aid from other parties under the terms of this Agreement. iii) Chain of Command and Authority During Mutual Aid Efforts in Maior Events. Except as provided for special units in Section 2.A(iv)(c), below,parties responding to a request for aid will commit contributed Personnel, equipment, resources and supplies to the command and control of the requesting party. iv) Supervision and Control over Assisting Personnel During Major Events. a) Incident Commander. The Incident Commander assigned by a jurisdiction to manage a Major Event shall be in charge of,and provide direction to, all outside agency Personnel that respond to help manage the event. When multiple jurisdictions require aid, they shall designate an overall Incident Commander as soon as practical. Mutual Law Enforcement Agreement Page 4 of 17 b) Maior Event Operations in Participating Jurisdictions. When assistance is needed at multiple locations or in more than one jurisdiction, a Major Event Incident Commander or Delegee coordinating a response under this Agreement may dispatch mutual aid responders to various locations and tasks. An Incident Commander may dispatch responders to locations and tasks in any participating jurisdiction,whether the jurisdiction has requested aid or not to the extent reasonably necessary to manage the Major Event. When an Incident Commander dispatches Personnel to a jurisdiction that has not requested or contributed aid,the Incident Commander shall promptly give notice to the jurisdiction, and the jurisdiction will assign an official to be in charge of the responding Personnel and follow the direction of the Incident Commander. C) Special Law Enforcement Units. Special Law Enforcement Units will maintain their unit integrity when deployed as a unit to provide mutual aid and will be responsible to an Incident Commander from their agency. The specialty unit's Incident Commander will coordinate the unit's actions with the overall Incident Commander to achieve the desired results,but shall retain full authority to assign, deploy, and initiate action by the unit, and may withdraw the unit or request that Personnel from other parties avoid or discontinue activities if the commander determines the activities will compromise or hinder the effective performance of the unit. V) Responders are Agents of Reuuestors. It is the intent of the Parties that the officers, employees and volunteers of a responding government are deemed to be"agents" of the requesting government(s), as the term "agents"is used in ORS 30.260 to 30.300,while providing aid or assistance to the requesting government(s)pursuant to this Agreement, and that such assistance is a governmental function. A) Indemnification and Defense of Maior Event Responders. Parties that request aid in managing a Major Event agree to defend and indemnify a responding party, and its officers, employees, and volunteers, while acting within the course and scope of their duties in support of the requestor, against any claims brought or actions filed against the responder, or any officer, employee, or volunteer of the responder, for injury to, death of, or damage to the property of any third person or persons, or claims or actions alleging liability for damages to any third person or persons pursuant to 42 USC Section 1983, provided such claims or demands arise out of actual or alleged acts or omissions in the course of providing aid or assistance to the requestor pursuant to this agreement. Nothing herein is intended to prohibit the indemnifying party from exercising any and all applicable defenses available to the responding party and its officers, employees, and volunteers, including but not limited to the limits in the Oregon Tort Mutual Law Enforcement Agreement Page 5 of 17 Claims Act(ORS 30.260-300) in defense of a claim or lawsuit brought by a third party. This Agreement to defend and indemnify does not apply if after investigation it is determined that the claim or demand does not arise out of an alleged act or omission occurring in the performance of duty for the requestor, or that the act or omission complained of amounted to malfeasance in office or willful or wanton neglect of duty. vii) 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. viii) 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 Section 5,below, and/or all other parties who are or may be affected by such notice of claim, suit or action. ix) Liability for Failure to Respond. No party signing this Agreement nor any officer of any Party shall be liable to any other Party or to any other person for failure of any party to furnish assistance to any other party, or for recalling assistance, both as described in this Agreement. B) Allow and Manage Cross-Jurisdiction Activities. i) The parties agree that the Police Officers of any party may,without restriction or limitation, exercise any authority that the Police Officer's commission vests in the Police Officer throughout the Primary Geographic or Territorial Jurisdiction of any other party, PROVIDED, that such Police Officer: (1)provide notice of their presence and activities to the party with Primary Geographic or Territorial Jurisdiction by contact with its authorized representative either in person or by telephone; (2) immediately report any arrest, search, seizure or use of force that results from the exercise of this authority in person to an authorized representative; and (3)abide by any other restrictions agreed to by the parties in any other agreement such as the Portland Metropolitan Area Law Enforcement Mobilization Plan. ii) Police Officers who exercise or enjoy authority under this Agreement without prior delegation of direct supervision to another party shall be under the command and control of their Employing Agency. Mutual Law Enforcement Agreement Page 6 of 17 C) Allow Participating Parties to Commission Qualified Patrol or Specialized Unit Personnel of Other Parties to Enforce Applicable Traffic and Criminal Laws and Perform Governmental Functions in the Commissioning Party's Area of Jurisdiction. i) The participants expect each other, and intend, to support regional law enforcement efforts by cross-commissioning or specially commissioning each other's full time, fully-compensated Peace or Police Officers who: a) Are assigned to Special Law Enforcement Units, as defined in Section 1.0, or are assigned to patrol units and engaged in Fresh Pursuit,as defined in Section l.F; b) Are eligible for cross-commissioning or special commissioning