AGREEMENT FOR LAW ENFORCEMENT AND PROSECUTION BETWEEN 

CLARK COUNTY, WASHINGTON, AND THE COWLITZ INDIAN TRIBE 

This Agreement for Law Enforcement and Prosecution between Clark County, Washin&>ton, and 

the Cowlitz Indian Tribe ("Agreemenf') is entered into this JB._day of April, 2017, between 

Clark County ("County ..), a political subdivision of the State of Washington, and the Cowlitz 

Indian Tribe ('Tribe''), a federally-recognized Indian Tribe (separately referred to as "Party'· and 

collectively referred to as the "Parties"). 

1. RECITALS. 

1.1 The Tribe is a federally recognized Indian Tribe with a Reservation 

("Reservation..) located on the land held in Trust by the Unites States Department of Interior, 

Bureau of Indian Affairs for the benefit of the Tribe within the geographic boundaries of Clark 

County. 

1.2 On June 16, 2014, the Tribe and the State of Washington entered into a tribal state 

gaming Compact (the "Compact'') to permit the Tribe to conduct Class III gaming activities on 

the Reservation in compliance with the Indian Gaming Regulatory Act of 1988. 

1.3 The Department of the Interior approved the Compact on behalfofthe Federal 

Government on July 31, 2014. 

1.4 The Parties have agreed to the terms and provisions contained in this Agreement 

as herein below set forth in the interest of public safety for the citizens of the County, the Tribe 

and visitors to the Tribe's Reservation. 

I.5 The Agreement entered herein addresses law enforcement services to be provided 

by the County at the Reservation as well as prosecution and court services. 

1.6 The Parties enter into this Agreement, pursuant to the lnterlocal Cooperation Act, 

RCW 39.34, to enable the County to extend law enforcement, prosecution and court services to 

the Tribe that are needed on the Reservation in exchange for agreed-upon compensation. 

1.7 The County. through the Clark County Sheriffs Office, provides law enforcement 

services throughout the unincorporated areas of Clark County. 

1.8 The County, through the Clark County Prosecuting Attorney"s Office, provides 

prosecution of misdemeanors and felonies in Clark County. 

1.9 Clark County District and Clark County Superior Court provide court services for 

misdemeanor and felonies in Clark County. 

1.10 The County, though the Clark County Sheriffs Office, provides jail beds for 

detainees arrested for misdemeanors and felonies for all persons arrested and detained by Clark 
County Sheriffs Office, Washington State Patrol, and all municipal police departments within 

Clark County. 

1.11 The County and surrounding cities have executed a Mutual Aid Agreement 

pursuant to the Washington Mutual Aid Peace Officers Powers Act (RCW Chapter I 0.93) in 

which each agrees to provide law enforcement services in the tenitory of the other as needed and 

the staffing levels allow. 

1.12 The County intends to provide law enforcement, prosecution and court services 

listed herein which have been requested by the Tribe on the Reservation site on the same basis as 

County services are provided to other geographic areas within the County. 

1.13 The Tribe will execute a limited waiver of sovereign immunity in favor of the 

County pursuant to which any disputes between the Parties in conjunction with the provisions 

herein can be resolved in a fair. expeditious and equitable manner. 

NOW THEREFORE, The County and the Tribe enter into this Agreement for the 

purposes of: I) establishing a mechanism for the County to provide law enforcement, 

prosecution and court services relating to the Reservation; and 2) providing a mechanism for the 

Tribe to contribute funding to the County, as more specifically set forth below. 

2. RECITALS. Each recital set forth above is adopted as part of the substantive provisions 

of this Agreement. 

3. PURPOSE. The purpose ofthis Agreement is to memorialize the terms under which the 

County will provide law enforcement services in terms of suitably qualified and trained law 

enforcement personnel and equipment sufficient to provide law enforcement services on the 

Cowlitz Indian Reservation, consistent with applicable state, federal, and tribal laws. 

4. TERM - EFFECTIVE DATE. 

4.1 This Agreement shall be effective upon the execution of this Agreement by the 

County, and the Tribe. 

4.2 Tenn. This Agreement shall remain in effect one (1) year from the date of 

execution, with a (I) one year extension option upon mutual written Agreement of the Parties. 

4.3 Tennination. This Agreement may be terminated only upon mutual written 

Agreement ofthe Parties, or by the process set forth in Section 10 below. 

5. PUBLIC SERVICES. 

5.1 Law Enforcement. For purposes of this Agreement "Indian" means any 

individual who is a member of the Cowlitz Indian Tribe, any individual who is a member of any 

other federally-recognized tribe. and any individual who is an Indian, defined in 25 U.S.C. 

section 1301 (4). 

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5.2 The Tribe agrees to adopt by Tribal resolution the Washington State Criminal 

laws set forth in Exhibit A, for use on the Reservation. The Tribe will, in the future, adopt a 

tribal criminal code applicable to Tribal members. 

5.3 The Tribe grants and conveys and the County hereby accepts the right, power, 

authority and jurisdiction to enforce at the Reservation all state laws adopted as tribal law by the 

Tribe and set forth in Exhibit A. Pursuant to this grant of authority, the County's sworn sheriffs 

deputies will enter tribal lands and structures for the purpose of providing law enforcement 

services and shall have the right, power, authority and jurisdiction to exercise arrest authority, 

using all resources available, over non-Indian perpetrators for victimless crimes, crimes against 

other non-Indians, and crimes against Indians. Misdemeanors and felonies committed by Indians 

on tribal land shall be subject to exclusive federal or tribal jurisdiction 

The Tribe further grants and conveys to cities who are parties to the Mutual Aid 

Law Enforcement Agreement, attached hereto as Exhibit B, the right, power, authority and 

jurisdiction to enforce at the Reservation all state laws adopted as tribal law by the Tribe and set 

forth in Exhibit A. The Tribe will negotiate limited waivers ofsovereign immunity with the law 

enforcement agencies that have entered into a mutual aid agreement with the Clark County 

Sheriffs Office. 

5.4 The Clark County Sheriffs Office will respond to calls for law enforcement 

services at the Reservation in the same manner as all other calls for service per Clark County 

Sheriffs Office protocol, attached hereto as Exhibit C. 

5.5 Non-Indian suspects arrested by the County's sheriff's deputies and /or the Cities· 

police officers responding under the Mutual Aid Agreement attached hereto at Exhibit B on 

tribal lands for misdemeanors/gross misdemeanors and felonies will be transported by the 

County's sheriffs deputies or police officers off tribal lands. If the suspects are confined in the 

Clark County jail, the Tribe will pay all costs of incarceration including the initial stay in Clark 

County jail and any subsequent incarceration directly related to the underlying offense at the rate 

listed in Exhibit D. 

5.6 The Tribe specifically requests that in cases where an Indian, as defined in 

Section 5.3 above, is the suspect in a criminal incident on the Reservation, that the County's 

sheriffs deputies or City police officer responding under the Mutual Aid Agreement, attached 

hereto at Exhibit B, may briefly detain that individual until federal law enforcement is contacted 

and the Indian suspect is transferred to federal custody. If the County or Cities are requested by 

the Tribe for purposes of public safety to briefly detain an Indian suspect, the Tribe will 

indemnify and hold harmless the County, the Cities and the Clark County Sheriffs Office for 

any legal action brought on jurisdictional grounds by the Indian suspect as a result of that 

detention. 

5.7 In the event ofliability for damages arising out of bodily injury to persons or 

damages to property caused by or resulting from the concurrent negligence of the Tribe, and or 

3 
the County. and their officers, officials. employees and volunteers, each Party's liability 

hereunder shall be to the extent of their own negligence. 

5.8 Prosecution. 

5.8.1 Prosecution of individuals arrested and charged with misdemeanors and 

felonies pursuant to Section 5.3 above for which the State of Washington or the County 

as set forth herein has jurisdiction, shall be conducted by the Clark County Prosecuting 

Attorney"s Office in state court. All prosecutorial decisions and strategy shall be 

exclusively within the discretion of the Clark County Prosecuting Attorney's Office 

pursuant to the laws of the State of Washington. 

5.8.2 The Tribe shall indemnify and hold harmless the County and the Clark 

County Prosecuting Attorney's Office for any legal action brought against the County 

and or the Clark County Prosecuting Attorney's Office for prosecution on jurisdictional 

grounds arising from an arrest on the Reservation. 

5.9 Court and Jail Services. 

5.9.1 Clark County shall provide for individuals arrested pursuant to section 5.2 

above, court services, detention, indigent defense, juvenile services and probation arising 

from the arrest and/or conviction of misdemeanors, gross misdemeanors and felonies. 

5.9.2 The Tribe shall indemnify and hold harmless the county, the Clark County 

Sheriff's Office and the Clark County Superior and District Courts for any legal action 

brought against the County and or the Clark County Prosecuting Attorney's Office for 

detention and prosecution on jurisdictional &>rounds arising from any arrest on the 

Reservation. All parties reserve their rights to prosecutorial immunity. 

6. PAYMENTS BY THE TRIBE. 

6.1 The Tribe agrees to compensate the County for the above-provided services at the 

rates described in Exhibit D. Payment shall be made by the within 60 days after receipt of an 

invoice. 

7. ADDITIONAL TRIBAL COMMITMENTS. 

7. I The Parties hereby reference and incorporate into this Agreement Section 3(H)( I) 

of the Cowlitz Indian Tribe Ordinance No. 07-02 Payments in Lieu of Taxes, attached as Exhibit 

E. The Tribe agrees that any action taken by the County to enforce this payment provision will 

be pursuant to Sections 8 and 9 below. 

8. DISPUTE RESOLUTION. 

8.1 In an effort to streamline the resolution of any disputes under this Agreement. the 

County and the Tribe agree to the following: 

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8.1.1 The Tribe and the County shall make their best efforts to resolve disputes 

that occur under this Agreement by good faith negotiations whenever possible. 

8.1 .2 Disputes between the Trihe and the County shall first he subjected to a 

process of meeting and conferring in good faith in order to foster the spirit of cooperation 

and efficiency in the administration of the terms, provisions, and conditions of this 

Agreement as follows: 

8.1.3 Either Party shall give the other, as soon as possible after the event giving 

rise to the concern, a written notice setting forth. with specificity, the issues to he 

resolved. 

8.1.4 The Parties shall meet and confer in a good faith attempt to resolve the 

dispute through negotiation not later than ten ( I 0) days after receipt of the notice, unless 

both Parties agree in writing to an extension of time. 

8.1 .5 If the Parties arc unable to resolve the dispute amongst themselves within 

20 business days, the party shall submit a written request to engage in mediation to be 

conducted in Clark County, Washington with a mutually acceptable mediator. lfthe 

parties cannot reach agreement on the selection of the mediator within fifteen ( 15) 

business days of the date the written mediation request letter was received by the other 

Party or Parties, the mediation will be administered by JAMS, Seattle Washington Office 

using a JAMS mediator and protocol. All parties will pay their costs and attorneys' fees. 

8.2 In the event of an unsuccessful direct discussion or mediation, each Party 

consents to the personal jurisdiction of the Superior Court of the State of Washington for all 

claims, disputes, proceedings or actions in any way arising under or relating to this Agreement or 

the subject matter of this Agreement and which may include but are not limited to torts, breach 

of contract, declaratory, injunctive and monetary relief. Venue for any such claim shall be 

exclusively in the Superior Court for Clark County. 

9. CONSENT TO JURISDICTION: EXPRESS LIMITED WAIVER OF 

SOVEREIGN IMMUNITY. 

9.1 The Tribe hereby waives its sovcreii,,'11 immunity and consents to suit against it by 

the County for the limited purpose of specifically enforcing the obligations of the Tribe as set 

forth in this Agreement. This limited waiver of sovereign immunity is limited to actions brought 

only by the County and shall not be construed as extending to any other individuals, 

governmental entities or third parties. 

9.2 By this limited waiver ofsovereign immunity, the Tribe expressly agrees that the 

County may seek relief in Clark County Superior Court for any claims, including enforcement 

of indemnification and hold harmless agreements, breach of contract. declaratory, injunctive and 

monetary relief declaratory, arising as a result of the services provided by the County pursuant to 

5 
this Agreement, including satisfaction of any judgment arising hereunder, from the Tribe. limited 

to only the amount of the Tribe's liability insurance. 

9.3 In no instance shall the Parties be entitled to consequential damages, punitive 

damages, or lost profits. 

9.4 The limited waiver of sovereign immunity is evidenced by a tribal resolution, 

attached as Exhibit E. 

I0. CONTRACT TERMINATION. 

