The URL can be used to link to this page

Metro - 933506 Illegal Dumping Investigation Services 0 Metro 600 NE Grand Ave. Portland,OR 97232-2736 Amendment 503-797-1700 AMENDMENT NO.01 CONTRACT NO.933506 This Amendment 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 City of Tigard,hereinafter referred to as "TIGARD." This amendment is a change order to the original Scope of Work as follows: Extend the term of this Agreement for an additional seven months and change the contract budget costs to include services for the extended term. Paragraphs 1, 34 and Exhibit A of the Agreement are replaced in their entirety as follows: 1. The term of this Agreement shall be from July 1, 2015 through January 31, 2017, unless extended. 34. For the Agreement period beginning July 1, 2015 through June 30, 2016, METRO will pay TIGARD no more than ONE HUNDRED FIFTY-FOUR THOUSAND, FOUR HUNDRED FORTY-ONE AND NO/100 DOLLARS ($154,441.00) and for the Agreement period beginning July 1, 2016 through January 31,2017, METRO will pay TIGARD no more than NINETY-FOUR THOUSAND AND NO/100s ($94,000.00), unless additional services are requested or directed by METRO. These amounts include all fees, costs,and expenses to which TIGARD is entitled for the term of this Agreement. 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. TIGARD METRO BY BY Print Name r�`�- 1-• I/y+n c. Print e Date 2®1 Date Page 1 of 2 Tigard/Metro IGA#933506 Amendment No.01 Metro 600 NE Grand Ave. Portland,OR 97232-2736 Amendment 503-797-1700 AMENDMENT NO.01 CONTRACT NO.933506 Exhibit A Metro Regional Solid Waste Management FY 2015-16 Personnel Services Officer (1): Wages $86,264 Benefits 53,197 Total Personnel Services $139,461 Clothing Allowance $600 Equipment Allowance 100 Communications (Phones) 240 Total Materials &Services $940 Administrative Fee $14,040 Total Budget $154,441 FY 2016-17 Personnel Services Officer (1): Wages $51,630 Benefits 33,235 Total Personnel Services $84,865 Clothing Allowance $350 Equipment Allowance 100 Communications (Phones) 140 Total Materials &Services $590 Administrative Fee— 10% $8,545 Total Budget $94,000 SR/SA \1',.reni\reeafticonfiidential\raw ns\Contracts\Tieud PD\2016\AmendmentOl TieardFY15-17docz Page 2 of 2 Tigard/Metro IGA#933506 Amendment No.01 600 NE Grand Ave. www.oregonmetro.gov Portland, OR 97232-2736 h Metro I Making a great place June 26, 2015 Lisa Shaw, Business Manager City of Tigard Police Department 13125 SW Hall Boulevard Tigard, OR 97223 RE: City of Tigard/Metro IGA for FY 2015/2016 Dear Ms. Shaw: For your records,enclosed is a copy of the fully executed Intergovernmental Agreement between the City of Tigard and Metro for the one detective to investigate flow control violations, illegal dumping and other solid waste related violations. If you have questions about the enclosed agreement, please contact Stephanie Rawson at (503)797-1678 or Stephanie.Rawson2oregonmetro.gov for assistance. Sincerely, Roy W. Brower Solid Waste Compliance and Cleanup Manager SRAWB SR Enclosure: Intergovernmental Agreement cc: Stephanie Rawson, Solid Waste Cleanup and Enforcement Program Supervisor M\rem\regaff\confidential\rawsons\Contracts\Tigard PM2015\TigardCvrLtrFY15-16 doc Queue METRO 600 NE Grand Ave. Portland,OR 97232-2736 INTERGOVERNMENTAL AGREEMENT (503)797-1700 TIGARD Contract No. METRO Contract No. 933506 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 an Oregon municipal corporation 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 1,2015,through June 30, 2016,unless extended. 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 CGA No. 933506 Page 1 o(9 FY 2015-2016 METRO 600 NE Grand Ave. Portland,OR 97232-2736 INTERGOVERNMENTAL AGREEMENT (503)797-1700 3. INDEMNIFICATION AND LIABILITY a. 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. b. 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 boolts,documents,and other records of the other parties related to this Agreement for the purpose of examination,copying,and audit,unless otherwise limited bylaw. 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. 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. 8. 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 Roy W.Brower City Manager Solid Waste Compliance&Cleanup Manager 13125 SW Hall Blvd 600 NE Grand Avenue Tigard,OR 97223 Portland, OR 97232 INVESTIGATION: 9. TIGARD shall provide one TIGARD police officer C"Officer") for general investigative law enforcement service to METRO at METRO's direction. This service shall Tigard/Metro IGA No. 933506 Page 2 01`9 FY 2015-2016 M ETRO 600 NE Grand Ave. Portland,OR 97232-2736 INTERGOVERNMENTAL AGREEMENT (503)797.1700 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. 