Resolution No. 86-108 CITY OF TIGARD, OREGON
RESOLUTION No. 84--108
A RESOLUTION OF THE TIGAIRD CITY COUNCIL. RATIFYING A POLICE SERVICES CONTRACT
BETWEEN THE CITY OF TIGARD AND CITY OF DURHPM.
WHEREAS, the Tigard Police Department has received a request from the City of
Durham to provide 10 hours of police services per month; and
WHEREAS, the Tigard Police Department- and the City Council believe that
providing this service is a key in improving the quality and quantity of
interagency cooperation in the county and the region.
NOW, -THEREFORE, 8E IT RESOLVED by the Tigard City Council that:
Section 1: The Tigard Police Department provide police services to the
City of Durham as detailed in the Durham Police Services
Contract which is attached and referenced as Exhibit "A".
Section 2: The Mayor, and City Recorder are hereby authorized to sign the
Durham Police Services Contract on behalf of the City of Tigard
and the Recorder, is further directed to file a copy of said
contract with the City of Durham.
PASSED: This 15th day of September
y� — City of Tigard
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A-FTEST:
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City Recorder — City of Tigard
LW:bs4512A
RESOLUTION NO. 89--108
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AGREEMENT FOR POLICE SERVICES
THIS AGREEMENT, is made and entered into this ___ day of , 19$6,
by and between the City of Tigard, a municipal corporation of the State of
Oregon ("Tigard"), and the City of Durham, a municipal corporation of the
State of Oregon ("Durham").
WHEREAS, Durham is desirous of contracting with Tigard for• Tigard to provide
certain law enforcement functions within the corporate limits of Durham; and
WHEREAS, Tigard is agreeable to rendering such functions on the terms and
conditions hereinafter set forth; and
WHEREAS, such contracts are authorized and provided for, under ORS 191.010 et.
seq.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL.. PROMISES AND COVENANTS HEREIN
CONTAINED IT IS MUTUALLY AGREED AS FOLLOWS:
1. TIGARD AGREES, through the Tigard Police Department, to provide
police protection within the corporate limits of Durham as follows:
A. The Tigard Police Department shall provide ten person/hours of
police protection per calendar—month to the extent and in the
manner hereinafter setforth. A "person/hour" is defined as one
person performing one hour of work. A "calendar month" is
defined as a period beginning at 12:01 A.M. on the first day of
a month and terminating at 11:59 P.M. on the last day of that
month. Any police functions provided to Durham in excess of ten
person/hours per calendar month must be pre—approved by the
Durham City Manager and by the Tigard Police Chief.
B. The police services provided shall encompass duties and
enforcement: functions of the type coming within the jurisdiction
of, and customarily rendered by, a police officer of the City of
Tigard under the statutes of State of Oregon and Charter and
Ordinances of the City of Durham. Such services shall include
those involved in the field of public safety, criminal law
enforcement, traffic enforcement or related fields, within the
legal power of the police officer to so provide.
C. Tigard shall retain control over the rendition of the services
described in this agreement, the standards of performance, the
discipline of officers, and other matters incident to the
performance of such services and control of personnel. so
employed.
D. For the purpose of performing said functions, Tigard shall
furnish and supply all necessary labor, supervision, equipment,
communication ffAcilities and supplies necessary to maintain the
level of services to be rendered under this agreement.
AGREEMENT FOR POLICE SERVICES — PAGE 1
E. Tigard shall make available for the performance of the duties
described in this agreement, a properly supervised officer or
officers, duly certified by the Oregon Stale Board on Police
Standards and Training.
F. The Tigard Police chief shall be responsible for assigning
officers for duty in Durham. The Tigard Police Chief, or his
designee, shall work with the Durham City Manager, or his
designee, to identify "those times and days during a calendar-
month when the provision of police protection will best meet the
needs of Durham. A schedule of duty hours shall be mutually
agreed upon by the Tigard Police Chief or his designee and the
Durham City Manager or his designee.
G. All persons employed in the performance of the services and
functions described in this agreement for the benefit of Durham
shall remain Tigard employees. No person employed under this
agreement shall h:ve any Durham salary, pensions or- any status
or rights under „ny provisions of Durham employment, except as
provided under Section 2 of this agreement.
H. Tigard agrees that at all times during the term of this
agreement between Tigard and Durham, Tigard shall secure,
maintain and keep current a policy or policies of insurance with
public liability, collision and comprehensive cove rages on all
vehicles owned by Tigard and used in connection with the
provision of police services within the corporate limits of
Durham. Tigard shall also secure, maintain and keep current a
policy or policies of insurance covering professional liability
for offices engaged in police services for the City of Durham.
Insurance limits shall be equal to limits applicable to coverage
for Tigard police services within the corporate limits of
Tigard. Insurance deduct9.ble exclusions shall be equal to those
deductible exclusions applicable to the provision of police
service within the corporate limits of Tigard. Certificates of
such coverage shall be available for inspection by the Durham
City Manager or his designee upon reasonable advance notice at
any time after execution of this agreement,
I. Tigard hereby covenants ar)d agrees to hold and save Durham and
all its officers, employees and agents harmless from all claims
whatsoever that might arise against Durham, its officers,
employees or agents, by reason of any act of Tigard, its
officers, employees, or agents in the performance of the duties
required by the terms of this agreement.
2. DURHAM AGREES AS FOLLOWS;
A. Durham shall pay to Tigard $2.3.68 per person/hour for police
protective services performed. Payment for these services shall
be made on a monthly basis, the first payment of which to be
made upon execution of this agreement and each additional
payment to be made on the first day of each calendar month
thereafter.
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AGREEMENT FOR POLICE SERVICES — PAGE 2
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8. Durham agrees that any revenue generated from citations issued
by Tigard Police Officers within the corporate limits of Durham
shall be divided equally between Durham and Tigard regardless of
the court into which the defendant is cited.
C. Durham hereby covenants and agrees to hold and save Tigard and
all its Officers, employees aid agents harmless from all claims
whatsoever that may arise against Tigard, its officers,
employees or agents by reason of any act of Durham, its
officers, employees or agents in the performance of any duties
required by the terms of this agreement.
3. TIGARD AND DURHAM MUTUALLY AGREE AS FOLLOWS:
A. Tigard and Durham agree that this agreement shall be effective
for a period of 1 year, commencing at 12:01 A.M. on the first
day of 1986, and terminating at 11:59 P.M. on the
last day of _ , 1987, In the event that either
'Tigard or Durham desires to renew this contract after the
expiration thereof, the City so desiring shall notify the other
City at least sixty (60) days prior to termination of the
agreement. compensation provisions shall be reviewed at each
renewal period.
8. Tigard and Durham agree that nothing contained in this agreement
is intended to limit the remedy, if any, of either party against
the other party, including claims under subrugation agreements
with a party's insurance carrier, to recover damages to property
or injury to persons caused by a party's negligence.
C. Tigard and Durham agree that either party to this agreement may
terminate said -agreement by giving thirty (30) days written
notice.
IN WlrrJESS WHEREOF, this agreement has been executed in duplicate, pursuant to
resolutions, heretofore duly and legally adopted by the City Council of Tigard
and the City Council of Durham.
CITY OF TIGARD CITY OF DURHAM
By jl` By
v,,Mayor � Mayor
By
L,City Recorder City Recorder
APPRO ED AS TO FORM ��
J APPROVED AS TO FORM:
3y By
y Attorne• City Attorney
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AGREEMErdT FOR POLICE SERVICES — PAGE 3