Metro - Solid Waste Officers VANDr
600 NE Grand Ave.
Portland,OR 97232-2736
Amendment 503-797-1700
AMENDMENT NO.01
CONTRACT NO.932660
This Amendment hereby amends the above titled contract between Metro, a metropolitan service
district organized under the law of the State of Oregon and the Metro Charter, and City of Tigard, hereinafter
referred to as"TIGARD."
This amendment is a change order to the original Scope of Work as follows:
A decrease in the contract budget from$291,245 to$238,244 due to the reduction in services provided by TIGARD as
explained below.
TIGARD is no longer able to provide two police officers for general investigative law enforcement service to
METRO for the remaining term of this Agreement due to budget constraints.TIGARD will provide one police
officer for general investigative law enforcement service to Metro for the remaining term of this Agreement,
through June 30,2015.The change in service from two police officers to one reduces the contract costs.The
amended Exhibit A is the revised budget for this Agreement.
The following Agreement paragraphs were amended:
12. TIGARD shall provide for the performance of the duties hereunder two FTE officer positions from July 1, 2014
through January 9,2015 and one FTE officer positionfrom January 12, 2015 through June 30,2015. For the
purpose of this Agreement, one FTE position means an employee who is regularly scheduled to work at least 40
hours per week performing the services required under this Agreement:
35. For the Agreement beginning July 1,2014, METRO will pay TIGARD no more than TWO-HUNDRED THIRTY
EIGHT THOUSAND TWO HUNDRED FORTY FOUR AND NO/100 DOLLARS($238,244),,unless additional
services are requested or directed by METRO. This amount includes all fees, costs,and expenses to which
TIGARD is entitled for the term of this Agreement.
Except for the above,all other conditions and covenants remain in full force and effect.
IN WITNESS TO THE ABOVE, the following duly authorized representatives of the parties referenced have executed this
Amendment.
TIGARD METRO
Print Name Marty Wine, City Manager Print
Date ' s Date f1l Al
Page 1 of 2
Revised November 2414
Forth 2601
Metro
800 NE Grand Ave.
Amendment
Portland,oR 97232-2736
503-797-1700
I II I � SII II III II
AMENDMENT NO.01
CONTRACT NO.932660
Amended Exhibit A
Metro Regional Solid Waste Management
FY 2014-15
Personal Services
Officers (1.5):
Wages $132,705
Benefits 81,930
Total Personal Services $214,635
Clothing Allowance $900
Equipment Allowance 150
Communisations (Phones) 900
Total Materials&Services $1,950
Administrative Fee $21,659`
Total Budget $238,244
Page 2 of 2
Revised November 2014
Form 2601
METRO
600 NE Grand Ave.
Portland,OR 97232-2736
INTERGOVERNMENTAL AGREEMENT (503)797-1700
TIGARD Contract No.
METRO Contract No. 932660
This Intergovernmental Agreement ("Agreement") is made under the authority
found in ORS 190.010, et seq.,and ORS 206.345 between the City of Tigard ("TIGARD") and
METRO.
RECITALS
WHEREAS, TIGARD is a political subdivision of the State of Oregon and is a unit of
local government authorized to enter into intergovernmental agreements pursuant to ORS
190.010, et seq.; and
WHEREAS, METRO is an Oregon municipal corporation formed and operating under
state law and the Metro Charter, and is a unit of local government authorized to enter into
intergovernmental agreements pursuant to ORS 190.010, et seq.; and
WHEREAS, METRO desires to contract with TIGARD for the performance of certain
law enforcement functions to be performed by TIGARD; and
WHEREAS,TIGARD is able and prepared to provide the services required by METRO
under the terms and conditions set forth in this Agreement; now,therefore,
IN CONSIDERATION of those mutual promises and the terms and conditions set
forth hereafter,and pursuant to the provisions of ORS chapter 190, the parties agree to be
bound as follows:
1. TERM: The term of this Agreement shall be from July 1, 2014,through June 30,
2015.
2. TERMINATION: This Agreement may be terminated as follows:
a. Any party to this Agreement may terminate this Agreement for its
convenience and without penalty upon thirty (30) days written notice of its
intention to terminate.
b. If METRO is unable to appropriate sufficient funds to pay TIGARD for its
services under this Agreement, METRO must notify TIGARD and the
Agreement shall terminate as of the end of the last fiscal year for which such
appropriations are available.
C. Any obligations arising prior to the date of termination survive the
termination,including any obligation to defend and indemnify any other
jurisdictions.
