2004-98-Resolution No. 2004-011 Recorded 2/4/2004REVIEWED
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LEGAL COUNSEL
DESCHUTES COUNTY OFFICIAL
NANCY BLANKENSHIP, COUNTY
COMMISSIONERS' JOURNAL
11111)[I 11111111111111IIIII
2 58
RECORDS CJ 1004'98
CLERK
02/04/2004 02:12:20 PM
For Recording Stamp Only
BEFORE THE GOVERNING BODY OF THE SUNRIVER SERVICE DISTRICT
A Resolution authorizing the Intergovernmental
Agreement for Surplus Property Disposal between the * RESOLUTION NO. 2004 - Ol 1
Sunriver Service District and the State of Oregon.
WHEREAS, ORS 190.010 authorizes units of local government to enter into written agreements with
other units of government; and
WHEREAS, the Sunriver Service District may have surplus property from time to time and needs a
means to dispose of such property; and
WHEREAS, the State of Oregon has the means and resources to efficiently provide a mechanism for
disposing of such property; and
WHEREAS, it is in the public interest to have the Sunriver Service District enter into an
Intergovernmental Agreement with the State of Oregon to dispose of such property, now, therefore,
BE IT RESOLVED BY THE GOVERNING BODY OF THE SUNRIVER SERVICE DISTRICT, as
follows:
Section 1. The Sunriver Service District shall enter into an Intergovernmental Agreement
for Surplus Property Disposal with the State of Oregon, the form of which is attached hereto as
Exhibit A.
DATED this 2nd day of February, 2004.
ATTEST:
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Recording Secretary
PAGE 1 OF 1— RESOLUTION NO. 2004 - 011 (1/2/04)
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON, ACTING AS
THE GOVERNING BODY OF THE SUNRIVER
SERVICE DISTRICT
� �,, , "-/, /"-, 4 � -
C AEL M. DALY, air
DENNIS R. LUKE, Commission
TOM 15ENYOLF, Com.missio
V
FROM SALEM STATE SURPLUS (WED) 1. 21' 04 14:59/ST. 14:58/NO. 4862603264 P 2
State of Oregon
Department of Administrative Services
J NTERGOVERNMENTAL AGREEMENT
FOR SURPLUS PROPERTY DISPOSAL
USE OF THE STATE SURPLUS PROPERTY DISPOSAL NETWORK
This agreement, hereinafter referred to as "Agreement", is made and entered into this day
of 1 , by and between the State of Oregon; Department of Administrative
Services, hereinafter referred to as "State",
and
(political subdivision)
((��
(address)
r�l7nC' dei
OR) hereinafter referred to as "Political Subdivision"
(city, state, zip code)
1. STATUTORY AUTHORITY
In accordance with and pursuant to the provisions of ORS Chapter 190,
entitled "INTERGOVERNMENTAL COOPERATION", the State is
authorized to cooperate with and furnish services to a city, county, district,
or other municipal corporation, commission, authority, entity of political
subdivision organized and existing under statute or city or county charter in
Oregon. By acceptance of this Agreement, the Political Subdivision certifies
that it meets the above criteria for eligibility for cooperation or' receipt of
services from the State.
2. SERVICES TO BE PROVIDED
(a) The State will provide surplus and confiscated property disposal services,
for the term of this Agreement, to the Political Subdivision in return for
a service fee. Revenues derived from this service fee shall be used to
defer expenses incurred in the transportation, documentation,
warehousing, handling and sales directly related to the use of the State's .
surplus property disposal services by the Political Subdivision. The
services to be provided under this Agreement will be in the form of
access to the use of the State Surplus Property disposal network. By
acceptance of this Agreement, the Political Subdivision agrees that the
FROM SALEM STATE SURPLUS (WED) 1. 21' 04 14:59/ST. 14:58/NO. 4862603264 P 3
Oregon Department of Administrative Services
Intergovernmental Agreement
Surplus Property Disposal Services
Page 2
services to be provided will be used for official government business
only.
