Resolution No. 88-58 - C1'.IY Of TIG,ARD, ORIGON
pLSOL-U110N NO
Of IH[_ I"SGRRD C11Y COUIUCI:L. RATLF"Y1:NG A POLICE SE:.RVIf:E::6 CONTRAc1
A RE::SOL.UEI.ON
tj lJ,W-EN THE C.LTY OF I EGA AND C-LfY 01 DURHAM.
WHERE AS, the l iyar'd Polico Dc partnu nt has received a r•eg.uc`st from the City Of
®! Durham to Ur'Ov1dc 13 hours or police sv"icea per u,� � ,-••
® WIiFRI--AS. the Tigard Police DeparLmo,it and the City l:ouncii b lve that
providing this service is a key in improving the quality and quantity of
interagency cooperation in the county and the roa,iun.
NOW, THERE:F-ORE" BE. 1"i RE"-O'_.vE:D by the -Tigard City Council. that:
Sec_tion_l: The Tigard Police Department provide Police services to the
City of Durham as detailed in the Durham Police Services
Contract which is attachod and r•efer'enced is ExFiibit "A".
Section 2: The Mayur anal City Rc�..cord�r• ar•c hereby author'ired to sigr, the
Durham Police Services Contract on behalf oi- trre city of psi--
and the Recorder' is fur'..her directed to fila a copy of said
contract- with the City of Our'ham.
Yn rl <.,f- 1988.
Mayor City of T"igar'd
nITEST:
/- t6'E_rr_ a �Uh -----
City Recorder - Ci Ly of�-----
¢ et-
AP> C TO FORM:
t.0/1, Recor
d
er -'
cs/0049C
RE-,OLUFION NO. ae-
Page 1
AGREEMrn! FOR POLICE
SERVICE.3
TRIS AGREEMENT is made and entered into this )�i''day of
' by and between thc� City of Tigard, a munici --^- �_ 1988,
—_ -
..__,
Oregon ( Tig«r'd"), and the pal corporation Of the State of
State of- Oregon ("Durham").
City of Durham, a municipal co:^poration of the
WHEREAti, Durham is desirous of contracting with Tigard for Tigard to provide
certain law enforcement functions within the corporate limits Of Durham; and
WL�C'OCnc r___,_� _ ,
...,_.RE:nE.' Tigard i� a r-eeani
conditions hereinaf-terdset forth; and the
ring such functions un the terms and
WH REAS, _ucl: contracts are authorized and pri
vidfunder. 191.010seq. et.
NOW THEREFORE:, IN CONSIDE:RAT1OPi 0; 1HE: MUTUAL PROMISE:-S
CONTAINED IT IS MUTUALLY AGREED AS FOLLOWS. AND COVENANTS Hf:kE:IN
1. 11GARD AGREES, through the Tigard police Department,
Police protection within the corporate to provide
limits of Durham as follows;
A.
of alive provide thirteen person/hours
Police protection per calendar--month to the extent and in the
manner- hereinafter, setfur-th. A "person/hour" is defined as one
. person performing hour
Of work. A "calendarmonth"
defined as a period beginning at MIGANIGMI h" is
munch and terminating at MIDNIGHT" on then last first dao that a
month. An day of that
Any Police fur!ctions provided to Durham .in excess of
thirteen 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 encOm
enforcement. functions of the. pass duties and 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
thoseOrdinances of the City of Durham. Such services shall include
those involved in the field of public safety, criminal law
enforcement, traffic enforcement or relatQd fields, within the
legal Bowe.. of the police officer tO so provide.
C. Tigard shall retain control over the rendition of the services
described in this agreement,
discipline the standards Of per•fornrance, the
Of Officers, and other ;natters incident to the
performance of such services and control of personnel so
employed.
1
D. For the purpose of performing said functions, Tigard shall
furnish and supply all necessary labor, supervision, equipment,
communication facilities
level of services and supplies necessary to maintain the
to be rendered under- this agreement,
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 A&K nistgator, or his
designee, to identify those times and days durin,3 a calendar
month when the provision of police: protection will bolt meet the
needs of Durham. A schedule of duty hours shall be mutually
Durham City Administrator or his dNs yr ee.
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.
N. Tigard agrees that at all times during the term of this
agr•eeme.nt between Tigard and Durham, Tigard shall secure,
maintain and keep r,—nt .. onli „r• r—li-iai ;, .,,_ t_h
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 :.?f
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 agcy 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 29.20 per person/hour for police
protective services performed during the period of July 1, 1986
through June 30, 1989. 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.
sued
B. Durhan' ayreE:s that any r'evenr.ie generated from aatal.i.uns outb-I
by TirTar'd Police Officers lwte.r', [.>tart'anJath
rndr<I.igard,rru'310 esst'of
shE11 be divide._<i egr.Iail.y b<
the court into which tha defendant is a[ited.
C. Durham t'ereby cover:ant> and agrees to hold and save 1;l c and
all its officers, employoes and agents harmless from all claims
art 'P. against 1j.3ard, it.' officers,
avc ur gents by reason of any act of Durham, its
what soevcr' that me'y
e:np10Y ants in the Per for'oiancv o' any dot ies
officers, employees or .this a reemer't.
r"quired by the Leans of 3
3. 1IGARD AND DURHAM 1nuTU,-�LA. ACRI-1- As fou-Ww-
off
A, -Tigard and Durham agrae that th' agr�aj.0N1 shall be first
for a Period of 1 year, commeancin;T ai. Ni1DN1GFIT on ' l first day
of July, 1n 68, and terminating at r1LDNLGtf1 un the last d Y of
and cr D,.�rham de,tre.s
ftur the expiration thereof, that City so
June, 1969.
In the event that. e.ather Tag-
_.-.- contract a .
to renew this
Cit at least. sixty (60) ays
desiring shall notify the o:.her Y
pr'aor to cerininatiur' Of the agreement. Compensation Pruvi.sions
shall be reviewed at Pact' renewal Period.
_v that nothing cont-%ined in this ayraemenC
and uur,T,a� " . f -;tear Party aTatnst
g, Tigard ii- anv, --
:� ;,-,tr,nded to limit the rcme:.<7y, n a �^eemcnta
_. '- ns under subrogatio g r
the ether party. inc tudi o �_,.,. r -over damages iu Pr r
s insurance <• „ir
with a ry ty neglagcan e.
or injury to rer'sons caused by a party`s
C. Tigard and Durham t r-eo that either party to this dLAy,went mtay
t,igEardaan said aJrcement by 3ivi"I'3 sixty (60) days written
notice.
s been executed .in duPliceate, pursuant to
tad by the City Council of Tigard
IN WITNESS Wt heretofore duly athis agreement haadop-'nd legally
resolutions,
and the City Council of purham•
CITY OF DURHAM
CITY OF TIGARD
r"
By _ 1�^�cL+=-- _— Mayor
Mavur
'tp By Y
�.Le.rUJ�-C- - City Recorder
By City Recorder
APPROVE- "f0 FORM;
APPROVED AS TO FORM.
9y - - ------- 4 City Attorney
Cityr,......,.. l
cn/0049C/0004C