I 0. I Termination for Cause. The Tribe and the County have the right to immediately 

terminate this Agreement as it pertains to their Agreement, in whole or in part, without limiting 

remedies, should one party materially breach any of the Agreement's terms, including but not 

limited to, any failure to perform obligations under this Agreement. Any Party shall be provided 

five (5) business days to remedy any such problem prior to termination. 

I 0.2 Payment after Termination. In the event of early termination of this Agreement 

initiated by any Party for whatever reason, the non-breaching Parties shall be entitled to receive 

reimbursement for costs incurred prior to the Ahrrecment termination date. It is understood that 

reasonably satisfactory performance is a prerequisite to receiving payment. 

10.3 Remedies Retained. Nothing in this Agreement shall be construed to limit the 

Parties' legal remedies including, but not limited to, the right to sue for damages or specific 

perfonnance should either party materially violate any terms of this Agreement. 

I I. INSURANCE COVERAGE. The Tribe shall at all times during the term of this 

Agreement carry and maintain commercial general liability insurance to cover bodily injury, 

property damage, civil rights claims and contractual liability with the following minimum limit: 

each occurrence One Million Dollars ($1,000,000) general, aggregate Two Million Dollars 

($2,000,000). The County shall be named as an additional insured for all services provided by 

the County respectively described herein on the Tribe's policy, and proof of such coverage shall 

be provided prior to entry of this Agreement. 

12. MISCELLANEOUS PROVISIONS. 

I 2.1 This Agreement commences on the date of execution; however, the financial 

obligations ofthe Tribe, pursuant to Section 6 shall not begin until commencement of gaming 

activities on the trust property pursuant to the Compact. 

12.2 Tribal Council Resolution. The Tribe will provide to the County the Tribal 

resolution adopting the Washington State Criminal laws referenced in Exhibit A prior to the 

commencement of this Agreement. 

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12.3 Attached to this Agreement as Exhibit Eis a Resolution of the Cowlitz Tribal 

Council approving this Agreement and authorizing its entry by the General Tribal Chainnan, and 

amendments thereof executed by representatives of the Tribe. 

12.4 This Agreement is not intended to. and will not be construed to. confer a benefit 

or create a right and any third party. or the power or right of any third party to bring an action to 

enforce any tenns of this Agreement. 

12.5 Amendments. This A&,reement may be amended only by written instrument duly 

si&111ed and executed by the County and the Tribe. 

12.6 Waiver by either Party or any of its officers. agents or employees, or the failure of 

either party or its officers or agents or employees to take action with respect to any right 

conferred by, or any breach of any obligation or responsibility of this Agreement will not be 

deemed to be a waiver of such obligation or responsibility. or subsequent breach of same, or of 

any terms. covenants or conditions ofthis Agreement, unless such waiver is expressly set forth in 

writing in a document signed and executed by the appropriate authority of the County or ofthe 

Tribe and then only to the limited de!::,,ree set forth in such writing. 

12.7 Severability. Except as otherwise provided in this paragraph, the invalidity of any 

provision or portion of a provision of this Agreement as detennined by a court of competent 

jurisdiction shall not affect the validity of any other provisions of this Agreement or the 

remaining portions of the applicable provisions. If any provision ofthis Agreement is declared 

invalid by the Court of competent jurisdiction. which results in the diminishment of any 

payments or financial obligations of the Tribe to the County. then the party shall use their best 

efforts to renegotiate the terms ofthe invalid provisions. In the event that the Parties are unable 

to successfully renegotiate the invalid terms. than they shall resolve the matters at issue through 

the dispute resolution provisions of this Agreement. 

12.8 Force Majeure. In the event of a forced delay in performance by either the Tribe 

or the County due to causes beyond the reasonable control of that Party, including, but not 

limited to, fire, floods. catastrophic weather events or other natural disasters. epidemics, 

embargoes. war, acts of war (whether or not war is declared), insurrections, riots, civil 

commotion, strikes. lockouts or other labor disturbances, acts of God. acts or inaction by the 

other Party its employees or agents, unusual delay in transportation, unavailability of materials. 

the time perfom1ed shall be extended for the period of the forced delay. 

12.9 Entire Agreement. This constitutes the entire Agreement between the Parties. No 

other written or oral communications are of force and effect. 

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In witness whereof: the Pa11ies have executed this Agreement as of the day and year set forth 

above. 

ADOPTED this //3 dayof J1f4l , 2017. 

BOARD OF COUNTY COUNCILORS 

Approved as to form only: 

Clark County Prosecutor's Office 

ANTHONY F. GOLIK 

By ~ -

Jane E. Vetto 

Sr. Deputy Prosecuting Attorney 

CLARK COUNTY, WASHIN ON 

By: 

9 

f__(j~
COWLITZ INDIAN TRIBE 

By: 

William lyall 

General Council Cha· ' 

Cowlitz Indian Tribe 

10 
Exhibit A 

Cowlitz Indian Tribe 

Tribal Council tJ 

Resolution No. 17- / lJ 

Short Title: Adoption of Washington State Criminal Laws 

WHEREAS, the Cowlitz Indian Tribe is Acknowledged as a Sovereign Indian Nation by the 

United States Government, and 

WHEREAS, the Cowlitz Indian Tribal Council is the governing body of the Cowlitz Indian 

Tribe as authorized by the Tribe's Constitution and By-laws, and 

,VHEREAS, Clark County has requested that we adopt the Washington State Criminal Laws to 

be enforced, where applicable, by law enforcement on the Cowlitz Indian Reservation, and 

WHEREAS, the Cowlitz Indian Tribe has agreed in Section 5.2 of the Agreement for Law 

Enforcement and Prosecution between Clark County, Washington, and the Cowlitz Indian Tribe, 

adopt the Washington State Criminal Laws for the use on the Cowlitz Indian Reservation, and 

the Tribe in the future will adopt a Tribal Criminal Code for use on the Cowlitz Indian 

Reservation for tribal members, and 

WHEREAS, the Cowlitz Indian Tribe has not and will not confer concurrent jurisdiction on the 

Cowlitz Indian Reservation to the State of Washington or its political sub-divisions, and 

NOW THEREFORE BE IT RESOLVED, by the Tribal Council of the Cowlitz Indian Tribe, 

that the Washington State Criminal Laws, as set forth in Exhibit A of the Agreement for Law 

Enforcement and Prosecution between Clark County, Washington, and the Cowlitz Indian Tribe 

are hereby adopted for use on the Cowlitz Indian Reservation. 

-CER'I'IFIED---

The f9regoing resolution was adopted by the Tribal Council on /t////1/ ////1 by a vote 

ofJ.~ For, _0_ Against, and Q_ Abstain. 

l/,,__,_,?/L 

wa-Gaiser, Tribal Council Chair 

P.O. Box 2547 • Longview, WA 98632-8594 • (360) 577-8140 • Fax (360) 577-7432 • EMAIL cowlitztribe@cowlitz.org 
Exhibit A 

See "Pocket Guide to Washington Criminal Laws", ISBN 978-1-884493-42-3 

EXHIBIT A 
 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT B 

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, Oregon Revised Statutes (ORS) Chapter 190 and ORS 190.110 provide that a unit of 

local government may enter into a written agreement with any other unit of local government for the 

performance of any or all functions and activities that a party to the agreement has the authority to perform; 

and 

WHEREAS, ORS 190.420 provides that any power or powers, privilege or authority exercised or 

capable of exercise by an Oregon public agency may be exercised and enjoyed jointly with any public 

agency in another state to the extent that the laws of the other state permit such exercise or enjoyment; 

WHEREAS, 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; 

WHEREAS, Revised Code of Washington (RCW) Chapter 39.34 and RCW 39.34.030 provide 

that any power or powers, privilege or authority exercised or capable of exercise by a 

Washington public agency may, by agreement, be exercised and enjoyed jointly with any other public 

agency in any other state to the extent that the laws of such state permit such joint exercise or enjoyment; 

WHEREAS, RCW 10.93.130 provides that Washington law enforcement agencies may, pursuant 

to the provisions of RCW Chapter 39.34, contract with any law enforcement agency of Oregon or its 

political subdivisions to provide mutual law enforcement assistance; 

WHEREAS, RCW 10.93.070(2) provides, inter 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 

MASTER INTERLOCAL MUTUAL LAW 

ENFORCEMENT ASSISTANCE AGREEMENT - 1 of 24 
 

 

 

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 necessarily limited to fleet management, internal 

affairs, records management, and the like. 

b) Authorized representative means the ranking on-duty supervisor empowered by his/her 

chief law enforcement officer to act under this intergovernmental agreement. 

c) Chief law enforcement officer includes the sheriff or director of public safety of a county, 

the chief of police of a city or town, and chief officers of any other law enforcement agency 

which is a party to this agreement. 

d) Emergency assistance means mutual aid provided by the parties in a major incident under 

the statutory authority of the parties but without a pre-existing mutual aid agreement 

between the affected parties. 

e) Employing agency means the law enforcement agency under whose employment an 

officer is authorized to act and includes the “primary commissioning agency” as that phrase 

is defined in RCW 10.93.020(8) and “commissioning agency” as that term is defined in 

ORS 190.476(4), as now enacted or hereafter amended. 

f) 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 incident has occurred or is occurring. 

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ENFORCEMENT ASSISTANCE AGREEMENT - 2 of 24 
 

 

 

h) Law enforcement agency means any “law enforcement unit” as defined in ORS 181.610 

(13) and any “general authority Washington law enforcement agency” as defined in RCW 

10.93.020(1), as now enacted or hereafter amended. 

i) Major incident means any crime or crimes, a natural disaster, extreme civil disorder, or 

similar event causing or having potential to cause injury, death, or substantial property 

damage. 

j) Non-emergency assistance means mutual aid provided by the parties in any circumstance, 

including a major incident, that is governed by a pre-existing 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 ordnance disposal units, hazardous 

devices or bomb squads; drug or drug and vice divisions or units, including multi- agency 

task forces; gang or gang enforcement units, including multi- agency task forces; hostage 

negotiation teams, special weapons and tactics teams or units; canine units; traffic accident 

investigation units, and marine patrol units. 

p) Technology means equipment and supplies used in the location, identification and 

preservation of physical evidence. 

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ENFORCEMENT ASSISTANCE AGREEMENT - 3 of 24 
 

 

 

 

 

 

 

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. Purpose and Function. The purpose of this agreement is: ( 1) To provide for combined use 

of personnel during major incidents; ( 2) To permit the personnel of each party to engage in 

administrative and investigative activity within the primary or geographic territory of other 

parties; ( 3 ) To commission or specially commission personnel in each party’s specialized law 

enforcement units to enforce applicable traffic and criminal laws within the primary or 

geographic territory of other parties; and (4) to encourage subsequent mutual law enforcement 

assistance agreements calling for specific combined operations whenever tactically and fiscally 

practical and efficient. 

a) Major Incidents. In the event of a major incident, a chief law enforcement officer, or his 

or her authorized representative, is empowered to request assistance without advance 

notice from another or all other units of government and law enforcement agencies 

participating in this Agreement when it reasonably appears that additional personnel, 

technology and/or technical expertise is needed to respond to a major incident occurring 

within the jurisdiction requesting assistance. 

i. Requests for Aid. Such requests may be made by the chief law enforcement 

officer, or his or her authorized representative to the chief law enforcement officer, 

or authorized representative, of the responding unit of local government and law 

enforcement agency. The latter shall respond to its fullest ability to do so without 

compromising its ability and resources to maintain a reasonable level of service 

within its own jurisdiction. The decision of the chief law enforcement officer, or 

authorized representative of the agency from whom aid is requested as to what 

personnel, equipment and vehicles are available for response shall be final. 

ii. Recall. The assigned incident commander or incident coordinator, at his or her 

discretion, shall have authority to deploy aiding agency personnel, other than those 

deployed in special law enforcement units, in any manner deemed necessary under 

the circumstances. At the request of the incident commander or incident 

coordinator, any aiding agency shall withdraw from the scene of a major incident. 

Further the responding agency shall be released by the incident commander as soon 

as their services are no longer required or when the responding agency is needed 

within the area for which it normally provides law enforcement services. 

