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TriMet, Portland ~ IG164002 ~ Transit Police Services City of Tigard September 8, 2020 Ms. Marla Blagg TriMet Executive Director, Safety, Security&Environmental Services 4012 SW 17`h Ave. Portland, OR 97202 RE:Temporary Reassignment of 2 TriMet Transit Officers to Tigard PD Dear Ms. Blagg, This letter is therefore issued pursuant to the June 1, 2015 Agreement among the City of Portland, the City of Tigard and the Tri-County Metropolitan Transportation District of Oregon (TriMet), as amended, to establish or change the number of police officers assigned by the City of Tigard to the THMet Transit Police Division. Prior Staffing from June 1s`, 2015 to September 19`h, 2020 • 1 Sergeant and 2 Officers assigned to East • 2 Officers assigned to West Staffing from September 23", 2020 • 1 Sergeant and 2 Officers assigned to East Any future change in number of officers assigned from the City of Tigard Police to the TriMet Transit Police Division is subject to mutual agreement by the parties by subsequent letter in similar form. Sincerely, _4 Kathy McAlpine Chief of Police 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 0 www.tigard-or.gov AMENDMENT NUMBER 1 INTERGOVERNMENTAL AGREEMENT AMONG THE TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON, THE CITY OF PORTLAND, AND THE TIGARD POLICE DEPARTMENT FOR TRANSIT POLICE SERVICES Agreement No. GC 150821 LG This Amendment No. 1 to the Intergovernmental Agreement(Agreement) between the Tri- County Metropolitan Transportation District of Oregon(TriMet),the City of Portland(Portland), and the Tigard Police Department for Transit Police Services is entered into effective the date when fully executed by both parties and amends the Agreement as set forth below. 1. Term: The Parties extend the final term of this Agreement for a period of time up to December 31,2020 for the purpose of negotiating a new service agreement. The Agreement will end at the earlier of December 31, 2020, or when all transit police primary and subsidiary Agreements are executed for all participating jurisdictions. NO OTHER CHANGES The individuals signing below represent and warrant that they have authority to bind the party for which they sign. This Amendment may be signed electronically in two or more counterparts, each of which shall be deemed an original, and which,when taken together,shall constitute one and the same instrument. TIGARD POLICE T T CITY OF PORTLAND DEPARTMENT C Signature Marla Bla " Charles Lovell III TriMet Exec. Dir. Safety and Chief of Police Security Martha Wine 6/17/20 Printed Name Date Date City Manager Title s 2-0z , Date SIGNATURE PAGE CONTINUED Amendment No. 1 IGA GC150821 LG;Page 1 of 2 Approved as to form; -- G Attom for Tigard 7MMet General Counsel City Attorney Police Department Erik Van Hagen Director, Legal Services 5/4/2020 June 12, 2020 9.28.20 Date Date Date Amendment No. I IGA GC150821LG;Page 2 oft SIT PpLI,\ BIT PO TRANSIT POLICE 210 NW IST AVENUE ��* �► _--- PORTLAND OR 97209ER $ - --- SERVICE PARTNERSHIP INTEGRITY ''--�R November 27, 2018 Chief Kathy McAlpine Tigard Police Department 13125 SW Hall Blvd. Tigard, OR 97223 RE: Tigard Police Department Staffing to TriMet Transit Police Division Dear Chief McAlpine: This letter is issued pursuant to the Intergovernmental Agreement among the Tri-County Metropolitan Transportation District of Oregon (TriMet), City of Tigard (Tigard) and the City of Portland (Portland), for TriMet Transit Police services, as amended, to establish or change the number of officers assigned from the Tigard Police Department to the TriMet Transit Police Division or to change the personnel assigned to the TriMet Transit Police Division. Staffing effective prior to November 21, 2018 • One (1) Sergeant Jarrod Prater#37387 • Five (5) Officers Vacant Gabe Maldonado #47256 Brett Nunley#50343 Vacant Megan Linn#54549 Staffing effective after November 22, 2018: • One (1) Sergeant Jarrod Prater#37387 • Five (5) Officers Vacant Gabe Maldonado #47256 Vacant Vacant Megan Linn#54549 503-962-7566 PHONE 503-962-7572 FAX Any future change in the number of officers assigned from City of Tigard to the TriMet Transit Police Division is subject to mutual agreement by the parties by subsequent letter. incerel , i MARLA BLG- Safety and Security Executive Director TriMet MB/MF/al Agreed to by t City of Tigard: Agreed to by City of Portland: Kathy McAlp e Dat M chAcl. o e Date Chief of Police Transit Police Commander Chief Kathy McAlpine Tigard Police Department Page 2 of 2 November 27, 2018 good, INTERGOVERNMENTAL AGREEMENT AMONG THE TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON,THE CITY OF PORTLAND AND THE CITY OF TIGARD FOR TRANSIT POLICE SERVICES Contract No. GS 150821 LG This Agreement is entered into among the Tri-County Metropolitan Transportation District of Oregon ("TriMet"), the City of Portland (Portland) and the City of Tigard, pursuant to authority granted in ORS Chapter 190. RECITAL TriMet, Portland and the City of Tigard ("the parties") desire to enter into an Agreement with respect to Transit Police Division services including but not limited to deployment strategy, priority of services and administrative procedures. AGREEMENT The parties agree as follows: 1. TERM: The initial term of this Agreement shall be from September 29, 2015 through June 30, 2016. Thereafter, this Agreement will automatically renew for four successive one-year terms (July 1 through June 30) commencing on July 1, 2016, unless terminated sooner under the terms of this Agreement. 2. RESPONSIBILITIES OF PARTIES: See attached Exhibit A and Exhibits 1 through4. 3. TERMINATION: a. Any party may terminate this Agreement for its convenience and without penalty by giving the other parties thirty(30) days written notice of its intention to terminate. b. If TriMet is unable to appropriate sufficient funds to pay the City of Tigard for their services under this Agreement, TriMet must notify the City of Tigard and Portland and this Agreement shall automatically terminate as of the end of the last fiscal year for which such appropriations are available. C. In addition to the rights afforded under subparagraphs (a) and (b) above, this Agreement may be terminated by a party as a result of a material breach of an obligation by another party to this Agreement as provided by law or in equity. Prior to such a termination, the terminating party must provide the other parties with thirty (30) calendar days written notice of the material breach, including a detailed explanation of the breach during which period the breaching party may cure the material breach ("Cure Period"). If at the end of the Cure Period the breaching party has not cured the default, the terminating party may terminate this Agreement for default and pursue any available legal or equitable remedies. TPD 2015-2020 The City of Tigard IGA Page 1 of 21 A d. Any obligations arising prior to the date of termination survive the termination, including any obligation to defend, indemnify and hold harmless any other jurisdiction. 4. INDEMNIFICATION: Portland and the City of Tigard will be responsible for the work of the officers assigned to the TriMet Transit Police Division. Subject to the conditions and limitations of the Oregon Constitution and the Oregon Tort Claims Act, ORS 30.260 through 30.300, the City of Tigard shall indemnify, defend and hold harmless TriMet and Portland from and against all liability, loss, and costs arising out of or resulting from the acts of the City 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, TriMet shall indemnify, defend, and hold harmless the City of Tigard and Portland from and against all liability, loss, and costs arising out of or resulting from the acts of TriMet, 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, Portland shall indemnify, defend, and hold harmless the City of Tigard and TriMet from and against all liability, loss, and costs arising out of or resulting from the acts of Portland, its officers, employees, and agents in the performance of this Agreement. 5. INSURANCE: Each party shall be responsible for providing workers' compensation insurance for their respective employees, as required by law, and may elect to commercially insure or self insure for any other liabilities assumed under this Agreement. 6. ADHERENCE TO LAW: Each party must comply with all federal, state, and local laws and ordinances applicable to this Agreement. 7. 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. 8. SUBCONTRACTOR AND ASSIGNMENT: No party shall subcontract or assign any part of this Agreement without the written consent of the other parties. 9. 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. 10. 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. 11. FEDERAL FUNDING: This Agreement is funded in part by a U.S. Department of Homeland Security Grant Agreement between TriMet and the U.S. Department of TPD 2015-2020 The City of Tigard IGA Page 2 of 21 Homeland Security. This Agreement is subject to all provisions prescribed for third party contracts by that financial assistance agreement as set forth in the attached and incorporated Exhibit A. 12. ENTIRE AGREEMENT: This Agreement as set forth herein incorporates by reference all of the terms and conditions of Exhibit A and the Exhibitsl through 4, which are attached hereto and made a part of this Agreement and constitutes the entire agreement among the parties. This Agreement may be modified or amended only by the written agreement of the parties. 13. 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: The parties have caused this Agreement to be executed by their duly appointed officers, authorized to bind the party for which they sign. CITY OF TIGARD CITY OF PORTLAND TRI-COUNTY METROPOLITAN 13125 SW Hall Blvd. 1221 SW 4T"Ave. TRANSPORTATION DISTRICT OF Tigard,OR 97223 Portland,OR 97204 OREGON(TRIMET) 4012 SE 17`"Ave. Portland,OR 97202 Martha Wine Charlie Hales Harry po City Manager !Mayor Exec ti e D ector, Safety, Security d G ,na:i an tr(4lzo�s Envir ental Services 8.3� 2vr� 1_-L1316 date date date Mary 1 Caballero Auditof"-' ' Zo /I date Approved as to form: APPROVED AS TO FORM w Legal sel Tracy Reedfllyty,A WEY TriMet Legal Couns j 1.11 s I%I �4�S date date 7 T date TPD 2015-2020 The City of Tigard IGA Page 3 of 21 Exhibits: Exhibit A—U. S. Department of Homeland Security Grant Requirements Exhibit 1 —Transit Police Division Administration& Operations Exhibit 2 —Transit Police Division Staffing Letter Exhibit 3 —Transit Police Division Personnel Operations Exhibit 4— SOP A-20 Transit Police Standard Operating Procedure TPD 2015-2020 The City of Tigard iGA Page 4 of 21 EXHIBIT A U.S. DEPARTMENT OF HOMELAND SECURITY GRANT REQUIREMENTS As used below, the term "Contractor" shall mean the City of Tigard. I. DEFINITIONS A. Homeland Security Directive includes any Homeland Security circular, notice, order or guidance providing information about Homeland Security grants, programs, application processing procedures, and Project management, including grant requirements and guidelines. B. Government means the United States of America and any executive department or agency thereof. C. Homeland Security means the United States Department of Homeland Security (DHS) or its Office for Domestic Preparedness, and including but not limited to the Federal Emergency Management Agency(FEMA). D. Third Party Subcontract means a subcontract at any tier entered into by Contractor or a subcontractor, financed in whole or in part with Federal assistance originally derived from Homeland Security. II. FEDERAL REQUIREMENTS A. Homeland Security requires that a grant recipient require that any contractor employed in completion of a DHS grant project comply with the applicable requirements of Title 2, Part 200 of the Code of Federal Regulations (C.F.R.), the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, the terms and conditions of which are incorporated herein by reference. In addition, any such contractor shall require each of its subcontractors employed in the completion of the project to comply with the foregoing requirements B. Contractor shall at all times comply with all applicable terms, conditions, regulations, policies, procedures and Homeland Security Directives, including without limitation those listed directly or by reference in the financial assistance agreement between TriMet and the Homeland Security, as they may be amended or promulgated from time to time during the term of this Agreement, which shall be deemed to be incorporated herein. Contractor's failure to so comply shall constitute a material breach of this Agreement. Contractor agrees to include the above clause in each third party subcontract financed in whole or in part with Federal assistance provided by Homeland Security. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. TPD 2015-2020 The City of Tigard ICA Page 5 of 21 C. All Homeland Security mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. Contractor shall not perform any act, fail to perform any act, or refuse to comply with any requests which would cause TriMet to be in violation of the Homeland Security terms and conditions. III. ACCESS TO RECORDS A. Contractor agrees to provide TriMet, Homeland Security, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this Agreement for the purposes of making audits, examinations, excerpts and transcriptions. B. Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. C. Contractor agrees to maintain all books, records, accounts and reports required under this Agreement for a period of not less than six years after the later of. (a) the date of termination or expiration of this Agreement or (b) the date Contractor receives final payment under this Agreement, except in the event of litigation or settlement of claims arising from the performance of this Agreement, in which case Contractor agrees to maintain same until TriMet, Homeland Security, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. D. Contractor agrees to include paragraphs A, B, and C above in each third party subcontract financed in whole or in part with Federal assistance provided by Homeland Security. