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Metro - No. 932001 Police Services Metro 600 NE Grand Ave. Portland, OR 97232-2736 Amendment 503-797-1700 AMENDMENT NO.01 CONTRACT NO.932001 This Amendment hereby amends the above titled contract between Metro, a metropolitan service district organized under the law of the State of Oregon and the Metro Charter, and The City of Tigard, hereinafter referred to as"Contractor." This amendment is a change order to the original Scope of Work as follows: The contract needs to be increased by$7,288.18 due to the reasons below. • COLA. Tigard officers received a 2.1% COLA increase starting in July 2013. This represents the CPI-W West (http://www.bls.gov/ro9/9215.pdf page 2, under Annual Average column for 2013). All Tigard officers received this salary increase. • Incentive Pay. Increases to base salaries impacted the officers' incentive pays. Both officers receive 10% incentives for their Metro Assignment as detectives. Additionally, Officer Hicks receives a 10% incentive for education and Officer Heaukulani receives an 8.75% incentive. Their increase in salary resulted in a larger incentive pay payout throughout the year. Finally, Officer Hicks qualified for the Oregon Physical Agility Test (ORPAT)one-time payment of$250 in her January 2, 2014 paycheck. • Overtime. Although not a large amount, less than $500, Officer Hicks did work 8.5 hours of paid overtime during the year. • Wager Driven Benefits. Based on the increases listed above, actual wage-driven benefits were higher for each officer than originally anticipated. • Health insurance. There was a slight increase in health insurance premiums that took effect in January 2014. Metro shall pay Contractor for services performed and materials delivered under this amendment in the amount not to exceed SEVEN THOUSAND TWO HUNDRED EIGHTY-EIGHT AND 18/100THS DOLLARS ($7288.18), for a total contract amount not to exceed TWO HUNDRED FIFTY-SEVEN THOUSAND THREE HUNDRED NINETY FIVE AND 18/100THS DOLLARS ($257,395.18). Except for the above, all other conditions and covenants remain in full force and effect. IN WITNESS TO THE ABOVE, the following duly authorized representatives of the parties referenced have executed this Amendment. CONTRACTOR METR By n Print Name MA"'4110- L • (.Uirlc. Print Name aK �e inPJ,� Date 7/!5,-20(4 Date/1% Page 1 of I Revised May 2012 Form 2601 Metro 600 NE Grand Ave. Portland, OR 97232-2736 Amendment 503-797-1700 AMENDMENT NO.01 CONTRACT NO.932001 This Amendment hereby amends the above titled contract between Metro, a metropolitan service district organized under the law of the State of Oregon and the Metro Charter, and The City of Tigard, hereinafter referred to as"Contractor." This amendment is a change order to the original Scope of Work as follows: The contract needs to be increased by$7,288.18 due to the reasons below. • COLA. Tigard officers received a 2.1% COLA increase starting in July 2013. This represents the CPI-W West (http://www.bls.gov/ro9/9215.pdf page 2, under Annual Average column for 2013). All Tigard officers received this salary increase. • Incentive Pay. Increases to base salaries impacted the officers' incentive pays. Both officers receive 10% incentives for their Metro Assignment as detectives. Additionally, Officer Hicks receives a 10% incentive for education and Officer Heaukulani receives an 8.75% incentive. Their increase in salary resulted in a larger incentive pay payout throughout the year. Finally, Officer Hicks qualified for the Oregon Physical Agility Test (ORPAT)one-time payment of$250 in her January 2, 2014 paycheck. • Overtime. Although not a large amount, less than $500, Officer Hicks did work 8.5 hours of paid overtime during the year. • Wager Driven Benefits. Based on the increases listed above, actual wage-driven benefits were higher for each officer than originally anticipated. • Health insurance. There was a slight increase in health insurance premiums that took effect in January 2014. Metro shall pay Contractor for services performed and materials delivered under this amendment in the amount not to exceed SEVEN THOUSAND TWO HUNDRED EIGHTY-EIGHT AND 18/100THS DOLLARS ($7288.18), for a total contract amount not to exceed TWO HUNDRED FIFTY-SEVEN THOUSAND THREE HUNDRED NINETY FIVE AND 18/100THS DOLLARS ($257,395.18). Except for the above, all other conditions and covenants remain in full force and effect. IN WITNESS TO THE ABOVE, the following duly authorized representatives of the parties referenced have executed this Amendment. CONTRACTOR METR By n Print Name MA"'4110- L • (.Uirlc. Print Name aK �e inPJ,� Date 7/!5,-20(4 Date/1% Page 1 of I Revised May 2012 Form 2601 600 NE Grand Ave. www.oregonmetro.gov Portland, OR 97232-2736 Metro I Making a great place June 5, 2013 Tom Imdieke Tigard Police Dept. 13125 SW Hall