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ENFORCEMENT ASSISTANCE AGREEMENT - 4 of 24 
 

 

iii. Expenses. Expenses incurred in the provision of emergency assistance in major 

incidents shall be allocated in accordance with this subparagraph. 

a. Extraordinary expense, as that phrase is employed in paragraph 9, below, 

means any expense not formally budgeted or approved and excludes salaries, 

benefits and overtime and routine capital costs and expenses. 

b. Subsistence expense means the reasonable cost of meals and lodging, if not 

provided in kind. 

c. Expenses. Routine expenses, including cost of equipment, supplies, and 

materials used or expended, and reasonable subsistence expenses incurred in 

the provision of emergency assistance during major incidents shall be borne by 

each party. In the case of a major incident, extraordinary costs, including 

reasonable subsistence expenses, shall be borne by the agency requesting 

assistance. At the conclusion of a major incident, any property, equipment, or 

improvements used in the provision of emergency assistance shall become the 

sole property of the party that provided the property, equipment, or 

improvements. 

d. Expenses incurred in connection with non-emergency assistance provided 

through subsequent mutual aid agreements or amended agreements shall be 

governed by the provisions for Financial Administration set forth in paragraph 

6, below. 

b) Investigative Activities. In addition to assistance provided in major incidents, the 

personnel of any party may, without restriction or limitation, engage in investigative 

activity within the primary territorial or geographic jurisdiction of any other party, 

PROVIDED, that such personnel provide notice of their presence to the party with primary 

territorial or geographic jurisdiction by contact with its authorized representative either in 

person or by telephone. 

c) Exercise Of Authority by Consent. Parties comprising Washington law enforcement 

agencies, in accordance with RCW 10.93.070(1), through their sheriffs or chiefs, as chief 

law enforcement officers within their jurisdictions, hereby consent to the exercise of 

authority by qualified general authority Washington peace officers, whose agencies are 

identified in Appendix A hereto, within their primary territorial jurisdiction for the duration 

of the term or tenure of each sheriff or chief. 

d) Commissioning and Cross-Commissioning of Patrol and Special Law Enforcement 

Units. The parties agree to cross-commission or specially commission each other’s full 

time, fully compensated peace or police officers who (i)(a) are assigned to special law 

enforcement units as defined in paragraph 1(o), or (b) are assigned to patrol units and 

engaged in fresh pursuit, as defined in paragraph 1(f); (ii) are eligible for crossMASTER INTERLOCAL MUTUAL LAW 

ENFORCEMENT ASSISTANCE AGREEMENT - 5 of 24 
 

commissioning or special commissioning under applicable laws; (iii) 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. 

i. Responsibility of Employing Agency. The employing agency shall: 

• Identify each officer assigned to or removed from its special law enforcement units 

at the time of assignment or removal; 

• 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 agency; 

• In the case of reassignment, retirement, or suspension of any person previously 

assigned to its patrol or special law enforcement units, promptly notify the agency 

with primary geographic or territorial jurisdiction of the same. 

ii. Responsibility of Agency with Primary Geographic or Territorial Jurisdiction. 

The agency with primary geographic or territorial jurisdiction shall: 

• Cross-commission or specially commission any officer identified and by his or her 

employing agency as assigned to the employing agency’s patrol or special law 

enforcement units and certified to be in good standing; 

• Provide, at its option, authorized forms of oath to each cross-commissioned or 

specially commissioned officer; 

• Provide, at its option, authorized commission cards to each cross-commissioned or 

specially commissioned officer; and 

• Prescribe limitations and additional training, as set forth below or as may be agreed 

to in writing by the parties, relating to the exercise of authority by crosscommissioned 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 satisfying any additional 

training requirements of the agency with primary geographic or territorial 

jurisdiction, shall: 

• Abide by all State, federal and local law applicable to the agency with primary 

geographic or territorial jurisdiction; 

• Exercise law enforcement powers under their commissions and on behalf of the 

agency with primary geographic or territorial jurisdiction only when on duty 

with their employing agency and not when off duty or privately employed; 

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• In the case of patrol units, exercise law enforcement powers under their 

commissions and on behalf of the agency with primary geographic or territorial 

jurisdiction only when engaged in fresh pursuit as defined in paragraph 1(f). 

• Report their presence, in person or by radio or by telephone, to the authorized 

representative of the agency with primary geographic or territorial jurisdiction; 

• Immediately report any arrest, search, seizure, or use of force in person to the 

authorized representative of the agency with primary geographic or territorial 

jurisdiction. 

e) Subsequent Agreements. The parties agree that other mutual law enforcement assistance 

agreements, not inconsistent with this agreement, may and should be executed whenever 

combined administrative, investigative or enforcement operations are mutually agreed to 

be tactically and fiscally practical and efficient. Such agreements shall incorporate by 

reference the terms of this agreement. In the event of conflict in the interpretation of this 

and subsequent agreements, the provisions of this agreement shall control unless expressly 

agreed otherwise by the parties to the subsequent written agreement. 

3. Commencement, Effective Dates and Duration. This agreement shall become effective on 

the date the agreement is executed by at least two parties and shall renew automatically on the 

1st 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 

chief law enforcement officer unless earlier revoked. 

4. Parties. This agreement contemplates the participation of law enforcement agencies within the 

Oregon counties of Clackamas, Columbia, Multnomah and Washington and law enforcement 

agencies within the Washington counties of Clark and Skamania. Subject to the terms for 

commencement and termination, the parties eligible for participation in this agreement include, 

but are not necessarily limited to: 

Clackamas County, Oregon Clackamas County Sheriff 

City of Lake Oswego 

City of Milwaukie 

City of Oregon City 

Clark County, Washington Clark County Sheriff 

Burlington Northern Santa Fe 

Railway Police Department 

City of Battleground 

City of Camas 

City of La Center 

City of Ridgefield 

City of Vancouver 

City of Washougal 

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Washington State University 

Police Department 

Columbia County, Oregon Columbia County Sheriff 

City of Clatskanie 

City of Rainier 

City of Scappoose 

City of St. Helens 

Multnomah County, Oregon Multnomah County Sheriff 

City of Gresham 

City of Portland 

Port of Portland 

Skamania County, Washington Skamania County Sheriff 

City of Stevenson 

Washington County, Oregon Washington County Sheriff 

City of Beaverton 

City of Hillsboro 

City of Tigard 

Oregon State Police 

Washington State Patrol 

5. Joint Administration. No new or separate legal or administrative entity is created by this 

agreement. This agreement shall be administered by a Board comprised of the chief law 

enforcement officers of each signatory law enforcement agency or his or her designee. Upon 

the commencement of this agreement by its execution by at least two parties, those parties may 

designate a specific member, officer or agent, to act as administrator of this and related mutual 

law enforcement assistance agreements, whose duty it shall be to report annually to the Board 

concerning the exercise and enjoyment of authority under such agreements. At the conclusion 

of the first full calendar year in which this agreement is in effect, and annually thereafter, a 

majority of signatories represented on the Board may designate a specific member, officer or 

agent, to act as administrator. It shall be the duty of the Board to evaluate the exercise of 

authority under this and related mutual law enforcement assistance agreements and to 

recommend reasonable and necessary amendment or modification thereof to their governing 

or legislative bodies. 

6. Financial Administration. The methodology for determining the fair costs of non-emergency 

assistance mutual aid, for contracting for services, for adjustments to service delivery and 

compensation therefore, for billing and payments for services, and for the transfer and 

disposition of capital assets for this Agreement and subsequent agreements that incorporate it 

is governed by the Finance and Administration Provisions attached hereto as Exhibit “A” and 

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incorporated by reference as if fully set forth herein. Financial administration for emergency 

assistance mutual aid is governed by paragraph 2(a)(iii) of this Master Agreement. 

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 to its own personnel who may assigned 

to render assistance to any other party or who may otherwise exercise or enjoy authority under 

this agreement the same salaries, compensation for death or disability, retirement and leave, 

cost of transportation, and other normal fringe benefits as such personnel would receive from 

that party as their employing agency. 

8. Property. No transfer of property between the parties or to any third party is provided for by 

this agreement. 

9. Supervision and Control Over Officers. 

a) Major Incidents. 

i. Incident Commander. The sheriff or chief, or their authorized representative 

legally responsible for police protection at the scene of the major incident shall 

remain in charge as incident commander or incident coordinator and shall provide 

general directions to all aiding agency personnel. 

ii. Incident Coordinator. Where the services of the responding agencies are required 

on a dispersed basis or at several locations, the sheriff or chief, or designated officer 

in charge for the agency requesting assistance shall be the incident coordinator. The 

coordinator shall have the authority to assign responding agency personnel to 

locations within or without his/her jurisdiction, save that as to responding personnel 

dispatched to locations outside of his/her jurisdiction, the coordinator shall 

forthwith give notice of such dispatch to the senior officer in the jurisdiction to 

which said personnel are dispatched, and said senior officer shall forthwith be 

deemed the officer responsible for personnel serving in his her jurisdiction, and, 

under the coordinator, shall provide direction to such responding personnel so that 

the desired effect may result. 

iii. Special law enforcement units. Special law enforcement units, such as ”Special 

Weapons and Tactics Teams,” “Hostage Negotiation Teams,” “Hazardous Devices 

of Bomb Squads,” and other specialized teams, when requested will maintain their 

unit integrity and will be responsible to an incident commander from their agency. 

The incident commander will correlate his/her unit’s actions with the incident 

coordinator to achieve the desired results, but shall retain full authority to assign, 

deploy, and initiate action by his/her unit; and may withdraw his/her unit or request 

that personnel from other agencies avoid or discontinue activities which, in his/her 

discretion will compromise or hinder the effective performance of his/her unit. 

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b) Investigative activity. Personnel who exercise or enjoy investigative authority under this 

agreement without prior delegation of direct supervision to another party, shall be deemed 

to be under the command and control of their employing agency. 

c) Exercise of Authority by Consent. General authority Washington peace officers 

exercising authority by consent within the primary territorial jurisdiction of another 

Washington law enforcement agency shall be deemed to be under the command and control 

of their employing agency. 

d) Special law enforcement units. Personnel assigned to special law enforcement units who 

exercise or enjoy authority by virtue of commissions or special commissions granted under 

this agreement, despite prior delegation of general supervision to the incident commander, 

incident coordinator or other authorized representatives of another party, shall be deemed 

to be under the command and control of their employing agency. 

10. Privileges and Immunities. All of the privileges and immunities from liability, exemption 

from laws, ordinances and rules, and all pension relief, disability, workers compensation 

insurance and other benefits that apply to the activities of law enforcement personnel when 

performing their duties within the territorial limits of their employing agencies apply to them 

and to their employing agencies to the same degree and extent while the officers exercise 

authority under this agreement. 

11. Liability and Indemnification. It is understood that this Agreement for mutual aid shall 

constitute the sole consideration for all requested assistance and during the course of rendering 

aid the use of personnel or equipment of each party shall be at the risk of that party. Each party 

hereto shall protect its own employees performing under this Agreement by adequate workers 

compensation insurance or self-insurance. Each party hereto shall obtain and maintain in full 

force and effect adequate public liability and property damage insurance or self-insurance to 

cover claims for injury to persons or damage to property arising from the performance of this 

Agreement. Each jurisdiction shall be responsible for the acts of its own employees. 

Each party, as the employing agency, hereby agrees to indemnify and hold harmless all other 

parties and their officers, agents and employees from and against any and all loss, damages, 

injury, liability suits and proceedings however caused, arising directly or indirectly out of any 

action or conduct of the employing agency’s personnel in the exercise or enjoyment of this 

agreement, subject to the following provisions and limitations: 

a) Generally. Except as provided herein, liability for any and all loss, damages, injury, 

liability suits and proceedings however caused, arising directly or indirectly from the 

provision of mutual law enforcement assistance in accordance with this agreement shall be 

allocated in accordance with ORS 190.476 and/or RCW 10.93.040; 

b) Special Law Enforcement Units. Notwithstanding the prior delegation of general 

supervisory control over personnel in special law enforcement units to an incident 

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commander, incident coordinator or other authorized representative, the duty to indemnify 

and hold harmless shall remain with the party which is the employing agency of such 

personnel, except as provided below. 

c) Claims Involving Unauthorized Intentional Conduct. The duty to defend or indemnify, 

established herein, shall not extend to liability alleged or found to have arisen out of bodily 

injury to persons or damage to property caused by or resulting from the unauthorized 

intentional conduct of personnel of any other party. 

d) Claims Involving Sole Conduct of Person or Party. The duty to defend or indemnify, 

established herein, shall not extend to liability alleged or found to have arisen out of bodily 

injury to persons or damage to property caused by or resulting from the sole acts, omissions 

or negligence of personnel of any other party. 

e) Claims Involving Concurrent Conduct. The duty to defend or indemnify, established 

herein, shall extend to liability for damages alleged or found to have arisen out of bodily 

injury to persons or damage to property caused by or resulting from the concurrent acts, 

omissions or negligence of personnel of the parties only to the extent of the actual 

negligence of such personnel. Notwithstanding the existence of related liability claims 

against other parties, as to claims of concurrent liability, the duty to defend and indemnify 

shall extend to the party whose personnel’s actual conduct, act or omission is agreed by the 

parties or later determined to have been the direct cause of the injury to persons or damage 

to property which is the subject matter of the claim. 

f) Claims by Personnel of Party. Each party shall indemnify and hold harmless the other 

parties for liability for damages alleged or found to have arisen out of bodily injury to its 

personnel arising directly or indirectly out of the exercise or enjoyment of authority under 

this agreement. As to such claims against any other party, its officers or agents, each of the 

parties to this agreement specifically and expressly waive any immunity that may be 

granted them under the workers’ compensation laws of the States of Oregon or 

Washington. 

g) Property of the Parties. No party to this master agreement shall be allocated to reimburse 

in the other party for use of personnel or equipment, 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 Actions. If any party receives notice of claim, suit or action arising 

from the exercise or alleged exercise of authority under this Agreement, such party shall 

promptly notify in writing the administrator designated by the board in accordance with 

paragraph 5, above, and/or all other parties who are or may be affected by such notice of 

claim, suit or action. 