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. IV. DEBARMENT AND SUSPENSION This Agreement is a covered transaction for purposes of 2 CFR Part 200. As such, Contractor is required to verify that none of Contractor, its principals, as defined at 2 CFR Part 180, or affiliates, as defined at 2 CFR Part 180, are excluded or disqualified as defined therein. By signing this Agreement, Contractor makes a material representation of fact relied upon by TriMet that Contractor has complied with 2 CFR Part 180. If it is later determined that Contractor knowingly rendered an erroneous representation of compliance with 2 CFR 200, in addition to and without limitation of the remedies available to TriMet, the Federal Government may pursue any available remedies, including but not limited to suspension and/or debarment. In addition, Contractor is required to comply with 2 CFR Part 200 throughout the term of this Agreement, and must include the requirement to comply with 2 CFR Part 200 in any lower tier covered transaction it enters into. V. NO FEDERAL GOVERNMENT OBLIGATIONS TO CONTRACTOR A. TriMet and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Agreement, absent the express written consent by the Government, the Government is TPD 2015-2020 The City of Tigard iGA Page 6 of 21 not a party to this Agreement and shall not be subject to any obligations or liabilities to TriMet, Contractor, or any other party (whether or not a party to that Agreement) pertaining to any matter resulting from the underlying Agreement. B. Contractor agrees to include the above clause in each third party subcontract financed in whole or in part with Federal assistance provided by Homeland Security. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. Vl. CONTRACT WORK HOURS AND SAFETY STANDARDS (applicable to non- construction contracts in excess of$2,500 that employ laborers or mechanics) A. Compliance: Contractor agrees that it shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 327-330) and 40 U.S.C. 3701-3708 as applicable, as amended and as supplemented by Department of Labor regulations (29 C.F.R. Part 5), which are incorporated herein. B. Overtime: No contractor or subcontractor contracting for any part of the work under this Agreement which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. C. Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause in Paragraph B of this section, Contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, Contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph B of this section, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph B of this section. D. Withholding for unpaid wages and liquidated damages — TriMet shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph C of this section. E. Subcontracts - The contractor or subcontractor shall include in any subcontracts the clauses set forth in paragraphs A through D of this section and also a clause requiring TPD 2015-2020 The City of Tigard IGA Page 7 or 21 the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs A through D of this section. VII. NOTICE OF REPORTING REQUIREMENTS Contractor shall comply with the reporting requirements of Homeland Security stated in 2 CFR Part 200.328.The Contractor agrees to include the above clause in each third party subcontract financed in whole or in part with Federal assistance provided by Homeland Security. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. VIII. COPYRIGHTS A. Contractor agrees that Homeland Security shall have a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for government purposes: 1. The copyright in any work developed with the assistance of funds provided under this Agreement; 2. Any rights of copyright to which Contractor purchases ownership with the assistance of funds provided under this Agreement. B. Contractor agrees to include subparagraph A above in each third party subcontract financed in whole or in part with Federal assistance provided by Homeland Security. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. IX. PATENT RIGHTS A. General. If any invention, improvement, or discovery is conceived or first actually reduced to practice in the course of or under this Agreement, and that invention, improvement, or discovery is patentable under the laws of the United States of America or any foreign country, TriMet and Contractor agree to take actions necessary to provide immediate notice and a detailed report to the Homeland Security. Unless the Government later makes a contrary determination in writing, irrespective of the Contractor's status (large business, small business, state government or instrumentality, local government, nonprofit organization, institution of higher education, individual), TriMet and Contractor agree to take the necessary actions to provide, through Homeland Security, those rights in that invention due the Government in accordance with 44 CFR Part 13.36(i)(8). B. The Contractor also agrees to include paragraph A above in each third party subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by Homeland Security. TPD 2015-2020 The City of Tigard 1CA Page 8 of 21 X. ENERGY CONSERVATION REQUIREMENTS Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub L. 94-163, 89 Stat.871). Contractor agrees to include the above clause in each third party subcontract financed in whole or in part with Federal assistance provided by Homeland Security. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. In addition, to the extent applicable, Contractor shall comply with the requirements of 2 CFR Part 200.322 regarding procurement of recovered materials. XI. ENVIRONMENTAL REQUIREMENTS A. Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251 et seq. Contractor agrees to report each violation of these requirements to TriMet and understands and agrees that TriMet will, in turn, report each violation as required to assure notification to Homeland Security and the appropriate EPA regional office. B. Contractor agrees to comply with applicable standards, orders, or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401, et seq. Contractor agrees to report each violation to TriMet and understands and agrees that TriMet will, in turn, report each violation as required to assure notification to Homeland Security and the appropriate EPA Regional Office. C. Contractor agrees to include the requirements at paragraphs A, B and C above in each third party subcontract exceeding $150, 000 financed in whole or in part with Federal assistance provided by Homeland Security. TPD 2015-2030 The City of Tigard IGA Page 9 of 21 CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loan, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than $100,000 for each such failure. The City of Tigard certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. Executed this 31 day of k�? , 2016 By: Signature of orized Official Cr Q Title of Authorized Official TPD 2015-2020 The City of Tigard lG a Page 10 of 21 EXHIBIT 1 TRANSIT POLICE DIVISION ADMINISTRATION & OPERATIONS 1. SERVICE LEVEL For the term of this Agreement, the City of Tigard will provide one or more full-time officer(s) for assignment to the Transit Police Division (hereinafter Division), in such numbers and classifications as the parties mutually agree in writing, by letter among the City of Tigard Police Chief, the Transit Police Division Commander and TriMet's Executive Director - Safety, Security and Environmental Services ("Executive Director") with such letter in the form set forth in Exhibit 2. If a vacancy of any of the agreed-upon number of officers is not filled within 90 days, the parties agree that TriMet may reassign the opening to another jurisdiction, to provide officer(s) to the Division. The City of Tigard personnel assigned to the Division will remain employees of the City of Tigard and will not be considered employees or agents of TriMet or the City of Portland (Portland). For purposes of this Agreement, the officer(s) assigned to the Division will be referred to as assigned to the TriMet Transit Police Division. 2. OPERATIONS a. DeployMent Strategy and Priority for Services: The parties recognize that they have legitimate interests in the management and deployment of officers assigned to the Transit Police Division. The parties will work together to ensure: (1) Visible Presence: The priority for Transit Police deployment is presence on the transit system vehicles and at transit system public facilities. (2) Calls for Service: In general, response to 9-1-1 calls for transit system incidents shall be responded to by local law enforcement from the respective jurisdiction. (3) Arrests: Arrests on the transit system incidents shall be by the respective Transit Police or local law enforcement that originated action on the incident. (4) Law Enforcement Support: Transit Police and local law enforcement shall be responsible for law enforcement support activities for their respective primary areas of responsibility. (5) Enforcement: Transit Police enforcement shall focus on TriMet ordinances, including fare enforcement, and State and City laws to help ensure the security of passengers, employees, and transit system property. (6) Problem Orienting Policing: Transit Police deployment shall focus on identified problem areas, routes and/or transit centers/transfer points based on data relative to the greatest needs for "preventive action"; using community policing strategies whenever possible. TPD 2015-2020 The City of Tigard IGA Page I I of 21 b. Agency Cooperation and Coordination: (1) The parties will work closely and continuously communicate with each other to ensure that the resources, strategies, work force deployment, and initiatives of TriMet, Portland, and the City of Tigard are coordinated and effective. (2) The Commander, TriMet Transit Police Division, or his/her designee, will coordinate contact with the parties to insure that the resources, strategies, work force deployment, and initiatives of the Division and those of the respective law enforcement agencies are coordinated and effective. (3) The City of Tigard agrees to work cooperatively in an effort to increase reporting of TriMet related incidents. The City of Tigard agrees to provide to the Division TriMet coded reports, data, and records. TriMet agrees to make available to the City of Tigard, through the Division, particular data, reports, records, etc. that will assist in fulfilling the mission as outlined in this document. C. Officer Seniority: Determination of officer seniority of the Transit Police Division for purposes of making shift, vacation, holiday, and overtime assignments shall be according to the attached Exhibit 3. d. K-9 Unit Training Facility: TriMet has entered into a ground lease (hereinafter "Lease") with the Port of Portland effective September 17, 2007 for the use of certain premises (hereinafter "Premises") to house explosives storage magazines in support of TriMet's training requirements .to maintain U.S. Department of Homeland Security, Transportation Security Administration ("TSA") certification for K-9 units. Certain Transit Police Division personnel as designated by TriMet and TSA will be authorized to access and utilize the Premises for purposes of TriMet's K-9 unit training in accordance with the Lease terms. The City of Portland agrees that the work and operations of the Division including assigned transit police personnel, with respect to activities relating to the Premises, are subject to and shall comply with all provisions and requirements of the Lease, the terms of which are incorporated into and made part of this Agreement, and specifically any obligations of TriMet as Lessee. e. Body Cameras: It is the intent that sworn officers will wear body cameras, subject to a Subsidiary Agreement law enforcement jurisdiction and Portland reaching mutual written agreement regarding the acquisition, implementation, and use of body cameras. Portland shall be responsible for the Division's acquisition, implementation, and use of body cameras. This is subject to additional policy development and legislation. f. Selection and Assignment of a Lieutenant. In the event of any other Lieutenant position vacancy or proposed re-assignment for any reason, the Transit Police Commander shall solicit from Portland or one or more Subsidiary jurisdictions TPD 2015-2020 The City of Tigard ICA Page 12 of 21 potential candidates to fill the position. In the case of Subsidiary jurisdictions, the Chief of Police/Sheriff of the Subsidiary jurisdiction shall forward a letter of recommendation to the Transit Police Commander, along with backgrounds and resumes, of potential candidates who can fulfill the obligations of the Lieutenant as set forth in this Agreement. The Transit Police Commander will discuss with the Executive Director the backgrounds and resumes of potential candidates, as well as affording the Executive Director the opportunity to meet with and interview the candidates. The Executive Director will provide input and recommendations to the Transit Police Commander prior to the Transit Police Commander's appointment to ensure that the candidate can fulfill the obligations of Lieutenant as set forth in this Agreement. g. Supplemental Police Services: TriMet agrees to pay for supplemental Division police services on an intermittent basis to assist the Division in responding to occasional community impacts or surges that require additional policing. The Executive Director must approve the use of supplemental Division police services prior to deployment by the Division Commander. Once approval is received from the Executive Director, the Division Commander will submit in writing to the Executive Director the name of the Subsidiary Agreement jurisdiction providing the supplemental police services, and the number and names of personnel being assigned. h. Term of Assignment: Officers assigned to the Transit Police Division shall serve a minimum of three (3) years. The term of assignment may be extended upon mutual agreement by TriMet and the City of Tigard. In the event of a hardship, the City of Tigard shall notify TriMet in writing explaining the hardship. The term of the assignment shall be revised as mutually agreed upon. 3. REIMBURSEMENT OF COSTS a. Personnel Costs: The City of Tigard must pay the salaries, overtime, insurance, retirement, and other benefits ("Personnel Costs") of its respective personnel serving in the TriMet Transit Police Division. The City of Tigard shall invoice TriMet monthly for all actual incurred Personnel Costs for such Division personnel. Administrative fees charged by the City of Tigard to TriMet in connection with billings shall not exceed the sum of 5% of direct costs of salaries, overtime, insurance, retirement and other benefits paid to its personnel (Personnel Costs) assigned to the Division. TriMet agrees to compensate the City of Tigard within thirty(30) days after receiving the invoice. Invoices should be submitted to TriMet, Attn: Accounts Payable-FN4, 4012 SE 171h Avenue, Portland, OR 97202. b. Training/Meeting