HomeMy WebLinkAboutCouncil Resolution 1530 RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO SIGN
THE SOUTHERN OREGON COOPERATIVE INTERGOVERNMENTAL AGREEMENT FOR
EQUIPMENT AND SERVICES
Recitals:
A The City is authorized to enter into agreements with units of local government or other
governmental bodies for the performance of any or all of its functions or activities that a party
to the agreement, its officers, or agents have the authority to perform under ORS 190.110 et.
seq.
B The cooperative is a tool to enable participating local governmental agencies to assist one
another in the efficient, and cost effective provision of equipment and services for roads, parks
and public works.
C The Council finds it is in the City's best interest to become a participant in this
intergovernmental agreement for equipment and services.
The City of Central Point resolves as follows:
Section 1. The Southern Oregon Cooperative Intergovernmental Agreement for Equipment and
Services, attached hereto as Exhibit "A" incorporated herein by reference, is hereby adopted by the City
Council and approved for signature by the City Manager and City Attorney.
Passed by the Council and signed by me in authentication of its passage this t'day of
February, 2018.
Mayor Hank Williams
ATTEST (
i
sir
City Recorder
Res.No. I , February gt'>O18 Page 1
SOU FHERN OREGON COOPERA FIVE
INI ERGOVERNMENTAL AGREEMENT FOR EQUIPMENT AND SERVICES
This AGREEMENT is made between the SIUNLD PARI IES pursuant to the authority provided by ORS Chapter 190 and
shall be referred as the SOC-IGA(Southern Oregon Cooperative Intergovernmental Agreement)
WHEREAS:
I Each PARIA owns certain equipment and materials, and provides senores that may he useful to another PART} for
Roads Parks/Public Works,construction,operations, maintenance and'elated activities,and
2 The PAR IIFS agree that shanng equipment, materials. and services promotes the cost-effective and efficient use of
public resources,and
3 The PARI IFS desire to enter into an AGREEMENT to establish procedures tor sharing equipment. materials and
services, and defining legal relationships and responsibilities Therefore, in consideration of the mutual covenants
herein, it is
AGREED:
I. The PARILLS shall make available to each other vehicles, equipment, machinery, materials, related items andor
services in the manner and on the terms and conditions provided herein The PAR IN supplying the services or the
vehicles, machinery and equipment shall be designated as the "PROVIDER" herein the PARI v receiving the sen ices
or assuming the use of vehicles.machinery or equipment shall be designated as the "USER"herein.
2. An estimate for specific services will he supplied by the PROVIDER at the request of the USER. Service PROVIDERS
shall maintain an accurate cost accounting system, track expenditures and pros ide monthly billing to USER
PRO\IDE R's invoices will he paid by USERS in full within thirty(30)days of billing,
3 Senices, equipment or materials 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 shall he returned immediately at PROVIDER'S request
4 The Usi R receiving the equipment shall take proper precaution in its operation.storage and maintenance Equipment
shall be used only for its intended purpose. The USER shall permit the equipment to be used only by properly trained.
properly licensed, and supervised operators The USER shall be responsible for equipment repairs necessitated by
misuse or negligent operation and for the maintenance and'or replacement of high wear Items(i e, milling machine
teeth.etc ) 1 he LISLR shall nut be responsible for scheduled preventive maintenance IP M )unless equipment 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 I i c , fluid checks,lubricating,etc )during the period in which the equipment is in USER'S possession.
5 PROVIDER shall endeavor to provide equipment in good working order and to inform L SER of any information
reasonably necessary for the proper operation of the equipment The equipment is provided "as is", with no
representation or warranties as to its condition of its fitness for a particular purpose USER shall be solely responsible
for selecting the proper equipment for its needs and inspecting equipment prior to use It is acknowledged by the
PARIISS that the PROVIDER is not in the business of selling, leasing, tenting or otherwise pronding equipment to
others and that the PARTIrS are acting only foi their mutual convenience and efficiency
page I oft of the NA -ROA pxhkl
6. The PARIILS shall provide equipment or materials storage to each other, at no charge, upon request when mutually
corn ement. It is recognized that such storage is tor the benefit of the PART\ requesting it [he PAR PE storing the
equipment or materials shall he responsible for pros'ding a reasonably safe and secure area and not responsible nor
liable for theft or damage
7 The PRu\IDFR may require, in its sole discretion that only PROvinbn's personnel operate equipment In so doing.
PROVED!R shall be deemed an independent contractor and PROVIDE R'S employees shall not he deemed employees of
l SFR The PROVIDER'S operator shall perform under the general direction and control of the USER,but shall retain
full control user the planner and means of using the equipment
8 For the purposes of this AGREEMENT, the PAR Ilrs are independent contractors Nothing herein shall alter the
employment status of any workers pros!ding services under this AGREEMENT Such workers shall at all times
continue to he subject to all standards of performance, dlsaphnaty rules and other terms and conditions of their
employer. Nu brbLR shall he responsible for the direct payment of any salaries, wages, compensation or benefits for
PROUDER S workers performing services to USERS under this AGRELNII N f
9 Each PARI\ shall be solely responsible for its own acts and those of its employees and officers under this
AGREESILN I No PAR IA shall he responsible or liable for consequential damages to another PARTY arising out of
prcn'ding or using equipment or sera ices under this AGREEMENT. Po'mobs requiring that their personnel
operate equipment shall, within limits of the Oregon Constitution and the Oregon I ort Claims Act, hold harmless.