Blvd. Tigard, OR 97223 RE: Tigard/Metro IGA for fiscal year 2013-14 -(0— Dear . i to . Enclosed is a fully executed copy of the Metro/Tigard IGA for fiscal year 2013-14. Please phone me at (503) 797-1678 if you have any questions. Sincerely, A L 14 d�- Steve Kraten Solid Waste Enforcement Coordinator SK:bjl Enclosure: Intergovernmental Agreement cc: Roy W.Brower,Solid Waste Compliance and Cleanup Manager S:\REM uatmT.ruamUi,a PDVmdiekelGAunemtllu-040513 doe Queue METRO 600 NE Grand Ave. Portland,OR 97232-2736 INTERGOVERNMENTAL AGREEMENT (503)797-1700 TIGARD Contract No. METRO Contract No. 932001 This Intergovernmental Agreement ("Agreement') is made under the authority found in ORS 190.010, et seq., and ORS 206.345 between the City of Tigard ("TIGARD") and METRO. RECITALS WHEREAS, TIGARD is a political subdivision of the State of Oregon and is a unit of local government authorized to enter into intergovernmental agreements pursuant to ORS 190.010, et seq.; and WHEREAS, METRO is an Oregon municipal corporation formed and operating under state law and the Metro Charter, and is a unit of local government authorized to enter into intergovernmental agreements pursuant to ORS 190.010, et seq.; and WHEREAS, METRO desires to contract with TIGARD for the performance of certain law enforcement functions to be performed by TIGARD; and WHEREAS, TIGARD is able and prepared to provide the services required by METRO under the terms and conditions set forth in this Agreement; now, therefore, IN CONSIDERATION of those mutual promises and the terms and conditions set forth hereafter, and pursuant to the provisions of ORS chapter 190, the parties agree to be bound as follows: 1. TERM: The term of this Agreement shall be from July 1, 2013, through June 30, 2014. 2. TERMINATION: This Agreement may be terminated as follows: a. Any party to this Agreement may terminate this Agreement for its convenience and without penalty upon thirty (30) days written notice of its intention to terminate. b. If METRO is unable to appropriate sufficient funds to pay TIGARD for its services under this Agreement, METRO must notify TIGARD and the Agreement shall 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 and indemnify any other jurisdictions. Tigard/Metro IGA Page 1 of 8 FY 2013-2014 VMETRO 600 NE Grand Ave. Portland,OR 97232-2736 INTERGOVERNMENTAL AGREEMENT (503)797-1700 3. INDEMNIFICATION: 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 METRO 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, METRO shall indemnify, defend, and hold harmless TIGARD from and against all liability, loss, and costs arising out of or resulting from the acts of METRO, its officers, employees, and agents in the performance of this Agreement. 4. ADHERENCE TO LAW: Each party must comply with all federal, state, and local laws and ordinances applicable to this Agreement. 5. 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. 6. ENTIRE AGREEMENT: This Agreement and Exhibit A constitute the entire agreement between the parties. This Agreement may be modified or amended only by the written agreement of the parties. 7. 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. 8. 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. 9. 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 Metro Marty Wine Tim Collier City Manager Finance and Regulatory Services Director 13125 SW Hall Blvd 600 NE Grand Avenue Tigard, OR 97223 Portland, OR 97232 Tigard/Metro IGA Page 2 of 8 FY 2013-2014 METRO 600 NE Grand Ave. Portland,OR 97232-2736 INTERGOVERNMENTAL AGREEMENT (503)797-1700 INVESTIGATION 10. TIGARD shall provide two TIGARD police officers ("Officers") for general investigative law enforcement service to METRO at METRO's direction. This service shall include: (a) Enforcement of the METRO code and regulations, including without limitation provisions related to flow control investigation, illegal dumping investigation and solid waste management; (b) Random and directed surveillance of persons collecting, transporting, storing, treating, and disposing of solid and liquid waste to ensure such persons are complying with the METRO code and regulations; (c) Assistance with investigation, case preparation, and prosecution in cases involving offenses (including without limitation fraud, racketeering, and material breach of contract) allegedly committed by vendors, contractors, or subcontractors doing business with METRO or by facilities, firms or individuals subject to METRO ordinances and regulations; (d) Investigations of suspected violations of environmental laws, rules, and ordinances; and (e) Other general investigative work as requested by METRO. 