Costs. Training and meeting costs must be pre-approved by the Commander. Transit Police personnel must follow training protocols established by their respective agencies and complete the necessary paperwork to attend training. Trainings must be scheduled at least 30-days in advance. If approved by the Commander, the Commander shall forward the training/meeting cost requests to TriMet's Executive Director for final approval. TPD 2015-1020 The City of Tigard(GA Page 13 of 21 C. Equipment and Uniforms: The City of Tigard shall assign officers to Transit Police with a standard uniform and a complement of personal equipment at its own expense. Non-personal equipment purchased at TriMet expense specifically for Transit Police shall be for the exclusive use of Transit Police, regardless of title. Personal equipment (such as but not limited to TASERs) purchased by TriMet for the use of officers from other agencies that do not provide such equipment shall remain for exclusive use within Transit Police,regardless of title. Expenses associated with routine replacement of uniform and equipment damaged or worn-out in normal use shall be billed to TriMet subsequent to pre-approval by the Executive Director. Operating costs for equipment (such as but not limited to telecommunications, radios and mobile telephones) shall be billed to TriMet subsequent to pre-approval by the Executive Director. Monthly equipment replacement reserve costs for those items Portland manages in that manner shall be billed to TriMet. The City of Portland shall be responsible for its incurred expenses in performing this Agreement unless authorized and approved by the Executive Director in accordance with this subparagraph d. d. Any reimbursement by TriMet of costs or expenses incurred by Portland or Subsidiary Agreement jurisdictions in the performance of this Agreement not included in subparagraphs (a) and (b) shall be subject to the Executive Director's prior authorization and approval, including but not limited to expenditures for supplies, vehicles, equipment and uniforms. e. Amount: Before December 1st of each year of this Agreement, the City of Tigard must submit to TriMet a proposed annual budget for services under this contract for next fiscal year (July 1 through the following June 30). The parties will then agree on the compensation to be paid by TriMet for services to the City of Tigard under this Agreement. If the parties cannot agree on such compensation by June 1st, any party may elect to terminate this Agreement without penalty. TPD 2015-2020 The City of Tigard IGA Page 14 of 21 EXHIBIT 2 TRANSIT POLICE DIVISION STAFFING LETTER (on TriMet letterhead) (date of letter) Chief of PoliceCity of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 RE: City of Tigard Police Staffing to TriMet Transit Police Division Dear This letter is issued pursuant to the September 29, 2015 Agreement among the Tri-County Metropolitan Transportation District of Oregon (TriMet), the City of Portland and the City of Tigard, for TriMet Transit Police Services, as amended, to establish or change the number of police officers assigned from the City of Tigard to the TriMet Transit Police Division. Prior Staffing from (effective date of agreement), 2015, To-Date • from(effective date of agreement), 2015 to(date) (specify number of officer(s)) • from (date) to (date)etc. (specify revised number of officer(s)) etc. • from (date) to (effective date of this staffing change) (specify revised number of officer(s)) Staffing from(effective date of this staffing change) • from (effective date of this staffing change) (specify revised number of officer(s)) Any future change in the number of officers assigned from the City of Tigard Police to the TriMet Transit Police Division is subject to mutual agreement by the parties by subsequent letter in similar form. Sincerely, Harry Saporta Executive Director, Safety, Security& Environmental Services TriMet Agreed to by the City of Tigard: Agreed to by the City of Portland: Chief of Police date Transit Police Commander date TPD 2015-2020 The City of Tigard 1GA Page 15 of 21 EXHIBIT 3 TRANSIT POLICE DIVISION PERSONNEL OPERATIONS It is the intent of this Agreement: (1) to recognize that the TriMet Transit Police Division (Division) is staffed by police officers from multiple jurisdictions, each covered by their respective collective bargaining agreements, but that shifts, days off, vacations and overtime need to be assigned in a fair and equitable manner; (2) to provide for assignment of shifts, days off, vacations and overtime by seniority; (3) to allow for the change of shift hours of operation and to re-allocated positions and days off within certain shifts to maintain an appropriate balance of field strength. THE PARTIES AGREE THAT: 1. Current and future the City of Tigard officers assigned to the Division will use the City of Tigard date of hire seniority as the means to select shifts, days off, vacations and overtime. 2. Current and future the City of Tigard officers assigned to the Division will abide by the provisions of this Exhibit 3. 3. Seniority shall be defined as the length of uninterrupted service by the officer in his/her agency within the officer's classification following the officer's most recent appointment. Time spent in the Armed Forces, on military leaves of absence, other authorized leaves and time lost because of duty-connected disability shall be included in length of service. If an officer who has been promoted reverts to a position she/he formerly held, the officer's seniority shall be the sum of the seniority earned in the promotional class and in the class to which the officer reverts. 4. Subject to staffing needs and maintaining efficiency of the Division/Detail, seniority shall be the prime factor in the selection of shifts and days off provided the officer is otherwise qualified. Seniority shall govern in the selection of vacation and holidays. 5. In the case of voluntary transfer and/or assignment, the seniority of an officer shall apply immediately to the officer's choice concerning holidays and vacations. The transferring officer may not use seniority to bump another officer's shift or days off until 45 days from the date of the written request. 6. In case of involuntary transfer and/or assignment, the seniority of an officer shall apply immediately to the officer's choice concerning holidays and vacation. In the event of an involuntary transfer, the Division shall accommodate the shift and/or days off preferences of transferring officers immediately, and shall not involuntarily bump any other officer for at least thirty (30) days from the time the bumped officer receives notice of the bump. The transferring officer may not use seniority to bump another officer's shift or days off until 30 days from the date of the written request. 7. For the purposes of this Agreement, the phrase "Transferring Officer" shall refer to an officer desiring to change shifts, days off or assignments, or an officer who is involuntarily transferred. TPD 201 -2020 The City of Tigard(GA Page 16 of 21 8. The Division shall prepare a form to be used by officers desiring to transfer from one shift, assignment, or day off configuration to another within the same reporting unit. For the purposes of this Agreement, this form shall be referred to as the "Transfer Request Form." The Transfer Request Form shall contain a place for transferring officers to indicate their preferences with respect to shifts and days off. 9. A transferring officer may complete a Transfer Request Form at any time. If the officer is seeking or anticipating a transfer, the officer shall file the Transfer Request Form with a Division Lieutenant. If the officer is seeking a change in days off or shifts which do not involve a transfer between reporting units, the Transfer Request Form shall be filed with the officer's shift commander. The Division will forward a copy of the Transfer Request Form to the location of the anticipated transfer. 10. In the event of a change in days off or shifts that do not involve a change in reporting units, the time frames referred to in Sections 5 and 6 of this Exhibit 3 shall begin to run when the transferring officer submits the Transfer Request Form. 11. When the Division knows that an officer's preferences as indicated on a Transfer Request Form will result in the displacement of the shift or days off of another officer (referred to herein as the Transferred Officer), the Division shall notify the Transferred Officer as soon as possible of the fact that he or she may be bumped. 12. The Division shall accommodate the shift and/or days off preferences of transferring officers on a faster time schedule than that contained in Sections 5 and 6 of this Exhibit 3, if, in the Division's judgment, it is operationally sound to do so, provided that no other affected officer is bumped from his or her days off or shift who objects to the accommodation. 13. An officer may exercise seniority to bump another officer for shift and days off only once in ninety(90)days. 14. Vacations. Employees shall be allowed to select two vacation periods on the basis of seniority. Each vacation period must be of a minimum duration of one day. Vacation time shall be scheduled by the Division with due consideration being given to requests from officers which shall be determined among officers of equal rank by seniority; provided, however, that each officer shall be permitted to exercise the right of seniority only once each year. The sign-up deadline for the exercise of seniority in the selection of vacations shall be March 15 for the calendar year running from April 15 through April 14 of the following year. 15. Holiday Assignment. Where the shift strength is reduced or increased on holidays, consistent with the needs of the Division, assignments shall be offered to the most senior officer. Except for an emergency, the Division shall provide a minimum of ten (10) days' notice of any deviation from normal shift strength so that officers may plan the use of their time. A. Where shift strength is reduced, the most senior officer scheduled for duty on the shift shall be offered the option of working or not. Where shift strength is increased, the most senior officer on the shift shall be offered the option of working or not. B. For purposes of this section, New Year's Eve and Christmas Eve shall be treated as holidays. TPD 2015-2020 The City of Tigard ICA Page 17 of 21 16. Seniority for Vacation Purposes upon Transfer. If an officer is involuntarily transferred, the Division shall honor the officer's pre-selected vacation times, and shall not disrupt the pre- selected vacation time for other officers in the division to which the officer is involuntarily transferred. If an officer accepts a voluntary transfer, the Division shall attempt to accommodate, to the extent possible, the officer's pre-selected vacation times. 17. Shift Overtime. Where the overtime is not directly related to activities begun by an officer during the officer's regular shift, and where the planned overtime is anticipated to be four(4) hours or more in duration, the overtime shall be offered, in the order of seniority, to officers in the Division. Once each eligible officer has had the opportunity to work shift overtime in a pay period, officers may once again use their seniority to work shift overtime as described above, and the seniority list shall rotate in the same fashion thereafter. The Division shall maintain a list in each reporting unit upon which officers must place their names indicating a willingness to work shift overtime. If an officer is incorrectly passed over for shift overtime, the officer shall be allowed to work a makeup overtime assignment within the next two pay periods following the discovery of the error. The officer and the Division shall mutually agree upon the makeup overtime assignment, which shall not displace another officer's already-selected overtime assignment. An officer who has been incorrectly passed over shall not be otherwise entitled to compensation for the missed overtime. 18. Work Hours. An officer will normally be given adequate advance notice of any change in the officer's regular hours of work, except where an emergency (an emergency is defined as an unforeseen event affecting the Division's ability to perform its mission) exists. Notice given less than forty-eight (48) hours (or seventy-two [72] hours under the Four-Ten Plan) before the officer is to begin work under the changed schedule entitles the officer to compensation at the overtime rate for those hours not exceeding eight (8) hours that are earlier, later, or different from the hours the officer last worked in a work day. A police officer is not entitled to compensation under the overtime rate if the officer is otherwise entitled to compensation under the same hours of work, or if shift changes are the result of a voluntary transfer or promotion. 19. Discipline. Discipline and discharge of the City of Tigard officers assigned to the Division will be the responsibility of the City of Tigard and in accordance with the Collective Bargaining Agreement between the City of Tigard and the Tigard Police Officer's Association. 20. Citizen Complaints. All citizen complaints concerning the City of Tigard officers to be referred to the City of Tigard with the finding copied to the Commander, Transit Police Division. The City of Tigard agrees to: A. Maintain a police accountability system as described at subsections (B) through (G) below. B. Provide an accountability system intake point to which the other participating Transit Police jurisdictions ("jurisdictions") can refer or deliver complaints about the City of Tigard officers working in the Transit Police Division. C. Receive, review and evaluate all complaints referred or delivered by the other jurisdictions concerning its officers who work in the Transit Police Division. TPD 2015-2020 The City of Tigard IGA Page 18 of 21 D. Deliver all complaints about an officer who works in the Transit Police Division received from citizens or generated by peace officers to the accountability system intake point of the subject officer's employing jurisdiction. E. Absent a conflict with ORS 181.854 (3), permit investigators from other jurisdictions to share information with their counterparts investigating or reviewing an incident involving a Transit Police Division officer. F. Adhere to Portland Police Bureau Transit Police Division SOP A-20 (Exhibit 4) to the extent it does not conflict with the City of Tigard labor agreement and agency procedures or directives. G. Conduct joint investigations when necessary and appropriate. 