HomeMy WebLinkAboutDoc 141 - Agency Coop Agrmt - RoadDeschutes County Board of Commissioners
1300 NW Wall Street, Suite 200, Bend OR 97701-1960
541.388.6570 -Fax 541.385.3202 -www.deschutes.org
AGENDA REQUEST AND STAFF REPORT
For Board Business Meeting of: March 17,2014
DATE: March 6, 2014
FROM: Chris Doty, PE Road Department Phone: 541.322.7105
TITLE OF AGENDA ITEM:
Consideration of Chair Signature of Document No. 2014-141, the MORE lOA (Managing
Oregon Resources Efficiently Intergovernmental Agreement).
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
In the fall of 2012, Deschutes County initiated and approved the Central Oregon Public Works
Partnership lOA. The lOA, focused on tri-county agency equipment and resource sharing, was
modeled after the larger, statewide MORE lOA (formerly PMAT lOA) administered by Marion
County. A statement within the Central Oregon Public Works Partnership lOA encourages local
agency participation in the larger MORE lOA to expand and support partnership and resource
sharing at a larger scale.
In addition to Road Department participation and benefit, the Solid Waste Department will also
be able to share resources and most likely will be the first County department to do so via use of
a specialty piece of equipment from Marion County.
FISCAL IMPLICATIONS:
Through sharing of resources, including equipment, materials, and personnel, the lOA seeks to
provide its members with the ability to reduce capital equipment purchases, extend equipment
replacement intervals, reduce redundant purchasing of critical spares, obtain efficiency through
bulk material purchasing, participate in training opportunities, and collectively learn from the
successes and failures of agency peers. While difficult to project efficiency and savings at the
onset of such a venture, it is collectively agreed that savings and efficiency will occur at various
levels.
RECOMMENDATION AND ACTION REQUESTED:
Approval, with suggested motion: "I move to authorize signature of the MORE
Intergovernmental Agreement."
ATTENDANCE: Chris Doty
DISTRIBUTION OF DOCUMENTS: Board Secretary
DESCHUTES COUNTY DOCUMENT SUMMARY
(NOTE: This fonn is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be
on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board
agenda, the Agenda Request Fonn is also required. If this fonn is not included with the document, the document will be returned to
the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to legal Counsel, the
County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this fonn
electronically to the Board Secretary.)
Please complete all sections above the Official Review line.
Date: ~3/06/1~ Department: \Roadl
Contractor/Supplier/Consultant Name: MORE IG
Contractor Contact: 0 Don Newell, Marion Co. Contractor Phone
#: !503.365.312ij
Type of Document: Document #2014-141 -Intergovernmental Agreement
Goods and/or Services: Intergovernmental Agreement with various Oregon agencies
pertaining to equipment and resource sharing.
Background & History: Through sharing of resources, including equipment,
materials, and personnel, the IGA seeks to provide its members with the ability to
reduce capital equipment purchases, extend equipment replacement intervals, reduce
redundant purchasing of critical spares, obtain efficiency through bulk material
purchasing, participate in training opportunities, and collectively learn from the
successes and failures of agency peers.
Agreement Starting Date: 1()3/17/1~ Ending Date: \ L-_--'
Annual Value or Total Payment: I'--_..... If
o Insurance Certificate ReCeiied (CleCk box)
Insurance Expiration Date:
Check all that apply: o RFP, Solicitation or Bid Process o Informal quotes «$150K)
[3J Exempt from RFP, Solicitation or Bid Process (specify -see DCC §2.37) ,
I
Funding Source: (Included in current budget? [3J Yes o No
If No, has budget amendment been submitted? 0 Yes o No IIs this a Grant Agreement providing revenue to the County? 0 Yes [3J No I;
!
Special conditions attached to this grant:
t
Deadlines for reporting to the grantor: i
3/612014 i I
I
I
If a new FTE will be hired with grant funds, confirm that Personnel has been notified that
it is a grant-funded position so that this will be noted in the offer letter: DYes D No
Contact information for the person responsible for grant compliance: Name:
Phone#:
Departmental Contact and Title: Chris Doty. Director,
Phone #: ~710§
I
,
Department Director Approval: ___________
Signature Date
Distribution of Document: Chris Doty, Road Department (x71 05) I
I
Official Review: I
ICounty Signature Required (check one): D BOCC D Department Director (if <$25K) f
D Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. _____, I
~
Legal Review Date
Document Number _____________ Ii
3/6/2014
File name: MORE-IGA - 05-Mar-2013 page 1 of 4 of the MORE-IGA packet
MANAGING OREGON RESOURCES EFFICIENTLY {MORE}
INTERGOVERNMENTAL AGREEMENT for resources and services
This Agreement is made between the SIGNED PARTIES pursuant to the authority provided by ORS Chapter 190 and shall be
referred as the MORE-IGA {Managing Oregon Resources Efficiently Intergovernmental Agreement} (“AGREEMENT”).
