HomeMy WebLinkAboutIGA - City of Redmond Road MaintenanceDeschutes 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 25, 2009
Please see directions for completing this document on the next page.
DATE: March 17, 2009
FROM: Roger Olson Road Department 322 -7120
TITLE OF AGENDA ITEM:
Consideration of Signature of Document No. 2009 -153 and Document No. 2009 -154,
Intergovernmental Agreements with the City of Redmond and Jefferson County regarding road
maintenance services.
PUBLIC HEARING ON THIS DATE? NO
BACKGROUND AND POLICY IMPLICATIONS:
The Road Department and these agencies often work together, share resources, or otherwise hell' each
other accomplish agency goals. These are streamlined, long -term agreements to make that collal ()ration
easier.
FISCAL IMPLICATIONS:
There are no fiscal implications. All expenditures are reimbursable.
RECOMMENDATION & ACTION REQUESTED:
The Road Department recommends signature of each of the agreements.
ATTENDANCE: Roger Olson, Operations Manager
DISTRIBUTION OF DOCUMENTS:
Please return documents to Wanda at the Road Department for distribution.
DESCHUTES COUNTY DOCUMENT SUMMARY
(NOTE: This form 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 Form is also required. If this form 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 form
electronically to the Board Secretary.)
Date:
March 17, 2009
Please complete all sections above the Official Review line.
Contractor /Supplier /Consultant Name:
Contractor Contact:
Department:
N /Al
Road
Contractor Phone #:
Type of Document: IGA. 2 agreements 1 each with City of Redmond and Jefferson
County
Goods and /or Services: Goods and Services
Background & History: These are streamlined agreements to share resources to
accomlish agency goals.
Agreement Starting Date:
ApriI1, 2009
Annual Value or Total Payment:
Ending Date:
June 2020
Variable. The agreement is for reimbursable costs.
❑ Insurance Certificate Received check box)
Insurance Expiration Date: Received
Check all that apply:
❑ RFP, Solicitation or Bid Process
❑ Informal quotes ( <$150K)
® Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37)
Funding Source: (Included in current budget? ® Yes ❑ No
If No, has budget amendment been submitted? ❑ Yes ❑ No
Is this a Grant Agreement providing revenue to the County? ❑ Yes ® No
Special conditions attached to this grant:
Deadlines for reporting to the grantor:
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: ❑ Yes ❑ No
Contact information for the person responsible for grant compliance: Name:
3/17/2009
Phone #:
Departmental Contact and Title: Roger Olson, Operations Manager
Phone #: 322 -7120
Department Director Approval:
:2//-2/09
Signature Date
Distribution of Document: Return signed documents to Road Deparment for
distribution.
Official Review:
County Signature Required (check one): ❑ BOCC ❑ Department Director (if <$25K)
❑ Administrator (if >$25K but <$150K; if >$150K, BOCC Order No.
Legal Review Date
Document Number
)
3/17/2009
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 REDMOND, a political subdivision of the State of Oregon, hereinafter referred to
as "Redmond ".
RECITALS
1. By the authority granted in ORS 190.010, a unit of local government may enter inro
a written agreement with any other unit or units of local government for the performance of
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 Redmond 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 sooner
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 persor .
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 up
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 five
(5) working days in the form of a work order.
Page 1 of 5 — IGA Flexible Maintenance Service, Deschutes County and the City of Redmond
REIMBURSEMENT
1. Deschutes shall track and compile all costs incurred while performing road
maintenance service on Redmond City 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 Redmond informed of incurred costs.
2. Redmond shall tract and compile all costs incurred while performing road
maintenance service on Deschutes County roads. Redmond costs for equipment and
service shall be based on rates used for its internal financial management of personnel,
materials and equipment. Redmond shall keep Deschutes informed of incurred costs.
3. Periodically, but not less than once per fiscal year, the parties shall compare costa
for uniformity. In the event there is a balance due to one of the parties, Redmond, 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 Redmond employees who are assigned to
assist Deschutes and Redmond shall assign discrete tasks to Deschutes employees who
are assigned to assist Redmond; but such assignment shall extend only to shared work
assignments. However, in no event shall Deschutes employees be considered Redmond
employees and in no event shall Redmond 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 of
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 the City of Redmond
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 o`
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 dues
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 loss 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 10
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 Redmond. Redmond will provide the inspection books that are
located in each piece of equipment.
7. Redmond will complete equipment inspection forms at the start of each shift when
using 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 the City of Redmond
GENERAL PROVISIONS
1. Deschutes and Redmond 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 -wa,
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, and
retirement plan contributions. Nothing in this Agreement is intended or shall be construed
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 this
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 Eet
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 Apt
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 the
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 the City of Redmond
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. Redmond 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 Redmond 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 Redmond
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 the
day and year hereinafter written.
REVIEWED FOR CITY OF REDMOND CITY OF REDMOND, a political
subdivision of the State of Oregon
By: � By:
qty Counsel
Date: By:
By:
REVIEWED FOR DESCHUTES COUNTY DESCHUTES COUNTY, a political
subdivision of the State of Oregon
By: By:
County Counsel Tammy Baney, Chair
Date: By:
Dennis R. Luke, Vice Chair
By:
Alan Unger, Commissioner
Page 5 of 5 — IGA Flexible Maintenance Service, Deschutes County and the City of Redmond