21. Collective Bargaining Agreement. All other terms and conditions of any current Collective Bargaining Agreement between the City of Tigard and the Tigard Police Officer's Association shall remain in effect as to other issues not addressed by this Exhibit 3. In the event of a conflict between such Collective Bargaining Agreement and this Exhibit 3, the provisions of such Collective Bargaining Agreement shall govern. TPD 2015-2020 The City of Tigard IGA Page 19 of 21 EXHIBIT4 TRANSIT POLICE STANDARD OPERATING PROCEDURES SOP: A-20 EFFECTIVE: April 1,2012 REVIEW: April 1,2014 SUBJECT: Non-Criminal and Criminal Investigations Involving Transit Police Members PURPOSE: To establish a process for handling non-criminal and criminal investigations that respects all rights and privileges under the affected member's collective bargaining agreement and the member's agency policies. DEFINITIONS: Partner Agency: Any police agency that has a current Intergovernmental Agreement with the Tri- county Metropolitan Transit Authority to supply law enforcement services. Non-criminal Complaint: A complaint made against an officer or deputy where there are no allegations ofcriminal conduct. Criminal Investigation: An investigation to determine criminal culpability. Lead Agency: The agency taking primary responsibility for the non-criminal or criminal investigation. POLICY: Non-Criminal Investigations Non-criminal complaints received by the Transit Police Division (TPD), Internal Police Review (IPR) or any partner agency will be referred to the respective member's agency for disposition. The member's agency will be the lead agency and will be responsible for processing/investigating the complaint using their policies. Criminal Investigations Complaints or events that warrant a criminal investigation will be referred to the jurisdiction of occurrence. The jurisdiction of occurrence will become the lead agency. The lead agency will be responsible for processing/investigating the incident using their policies. Cooperation All partner agencies acknowledge that investigations should be thorough and completed without unreasonable delay. Partner agencies will cooperate with the lead agency in an investigation, to the extent allowed by their (partner agency) policies and collective bargaining agreements, to ensure the investigation is thorough and completed in a timely manner. TPD 2015-2020 The City of Tigard IGA Page 20 of 21 S , Notifications When the lead agency receives a complaint or opens an investigation where there is alleged misconduct by a TPD member, the lead agency will notify the TPD commander and the employing agency as soon as possible. At the completion of each investigation the lead agency will apprise the TPD commander and the employing agency of the findings. M CHAEL A. CREBS Commander Portland Police Transit Police Division TPD 2015-2020 The Cite of Tigard IGA Page 21 of 21 t—gly POLl�B 4 /Y� I TRANSIT POLICE f. 210 NW IST AVENUE �* \A��T1�1�Rg14 PORTLAND,OR 97209 ��RZ► t4*� - SERVICE PARTNERSHIP • INTEGRITYR� July 11, 2018 Chief Kathy McAlpine Tigard Police Department 13125 SW Hall Blvd. Tigard, OR 97223 RE: Tigard Police Department Staffing to TriMet Transit Police Division Dear Chief McAlpine: This letter is issued pursuant to the Intergovernmental Agreement among the Tri-County Metropolitan Transportation District of Oregon (TriMet), City of Tigard (Tigard) and the City of Portland (Portland), for TriMet Transit Police services, as amended, to establish or change the number of officers assigned from the Tigard Police Department to the TriMet Transit Police Division or to change the personnel assigned to the TriMet Transit Police Division. Staffing effective prior to July 11, 2018: • One (1) Sergeant Jarrod Prater#37387 • Five (5) Officers Andrew Pastore#40175 Vacant (Phillips replacement to be filled in July 2018) Brett Nunley 450343 Robert Whitham#49321 Megan Linn#54549 Staffing effective after July 11, 2018: • One (1) Sergeant Jarrod Prater 937387 • Five (5) Officers Andrew Pastore#40175 Gabe Maldonado #47256 Brett Nunley#50343 Robert Whitham#49321 Megan Linn#54549 503-962-7566 PHONE 503-962-7572 FAX Any future change in the number of officers assigned from City of Tigard to the TriMet Transit Police Division is subject to mutual agreement by the parties by subsequent letter. Sincerely, HARKAPORTA Safety and Security Executive Director TriMet HS/SW/al Agreed to by th City of Tigard: Agreed to by City of Portland: Kat MCAlp e at Sdra W stbrook at Chief of Police Transit Police Commander Chief Kathy McAlpine Tigard Police Department Page 2 of 2 July 11, 2018 t,1iBIT Pp\ aIT PQLlC,. • � TRANSIT POLICE 210 NW 15'1'AVENUE `.,ANRggQ'� PORTLAND,OR 97209 - SERVICE PARTNERSHIP • INTEGRITY _ May 1, 2018 0 Chief Kathy McAlpine D p Tigard Police Department 13125 SW Hall Blvd. Tigard, OR 97223 RE: Tigard Police Department Staffing to TriMet Transit Police Division Dear Chief McAlpine: This letter is issued pursuant to the Intergovernmental Agreement among the Tri-County Metropolitan Transportation District of Oregon(TriMet), City of Tigard (Tigard) and the City of Portland (Portland), for TriMet Transit Police services, as amended, to establish or change the number of officers assigned from the Tigard Police Department to the TriMet Transit Police Division or to change the personnel assigned to the TriMet Transit Police Division. Staffing effective prior to March 4, 2018: • One (1) Sergeant Jarrod Prater#37387 • Five (5) Officers Andrew Pastore#40175 Caleb Phillips#50201 Brett Nunley#50343 Robert Whitham#49321 Ron Wommack 438511 Staff ng effective after March 4, 2018: • One (1) Sergeant Jarrod Prater#37387 • Five (5) Officers Andrew Pastore#40175 Caleb Phillips #50201 Brett Nunley#50343 Robert Whitham 449321 Vacant (Wommack replacement to be filled in July 2018) Staffing effective after April 14 2018: • One (1) Sergeant Jarrod Prater#37387 503-962-7566 PRONE 503-962-7572 FAX • Five (5) Officers Andrew Pastore#40175 Vacant (Phillips replacement to be filled in July 2018) Brett Nunley#50343 Robert Whitham#49321 Vacant(Wommack replacement to be filled in July 2018) Staffing effective after MU 6, 2018: • One (1) Sergeant Jarrod Prater#37387 • Five (5) Officers Andrew Pastore #40175 Vacant(Phillips replacement to be filled in July 2018) Brett Nunley#50343 Robert Whitham#49321 Megan Linn#54549 Any future change in the number of officers assigned from City of Tigard to the TriMet Transit Police Division is subject to mutual agreement by the parties by subsequent letter. i Sincerely, HARRY&PORTASafety ancutive Director TriMet HS/SW/al Agre d to by th City of Tigard: Agreed to by City offpprtland: K l'y McAlp Date S W stbrook Date Chief of Police Transit Police Commander i 3 Chief Kathy McAlpine Tigard Police Department Page 2 of 2 May 1,2018 TRI MET . January 29, 2018 Chief Kathy McAlpine Tigard Police Department 13125 SW Hall Blvd. Tigard, OR 97223 RE: Tigard Police Department Staffing to TriMet Transit Police Division Dear Chief McAlpine: This letter is issued pursuant to the Intergovernmental Agreement among the Tri-County Metropolitan Transportation District of Oregon (TriMet), City of Tigard (Tigard) and the City of Portland(Portland),for TriMet Transit Police services,as amended,to establish or change the number of officers assigned from the Tigard Police Department to the TriMet Transit Police Division or to change the personnel assigned to the TriMet Transit Police Division. Staffing effective prior to December 6, 2017: • One (1) Sergeant Tom Duncan#37656 • Five (5) Officers Thomas "TJ"Hahn#33685 Caleb Phillips#50201 Brett Nunley#50343 Brian Jackson#39611 Ron Wommack#38511 Staffing effective December 10, 2017: • One (1) Officer Andrew Pastore#40175 Staffing effective January 7, 2018: • One (1) Sergeant Jarrod Prater 437387 Staffing effective January 21, 2018: • One (1) Officer Robert Whitham#49321 Any future change in the number of officers assigned from City of Tigard to the TriMet Transit Police Division is subject to mutual agreement by the parties by subsequent letter. Transit Police Division 210 NW 151 Ave. Portland,OR 97209 Sincerely, HARK PORTA Safety Security Executive Director TriMet HS/SW/al Agreed o by the ity of Tigard: Agreed to by City of Portland: a/11 /-3D -/� K by Mc 1pi had S estbrook Date Chief of Police Transit Police Commander N"kaiNAMMM February 25, 2016 Chief Alan Orr Tigard Police Department 13125 SW Hall Blvd. Tigard, OR 97223 RE: Tigard Police Department Staffing to TriMet Transit Police Division Dear Chief Orr: This letter is issued pursuant to the Intergovernmental Agreement among the Tri-County Metropolitan Transportation District of Oregon(TriMet), City of Tigard (Tigard) and the City of Portland(Portland), for TriMet Transit Police services, as amended, to establish or change the number of officers assigned from the Tigard Police Department to the TriMet Transit Police Division or to change the personnel assigned to the TriMet Transit Police Division.. Staffing effective prior to March 1, 2016: • One (1) Sergeant Neil Charlton#37656 • Four(4) Officers Bill Cote#41869 Thomas "TJ" Hahn#33685 Caleb Phillips#50201 Luis "Savi"Rivera#49196 Staffing effective March 6, 2016: • One (1) Sergeant Neil Charlton#37656 • Five (5) Officers Bill Cote#41869 Thomas "TJ" Hahn#33685 Caleb Phillips #50201 Luis "Savi" Rivera#49196 Brett Nunley 450343 Any future change in the number of officers assigned from City of Tigard to the TriMet Transit Police Division is subject to mutual agreement by the parties by subsequent letter. Tri-County Metropolitan Transportation District of Oregon 4012 SE 17th Avenue,Portland,Oregon 97202 • 503-238-RIDE(7433) • TTY 503-962-5811 . trimet.org Chief Alan Orr Tigard Police Department Page 2 of 2 February 25, 2016 Sincerely, HARRY APO TR A Safety Security Executive Director TriMet HS/ML/m Agre to by the City of Tigard: Agreed to by City of Portland: Alan Orr Date Mike Leloff Date Chief of Police Transit Police Commander December 21, 2015 Chief Alan Orr Tigard Police Dept 13125 SW Hall Blvd Tigard,OR 97223 RE: Tigard Police Department Staffing to TriMet Transit Police Division Dear Chief Orr: This letter is issued pursuant to the Intergovernmental Agreement among the Tri-County Metropolitan Transportation District of Oregon (TriMet),the City of Tigard(Tigard)and the City of Portland (Portland), for TriMet Transit Police Services, as amended,to establish or change the number of police officers assigned from the Tigard Police Department to the TriMet Transit Police Division. Staffing effective prior to January 6,2016: • Officer Robert Whitham#49321 Staffing;effective January 6, 2016: • Officer Thomas(TJ)Hahn#33685 Any future change in the number of officers assigned from the Tigard Police Department to the TriMet Transit Police Division is subject to mutual agreement by the parties by subsequent letter. Sincerel , HARRY ORTA Safety and ecurity Executive Director TriMet A reed to by the City Tigard: Agreed to by City of Portland: M-1I 14�1 lZ-2/-/r Alan On Date Mike Leloff Date Chief of Police Transit Police Commander Tri-County Metropolitan Transportation District of Oregon 4012 SE 17th Avenue,Portland,Oregon 97202 • 503-238-RIDE(7433) • TTY 7-1-1 • trimet.org INTERGOVERNMENTAL AGREEMENT AMONG THE TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON(TRIMET), THE CITY OF PORTLAND AND THE CITY OF TIGARD, OR. CONTRACT NO. 10-0815,AMENDMENT NO. 2 This Amendment No. 2 amends the July 1,2010 Intergovernmental Agreement("Agreement"), among the Tri- County Metropolitan Transportation District of Oregon("TriMet"),the City of Portland("Portland")and the City of Tigard("Tigard"}(collectively r9ferred to as the"Parties")as amended by Amendment No. 1, for provision of Transit Police Division ("Transit Police")services, effective June 24, 2015, The Parties agree as follows: 1. The term of the Agreement is hereby extended through September 28,2015. 2. All other terms and conditions of the Agreement shall remain in full force and effect. The individuals signing below represent and warrant that they have authority to bind the parry for which they sign. CITY OF TIGARD CITY OF PORTLAND TRI-COUNTY METROPOLITAN 13125 SW Hall Blvd. 1221 SW 4TH Ave. TRANSPORTATION DISTRICT OF Tigard,OR 97223 Portland,OR 97204 OREGON(TRIMET) 4012 SE 17th Ave. Portland,OR 97202 Martha fine Charlie Hales Harr Sapo a City Manager Mayor Execu i e Director, Safety, Security Envir mental Services zo�S c jib/-Z©l,; date date date -0/ arDrlull Caballero Auditor date Approved as to form: APPROVED AS TO FORM NiA - Legal Counsel T eeve;City norney TriMet Legal Co sel CITY ATTORNEY// date date oto date TRI Q)MET April 28, 2014 Chief Alan Orr Tigard Police Dept. 13125 SW Hall Blvd Tigard, OR 97223 RE: Tigard Police Department Staffing to TriMet Transit Police Division Dear Chief Orr: This letter is issued pursuant to the Intergovernmental Agreement among the Tri-County Metropolitan Transportation District of Oregon (TriMet),the City of Tigard(Tigard)and the City of Portland (Portland), for TriMet Transit Police Services, as amended, to establish or change the number of police officers assigned from the Tigard Police Department to the TriMet Transit Police Division. Staffing effective prior to January 9, 2014: • One Sergeant Neil Charlton • Four Officers William Cote, Christopher Haynes, Luis(Savi) Rivera, Robert Witham Staffing effective January 12,2014: • One Sergeant Neil Charlton • Four Officers William Cote, Caleb Phillips, Luis(Savi)Rivera, Robert Witham Any future change in the number of officers assigned from the Tigard Police Department to the TriMet Transit Police Division is subject to mutual agreement by the parties by subsequent letter. Sincerely, HA SAPORTA Safety d Security Executive TriMet Agreed to by the City Tigard: Agreed to by City of Portland: rr Date Kevin Modic laVt—eZ Chief of Police Transit Police Commander Tri-County Metropolitan Transportation District of Oregon • 4012 SE 17th Avenue,Portland,Oregon 97202 • 503-238-RIDE • TTY 503-238-5811 9 trimet.org TRI al, MET April 28, 2014 Chief Alan Orr Tigard Police Dept 13125 SW Hall Blvd Tigard, OR 97223 RE: Tigard Police Department Staffing to TriMet Transit Police Division Dear Chief Orr: This letter is issued pursuant to the Intergovernmental Agreement among the Tri-County Metropolitan Transportation District of Oregon(TriMet),the City of Tigard(Tigard)and the City of Portland (Portland), for TriMet Transit Police Services, as amended,to establish or change the number of police officers