under applicable laws; C) Meet or exceed all training and education standards or requirements of the Oregon Department of Public Safety Standards and Training or the Washington Criminal Justice Training Commission; and d) Are in good standing with their Employing Agency. ii) Responsibility of Cross-Commissioned or Specially-Commissioned Officers. Officers who are cross-commissioned or specially commissioned under this agreement shall: a) Abide by any limitations or satisfy any additional training requirements of the commissioning party; b) Abide by all state, federal and local law applicable to the commissioning party; C) Exercise law enforcement powers under their commissions and on behalf of the commissioning party only when on duty with their Employing Agency and not when off duty or privately employed; d) In the case of patrol units, exercise law enforcement powers under their commissions and on behalf of the commissioning party only when engaged in Fresh Pursuit as defined in Section LF; e) In the case of special units,report their presence in the commissioning jurisdiction, in person or by radio or by telephone, to the authorized representative of the commissioning party when exercising, or when reasonably likely to exercise, authority under the commission; and Mutual Law Enforcement Agreement Page 7 of 17 f) For all commissioned officers, immediately report any arrest, search, seizure or use of force that results from the exercise of the commission in person to an authorized representative of the commissioning party. D) Allow Exercise of Authority by Consent—Washington Parties. i) Each Washington sheriff or chief who signs this Agreement hereby consents, for the duration of the term or tenure of each sheriff or chief, and as required by Ch. 10.93 RCW, to the exercise of authority in the sheriff s or chiefs jurisdiction by qualified General Authority Washington Peace Officers employed by signatories to this Agreement. ii) General Authority Washington Peace Officers exercising authority by consent within the jurisdiction of another Washington Law Enforcement Agency shall be deemed to be under the command and control of their Employing Agency. E) Encourage Subsequent Mutual Law Enforcement Assistance Agreements Calling for Specific Combined Operations whenever Tactically and Fiscally Practical and Efficient. i) 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 may 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 S`day of each following January thereafter unless terminated in accordance with the provisions of Section 13, below,PROVIDED, that the consent to the exercise of authority, given in accordance with Section 2.1) 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. Any Law Enforcement Agency within such counties may participate by filing an executed copy of this Agreement with the administrator designated pursuant to Section 5 below. 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 Mutual Law Enforcement Agreement Page 8 of 17 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 must 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. 6. Financial Administration. A) The methodology for determining the fair costs of Non-Major Event 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. B) Unless otherwise agreed to by the parties, each party providing aid upon request in a Major Event shall bear its own expenses incurred during performance under this Agreement. Q Disputes regarding expenses shall be resolved pursuant to the procedures set forth in ORS 402.230. 7. Personnel. No transfer of any Personnel between the parties is provided for by this Agreement. Each party to this Agreement shall continue to provide its own Personnel who may be 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 Tor by this Agreement. 9. 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. 10. Liability and Indemnification. Except for indemnification and defense of claims arising from the provision of mutual aid during a Major Event, which is governed by Mutual Law Enforcement Agreement Page 9 of 17 Sections 2(A)(v)—(vii)of this Agreement, or as otherwise specifically agreed, 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: A) The duty to defend and indemnify under this section shall not apply to any workers' compensation claim brought against the Employing Agency by or on behalf of any officer, employee, agent, or volunteer of the Employing Agency. B) The indemnification provided herein shall include all costs of defending any suit, including attorney fees. 11. Reporting. Any exercise of investigative authority under this Agreement must meet the notification requirements set forth in Section 2, as well as the reporting 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. 12. 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. 13. Termination. Any party herein shall have the right to terminate its participation in 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 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. 14. 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 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) Mutual Law Enforcement Agreement Page 10 of 17 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. 15. Assignment/Subcontracting. No party to this agreement shall transfer or assign, in whole or in part, any right or obligation created under this Agreement. 16. 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. 17. 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 or any other discrimination prohibited by federal, Oregon or Washington law. 18. 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. 19. 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. 20. Incorporation/Ratification 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 forth in this Agreement. As between the affected parties, such agreements remain in full force and effect. 21. Priority of Documents and Construction. A) Pre-existing Agreements. Subject to Section 23,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 Mutual Law Enforcement Agreement Page 11 of 17 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 Section 23,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 which 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. 22. 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. 23. 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 formally approved and executed by all of the parties hereto. 24. 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. 