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Tigard Police Officer Security Provided to Ben Bridge MOU TIGARD POLICE OFFICER SECURITY PROVIDED TO BEN BRIDGE MEMORANDUM OF UNDERSTANDING This agreement is made and entered into by and between the City of Tigard ("City"), an Oregon municipal corporation and Ben Bridge, a jewelry store located at: 9518 SW Washington Square Road in the City of Tigard, Oregon ("Ben Bridge"),hereinafter collectively referred to as the "Parties." RECITALS WHEREAS,Ben Bridge is a retail establishment located within the City of Tigard; WHEREAS, Ben Bridge is hosting a high value jewelry event on Saturday November 26,2016; WHEREAS, Ben Bridge has requested in-store security services of the Tigard Police Department during the event; WHEREAS, Ben Bridge has agreed to pay the City for these in-store services; WHEREAS, the City recognizes that the Tigard Police Department would be obligated to respond to a crime in progress WHEREAS, the City recognizes that assigning a Tigard Police Officer to the Ben Bridge at this time,may deter crime related to the event. AGREEMENT NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein,it is agreed by and between the Parties as follows: 1. Financial obligations. The City has agreed to provide the dedicated assignment of a Tigard Police Officer at the overtime rate of $80.00 per hour as detailed in SCOPE OF WORK. This rate will be charged regardless of which officers are assigned. 2. Terms of Agreement. The Agreement shall be in effect on Saturday November 26, 2016 from 0900 to 2200 [9:00 AM to 10:00PM]. 3. Ben Bridge Obligations. Ben Bridge shall: 3.1 Address any questions about the scope of work to the appropriate Tigard Police Department supervisor prior to the November 26th event. 3.2 Not direct the movements of the assigned Tigard police officer during the above mentioned event. 3.3 Provide the Tigard police officer with access to a restroom during his or her assigned time. 3.4 Pay the City of Tigard in a timely manner after receipt of the overtime invoice. The check should be made out to "City of Tigard" and mailed to Tigard Police Department; 13125 SW Hall Blvd;Tigard, OR 97223.Attn:Business Manager Memorandum of Understanding— Ben Bridge and Tigard PD 1 I P a g e 4. City Obligations. City shall: 4.1 Conduct a pre-event meeting with Ben Bridge to discuss all aspects of officer involvement during the above identified engagement. 4.2 Provide one officer to be assigned to the Ben Bridge store for each hour of the event as listed above. 4.3 Control the movement of each officer during this time. Each Tigard officer detailed to the event will remain under the supervision of a Tigard watch commander at all times. 4.4 Provide an invoice to Ben Bridge within thirty (30) days after the event for the overtime expenses associated with staffing the above named event. Payment will be based on the previously established hourly rate. 5. Liability and Indemnity. This Agreement is for the benefit of the Parties only. Each Party agrees to indemnify and hold harmless the other Party, and its officers, employees, and agents, from and against all claims, demands and causes of actions and suits of any kind or nature for personal injury, death or damage to property on account of or arising out of services performed, the omissions of services or in any way resulting from the negligent or wrongful acts or omissions of the indemnifying party and its officers, employees and agents. To the extent applicable, the above indemnification is subject to and shall not exceed the limits of liability of the Oregon Tort Claims Act (ORS 30.260 through 30.300).In addition, each Party shall be solely responsible for any contract claims, delay damages or similar items arising from or caused by the action or inaction of the Parties under this Agreement. 6. Insurance. Ben Bridge shall purchase, and maintain,the following types of insurance: General liability insurance covering personal injury, property damage, and bodily injury with automatic coverage for premises and operation and product liability shall be a minimum of $1,000,000 per occurrence. The policy must be endorsed with contractual liability coverage. City,its elected officials,officers,agents,and employees shall be named as an additional insured. 7. Termination. Unless both parties extend this agreement via signed amendment as outlined in section 8., the Agreement will expire on November 27, 2016. City may terminate this Agreement, and withhold financial support, at any time if City reasonably determines Ben Bridge has failed to comply with any provision of this Agreement and is therefore in default. Prior to terminating this Agreement, City shall provide Ben Bridge the reason(s) that City has concluded that they are in default and includes a description of the steps that Ben Bridge shall take to cure the default. Ben Bridge shall have thirty(30) days from the date such notice is received to cure the default or make reasonable progress towards cure, as determined by the City. 8. Modification of Agreement. No waiver, consent, modification or change of terms of this Agreement shall be binding unless in writing and signed by both signatories, or their designees. 9. Severability: If any one or more of the provisions contained in this Agreement is invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions of the Agreement will not be affected or impaired in anyway. Memorandum of Understanding - Ben Bridge and Tigard PD 2 Page 10. Counterparts; Facsimile Execution. This Memorandum of Understanding may be executed in counterparts, each of which,when taken together,shall constitute fully executed originals. Facsimile or e-mail signatures shall operate as original signatures with respect to this Memorandum of Understanding. The parties have executed this Agreement as of the date(s) set forth below. CITY: BEN BRIDGE CITY OF TIGARD,a municipal Corporation BEN BRIDGE,a retail store located in the City of Tigard Signed by: / Signed by: t ittj Printed Name: /L 01f/1e-rir�PS Printed Name , �[`g�f ; Title: /ff/ /ftJ 441.4-4- (/f/f Title: C..Sit:___11/1\A(Wr Date: li• Of/6 Date: Memorandum of Understanding— Ben Bridge and Tigard PD 3 I Page SCOPE OF WORK The Tigard Police Department will assign one (1) police officer at a time to provide security services to Ben Bridge located at 9518 SW Washington Square Road in the City of Tigard, Oregon for a jewelry event. The officer will report to the location and will provide a combination or interior and exterior patrols as directed in advance by his or her Tigard Police Supervisor.These directed patrols will take place during the hours of 0900 and 2200 on Saturday November 26,2016. The officer(s) will primarily provide a visual deterrent to any potential jewelry theft. In the event of an attempted crime,the officer will follow all the same Tigard Police Department protocols that he or she would in the course of their regular patrols. Memorandum of Understanding- Ben Bridge and Tigard PD