assigned from the Tigard Police Department to the TriMet Transit Police Division. Staffing effective prior to December 12, 2013: • One Sergeant Jeff Lain • Four Officers William Cote, Christopher Haynes, Luis(Savi)Rivera, Robert Witham Staffing effective December 31,2013: • One Sergeant Neil Charlton • Four Officers William Cote,Christopher Haynes, Luis(Savi) Rivera, Robert Witham Any future change in the number of officers assigned from the Tigard Police Department to the TriMet Transit Police Division is subject to mutual agreement by the parties by subsequent letter. Since ely, H Y SAPORTA Safety Security Executive TriMet Agreed to by the City Tigard: Agreed to by City of Portland: 4rr Date 4evin Modica Date Chief of Police Transit Police Commander Tri-County Metropolitan Transportation District of Oregon • 4012 SE 17th Avenue,Portland,Oregon 97202 • 503-238-RIDE • TTY 503-238-5811 • trimet.org <f AI 'T MET December 20,2013 Chief Alan Orr Tigard Police Dept. 13125 SW Hall Blvd Tigard,OR 97223 RE: Tigard Police Department Staffing to TriMet Transit Police Division Dear Chief Orr: This letter is issued pursuant to the Intergovernmental Agreement among the Tri-County Metropolitan Transportation District of Oregon(TriMet),the City of Tigard(Tigard)and the City of Portland (Portland),for TriMet Transit Police Services, as amended,to establish or change the number of police officers assigned from the Tigard Police Department to the TriMet Transit Police Division. Staffing effective prior to June 14,2013: • One Sergeant Jeff Lain • Four Officers Christopher Haynes, Gabriel Maldonado,Mike Powers,Robert Witham Staffing effective June 17,2013: • One Sergeant Jeff Lain • Four Officers Christopher Haynes, Mike Powers, Luis(Savi) Rivera, Robert Witham Any future change in the number of officers assigned from the Tigard Police Department to the TriMet Transit Police Division is subject to mutual agreement by the parties by subsequent letter. Since ely, SAPORTA Safety d Security Executive TriMet to by the City Tigard: Agreed to by City of Portland: AaDate evin Modica Date Chief of Police Transit Police Commander Tri-County Metropolitan Transportation District of Oregon 0 4012 SE 17th Avenue,Portland,Oregon 97202 • 503-238-RIDE TTY 503-238-5811 trimet.org INTERGOVERNMENTAL AGREEMENT AMONG THE TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON (TRIMET),THE CITY OF PORTLAND AND THE CITY OF TIGARD, OR 10-0815,AMENDMENT NO 1 This Amendment No 1-amends the July 1,2010 Intergovernmental Agreement('Agreement ),among the Tn- County Metropolitan Transportation District of Oregon("TriMet") the City of Portland('Portland')and the City of Tigard( Tigard')(collectively referred to as the"Parties")for provision of Transit Police Division ('Transit Police")services effective September 1, 2011 The Parties agree as follows 1 This Agreement is funded in part by a U S Department of Homeland Security Transit Security Grant between TnMet and the U S Department of Homeland Secunty This Agreement is subject to all provisions prescnbed for third party contracts by that financial assistance agreement as set forth in the attached and incorporated Exhibit A 2 All other terms and conditions of the Agreement shall remain in full force and effect The individuals signing below represent and warrant that they have authonty to bind the party for which they sign CITY OF TIGARD CITY OF PORTLAND TRI COUNTY METROPOLITAN TRANSPORTATION 13125 SW Hall Blvd 1221 SW 4TH Ave DISTRICT OF OREGON (TRIMET) Tigard,OR 97223 Portland Or 97204 4012 SE 17m Ave Portland,OR 97202 Marty me Sam Adams airy apo City Manager Mayor Safe Security Executive 4 30 2k2- Z J q APnIL aW l'-2, date date date L- may Lavorfe Griffiri-Valade Auditor da e Approved as form APPROVED AS TO FORM Legal Counsel CITY ATT ney ThMet Legal Counsel 14- q12�C�//2— date t date 6te EXHIBIT A U S DEPARTMENT OF HOMELAND SECURITY TRANSIT SECURITY GRANT CONTRACT REQUIREMENTS As used below the term"Contractor shall mean the City of Tigard Or I DEFINITIONS A Homeland Security Directive includes any Homeland Secunty circular notice order or guidance providing information about Homeland Security programs application processing procedures and Project management guidelines B Government means the United States of Amenca and any executive department or agency thereof C Homeland Security means the United States Department of Homeland Secunty(DHS)or it s Office of Domestic Preparedness D Third Party Subcontract means a subcontract at any tier entered into by Contractor or a subcontractor financed in whole or in part with Federal assistance originally derived from Homeland Security II FEDERAL REQUIREMENTS A Homeland Security requires that a grant recipient require that any contractor employed in completion of a DHS grant project comply with the following standard requirements the terms and conditions of which are incorporated herein by reference In addition any such contractor shall require each of its subcontractors employed in the completion of the project to comply with these requirements Adnumstrative Requirements • 44 CFR Part 13 Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, including the provisions set forth in this Exhibit A • 44 CFR part 10 Environmental Considerations Cost Principles • 2 CFR Part 225 Cost Principles for State Local and Indian tribal Governments(formerly OMB Circular A 87) Audit Requirements • OMB Circular A 133 Audits of States Local Governments and Non Profit Organizations B Contractor shall at all times comply with all applicable regulations policies procedures and Homeland Security Directives including without limitation those listed directly or by reference in the Transit Secunty financial assistance agreement between TnMet and the Homeland Secunty as they may be amended or promulgated from time to time during the tern of this Agreement Contractor s failure to so comply shall constitute a material breach of this Agreement Contractor agrees to include the above clause in each third party subcontract financed in whole or in part with Federal assistance provided by Homeland Security It is further agreed that the clause shall not be modified except to identify the subcontractor who will be subject to its provisions C All Homeland Security mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement Contractor shall not perform any act fail to perform any act or refuse to comply with any requests which would cause TnMet to be in violation of the Homeland Security terms and conditions III ACCESS TO RECORDS A Contractor agrees to provide TnMet Homeland Security the Comptroller General of the United States or any of their authorized representatives access to any books documents papers and records of the Contractor which are directly pertinent to this Agreement for the purposes of making audits exammations excerpts and transcriptions B Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed C Contractor agrees to maintain all books records accounts and reports required under this Agreement for a period of not less than six years after the later of (a)the date of termination or expiration of this Agreement or(b) the date Contractor receives final payment under this Agreement except in the event of litigation or settlement of claims ansing from the performance of this Agreement in which case Contractor agrees to maintain same until TnMet Homeland Security the Comptroller General or any of their duly authorized representatives have disposed of all such litigation appeals claims or exceptions related thereto D Contractor agrees to include paragraphs A B and C above in each third party subcontract financed in whole or in part with Federal assistance provided by Homeland Security It is further agreed that the clause shall not be modified except to identify the subcontractor who will be subject to its provisions IV DEBARMENT AND SUSPENSION This Agreement is a covered transaction for purposes of 49 CFR Part 29 As such, Contractor is required to verify that none of Contractor, its principals, as defined at 49 CFR 29 995, or affiliates, as defined at 49 CFR 29 905, are excluded or disqualified as defined at 49 CFR 29 940 and 29 945 By signing this Agreement, Contractor makes a material representation of fact relied upon by TnMet that Contractor has complied with 49 CFR Part 29 If it is later determined that Contractor knowingly rendered an erroneous representation of compliance with 49 CFR Part 29, in addition to and without limitation of the remedies available to TnMet, the Federal Government may pursue any available remedies, including but not limited to suspension and/or debarment In addition, Contractor is required to comply with 49 CFR 29, Subpart C throughout the term of this Agreement, and must include the requirement to comply with 49 CFR Part 29, Subpart C in any lower tier covered transaction it enters into V NO FEDERAL GOVERNMENT OBLIGATIONS TO CONTRACTOR A TnMet and Contractor acknowledge and agree that notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Agreement absent the express written consent by the Government the Government is not a party to this Agreement and shall not be subject to any obligations or liabilities to TnMet Contractor or any other party(whether or not a party to that Agreement)pertaining to any matter resulting from the underlying Agreement B Contractor agrees to include the above clause in each third party subcontract financed in whole or in part with Federal assistance provided by Homeland Security It is further agreed that the clause shall not be modified except to identify the subcontractor who will be subject to its provisions VI CONTRACT WORK HOURS AND SAFETY STANDARDS (applicable to non construction contracts in excess of$2 500 that employ laborers or mechanics) A Compliance Contractor agrees that it shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act(40 U S C Sections 327-330)as amended and as supplemented by Department of Labor regulations(29 C F R Part 5) which are incorporated herein B Overtime No contractor or subcontractor contracting for any part of the work under this Agreement which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one half tunes the basic rate of pay for all hours worked in excess of forty hours in such workweek C Violation, liability for unpaid wages, liquidated damages In the event of any violation of the clause in Paragraph B of this section, Contractor and any subcontractor responsible therefore shall be liable for the unpaid wages In addition, Contractor and subcontractor shall be liable to the United States for liquidated damages Such liquidated damages shall be computed with respect to each individual laborer or mechanic including watchmen and guards employed in violation of the clause set forth in paragraph B of this section in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph B of flus section D Withholding for unpaid wages and liquidated damages—TnMet shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph C of this section E Subcontracts-The contractor or subcontractor shall include in any subcontracts the clauses set forth in paragraphs A through D of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clau$es set forth in paragraphs A through D of this section VII NOTICE OF REPORTING REQUIREMENTS Contractor shall comply with the reporting requirements of Homeland Security stated in 44 C F R §§ 13 40 et seq The Contractor agrees to include the above clause in each third party subcontract financed in whole or in part with Federal assistance provided by Homeland Security It is further agreed that the clause shall not be modified except to identify the subcontractor who will be subject to its provisions VIII COPYRIGHTS A Contractor agrees that Homeland Security shall have a royalty free nonexclusive and irrevocable license to reproduce publish or otherwise use and to authorize others to use for government purposes 1 The copyright in any work developed with the assistance of funds provided under this Agreement 2 Any rights of copyright to which Contractor purchases ownership with the assistance of funds provided under this Agreement B Contractor agrees to include paragraph A above in each third party subcontract financed in whole or in part with Federal assistance provided by Homeland Security It is further agreed that the clause shall not be modified except to identify the subcontractor who will be subject to its provisions IX PATENT RIGHTS A General If any invention improvement or discovery is conceived or first actually reduced to practice in the course of or under this Agreement and that invention improvement or discovery is patentable under the laws of the United States of America or any foreign country TnMet and Contractor agree to take actions necessary to provide immediate notice and a detailed report to the Homeland Security Unless the Government later makes a contrary determination in writing irrespective of the Contractor's status (large business small business state government or instrumentality local government nonprofit organization institution of higher education individual) TnMet and Contractor agree to take the necessary actions to provide through Homeland Security those rights in that invention due the Government in accordance with 44 CFR Part 13 36(1) (8) B The Contractor also agrees to include paragraph A above in each third party subcontract for experimental developmental or research work financed in whole or in part with Federal assistance provided by Homeland Security X ENERGY CONSERVATION REQUIREMENTS Contractor agrees to comply with mandatory standards and policies relatmg to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act(Pub L 94 163 89 Stat 871) Contractor agrees to include the above clause 1n each third party subcontract financed in whole or in part with Federal assistance provided by Homeland Security It 1s further agreed that the clause shall not be modified except to identify the subcontractor who w111 be subject to its provisions XI ENVIRONMENTAL REQUIREMENTS A Contractor agrees to comply with all applicable standards orders or regulations issued pursuant to the Federal Water Pollution Control Act as amended 33 U S C §§ 1251 et seq Contractor agrees to report each violation of these requirements to Tr1Met and understands and agrees that TnMet will in turn report each violation as required to assure notification to Homeland Security and the appropriate EPA regional office B Contractor agrees to comply with applicable standards orders or regulations issued pursuant to the Clean Air Act as amended,42 U S C §§ 7401, et seq Contractor agrees to report each violation