25. 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. EXECUTED on the day and year first written below. The parties acknowledge that this Agreement has been approved by their respective legislative bodies in accordance with appropriate laws and that the person executing this Agreement has authority to bind their government to the terms of this Agreement. ***SIGNATURE BLOCKS*** Mutual Law Enforcement Agreement Page 12 of 17 EXHIBIT A FINANCE AND ADMINISTRATION PROVISIONS For purposes of this Master Interlocal Mutual Law 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: 1. 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 Interlocal 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 be 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. Mutual Law Enforcement Agreement—Exhibit A Page 13 of 17 ii) Equipment Costs. Equipment costs shall include all Contractors' 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 A-87. 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 (5)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. I) Reconciliation of Contracted (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 Contractor's 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 Contractor's budget, the Government shall Mutual Law Enforcement Agreement—Exhibit A Page 14 of 17 receive a monetary rebate for the cost of services within thirty(30)days subsequent to the reconciliation date, or at the Government's option, a credit for the cost of the subsequent year services. n 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 Contractor's actual costs. J) 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. K-) 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. Mutual Law Enforcement Agreement—Exhibit A Page 15 of 17 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 thirty(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 (I 5th) day of the month and payments by the Government shall be due within thirty(30)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. 6. 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. Mutual Law Enforcement Agreement—Exhibit A Page 16 of 17 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 bona fide sales have been consummated for assets of like type, quality, and quantity in the Portland 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. u) 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. Mutual Law Enforcement Agreement—Exhibit A Page 17 of 17 i ff s 3436 - CITY 1� � 1�� P��B; a of 32 varrcouveR 1A 39 o earea� IA a9 eo Ctmrk Coountt�y,rWjq j MASTER INTERLOCAL MUTUAL j LAW EN)t URCEMENT ASSISTANCE AGREEMENT THIS MASTER MUTUAL LAW ENFORCEMEDIT..ASSISTANCE AGREEMENT ° C`MASTER AGREEMMM is entered into by and between the undersigned parties for the. purpose of securing to each the benefits bf'mutual law enforcemeut assistance within their respective territorial jurisdictions,to expirss.the consent of each party to the enforcement within their territorial jarisdietion by otherparties of applicable traffic and criminal laws,and,in certain cases,to designate certain personnel of otherparties who are assigned to special l4'w enforcement units as special deputies. WMREAS,Oregon Revised Statutes{ORS}Chapter 190 and ORS 10.110 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 ghd activities that a party to the agreement has the authority to pexfmm;and WHERBAS, 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 I Jointly with any public agency in another state to the extent that the laws of the other state permit such exercise or enjoyment; WBERF-AS,ORS 190.472 provides that certain Washington any authority that the officer's commission vests in the officer pothroughout the territorial boundaries of Oregon if the officer is acting pursuant to a mutual law enforcement assistanoc agreement between law enforcement agencies of The respective states; VMR7?AS,Revised Code of Washington made��� (RCW) Chapter 3934 and RCW 39.34..030 P y 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 d or enjoyment; rat the laws of'such state permit such joint exercise VnMREAS,RCW 10.93.130 provides that Washin pursuan#to the 8 law enforcement agencies may, , Oregon or its political subdivisions t�vide mutual Iaw enforcement assistan,contract with any law�agency of WEEREAS,RCW 10.93.070(2)provides,inter aria,that a general authority Washington peace officer may enforce traffic and-criminal laws throughout the territorial bounds of Washington upon the prier written consent of the sheriff or chief of police in whose primary territorial jurisdiction the exercise of'the powers occurs;and WRERBAS,PCW 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 Bafatcement Assistance Agreement;and MAMRTN,CMOCALMUIUAL LAW McORCEMENTA=TANCE AGREE b ENr-r of 30 f I _ 111111111211111111103/05/2092 34.34632Paga: 3 of 32 00Clark CITY of VANeOUVEa IA 39 Es Clark Cauntr,1fdp27A f WIGS,the parties to this Agreement desire to take full advantage of the provisions cited herein, NOW,THEREFORE,THE PARTIES AGM AS FOLLOWS. 1. efinitions. a) Administrative and Support Units mean those nni s 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 likes b). Authorized re resentative means the ranking on-duty supervisor empowered by hisiher chief law enforcement officer to act under this intergovernmental agreement. c) Chef law enforcement officer includes the sheriff or director of public safety of a county,tho chief of police of a city or town,and chief officers I of any other law buforcement agency which i5 a party to this agteemelit. d) Emergency Assistance means mutu?l 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) Employe!