10. During the existence of this Agreement,the Officer 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: 11. TIGARD shall provide for the performance of the duties hereunder one FTE officer position. 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. 12. TIGARD shall be responsible for assuring that Officer assigned to METRO are certified by the State's Department of Public Safety Standards and Training and that the Officers maintain such certification. 13. For an Officer who has been assigned to METRO for one (1)year or longer, METRO shall pay one-half(1/2) 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. 14. The Officer shall be and remain employees of TIGARD. TIGARD shall ensure that the Officer performs their duties in accordance with the administrative and operational procedures of TIGARD. Tigard{Metro[GA No. 933506 Page 3 of 9 FY 2015-2016 IVB E T R O 600 NE Grand Ave. Portland,OR 97232-2736 INTERGOVERNMENTAL AGREEMENT (503)797-1700 15. 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. 16. METRO will not pay wages,salaries,or other compensation directly to the Officer performing services under this Agreement or for any other liability not provided for in this Agreement. 17. TIGARD shall maintain Workers'Compensation insurance coverage for the Officer, either as a carrier insured employer or a self-.insured employer as provided in ORS Chapter 656. 18. The collective bargaining agreement between the Officer and TIGARD("collective bargaining agreement")governs all matters related to benefits,hours.,vacations; sick leave,grievance procedures and other conditions of employment of the Officer. 19. The collective bargaining agreement and the TIGARD personnel rules govern all labor disputes arising out of this Agreement. 20. The Officer 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. 21. The Officer 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 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 up to a total combined annual contract year(July 1-June 30)maximum of 192 hours of the personnel costs,not to exceed the contract costs listed in.Exhibit A,of an Officer absent on vacation,holiday;leave of absence,bereavement,personal holiday,sick,or administrative leave,only if the Officer has been assigned to METRO for six months or longer.For absences due to general law enforcement training, refer to paragraph 13. Unless otherwise directed by METRO,the Officer assigned to METRO shall not work when METRO's offices are closed,including during the following nine (9) holidays: Tigard/MeLTO 1GA No. 933506 Page 4 of 9 FY 2015-2016 M E T R to 600 NE Grand Ave. Portland,OR 97232-2736 INTERGOVERNMENTAL AGREEMENT (503)797-1700 Cl) New Years Day; (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: 22. METRO shall provide the Officer 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 23. 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. 24. METRO shall purchase all materials and supplies necessary for the performance of this Agreement. 25. 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 26, upon termination of this Agreement,TIGARD shall return all materials and supplies to METRO. 26. 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 ofTIGARD's intent to exercise this option within SIXTY (60) days following termination of this Agreement. Tigard/Metro iGA No.. 933506 Page 5 of 9 FY 2015-2016 CMETRO 600 NE Grand Ave. Portland,OR 97232-2736 INTERGOVERNMENTAL AGREEMENT (503)797-1700 USE OF METRO-OWNED VEHICLES: 27. Only the Officer assigned to Metro under this agreement shall operate Metro- assigned vehicles. The Officer may drive their assigned Metro vehicles to their residences at the end of each working day. Atake-home vehicle will not be assigned to the Officer that resides more than 20 road miles (rounded to the nearest mile) beyond the Metro boundary. 28. Metro vehicles assigned to the Officer shall onlybe used for Metro-related business 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. In such cases, the TIGARD shall assume liability for damage incurred to any Metro vehicles while being used by the Officer for non-Metro purposes. Metro vehicles shall not be used for personal use or for off-hours Metro use without prior approval by Metro. 29. The carrying of any passenger that is not a Metro employee,TIGARD Police Officer, or Multnomah County Sheriff's Deputy must.be approved in advance by Metro. Officers that are in the field on Metro business during meal or break times may use their assigned vehicles to drive to a restaurant,convenience store, or similar stop, provided that it is within a reasonable distance of their business route. 30. All traffic laws shall be adhered to when operating Metro vehicles. Whenever practical,the Officer should pull over and park in a safe place before using non hands free cell phones, cameras, or engaging in any task that might distract from driving. 