to TnMet and understands and agrees that TnMet will in turn report each violation as required to assure notification to Homeland Security and the appropriate EPA Regional Office C Contractor will comply with Executive Order 11738 and Environmental Protection Agency regulations (40 CFR Part 15) D Contractor agrees to include the requirements at paragraphs A B and C above in each third party subcontract exceeding$100 000 financed in whole or in part with Federal assistance provided by Homeland Security s� b CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that (1) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned to any person for influencing or attempting to influence an officer or employee of an agency a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any Federal contract the malung of any Federal grant the making of any Federal loan the entering into of any cooperative agreement and the extension continuation renewal amendment or modification of any Federal contract grant loan or cooperative agreement (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with this Federal contract grant loan or cooperative agreement the undersigned shall complete and submit Standard Form LLL 'Disclosure Form to Report Lobbying ' in accordance with its instructions (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers(including subcontracts subgrants and contracts under grants loan and cooperative agreements)and that all subrecipients shall certify and disclose accordingly This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U S Code Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure The Contractor, the City of Tigard, Or, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any Executed this `'t day of t 1 , 20�2 By L'Oalf�o� (Signature of authorized official) MaAa- L Witwi, Ctj WnAoWr (Title of authorized official) j INTERGOVERNMENTAL AGREEMENT AMON(34HE TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON, THE CITY OF PORTLAND AND THE CITY OF TIGARD FOR TRANSIT POLICE SERVICES Contract No. 10-0815 This Agreement is entered into among the Tri-County Metropolitan Transportation District of Oregon ("TriMet"), the City of Portland (Portland) and the C t�y of Tigard, pursuant to authority grantedin ORS Chapter 190, RECITAL TriMet, Portland and the City of Tigard ("the parties") desire to enter into an Agreement with respect to Transit Police Division services including but not limited to deployment strategy, priority of services and administrative procedures. AGREEMENT The parties agree as follows: 1. TERM: The initial term of this Agreement shall be from July 1, 2010 through June 30, 2011. Thereafter, this Agreement will automatically renew for successive one-year terms through June 30, 2015, unless terminated sooner under the terms of this Agreement. 2. RESPONSIBILITIES OF PARTIES: See attached Exhibits 1 through 3. 2. TERMINATION: a. Any party may terminate this Agreement for its convenience and without penalty by giving the other parties thirty(30) days written notice of its intention to terminate. b. If TriMet is unable to appropriate-sufficient funds to pay the City of Tigard for their services under this Agreement, TriMet must notify the City of Tigard and Portland and this Agreement shall automatically 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, indemnify and hold harmless any other jurisdiction. 4. INDEMNIFICATION: Portland and the City of Tigard will be responsible for the work of the officers assigned to the TriMet Transit Police Division. TPD 2010-2015 City of Tigard IGA March 2010 Page 1 of 11 Subject to the conditions and limitations of the Oregon Constitution and the Oregon Tort Claims Act, ORS 30.260 through 30.300, the City of Tigard shall indemnify, defend and hold -harmless TriMet and Portland from and against all liability, loss, and costs arising out of or resulting from the acts of the City 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, TriMet shall indemnify, defend, and hold harmless the City of Tigard and Portland from and against all liability, loss, and costs arising out of or resulting from the acts of TriMet, 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, Portland shall indemnify, defend, and hold harmless the City of Tigard and TriMet from and against all liability, loss, and costs arising out of or resulting from the acts of Portland, its officers, employees, and agents in the performance of this Agreement. 5. INSURANCE: Each party shall be responsible for providing workers' compensation insurance for their respective employees, as required by law, and may elect to commercially insure or self insure for any other liabilities assumed under this Agreement. 6. ADHERENCE TO LAW: Each party must comply with all federal, state, and local laws and ordinances applicable to this Agreement. 7. 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. 8. SUBCONTRACTOR AND ASSIGNMENT: No party shall subcontract or assign any part of this Agreement without the written consent of the other parties. 9. ENTIRE AGREEMENT: This Agreement incorporates by reference and makes all of the terms and conditions of the Exhibits 1 through 3 attached hereto a part of this Agreement and constitutes the entire agreement between the parties. This Agreement may be modified or amended only by the written agreement of the parties. 10. 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. 11. 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. 12. 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: TPD 2010-2015 City of Tigard IGA March 2010 Page 2 of 11 The parties have caused this Agreement to be executed by their duly appointed officers, authorized to , bind the party for which they sign. CITY OF TIGARD CITY OF PORTLAND TRI-COUNTY METROPOLITAN 13125 SW Hall Blvd. 1221 SW 4Ttt Ave. TRANSPORTATION DISTRICT OF Tigard, OR 97223 Portland Or. 97204 OREGON (TRIMET) 4012 SE 17th Ave. Portland,OR. 97202 Craig ser Sam ams Shelly Lomax City Manage r Mayor Executive Director, Operations 3�L�/o G• 'a. P o �i — 6 r� date date date avon riffin-Valade Auditor 0, date date Approved as to form: ROVED AS TO F ORM MTS Legal Counsel Lin `} ,tWr& I ril et Legal Counsel ` � , -- — he date date date Exhibits: Exhibit 1 —Transit Police Division Administration & Operations Exhibit 2 —Transit Police Division Staffing Letter Exhibit 3 —Transit Police Division Personnel Operations TPD 2010-2015 City of Tigard IGA March 2010 Page 3 of 11 EXHIBIT 1 TRANSIT POLICE DIVISION ADMINISTRATION& OPERATIONS 1. SERVICE LEVEL For the term of this Agreement, City of Tigard will provide one or more full-time officer(s) for assignment to the Transit Police Division (hereinafter Division), in such numbers and classifications as the parties mutually agree in writing, by letter among the City of Tigard, the Transit Police Division Commander and TriMet's Executive Director - Operations, with such letter in the form set forth in Exhibit 2. If a vacancy of any of the agreed-upon number of officers is not filled within 90 days, the parties agree that TriMet may reassign the opening to another jurisdiction, to provide officer(s) to the Division. The City of Tigard personnel assigned to the Division will remain employees of the City of Tigard and will not be considered employees or agents of TriMet or the City of Portland (Portland). For purposes of this Agreement, the officer(s) assigned to the Division will be referred to as assigned to the TriMet Transit Police Division. 2. OPERATIONS a. Deployment Strategy and Priority for Services: The parties recognize that they have legitimate interests in the management and deployment of officers assigned to the Transit Police Division. The parties will work together to ensure: (1) On-Board Presence: The priority for Transit Police deployment is presence on the transit system vehicles and at transit system public facilities. (2) Calls for Service: In general, response to 9-1-1 calls for transit system incidents shall be responded to by local law enforcement from the respective jurisdiction. (3) Arrests: Arrests on the transit system incidents shall be by the respective Transit Police or local law enforcement that originated action on the incident. (4) Law Enforcement Support: Transit Police and local law enforcement shall be responsible for law enforcement support activities for their respective primary areas of responsibility. (5) Enforcement: Transit Police enforcement shall focus on TriMet ordinances, including fare enforcement, and State and City laws to help ensure the security of passengers, employees, and transit system property. (6) Tar eting: Transit Police deployment shall focus on identified problem areas, routes and/or transit centers/transfer points based on data relative to the greatest needs for"preventive action"; using community policing strategies whenever possible. TPD 2010-2015 City of Tigard ICA March 2010 Page 4 of 11 b. Agency Cooperation and Coordination: (1) The parties will work closely and continuously communicate with each other to ensure that the resources, strategies, work force deployment, and initiatives of TriMet, Portland, the City of Tigard are coordinated and effective. (2) The Commander, TriMet Transit Police Division, or his/her designee, will coordinate contact with the parties to insure that the resources, strategies, work force deployment, and initiatives of the Division and those of the respective law enforcement agencies are coordinated and effective. (3) The City of Tigard agrees to work cooperatively in an effort to increase reporting of TriMet related incidents. The City of Tigard agrees to provide to the.Division TriMet coded reports, data, and records. TriMet agrees to make available to the City of Tigard, through the Division, particular data, reports, records, etc. that will assist in fulfilling the mission as outlined in this document. C. Officer Seniority: Determination of officer seniority of the Transit Police Division for purposes of making shift, vacation, holiday, and overtime assignments shall be according to the attached Exhibit 3. d. K-9 Unit Training Facility: TriMet has entered into a ground lease (hereinafter"Lease") with the Port of Portland effective September 17, 2007 for the use of certain premises (hereinafter"Premises") to house explosives storage magazines in support of TriMet's training requirements to maintain U.S. Department.of Homeland Security, Transportation Security Administration ("TSA") certification for K-9 units. Certain Transit Police Division personnel as designated by TriMet and TSA will be authorized to access and utilize the Premises for purposes of TriMet's K-9 unit training in accordance with the Lease terms. The City of Tigard agrees that the work and operations of the Division including assigned transit police personnel, with respect to activities relating to the Premises, are subject to and shall comply with all provisions and requirements of the Lease, the terms of which are incorporated into and made part of this Agreement, and specifically any obligations of TriMet as Lessee. 3. REIMBURSEMENT OF COSTS a. Costs: The City of Tigard must pay the salaries, overtime, insurance, retirement, and other benefits of its respective officers serving in the TriMet Transit Police Division. The City of Tigard shall invoice TriMet monthly for all such Division personnel. Administrative fees charged by the City of Tigard to TriMet in connection with billings shall not exceed the sum of S% of direct costs of salaries, overtime, insurance, retirement and other benefits paid to its personnel assigned to the Division. TriMet agrees to compensate the City of Tigard within thirty (30) days after receiving the invoice. Invoices should be submitted to TriMet,'Attn: Accounts Payable-FN4, 4012 SE 17th Avenue, Portland, OR 97202. TPD 2010-2015 City of Tigard IGA March 2010 Page 5 of 11 b. Amount: Before April 1St of each year of this Agreement, the City of Tigard must submit to TriMet a proposed annual budget for services under this contract for next fiscal year (July 1 through the following June 30). The parties will then agree on the compensation to be paid by TriMet for services to the City of Tigard under this Agreement. if the parties cannot agree on such compensation by June 1St, any party may elect to terminate this Agreement without penalty. TPD 2010-2015 City of Tigard IGA March 2010 Page 6 of 11 EXHIBIT 2 TRANSIT POLICE DIVISION STAFFING LETTER (on TriMet letterhead) (date of letter) Chief of Police City of Tigard 13125 SW Hall Blvd, Tigard, Or. 97223 RE: City of Tigard Police Staffing to TriMet Transit Police Division Dear This letter is issued pursuant to the 2010 Agreement among the Tri-County Metropolitan Transportation District of Oregon (TriMet), the City of Portland and City of Tigard,.for TriMet Transit Police Services, as amended, to establish or change the number of police officers assigned from the City of Tigard to the TriMet Transit Police Division. Prior Staffing from (effective date of agreement), 2010, To-Date 9 from (effective date of agreement), 2010 to(date) (specify number of officer(s)) from (date) to (date) etc. (specify revised number of officer(s)) etc. • from (date) to (effective date of this staffing change) (specify revised number of officer(s)) Staffing from (effective date of this staffing change) 19 from (effective date of this staffing change) (specify revised number of officer(s)) Any future change in the number of officers assigned from City of Tigard Police to the TriMet Transit Police Division, is subject to mutual agreement by the parties by subsequent letter in similar form. Sincerely, Shelly Lomax Executive Director, Operations TriMet Agreed to by City of Tigard: Agreed to by City of Portland: 3- 2 0 Chief of Police date Transit Police Commander date TPD 2010-2015 City of Tigard IGA March 2010 Page 7 of I 1 EXHIBIT 3 TRANSIT POLICE DIVISION PERSONNEL OPERATIONS It is the intent of this Agreement: (1) to recognize that the TriMet Transit Police Division (Division) is staffed by police officers from multiple jurisdictions, each covered by their respective collective bargaining agreements,but that shifts, days off, vacations and overtime need to be assigned in a fair and equitable manner; (2) to provide for assignment of shifts, days off, vacations and overtime by seniority; (3) to allow for the change of shift hours of operation and to re-allocated positions and days off within certain shifts to maintain an appropriate balance of field strength. THE PARTIES AGREE THAT: 1. Current and future City of Tigard officers assigned to the Division will use their City of Tigard date of hire seniority as the means to select shifts, days off, vacations and overtime. 