(b) A service fee representing a percentage of the value received at sale will
be applied to all assets sold through the State Surplus Property disposal
network. The service fee is based on the following schedule; $00.01-
$10.00 = 100%; S10.01 - $5,000.00 =20%; and $5,000.01 and over =
15%. The services provided and charges incurred may be modified by the
execution of an amended Property Disposition Request agreed to by both
parties.
(c) The State reserves the right to establish and / or adjust resale prices of
State Surplus Property to reflect fair market value. Fair market value will
be established using methods that are generally accepted and used by the
industry. This includes, but is not limited to, consulting vendors selling
like goods e.g. antique dealers and/or liquidators. Resale values
established by the Political Subdivision will be honored for a period not
to exceed thirty (30) days before fair market value adjustments are
executed.
3. TERMS,
This Agreement is effective, and will be considered fully executed, upon
signature by both parties, and shall remain in effect until canceled by one of
the parties. However, in no event shall the term of this Agreement extend
beyond a period of (5) years from the date it becomes effective. The term of
this Agreement may be extended or renewed if it is mutually agreeable to do
so. Such extension or renewal shall be in writing with the term of extension
or renewal specified.
4. CANCELLATION,
(a) This Agreement may be canceled without liability or penalty, by either
party, upon presentation of forty-five (45) days written notice. No such
0
FROM SALEM STATE SURPLUS (WED) 1. 21' 04 14:59/ST. 14:58/NO. 4862603264 P 4
Oregon Department of Administrative Services
Intergovernmental Agreement
Surplus Property Disposal Services
Page 3
cancellation shall prejudice any obligations or liabilities or either party
already accrued prior to the effective date of cancellation.
(b) The State may cancel this Agreement immediately upon such notice as
the State may provide, without liability or penalty, in the event funding
sufficient to support the program is suspended, withdrawn, denied or
terminated. The manager of the Surplus Property Center within the
Department of Administrative Services shall have absolute discretion to
determine the availability of sufficient funding, and may effect
cancellation of this Agreement by delivery of written notice to the
Political Subdivision. By mutual agreement of the parties, this
Agreement may be amended to accommodate a reduction in the funding
of either party.
5. RESPONSIBILITY OF THE POLITICAL SUBDIVISION
(a) It is understood that utilization of the services authorized by this
Agreement are elective on the part of the Political Subdivision.
(b)The Political Subdivision is responsible for providing the State with the
necessary information to provide effective and accountable surplus
property disposal services. This information would include, but not be
limited to, the submission of complete, accurate and timely Property
Disposition Requests and Property Tags for each item/items submitted to
the State for disposal.
(c) The Political Subdivision agrees to allow all service fees applied by the
State to be deducted from sale proceeds prior to their final disbursement.
FROM SALEM STATE SURPLUS (WED) 1.21'04 15:00/ST.14:58/NO.4862603264 P 5
Oregon Department of Administrative Services
Intergovernmental Agreement
Surplus Property Disposal Services
Page 4
(d)Under this Agreement, the Political Subdivision becomes a subscriber to
and user of the State Surplus Property disposal network, which belongs
to and is used by the State of Oregon and its constituent agencies and
divisions. The Political Subdivision will be treated, as practicable and
possible, on a parity with state agencies and other political subdivision to
and use this service.
6. RESPONSIBILITY OF THE STATE,
The State shall make every attempt to provide the Political Subdivision with
satisfactory services on a parity with all other subscribers to and users of the
State Surplus Property disposal network. The State will notify the Political
Subdivision in writing at least thirty (30) days prior to any scheduled
changes in services and or fees.
7. LIMITATION OF LIABILITY
The Political Subdivision agrees that the State shall not be liable for and
indirect incidental special punitive or consequential damages, or any loss
of profits or revenue including, but not limited to, delay, interruption of
business activities, or lost receipts. State's maximum liability for any
dama es whether in contract or tortwill not exceed the fees which the
Political Subdivision paid State under this Agreement.