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i) The indemnification requirements contained herein are subject to the limitations contained 

in the Oregon Constitution and the Oregon Tort Claims Act (ORS 30.260-.300). 

The indemnification provided herein shall include all costs of defending any suit, including 

attorney fees. 

12. Reporting. Any exercise of investigative authority under this agreement must meet the 

notification requirements set forth in paragraph 2, as well as the reporting requirements of ORS 

190.474 and/or RCW 10.93.030, as now enacted or hereafter amended. In addition, copies of 

reports relating to the exercise of authority shall be provided to the administrator designated 

by the Board. 

13. Media Relations. In the event the actual exercise or enjoyment of authority pursuant to this 

agreement results in a press conference, press release or other media relation involving any 

party, said party shall provide notice thereof, together with copies of briefings, releases or other 

similar documents, to the chief law enforcement officer or authorized representative of any 

other affected party. 

14. Termination. Any party herein shall have the right to terminate this agreement for any reasons 

whatsoever upon giving the other parties thirty (30) days written notice in advance of the date 

sought for such termination; PROVIDED, that the terms and conditions of this Agreement 

shall continue in full force and effect for the duration of any subsequent or subsequently 

amended mutual law enforcement assistance agreements to which this agreement applies on 

the date of notice of termination and, PROVIDED, that, as to such party, any obligation or 

liability arising directly or indirectly from an occurrence prior to the date sought for such 

termination shall not be excused and, PROVIDED FURTHER, that this agreement shall 

remain in full force and effect as to the remaining parties hereto so long as at least two parties 

remain active participants. 

15. Dispute Resolution. In the event of a dispute between any parties regarding the exercise or 

enjoyment of authority under this agreement, the dispute and options for its resolution shall be 

reviewed, first, by chief law enforcement officers and, second, by the designee of the governing 

or legislative body of the affected agencies. Any decision of the affected parties regarding their 

dispute shall be final as between those parties and shall be communicated in writing to the 

designated administrator of the Board. Any dispute, controversy or claim of breach arising out 

of or related to this agreement, which cannot be resolved by the affected parties, shall be 

referred, first, to the designated administrator and, second to the Board for mediation. The 

designated administrator or mediator(s) appointed by a majority of the Board shall review the 

dispute, controversy or claim and options for its resolution. Any action taken or decision made 

in informal consultation or mediation shall be subject to ratification by the governing or 

legislative body of the affected public agencies. Any dispute, controversy or claim of breach 

which cannot be resolved by mediation, shall be submitted to binding arbitration in accordance 

with the rules and procedures set forth in ORS Chapter 36 or RCW Chapter 7.04, as the case 

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may be, and the judgment or award rendered by the arbitrator may be entered in any court 

having jurisdiction thereof. 

16. Assignment/Subcontracting. No party to this agreement shall transfer or assign, in whole or 

in part, any right or obligation created under this agreement. 

17. No Third-Party Beneficiary. By execution of this agreement, the parties do not intend there 

be any third-party beneficiary of the rights or obligations created herein. 

18. Non-Discrimination. In the exercise and enjoyment of authority under this agreement, no 

party shall discriminate against any personnel because of age, sex, race, creed, religion, color, 

national origin, marital status, pregnancy, veteran status, any physical, mental or sensory 

disability, or actual or perceived sexual orientation. 

19. Notice. Any notices to be given under this agreement shall be sufficient when delivered, 

postage prepaid, and addressed (a) to the affected party or parties at the address(es) listed on 

their signature page of this agreement and (b) to the designated administrator at such address 

as he or she may from time to time provide to the parties. 

20. Waiver. No waiver by any party of any term or condition of this agreement, or prior 

agreements ratified hereby, shall be deemed or construed to constitute a waiver of any other 

term or condition or of any subsequent breach, whether of the same or different provision. 

21. Incorporation/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 1 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. 

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 preexisting agreement. In case of conflict between the terms of this agreement and the 

provisions of a pre-existing mutual law enforcement assistance agreement between two or 

more parties hereto, as to those parties the specific provisions of the pre-existing agreement 

shall control over this agreement. 

b) Subsequent Agreements. Subsequently Amended Agreements. Subject to paragraph 

24, below, all terms and conditions of this Agreement, shall control over inconsistent 

provisions of any subsequent mutual law enforcement assistance agreements or subsequent 

amendment to any mutual law enforcement assistance agreement between two or more 

parties hereto, Provided, However, that the parties may agree that specifically identified 

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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. 

23. Entire Agreement. This agreement, combined with the attached, incorporated and ratified preexisting mutual law enforcement assistance agreements, contains all of the agreements of the 

parties with respect to the subject matter covered or mentioned therein and no other prior 

agreements shall be effective to the contrary. 

24. Amendment. The provisions of this agreement and of the attached, incorporated and ratified 

pre-existing mutual law enforcement assistance agreements may be amended with the mutual 

consent of the parties or, in the case of pre-existing agreements, by the affected parties. 

However, no additions to, or alterations of, the terms of this agreement shall be valid unless 

made in writing and formally approved and executed by all of the parties hereto. 

25. Document Execution and Filing. By execution of this agreement, each party represents that 

it has authority to act and that it has submitted, or will submit, this agreement for review and 

filing as may be required by the laws of Oregon or Washington. 

26. Severability. If any section or part of this agreement is held by a court of competent 

jurisdiction to be invalid, such action shall not affect the validity of any other part of this 

agreement. 

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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 

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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. 

ii. Equipment costs. Equipment costs shall include all Contractor’s cost (e.g. 

maintenance, fuel depreciation). 

c) Departmental overhead costs. Department overhead shall include all administrative and 

support costs related to service operations and shall be proportionate to the direct cost of 

services. 

d) Interdepartmental 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 selfinsurance program by either including the program as an element of their indirect 

cost plans or by charging programs directly. The program shall be subject to 

actuarial review at least every five years and the annual internal charge shall 

represent an amount that maintains the program. 

e) Depreciation. The Contractor can recover the cost of replacing “booked” facility or 

equipment assets. The method of recovery will be determined by the agreements subject to 

this Master Interlocal Assistance Agreement. 

f) Revenue. If the Contractor receives revenues that offset direct, departmental overhead and 

interdepartmental indirect expenses, the revenues will be applied to the applicable expense 

category prior to the allocation of costs to the Government. 

g) Allocation of costs. The allocation of service costs must be based on one or more 

measurable factors, including but not limited to: 

i. The geographic size of the area to be serviced; 

ii. The population of the area to be serviced; 

iii. The assessed valuation of the area to be serviced; 

iv. The level of service to be delivered; 

v. Workload statistics or other relevant data bases. 

h) Reconciliation of 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 

Contractors budgeted appropriations for the service cost center with the Contractor’s actual 

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costs for the service cost center; said reconciliation to be made following the thirteenth 

month accounting period. In those circumstances where the Contractor’s year-end actual 

costs are less than the amount that was appropriated in the Contractors budget, the 

Government shall receive a monetary rebate for the cost of services within 30 days 

subsequent to the reconciliation date, or at the Government’s option, a credit for the cost 

of the subsequent year services. 

i. Calculation of the rebate/credit. The amount of the rebate or credit shall be based 

on the Government’s allocated share of the costs; e.g. if the Government’s allocated 

share of the Contractor’s cost center is twenty-five (25) percent, the Government 

shall be entitled to a rebate or credit equaling twenty-five percent of the difference 

between the Contractors budgeted appropriations for the cost center and the 

Contractors actual costs. 

i) Reconciliation of adopted budget with thirteenth month budget. There shall be a yearend reconciliation of the Contractor’s original adopted budget with Contractor’s budget as 

it exists following mid-year supplemental appropriations or other budget adjustments. Midyear legislative resolutions which adjust the Contractors budgeted cost center shall also 

adjust the Government’s service costs in accordance with the percentage allocation that 

was contractually agreed to; PROVIDED that the Government shall have the right to 

question the validity of those supplemental appropriations not directly related to the 

provision of Government services pursuant to Sections 3a through 3d of this agreement. 

i. Validity of supplemental appropriations. The Contractor shall provide the 

Government with a copy of all mid-year budget resolutions and associated staff 

reports. If the Government wishes to question the validity of all or of some part of 

a supplemental appropriation, the Contractor’s finance director and the 

Government’s finance director shall attempt to resolve the matter. If the 

Contractor’s finance director and the Government’s finance director are unable to 

resolve the matter. 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 change 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. 

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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. 

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 Contractor's 

budget, pursuant to Section 3 of this agreement. If service costs are based on the 

Contractor's actual monthly costs, payments shall be made within 30 days after receipt of 

the Contractor’s bill. If service costs are based on the Contractor's budget, the Government 

shall make four equal quarterly payments. The Contractor shall issue the bill by the 

fifteenth (15th) day of the month and payments by the Government shall be due within 

thirty (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. 

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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. 

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. 

ii. Definition of a computer as equipment. A computer, for the purpose of transfer 

as “equipment,” shall be comprised of the Central Processing Unit (CPU) plus a 

monitor, plus any keyboard, plus any associated peripherals. 

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________________________________ 

 

 

_____________________________________ 

_____________________________________ __________________________________ 

EXECUTED on the day and year first written below. 

CITY OF BATTLE GROUND, WASHINGTON 

Mayor 

Date: 

Clerk 

Address for Notice: 

Ron Johnson, Police Chief 

Battle Ground Police Department 

City of Battle Ground 

P.O. Box 3129 

Battle Ground, WA 98604 

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Approved as to form: 

City Attorney 
 

 ________________________________ 

 

 

_____________________________________ 

_____________________________________ __________________________________ 

EXECUTED on the day and year first written below. 

CITY OF CAMAS, WASHINGTON 

Mayor 

Date:

Clerk

Address for Notice: 

Don Chaney, Police Chief 

Camas Police Department 

City of Camas 

2100 N.E. 3rd Avenue 

Camas, WA 98607 

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Approved as to form: 

City Attorney
 

 

 

 

 

 

 

 

_____________________________________ _______________________________ 

_______________________________ 

________________________________ 

_____________________________________ __________________________________ 

EXECUTED on the day and year first written below. 

CLARK COUNTY SHERIFF 

Garry E. Lucas, Sheriff 

Date: ________________________________ 

Approved as to form: 

ARTHUR D. CURTIS 

Prosecuting Attorney 

Senior Deputy 

Address for Notice: 

Garry E. Lucas, Sheriff 

Clark County Sheriff’s Office 

Post Office Box 410 

Vancouver, WA 98666 

MASTER INTERLOCAL MUTUAL LAW 

ENFORCEMENT ASSISTANCE AGREEMENT - 22 of 24 

BOARD OF COUNTY 

COMMISSIONERS, Clark Co., WA 

Betty Sue Morris, Chair 

Judie Stanton, Commissioner 

Craig Pridemore, Commissioner 

ATTEST: 

Clerk to the Board 
 

 

 

_____________________________________ 

_____________________________________ __________________________________ 

EXECUTED on the day and year first written below. 

CITY OF LA CENTER, WASHINGTON 

Mayor 

Date: ________________________________ 

Clerk 

Address for Notice: 

Tim Hopkin, Police Chief 

La Center Police Department 

214 E. 4th 

La Center, WA 98629 

MASTER INTERLOCAL MUTUAL LAW 

ENFORCEMENT ASSISTANCE AGREEMENT - 23 of 24 

Approved as to form: 

City Attorney 
 

 

 

 

 

 

_____________________________________ 

_____________________________________ __________________________________ 

EXECUTED on the day and year first written below. 