31. Vehicles must be Locked when not attended.The Officer is to follow TIGARD's policy on leaving firearms in a vehicle. When an Officer is on leave for more than one week,the vehicle shall be stored either at Metro headquarters or in a locked garage at the Officer's residence. Each Officer shall be responsible for the cleanliness of his/her assigned vehicle. Vehicles shall be fueled,washed,and taken in for scheduled maintenance by Officers during regular work hours but at Metro's.expense. 32. The only exception to the personal use procedures and passenger prohibition described in this section is when.there is a serious emergency. In such a situation,the Officer shall notify Metro of the use of the vehicle as soon as possible after the emergency has been addressed. CONTRACT COSTS: 33. METRO shall pay TIGARD for all costs as set forth in this Agreement. By March 1 of each year,TIGARD shall provide METRO with a good faith projection of the cost of Tigard/Metro IGA No. 933506 Page 6of9 FY 2015-2016 METRO 600 NE Grand Ave. Portland,OR 97232-2736 INTERGOVERNMENTAL AGREEMENT (503)n7-1700 this Agreement for the following fiscal year CJuly 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. 34. For the Agreement beginning July 1, 2015, METRO will pay TIGARD no more than ONE HUNDRED FIFTY-FOUR THOUSAND, FOUR HUNDRED FORTY-ONE AND NO/100 DOLLARS ($154,441.00),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. 3.S. All costs listed on Exhibit A, which is the Budget for this Agreement prepared.by METRO,are on a"not to exceed"basis. 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: 36. 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. 37. 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: 38. The designated representative of the City of Tigard will represent TIGARD in all matters pertaining to administration of this Agreement. 39. METRO designates its Solid Waste Compliance&Cleanup Manager or the Manager's designee to represent METRO in all matters pertaining to administration of this Agreement. Tigard/Metro IGA No. 9333506 Pape 7 of 9 FY 2015-2016 METRO 600 NE Grand Ave. Portland,OR 97232-2736 INTERGOVERNMENTAL AGREEMENT (603)797-1700 CONTRACT MODIFICATION AND THIRD PARTY RIGHTS: 40, 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. 41. 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. CITY OF TIGARD METRO B By. L Marty Winer Martha'Bennett City Manager Chief Operating Officer Date. 1� Date: r APPROVED AS TO FORM: APPROVED AS TO FORM: Metro Atto By: lk gy. Michelle Bel Senior Metro Attorney Date: Date: `t."1.0. 5 Tigard/Metro 3GA No. 933506 Page 8 of 9 FY 2015-2016 ETR O 600 NE Grand Ave., Portland,OR 97232.2736 INTERGOVERNMENTAL AGREEMENT (503)797-1700 Exhibit A Metro Regional Solid Waste Management FY 2015-16 Personnel Services Officer(1): Wages $86,264 Benefits 53,197 Total Personnel Services $139,461 Clothing Allowance $600 Equipment Allowance 100 Communications (Phones) 240 Total Materials&Services $940 Administrative Fee $14,040 Total Budget $154,441 Tigard/Metro[GA No. 933506 Page 9 of 9 FY 2015-2016 VMETRO 600 NE Grand Ave. Portland,OR 97232-2736 INTERGOVERNMENTAL AGREEMENT (503)797-1700 Tigard Contract No. Metro Contract No. q 29 c�bs 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, 2010, through June 30, 2011. 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 2010-2011 i 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 1 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 Craig Prosser Margo Norton 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 2010-2011 .f CMETRO 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 2010-2011 VMETRO 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. 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. METRO shall pay personnel costs for any Officer absent during the following nine holidays when METRO's offices are closed: (1) New Years Day; (2) Martin Luther King Day; (3) Presidents' Day; Tigard/Metro IGA Page 4 of 8 FY 2010-2011 CMETRO 600 NE Grand Ave. Portland,OR 97232-2736 INTERGOVERNMENTAL AGREEMENT (503)797-1700 (4) Memorial Day; (5) Independence Day; (6) Labor Day; (7) Veterans Day; (8) Thanksgiving Day; and (9) Christmas Day. OFFICE SPACE 22. 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 23. 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. 24. METRO shall purchase all materials and supplies necessary for the performance of this Agreement. 25. 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 26, upon termination of this Agreement, TIGARD shall return all materials and supplies to METRO. 26. 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. CONTRACT COSTS 27. 