¢ agenev 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 orhereafter•amended. f) EERgh'pursuit fbr purposes of this agreement,means pursuit as defined in ORS 133.420 and RCW 20.84.050,as now enacted or hereaf3er amended, and in addition includes pursuit without unreasonable delay,pursuit as defined by the common law, and also the pursuit of a person who has committed a felony o;who reasonably is suspected of having committed a felony ar- a violation of such other state relating to driving while intoxicated,driving under the influence•of drugs or alcohol,driving while impaired,or reckless driving,whether or not the same has actually been committed, if there is reasonable ground for believing that the same has been committed. Fresh pursuit includes talcing the fleeing suspect into custody once officers have apprehended the suspect g) Incident commander means the authorized representative of the agency with primary geographic or territorial jurisdiction in which a major incident has occurred or is ocouning_ MASTER IMERLOCAL MUMAL LAW EMRCEh ENTASSISTANCEAGREENCBNT•2 of3Q i i 88/803/2002 18:27A CI7Y OF VWMUVER rA 30 Oa Clark County, A E h} Law Enforcement Agency means any"law enfproement unit"as defined in ORS 181.510(13) and any °'general authority Washington lave enforcement agency"as defined in RCW 10.93.020(1),as now enacted or herea#la ameuded. i i} Maier iaeident means any crime or crimes, a natural disaster, extreme civil disorder,or similar event causing or having potential to cause injury, i death,orsub staafiai property damage. j) Non-Emergency Assistance means mutual aid provided by the parties in any circumstance, including a major incident, that is governed by a preexistingiiiutual aid agreement between the affected parties. k) Personnel means uuif'omnd,investigative,or support service personnel of MY Iaw enforcement agency which is a.party to this agreement, l) Police Officer Peace Officer. General Authority Washington Peace Officer,or Specially Commissioned Washington Naga Officer means a full-time,frilly compensated police officer commissioned by the States of Oregon or Washington or any full-time,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 1093..420(3), and ACW 10.93.020(5), as now enacted orherea#ter amended, m) rdmary Geographic or Ter7dtorlal 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 of other public agency or unit 6f lodaf 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. A) Pullilc agency means those entities defined in ORS 190.410 and.RCW 4 39.34.020,asnow enacted orhereafler amended. o} Special law enfarcem nt 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-agenoy 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 maim®patrol units MA9=INrIPZM AL MMUAL LAW DMORC&MENTASSISTANCE AGREEMSNr-3 of30 I 3 — I I 3434632 CITY of Page: 5 of 31 10:27A VANCOWER IR 3111111111111111183/03/200239 80 Clark county, WA3 1 p) ' Teehnolonv means equipment and supplies used in the location, "� ! identification andpiwervation ofphysical evidence. q) Technical esnertise means the inowledge, skills and abilities possessed by personnel in investigative techniques and technology use, r) Unit of Ioca1 government means those public agencies defined.in RCW 39-34.020 and ORS 190.003 and as employed in RCW Chapter 3934 and in ORS 190.003 to 190125,as now enacted or hereafter amended. 2. Purpose and Prutetion. The purpose of this agreement is: (1) To provide for I 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 f commission personnel in each party's specislized law enforcement units to 1 enforce applicable traffic and criminal laws within the,primary or geographic territory of other parties; and (4) To encourage subsequent mutual law enforcement assistance agreements calling for specific combined operations whenever tactically and fiscallypractieal and efficient , a) Major Incidents. In the event of a major incident, a chief law jenforcement officer,or his or her authorized representative,is empowered to request assistance without advance notice from another or all other units of government and Iaw enfDrcement 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 assistimce. {i) Reoueats 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 represarrtative of the agency from whom aid is requested as to what personnel, equipment and vehicles are available for response shall be final, 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 mgjor incident. Further,the responding agency sball be MMTBR WERLOCAL MUTUALLAW HNTORCMIAEN T ASMSTANC$AGRMMU-4 of 30 y ' i 463 rwil I pada: 0 of 31 ar7Y aF v C 03/0S/2 RP! OUVEp rA 002 r0:27R 39 ee Clark C wlty, lei 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. Cell) Expenses. Expenses incumA 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 i routine capital costs and expenses. (b)Subsistence 1Sxpews means the reasonable cost Df'meals and lodging,if not provided in land. (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 bonze by each party. In the case of a major incident,extraordinary costa,including i reasonable subsistcaee 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 sola pmperty of the party that provided the property,equipment,or improvem�ts. (d)Expenses incurred in connection with non-emergency assistance provided tln-ough subsegntnt mutual aid agreements or amended agreements shall be governed by the provisions for Financial Administration set forth in paragraph 6,below. b) Investigative Activltles. In addition to assistance provided in major incidents,the personnel of any party may,without restriction oz-lknitation, 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. o) Exercise of Authority by Consent Parties comprising Washington law enforcement agencies, in accordance with RCW 1093970(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 MASH 1tsrslu gCAL MVIUAL LAW ENFORCEMENT ASSMTANCB AGREEMEM-5 af30 f i Page: 7 of 31 3434632 CITY DR VAMUYER IA 39 00 Clark County. WA j i Identified in Appendix A hereto, within their primary territorial jurisdiction for the duration of'thei term or tenure of each sheriff or chief: d) Commissioning and Cross-Commissionlug of Patrol and Special Law EnfozrementUnits. The parties agrep to cross-commission or spedatly commission each other's full time, fully compensated peace or poke officels who (i)(a) ase assigned to special law enforcement units, as defined in paragraph I(o)or(b)are assigned to patrol units and engaged in freah purscit, as dofned in paragraph 1(f), CH); are eligible for cittss- commissioning ai special commibsioning under applicable laws;(iir)meet or exceed all training and education standards or requirements of the Oregon Department of public Safety Standards and Training or the Washington Criminal Justice Training Commission; and(iv) are in good standing with their-employing agency, (1) Re—sponsibility of Employing Agency. The employing agency shall: a Identify each officer assigned to or rernoved.from its special Iaw enforcement units at the time of assignment or removal; a Certify,not less than annually,that each officer identified as assigned to its special law enforcement units remains so assigned and remains in good standing-with the employing ageDO3; R In the case bfreassignment,retirement,or suspension of any person previously assigned to its patrol or special law enforcement