CITY OF PORTLAND, OREGON 

Vera Katz 

Mayor 

Date: ________________________________ 

Clerk 

Address for Notice: 

Mark A. Kroeker 

Chief, Bureau of Police 

1111 S.W. 2nd Avenue 

Portland, OR 97204 

Approved as to form: 

Deputy City Attorney 

APPROVED AS TO FORM 

_______________________ 

CITY ATTORNEY 

MASTER INTERLOCAL MUTUAL LAW 

ENFORCEMENT ASSISTANCE AGREEMENT - 24 of 24 
MUTUAL LAW ENFORCEMENT ASSISTANCE AGREEMENT 

CONDUCTING VEHICULAR PURSUITS 

Battle Ground Police Department, Camas Police Department, Clark County 

Sheriff's Office, La Center Police Department, Ridgefield Police Department, 

Washougal Police Department, Washington State University, and Vancouver Police 

Department 

THIS MUTUAL LAW ENFORCEMENT ASSISTANCE AGREEMENT is 

entered into by and between the undersigned parties in order to set uniform guidelines for 

members who respond to calls for service and take courtesy reports for outside agencies. 

This Agreement is subject to all consistent terms and conditions of that certain 

Master Interlocal Mutual Law Enforcement Assistance Agreement ("Master Agreement") 

executed in 2010 by the parties, and recorded with the Clark County Clerk's Office under 

Recording Number 3379036, except as expressly provided herein. 

Therefore, for and in consideration of the following covenants, the parties agree 

as follows: 

Effective Date and Duration. This Agreement shall be effective from the date the 

Agreement is executed by at least two parties and shall renew automatically on the first 

day of each following January thereafter unless terminated in accordance with the 

provisions of the Master Agreement between the parties. 

Purpose and Function. The purpose of this Agreement is to establish guidelines and to 

identify expected behavior and guidelines for vehicular pursuits by law enforcement 

agencies in Clark County, Washington. 

Goals. 

1) To develop procedures and identify role expectations for pursuits within Clark 

County, and which may enter other jurisdictions, both within and outside of the 

jurisdictional boundaries of Clark County and its municipalities. 

2) To provide a framework for better management of interagency pursuits. 

3) To reduce the risk of injury to officer(s) and/or deputies, citizens, and damage to 

property. 

4) To reduce confusion between jurisdictions. 

Mutual Law Enforcement Assistance Agreement 

Conducting Vehicular Pursuits Page I of 17 

Updated January 20 I 7 
5) To provide law enforcement officers and/or deputies in Clark County and its 

municipalities guidelines for initiating, participating in and terminating vehicular 

pursuits. 

Definitions: 

Vehicular Pursuit: An active attempt by an officer and/or deputy in an emergency 

vehicle to apprehend a fleeing suspect in a motor vehicle who is actively attempting 

to elude apprehension. The officer and/or deputy must have a reasonable suspicion 

that the subject is aware ofthe officer and/or deputy's attempt to stop the vehicle. 

Emergency Vehicle: A vehicle of this department equipped with at least one lamp 

capable of displaying a red, blue, or red/blue combination light visible from at least 

five hundred feet in normal sunlight and a siren capable of giving an audible signal. 

Attempt to elude: Any driver of a motor vehicle who willfully fails or refuses to 

immediately bring their vehicle to a stop and who drives their vehicle in a reckless 

manner while attempting to elude a pursuing police vehicle, after being given a visual 

or audible signal to bring the vehicle to a stop, shall be guilty of a class C felony. The 

signal given by the police officer may be by hand, voice, emergency light, or siren. 

The officer giving such a signal shall be in uniform and the vehicle shall be equipped 

with lights and sirens. 

Primary pursuit unit: The police unit which initiates a pursuit, or any unit which 

assumes control of the pursuit, and has the responsibility of attempting to stop a 

fleeing vehicle. 

Support pursuit unit(s): Any police vehicle that becomes involved as a backup to the 

primary pursuit unit. 

Pursuit Supervisor: Any officer or deputy with supervisory rank actively engaged in 

the pursuit; the highest ranking officer will assume the pursuit supervisor position. 

Originating Agency: The representative agency of the officer and/or deputy that 

originates the pursuit. 

Receiving Agency: The agency having primary law enforcement responsibility within 

the jurisdiction the pursuit travels to. 

Barricade: The intentional blocking of a roadway, by any means, to stop a vehicle 

being pursued. 

Boxing in: The placement of a police vehicle into the path or potential path of a 

vehicle with the intent of slowing and stopping the vehicle or keeping the vehicle 

stopped. 

Mutual Law Enforcement Assistance Agreement 

Conducting Vehicular Pursuits Page 2 of 17 

Updated January 2017 
Ramming {deliberate): Using a police vehicle to purposely cause forceful contact 

with another vehicle in order to bring that vehicle to a stop. 

Spike Strips: A strip ofbelting containing specially designed hollow spikes which 

penetrates tires, thereby slowly deflating a tire(s). 

Pursuit Immobilization Technique: A forced rotational vehicle stop of a noncompliant suspect in an effort to end the suspect's flight. 

Policy. 

It is the policy of this interagency agreement to be subservient to individual department 

pursuit policies. 

1) The primary considerations when determining whether to initiate, continue or 

terminate a vehicular pursuit are public safety and the safety of officer and/or 

deputies. All personnel shall balance the necessity for immediate apprehension 

against the danger to life and property inherent in pursuit situations. 

2) Officers and/or deputies are authorized to engage in vehicular pursuits in the 

following circumstances: 

a) The suspect(s) poses an immediate or future threat of death or serious bodily 

injury to officers or to the public. 

b) When the officer and/or deputy has a reasonable suspicion that the driving 

conduct is so outrageous that failure to apprehend the driver will endanger the 

driver of the suspect vehicle, the officer and/or deputy or members of the public, 

including occupants of the suspect vehicle. The officer and/or deputy must have 

this suspicion prior to the initiation of the stop. 

c) When the officer and/or deputy has a reasonable suspicion that the offense of 

driving while intoxicated where the driving of the subject prior to the attempted 

stop already presents an intolerable risk of injury or death to person(s) other than 

the subject. 

d) When the officer and/or deputy has a reasonable suspicion that a domestic 

violence assault is occurring within the suspect vehicle. 

e) Where a violent felony has been committed, or the officer and/or deputy has a 

reasonable suspicion that a violent felony will be committed if the subject is 

allowed to escape, even if the subject is known and could be apprehended by a 

warrant at a later date. 

Mutual Law Enforcement Assistance Agreement 

Conducting Vehicular Pursuits Page 3 of 17 

Updated January 2017 
j) Pursuits other than those authorized by this policy and procedure are specifically 

prohibited. 

3) Officers and/or deputies will take specific actions when initiating a pursuit. 

a) Officers and/or deputies are able to articulate that the necessity to immediately 

apprehend the fleeing suspect(s) outweighs the risk to life and property inherent in 

pursuit situations. 

b) When deciding whether to initiate a pursuit, officer and/or deputies scrutinize 

property crimes more closely than violent crimes. Property crimes alone do not 

constitute justification for a pursuit barring extraordinary circumstances. 

Examples of extraordinary circumstances include, but are not limited to, the 

display of a weapon, or any situation where the suspect's actions constitute a 

threat to citizen or public safety. The extraordinary circumstance must be present 

prior to the time that a pursuit is initiated. In the event that a stolen vehicle flees, 

a pursuit is not authorized ifthe only factor involved is the crime of vehicle theft, 

or possession of a stolen vehicle. Officers and/or deputies engaged in pursuing a 

stolen vehicle must be able to articulate other permissible factors justifying the 

pursuit of the stolen vehicle. 

c) Officers and/or deputies shall consider a number of factors when deciding 

whether to initiate a pursuit including, among others, the safety of the public in 

the area, the safety of the pursuing officers and/or deputies and the conditions of 

the pursuit. 

4) Officers and/or deputies will follow specific guidelines during vehicular pursuits 

a) The primary pursuit unit initiates a pursuit and has responsibility for attempting to 

stop the fleeing vehicle and/or terminate the pursuit within guidelines. 

b) The support pursuit unit(s) provide backup to the primary pursuit unit 

c) Officers and/or deputies who are on duty but are not actively involved in the 

pursuit do not engage in the pursuit unless specifically assigned to do so by a 

supervisor. Officers may take action to increase the safety of the community by 

stopping cross traffic ahead of the pursuit. 

d) On duty supervisory personnel have the primary responsibility to be aware of 

pursuits and to assume command responsibility for the monitoring and control of 

the pursuit as it progresses. 

5) Officers and/or deputies engaged in a vehicular pursuit will drive with due regard for 

the safety of themselves and all other persons within the pursuit area. 

Mutual Law Enforcement Assistance Agreement 

Conducting Vehicular Pursuits Page 4 of 17 

Updated January 2017 
a) Officers and/or deputies are not to engage in pursuits with a non-commissioned 

passenger in the vehicle such as a prisoner, suspect, complainant, witness or 

citizen rider. 

b) Officers and/or deputies are not to engage in pursuit techniques that require the 

officer and/or deputy to drive in the opposing or wrong direction on a freeway or 

divided highway. 

c) Officers and/or deputies are not to attempt to pull alongside a fleeing vehicle and 

intentionally attempt to force it into any obstacle. 

d) Officers and/or deputies are not to direct the spotlight at the direct vision of the 

suspect or at the windshield or side windows of a suspect vehicle while in motion. 

Directing the spotlight from behind into the back of the suspect vehicle to aid in 

identifying occupants may be utilized. 

6) Personnel operating unmarked or special purpose vehicles are authorized to engage in 

vehicular pursuits when: 

a) The vehicle is equipped with at least one lamp capable of displaying a red, blue, 

or a red/blue combination light visible from at least five hundred feet in normal 

sunlight and a siren capable of giving an audible signal. 

b) The officer and/or deputy operating the pursuit vehicle is in uniform, or if not in 

uniform, they may pursue until a marked unit becomes available. 

c) The vehicle being pursued is being operated by a fleeing suspect who represents 

an immediate and direct threat to life. 

d) All other requirements of this policy can be met. 

e) When a marked vehicle becomes available to take over the pursuit, the unmarked 

vehicle assumes the position of a support pursuit unit until a second marked unit 

arrives. At that time, the unmarked vehicle may assume the position of the third 

support pursuit unit for purposes of tactical vehicle intervention or for officer 

and/or deputy safety purposes should the pursuit be terminated and the suspect 

vehicle stopped. 

7) Personnel operating motorcycles are authorized to engage in pursuits when: 

a) The motorcycle is equipped with at least one lamp capable of displaying a red, 

blue, or red/blue combination light visible from at least five hundred feet in 

normal sunlight and a siren capable of giving an audible signal. 

b) The vehicle being pursued is being operated by a fleeing suspect who represents 

an immediate and direct threat to life. 

Mutual Law Enforcement Assistance Agreement 

Conducting Vehicular Pursuits Page 5 of 17 

Updated January 2017 
c) Weather, road and related conditions allow. 

d) All other requirements of this policy can be met. 

e) The motorcycle terminates involvement in the pursuit when at least two fourwheeled vehicles become primary and support units in the pursuit. 

8) Personnel are authorized to use pursuit intervention techniques to control a pursuit, to 

reduce risks associated with the pursuit and/or to bring a pursuit to a conclusion. 

a) Pursuit intervention techniques are considered a use of force and may be deadly 

force. Officers and/or deputies will use pursuit intervention techniques in 

accordance with their department's policy. 

b) Officers and/or deputies are authorized to use pursuit intervention techniques only 

after receiving training and are certified in the specific technique used. 

c) Prior to the deployment of any pursuit intervention technique, all officers and/or 

deputies actively engaged in the pursuit shall be communicating on the same radio 

frequency and shall communicate their actions on air prior to deployment. 

d) The following are authorized techniques: 

i) Pursuit Immobilization Technique (PIT) to stop and apprehend a fleeing 

suspect whose actions indicate a disregard for the safety of the public and 

police officer and/or deputies. 

ii) Tire Deflation Devices (Spike Strips) alone or in conjunction with other 

pursuit intervention techniques only after the supervisor in command ofthe 

pursuit is notified of the intended use of spike strips. 

iii) Intentional Intervention (Ramming) is authorized only when there is a 

necessity to stop the suspect by using deadly force in order to protect officers 

and/or deputies and the public. 

9) Officers and/or deputies and/or supervisors may terminate pursuits under any one of 

the following circumstances: 

a) Any officer, deputy or supervisor involved in the pursuit reasonably believes that 

the risks associated with continued pursuit are greater than the risks to the public 

associated with the suspect remaining at large. 

b) The suspect's identity has been established and immediate apprehension is not 

necessary to protect the public or officer and/or deputies. 

Mutual Law Enforcement Assistance Agreement 

Conducting Vehicular Pursuits Page 6 of 17 

Updated January 2017 
c) The pursuit vehicle's location is no longer known. 

d) Weather or traffic conditions substantially increase the danger of pursuit beyond 

the worth of apprehending the suspect. 

e) The distance between the pursuit and fleeing vehicles is so great that further 

pursuit is futile. 

f) If a pursuit travels outside ofthe boundaries of the initiating agency, another 

agency accepts responsibility for the pursuit or communicates refusal to accept 

responsibility. 

g) If an accident occurs in the pursuit with an uninvolved citizen and there are no 

other police or medical personnel readily available. 