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. Tigard/Metro IGA Page 5 of 8 FY 2010-2011 M ETRO 600 NE Grand Ave. Portland,OR 97232-2736 INTERGOVERNMENTAL AGREEMENT (503)797-1700 28. For the Agreement beginning July 1, 2010, METRO will pay TIGARD no more than $212,180, 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. 29. 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 30. 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. 31. 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 32. The designated representative of the City of Tigard will represent TIGARD in all matters pertaining to administration of this Agreement. 33. METRO designates its Finance and Regulatory Services Director or her designee to represent METRO in all matters pertaining to administration of this Agreement. CONTRACT MODIFICATION AND THIRD PARTY RIGHTS 34. 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. 35. 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 Tigard/Metro IGA Page 6 of 8 FY 2010-2011 CMETRO 600 NE Grand Ave. Portland,OR 97232-2736 INTERGOVERNMENTAL AGREEMENT (503)797-1700 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 Y B Michae Jord Craig P sser Y� an City nager Chief Operatin fficer Date: "7 0 Date: `� i l3 APPROVED AS TO FORM: APPROVED AS TO FORYM Metro o n y r By: BY: Timothy V. Ramos ichel ellia Tigard Counsel Senio etro ttorney Date: Date: Tigard/Metro IGA Page 7 of 8 FY 2010-2011 VMETRO 600 NE Grand Ave. Portland,OR 97232-2736 INTERGOVERNMENTAL AGREEMENT (503)797-1700 Exhibit A Metro Regional Solid Waste Management FY 2010-11 Personal Services Detective: Wages $136,704 Benefits 55,739 Total Personal Services $192,443 Clothing Allowance $350 Equipment Allowance 100 Total Materials &Services $450 Administrative Fee $19,287 Total Budget $212,180 SK;bjI S\REWkraten\Contrauffigard PD\Tigard IGA_FY2010-201 I doe Tigard/Metro IGA Page 8 of 8 FY 2010-2011 City of Tigard CITY ADMINISTRATION—RECORDS DNew Records Transmittal Department: Police Department Account: 4000 Date: 4/19/10 Prepared By: juha Wade Extension: 2565 Dept. Box No.: Description Dates Retention Code METRO INTERGOVERNMENTAL AGREEMENT 7/1/10 - 6/30/11 166-200-0135 (4) BETWEEN THE CITY OF TIGARD AND METRO * * * TO BE COMPLETED BY RECORDS STAFF Received by: Date Received: Medium: Clerk's Index: ❑ Yes ❑ No Access Index. ❑ Yes ❑ No Date of Entry: 1/0 FS/Records/New Records Transmittal(10 22 07) Tigard Contract No. Metro Contract No.0000929284 INTERGOVERNMENTAL AGREEMENT 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 t5 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 stat6 law and.the Metro Charter and is a unit of local government.authorized to enter into intergovernmenital"agreements purs.uant.to ORS 19.0 0'1.Q. etseq nd WNEREi4S, METRO desires to, contract with TIGARD forthe perf'ermanice.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 offhose.mutual promises and the,te.r"ms and conditions set forth hereafter„and pursuant to the.provrsions of ORS chapter 190, the parties agree to be bound as fo,[lows 1. TERM: The term of this Agreement shall be from July 1, 2009, through June 30, 2010. 2. TERMINATION: This Agreement may be:terminated as follows: a. Any party to this Agreement may terminate this Agreement for its conventence and vi+ithout.penalty:upon thirty (3q)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.vf`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. 3. 'INDEMNIFICATION: Subject to the,conditions and limitations of the.Oregon Constitution and the Tigard/1006o IGA Pagel of 8 FY 2009-2010 Tigard Contract No. Metro Contract No.0000929284 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 ail.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 1 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 Craig Prosser Margo Norton City Manager Finance and Regulatory Services Director 13125 SW Hall Blvd 600 NE Grand Avenue Tigard, OR 97223 Portland, OR 97232 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 Tigard/Metro IGA Page 2 of 8 FY 2009-2010 r Tigard Contract No. Metro Contract No.0000929284 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 relatingto flow car7trol illegal dumping and solid waste management. PERSONNEL MATTERS: 12 TI,GARD shall provide for the performance of the duties hereunder two FTE officer positions: For the.ptarpose of this Agreement,:one FTE position means an employee wo is regularly scheduled to work at least 40 hours per week performing:the. services required under this Agreement. 13. TliGL shat! be responsible for assuring.that Qfficers assigned,to;METRO are certified,bytle State's Department of Public Safety Standards anal Training and that:the:Officers maintain such.certification. 14: For ori 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. 