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Washington County Domestic Violence Resource Center Memorandum of Understanding (MOU) Between the CITE' OF TIGARD and the Washington County Domestic Violence Resource Center, Inc. This agreement is made and entered into by and between the City of Tigard (City), a municipal corporation of the State of Oregon, and the Domestic Violence Resource Center,Inc. of Washington County(DVRC), a non-profit entity in Washington County, State of Oregon; WHEREAS the City and DVRC desire a cooperative effort in creating an increased atmosphere of collaboration between the City and DVRC; and WHEREAS,the City and DVRC have a fundamental interest in the health and wellbeing of families of Tigard; and WHEREAS,the City and DVRC recognize that domestic violence erodes the health and wellbeing of families,particularly in the case of children;and WHEREAS, City and DVRC have specialized programs to address domestic violence; and WHEREAS,the City and DVRC agree that working together,sharing the resources each organization brings forward,benefits the entire community; and WHEREAS,the City and DVRC desire to memorialize and continue their cooperative efforts. NOW,THEREFORE,in consideration of the mutual promises set forth below and other good and valuable consideration,the receipt and sufficiency of which is acknowledged,the Parties agree as follows: 1. DVRC will house a DVRC Community Advocate at the Tigard Police Department beginning on or about July 1,2016 and ending on June 30,2017. The parties may mutually agree to extend the term of this agreement. 2. DVRC shall perform, or cause to be performed,those services and activities necessary to carry out the work of a Community Advocate,including but not limited to the following: Client assistance in obtaining a protective order,safety planning,crisis intervention,education regarding domestic violence for the police department and other community partners,community outreach, information and referral and short-term case management. 3. DVRC will be responsible for all wage,wage related, and personnel issues related responsibilities for maintaining a Community Advocate at the City,including,but not limited to, supervision of the Community Advocate,discipline, and ensuring compliance with leave and benefit regulations,. 4. DVRC shall obtain, and maintain at all times during the term of this agreement, auto liability insurance and professional liability insurance covering any and all personal injuries or property damage caused by error,omission, or any negligent act. 5. DVRC Community Advocates shall be employees of DVRC only. DVRC acknowledges that its employees are not entitled to benefits of any kind to which a City employee is entitled and that it shall be solely responsible for workers compensation coverage for its employees and all other payments and taxes required by law. DVRC agrees to indemnify and hold harmless the Page 1 Citi•of Tigard/Dornestic Violence Resource Center M 0 U City,its officers,employees, agents and elected officials from all claims, suits or actions of whatever nature resulting from or arising out of the activities of DVRC under or pursuant to this agreement,including,but not limited to, actions, suits,claims and damages for loss or damage, including property damage,personal injury,wrongful death and attorney's fees arising out of or in connection with DVRC's performance of, or failure to perform its duties under this agreement. 6. The City will be responsible for providing the DVRC Community Advocate with a location adequate to perform the outlined work, including desk space,desk,chair, telephone, access to a copy machine, access to internet,private space to interview client(s), and parking. The DVRC will provide any and all normal office supplies to support the function of the DVRC Community Advocate. 7. The City will provide access to the Police Department staff to foster and support the work of the DVRC Community Advocate. 8. The Cit, v;ill forward domestic violence police reports to the DVRC Community Advocate located at the City. 9. DVRC understands security within the Police Department is important and, as a condition precedent to placement,the Community Advocate will be subject to the City's Criminal justice Information Service background check protocols before gaining access to any police facility. Upon the City's approval of the results of the Advocate's background check,the DVRC Community Advocate will be granted access to the Police Department facility Monday through Friday,7:00 am to 6:00 pm. 10. Each party agrees Subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims Act, ORS: 30.260 to 30.300, and the Oregon Constitution,each party agrees to hold harmless,defend,and indemnify each other,including its officers, agents, and employees, against all claims,demands, actions and suits (including all attorney fees and cost) arising from the indemnitor's performance of this Memorandum of Understanding where the loss or claim is attributable to the negligent acts or omissions of that party. 11. The City and the DVRC mutually agree that neither party will insure the actions of the other,but rather each party will assume its own responsibility in connection with any claims made by a third party against the City or the DVRC and that both the City and the DVRC will maintain liability insurance coverage. 12. The City and the DVRC mutually agree that nothing contained in this agreement is intended to limit the remedy,if any,of either party against the other party,including claims under subrogation agreements with the party's insurance carrier, to recover damages to property or injury to persons caused by the other party's negligence. 13. This agreement shall be effective at signing by the authorized Directors below, and may be terminated with 30 days'notice,in writing,by either party without cause.The parties shall annually review this agreement and propose any changes or amendments in writing by the end of each calendar year. 14. The City and DVRC agree both parties shall first attempt to resolve all disputes at the appropriate administrative level. 15. The City and DVRC are the only parties to this agreement and are the only parties entitled Page 2 Citi-of Tigard/Domestic Violence Resource Center M 0 U to enforce its terms.Nothing in this agreement gives,is intended to give,or shall be construed to give or provide, any benefit or right,whether directly or indirectly or otherwise,to any third party. In witness whereof, the parties have caused this agreement to be executed by the duly authorized officers on the dates hereinafter written. City of Tigard,Police Department Domestic Violence Resource Center,Inc B - By: U �� Alan F. Orr,Chief of Police Sana`Dade,Director Dated: 7 ' 5 Dated: ACy i ATTESTa,`� By c I Page 3 Citi:of Tigard/Domestic Violence Resource Center M 0 U