WHEREAS:
1. Each PARTY owns certain equipment and materials, and provides services that may be useful to another PARTY for
public works, municipal, transportation, engineering, construction, operations, maintenance, service districts, emergency
management and related activities; and
2. The PARTIES agree that sharing equipment, materials, and services promotes the cost-effective and efficient use of public
resources; and
3. The PARTIES desire to enter into this AGREEMENT to establish procedures for sharing equipment, materials, resources,
and services, and defining legal relationships and responsibilities. Therefore, in consideration of the mutual covenants
herein, it is
AGREED:
1. The PARTIES shall make available to each other vehicles, equipment, machinery, materials, related items (“EQUIPMENT
OR MATERIALS”) and/or services in the manner and on the terms and conditions provided herein. The PARTY supplying
the services or the EQUIPMENT OR MATERIALS shall be designated as the "PROVIDER" herein. The PARTY receiving the
services or assuming the use of EQUIPMENT OR MATERIALS shall be designated as the "USER" herein.
2. A cost estimate for specific services will be supplied by the PROVIDER at the request of the USER. Service PROVIDERS
shall maintain an accurate cost accounting system, track expenditures and provide monthly billing to USER. Unless other
arrangements are agreed upon by the PARTIES, PROVIDER'S invoices will be paid by USERS in full within thirty (30) days
of billing.
3. EQUIPMENT OR MATERIALS and/or services shall be provided upon reasonable request at mutually convenient times and
locations. The PROVIDER retains the right to refuse to honor a request if the EQUIPMENT OR MATERIALS are needed for
other purposes, if providing the EQUIPMENT OR MATERIALS would be unduly inconvenient, or if for any other reason, the
PROVIDER determines in good faith that it is not in its best interest to provide a particular item at the requested time.
EQUIPMENT OR MATERIALS shall be returned immediately at PROVIDER’S request.
4. The USER receiving the EQUIPMENT OR MATERIALS shall take proper precaution in its operation, storage and
maintenance. EQUIPMENT OR MATERIALS shall be used only for its intended purpose. The USER shall permit the
EQUIPMENT OR MATERIALS to be used only by properly trained, properly licensed, and supervised operators. The USER
shall be responsible for EQUIPMENT OR MATERIALS repairs necessitated by misuse or negligent operation and for the
maintenance and/or replacement of high wear items (i.e., milling machine teeth, etc.). The USER shall not be responsible
for scheduled preventive maintenance (P.M.) unless EQUIPMENT OR MATERIALS hours used exceeds the P.M. schedule
periods and has been agreed by the PROVIDER. The USER shall perform and document required written maintenance
checks prior to and after use and shall provide routine daily maintenance of EQUIPMENT OR MATERIALS (i.e., fluid
checks, lubricating, etc.) during the period in which the EQUIPMENT OR MATERIALS is in USER’S possession.
5. PROVIDER shall endeavor to provide EQUIPMENT OR MATERIALS in good working order and to inform USER of any
information reasonably necessary for the proper operation of the EQUIPMENT OR MATERIALS. The EQUIPMENT OR
MATERIALS are provided "as is", with no representation or warranties as to its condition or its fitness for a particular
purpose. USER shall be solely responsible for selecting the proper EQUIPMENT OR MATERIALS for its needs and
inspecting EQUIPMENT OR MATERIALS prior to use. It is acknowledged by the PARTIES that the PROVIDER is not in the
File name: MORE-IGA - 05-Mar-2013 page 2 of 4 of the MORE-IGA packet
business of selling, leasing, renting or otherwise providing EQUIPMENT OR MATERIALS to others, and that the PARTIES
are acting only for their mutual convenience and efficiency.
6. The PARTIES shall provide EQUIPMENT OR MATERIALS storage to each other, at no charge, upon request when mutually
convenient. It is recognized that such storage is for the benefit of the PARTY requesting it. The PARTY storing the
EQUIPMENT OR MATERIALS shall be responsible for providing a reasonably safe and secure area and not responsible nor
liable for theft or damage.