1.5. The Officers shall be and remain employees of TIGARD, TIGARD. shall ensure that the;Officersperl:orm 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. Tigard/Metro IGA Page 3 of 8 FY 2009-2640 Tigard Contract No. Metro Contract No.0000929284 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. 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 124 hours, only if the Officer has been assigned to METRO for six months or longer. METRO shall pay personnel costs for any Officer absent during the following nine holidays when METRO's offices are closed: (1) New Years Day; (2) Markin 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 22. METRO shall provide the Officers with office space and shall pay the costs for Tigard/Metro IGA Page 4 of 8 FY 2009-2010 Tigard Contract No. Metro Contract No.0000929284 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 23. 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. 24. METROshall purchase all. materials and supplies necessary for the performance of this Agreement: 26.. METRO :shall,own all vahicles and equipment it purchases for this;Agreement, including without.limitation capital equipment. TIGARD shall use iUIET:RO's vehicles:and equipment;only to.perfo.rm its duties. under this;Agreement and shall not use them.for any other purpose rnithout authorization from METRO. METRO shalt pay fuel and maintenance costs for its vehicles. Except as provided in paragraph 26; upon termination of this Agreement, TIGARD:shall return.all- materials and supplies to METRO. 26: Consistent with Metro. Code Cnaptei 2.04:064,;upon termination of this;. Agreement METRO.may grant to TIGARD an option to purchase from METRO any bra remaining materials and supplies purchased for this Agreement,.at a price rnutually agreed upon by the par ties, not to exceed the fair market,value of the items at the times of purchase. TIGARD agrees to give METRO nonce.of TIGARD.'s intent to exercise this option within 60 days following termination of this Agreement. CONTRACT COSTS. 27. METRO shall pay TIGARD for:all costs as>set forth in this Agreement.:Sy.April 1 of each year, TIGARD shall provide. METRO with a good faith projection of the cos# of this Agreement for the 10llowing fiscal year{July 1 to:June 30}. The parties shall agre.e.-on the amount paid .by METRO for the;term:of the Agreement before each anniversary date of the execution of this Agreement. 28.. . .For the Agreement beginning July 1,<2009, METRO will payTIGARD no more; than $212,180, unless additional services are requested or directed b'' METRO. This amount includes all fees,. costs, and expenses to which TIGARD is entitled for the.term of this Agreement: 29. Exhibit 1 is,th.6,Budget for the Agreement prepared by METRO. TIGARD shall submit;itemized billings tv METRO no more than 15 days after the end of each quarter of the;'contract year,'and METRO shall make payment to TIGARD within 30 days of receipt of approved billings. Tigard/Metro iGA Page,5.of$ FY 2009-2010 Tigard Contract No. Metro Contract No.0000929284 DISPUTE RESOLUTION 30. 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. 31. 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 32. The designated representative of the City of Tigard will represent TIGARD in all matters pertaining to administration of this Agreement. 33. METRO designates its Finance and Regulatory Services Director or her designee to represent METRO in all matters pertaining to administration of this Agreement. CONTRACT MODIFICATION AND THIRD PARTY RIGHTS 34. 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. 35. 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 By: G By: Craig P �9&sser . Michae Jordan,97 City M eager Chiefperati g fficer Date: 7 9 Date: ✓� �` T'igardlMetro ICaA Page 6 of 8 FY 2009-2010 Tigard Contract No. . Metro Contract No.0000929284 APPROVED AS TO FORM. APPROVED AS TO FORM: Metro Attorney By: By.: --T4fflbthYC7. R04S ' elle ell[ Tigard Counsel Senior Metro Attorney Date: .� Date: Tiga0metro IGA Nage 7 of 8 FY 2009-2010 Tigard Contract No. Metro Contract No.0000929284 Exhibit 9 Metra Regional Solid Waste Management FY 2009-10 Personal Services Detective: Wages $136,704 Benefits 54,539 Total Personal Services $191,243 Clothing Allowance $1,200 Equipment Allowance 100 Total Materials & Services $1,300 Administrative Fee $19,637 Total Budget $212,180 S:\RFMlkraten\Contraots\Tigard PD\Tigard tGA_FY2009-2010.doc Tigard/Metro IGA Page 8 of 8 FY 2009-2010 Metro Contract No. —928101 AMENDMENT NO. 2 TO INTERGOVERNMENTAL AGREEMENT FOR METRO GENERAL INVESTIGATIVE LAW ENFORCEMENT SERVICES WHEREAS, the City of Tigard ("TIGARD") and METRO (collectively"the Parties") entered into an Intergovernmental Agreement("Agreement")providing for the performance of certain law enforcement functions by TIGARD in 2007. WHEREAS, this Amendment No. 2 revises the Agreement between the Parties to extend the Agreement through June 30, 2009. WHEREAS, this Amendment No. 2 shall take effect on July 1, 2008. NOW, THEREFORE, the Agreement is hereby amended as follows: 1. Paragraph 1, Term, is revised as follows: The term of this Agreement shall be from July 1, 2008 through June 30, 2009. 