emits,promptly notify the ageneywith prvnary geographic or territorial jurisdiction of the same. Responsibility ofAgency with Primary Geographic or Territorial Territorial The agency with primary geogtaphicorterritorial jurisdiction shall: a Goss-commission or specially commission any officer Identified and by his or her employing agency as assigned to the employing agency's patiol or special law enforcement units and certified to be in good standing, a Provide,at its option,authorized forms of oath to each cross-commissioned or specially cammissioncd officer; a provide,at its option,authorized commission cairns to each crass-comruissioned or specially commissioned offices;and a Prescrihe limitations and additional training,as set forth below or as may be agreed to in writing by the parties, MM1ERINTE=CALMUrUAL LAW E FORCEAUMASSISTANCE AGREEMBNr-6 of 3o (1 1 I JillJ11111111fl 111111�1111111111343460'2 03/05/2002 10:27A CTTY OF VANCOUVER IA 99 00 Clark county, WA relating to the exemise of authority by cross-commissioned or specially commissioned officers,. (iii) Responsibility of Cross-Commissioned or Specially Commissioned Officers.. Officers who are cross-commissioned or specially commissioned under this agreement,in addition to abiding by any limitations or satis*iug any additional training requirements of the agency wlth primary geographic or territorial i jurisdiction;shall: I o Abide by all state,federal and local law applicable to the I f I agency with primary geographic or territorial jurisdiction; Exercise law enfozrement powers under their commissions and on behalf of the agency with primay geographic oz i territorial jurisdiction only when on duty with their employing agency and not when off duty or privately employed; a In the case of'patrol units,exercise law enforcement powers under their commissions and on behalf'ofthe agency'v4th j primary geographic or territorial jurisdiction only when engaged in fresh pursuit as defined in paragraph i(f). • Report thein'presence,inperson orbyradio orby telephone,to the authorized representative of the agency with primary geographic orterritorW jurisdiction; Is Immediately report any arrest,search,seizure or use of force in Person to the authorized representative of the agency withprimary geographic or territorial jurisdiction, I ' j e) Subsequent Agi,eemerrts. The parties agree that other mutual law enforedment assistance agreements,not inconsistent with this agreement, may and should be executed whenever combined adinunstrative, investigative or enforcement operations are mutually agreed to be tactically and fiscally practical and efficient. . Such agreements shall i incorporate by mfercace 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 panties 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 end shall renew automatically on the 1`t days of each following January thereafter unless terminated in accordance with the provisions of paragraph 14, 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 cbid. i law enforcement officer unless earlier revoked- MAST INIERLOCALMUTUALZAW f EFORCEMENt ASSISTANCE AGREEMENT-7 of 30 l i + Pagel 9 of 3Y IIIf 111 1111343463dr. .03/06/2002 10.27A CITY OF VANCOUVER in ararx County, WA 4. Patties. ,This agreement contemplates the participation of law enforcement agencies within the Oregon Counties of Clackamas, Columbia,Multnomah and Washington and law en:brueramt agencies within the Washington Counties of Clark and Skamanin 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 Sheiiff City of Lake Oswego City ofMilwaukie City of Oregon City Clark County,Washington Clark County Sheriff Burlington Northern Santa Fe Railway Police Department City ofBattleground City of Camas City of La Center City ofRidgofiald City o#'Vsncouver City of Washougal Washington State University IPolice Department Columbia County,Oregon Columbia County Sheriff ' City of Clatskanie . City ofRanier City ofScapoose City of St.Helms Multnomah County,Oregon Multnomah County Sheri' City ofCa•esham City of Portland Port ofPortlsnd Skunnia County,Washington Skamania County Sheriff City of Stevenson Washington County,Oregon Washington County Sheriff City pfBeaverton City of Hillsboro City of Tigard MSM INTERLOCAL MUTUAL LAW � ENFORGEMEW ASSISTANCE AGREEM$NT-8 of 30 �(1 3434632 Paget le of 31 f l! c �I!����fl !?Y OP VANCdW �111103/93/200Z t IA 38 W cIV* county, ;I j Oregon State Police i f Washington State Patrol S. Joint Admninistratton. 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 cath signatory law enfm=nent 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 adrainistr for 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 j such agreements.. At the conclusion of the first M 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 exerciae of authority under this and related mutual law enforcement assistance agreements and to recommend reasonable and necessary amendment or modification thereof to thou goveming or legislative bodies 6. Financial Admfnfstratfom 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 i 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 Wand incorporated by { raference as if felly set forth herein. Financial administtation for emergency j i assist mop mutual aid is governed by paragraph 2(a)(iir)of•this MasterAgceement I 7. Personnel No transfer of any personnel between the parties is provided for by this agreement. Each.panty 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 peason wi would receive fim that party as their employing agency. 8. }'cnperty. No transfer'of property between the parties or to any third patty is � provided for by this agreement_ i • IJ . MASTER E t IRLOCAL MUTUAL LAW ENMRC'LMEWA3sisrANcRAGREEMENr-9 of3O i 3434632. 