7. The PROVIDER may require, in its sole discretion, that only PROVIDER’S personnel operate EQUIPMENT OR MATERIALS.
In so doing, PROVIDER shall be deemed an independent contractor and PROVIDER'S employees shall not be deemed
employees of USER. The PROVIDER’S operator shall perform under the general direction and control of the USER, but
shall retain full control over the manner and means of using the EQUIPMENT OR MATERIALS.
8. For the purposes of this AGREEMENT, the PARTIES are independent contractors. Nothing herein shall alter the
employment status of any workers providing services under this AGREEMENT. Such workers shall at all times continue
to be subject to all standards of performance, disciplinary rules and other terms and conditions of their employer. No
USER shall be responsible for the direct payment of any salaries, wages, compensation or benefits for PROVIDER’S
workers performing services to USERS under this AGREEMENT.
9. Each PARTY shall be solely responsible for its own acts and those of its employees and officers under this AGREEMENT.
No PARTY shall be responsible or liable for consequential damages to another PARTY arising out of providing or using
EQUIPMENT OR MATERIALS or services under this AGREEMENT. PROVIDERS requiring that their personnel operate
EQUIPMENT OR MATERIALS shall, within limits of the Oregon Constitution and the Oregon Tort Claims Act, hold
harmless, indemnify and defend the USER, its officer, agents and employees from all claims arising solely by reason of
any negligent act by persons designated by PROVIDER to operate EQUIPMENT OR MATERIALS. Notwithstanding the
above, the USER shall bear sole responsibility for ensuring that it has the authority to request the work, for its designs and
for any representations made to the PROVIDER regarding site conditions or other aspects of the project. The PROVIDERS
of the EQUIPMENT OR MATERIALS shall adequately insure the EQUIPMENT OR MATERIALS or provide self-insurance
coverage.
10. Any PARTY may terminate its participation by providing thirty (30) days written notice to the other PARTIES. Any
amounts due and owing by a terminating PARTY shall be paid within thirty (30) days of termination.
11. Nothing herein shall be deemed to restrict authority of any of the PARTIES to enter into separate agreements governing
the terms and conditions for providing EQUIPMENT OR MATERIALS or services on terms different than specified herein.
12. Any OREGON PUBLIC ENTITY may become a PARTY to this AGREEMENT. Each PARTY in accordance with the
applicable procedures of that PARTY shall approve this AGREEMENT. This AGREEMENT will be executed separately by
each PARTY and shall be effective as to each PARTY and binding among all the PARTIES that have signed this
AGREEMENT on the date of execution and sending a copy of the signed AGREEMENT to the CONTRACT
ADMINISTRATOR. The current CONTRACT ADMINISTRATOR is:
Don Newell, Marion County Public Works, 5155 Silverton Road NE, Salem, Oregon 97305
Telephone: 503.365.3129, e-mail: DNewell@co.Marion.or.us
A new CONTRACT ADMINISTRATOR may be named at any time with the approval of a majority of the PARTIES.
13. This AGREEMENT may be amended by written amendment signed by all of the PARTIES.
- end of the AGREEMENT narrative -
Final MORE-IGA narrative revision date: March 5, 2013 (no changes or additions are allowed to the above)
File name: MORE-IGA - 05-Mar-2013 page 3 of 4 of the MORE-IGA packet
MORE-IGA SIGNATURE PAGE
(MANAGING OREGON RESOURCES EFFICIENTLY INTERGOVERNMENTAL AGREEMENT)
IN THE WITNESS WHEREOF, the PUBLIC ENTITY _________________________________________________ (PARTY) has
caused this AGREEMENT to be executed by its duly authorized representatives as the date of their signatures below:
Signature of Officer Date Officer’s title
Signature of Officer Date Officer’s title
Signature of Counsel Date Counsel’s title
Name & title of the
AGENCY’S IGA
OVERSEER:
Address:
Office Phone: Cell Phone:
E-mail:
Optional: Name &
title of Agency’s
2nd Contact:
Office Phone: Cell Phone:
E-mail:
1. Mail the original signed MORE-IGA SIGNATURE PAGE (this page – actual hard copy page) to:
Don Newell, CONTRACT ADMINISTRATOR for distribution to member agencies.