2. Paragraph 28, Contract Costs, is revised as follows: For the Agreement beginning July 1, 2008, METRO will pay TIGARD no more than $215,422, 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. 3. Exhibit 1, the"Budget for the Agreement prepared by METRO,"referred to in the first sentence of paragraph 29, Contract Costs,is revised as indicated by the attached Exhibit 1 to this Amendment No. 2. Exhibit 1 reflects the fiscal year 2008-2009 Budget for this Agreement. 4. All other provisions of the Agreement, not inconsistent with the above amendments shall remain in full force and effect. IN WITNESS WHEREOF, the Parties have caused this Amendment No. 2 to be executed by their duly appointed officers on the date written below. TIGARD METRO By: 4By: City M#ager Chi Operati fficer Date: ,2 y _2dd Date: Page 1 of 2—928101 AMENDMENT NO.2 TO INTERGOVERNMENTAL AGREEMENT FOR METRO GENERAL INVESTIGATIVE LAW ENFORCEMENT SERVICES Metro Contract No —928101 APPROVED AS TO FORM APPROVED AS TO FORM By�� j., LBy Tigard Cou 1 Metro Attorney Date 7/1/yt Date SK,bII S\REM\kraten\ContractsMgard PD\Metro IGA Amendment No 2 doe Queue i t Page 2 of 2—928101 AMENDMENT NO 2 TO INTERGOVERNMENTAL AGREEMENT FOR METRO GENERAL INVESTIGATIVE LAW ENFORCEMENT SERVICES a Metro Contract No —928101 Exhibit 1 Metro IGA City of Tigard FY 2008-09 Personal Services Detective (2 Positions): Wages $118,560 Special Assignment Pay 5,928 Benefits 69,950 Total Personal Services $194,438 Materials and Services Clothing Allowance $1,200 Equipment Allowance 200 Total Materials &Services $1,400 Administrative Fee - 10% $19,584 Total Budget $215,422 Note Overtime,would be at time and a half and no dollars have been included in this budget Exhibit 1—928101 AMENDMENT NO 2 TO INTERGOVERNMENTAL AGREEMENT FOR METRO GENERAL INVESTIGATIVE LAW ENFORCEMENT SERVICES AMENDMENT NO. 1 TO INTERGOVERNMENTAL AGREEMENT FOR METRO GENERAL INVESTIGATIVE LAW ENFORCEMENT SERVICES WHEREAS,the City of Tigard("TIGARD")and METRO (collectively"the Parties") entered into an Intergovernmental Agreement("Agreement")providing for the performance of certain law enforcement functions by TIGARD in 2007. WHEREAS, this Amendment No. 1 revises the Agreement between the Parties to allow the: addition of one(1) additional full-time Tigard police officer to provide for general investigative law enforcement service to METRO's Solid Waste& Recycling Department. WHEREAS, this Amendment No. 1 shall take effect on December 1, 2007. NOW, THEREFORE, the Agreement is hereby amended as follows: 1. Paragraph 10, Investigation,the first sentence is revised as follows to reflect the addition of one(1) full-time Tigard police officer: TIGARD shall provide two TIGARD police officers("Officers") for general investigative law enforcement service to METRO at METRO's direction. 2. Paragraph 11, Investigation, is revised as follows: 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 and waste management. 3. Paragraph 12,Personnel Matters, is revised as follows: TIGARD shall provide for the performance of the duties hereunder two FTE officer positions. For the purpose of this Agreement, an FTE position means an employee who is regularly scheduled to work at least 40 hours per week performing the services required under this Agreement. 4. Paragraph 13, Personnel Matters, is revised as follows: The Officers shall be certified by the State's Department of Public Safety Standards and Training. Page 1 -AMENDMENT NO. 1 TO INTERGOVERNMENTAL AGREEMENT FOR METRO GENERAL INVESTIGATIVE LAW ENFORCEMENT SERVICES 50014-36801 Metro IGA Amendyaenl.doclC/11/14/2007 5. Paragraph 15, Personnel Matters, is revised as follows: The Officers shall be and remain employees of TIGARD. TIGARD shall ensure that the Officers perform duties in accordance with the administrative and operational procedures of TIGARD. 6. Paragraph 17, Personnel Matters, is revised as follows: 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. 7: Paragraph 18, Personnel Matters, is revised as follows: 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. 8. Paragraph, 19, Personnel Matters, is revised as follows: 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. 9. Paragraph 21, Personnel Matters, is revised as follows: An Officer 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: 10. Paragraph 22, Office Space, is revised as follows: 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. 