Tigard/Metro IGA No. 932660 Page 1 of 9
FY 2014-2015
M ETRO
600 NE Grand Ave.
Portland,OR 97232-2736
INTERGOVERNMENTAL AGREEMENT (603)797-1700
3. INDEMNIFICATION:
Subject to the conditions and limitations of the Oregon Constitution and the Oregon
Tort Claims Act, ORS 30.260 through 30.300,TIGARD shall indemnify, defend and
hold harmless METRO from and against all liability, loss, and costs arising out of or
resulting from the acts of TIGARD, its officers, employees, and agents in the
performance of this Agreement.
Subject to the conditions and limitations of the Oregon Constitution and the Oregon
Tort Claims Act, ORS 30.260 through 30.300, METRO shall indemnify, defend, and
hold harmless TIGARD from and against all liability, loss, and costs arising out of or
resulting from the acts of METRO, its officers, employees,and agents in the
performance of this Agreement.
4. ADHERENCE TO LAW: Each party must comply with all federal,state,and local
laws and ordinances applicable to this Agreement.
5. ACCESS TO RECORDS: Each party must have access to the books, documents,and
other records of the other parties related to this Agreement for the purpose of
examination, copying, and audit, unless otherwise limited by law.
6. ENTIRE AGREEMENT: This Agreement and Exhibit A constitute the entire
agreement between the parties. This Agreement may be modified or amended only
by the written agreement of the parties.
7. ATTORNEY FEES: In the event a lawsuit is filed to obtain performance of any kind
under this Agreement, the prevailing party is entitled to additional sums as the
court may award for reasonable attorney fees, all costs,and disbursements,
including attorney fees, costs, and disbursements on appeal.
B. SEVERABILITY: The parties agree that, if any term of this Agreement is declared by
a court to be illegal or in conflict with any law, the validity of the remaining terms
will not be affected.
9. NOTICES: The parties must send any notices,bills,invoices, reports, or other
written communications required by this Agreement through the United States Mail,
first-class postage paid, or personally delivered to the addresses below:
Tigard Metro
Marty Wine Tim Collier
City Manager Finance and Regulatory Services Director
13125 SW Hall Blvd 600 NE Grand Avenue
Tigard, OR 97223 Portland, OR 97232
Tigard/Metro IGA No. 932660 Page 2 of 9
FY 2014-2015
METRO
600 NE Grand Ave.
Portland,OR 97232-2736
INTERGOVERNMENTAL AGREEMENT (503)797-1700
INVESTIGATION
10. TIGARD shall provide two TIGARD police officers ("Officers") for general
investigative law enforcement service to METRO at METRO's direction. This service
shall include:
(a) Enforcement of the METRO code and regulations, including without
limitation provisions related to flow control investigation,illegal dumping
investigation and solid waste management;
(b) Random and directed surveillance of persons collecting, transporting,
storing, treating,and disposing of solid and liquid waste to ensure such
persons are complying with the METRO code and regulations;
(c) Assistance with investigation, case preparation, and prosecution in cases
involving offenses (including without limitation fraud, racketeering, and
material breach of contract) allegedly committed by vendors, contractors, or
subcontractors doing business with METRO or by facilities, firms or
individuals subject to METRO ordinances and regulations;
(d) Investigations of suspected violations of environmental laws, rules, and
ordinances; and
(e) Other general investigative work as requested by METRO.
11. During the existence of this Agreement,the Officers shall exercise such authority as
may be vested by law or by terms of this Agreement, including full power and
authority to cite,arrest,and take other enforcement action for violations of all
METRO code provisions and regulations, including without limitation those relating
to flow control, illegal dumping, and solid waste management.
PERSONNEL MATTERS
12. TIGARD shall provide for the performance of the duties hereunder two FTE officer
positions. For the purpose of this Agreement, one FTE position means an employee
who is regularly scheduled to work at least 40 hours per week performing the
services required under this Agreement.
13. TIGARD shall be responsible for assuring that Officers assigned to METRO are
certified by the State's Department of Public Safety Standards and Training and that
the Officers maintain such certification.
14. For an Officer who has been assigned to METRO for one year or longer, METRO shall
pay one-half of personnel costs for absences due to general law enforcement
training. METRO shall not pay personnel costs for absences due to specialized law
enforcement training that does not relate directly to the services provided under the
Tigard/Metro IGA No. 932660 Page 3 of
FY 2014-2015
M ETRO
600 NE Grand Ave.
Portland,OR 97232-2736
INTERGOVERNMENTAL AGREEMENT (503)797-1700
terms of this Agreement.
15. The Officers shall be and remain employees of TIGARD. TIGARD shall ensure that
the Officers perform their duties in accordance with the administrative and
operational procedures of TIGARD.
16. METRO has the right, upon request and for cause stated, to have an Officer promptly
removed from assignment under this Agreement and replaced within three weeks
by another Officer meeting the requirements of this Agreement.
17. METRO will not pay wages,salaries, or other compensation directly to the Officers
performing services under this Agreement or for any other liability not provided for
in this Agreement.
