Tigard - Equipment and Services INTERGOVERNMENTAL AGREEMENT
FOR
EQUIPMENT AND SERVICES
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 provides services which may be useful to
another party for public works construction, operations, maintenance and related activities; and
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,
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 the requested
time.
3. The entity receiving the equipment ("user") shall take proper precaution 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 and supervised operators, and shall be
responsible for equipment repairs necessitated by misuse or negligent operation. User shall perform and
document required 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 other than repairs necessitated
by misuse or negligent operation.
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 to others 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.
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INTERGOVERNMENTAL AGREEMENT FOR
EQUIPMENT AND SERVICES
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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 15th 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 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 providers'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 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 Agreement to all other parties,
the Agreement shall become binding among all the parties that have signed the Agreement.
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INTERGOVERNMENTAL AGREEMENT FOR
EQUIPMENT AND SERVICES
Page 3
IN WITNESS WHEREOF,the parties,by the signatures of their authorized representatives,have
executed this Agreement effective on the date shown below each signature.
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