11. Paragraph 28, Contract Costs, is revised as follows: For the Agreement beginning July 1, 2007,METRO will pay TIGARD no more than $170,200,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. Page 2 -AMENDMENT NO. 1 TO INTERGOVERNMENTAL AGREEMENT FOR METRO GENERAL INVESTIGATIVE LAW ENFORCEMENT SERVICES 50014-36802 Metro IGA Amendnlent.dodUl 1/14/2007 y, 12. Exhibit 1,the "Budget for the Agreement prepared by METRO,"referred to in the first sentence of paragraph 29, Contract Costs, is revised as indicated by the attached Exhibit A to this.Amendment No. 1. Exhibit A reflects the increase in the Budget due to the addition of one (1) additional full time Officer. 13. All other provisions of the Agreement,not inconsistent with the above amendments shall remain in full'force and effect. IN WITNESS WHEREOF,the Parties have caused this Amendment No. I to be executed by their duly appointed officers on the date written below. TIGARD METRO By: By, , City ManAger Chr-operati Officer Date: //�,,29� Date: L APPROVED AS TO FORM: APPROVED AS TO FORM B �., igard Counsel ZMbetro ttorney Date: / �' y' Date: Z 2 Page 3 -AMENDMENT NO. 1 TO INTERGOVERNMENTAL AGREEMENT FOR METRO GENERAL INVESTIGATIVE LAW ENFORCEMENT SERVICES 50014-36802 Metro IGA Amendment.docIC/ll/14/2007 Exhibit A Metro IGA Amendment#1 Budget: December,2007 through June 30,2008 Personal Services Detective: Wages $32,184 Special Assignment Pay 2,764 Benefits 19,221 Total.Personal Services $54,169 Clothing Allowance $350 Equipment Allowance 100 Total Materials &Services $450 10%Administrative Fee $5,581 Total Budget $60,200 Note: Overtime would be at time and a half and no funds for overtime are included in this budget. Tigard Contract No. Metro Contract No. 928101 INTERGOVERNMENTAL AGREEMENT . 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, 2007, through June 30, 2008. 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. 3. INDEMNIFICATION: Subject to the conditions and limitations of the Oregon Constitution and the Tigard/Metro IGA Page 1 of 8 FY 2007-2008 i.,,,rd Contract No. Metro Contract No. 928101 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 1 constitute the entire agreement between the parties. This Agreement may be modified or amended only the by 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 attomey,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 City Manager Solid Waste& Recycling Department Director 13125 SW'Hall Blvd 600 NE.Grand.Avenue Tigard, OR 97223 Portland, OR 97232 INVESTIGATION 10: TIGARD shall provide a TIGARD police officer("Officer")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 and solid waste Tigard/Metro IGA Page 2 of 8 FY 2007-2008 Tigard Contract No. Metro Contract No. 928101 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 Officer 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:ali METRO code provisions,and'regulations, including without limitation those relating to flow control and waste management.. . PERSONNEL MATTERS 12. TIGARD shall provide for the performance of the duties hereunder one FTE officer position. 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. The Officer shall be certified by the State's Department of Public Safety Standards and Training. 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. 15. The Officer shallbe and remain an employee of TIGARD. TIGARD shall ensure that the Officer performs 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 removed from assignment under this Agreement and replaced by other Officer meeting the requirements of this Agreement. 17. METRO will not pay wages, salaries, or,other compensation directly to the Officer performing services under this Agreement or for any other liability not provided Tigard/Metro IGA Page 3 of 8 FY 2007-2008 .,..rd Contract No. Metro Contract No. 928101 for in this Agreement. 18. TIGARD shall maintain Workers' Compensation insurance coverage for-the Officer, either as a carrier insured:employer ora self-insured employer as provided in.ORS Chapter 656. 19. The collective bargaining agreement between the Officer and'TIGARD ("collective bargaining agreement")governs all matters related to benefits, hours, vacations, sick leave, grievance procedures and other conditions of employment of the Officer: 20. The collective bargaining agreement and the TIGARD personnel rules govern all labor.disputes arising out of this Agreement. 21. The Officer may be absent from duty:for.various reasons, includin ,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. (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. METRO shall pay personnel.costs for any Officer.abserit during the following nine holidays when,METRO's offices are closed: (1) ' New Years Day; (2)` Martin Luther°King`Day; (3) Washington's Birthday; (4) Memorial Day; (5) Independence Day; (6) Labor,Day; (7) Veterans Day; (8) Thanksgiving Day; and (9) Christmas Day. OFFICE SPACE 22. METRO shall provide the Officer with office space:and shall,,pay,the costs-for utilities including without limitation telephone costs, at METRO's premises or ata site mutually agreed upon by TIGARD'and METRO: Tigard/Metro IGA Page 4,of 8 FY 2007-2008 Tigard Contract No. Metro Contract No. 928101 EQUIPMENT PURCHASE, USE AND DISPOSITION 23. 