11103105/28e202 7R MY OF VNHCOUYFA IA SB 20 Clark C"tY, IM i 9. Supervision and Control Over Officers. a) Majorincfdents. (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. Wl crq the services of the responding agencies are required on a dispersed basis or at several locations, the sheriff of chief;or designated officer in charge for the agency requesting assistance shall be the incident coordinator. The t coordinator shall have the authority to assign xesponding agency I personnel to Iocations within or without his/her jurisdiction,save that as to responding personhei dispatched to locations outside of his/her jurisdiction, the coordinator shall forthwith give notice of such dispatch to the senior officer in the iurisdiction to which said personnel are dispatched,and said senior officer shall forthwith be deemed the officer respoinible for personnel serving in his/her jurisdiction,and,under the coordinator,shall provide direction to -such responding persomrel so that the desired effect may result (ii) $pedal 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 integdty 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 rMl% but shall retain full authority to assign, deploy, and initiate action by his/her unit; and may withdraw his/her unit or regaest that personnel from other agencies avoid or discoptinuo activities which,in bis/her discretion will compromise or hinder the effective perfomuanae of his/her unit b) Investigative Activity. Personnel who exercise M- 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 oftheir employing agency. c) Exercise of Authority by Consent General authority Washington peace officers exercising authority by consent within the primary territorial { MASTER INIERtLOCAL MUTUAL LAW EICORCEMENT ASSISTANCE AMUMMENI-10 of 30 I I�I 11 ((tt�tii r� 3434832 py pK .. - MY a 11 V f2 1F 3 1 var�cawE R i� 88/83/a9 00 Clark 2002 2m.27A count'' idA .jurisdiction of another WashingtOU law 1.6=eurent 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 agleememt despite prior delegation of general supervision to the fricidmt commander; incident coordinator,or other authorized representative of another party, shall be deemed to be under the command and control o;f'their employing agency- 10. gency10. privileges and Immunities. All of'the priyiloges and immunities from liabr'hity, exemption from Iaws, ordinances and rules, and all pension relief; disability, WOAe&compensation insurance and other benefits that apply to the activities of law enforcement personnel when perfomling their duties within the territorial limits of their employing agencies apply to them and to thea employing agencies to the'same degree and extent while the officers exercise authority under this agreement_ r i 11. Liability and Indernuifileatinn, It is uz derstood'that this Agreement for mutual aid shall constitute the sole consideration for an requested assistance and during the course of rendering aid the use of'persouncl or equipment of each party shall be at the tisk of that paity. Each party hereto shall protect its own employees per hmmhrg under this Agreement by adequate workers compensationinsurance 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 claim for injury to persons or damage too property'arising from the performance j of this Agreemen4. Ruh 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 otherpartics and their officers,agents and employees from and against any and all loss,damages,injury,liability snits and proceedings however caused,arising directly or indirectly out of any action or conduct of"the employing agency's peel in the exercise or enjoyment of this agreement,subject to the f following provisions and limitations: I a) Generally Except as provided herein,liability for any and all loss, damages,injury,liability suits and proceedings however caused,adding directly or indirectly from the provision of mutual lay',enforcement !I assistance in accordance with this a greemen#shall be allocated in accordance with ORS 190.476 and/or RCW 10.93.040; I b) 5�ecial Law Enforcement Unita Notwithstanding the prior delegation of general supervisory control over personnel in special law enforcement units to an incident commander,incident coordinator or other authorized MA.SM IN'MUX)CA L M=AT,LAW wFORCEKwTAssrS'rANM AGREEMEt4r-11 uf30 ..yy AA pa!o G7�7IG. Prgci 13 or 31 j CITY OF VArocc u8a/88/2E02 UVEB rp 10:276 3a ao Clark County, Kp representative,the duty to indemnify and hold harmless sbail remain with ' the party which is the employing agency of such personnel,except as ' provided below. c) CIaims Involving Unauthorized Intentional Conduct. The dirty to defend or indemnify,established herein,shalt not extend to liability alleged or found to have arisen out ofbodily injury to persons or damage to property caused by or resulting from the unauthorized intentional conduct of personnel of any otherparty. d) Claims Involving Sole Conduct o0erson orParty The duty to defend ar' indemnity,established herein,shall not extend to liability alleged or found to have arisen out ofbodily injury to persons or damage to property caused by or resulting from the sole acts,omissions or negligence ofpersonnel of any other party- 0) artye) 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 oi•negligence of R personnel of the parties only to the extent of the actual negligenc a of suoh petsonneL Notwithstanding the existence of related liability claims against other parties,as to claims of concurrent liability,the duty to defend and indemnify shall extend to the party whose pesonnel'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 amid hold harmless the other parties for liability for damages alleged or found to have arisen out ofbodily injury to its personnel mi*g 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. g) Property of the Parties. No party to this Master Agreement shall be obligated to reimburse any other party for use of personnel or equipmen4 except that,in the event of emergency assistance in a major 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-Action If any party receives notice of claim,suitor action arising from the exercise or alleged exercise of authority under this MASIERINTERMCAL MUTUAL LAW ENFORCEMENTASSISIANCE AGREEMENT-12 of 30 i ll 3$34632.ff II 1 PaQe: 24 of 32 ��Illll�ll��li� e CITY OF 9 02 lark County, 10 VANCOUVER Iq 39 80 Clark Cotu�tY, wp27p i i i Agreement,such party shall promptly np fy in writing the administrator designated by the Board in accordance with parhgraph 5,above,and/or all ! other parties who aro or may be affected by such notice of claim,suit or action. i) The indemnification requirements contained herein are subject to the limitations contained.in the Oregon Constitution and the Oregon Tort Claims Act•(ORS.30260-.300). The indemnification provided hetrin 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 requit�ents set forth in paragraph 2, as weIi as the reporting requirements of ORS 190.474 andlor 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 pnisuant 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 patty 14. Termination. Any party herein shall have the right to terminate this Agreement fur 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 thedata of notice of termination and,PROVIDED,that, as to arch party, any obligation or liability arising duectly ar indirectly from an occurrence prior to the date souglrt for such 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 egjoyment of authority tinder this agreement;the dispute and options for its resolution shall be reviewed,fust,by chief'law eaforcement officers and, second, by the designee of the governing or legislative body of the affected 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 f j Board for mediation. The designated administrator or mediators)appointed by a I MASTER IMERLocA1.MUTUAL LAW (1111 EMRGEM's1CASSISTANCBAGREEAMNT-13 of30 I I I ' 3434632 . If l�l[Illl�ll L1161 �1'I�I1 I!Il1II}111 1i1III03,°0: 03 of 33 !