18. TIGARD shall maintain Workers' Compensation insurance coverage for the Officers,
either as a carrier insured employer or a self-insured employer as provided in ORS
Chapter 656.
19. The collective bargaining agreement between the Officers and TIGARD ("collective
bargaining agreement") governs all matters related to benefits, hours,vacations,
sick leave,grievance procedures and other conditions of employment of the Officers.
20. The collective bargaining agreement and the TIGARD personnel rules govern all
labor disputes arising out of this Agreement.
21. Officers shall work 40-hours per week and may be assigned by Metro to either five
eight-hour shifts or four ten-hour shifts, based on Metro's needs.
22. The Officers may be absent from duty for various reasons, including but not limited
to vacation, holidays, illness, training,leave of absence,and administrative leave in
accordance with the foregoing acknowledgment:
(a) TIGARD will not be responsible or otherwise obligated to replace an Officer
who is absent due to paid accrued leave, including without limitation
vacation, holiday,sick,and training leave. TIGARD will make a good faith
effort to schedule planned absences to minimize the impact on its ability to
perform under this Agreement and to provide a replacement in the event
that an absence is anticipated to last longer than three weeks.
(b) TIGARD may invoice METRO, and METRO shall pay, the personnel costs of an
Officer absent on vacation or sick leave, up to a total combined annual
maximum of 120 hours, only if the Officer has been assigned to METRO for
six months or longer. Officers assigned to METRO shall not work during the
following nine holidays when METRO's offices are closed:
Tigard/Metro IGA No. 932660 Page 4 of 9
FY 2014-2015
METRO
600 NE Grand Ave.
Portland,OR 97232-2736
INTERGOVERNMENTAL AGREEMENT (503)797-1700
(1) New Years Day;
(2) Martin Luther King Day;
(3) Presidents' Day;
(4) Memorial Day;
(5) Independence Day;
(6) Labor Day;
(7) Veterans Day;
(8) Thanksgiving Day; and
(9) Christmas Day.
OFFICE SPACE
23. METRO shall provide the Officers with office space and shall pay the costs for
utilities including without limitation telephone costs, at METRO's premises or at a
site mutually agreed upon by TIGARD and METRO.
EQUIPMENT PURCHASE, USE AND DISPOSITION
24. The parties will purchase materials and supplies necessary for this Agreement as
provided in this section. "Materials" includes items with a unit cost of$1,000 or
more,and "supplies" includes items with a unit cost of less than $1,000.
25. METRO shall purchase all materials and supplies necessary for the performance of
this Agreement.
26. METRO shall own all vehicles and equipment it purchases for this Agreement,
including without limitation capital equipment. TIGARD shall use METRO's vehicles
and equipment only to perform its duties under this Agreement and shall not use
them for any other purpose without authorization from METRO. METRO shall pay
fuel and maintenance costs for its vehicles. Except as provided in paragraph 28,
upon termination of this Agreement, TIGARD shall return all materials and supplies
to METRO.
USE OF METRO-OWNED VEHICLES
27. Only the Officers assigned to Metro under this agreement shall operate Metro-
assigned vehicles. Officers may drive their assigned Metro vehicles to their
residences at the end of each working day. Atake-home vehicle will not be
assigned to Officers that reside more than 20 road miles (rounded to the
nearest mile) beyond the Metro boundary.
28. Metro vehicles assigned to Officers shall only be used for Metro-related business
unless urgent or emergency circumstances necessitate the use of such vehicles for
Tigard/Metro IGA No. 932660 Page 5 of 9
FY 2014-2015
METRO
600 NE Grand Ave.
Portland, 9
INTERGOVERNMENTAL AGREEMENT (503)79707007232-2736
non-Metro related law enforcement activities, or unless another use is requested
by TIGARD and approved by Metro. In such cases, the TIGARD shall assume
liabilityfor damage incurred to any Metro vehicles while being used by Officers for
non-Metro purposes. Metro vehicles shall not be used for personal use or for off-
hours Metro use without prior approval by Metro.
29. The carrying of any passenger that is not a Metro employee, TIGARD Police Officer,
or Multnomah County Sheriffs Deputy must be approved in advance by Metro.
Officers that are in the field on Metro business during meal or break times may use
their assigned vehicles to drive to a restaurant, convenience store, or similar
stop, provided that it is within a reasonable distance of their business route.
30. All traffic laws shall be adhered to when operating Metro vehicles. Whenever
practical, Officers should pull over and park in a safe place before using non-
hands free cell phones, cameras, or engaging in any task that might distract from
driving.
31. Vehicles must be locked when not attended. Officers are to follow TIGARD's policy
on leaving firearms in a vehicle. When an Officer is on leave for more than one
week, the vehicle shall be stored either at Metro headquarters or in a locked
garage at the Officer's residence. Each Officer shall be responsible for the
cleanliness of his/her assigned vehicle. Vehicles shall be fueled,washed,and taken
in for scheduled maintenance by Officers during regular work hours but at
Metro's expense.