I 0) Vehicular pursuits traveling into other Washington jurisdictions. 

a) Officers and/or deputies involved in a pursuit traveling outside oftheir 

jurisdictional limits will contact CRESA to request assistance from the 

appropriate jurisdiction. 

b) The originating agency will provide CRESA with the reason for the pursuit, and 

provide location, direction of travel, and vehicle/suspect description as soon as 

possible. 

c) The receiving agency will advise as soon as possible what role they will assume 

(engagement, supervisory control, or perimeter support). 

d) The primary and two additional support pursuit units continue in direct pursuit 

until the receiving agency is capable of accepting responsibility. 

e) Once the receiving agency assumes the primary and support pursuit units, all 

involved original units will terminate the pursuit. One original unit may continue, 

obeying all traffic regulations, to the ultimate stop to assist in the establishment of 

probable cause for enforcement action against the offending driver. 

f) Ifthe receiving agency does not have a support unit, the original primary unit will 

remain in the pursuit as a support unit. 

g) Involved units will monitor the pursuit on their vehicle radio until their part in the 

pursuit is terminated. 

h) Ifthe receiving agency refuses to accept responsibility for the pursuit, the 

originating agency may choose to continue to assume responsibility for the 

pursuit and continue the pursuit. If the receiving agency chooses to terminate the 

Mutual Law Enforcement Assistance Agreement 

Conducting Vehicular Pursuits Page 7 of I 7 

Updated January 2017 
pursuit due to a known public safety concern (i.e. community event, road closure, 

construction) then all involved units will terminate the pursuit. 

i) Following conclusion ofthe pursuit, the primary/originating agency supervisor 

will communicate with the receiving agency. 

11) Vehicular pursuits into the State of Oregon are authorized only if the subject being 

pursued has committed a felony or is reasonably suspected of having committed a 

felony or a violation of another state law relating to driving while intoxicated, or 

driving under the influence of drugs or alcohol. 

a) The primary or support pursuit unit, whichever unit is transmitting locations and 

directions to dispatch, will notify CRESA when the pursuit appears that it is going 

into Oregon. 

b) Dispatch will notify the appropriate Oregon agency of the pursuit and the talk 

group being used. 

c) Once the Oregon agency assumes primary and support pursuit units, all involved 

Washington units will terminate the pursuit. One original unit may continue, 

obeying all traffic regulations, to the conclusion point ofthe pursuit to assist in 

the establishment of probable cause for enforcement action against the offending 

driver. 

d) If the receiving agency does not have a support unit, the primary unit will remain 

in the pursuit as the support unit. 

e) If the Oregon agency refuses to accept responsibility for the pursuit or terminates 

the pursuit, all involved units will terminate the pursuit. 

f) Following conclusion of the pursuit, the primary/originating agency supervisor 

will communicate with the receiving agency. 

12) Caravanning: A maximum ofthree (3) units, regardless of combination of 

departments, shall be engaged in a pursuit. (Exceptional circumstances authorized by 

a supervisor may warrant an exception to this restriction, ie., multiple dangerous 

suspects, shots fired, armed robbery) 

13) All vehicular pursuits will be documented and reviewed consistent with the 

guidelines and policies of all involved agencies. 

a) The primary pursuit unit and support unit(s) officer and/or deputies will complete 

written reports detailing the pursuit. 

b) The supervisor in command ofthe pursuit will complete a supervisor's pursuit 

report. 

Mutual Law Enforcement Assistance Agreement 

Conducting Vehicular Pursuits Page 8 of 17 

Updated January 2017 
c) All pursuit reports will be reviewed in accordance with the review policies of the 

involved agencies. 

Choice of Law. 

The parties agree that, in connection with their activities under the Interlocal Agreement, 

they shall comply with all applicable federal, state, and local laws or regulations and, 

further, that this Mutual Law Enforcement Assistance Agreement shall be construed 

according to the laws of the State of Washington. 

Mutual Law Enforcement Assistance Agreement 

Conducting Vehicular Pursuits Page 9 of 17 

Updated January 2017 
--------------

EXECUTED on the day and year first written below. 

CITY OF CAMAS, WASHINGTON 

Mitch Lackey, Police Chief 

Date: 

Scott Higgins, Mayor 

Date: 

Clerk 

Address for Notice: 

MITCH LACKEY, Police Chief 

Camas Police Department 

City of Camas 

2100 N.E. 3rd Avenue 

Camas, WA 98607 

Mutual Law Enforcement Assistance Agreement 

Conducting Vehicular Pursuits Page 10 of 17 

Updated January 2017 

Approved as to form: 

City Attorney 
EXECUTED on the day and year first written below. 

CLARK COUNTY SHERIFF 

Chuck E. Atkins, Sheriff 

Date: 

Approved as to form: 

TONY GOLIK 

Prosecuting Attorney 

Senior Deputy 

Address for Notice: 

CHUCK E.ATKINS, Sheriff 

Clark County Sheriffs Office 

Post Office Box 410 

Vancouver, WA 98666 

BOARD OF COUNTY 

COUNCILORS, Clark Co., WA 

Marc Boldt, Chair 

Jeanne Stewart, Councilor 

Julie Olson, Councilor 

John Blom, Councilor 

Eileen Quiring, Councilor 

ATTEST: 

Clerk to the Board 

Mutual Law Enforcement Assistance Agreement 

Conducting Vehicular Pursuits Page 11 of 17 

Updated January 2017 
---------------

---------------

EXECUTED on the day and year first written below. 

CITY OF VANCOUVER, WASHINGTON 

James McElvain, Police Chief 

Date: 

Eric Holmes, City Manager 

Date: 

Clerk 

Address for Notice: 

JAMES MCELVAIN, Police Chief 

Vancouver Police Department 

City of Vancouver 

P.0. Box 1995 

Vancouver, WA 98668 

Mutual Law Enforcement Assistance Agreement 

Conducting Vehicular Pursuits Page 12 of 17 

Updated January 2017 

Approved as to form: 

City Attorney 
--------------

--------------

EXECUTED on the day and year first written below. 

CITY OF WASHOUGAL, WASHINGTON 

Ron Mitchell, Police Chief 

Date: 

Sean Guard, Mayor 

Date: 

Clerk 

Address for Notice: 

RON MITCHELL, Police Chief 

Washougal Police Department 

City of Washougal 

1320 A Street 

Washougal, WA 98671 

Mutual Law Enforcement Assistance Agreement 

Conducting Vehicular Pursuits Page 13 of 17 

Updated January 2017 

Approved as to form: 

City Attorney 
--------------

--------------

EXECUTED on the day and year first written below. 

CITY OF BATTLE GROUND, WASHINGTON 

Bob Richardson, Police Chief 

Date: 

Jeff Swanson, City Manager 

Date: 

Clerk 

Address for Notice: 

BOB RICHARDSON, Police Chief 

Battle Ground Police Department 

City of Battle Ground 

507 SW 1

st Street 

Battle Ground, WA 98604 

Mutual Law Enforcement Assistance Agreement 

Conducting Vehicular Pursuits Page 14 of 17 

Updated January 2017 

Approved as to form: 

City Attorney 
--------------

--------------

EXECUTED on the day and year first written below. 

CITY OF RIDGEFIELD, WASHINGTON 

John Brooks, Police Chief 

Date: 

Steve Stuart, City Manager 

Date: 

Clerk 

Address for Notice: 

JOHN BROOKS, Police Chief 

Ridgefield Police Department 

City ofRidgefield 

116 North Main A venue 

Ridgefield, WA 98642 

Mutual Law Enforcement Assistance Agreement 

Conducting Vehicular Pursuits Page 15 of 17 

Updated January 2017 

Approved as to form: 

City Attorney 
--------------

EXECUTED on the day and year first written below. 

CITY OF LA CENTER, WASHINGTON 

Marc Denney, Police Chief 

Date: 

Greg Thornton, Mayor 

Date: 

Clerk 

Address for Notice: 

MARC DENNEY, Police Chief 

La Center Police Department 

City of La Center 

105 W 5th Street 

La Center, WA 98629 

Mutual Law Enforcement Assistance Agreement 

Conducting Vehicular Pursuits Page 16 of 17 

Updated January 2017 

Approved as to form: 

City Attorney 
--------------

--------------

EXECUTED on the day and year first written below. 

WASHINGTON STATE UNIVERSITY 

Dave Stephenson, Lieutenant 

Department of Public Safety 

Date: 

Dean 

Date: 

Clerk 

Address for Notice: 

DAVE STEPHENSON, Lieutenant 

Department of Public Safety 

Washington State University 

14204 N.E. Salmon Creek Avenue 

Vancouver, WA 98686 

Approved as to form: 

Attorney 

Mutual Law Enforcement Assistance Agreement 

Conducting Vehicular Pursuits Page 17 of 17 

Updated January 2017 
,. 

Exhibit C 

Exhibit C 

03.10.090 CALL RESPONSE OVERVIEW. 

Specific unit deployment for response to service cans is a shared responsibility of dispatchers 

and field supervisors. 

Call prioritization demands that dispatch personnel be given considerable discretion and 

responsibility. Each call must be evaluated separately and assigned a priority ranking in relation 

to the entire patrol workload. Dispatchers and patrol supervisors must look at the total 

circumstances surrounding the call and plan an appropriate response. 

Calls for service will be cancelled (such as by QI) by a supervisor/sergeant, or by a deputy 

with supervisor/sergeant approval only. Groups or types of calls related to a time specific 

occurrence, such as fireworks complaints on New Year's Eve or the 4th of July, may be approved 

for cancellation via pre-arranged approval by a supervisor/sergeant. 

03.10.091 CALL RESPONSE - PRIORITY I - II. 

Priority I calls are time critical requests involving situations where the presence of police 

officers is needed to interdict criminal activity and/or protect citizens. Also considered Priority I 

calls would be order maintenance and disturbance calls that would lead to violence or property 

destruction as well as medical emergencies. These are time critical calls where an officer can 

take some kind of prevention, deterrence or apprehension action or provide some other 

emergency services. In addition, officer involved situations which have use or threatened use of 

force implied against an officer(s), emergency officer assistance calls, serious felony or violent 

misdemeanor arrest situations and resistance to arrest of fleeing suspect situations can also be 

categorized as Priority I - II calls. 

Calls of this type should be dispatched as soon as possible. If the district car is unavailable, 

the closest available unit should be dispatched. The closest available cover units should be 

utilized. This procedure shall be consistent for all beats including rural. 

In response to Priority I calls, a minimum of two units will be assigned to respond. All units 

with an FTO and a trainee shall be considered a double unit for the purpose of determining the 

need for additional cars. The shift supervisor shall have the authority to make exception to this 

policy in individual cases in which he is able to justify his decision. Discretion is also 

appropriate when suspects are gone and only one unit may be appropriate. 

03.10.092 CALL RESPONSE - PRIORITY III - IV. 

Priority III - IV cans are classified as those requiring a poiice response but where time is not a 

critical element. This type of call will include incidents that are not in progress and when an 

extended period of time has elapsed between the incident occurrence and notification of the 

police. Most cold auto thefts, burglary, and malicious mischief type calls would be classified as 

either Priority III or IV. Some judgment and discretion is necessary in regard to crimes against 

persons especially when injury has occurred. 

Calls of this type may be held until the district car is free. When there is a delay, it is the 

important to fully inform the citizen as to the likely time of response. Studies have proven 

increased citizen satisfaction when units arrive when dispatchers say they will regardless of the 

dispatched delay. 

If a call has held for more than one hour, the on-duty supervisor should be notified. The 

supervisor may choose to reassign the call or continue to hold it. If a citizen is informed of a 
likely time of response and that time can't subsequently be met, the dispatcher or the supervisor 

should make subsequent telephone contact to explain the delay and reschedule a response time. 

In response to Priority III or IV cails, one unit (one officer) wiII be assigned unless in the 

discretion ofthe dispatcher or field supervisor a need for additional officers is perceived. 

03.10.093 CALL RESPONSE - PRIORITY V. 

Priority V cans encompass a wide range of requests that are not time critical, do not require a 

police response but do require some police action. Requests of this type include cans where no 

suspects or evidence are available, minor burglaries, and property crimes. Other types of service 

which would be handled through counseling or referrals would also be considered Priority V 

cans. 

Most Priority V cans can be referred to the deputy working desk duty at Sheriffs Office 

precincts. If the person is insistent that a deputy be sent, the caII wiII be referred to the on-duty 

field supervisor. In such cases, one unit wiII be sufficient. 