� Itil [t il!IIAI n8ia0e2 s0.z7p EFe IR $9 N Clark camty, WR majority of the Board shall review the dispute,controversy or claim and options for its resolution. Any action taken or decision made Wiefarmal 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 thea rules and procedures set forth in ORS Chapter 35 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. mien Discrimination. in the exercise and enjoyment of authority under this agreement,no party shall discriminate againht 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. Notim 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 addruss(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. j24. Waiver. No waiver by any party of any term or condition of this agreement;or prior agreements ratified hereby, shall be deemed or coirstrued to constitute a waiver of any other term or condition-or of any subsequent breach,whether of"the same or different provision. 21_ hicarporation/Ratl9cathon of Pre-existing Mutual Law Enforcement j Assistance Agreements. Any pre-mdating mutual law enfimtement 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 out forth in this agreement. As between the affected parties,such agreements remain in full force and effect, ff E 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 MASTER INTERLOCAL MUTUAL LAW RIVORCfs"M1MASSISTANCE AGREEIVHW-14 of30 i I �1I 343462" v. page: 15 of 31 03/eSt2002 10. CITY OF VANCOUVER II IA 30 00 Clark County, kq�A } i 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) Subseauent Agreements,Subseaueutly Amended Agreements Subject to paragraph 244, below, all terms and conditions of thus Agreement, shall control over inconsistent provisions of any subsequent mutual law enforcement assistance agreements or subsequent amendment to say 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 which 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 Agreemer 23. Entire Agreement. This agreement, combined with the attached, incorporated and ratified pre-existing mutual law enfOrcemaut assistance agreements,contt}ins all of the agreements of the parties with respect to the subject clatter covered or mentioned therein and no other prior agteements 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 altctatiow of, the teals of this agreement shall be valid unless made in writing and formally approved and executed by all ofthe parties hereto. j 25. Document Execution and Ming. By execution of this amt, 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. Severabilfty. 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, f i MASTER.INTERLOCAL MUTUAL LAW I , MRCEMBNTASSIST`ANCE AME1�4BNT-IS.of 30 i "KI X434632 Pa"r t7 of 31 fl3108/20a2 e:27A 00 Crack County. 4fR CITY of YMCOWHR Ip a ExbZbit A FINANCE AND"AMWTPAUON PROVIRONS E For purposes of this Master Interlocal Mutual Law Enforcement Assistance Agreement and subsequent agreements or amended agreements that incorporate it,the parties agree that the followingmethod for determining fair-costs for-conhwting services between jurisdictions and for the cost sharing of agreed to services shall govern,regardless ofwhlch jurisdiction manages the service: 1. PURPOSE. The purpose of this agreement is to set farth the financial and administtative 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. Sea 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. i e) Allocation.Thatportion 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 3 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 coats 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,PR4viDED that if tha Contractors current capital policy is for an amount higher than$5,000 the higher amount shall be MASTER INIERLOCAL NDWAL LAW E 4FORCFMBNT ASMSPANCB AGREEMENT-16 of39 - 34346321 I �II!�� I1R � �IlilrlU 111111111103/8512902Paset 18 of 10:27A CITY OF VANCOUVER IA 29 00 Clark County, NA 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.& 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) Interdepartmental Indirect costs. The patties agree that the Contrabtor may use its most current published indirect plan when costing services. The plan must be in j accordance with OMB Chr ularA 87. i) Self-Insurance. The Contractor may recoverthe annual costs of their self-insurance program by either including the program as an element oftheir indirect cost plans or by charging programa directly. The program shad be subject to actuarial review at least every Eve years and the annual internal,chargc shall represent an amount that i maintains the program. e) Depreciation. The Contractor can recover the cost of replacing"booked"facility or equipment assets. The method of recoverywill be determined by the agreements subject to this Master Inter local Assistance Agreement. f) Revenue. If the Contractorreceives revenues that offset direct,departmental overread . and interdepartmental indirect expenses,the revenues will be applied to the applicable expense category prior to the allocation of costs to the Government. S) Allocation of costa. The allocation of service costs must be based on one or more measurable factors,including but not limited td: i) The geograpbic size of the area to be serviced; ii) The population of'the area to be serviced; iirt)The assessed valuation ofthe area to be serviced; iv) The level of service to be delivered; V) Workload statistics or other relevant databases. , b) Reconciliation of contracted(budgeted)costs with actual costs. For those service contracts wherein tho,cost of services tothe Goverment 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. Zs..those circumstances where the Cout=toes year-end actual costs are less than the amount that was appropriated in the 1 Contractors budget,the Govemnizat shall receive a monetary rebate for