2. Current and future City of Tigard officers assigned to the Division will abide by the provisions of this Exhibit 3. 3. Seniority shall be defined as the length of uninterrupted service by the officer in his/her agency within the officer's Civil Service classification following the officer's most recent appointment. Time spent in the Armed Forces, on military leaves of absence, other authorized leaves and time lost because of duty-connected disability shall be included in length of service. If an officer who has been promoted reverts to a position she/he formerly held, the officer's seniority shall be the sum of the seniority earned in the promotional class and in the class to which the officer reverts. 4. Subject to manpower needs and maintaining efficiency of the Division/Detail, seniority shall be the prime factor in the selection of shifts and days off provided the officer is otherwise qualified. Seniority shall govern in the selection of vacation and holidays. 5. In the case of voluntary transfer and/or assignment, the seniority of an officer shall apply immediately to the officer's choice concerning holidays and vacations. The transferring officer may not use seniority to bump another officer's shift or days off until 45 days from the date of the written request. 6. In case of involuntary transfer and/or assignment, the seniority of an officer shall apply immediately to the officer's choice concerning holidays and vacation. In the event of an involuntary transfer, the Division shall accommodate the shift and/or days off preferences of transferring officers immediately, and shall not involuntarily bump any other officer for at least thirty(30) days from the tirne the bumped officer receives notice of the bump. The transferring officer may not use seniority to bump another officer's shift or days off until 30 days from the date of the written request. TPD 2010-2015 City of Tigard IGA March 2010 Page 8 of 11 7. For the purposes of this Agreement, the phrase "Transferring Officer"shall refer to an officer desiring to change shifts, days off or assignments, or an officer who is involuntarily transferred. 8. The Division shall prepare a form to be used by officers desiring to transfer from one shift, assignment, or day off configuration to another within the same reporting unit. For the purposes of this Agreement, this form shall be referred to as the"Transfer Request Form." The Transfer Request Form shall contain a place for transferring officers to indicate their preferences with respect to shifts and days off 9. A transferring officer may complete a Transfer Request Form at any time. If the officer is seeking or anticipating a transfer, the officer shall file the Transfer Request Form with a Division Lieutenant. If the officer is seeking a change in days off or shifts which do not involve a transfer between reporting units, the Transfer Request Form shall be filed with the officer's shift commander. The Division will forward a copy of the Transfer Request Form to the location of the anticipated transfer. 10. In the event of a change in days off or shifts that do not involve a change in reporting units, the time frames referred to in Sections 5 and 6 of this Exhibit 3 shall begin to run when the transferring officer submits the Transfer Request Form. 11. When the Division knows that an officer's preferences as indicated on a Transfer Request Form will result in the displacement of the shift or days off of another officer (referred to herein as the Transferred Officer), the Division shall notify the Transferred Officer as soon as possible of the fact that he or she may be bumped. 12. The Division shall accommodate the shift and/or days off preferences of transferring officers on a faster time schedule than that contained in Sections 5 and 6 of this Exhibit 3, if, in the Division's judgment, it is operationally sound to do so, provided that no other affected officer is bumped from his or her days off or shift who objects to the accommodation. 13. An officer may exercise seniority to bump another officer for shift and days off only once in ninety(90) days. 14. Vacations. Employees shall be allowed to select two vacation periods on the basis of seniority. Each vacation period must be of a minimum duration of one day. Vacation time shall be scheduled by the Division with due consideration being given to requests from officers which shall be determined among officers of equal rank by seniority; provided, however, that each officer shall be permitted to exercise the right of seniority only once each year. The sign-up deadline for the exercise of seniority in the selection of vacations shall be March 15 for the calendar year running from April 15 through April 14 of the following year. 15. Holiday Assignment. Where the shift strength is reduced or increased on holidays, consistent with the needs of the Division, assignments shall be offered to the most senior officer. Except for an emergency, the Division shall provide a minimum of ten (10) days' notice of any deviation from normal shift strength so that officers may plan the use of their time. A. Where shift strength is reduced, the most senior officer scheduled for duty on the shift shall be offered the option of working or not. Where shift strength is increased, the most senior officer on the shift shall be offered the option of working or not. TPD 2010-2015 City of Tigard IGA March 2010 Page 9 of 11 B. For purposes of this section, New Year's Eve and Christmas Eve shall be treated as holidays. 16. Seniority for Vacation Purposes upon Transfer. If an officer is involuntarily transferred, the Division shall honor the officer's pre-selected vacation times, and shall not disrupt the pre-selected vacation time for other officers in the division to which the officer is involuntarily transferred. If an officer accepts a voluntary transfer, the Division shall attempt to accommodate, to the extent possible, the officer's pre-selected vacation times. 17. Shift Overtime. Where the overtime is not directly related to activities begun by an officer during the officer's regular shift, and where the planned overtime is anticipated to be four(4) hours or more in duration, the overtime shall be offered, in the order of seniority, to officers in the Division. Once each eligible officer has had the opportunity to work shift overtime in a pay period, officers may once again use their seniority to work shift overtime as described above, and the seniority list shall rotate in the same fashion thereafter. The Division shall maintain a list in each reporting unit upon which officers must place their names indicating a willingness to work shift overtime. If an officer is incorrectly passed over for shift overtime, the officer shall be allowed to work a makeup overtime assignment within the next two pay periods following the discovery of the error. The officer and the Division shall mutually agree upon the makeup overtime assignment, which shall not displace another officer's already-selected overtime assignment. An officer who has been incorrectly passed over shall not be otherwise entitled to compensation for the missed overtime. 18. Work Hours. An officer will normally be given adequate advance notice of any change in the officer's regular hours of work, except where an emergency (an emergency is defined as an unforeseen event affecting the Division's ability to perform its mission) exists. Notice given less than forty-eight (48) hours (or seventy-two [72] hours under the Four-Ten Plan)before the officer is to begin work under the changed schedule entitles the officer to compensation at the overtime rate for those hours not exceeding eight (8) hours that are earlier, later, or different from the hours the officer last worked in a work day. A police-officer is not entitled to compensation under the overtime rate if the officer is otherwise entitled to compensation under the same hours of work, or if shift changes are the result of a voluntary transfer or promotion. 19. Discipline. Discipline and discharge of City of Tigard officers assigned to the Division will be the responsibility of the City of Tigard and in accordance with the Collective Bargaining Agreement between the City of Tigard and the Tigard Officer's Association. 20. Citizen Complaints. All citizen complaints concerning City of Tigard officers to be referred to the City of Tigard and finding copied to the Commander, Transit Police Division. The City of Tigard agrees to: A. Maintain a police accountability system as described at subsections (B) through (G) below. B. Provide an accountability system intake point to which the other participating Transit Police jurisdictions ("jurisdictions") can refer or deliver complaints about City of Tigard officers working in the Transit Police Division. C. Receive, review and evaluate all complaints referred or delivered by the other jurisdictions concerning its officers who work in the Transit Police Division. D. Deliver all complaints about an 6fficer who works in the Transit Police Division received from citizens or generated by peace officers to the accountability system intake point of the subject officer's employing jurisdiction. TPD 2010-2015 City of Tigard ICA March 2010 Page 10 of 11 E. Absent a conflict with ORS 181.854 (3), permit investigators from other jurisdictions to share infonnation with their counterparts investigating or reviewing an incident involving a Transit Police Division officer. F. Adhere to Portland Police Bureau Transit Police Division SOP A-20 to the extent it does not conflict with the City of Tigard labor agreement and agency procedures or directives. G. Conduct joint investigations when necessary an appropriate. 21. Collective Bargaining Agreement. All other terms and conditions of any current Collective Bargaining Agreement between the City of Tigard and the Tigard Police Officer's Association shall remain in effect as to other issues not addressed by this Exhibit 3. In the event of a conflict between such Collective Bargaining Agreement and this Exhibit 3, the provisions of such Collective Bargaining Agreement shall govern. TPD 2010-2015 City of Tigard 1GA March 2010 Page 11 of 11 INTERGOVERNMENTAL AGREEMENT This Agreement is among the Tri-County Metropolitan Transportation District of Oregon (TriMet),the City of Tigard (Tigard) and the City of Portland(Portland), pursuant to authority,granted in'ORS Chapter,190. The purpose of this agreement is,to provide one officer(1.0 FTE)to the TriMet Transit Police Division,which,is.operated and administered by the Portland Police Bureau under a separate contract between TriMet and Portland. TriMet,through Portland, will compensate Tigard for the services of the officer,assigned to the Transit Police Division. The parties agree as follows: 1. TERM: The term of this agreement is from March 1, 2005 to June 30, 2005, unless terminated sooner under the provisions hereof. 2. RESPONSIBILITIES OF PARTIES: See attached Exhibit 1. 3. TERMINATION: This agreement may be terminated as follows: a. Any party may terminate this agreement for its convenience and without penalty upon thirty(30) days written notice of its intention to terminate. b. If TriMet is unable to appropriate sufficient funds to pay Tigard for its services under this agreement, TriMet must notify Tigard and Portland and the agreement terminates 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. 4. INDEMNIFICATION: Portland and Tigard will be responsible for the work of the officers assigned to the TriMet Transit Police Division. 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 TriMet and Portland 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,TriMet shall indemnify, defend, and hold harmless Tigard and Portland from and against.all liability, loss, and costs arising out of or resulting from the acts of TriMet, its officers, employees,and agents in the performance of this agreement. Subject to the conditions and limitations of the Oregon Constitution and the Oregon TortClaims Act, ORS 30:260 through 30:300,Portland shall indemnify, defend,and hold harmless Tigard and TriMet from and against all liability, loss, and costs arising out of or resulting from the acts of Portland, its officers, employees, and agents in the performance of this agreement. March 1,2005 Page 1 of 7 5. INSURANCE: Each party shall be responsible for providing workers' compensation insurance as required by law. No party shall be required to provide or show proof of any other insurance coverage. 6. ADHERENCE TO LAW: Each party must comply with all federal, state, and local laws and ordinances applicable to this agreement. 7. 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. 8. SUBCONTRACTOR AND ASSIGNMENT: No party shall subcontract or assign any part of this agreement without the written consent of the other parties. 9. ENTIRE AGREEMENT: This agreement and Exhibits 1 and 2 constitute the entire agreement between the parties. This agreement may be modified or amended only by the written agreement of the parties. 10. 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. 11. 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. 12. 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 TRIMET PORTLAND City Manager Bureau of Police 13125 SW Hall Blvd 4012 SE 17`h 11,11' SW 2°d Avenue Tigard, OR 97223 Portland, OR 97202 Portland, OR 97204 Attn: Cra' ser Attn: Robert T. Nelson Attn: Ghee,f Gra" Cwjn CIfIL6 s T /I/,r64,- Si tat e. S . nat /�//�y, Si ure Print Print Print Title Title D4KH n Title , d Approved as to form: By: APPR�V1��A�•m Tin��a Ti Counsel gal Counsel City A ey CITY ATTORNEY March 1,2005 Page 2 of 7 EXHIBIT 1 INTERGOVERNMENTAL AGREEMENT BETWEEN TIGARD,THE CITY'OF PORTLAND AND THE TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON 1. SERVICE LEVEL For the term of this.contract,Tigard will provide one(1) full-time officer(FTE) for assignment to the.Transit Police Division(hereinafter Division). On an annual basis,the parties.will agree upori the level of police service including personnel, equipment,and related support, to be provided to the Division. Tigard personnel assigned to the Division will remain employees of Tigard and will not be considered employees or agents of TriMet or the City of Portland (Portland). For purposes of this agreement,the officer assigned to the Division will be referred to as assigned to the TriMet Transit Police Division. 