indemnify and defend the LSER. its officer, agents and employees from all claims arising solely by reason of any
negligent act by persons designated by PROVIDER to operate equipment. Notwithstanding the above, the USER shall
bear sole responsibility fat 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 shall adequately insure the equipment or provide self-insurance cosetage
10 Any PAR I may terminate as participation by providing thirty 130) days written notice to the other PAR I IFS Any
amounts due and owing by a terminating PARI v shall he paid within thin 1301 days of termination
I I Nothing herein shall be deemed to restrict authority of any of the PARIIES to enter into separate AGRLLNILNTS
governing the terms and conditions for pros'ding equipment or services on terms different than specified herein
12 \try ORRdID PUBLIC EN II II may become a P.Axt1 to this AGREENILN I Each PAR I Y in accordance with the
applicable procedures of that P.\RIT shall appro\e this AGREEMFNT Flus AGREEMENT will be executed
separately by each PARTY and shall he effective as to each PARD and binding among all the PARTIES that hale
signed this AGREEMENT on the date of execution and sending a copy of the signed AGREEMENT to Jackson
County Roads& Parks which is overseeing the administration of the SOC-IGA
13 This AGREEMENT may be amended by wntten amendment signed by all of the PARTIES
.nJ o/the IUkth,tlt,\I nil r ran r -
page 2E/4 Ti th. sr u--hl I rich./
SOC AGREEMENT SIGNATURE PAGE
IN THE WITNESS WHEREOF,the PUBLIC En I ns Ce.c.4 \_7\-.? 6t,f.� 1 PART\)
has caused this AGRLLh1EN'f to he executed hs its duly authorized representatives as the date of their signatures
helots
17Q• C i/C7) CID. ?- /6 C'
Signature of Officer' Date J Officer's title
Signature of Officer Date Officer's title
2- FIX- CJ A.1 /11'-}cirnev,
-Signature of Counsel Date Counsel's title
Name and title of
the Contact
Representato e.
Address.
Phone. Fax
E-mail
I. Send the original SOC AGREEMENT Signature Page(this page) for distribution to'
Sherry Bonham, SOC-IGA Administrator
Jackson County Roads, 200 Antelope Road, White City,Oregon 97503
Telephone 541 774.6204
e-mail bonhamshmrackson..nuntt ore
Retain a copy of for your records or sign 2 originals as needed by you
page 3 ot4 of the SOL-lu I pu,ktt
INS"IRUC LIONS FOR CHE SOC-IGA FOR EQUIPMENT AND SERVICES
Elie following is directed to officials of local governments that may want to participate in the accompanying Roads&Parks
IN FLRGOVEILNMEN[AL AGREEMENT(ICA)FOR EOL IPMENT oil)SERV IC 15)AGREEMENT]
I There are tour pages to the SOC-IG A
• The SOC-IG A narrative—pages 1-2
• SOC AGREEMENT Signature Page—page 3
• SOC Instructions(this page)—page 4
2 The purpose of the SOC-IGA is for to exchange Roads;ParkvPubhc Works equipment and services between
OREGON Pt[RI I( ENTITIES
3 All PARTIES,who sign the AGREEMENT,must honor the AGREENIEN1 entirely
4 Jackson County Roads has agreed to oversee administration of the SOC-IGA. The SOC-IGA Administrator will
notify all the Contract Representatives for all PARTIES The SOC-IGA Administrator will not be involved between
any disputes of the SOC-IGA PAR 141ES, nor would Jackson County or its employees be liable for any damages
sought between any two other PARTIES
5 Each new PARI\ shall execute the SOC AGREEMENT SIGNAL IRE PnGF. One original shall be filed with the
SOC-IG A administrator for approval and distribution
6 Each P\RI Y will obtain a mailing list of the current AGREEMENT holders from the SOC-IGA Administrdtor
7 After the signature and approval process is completed, any PAR I\ may directly approach any other P klnn for
exchange of services. There is no need to coordinate requests amongst PARTIES
8 It is important to note paragraph 4 page I) the PRoVIULR retains the right to refuse a request'
9 Questions may he addressed to
Sherry Bonham SO('-IGA Administrator
Jackson Counts Roads.200 Antelope Road,White City,Oregon 97503
Ielephone' 541 774 6204 e-mail hmham.Itr 61.kxm.punti ae
fie enC IC\do.
page 4 aN al die SOC-/u I pa.Aet