the coat of MASTER IIITERLDCAL MUTUAL IAW EHFORCEivl NT ASSISTANCE AGRY-%4ETIr-IIof'30 i i t 343+4633 Paget 38 of 31 IIll� r►�� 111IIf� l II 03, I� /T00T 10:27A so 00 Clark County, Mq services within 30 days subsequent io the reconciliation data,or at the Government's ~ option;a credit for the cost of the subsequent year services. i) Calculation of the rebatelcredit. The amount ofthe rebate or credit shall be based on the Governments allocated share ofthe costs;e.g.if'the Govemment's allocated share of the Conh-Aar s cost center is twenty five(M)percent,the Government shall ! be entitled to a rebate or credit equaling twenty-five percent ofthe difference between the Contractors budgeted appropriations for the cost center and the Contractors actual costs. I) Reconciliation of adopted budget with'thirteenth mouth budget. Thele shallbe a year-end reconciliation ofthe Contractor`s original adopted budget with Centractnr's budget as it exists following mid year supplemental appropriations or other budget adjustments hid yeas•legislativeresolutions which adjust the Contractors budgeted cost center shall also adjust the Goveinmenf's service costs in accordance with the percentage allocation that was contractually agreed to;PROVIDED that the Government shall have the tight to question the validity of those supplemental appropriations not directly related to the provision of Government services putsnant to'Seetions 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. Ifthe Government wishes to question the validity of all or of some part of a supplemental appropriation,the Contractor's financa 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 provisibns 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 Goveromentmay Order changes in the delivery of services consisting of additions,deletions,or other revisions witlnn the general scope of tba contract No claims may be made by the Contractor that the scope of oho Contractoes.services have been changed,requiting 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 anyparticularwork is not within the scope ofthe contract;is a material change,or will otherwise require mare ` compensation to the Contractor,the Contractor must humediately notify the Governments Finance Director in writing of this belie£. lfthe Governments Finance Director believes that the particular work is within the scope ofthe coiltract as I written,the parties,will resolve their dispute in accordance with the Master Interlocal Assistance Agreement: MASTER MIERLACAL UMUAL LAW ENTORCETAENTASSMANCE AGREEKWI-18 of30 I i e ller{I ��I4 I�111(I r{fel f I{I�1��� 0 of 31 _.. CITY AF 4ANCOUVER rA as 00 Clark County, Wa I 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 some level of service for the subsequent year. By Scptember20 or the first working day thereafter,the Government shall notify the Contractor of any. changes iii service or service level for the subsequeslt year. By Octobdr f0 cr the fust wading day thereafter,the,Contractor shall provide the Govt with true estimated contract amount for the subsequent year based on the changes in service requestedby the Government. i) Reconciling final adopted budget with contract The Contractor shall adjustthe 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.FINANCUI REPORTING and PAYMENT REQUIREMENTS. a) Montirly reports. The Contractor shall provide the Government with monthly revenue and expenditme 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 tertnination ofthe agreement or at the end of the calendar year,whichever occurs•eariier: 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 2cceipt of the Confractors bill If service costs are based on the Contractor's budget,the Government shall make four equal quatterly payments. The Contractor shall issue the' bill by the fifteenth(15th)day of the month and payments by the Government shall be due within t}usty(30)days after issuance of the bili- Payments that aro not paid within the allotted time periods shall be considered deliuquent. 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. 6.TRANSFERAND DI,SPOSMON OF CAPITAL ASSETS 4 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. i Iv IERINnMLOCALMUIUALLAW BNFORCEMENTA88Ib"i'ANCE AGREP.t,mNr-19 Af 30 i 32 ieP33,a-!,8,1,�v2,209,2of 31 f Ip 9�00 C1ar& 20.27A county, WA i b) Vehicles and Equipment..Upontermination,vehicles and equipment shall be transferred at fair market value;PROVIDHD,the Contractor shall have discretion to'sell such capital assets and the Government shall have discretion to bay. Pair 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 Portland melz-o mariret at the time of acquisition. The Contractor shall retain any monetary roselves set aside for maintenance ! or replact,&eat ofthe vehicle or equipment to be transferrei li} Definition of equipment. Equipmentshall be defined as any capital asset having a value of$5,000 ormore;PROVIDED,that ifthe Contractor's cturent capital policy is for an amount higher than$5,000 the highee amount shall be the applicable policy. ii} Definition of a computer as equipment A computer,for the purpose oftransfer as "equipment,"shall be comprised of the Central Processing Unit(CPU)plus a monitor,plus any keyboard,plus any associated peripherals. s /J i{ ll IJ { , 1 11 � IJ !J ll 1 11 1 J� MA9M INTERLOCAL MUTUAL LAW MWORCEMSNT:ASSISTANCE AGREEME n-20 of30 EXECUTED on,the day and year firstwriiten below. CITY OF TIGARU,'OREGON Craig Pro s' r City Manger Date: Approvedas to form: ty Attorney" Address of Notice: William M..Dicl6nson,Chief of.Police Tigud:Police Department City of Tigard 13125,S�V HaIl,BIvd Tigard,Oregon 97223 MASTER L ITERLOCAL IvIUTUr1L.L NV ENFORCEMFNT ASSISTANCE°.AGREFNIENT I ' I 3434632 Pepe: 1 of Si. r �!lIIII�f l 03,�, CITY OF VANCOUVER IR 29 Do Clark Cou�nOty,tWA 27p RE URN ADDRESS i City of Yancauver Citv Clerk's.Office i I P 0 Box 1995 _ t !I i Vancouver. WA 98668 1995 I � I I I Pieria Mat nearly or lWe inEormaitoa DOCUMENT TIT=S) p I I REIICB NUMB=OFREGARD DOCUMMMS) ! j ' l r�ANraRts� �" Addilionalt3caittors.om.pa���,�. GRANn> 04 04 L �' �,.. Ad�tinlrai Oiantees as pago.# LEGAL DESCRIPTION(abbreviated form:ix�lot block plat or wedo ,township,zee,4auW/q aer) Additional Legal is on page#_ ASSESSOR'S PROPERW TAXPARCE€lACCOUNT NUNMM Addidonai Parcel Vs on page Tha AuditorlR=rdcrwM rely an the information provided on this form Ttie gzff will nut read the docament to verify the acc=cy or conoctmIem of the intiawing.Wormadon provided herein. i I I ; q17-1 I I