HomeMy WebLinkAboutDoc 155 - IGA - Road Maint - City of BendDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of March 17, 2010
Please see directions for completing this document on the next page.
DATE: February 25, 2010
FROM: Roger Olson. Road Department Phone #322-7120
TITLE OF AGENDA ITEM:
Consideration of Signature of Document #DC -2010-155 an Intergovernmental Agreement with the City
of Bend for Flexible Maintenance Services regarding Road Maintenance and Use of Equipment.
PUBLIC HEARING ON THIS DATE? NO
BACKGROUND AND POLICY IMPLICATIONS:
The City of Bend and Deschutes County desire to enter into an Intergovernmental Agreement (IGA) for
the sharing of road maintenance services and equipment. The proposed IGA will formalize the sharing
of these services that has taken place for years through either unwritten or very specific agreements
For example, the County has entered into agreements specifically for chip seal work, and without a iy
agreement in place, each agency covers for the other regarding winter maintenance on those roads 1. hat
both entities use, such as OB Riley, Brookswood, and Knott Road.
Paint striping, crack sealing, legend marking and sweeping are examples of activities that both agencies
perform, and both can benefit by sharing materials, equipment and expertise. The language of the IGA
is the same or very similar to agreements already in place with Jefferson County, Crook County, and
the City of Redmond.
Some recent examples: The County road crews have done about $250,000 worth of chip seal for the
City of Bend each of the past three years. Chip seal equipment is expensive and is used for just a fe w
months during the year. The work the County does for the City takes about one week, and is sched zled
along with the County's normal work, which saves the City from having to invest in equipment.
Both the City and County operate paint striping equipment and do legend marking. The County
purchases the glass beads used for reflectivity, and the City then buys what they need from the Coutity.
The City buys thermoplastic tape for crosswalks, etc., and the County buys what is needed from them.
This saves both agencies storage and administrative costs. Both are also able to loan each other pant
when a shipment is delayed.
FISCAL IMPLICATIONS:
All sevices that would occur under the agreement would be paid for by the appropriate agency, and
allowances are included in the Road Department's budget.
RECOMMENDATION & ACTION REQUESTED:
Recommend Signature of Document #DC -2010-155, an Intergovernmental Agreement with the City of
Bend for flexible maintenance services.
ATTENDANCE: Roger Olson, Road Department
DISTRIBUTION OF DOCUMENTS:
One original to:
The City of Bend
P.O. BOX 431
Bend, OR, 97709
Copy to Wanda, Road Department
710 WALL STREET
P.O. BOX 431
BEND, OR 97709
[541] 388-5505 TEL
[541] 388-5519 FAX
www.ci.bend.or.us
KATHIE ECKMAN
Mayor
MARK CAPELL
Mayor Pro Tem
JIM CLINTON
City Councilor
JODIE BARRAM
City Councilor
JEFF EAGER
City Councilor
TOM GREENE
City Councilor
February 10, 2010
Bonnie Baker
Deschutes County Commissioners' Office
1300 NW WaII
Bend, OR 97701
Dear Bonnie:
Enclosed please find two original copies of the Intergovernmental
Agreement between the City of Bend and Deschutes County for Flexible
Maintenance Service.
The Agreement has been signed by the City Manager and Legal Counsel for
the City. Once it is signed by the County Counsel and Commissioners,
please return one of the originals to my attention.
Thank you,
ORAN TEATER ' .
City Council0[.---' ',„, 1"----
Kim
^'`Kim Meyers
Administrative Assistant to the City Manager
ERIC KING /encl
City Manager
SONIA ANDREWS
Finance Director
SANDRA L BAXTER
Police Chief
LARRY HUHN
Fire Chief
PATRICIA STELL
City Recorder
FEB 1 2 2010 `(..J
1
BOARD OF COMMISSIONE S
ADMINISTRATION
INTERGOVERNMENTAL AGREEMENT
FLEXIBLE MAINTENANCE SERVICE
This agreement is made and entered into by and between DESCHUTES COUNTY, a
political subdivision of the State of Oregon, hereinafter referred to as "Deschutes," and
CITY OF BEND, a political subdivision of the State of Oregon, hereinafter referred to as
"Bend".
RECITALS
1. By the authority granted in ORS 190.010, a unit of local government may enter int: 3
a written agreement with any other unit or units of local government for the performance A
any or all functions and activities that are party to the agreement, its officers or agencies,
have the authority to perform.
2. Pursuant to said authority, Deschutes and Bend find it beneficial to both counties
and wish to share road maintenance responsibilities, equipment and service, including, but
not limited to, vegetation control, surface repair, traffic services, winter maintenance
activities, clean up and repair of damage caused by storms, fire, floods, or other disaster
and any activities referred to as maintenance service.
Now, therefore, the premises being in general as stated in the foregoing recitals, it is
agreed by and between the parties hereto as follows:
TERM OF AGREEMENT
This agreement shall take effect upon execution by the parties and, unless soone •
terminated as stated below, shall continue indefinitely.
