Metro - Law Enforcement Functions 600 NE Grand Ave. www.oregonmetro.gov
Portland, OR 97232-2736
Metro I Making a great place
June 5, 2013
Tom Imdieke
Tigard Police Dept.
13125 SW Hall Blvd.
Tigard, OR 97223
RE: Tigard/Metro IGA for fiscal year 2013-14
-(0—
Dear . i to .
Enclosed is a fully executed copy of the Metro/Tigard IGA for fiscal year 2013-14. Please
phone me at (503) 797-1678 if you have any questions.
Sincerely,
A L 14 d�-
Steve Kraten
Solid Waste Enforcement Coordinator
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Enclosure: Intergovernmental Agreement
cc: Roy W.Brower,Solid Waste Compliance and Cleanup Manager
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METRO
600 NE Grand Ave.
Portland,OR 97232-2736
INTERGOVERNMENTAL AGREEMENT (503)797-1700
TIGARD Contract No.
METRO Contract No. 932001
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, 2013, through June 30,
2014.
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 Page 1 of 8
FY 2013-2014
VMETRO
600 NE Grand Ave.
Portland,OR 97232-2736
INTERGOVERNMENTAL AGREEMENT (503)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.
8. 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 Page 2 of 8
FY 2013-2014
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 terms of this Agreement.
Tigard/Metro IGA Page 3 of 8
FY 2013-2014
METRO
600 NE Grand Ave.
Portland,OR 97232-2736
INTERGOVERNMENTAL AGREEMENT (503)797-1700
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:
(1) New Years Day;
Tigard/Metro IGA Page 4 of 8
FY 2013-2014
® METRO
600 NE Grand Ave.
Portland,OR 97232-2736
INTERGOVERNMENTAL AGREEMENT (503)797-1700
(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.
27. Metro vehicles assigned to TIGARD officers for fulfillment of this agreement shall
only be used for Metro-related investigations unless urgent or emergency
circumstances necessitate the use of such vehicles for non-Metro related law
enforcement activities, or unless another use is requested by TIGARD and
approved by METRO.
28. 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.
Tigard/Metro IGA Page 5 of 8
FY 2013-2014
C M ETRO
600 NE Grand Ave.
Portland,OR 97232-2736
INTERGOVERNMENTAL AGREEMENT (503)797-1700
CONTRACT COSTS
29. 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.
30. For the Agreement beginning July 1, 2013, METRO will pay TIGARD no more
than TWO-HUNDRED FIFTY THOUSAND ONE HUNDRED SEVEN AND
NO/100 DOLLARS ($250,107), 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.
31. 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
32. 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.
33. 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 party 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
34. The designated representative of the City of Tigard will represent TIGARD in all
matters pertaining to administration of this Agreement.
35. METRO designates its Finance and Regulatory Services Director or her
designee to represent METRO in all matters pertaining to administration of this
Agreement.
Tigard/Metro IGA Page 6 of 8
FY 2013-2014
C M ETRO
600 NE Grand Ave.
Portland,OR 97232-2736
INTERGOVERNMENTAL AGREEMENT (503)797-1700
CONTRACT MODIFICATION AND THIRD PARTY RIGHTS
36. 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.
37. This Agreement shall not be deemed to vest in any third party any rights, nor
shall it 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 METRO
P
By: By'
Marty Wine Martha Be"efr
City Manager Chief Operating Officer
Date: -–/ 5 Date:
APPROVED AS TO FORM: APPROVED AS TO FORM:
Metro Attorney
By: B
Michelle Bellia
Senior Metro Attorney
Date: Date:
Tigard/Metro IGA Page 7 of S
FY 2013-2014
® METRO
600 NE Grand Ave.
Portland,OR 97232-2736
INTERGOVERNMENTAL AGREEMENT (503)797-1700
Exhibit A
Metro Regional Solid Waste Management
FY 2013-14
Personal Services
Detectives (2):
Wages $132,628
Benefits 92,142
Total Personal Services $224,770
Clothing Allowance $1,200
Equipment Allowance 200
Communications (Phones) 1,200
Total Materials &Services $2,600
Administrative Fee $22,737
Total Budget $250,107
SK:bjl
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Tigard/Metro IGA Page 8 of 8
FY 2013-2014