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. 24. METRO shall purchase all materials and.supplies necessary for the performance of this Agreement. 25. 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. TIGARD shall assume liability for damage to any METRO vehicles or equipment while being used for non-METRO law enforcement-related purposes. Except as provided in paragraph 26, upon termination of this Agreement, TIGARD shall return.all materials and supplies to METRO. 26. 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. CONTRACT COSTS 27. METRO shall pay TIGARD for all costs as set forth in this Agreement. By February 1 of each year, TIGARD shall provide METRO with a good faith projection of the cost of this Agreement for the subsequent term of the Agreement. The parties shall agree ron the amount paid by METRO for the term of the Agreement before each anniversary date of the execution of this Agreement. 28. For the Agreement beginning July 1, 2007, METRO will pay TIGARD no more than $110,000, 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. 29. Exhibit 1 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. Tigard/Metro IGA Page 5 of 8 FY 2007-2008 ._,rd Contract No. Metro Contract No. 928101 DISPUTE RESOLUTION 30. If a'claim, controversy, or dispute:arises out of this Agreement, the complaining party shall give written notification to the other party of the nature of the,claim and the remedyrequested within 10 days of the incident that forms the basis.of the dispute. 31. 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 32. The designated representative of the City of Tigard will represent TIGARD in all matters pertaining to administration of this Agreement. 33. METRO designates its Solid Waste & Recycling Department Director or his designee to represent METRO in,all matters pertaining to administration of this Agreement. CONTRACT MODIFICATION AND THIRD PARTY RIGHTS 34. This Agreement may be amended by agreement of the parties. Any amendment to this Agreement shall,:be effective only.When !ncorporated herein by written amendments and signed by both.METRO and TIGARD. 35. This Agreement shall notbe deemed to vest'in'any third party any rights,nor shalt 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 thisAgreement to be executed by their duly appointed officers on the date written below:, TIGARD METRO B B y. y. City Ma erMich el Jorda Chief Operati Officer Date: � zs/o 7 Date: 5 A� —T Tigard/Metro 1GA Page 6 of 8 FY 2007-2008 Tigard Contract No. Metro Contract No. 928101 APPROVED AS TO FORM: APPROVED AS TO FORM: Metro Attorney By. 'A B . Tig6rd CounseV lle Bellia ,I Assistant Metro Attorney Date:—t ' `i J 7 Date: "�-• 2 • Off` SK:mb/gbc SAREM\laaten\Contracts\Tigard PD\928101 Tigard IGA.doc Queue Tigard/Metro IGA Page 7 of 8 FY 2007-2008 I r,. rd Contract No. Metro Contract No. 928101 EXHIBIT 1 - ............. ....... _ Metro _...... _. _ ......... ........ ...__..................... ...... Regional.Solid Waste Management Metro Illegal Dispoal Ordinance FY 2007-08 _ Total.___._. Base Hourly Hourly i Rate Rate Benefit % w/Benefits Dectectve ..__. $28.15 � � �� 'Total Budget .. .. ......... .. . . . .... ... .......: ... ...._... _ ;Special Assignment Pay $0.84 ' Total Hourly Rate $28.99 55.00% - $93,475.78$44.94 ;Clothing Allowance Per Month $50.00 Equipment Allowance Per Year , $100.00 ' $100.00 .._........___._............. _. _.. Vehicle Rental ;Month to Month $350.001 j $4,200.00 _.. . __.._....._......._._._......... $98,375.78 :Administrative Fee 10.00% $9,837.58 ___.. __._..__.._..._.... $108,213.36 Note: Oert'ime would be at time and a half and no dollars have been included in this budget. S:\REMWaten\Contracts\Tigard PD\928101 Tigard IGA.doc Queue Tigard/Metro IGA Page 8 of 8 FY 2007-2008 9/5/2007 CITY OF TIGARD Page 1 of 1 11:21:48AM lmageFlow Lite Report- Legislative History (Detailed) UserlD: CAROL oc. Ket. o e• oc. Date Item Ref. Action Code Brief Description e . o e Cont. Date Exp. Date Name Referred to File Reference # Security Class Abstract Keywords TOM IMDIEKE AGREEMENT WITH METRO FOR TIGARD POLICE METRO DEPARTMENT TO PROVIDE A DETECTIVE TO PERFORM INTERGOVERNMENTAL AGREEMENT GENERAL INVESTIGATIVE LAW ENFORCEMENT SERVICE CITY OF TIGARD ENFORCING METRO'S SOLID WASTE MANAGEMENT CODE POLICE DETECTIVE LAW ENFORCEMENT SOLID WASTE SOLID WASTE MANAGEMENT CODE Total Items Printed: 1