32. The only exception to the personal use procedures and passenger prohibition
described in this section is when there is a serious emergency. In such a
situation,the Officer shall notify Metro of the use of the vehicle as soon as possible
after the emergency has been addressed.
33. Consistent with Metro Code Chapter 2.04.064, upon termination of this Agreement
METRO may grant to TIGARD an option to purchase from METRO any or all
remaining materials and supplies purchased for this Agreement at a price mutually
agreed upon by the parties, not to exceed the fair market value of the items at the
times of purchase. TIGARD agrees to give METRO notice of TIGARD's intent to
exercise this option within 60 days following termination of this Agreement.
CONTRACT COSTS
34. METRO shall pay TIGARD for all costs as set forth in this Agreement. By April 1 of
each year,TIGARD shall provide METRO with a good faith projection of the cost of
this Agreement for the following fiscal year (July 1 to June 30). The parties shall
agree on the amount paid by METRO for the term of the Agreement before each
anniversary date of the execution of this Agreement.
Tigard/Metro IGA No. 932660 Page 6 of 9
FY 2014-2015
CMETRO
600 NE Grand Ave.
INTERGOVERNMENTAL AGREEMENT
Portland,07007232-2736
35. For the Agreement beginning July 1, 2014, METRO will pay TIGARD no more than
TWO-HUNDRED NINETY-ONE THOUSAND TWO HUNDRED FORTY-FIVE AND
NO/100 DOLLARS ($291,245), unless additional services are requested or directed
by METRO. This amount includes all fees,costs,and expenses to which TIGARD is
entitled for the term of this Agreement.
36. Exhibit A is the Budget for the Agreement prepared by METRO. TIGARD shall
submit itemized billings to METRO no more than 15 days after the end of each
quarter of the contract year, and METRO shall make payment to TIGARD within 30
days of receipt of approved billings.
DISPUTE RESOLUTION
37. If a claim, controversy, or dispute arises out of this Agreement, the complaining
party shall attempt to resolve amicably by phone or in person. If unable to resolve,
the party shall give written notification to the other party of the nature of the claim
and the remedy requested within 10 days of the incident that forms the basis of the
dispute or when oral discussions are not productive.
38. Oregon law shall govern this Agreement. The parties shall resolve all claims,
controversies, or disputes that arise out of this Agreement by arbitration in
accordance with the arbitration rules of the Arbitration Service of Portland or the
American Arbitration Association. The parry who first initiates arbitration shall
designate an arbitration service by filing a claim in accordance with the rules of the
organization selected. Such arbitration shall take place in Portland, Oregon, and any
judgment upon the award rendered pursuant to such arbitration may be entered in
any court having jurisdiction thereof.
CONTRACT ADMINISTRATION
39. The designated representative of the City of Tigard will represent TIGARD in all
matters pertaining to administration of this Agreement.
40. METRO designates its Finance and Regulatory Services Director or his/her designee
to represent METRO in all matters pertaining to administration of this Agreement.
CONTRACT MODIFICATION AND THIRD PARTY RIGHTS
41. This Agreement may be amended by agreement of the parties. Any amendment to
this Agreement shall be effective only when incorporated herein by written
amendments and signed by both METRO and TIGARD.
42, This Agreement shall not be deemed to vest in any third party any rights, nor shall it
Tigard/Metro IGA No. 932660 Page 7 of 9
FY 2014-2015
CMETRO
600 NE Grand Ave.
Portland,OR 97232-2736
INTERGOVERNMENTAL AGREEMENT (503)797-1700
be deemed to be enforceable by any third party in any legal, equitable, or
administrative proceeding whatsoever.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their
duly appointed officers on the date written below.
TIGARD , o METRO
ByC� By:
Marty Wine Martha Bennett
City Manager Chief Operating Officer
Date: & " t(o- Date:
APPROVED AS TO FORM: APPROVED TO FORM:
Metro At ne ney
By:��r6 By:
Ichelle Bellia
Senior Metro Attorney
Date: ��/ Date:
Tigard/Metro IGA No. 932660 Page 6 of
FY 2014-2015
C M ETRO
600 NE Grand Ave.
Portland,OR 97232-2736
INTERGOVERNMENTAL AGREEMENT (503)797-1700
Exhibit A
Metro Regional Solid Waste Management
FY 2014-15
Personal Services
Officers (2):
Wages $161,650
Benefits 100,518
Total Personal Services $262,168
Clothing Allowance $1,200
Equipment Allowance 200
Communications (Phones) 1,200
Total Materials&Services $2,600
Administrative Fee $26,477
Total Budget $291,245
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FY 2014-2015