Resolution No. 87-112 Y'
CITY OF TIGARD, OREGON
RESOLUTION NO. 87—
A RESOLUTION OF THE TIGARD CITY COUNCIL RATIFYING A POLICE SERVICES CONTRACT
BETWEEN THE CITY OF TIGARD AND CITY OF DURHAM.
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, BE 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 day of 198
v \
Mayew — City of Tigard
Council President
ATTEST:
CityRecorder — City of Tigard
DCL:cn/0049C/0004C
RESOLUTION NO. 87—
Page 1 —�
CITY OF DUP"AM fiES^Lt1TION NO. /76-87
A RESOLUTION TO AUTHORIZE OLIR.HAM CITY MAYOR AND CITY RECORDER TO
cXECUTE RENEWAL OF POLICE SERVICE^_- CCf14TRACT WITH CITY OF TISARD
FOR FISCAL YEAR. 1987-88 AND CHANC-I NU HOURLY RATE FROM $23_ES to
$29.46.
WHEREAS, the City of Durham has the need for police ser,.,ices
within its boundaries, and the contract with the City of Tigard
will expire on September .^-,O, 1967, and
WHEREAS, both cities are desirous of changing the date of the
agreement to coincide with botFi cities' fiscal year budgzt
..=ginning on July 1 thr-_ugh Jun_ 0-0, and
WHEREAS, the City Tigard has agreed to furnish the City of
Durham police serv_x cE s within the boundaries of the City of
Durham and both cities agree that Durham shall pay to Tigard
$23.68 per person/hour for policaprotective services performed
during the period of July 1, 1987 through September 30, 1987 and
$29.46 per person,/hour for police services performed during the
period of October 1, 1987 through June 30, 19BB,
ritOW, THEREFORE, BE IT RESOLVED BY THE DURHAM CITY COUNCIL that
the above outlined changes be adopted, and that the Durham Mayor
and City Recorder are hereby authorized to sign the Tigard/Durham
Police Services Contract on behalf of the City of Durham, and the
Durham City Recorder is further directed to file a copy of this
Resolution with the City of Tigard.
ADOPTED THIS 3��= DAY OF 1987 bw the Durham City
Council.
MA OR DONALD L. S EPHENS
ATTEST. ��nJ�,p e e''pSc7 r�i q-(ci-9"7
CIWY RECORDER JEANNP L. PER'CY
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AGREEMENT FOR POLICE SERVICES
isal
THIS AGREEMENT, is made and entered into this JAk- day of 14"
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
e authorized and provided for under ORS 191.010 et.
RE such contracts ar au
WHEREAS,
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
:ranth. Any police functions provided to Durham in excess of ten
person/hours per calendar month must be pre—approved by the
Durham City Administrator 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 racilities 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 State 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 Administrator, 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 Administrator 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 have any Durham salary, pensions or any status
or rights under any 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 coverages 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 deductible exclusions shall be equal to those
deductible exclusions applicable to the provision of police
service within the corporate limits of Tigard. Certificates of
Insurance of such coverage shall be provided to the City of
Durham by the City of Tigard.
I. Tigard hereby covenants and 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 $23.68 per person/hour for police
protective services performed during the period of July 1, 1987
through September 30, 1987 and $29.46 per person/hour for police
services performed during the period of October 1, 1987 through
June 30, 1988. payment for these 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.
AGREEMENT FOR POLICE SERVICES — PAGE 2
B. 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 and 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 July, 1987, and terminating at 11.59 P.M. on the last day
of June, 1988. 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.
B. 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 su-brogation 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 sixty (60) days written
notice.
IN WITNESS 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 ouncil of Durham.
CITY OF RD CITY OF gURHAM
By By ��K )
Council President yor
l
By � By
Cit�YR eCity Recorder
APPR AS TO FORM: APPR�EDAIS TO FORM:
Byyf= A --
City attorney -Durham CAttorney-��cy- Tykard
cn/0049C/00040
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AGREEMENT FOR POLICE SERVICES - PAGE 3
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