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Resolution No. 86-108 CITY OF TIGARD, OREGON RESOLUTION No. 84--108 A RESOLUTION OF THE TIGAIRD CITY COUNCIL. RATIFYING A POLICE SERVICES CONTRACT BETWEEN THE CITY OF TIGARD AND CITY OF DURHPM. WHEREAS, the Tigard Police Department has received a request from the City of Durham to provide 10 hours of police services per month; and WHEREAS, the Tigard Police Department- and the City Council believe that providing this service is a key in improving the quality and quantity of interagency cooperation in the county and the region. NOW, -THEREFORE, 8E IT RESOLVED by the Tigard City Council that: Section 1: The Tigard Police Department provide police services to the City of Durham as detailed in the Durham Police Services Contract which is attached and referenced as Exhibit "A". Section 2: The Mayor, and City Recorder are hereby authorized to sign the Durham Police Services Contract on behalf of the City of Tigard and the Recorder, is further directed to file a copy of said contract with the City of Durham. PASSED: This 15th day of September y� — City of Tigard i/ A-FTEST: r City Recorder — City of Tigard LW:bs4512A RESOLUTION NO. 89--108 Page 1 Pt.. t a aaaa® a AGREEMENT FOR POLICE SERVICES THIS AGREEMENT, is made and entered into this ___ day of , 19$6, by and between the City of Tigard, a municipal corporation of the State of Oregon ("Tigard"), and the City of Durham, a municipal corporation of the State of Oregon ("Durham"). WHEREAS, Durham is desirous of contracting with Tigard for• Tigard to provide certain law enforcement functions within the corporate limits of Durham; and WHEREAS, Tigard is agreeable to rendering such functions on the terms and conditions hereinafter set forth; and WHEREAS, such contracts are authorized and provided for, under ORS 191.010 et. seq. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL.. PROMISES AND COVENANTS HEREIN CONTAINED IT IS MUTUALLY AGREED AS FOLLOWS: 1. TIGARD AGREES, through the Tigard Police Department, to provide police protection within the corporate limits of Durham as follows: A. The Tigard Police Department shall provide ten person/hours of police protection per calendar—month to the extent and in the manner hereinafter setforth. A "person/hour" is defined as one person performing one hour of work. A "calendar month" is defined as a period beginning at 12:01 A.M. on the first day of a month and terminating at 11:59 P.M. on the last day of that month. Any police functions provided to Durham in excess of ten person/hours per calendar month must be pre—approved by the Durham City Manager and by the Tigard Police Chief. B. The police services provided shall encompass duties and enforcement: functions of the type coming within the jurisdiction of, and customarily rendered by, a police officer of the City of Tigard under the statutes of State of Oregon and Charter and Ordinances of the City of Durham. Such services shall include those involved in the field of public safety, criminal law enforcement, traffic enforcement or related fields, within the legal power of the police officer to so provide. C. Tigard shall retain control over the rendition of the services described in this agreement, the standards of performance, the discipline of officers, and other matters incident to the performance of such services and control of personnel. so employed. D. For the purpose of performing said functions, Tigard shall furnish and supply all necessary labor, supervision, equipment, communication ffAcilities and supplies necessary to maintain the level of services to be rendered under this agreement. AGREEMENT FOR POLICE SERVICES — PAGE 1 E. Tigard shall make available for the performance of the duties described in this agreement, a properly supervised officer or officers, duly certified by the Oregon Stale Board on Police Standards and Training. F. The Tigard Police chief shall be responsible for assigning officers for duty in Durham. The Tigard Police Chief, or his designee, shall work with the Durham City Manager, or his designee, to identify "those times and days during a calendar- month when the provision of police protection will best meet the needs of Durham. A schedule of duty hours shall be mutually agreed upon by the Tigard Police Chief or his designee and the Durham City Manager or his designee. G. All persons employed in the performance of the services and functions described in this agreement for the benefit of Durham shall remain Tigard employees. No person employed under this agreement shall h:ve any Durham salary, pensions or- any status or rights under „ny provisions of Durham employment, except as provided under Section 2 of this agreement. H. Tigard agrees that at all times during the term of this agreement between Tigard and Durham, Tigard shall secure, maintain and keep current a policy or policies of insurance with public liability, collision and comprehensive cove rages on all vehicles owned by Tigard and used in connection with the provision of police services within the corporate limits of Durham. Tigard shall also secure, maintain and keep current a policy or policies of insurance covering professional liability for offices engaged in police services for the City of Durham. Insurance limits shall be equal to limits applicable to coverage for Tigard police services within the corporate limits of Tigard. Insurance deduct9.ble exclusions shall be equal to those deductible exclusions applicable to the provision of police service within the corporate limits of Tigard. Certificates of such coverage shall be available for inspection by the Durham City Manager or his designee upon reasonable advance notice at any time after execution of this agreement, I. Tigard hereby covenants ar)d agrees to hold and save Durham and all its officers, employees and agents harmless from all claims whatsoever that might arise against Durham, its officers, employees or agents, by reason of any act of Tigard, its officers, employees, or agents in the performance of the duties required by the terms of this agreement. 2. DURHAM AGREES AS FOLLOWS; A. Durham shall pay to Tigard $2.3.68 per person/hour for police protective services performed. Payment for these services shall be made on a monthly basis, the first payment of which to be made upon execution of this agreement and each additional payment to be made on the first day of each calendar month thereafter. i AGREEMENT FOR POLICE SERVICES — PAGE 2 A ova 8. Durham agrees that any revenue generated from citations issued by Tigard Police Officers within the corporate limits of Durham shall be divided equally between Durham and Tigard regardless of the court into which the defendant is cited. C. Durham hereby covenants and agrees to hold and save Tigard and all its Officers, employees aid agents harmless from all claims whatsoever that may arise against Tigard, its officers, employees or agents by reason of any act of Durham, its officers, employees or agents in the performance of any duties required by the terms of this agreement. 3. TIGARD AND DURHAM MUTUALLY AGREE AS FOLLOWS: A. Tigard and Durham agree that this agreement shall be effective for a period of 1 year, commencing at 12:01 A.M. on the first day of 1986, and terminating at 11:59 P.M. on the last day of _ , 1987, In the event that either 'Tigard or Durham desires to renew this contract after the expiration thereof, the City so desiring shall notify the other City at least sixty (60) days prior to termination of the agreement. compensation provisions shall be reviewed at each renewal period. 8. Tigard and Durham agree that nothing contained in this agreement is intended to limit the remedy, if any, of either party against the other party, including claims under subrugation agreements with a party's insurance carrier, to recover damages to property or injury to persons caused by a party's negligence. C. Tigard and Durham agree that either party to this agreement may terminate said -agreement by giving thirty (30) days written notice. IN WlrrJESS WHEREOF, this agreement has been executed in duplicate, pursuant to resolutions, heretofore duly and legally adopted by the City Council of Tigard and the City Council of Durham. CITY OF TIGARD CITY OF DURHAM By jl` By v,,Mayor � Mayor By L,City Recorder City Recorder APPRO ED AS TO FORM �� J APPROVED AS TO FORM: 3y By y Attorne• City Attorney 4512A AGREEMErdT FOR POLICE SERVICES — PAGE 3