2. OPERATIONS a. Deployment: The parties recognize that they have legitimate interests in the management and deployment of officers assigned to the Division. The parties will work together to ensure that the allocation-and deployment of police personnel assigned to the Division shall be consistent with TriMet's System Security Plan. b. Speciallyy,Assign: The parties recognize the value of police specialty assignments and training. TriMet reserves the right,however, to limit the number of deputies/officers assigned to the Division who hold specialty status and require specialized training. C. Daily Operation: The Division's sergeants and command personnel will provide supervision of Tigard officers for the daily operation of the Division. d. General Orders, Standard Operation Procedures, and Testing: All officers assigned to the Division will remain subject to the General Orders and training requirements of Tigard: Additionally, all deputies/officers assigned to the Division will abide by the Division's Standard Operating Procedures. e. Selection and Assignment: The command personnel of Tigard, TriMet, and Portland will jointly select.and assign deputies/officers to the Division. The relevant command personnel will make every effort to select the most qualified available deputy/officer making application for assignment to the Division. f. Agency Cooperation and Coordination: (1) The parties will work closely and.continuously communicate with each other to ensure that the resources,strategies,work force deployment, and initiatives of TriMet,Portland, and Tigard are coordinated and effective. (2) The Commander, TriMet Transit Police Division, or his/her designee, will coordinate contact with the parties to insure that the resources, strategies,work March 1,2005 Page 3 of 7 force deployment, and initiatives of the Division and those of the respective law enforcement agencies are coordinated and effective. (3) Tigard agrees to work cooperatively in an effort to increase reporting of.TriMet related incidents. Tigard agrees to provide to the Division TriMet coded reports, data, and records. TriMet,agrees to make available to Tigard,through the Division,particular date reports, records, etc. that will assist in fulfilling the mission as outlined in this document. g. Officer Seniority Determination of deputy/officer seniority for purposes of making shift, vacation,holiday, and overtime assignments shall be according to the Memorandum of Agreement between Tigard, the Tigard Police Officers' Association,Portland and TriMet attached hereto as Exhibit 2. 3. REIMBURSEMENT OF COSTS a. Costs: Tigard must pay the-salaries,overtime, insurance, retirement, and other benefits of its respective deputies/officers serving in the TriMet Transit Police Division. Tigard must bill the Portland Police Bureau, Fiscal Division,monthly for the salaries, overtime, insurance,retirement, other benefits and Indirect(overhead not to exceed 10%)charges incurred by Tigard to provide personnel. Billings will be sent to: PPB Fiscal Division, 1111 SW 2"d Avenue,Portland, OR 91204. Portland agrees to compensate-Tigard within 30 days after receiving the.bill. b. Amount: Before April 1 t of each year of this agreement, Portland and Tigard must submit to TriMet a proposed annual budget for services under this contract for next fiscal year(July 1 through the following June 30). The parties will then agree on the compensation to be paid by TriMet for services to Portland and Tigard'.under this' agreement. If the.parties.cannot agree on such compensation by April l" of each year of this agreement or at anytime during the term of this agreement, any party may elect to terminate this agreement for its convenience and without penalty in accordance with the Termination provision in this agreement. March 1,2005 Page 4 of 7 EXHIBIT 2 MEMORANDUM OF AGREEMENT BY AND BETWEEN THE CITY OF'TIGARD,TRIMET, AND THE CITY OF PORTLAND, The parties to this agreement are'the City of Tigard,the City of Portland and TriMet. It is the intent of this agreement:,(1)to recognize that the TriMet Transit Police Division(Division) is staffed by police officers from many jurisdictions, each covered by their respective collective bargaining agreements,but that shifts,days off, vacations and overtime need to be assigned in a fair and equitable manner; (2)to provide for assignment of shifts,days off, vacations and overtime by seniority; (3)to allow for the change of shift hours of operation and to re-allocated positions and days off within certain shifts to maintain an appropriate balance of field strength. THE PARTIES AGREE THAT: 1. Current and future Tigard officers assigned to the Division will use their Tigard date of hire seniority as the means to select shifts,days off,vacations and overtime. 2. Current and future Tigard officers assigned to the Division will abide by the following: 3. Seniority shall be defined as the length of uninterrupted services by the officer in his/her agency within the officer's Civil Service classification following the officer's most recent appointment. Time spent in the Armed Forces, on military leaves of absence, other authorized leaves. and time lost because of duty-connected disability shall be included in length of service. If an officer who has been promoted reverts to a position s/he formerly held,the officer's;seniority shall be the sum of the seniority earned in the promotional class and in the class to which the officer reverts. 4. Subject to manpower needs and maintaining efficiency of the Division/Detail, seniority shall be the prime factor in the selection of shifts and days off provided the officer is otherwise qualified. Seniority shall govern in the selection of vacation and holidays. 5. In the case of voluntary transfer and/or assignment,the seniority of an officer shall apply immediately to the officer's choice concerning holidays and vacations. The transferring officer may not use seniority to bump another officer's shift or days off until 45 days from the date of the written request. 6. In case of involuntary transfer and/or assignment,the seniority of an officer shall apply immediately to the officer's choice concerning:holidays and vacation. The transferring officer may not use seniority to bump another officer's,shift or days off until 30'days from the date of the written request. 7. For the purposes of this Agreement,the phrase"Transferring Officer"shall refer to an officer desiring to change shifts, days off or assignments, or an officer who is involuntarily transferred. 8. The Division shall prepare a form to be used by officers.desiring to transfer from one shift, assignment,or day off configuration to another within the same reporting unit. For the purposes of this March 1,2005 Page 5 of 7 Agreement,this form shall a referred to as the"Transfer Request Fujm." The Transfer Request Form shall contain a place for transferring officers to indicate their preferences with respect to shifts and days off. 9. A transferring officer may complete a Transfer.Request Form at any time. If the officer is seeking or anticipating a transfer,:the,officer shall file the Transfer Request Form with a Division Lieutenant. If the officer.is seeking,a change in days off or shifts which do not involvea transfer between reporting units,the Transfer Request Form shall be filed with the officer's shift commander. The.Division will forward a copy of the Transfer Request Foran to the.location of the anticipated transfer. 10. In the event of a change in days off or shifts that do not involve a change in reporting units,the time frames referred to in Section 5 and 6 of this Agreement shall begin to run when the transferring officer submits the,Transfer Request Form. 11. When the Division knows that an officer's preferences as indicated on a Transfer Request Form will result in the displacement of the shift or days off of another officer(referred to herein as the Transferred Officer), the Division shall notify the Transferred Officer as soon as possible of the fact that he or she may be bumped. 12. The Division shall accommodate the shift and/or days off preferences of transferring officers on a faster time schedule thanthat contained in Sections 5 and 6 of this Agreement, if, in the Division's judgment, it is'operationally sound to do so,provided that no other affected officer is bumped from his or her days off or shift who objects to the accommodation. 13. An officer may exercise seniority to bump another officer for shift and days off only once in ninety(90)days. 14. Vacations. Employees shall be.allowed to select two vacation periods on the basis of seniority. Each vacation period must be of a-minimum duration of one day. Vacation time shall be scheduled by the Division with due consideration being given to request from officers which shall:be determined among officers of equal rank by seniority;provided, however, that each officer shall be permitted to exercise the right of seniority only once each year. The sign-up deadline for the exercise of seniority in the selection of vacations shall be March 15 for the calendar year running from April 15 through April 14 of the following year. 15. Holiday Assignment. Where the shift strength is reduced or increased on holidays, consistent with the needs of the Division, assignments shall be offered to the most senior.officer. Except for an emergency,the Division shall provide a minimum of ten(10)days' notice of any deviation from normal shift strength so that officers may plan the use of their time. A. Where shift strength is reduced, the most senior officer scheduled for duty on the shift shall be offered the option of working or not. Where shift strength is increased, the most senior officer on the shift shall be.offered the option of working or not. B. For purposes of this section,New:Year's Eve and Christmas Eve shall be treated as holidays, 16. Seniority for Vacation Purposes upon-Transfer. If an officer is involuntarily transferred, the Division shall honor the officer's pre-selected vacation times, and shall not disrupt the pre-selected vacation time for other officers in the division to which the officer is involuntarily transferred. If an March 1,2005 Page 6 of 7 officer accepts a voluntaryansfer,the Division shall attempt to accommodate, to the extent possible, the officer's pre-selected vacation times. 17, Shift Overtime. Where the overtime is not directly related to activities begun by an officer during the officer's regular shift, and where the planned overtime is anticipated to be four(4)hours or more in duration,the overtime shall be offered, in the order of seniority,to officers in the Division. Once each eligible:officer has hadthe opportunity to work shift overtime, officers may once.again use their.seniority to work shift overtime as described above, and the.seniority list-shall rotate in the same fashion thereafter. The Division shall maintain a list in each reporting unit upon which officers.must place their names.indicating a willingness to work shift overtime. If an officer is,incorrectly passed over for shift overtime,the officer shall be allowed to work a makeup overtime assignment within the next two pay periods following the discovery of the error. The officer and the Division shall mutually agree upon the makeup overtime assignment, which shall not displace another officer's already- selected overtime assignment.' An officer who has been incorrectly passed over shall not be otherwise entitled to compensation for the missed overtime., 18. An officer will normally be given adequate advance notice of any change in the officer's regular hours of work, except where an emergency(an emergency is defined as an unforeseen event affecting the Division's ability to perform its mission) exists. Notice given less than forty-eight(48) hours(or seventy-two [72] hours under the Four-Ten Plan)beforethe officer is to begin work under the changed schedule entitles the officer to compensation at the overtime rate for those hours not exceeding eight(8)hours that are earlier, later,or different from the hours the officer last worked in a work day. A police officer is not entitled to compensation under the overtime rate if the officer is otherwise entitled to compensation under the same hours of work,or if shift changes are the result of a Voluntary transfer or promotion. All other terms and conditions of any current Collective Bargaining Agreement between the Tigard Police Officer's Association and the City of Tigard shall remain in effect as to other issues not addressed by this MOA. IT IS AGREED BY: Rev' e Co 1 for Tigard City of gard APPROVED AS TO FORM: APPROVED AS TO FORM City 0&16rtland City ey CITYA'ITORNEY TriMet,Executive Director of Operations March 1,2005 Page 7 of 7 ORDINANCE NO. 179136 *Authorize an IntergovernmentalAgreement with the Tri-County Metropolitan.Transportation District of Oregon and the City of Tigard to allow a Tigard officer to participate in the TriMet Transit Police managed by the Portland Police Bureau (Ordinance) The City of Portland ordains: Section 1.The Council finds: 1. The Police Bureau has an agreement with Tri-County Metropolitan Transportation District of Oregon(TriMet)whereby the Police Bureau manages the TriMet Transit Police. Other jurisdictions provide additional personnel to.staff the Transit Police. 2. The other jurisdictions bill the City for the expenses of officers they provide for the transit police. The City in turn bills TriMet for reimbursement of those expenses. 3. The City of Tigard wishes to participate in the Transit Police by providing one officer to the transit police effective March 1, 2005. 4. The attached agreement allows Tigard to assign one officer to the Transit Police and bill the City for the salary, overtime, insurance,retirement and other benefits and overhead expenses for the officer assigned to the Transit Police. 5. The agreement terminates June 30,2005 unless terminated earlier upon 30 days notice from Tigard, TriMet or the City NOW,therefore,the Council directs: a. The Mayor and City Auditor are hereby authorized to execute the attached agreement between the City of Tigard,TriMet and the City of Portland to allow Tigard to participate in the TriMet Transit Police. Section 2.The Council declares that an emergency exists because delay in proceeding with this agreement will unnecessarily deprive the City of Tigard,TriMet and the City of Portland of the,mutual benefits of this agreement; therefore this ordinance shall be in force and effect from and after its passage by the Council. Passed by Council: MAR 2 .3 2005 Mayor Tom Potter Prepared by; Steven Hendricks Gary Blackmer. February 22,2005 Auditor of the City of Portland By 1 Deputy