03.10.094 ROUTINE DISPATCHES. 

Requests from agencies for routine area checks, address drive-bys or other requests that 

require the dispatching of another jurisdiction without the presence ofthe requesting agency: 

A. WiII be taken via telephone when possible. A contact phone number wiII be obtained. 

B. Iftelephone contact from the requesting agency is not possible, aII pertinent information wiII 

be taken from the requesting agency via the radio. 

C. This information wiII be relayed (by telephone if possible) to the affected jurisdiction's onduty supervisor for evaluation and determination of dispatching of units. 

D. Ifthe affected jurisdiction's supervisor refuses the request, they wiII be notified to contact the 

requesting agency via the contact telephone number. 

E. If there is no phone contact possible, the dispatcher wiII relay a brief message to the 

requesting agency via radio, advising that the on-duty supervisor of the affected agency has 

denied the request. 

03.10.095 BACKUP REQUESTS. 

Requests for backup from another agency: 

A. WiII immediately be relayed via radio or telephone to the affected on-duty supervisor. 

B. AII pertinent information wiII be relayed, and immediate confirmation wiII be obtained. 

C. Unless otherwise directed by the supervisor, the dispatcher wiII send the closest available 

unit as the backup unit. 

EMERGENCY BACKUP REQUESTS 

Requests for emergency backup, ASAP backup, or Officer Needs Assistance requests wiII 

be: 

A. Honored immediately. 

B. Unless otherwise directed by the supervisor, the dispatcher wiII immediately send the closest 

available unit(s). 

C. The affected on-duty supervisor wiII be notified ofthe backup request as soon as possible. 

REQUEST FOR JOINT ASSISTANCE 
In the event a jurisdiction requests assistance from another agency in a non-emergency matter 

that involves both agencies, the dispatcher: 

A. Should take the information over the telephone when practical. 

B. After obtaining the necessary information for dispatching a unit, the on-duty supervisor will 

be apprised and will determine what response is appropriate. 

C. In the event that the supervisor grants the request, the requesting agency will have designated 

a meeting place near, but in no case at, the scene. 

D. The assigned unit(s) will be dispatched to the meeting location for full appraisal of the 

assistance prior to responding to the scene. 

03.10.096 RESPONSE PROTOCOL. 

A. On routine cold calls for service, it shall be the policy of our departments that the department 

established to have jurisdiction, as determined by dispatch, shall respond to take any 

necessary police action. 

B. When dispatched to a call for service, the officer shall make a determination ofjurisdiction. 

If, upon contact, the incident is determined to have occurred in another jurisdiction, the 

following shall occur: 

1. If the incident is a cold report with no suspects, the officer shall take a courtesy report, 

forwarding a copy of the report to the department with jurisdiction. 

2. In all major felony investigations, such as Rape, Robbery, Kidnap, Assault I and II, and 

Arson, where jurisdiction is determined to rest with another department, the officer will 

assist the victim in making contact with the department having jurisdiction. 

3. If, in the officer's judgment, immediate follow-up or investigation is required, he will 

facilitate contact between the agency with jurisdiction and the victim, and will provide 

further assistance as needed. 

C. In all major investigations where criminal acts are determined to have occurred in two or 

more jurisdictions, both departments will jointly cooperate in the investigation, arrest, and 

prosecution of any suspects identified in the investigation. 

D. Victims will often make in-person contacts at police agencies for the reporting of 

crimes. The victim will be referred to the agency having jurisdiction over the reported crime, 

unless immediate police action is required. 
Exhibit D EXHIBITD 

COMPENSATION 

The Tribe shall pay the County for performing said services 60 days upon receipt of a written 

invoice according to the fee for service schedule attached hereto and incorporated herein as 

Exhibit "D", as follows: 

1. Clark County Sheriff's Office Services 

Calls to reservation: Annual payment $250,000 to be paid in two installments. The Tribe 

will pay $125,000 with 30 days of entry ofthis Agreement, and will pay the remaining $125,000 

on or before September 1, 2017. 

2. Clark County Sheriff's Office Services 

Jail beds: $83.29 per person/per day to be billed monthly 

3. Clark County Prosecuting Attorney's Office Services 

Misdemeanors: $380.00/per filed case 

Felonies: $3200.00/per filed case 

4. Clark County Court Services 

District Court: 

Traffic Infraction: $32.11 

Non-Traffic Infraction: $27.29 

Parking Infraction: $10.51 

DUI: $403.73 

Other Criminal Traffic: $240.50 

Criminal Non-Traffic: $170.82 

(misdemeanor) 

Supervision: $2.52 

Work Crew: $93.30 

Interview (Pre-trial): $38.99 

Superior Court: 

TBD 

Juvenile Services: 

TBD 

Indigent Defense: 

Page I of2 
Misdemeanors: $272.00/per filed case 

Felonies: $800/per filed case 

Page 2 of2 
Exhibit E 

Cowlitz Indian Tribe 

Tribal Council 

Ordinance No. 07-02 

Short Title: Environment, Public Health and Safety Protections for the 

Construction and Operation of the Cowlitz Indian Tribe Gaming Facility 

WHEREAS, the Cowlitz Indian Tribe is Acknowledged as a Sovereign Nation by the United St'ltes 

Go\'crrunent; and 

WHEREAS, the Cowlitz Indian Tribe as a Sovereign Tribal Government has the ability to enter 

into agreements with other governments, including state and local governments, in furtherance of n 

government-to-government relationship; and 

WHEREAS, the Tribal Council is the governing body of the Cowlitz Indian Tribe as authorized by 

the Tribe's Constitution and By-laws; and 

WHEREAS, the Tribal Council wishes to ensure that the mitigation measures to which the Cowlitz 

Indian Tribe committed itself in its March 2, 2004 Memorandum of Understanding with Clark 

County, Washington (MOU) are implemented and fully enforceable by Clark County, regatdless of 

whether the MOU is ultimately determined to be valid by a court of competent jurisdiction; and 

WHEREAS, the provisions in the following Environment, Public Health and Safety Protection 

Ordinance arc equivalent to the mitigation provisions contained in the MOU; and 

WHEREAS; the following Environment, Public Health and Safety Protection Ordinance prO\•ides 

for enforcement of such provisions through a waiver of the Cowlitz Indian Tribe's sovereign 

immunity for the limited purpose of allowing Clark County to instigate a suit against the Tribe for 

specific performance which, by its own terms, is irrevocable for the life of the Tribe's proposed 

gaming development on the Tribe's trust land in Clark County, Washington; 

NOW THEREFORE BE IT ENACTED by the Tribal Council of the Cowlitz Indian Tribe, the 

following Ordinance entitled "Environment, Public Health and Safety Protections for the 

Construction and Operation of the Cowlitz Indian Tribe Gaming Facility": 

Section 1. Applicability 

The requirements of this Ordinance apply specifically and only to the construction 

and operation of the Cowlitz Indian Tribe's gaming facility in Clark County, 

Washington. 

Section 2. Limited Waiver of Sovereign Immunity /Choice of Law; 

Term ofEffectiveness and Irrcvocability of Ordinance 
(A) Limited Waiver of Sovereign Immunity/Choice of Law: The Cowlitz 

Indian Tribe (the Tribe) hereby consents to suit against it by Clark County, State 

of Washington (Clark County or the County), for the limited purpose of allowing 

Clark County to instigate an action pursuant to Washington state law for the 

specific performance of the cn\'ironment, health and safety mitigntion obligations 

to which the Cowlitz Indian Tribe has committed itself in this Ordinance. The 

County may bring such an action only after the County has exhausted its 

administrative remedies to obtain such specific performance pursuant to Section 

4 of this Ordinance. This limited waiver of sovereign immunity is limited to 

actions brought by Clark County in the state court system of the State of 

Washington, and shall not be construed as extending to any other individuals, 

governmental entities or third parties. 

(B) Tenn of Effectiveness and lrrevocability: The Tribe shall not revoke or 

modify the waiver of sovereign immunity provision in subsection (A) of this 

Section, or the environment, health and safety mitigation provisions in Section 3 

of this Ordinance throughout the entire life of the Tribe's proposed gaming 

development on the Tribe's trust land in Clark County, Washington. The Tribe 

acknowledges that any effort to revoke or modify the waiver of sovereign 

immunity described above in subsection (A) by future tribal administrations 

during this time period may itself be subject to an action by the County for 

specific performance. 

Section 3. Environment, Health and Safct;y Mitigation Provisions 

(A) Law Enforcement: 

(1) The Cowlitz Indian Tribe shall enter into a comprehensive agreement with Clark 

County governing law enforcement on the Tribe's trust land in Clark County. Such 

agreement shall include at least the following provisions: 

(a) The Tribe shall enter into an agreement to reimburse the Clark County 

Sherifrs Office for all reasonable direct and indirect costs incurred in 

conjunction with the furnishing of law enforcement on the Tribe's trust land 

in Clark County, to the extent that such costs arc not otherwise covered by 

payments made by the Tribe pursuant to any Class III tribal-state gaming 

compact entered into between the Tribe and the State pursuant to the federal 

Indian Gaming Regulatory Act (IGRA), including payments required by 

Impact Mitigation Fund provisions. 

(b) The Tribe shall make the reimbursement agreed upon by the Tribe and 

the Clark County Sheri.frs Office as described in Subsection (A)(1)(a), and 

shall make annual adjustments thereto as agreed by the Tribe and the 

Sherifrs Office based upon: 

(~ actual costs of the prior year's calls for service or estimates for the first 

year's service; 

(ii) a future work load analysis based on historic calls for service related 

directly or indirectly from the use of the Tribe's trust land; 

(iii) indirect calls stemming from the use of the Tribe's trust land; 

2 
.. J. 

(iv) development and expansion of a casino security force and its impact on 

the level oflaw enforcement required to be provided by the Sheriff; and 

(v) any proposed ch11.nges or expansion of use of the Tribe's trust land 

contemplated for the upcoming year. 

(c) The Tribe consents to the entry of Clark County Sherrifrs officers onto 

the Tribe's trust lnnd and into any structures thereon for the purposes of 

providing law enforcement services. 

{d) If the Tribe creates a tribal security force, the Tribe will invite Clark 

County to assist the Tribe with the cross training rcqui.ced to pro,•ide a 

smooth and effective working relationship. The Tribe will invite the Sherifrs 

Office to review written policies and guidelines for Tribal security personnel 

as well as expectations for Tribal security offices to interface effectively and 

smoothly with the Sheriffs Office. 

(2) If the Tribe and the County or the Sheriffs Office arc unable to reach 

agreement regarding the provision of law enforcement services for the Tribe's trust 

lands, as described above in Subsection (A)(l}, the Tribe will establish its own Tribal 

law enforcement services, which will provide law enforcement services for the 

Tribe's trust land consistent with the levels of service anticipated to be provided by 

the Clark County Sheriff's Office. 

(B) Prosecution of Criminal Violations, Court and Jail Services: 

(1) The Cowlitz Indian Tribe shall allow the Clark County Prosecuting Attorney's 

Office to conduct all prosecutions in state court ofindividuals for violations of the 

law on the Tribe's trust land for which the State or County has jurisdiction, ,vithout 

regard to whether the charges are filed against Indians (including Tribal members), or 

non-Indians, until and unless the Tribe establishes a tribal court system. The Tribe 

recognizes that prosccutorial discretion and strategy shall be exclusively within the 

discretion of the Clark County Prosecuting Attorney's Office. If and when the Tribe 

establishes a tribal court system, the Cowlitz tribal courts shall exercise jurisdiction 

over lncwins for violations of law on the Tribe's trust lands, in accordance with 

federal or tribal law. 

(2) The Tribe shall enter into an agreement with the Clark County Prosecuting 

Attorney's Office regarding payment for prosecution of misdemeanor crimes 

committed on the Tribe's trust land, to the extent that such costs arc not otherwise 

covered by payments made by the Tribe pursuant to any Class III tribal-state gaming 

compact entered into between the Tribe and the State pursuant to IGRA, including 

payments required by Impact Mitigation Fund provisions. 

(3) The Tribe shall enter into an agreement with Clark County substantially similar 

to the existing interlocal agreements between the County and the Cities, to the extent 

not prohibited by federal law, to compensate the County for the cost of jail beds, 

court-related and con:ections programs, and costs per case for processing cases 

through Clark County District Court, to the extent that such costs are not otherwise 

covered by payments made by the Tribe pwsuant to any Class III tribal-state gaming 

3 
compact entered into between the Tribe and the State pursuant to IGRA, including 

payments required by Impact Mitigation Fund provisions. 