11. During the existence of this Agreement, the Officers shall exercise such authority as may be vested by law or by terms of this Agreement, including full power and authority to cite, arrest, and take other enforcement action for violations of all METRO code provisions and regulations, including without limitation those relating to flow control, illegal dumping, and solid waste management. PERSONNEL MATTERS 12. TIGARD shall provide for the performance of the duties hereunder two FTE officer positions. For the purpose of this Agreement, one FTE position means an employee who is regularly scheduled to work at least 40 hours per week performing the services required under this Agreement. 13. TIGARD shall be responsible for assuring that Officers assigned to METRO are certified by the State's Department of Public Safety Standards and Training and that the Officers maintain such certification. 14. For an Officer who has been assigned to METRO for one year or longer, METRO shall pay one-half of personnel costs for absences due to general law enforcement training. METRO shall not pay personnel costs for absences due to specialized law enforcement training that does not relate directly to the services provided under the terms of this Agreement. Tigard/Metro IGA Page 3 of 8 FY 2013-2014 METRO 600 NE Grand Ave. Portland,OR 97232-2736 INTERGOVERNMENTAL AGREEMENT (503)797-1700 15. The Officers shall be and remain employees of TIGARD. TIGARD shall ensure that the Officers perform their duties in accordance with the administrative and operational procedures of TIGARD. 16. METRO has the right, upon request and for cause stated, to have an Officer promptly removed from assignment under this Agreement and replaced within three weeks by another Officer meeting the requirements of this Agreement. 17. METRO will not pay wages, salaries, or other compensation directly to the Officers performing services under this Agreement or for any other liability not provided for in this Agreement. 18. TIGARD shall maintain Workers' Compensation insurance coverage for the Officers, either as a carrier insured employer or a self-insured employer as provided in ORS Chapter 656. 19. The collective bargaining agreement between the Officers and TIGARD ("collective bargaining agreement") governs all matters related to benefits, hours, vacations, sick leave, grievance procedures and other conditions of employment of the Officers. 20. The collective bargaining agreement and the TIGARD personnel rules govern all labor disputes arising out of this Agreement. 21. Officers shall work 40-hours per week and may be assigned by Metro to either five eight-hour shifts or four ten-hour shifts, based on Metro's needs. 22. The Officers may be absent from duty for various reasons, including but not limited to vacation, holidays, illness, training, leave of absence, and administrative leave in accordance with the foregoing acknowledgment: (a) TIGARD will not be responsible or otherwise obligated to replace an Officer who is absent due to paid accrued leave, including without limitation vacation, holiday, sick, and training leave. TIGARD will make a good faith effort to schedule planned absences to minimize the impact on its ability to perform under this Agreement and to provide a replacement in the event that an absence is anticipated to last longer than three weeks. (b) TIGARD may invoice METRO, and METRO shall pay, the personnel costs of an Officer absent on vacation or sick leave, up to a total combined annual maximum of 120 hours, only if the Officer has been assigned to METRO for six months or longer. Officers assigned to METRO shall not work during the following nine holidays when METRO's offices are closed: (1) New Years Day; Tigard/Metro IGA Page 4 of 8 FY 2013-2014 ® METRO 600 NE Grand Ave. Portland,OR 97232-2736 INTERGOVERNMENTAL AGREEMENT (503)797-1700 (2) Martin Luther King Day; (3) Presidents' Day; (4) Memorial Day; (5) Independence Day; (6) Labor Day; (7) Veterans Day; (8) Thanksgiving Day; and (9) Christmas Day. OFFICE SPACE 23. METRO shall provide the Officers with office space and shall pay the costs for utilities including without limitation telephone costs, at METRO's premises or at a site mutually agreed upon by TIGARD and METRO. EQUIPMENT PURCHASE, USE AND DISPOSITION 24. The parties will purchase materials and supplies necessary for this Agreement as provided in this section. "Materials" includes items with a unit cost of$1,000 or more, and "supplies" includes items with a unit.cost of less than $1,000. 25. METRO shall purchase all materials and supplies necessary for the performance of this Agreement. 26. METRO shall own all vehicles and equipment it purchases for this Agreement, including without limitation capital equipment. TIGARD shall use METRO's vehicles and equipment only to perform its duties under this Agreement and shall not use them for any other purpose without authorization from METRO. METRO shall pay fuel and maintenance costs for its vehicles. Except as provided in paragraph 28, upon termination of this Agreement, TIGARD shall return all materials and supplies to METRO. 