8. INDEMNIFICATION BY THE POLITICAL SUBDIVISION
To the full extent authorized by statute or charter, the Political Subdivision
shall indemnify, defend, and hold harmless the State of Oregon and the
Department of Administrative Services, its officers, divisions, agents,
employees, and members from all claims, suits, or actions of any nature
arising out of the negligent acts or omissions of the Political Subdivision, its
officers, contractors, agents or employees under this agreement.
FROM SALEM STATE SURPLUS (WED) 1. 21' 04 15:00/ST. 14:58/NO. 4862603264 P 6
Oregon Department of Administrative Services
Intergovernmental Agreement
Surplus Property Disposal Services
Page 5
9. INDEMNIFICATION BY THE STATE
Subject to the limitations and conditions of the Oregon Tort Claims Act,
ORS 30.260 through 30.300, and Article XI, Section 7 of the Oregon
Constitution, State of Oregon shall indemnify the Political Subdivision and
hold the Political Subdivision harmless from and against liability for damage
to life, person or property arising solely from the negligence of the State of
Oregon and the Department Of Administrative Services, its officers,
division, agents, employees, and members in providing services to the
Political Subdivision under this Agreement. Provided, the State of Oregon
Shall not be required to indemnify and hold Political Subdivision harmless
from liability arising in any manner from the acts or omissions of Political
Subdivision, its officers, contractors, agents, or employees.
10. AS SIGNMENT
The provisions of this Agreement shall be binding upon and shall inure to
the benefit of the parties hereto and their respective successors and assigns.
Neither party shall assign or transfer its interest in this Agreement without
the prior written approval of the other.
11. WAIVER,
The failure to either party to enforce any provisions of this Agreement shall
not constitute a waiver by that party of that or any other provision of this
Agreement, or the waiver by that party of the ability to enforce that or any
other provision in the event of any subsequent, similar breach.
12. SEVERABILITY,
If any provision of this Agreement shall be held invalid or unenforceable by
any court or tribunal of competent jurisdiction, such holding shall not
FROM SALEM STATE SURPLUS (WED) 1. 21' 04 15:00/ST. 14:58/NO. 4862603264 P 7
Oregon Department of Administrative Services
Intergovernmental Agreement
Surplus Property Disposal Services
Page 6
Invalidate or render unenforceable any other provision. If any term or
provision of this Agreement is declared by a court or tribunal or competent
jurisdiction to be illegal or in conflict with any law, the validity of the
remaining terms and provisions shall be construed and enforced as if the
Agreement did not contain the particular term or provision held to be
invalid.
13. ATTORNEY FEES.
In the event a lawsuit of any kind is instituted on behalf of either party to
collect any payment due under this Agreement or to obtain performance of
any kind under this Agreement, each parry shall be responsible for its own
attorney fees and all related costs and disbursements incurred therein.
14. MERGE
THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT
BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION
OR CHANGE OF TERMS OR PROVISIONS OF THIS AGREEMENT
SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED
BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR
CHANGE, IF MADE SHALL BE EFFEVTIVE ONLY IN THE SPECIFIC
PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS,
AGREEMENTS OR REPRESENTATIONS, ORAL OR WRITTEN, NOT
SPECIFIED HEREIN REGARDING THIS AGREEMENT.
VA
FROM SALEM STATE SURPLUS (WED) 1.21'04 15:01/ST.14:58/NO.4862603264 P 8
Oregon Department of Administrative Services
Intergovernmental Agreement
Surplus Property Disposal Services
Page 7
15. SIGNATURES,
Each party, by the signature below of its authorized representative, hereby
acknowledges that it has read this Agreement, understands it, and agrees to
be bound by its terms and conditions. Each person signing this Agreement
represents and warrants to have authority to execute this Agreement.
(name — please print)
(title)
(signature)
(date)
(name — please print)
(title)
(signature)
(date)
Agency contact person: Phone
(na e — please pt nt)
IGA
Cf
State Surplus Manager
Date