TERMINATION
This agreement may be terminated by mutual written consent of the parties or by
either party upon thirty (30) days notice, in writing, delivered by certified mail or in person.
Termination of this agreement shall not affect any obligations or liabilities accrued prior to
termination. Upon termination, costs shall be tallied and any balance owed to either party
shall be paid in a mutually agreed upon method.
SCOPE OF WORK
Work to be performed under this agreement shall include, but not be limited to,
vegetation control, surface repair, traffic services, winter maintenance activities, clean ur
and repair of damage caused by storms, fire, floods, or other disaster, and any activities
referred to as maintenance service.
REQUESTS FOR MAINTENANCE SERVICE
Maintenance service requests shall be made by telephone, written or electronic
correspondence, or radio. Oral requests shall be followed by a written request within fivo�
(5) working days in the form of a work order.
Page 1 of 5 — IGA Flexible Maintenance Service, Deschutes County and City of Bend
DC -2Q10-155
REIMBURSEMENT
1. Deschutes shall track and compile all costs incurred while performing road
maintenance service on Bend Streets. Deschutes' costs for equipment and service shall
be based on rates used for its internal financial management of personnel, materials and
equipment. Deschutes shall keep Bend informed of incurred costs.
2. Bend shall track and compile all costs incurred while performing road maintenance
service on Deschutes County roads. Bend costs for equipment and service shall be
based on rates used for its internal financial management of personnel, materials and
equipment. Bend shall keep Deschutes informed of incurred costs.
3. Periodically, but not Tess than once per fiscal year, the parties shall compare cost
for uniformity. In the event there is a balance due to one of the parties, Bend, and
Deschutes may exchange road maintenance service or funds as needed to balance the
incurred costs by the end of each fiscal year.
ASSIGNMENT OF PERSONNEL
Deschutes shall assign discrete tasks to Bend employees who are assigned to
assist Deschutes and Bend shall assign discrete tasks to Deschutes employees who are
assigned to assist Bend; but such assignment shall extend only to shared work
assignments. However, in no event shall Deschutes employees be considered Bend
employees and in no event shall Bend be considered Deschutes employees for any
purpose. Each party retains the right to direct and control the manner in which that party
delivers services under this Agreement and the right to direct and control the activities o"
its employees when providing services under this Agreement.
EQUIPMENT AND SERVICE
1. Each party shall make available to the other party vehicles, equipment, machinery,
employees, and related items and service in the manner and on the terms and conditions
provided herein.
2. Service and equipment shall be provided upon reasonable request at mutually
convenient times and locations. Each party retains the right to refuse to honor a request if
the equipment is needed for other purposes, if providing the equipment would unduly
inconvenience the party or if, for any reason, the party determines in good faith that it is
not in its best interest to provide a particular item or service at the requested time. The
party providing the equipment shall determine whether an operator will be provided with
the equipment.
Page 2 of 5 — IGA Flexible Maintenance Service, Deschutes County and City of Bend
3. The party receiving the equipment shall take proper care in the operation, storage
and maintenance of the equipment. Equipment shall be used only for its intended
purpose. The party using the equipment shall only permit the equipment to be used by
properly trained, licensed and supervised operations and shall be responsible for
equipment repairs, loss or destruction resulting from any misuse or negligent operation of
the equipment. The party using the equipment shall perform and document required
maintenance checks prior to and after use and shall provide routine daily maintenance of
equipment during the period for which the equipment is in the party's possession. The
party using the equipment shall notify the party owning the equipment if equipment is du(
for preventative maintenance while in possession of the requesting party; however, the
party using the equipment will not perform scheduled preventative maintenance unless
requested by the equipment owner. If the party using the equipment performs
preventative maintenance, that party shall record mileage/hours when service was
performed and shall provide a copy of such record to the owner of the equipment. All
equipment and unused materials or supplies provided by a Party, upon return to the
providing Party, shall be returned in the same condition as originally provided, reasonable
wear and tear excepted.
4. The parties shall provide equipment storage space to each other, at no charge,
when requested and mutually convenient. It is recognized that such storage is for the
benefit of the party requesting storage. The party storing the equipment shall be
responsible only for providing a reasonably safe and secure area for equipment storage,
and shall not be liable to the other party for any Toss or damage to any shared equipment.
5. The parties shall endeavor to provide equipment in good working order and to
inform the party using the equipment of any information or instructions reasonably
necessary for the proper operation and care of the equipment. Equipment is provided "as
is" with no representations or warranties as to its fitness for a particular purpose. The
party using the equipment shall be solely responsible for selecting the proper equipment
for its needs and for inspecting the equipment prior to use. The parties acknowledge that
they are not in the business of selling, leasing, renting or otherwise providing equipment to
others and that the parties are acting only for their mutual convenience and efficiency.