27. Metro vehicles assigned to TIGARD officers for fulfillment of this agreement shall only be used for Metro-related investigations unless urgent or emergency circumstances necessitate the use of such vehicles for non-Metro related law enforcement activities, or unless another use is requested by TIGARD and approved by METRO. 28. Consistent with Metro Code Chapter 2.04.064, upon termination of this Agreement METRO may grant to TIGARD an option to purchase from METRO any or all remaining materials and supplies purchased for this Agreement at a price mutually agreed upon by the parties, not to exceed the fair market value of the items at the times of purchase. TIGARD agrees to give METRO notice of TIGARD's intent to exercise this option within 60 days following termination of this Agreement. Tigard/Metro IGA Page 5 of 8 FY 2013-2014 C M ETRO 600 NE Grand Ave. Portland,OR 97232-2736 INTERGOVERNMENTAL AGREEMENT (503)797-1700 CONTRACT COSTS 29. METRO shall pay TIGARD for all costs as set forth in this Agreement. By April 1 of each year, TIGARD shall provide METRO with a good faith projection of the cost of this Agreement for the following fiscal year (July 1 to June 30). The parties shall agree on the amount paid by METRO for the term of the Agreement before each anniversary date of the execution of this Agreement. 30. For the Agreement beginning July 1, 2013, METRO will pay TIGARD no more than TWO-HUNDRED FIFTY THOUSAND ONE HUNDRED SEVEN AND NO/100 DOLLARS ($250,107), unless additional services are requested or directed by METRO. This amount includes all fees, costs, and expenses to which TIGARD is entitled for the term of this Agreement. 31. Exhibit A is the Budget for the Agreement prepared by METRO. TIGARD shall submit itemized billings to METRO no more than 15 days after the end of each quarter of the contract year, and METRO shall make payment to TIGARD within 30 days of receipt of approved billings. DISPUTE RESOLUTION 32. If a claim, controversy, or dispute arises out of this Agreement, the complaining party shall attempt to resolve amicably by phone or in person. If unable to resolve, the party shall give written notification to the other party of the nature of the claim and the remedy requested within 10 days of the incident that forms the basis of the dispute or when oral discussions are not productive. 33. Oregon law shall govern this Agreement. The parties shall resolve all claims, controversies, or disputes that arise out of this Agreement by arbitration in accordance with the arbitration rules of the Arbitration Service of Portland or the American Arbitration Association. The party who first initiates arbitration shall designate an arbitration service by filing a claim in accordance with the rules of the organization selected. Such arbitration shall take place in Portland, Oregon, and any judgment upon the award rendered pursuant to such arbitration may be entered in any court having jurisdiction thereof. CONTRACT ADMINISTRATION 34. The designated representative of the City of Tigard will represent TIGARD in all matters pertaining to administration of this Agreement. 35. METRO designates its Finance and Regulatory Services Director or her designee to represent METRO in all matters pertaining to administration of this Agreement. Tigard/Metro IGA Page 6 of 8 FY 2013-2014 C M ETRO 600 NE Grand Ave. Portland,OR 97232-2736 INTERGOVERNMENTAL AGREEMENT (503)797-1700 CONTRACT MODIFICATION AND THIRD PARTY RIGHTS 36. This Agreement may be amended by agreement of the parties. Any amendment to this Agreement shall be effective only when incorporated herein by written amendments and signed by both METRO and TIGARD. 37. This Agreement shall not be deemed to vest in any third party any rights, nor shall it be deemed to be enforceable by any third party in any legal, equitable, or administrative proceeding whatsoever. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly appointed officers on the date written below. TIGARD METRO P By: By' Marty Wine Martha Be"efr City Manager Chief Operating Officer Date: -–/ 5 Date: APPROVED AS TO FORM: APPROVED AS TO FORM: Metro Attorney By: B Michelle Bellia Senior Metro Attorney Date: Date: Tigard/Metro IGA Page 7 of S FY 2013-2014 ® METRO 600 NE Grand Ave. Portland,OR 97232-2736 INTERGOVERNMENTAL AGREEMENT (503)797-1700 Exhibit A Metro Regional Solid Waste Management FY 2013-14 Personal Services Detectives (2): Wages $132,628 Benefits 92,142 Total Personal Services $224,770 Clothing Allowance $1,200 Equipment Allowance 200 Communications (Phones) 1,200 Total Materials &Services $2,600 Administrative Fee $22,737 Total Budget $250,107 SK:bjl S:\REM\kTaten\Contacts\TigardPD\TiprdIGA_M013-2014_MODIFIED.doc Tigard/Metro IGA Page 8 of 8 FY 2013-2014