Marion County, 5155 Silverton Road NE, Salem, Oregon 97305 e-mail: DNewell@co.Marion.or.us
Telephone: 503.365.3129 MORE-IGA web site: http://www.MOREoregon.com
2. Retain a 2nd original signed MORE-IGA SIGNATURE PAGE for your records (a total of 2-sets are required).
3. Send additional agency staff contacts’ e-mail addresses to the above CONTRACT ADMINISTRATOR.
4. Copy other PARTIES’ MORE-IGA SIGNATURE PAGES for your agency’s records from the above MORE-IGA web site.
File name: MORE-IGA - 05-Mar-2013 page 4 of 4 of the MORE-IGA packet
INSTRUCTIONS FOR THE MORE-IGA
(MANAGING OREGON RESOURCES EFFICIENTLY INTERGOVERNMENTAL AGREEMENT)
“Doing MORE with less!”
The following is directed to officials of local and state governments that may want to participate in the accompanying MORE-IGA
[AGREEMENT]. There are four pages to the MORE-IGA:
The MORE-IGA narrative – pages 1-2
MORE-IGA SIGNATURE PAGE – page 3
INSTRUCTIONS FOR THE MORE-IGA (this page) – page 4
a. The purpose of the MORE-IGA is for to exchange EQUIPMENT OR MATERIALS or services between OREGON PUBLIC ENTITIES.
b. All PARTIES, who sign the AGREEMENT, must honor the AGREEMENT entirely.
c. Each PUBLIC ENTITIES shall identify an AGENCY’S IGA OVERSEER which will process, file and will receive and maintain IGA
documents.
d. Don Newell of Marion County has agreed to act as the CONTRACT ADMINISTRATOR. The CONTRACT ADMINISTRATOR will
notify all the AGENCY’S IGA OVERSEERS for all PARTIES. The CONTRACT ADMINISTRATOR will not resolve any disputes of
the AGREEMENT PARTIES, nor would Marion County or its employees be liable for any damages sought between any two
other PARTIES.
e. Each new PARTY shall execute the MORE-IGA SIGNATURE PAGE in two original sets: One shall be filed with the
CONTRACT ADMINISTRATOR for approval, filing and distribution, and the second for the PARTY entity’s records.
f. Each AGENCY’S IGA OVERSEER will receive digital copies of the MORE-IGA SIGNATURE PAGE from the web site:
http://www.MOREoregon.com for their records. The CONTRACT ADMINISTRATOR will directly inform the AGENCY’S IGA
OVERSEERS of new Agencies signers by e-mail.
g. After the signature and approval process is completed, any PARTY may directly approach any other PARTY for exchange of
equipment, materials, resources, and services. There is no need to coordinate requests amongst other PARTIES or with the
CONTRACT ADMINISTRATOR.
h. It is important to note paragraph 3 (page 1): “The PROVIDER retains the right to refuse to honor a request”.
i. The CONTRACT ADMINISTRATOR maintains two-e-mail lists: 1) Each PUBLIC ENTITIES’ AGENCY’S IGA OVERSEERS; 2) other
PUBLIC ENTITIES’ staff that want to be informed of MORE members’ news, announcements, and activities. MORE
members will schedule and host meetings 3-times a year to discuss joint issues.
j. An optional 2nd agency contact person can identify on the MORE-IGA SIGNATURE PAGE which will also receive direct
ongoing correspondence of MORE’s activities or of its members.
k. The IGA, list of PUBLIC ENTITIES with agencies’ contacts, digital file copies of MORE-IGA SIGNATURE PAGES, meeting
announcements, and members’ news are found on http://www.MOREoregon.com
Questions or concerns may be addressed to:
Don Newell, CONTRACT ADMINISTRATOR.
Marion County, 5155 Silverton Road NE, Salem, Oregon 97305
Telephone: 503.365.3129; e-mail: DNewell@co.Marion.or.us
History: An original joint agency IGA for shared services was originally signed by Multnomah County, the City of Gresham and
Oregon Department of Transportation in 1996. By the provision of a 1999 ADDENDUM, other parties agreed to sign the
agreement. The IGA was revised in July 2002 and was named PMAT-IGA (PORTLAND METROPOLITAN AREA TRANSPORTATION
CO-OPERATIVE INTERGOVERNMENTAL AGREEMENT) with 33-signing agencies. In February 2013 the MORE-IGA, with a more
statewide focus, was crafted in tandem to eventually replaced PMAT-IGA.
A second ODOT IGA (OMAT), which allows agencies work with ODOT, can be obtained by contacting:
Rita Gill, OMAT Administrator, Oregon Department of Transportation, Region 1-Contracts & Agreements Unit;
123 NW Flanders Street, Portland, OR 97209-4012;
Telephone: 503-731-8548; e-mail: Syreeta.Gill@ODOT.state.or.us