6. Deschutes will complete equipment inspection forms at the start of each shift when
using equipment owned by Bend. Bend will provide the inspection books that are locate i
in each piece of equipment.
7. Bend will complete equipment inspection forms at the start of each shift when us ng
equipment owned by Deschutes. Deschutes will provide the inspection books that are
located in each piece of equipment.
8. Fuel for vehicles and equipment shall be provided by the party using the equipment
during the period in which the equipment or vehicle is in the party's possession.
9. Each party is responsible for providing and maintaining current insurance policies
on their respective equipment.
Page 3 of 5 — IGA Flexible Maintenance Service, Deschutes County and City of Bend
GENERAL PROVISIONS
1. Deschutes and Bend are subject employers under the Oregon Worker's
Compensation law and shall comply with ORS 656.017, which requires worker's
compensation insurance for their subject employees.
2. Each party hereby grants authorization to the other party to enter into right-of-way
under control of the agency, for the purposes of performing the maintenance services
under this Agreement.
3. Each county shall be responsible exclusively with respect to their employees for
providing equipment, related benefits and deductions required by law, including, but not
limited to, federal and state income tax deductions, worker's compensation coverage, an,I
retirement plan contributions. Nothing in this Agreement is intended or shall be construeoi
to create the relationship of employer and employee between the parties.
4. Neither party shall enter into subcontracts for any of the work scheduled under thins
Agreement without obtaining prior written approval from the other party.
5. The parties shall comply with all federal, state and local laws, regulations,
executive orders and ordinances applicable to the service provided pursuant to this
Agreement.
6. This Agreement is expressly subject to the debt limitation of Oregon counties as :,et
forth in Article XI, Section 10, of the Oregon Constitution, and is contingent upon funds
being appropriated therefore. In the event sufficient funds are not appropriated for the
payment of consideration required to be paid under this Agreement, and if either party
does not have funds legally available for consideration from other sources, then either
party may terminate this Agreement in accordance with the termination provision of this
Agreement.
7. Each party agrees that no person shall, on the grounds of race, color, sex, age,
national origin, marital status, religion, political affiliation, or physical or mental disability (if
reasonable accommodation can be made for any such disability), or on the ground of an
other classification protected by Federal or Oregon law, suffer discrimination in the
performance of this agreement when employed by either party. Each party agrees to
comply with Title VI of the Civil Rights Act of 1964, with Section V of the Rehabilitation A 3t
of 1973, and with all applicable requirements of federal and state civil rights and
rehabilitation statues, rules and regulations. Additionally, each party shall comply with tl�e
Americans with Disabilities Act of 1990 (Pub. L. No. 101-336, as amended, ORS
659A.142, and all regulations and administrative rules established pursuant to those laws.
8. Neither party is, by virtue of this agreement, a partner nor joint venturer with the
other party in connection with activities carried out under this agreement, and shall have
no obligation with respect to any debts or any other liabilities of the other party.
Page 4 of 5 — IGA Flexible Maintenance Service, Deschutes County and City of Bend
9. To the extend permitted by the Oregon Constitution and subject to the limitations of
the Oregon Tort Claims Act, each Party shall be solely responsible for any and all loss,
damage, injury or death caused to any and all property or persons arising from the acts or
omissions of that Party's officers, employees or agents in the performance of this
Agreement. Bend shall defend, indemnify and save harmless Deschutes from and against
any and all claims, demands, actions, causes of action and/or lawsuits arising from the
torts, as the term "tort" is defined in ORS 30.260(8), of Bend officers, employees and/or
agents arising out of or in any way related to the provision of services under this
Agreement. Deschutes shall defend, indemnify and save harmless Bend from and against
any and all claims, demands, actions, causes of action and/or lawsuits arising from the
torts, as the term "tort" is defined in ORS 30.260(8), or Deschutes' officers, employees
and/or agents arising out of or in any way related to the provision of services under this
Agreement.
10. This Agreement constitutes the entire agreement between the parties concerning
the subject matter of this Agreement and supersedes any and all prior or
contemporaneous negotiations or agreements among the parties, if any, whether written
or oral, concerning the subject matter of this Agreement which are not fully expressed
herein. This Agreement may not be modified or amended except by a writing signed by
both parties.
IN WITNESS WHEREOF, the parties have set their hands and affixed their seals as of t:le
day and year hereinafter written.
REVIEWED FOR CITY OF BEND CITY OF BEND, a political
subdivision of the State of Oregon
By:
/ 55/5r � ity Attorney
Date: -. ,/' //Q
By:
Date: 274/16
Manager
REVIEWED FOR DESCHUTES COUNTY DESCHUTES COUNTY, a political
subdivision of the State of Oregon
By: By:
County Counsel Dennis R. Luke, Chair
Date: By:
Alan Unger, Vice Chair
By:
Tammy Baney, Commissioner
Page 5 of 5 — IGA Flexible Maintenance Service, Deschutes County and City of Bend