Cooperative Public Agencies Of Washington County ~ IG227003 ~ Equipment Services INTERGOVERNMENTAL AGREEMENT
FOR
EQUIPMENTAND SERVICES
Cooperative Public Agencies of Washington County
This Agreement is entered into by and between the undersigned public entities pursuant
to the authority provided by ORS Chapter 190.
WHEREAS.
1. Each party owns certain equipment and services which may be useful to another
party for public works construction, operations, maintenance, and related activities;
2. The parties agree that sharing equipment and services promotes the cost-effective
and efficient use of public resources; and
3. The parties desire to enter into an agreement to establish procedures for sharing
equipment 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, and
related items and services in the manner and on the terms and conditions provided
for herein.
2. Equipment 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 is needed for other purposes, if providing the equipment would be unduly
inconvenient, or if for any other reason the entity determines in good faith that it is
not in its best interest to provide a particular item at that time;
3. The entity receiving the equipment ("user") shall take due care in its operation,
storage, and maintenance. Equipment shall be used only for its intended purpose.
User shall permit the equipment to be used only by properly trained operators under
adequate supervision and shall be responsible for repairs necessitated by misuse or
negligent operation. User shall perform written maintenance checks prior to and
after use and shall provide routine daily maintenance of equipment during the period
in which the equipment is in user's possession. User shall not, however, be
responsible for scheduled maintenance (P.M.) or repairs.
Intergovernmental Agreement for Equipment and Services
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4. Provider shall endeavor to provide equipment in good working order and to inform
user of any information reasonably necessary for the proper operation of the
equipment. The equipment, however, is provided "as is", with no representations or
warranties as to 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 parties that the provider is not in the business of
selling, leasing, renting, or otherwise providing equipment and that the parties are
acting only for their mutual convenience and efficiency.
5. The parties shall provide equipment storage space 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 shall be
responsible only for providing a reasonably safe and secure area.
6. The provider may, in its sole discretion, require that equipment be operated only by
provider's personnel. In so doing, provider shall be deemed an independent
contractor. The provider shall meet the technical standards of the user, but shall
retain full control over the manner and means of using the equipment.
7. User will reimburse provider for equipment and services based on the rates used for
its internal financial management of personnel and equipment. These rates are
included in the Equipment Sharing Catalog. Supplies will be charged at provider's
invoice cost, plus 15%, or may be replaced by user. On May 15 of each year, all
parties will each total all reimbursement for equipment and personnel.
Reimbursement shall be paid within thirty (30) days of billing and payment for any
monetary difference may be billed at that time to any or all providers.
8. The parties are independent contractors. Nothing herein shall alter the employment
status of any worker providing services under this Agreement. Such worker shall at
all times continue to be subject to all standards of performance, disciplinary rules,
and other terms and conditions of the employer. No user shall be responsible for the
direct payment of any salaries, wages, compensation, or benefits for provider's
workers performing services on behalf of user under this Agreement. No user shall
be liable for compensating or indemnifying any employee of a provider for any injury
or work arising in any way out of work provided pursuant to 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 services under this Agreement. Providers requiring that their personnel operate
equipment shall, within the limits of the Oregon Tort Claims Act, hold harmless,
indemnify and defend the user, its officers, agents, and employees from all claims
arising solely by reason of any act or failure to act by the provider. Notwithstanding
the above, the user shall bear sole responsibility for ensuring that it has the authority
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to request the work, for its designs, and for any representations made to the provider
regarding site conditions or other aspects of the project.
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
continue as a debt and shall be paid within thirty (30) days of termination.
11.Nothing herein shall be deemed to restrict the authority of any of the parties to enter
into separate agreements governing the terms and conditions for providing services
on a specifically identified project.
12.This Agreement shall be effective upon the date of execution by the last signatory as
evidenced on the attached pages.
13.Any public entity not a party to this Agreement when it first becomes effective may
become a party to it by signing the Agreement, after being approved by its governing
body. Upon the signing of the Agreement by the additional party and sending a copy
of the Agreement to all other parties, the Agreement shall become binding among all
the parties that have signed the Agreement.
IN WITNESS WHEREOF, the parties, by the signatures of their authorized
representatives, executed this Agreement, effective on the date shown below each
signature.
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Authorized Signatory (print):
Authorized Signature:
Title: TJ Date: Z.o Za=
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CPAWC President:
Date: —� �• � -
Intergovernmental Agreement for Equipment and Services
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