(C) Fire Protection and Emergency Response: 

(1) The Cowlitz Indian Tribe shall compensate Clark County Fire District 12 for the 

provision of fire and emergency response sen,ices to the Tribe's trust lands, as set 

out in a separate agreement between the Tribe and Fite District 12, to the extent that 

such costs are not otherwise covered by payments made by the Tribe pursuant to any 

Class III tribal-state gaming compact entered into between the Tribe and the State 

pursuant to [GRA, including payments required by Impact Mitigation Fund 

provisions. Should Fite District 12 establish a Local lmprO\'ement District or 

mitigation fees in the future as a means to secure funding for additional equipment 

or fire services, the Tribe will participate in the same manner as other developers or 

persons owning property in the area. 

(2) If the Tribe and Clark County Fite District 12 are unable to reach agreement 

regarding compensation for fire and emergency response services to the Tribe's trust 

lands, the Tribe shall establish its own Tribal fire and emergency response services, 

which will provide fire and emergency response services to the Tribe's trust land 

consistent with the levels of service anticipated to be provided by Clark County Fire 

District .12. Should the Tribe establish such Tribal fire and emergency response 

services, it will no longer have any obligation to provide compensation or funding 

for Fire District 12 under Subsection (C)(l). 

(D) Public Health: 

(1) The Cowlitz Indian Tribe shall comply with all health regulations adopted by the 

State of Washington and Clark County. 

(2) The Tribe shall allow State or Clark County health inspectors access to the 

Tribe's trust land and structures thereon to enswe compliance with all state and local 

health regulations. 

(E) Traffic and Transportation: 

(1) The Cowlitz Indian Tribe shall mitigate traffic, safety, and circulation issues in 

conformity with Clark County requirements. The Tribe will make roadway and 

intersection improvements to maintain traffic levels-of-service existing prior to each 

phase of development. The Tribe shall enswe that in no event will it cause the 

public road system to operate below a level-of-service (LOS) D for intersection delay 

during the peak traffic how. LOS D standards shall be determined based on the 

most recently adopted version of the Highway Capacity Manual (Transportation 

Research Board). 

(2) The public road system shall include NW 319th Street, NW 324th Street, N\V 41" 

Avenue, NW 31" Avenue, and the I-S/319'h Street Interchange. The Tribe shall 

submit the design of public roadway and intersection improvements to Clark Count}• 

for approval prior to beginning the improvement work. The Tribe shall submit the 

4 
<. J • 

design of the NW 319th Street interchange improvements for approval by the 

Washington State Department ofTransportation prior to beginning the 

improvement work. · 

(3) The Tribe shall pay for all reasonable and negotiated costs, expenses or charges 

associated with the alteration, construction or improvement of the public road 

system set forth in Subsections (E)(l) and (2), to the extent that such costs are not 

otherwise covered by payments made by the Tribe pursuant to any Qass III tribalstate gaming compact entered into between the Tribe and the State pursuant to 

IGRA, including payments required by Impact Mitigation Fund provisions. 

(4) The Tribe shall make all reasonable efforts to work with the County to ensure 

that the so-called "late<omcr" provisions as provided for at RCW § 35.72.040 will 

be applied to the Tribe's casino development, so that the Tribe can receive 

contribution or reimbursement for improvements as otherwise would be permitted 

under state law. 

(F) Sewer and Water: 

(1) The Cowlitz Indian Tribe shall provide sewage conveyance, treatment and 

disposal through development of a new independent sewage treatment plant 

constructed by the Tribe on its Clark County trust lands, or through a sewer service 

agreement with a local government, or through other means as the Tribe may deem 

necessary and appropriate. In any case, the sewage conveyance, treatment and 

disposal shall be conducted so as to meet or exceed applicable federal and state 

standards. 

(2) 1he Tribe shall allow no public use of the proposed development until such 

time as the sewer service is fully compliant with applicable State of Washington and 

federal st.1ndards. 

(3) The Tribe shall provide for water supply through Clark Public Utilities. 

(G) Compliance with Clark County Ordinances: 

(1) The Cowlitz Indian Tribe shall develop its Clark County trust land and any 

structures and uses of the property in a manner consistent with the Clark County 

codes as they existed at the time the MOU was executed by the Tribe (and as set 

forth in Appendix C of the MOU), which are hereby inco.rporated by reference into 

this Section as Exhibit 1. Any future changes, additions or modifications in the use 

or development of the parcel shall be consistent ,vith such County ordinances. 

(2) Any buildings constructed on the Tribe's trust land shall be constructed in a 

manner which is consistent with the applicable provisions of the attached Clark 

County building codes and ordinances in Exhibit 1. 

(3) The Tribe shall request that Clark County assist the Tribe in implementing the 

aforesaid building standards by promptly conducting plan checks of all documents 

submitted to the County, on a priority basis if necessary, and assigning a building 

5 
inspector to conduct inspections on a timely basis. If the County provides such 

services, the Tribe shall pay the County reasonable fees for any such services as shall 

be agreed upon by the County and the Tribe. 

(H) Impacts on Clark County Revenues: 

(1) Payments in Lieu ofTaxes. The Tribe shall compensate the County and local 

districts on a biannual basis in lieu of property taxes for revenue lost resulting from 

the removal of the Tribe's trust land from the tax .rolls consistent with the customary 

assessment procedures used by the Clark County Assessor and the State 

Constitution, to the extent not otherwise specifically provided for in any Class Ill 

tribal-state gaming compact entered into between the Tribe and the State pursuant to 

IGRA, including payments from any Impact Mitigation Fund. 

(2) Sales Tax. Based on the Tribe's understanding that sales tax collected within 

Clark County is based on a blended tax rate incorporating both State and County 

sales taxes, the Tribe shall collect sales tax as appropriate on all non-Indian sales 

which take place on the Tribe's trust land in business enterprises owned and 

operated by the Tribe. The rate of collection shall be in conformance with the 

applicable State-County blended tax rate as provided by the Washington Department 

of Revenue. The Tribe agrees to remit such sales tax to the State of Washington as 

required by state law. 

(3) Transient Occupancy Tax. The Tribe shall make an annual payment of the 

equivalent of a transient occupancy tax as would be payable by non-tribal members 

to the County pursuant to Clark County Code 3.16 but fQr the Tribe's status as a 

sovereign nation. 

(I) Problem Gambling: 

(1) The Cowlitz Indian Tribe shall make a contribution of not less than $50,000 to a 

program designated by Clark County which deals with and treats problems 

associated with compulsive beha,•ior including compulsive gambling, and which 

expends the money to address problem gambling issues. Payments shall be annually 

increased or decreased coincident with the then-current consumer price index for the 

Portland Metropolitan area. 

(2) The Tribe shall review, and request that the County also review, such programs 

every five years. 

0) Education and Arts Fund: 

(1) Establishment The Cowlitz Indian Tribe shall establish the Cowlitz Tribe 

Education and Arts Fund for the support of charitable activities in Clark County, 

including arts, education and local government support. The Tribe shall commit two 

percent (2%) of the net re,,enues (as defined in 25 U.S.C. § 2703(9)) from Class III 

gaming on the Tribe's Clark County trust lands. 

6 
(2) Management/Grant Awards. The Fund shall be managed by n five-person 

Board, comprised of two (2) tribal appointees and two (2) appointees of Clark 

County. If the County fails to appoint two members to the Board the Tribe shall 

appoint such members. The fifth member of the Board shall be selected by the four 

other Board members. The Board will promulgate both standards for application 

and application fonns to be made available to all prospective applicant groups for 

grants from the Fund. Grant awards shall be made biannually and such award 

decisions will be made at the Board's discretion. 

(3) Impact Mitigation Pnyments. This Fund shall be separate from, and in addition 

to any impact mitigation payments provided for in any Class Ill tribal-state gaming 

compact entered into between the Tribe and the State pursuant to IGRA, and 

monies paid to the Education and Arts Fund shall not be used as a credit against 

state-ttibal impact mitigation contribution requirements. 

Section 4. Implementation, Enforcement and Compliance 

(A) Creation and Maintenance ofTribal Enforcement and Compliance 

Officer (TECO) Position: Within a reasonable period of time after the Tribe's 

Clark County land is taken into trust, and in any event before any gaming facility 

construction commences on the Tribe's Clark County trust land, the Tribal Council 

shall appoint a Tribal Enforcement and Compliance Officer (fECO). At no time 

after commencement of construction or operation of the Tribe's gaming facility will 

the Tribe allow the TECO position to remain unoccupied for more than one month, 

although temporary appointments may be made. 

(B) Duties: 

(1) The TECO shall be responsible for ensuring the proper and timely 

implementation of and compliance with this Envirorunent, Public Health and Safety 

Protection Ordinance. The TECO will be responsible for accepting complaints 

alleging violations of this Ordinance, whether the complaint arises from the Tribal 

Council, a tribal member, a patron, a local government instrumentality, the federal 

government, or any other person or entity. The TECO shall also serve as the main 

point of contact for Clark County with respect to the proper implementation and 

enforcement of the provisions of this Ordinance, and as the main point of contact 

for the federal government with respect to enforcement of the provisions of this 

Ordinance. 

(2) The TECO may assume such other related duties as may be deemed necessary 

by the Tribal Council and assigned by the Tribal Council pursuant to future tribal 

ordinances. 

(C) Enforcement: 

(1) The TECO will work with the Tribe's gaming facility management to address 

alleged or proven violations of this Ordinance. 

7 
(2) If the TECO determines that there has been a violation of this Ordinance, and 

further determines that the Tribe's gaming facility management has failed to cure the 

violation in a reasonable manner or in a reasonable time period, the TECO may issue 

a notice of violation to the gaming facility management. If the TECO determines 

that the gaming facility management has not cured or made substantial progress in 

curing the ,riolation within the time period specified in the notice, the TECO may 

impose a penalty or other appropriate sanction. 

(3) Annual Report. No later than January 3111 of each calendar year, the TECO shall 

prepare a report on the status and implementation of the foregoing provisions of this 

Ordinance. Such report shall be submitted to the Tribal Gaming Commission and 

the Tribal Council no later than January 31" of each calendar year. Copies of such 

report shall also be provided to the NIGC NEPA/EPHS Compliance Officer and 

the BIA Northwest Regional Office. 

(D) Procedures: No later than sixty days after appointment of the first TECO, the 

TECO will establish and submit to the Tribal Council for approval written 

procedures that will govern: 

(1) In what manner a person or entity may submit a complaint about an alleged 

violation of this Ordinance; 

(2) The process by which the TECO will investigate the allegation of the alleged 

violation; 

(3) The process by which the TECO will alert the Tribe's gaming facility 

management of the alleged violation; 

(4) The process by which the TECO will issue notices of violation, and determine 

and impose appropriate penalties and sanctions. 

Such procedures shall not be effective until approved in writing by the Tribal 

Council. The Tribal Council must make a determination whether to approve the 

procedures within no more than 45 days of submission. 

--- CERTIFICATION ---

The foregoing ordinance was adopted ({]Jz./4~ c; .;loe'L I at a duly called meeting 

of the Cowlitz Tribal Council by a vote of __t::1 for, _Q_, against, and _..t2_ abstaining. 
Exhibit F 

Cowlitz Indian Tribe 

Tribal CounciljJ 

Resolution No. 17-

Short Title: Authorization to Approve an Agreement for Law Enforcement and 

Prosecution between Clark County, Washington, and the Cowlitz Indian 

Tribe, and Approve a Limited Waiver of Sovereign Immunity. 

WHEREAS, the Cowlitz Indian Tribe is Acknowledged as a Sovereign Indian Nation by the 

United States Government, and 

WHEREAS, the Cowlitz Indian Tribal Council is the governing body of the Cowlitz Indian 

Tribe as authorized by the Tribe's Constitution and By-laws, and 

WHEREAS, the Cowlitz Indian Tribe has negotiated an Agreement for Law Enforcement and 

Prosecution between Clark County, Washington, and the Cowlitz Indian Tribe as attached to this 

Resolution, and 

WHEREAS, the Agreement must be signed by the Tribal Chairman and does require a limited 

waiver of sovereign immunity to complete the Agreement, 

NOW THEREFORE BE IT RESOLVED, by the Tribal Council of the Cowlitz Indian Tribe, 

that the Tribal Chairman is authorized to sign the attached Agreement, and that the limited 

waiver ofsovereign immunity in the Agreement is hereby approved. 

-CERTIFIED--

The w.regoing._resolution was adopted by the Tribal Council on /I//!/£ ~ti/t by a vote 

of». For, _0_ Against, and _f?__ Abstain. 

Pa~wa-Gaiser, Tribal Council Chair 

P.O. Box 2547 • Longview, WA 98632-8594 • (360) 577-8140 • Fax (360) 577-7432 • EMAIL cowlitztribe@cowlitz.org