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Washington County - Maintenance Agreement (Traffic Signals) THIS AGREEMENT is made and entered into by and between THE CITY OF TIGARD, a municipal corporation of the State of Oregon, acting by and through its City Council, hereinafter referred to as "City"; and WASHINGTON COUNTY, a political subdivision of the State of Oregon, acting by and through its Board of Commissioners, hereinafter referred to as "County.^ N I T N 8 S S E T R ' RECITALS 1. City does not have adequate personnel and equipment to perform maintenance of traffic signals operated by the City. 2. Private sources are not available to provide this service with acceptable emergency response times. 3. County is able to perform signal maintenance for the City. 4. This agreement will allow the County to perform the necessary maintenance on the City's signals. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: CITY OBLIGATIONS 1. City hereby grants County the right to enter into and occupy City road right-of-way for the .performance of necessary routine and emergency maintenance for the traffic signal equipment, including vehicle detectors, emergency vehicle pre-emption, and illumination on the same poles. 2. City shall enter into and execute this agreement during a duly authorized session of its City Council. 3. The City shall make prompt payment of the obligations as outlined in the ' billing within twenty-five (25) days of receipt of the bills. Payments to the County shall be remitted to: Washington County Finance Department 155 N. 1st Street Hillsboro, Or 97124 COUNTY OBLIGATIONS 1. County shall perform all routine and emergency maintenance required for the operation .of the traffic signals, including the vehicle detectors loops, illumination, .and emergency vehicle pre=emption devices on City owned traffic signals.. Routine maintenance shall be provided bi-annually . according to the ODOT standard inspection and maintenance procedures with relamping performed annually. . Any changes to signals or their timing shall be subject to review and approval by the City. Defective luminaires shall be repaired or replaced within four working days of notification. County shall respond to emergency . repairs . within two hours of notification. County shall provide a .,daytime and after hours phone numbers for the signal maintenance contact person. .2. County shall bill the City on a quarterly basis for all costs attributable to the maintenance of the City owned traffic signals. Each bill.shall be itemized to show direct. labor, equipment and materials' - including administrative overhead.. . Labor rates shall be based on the hourly: wage. . rate of the employee performing the work plus benefits cost. Equipment . a rates shall be based on rates provided by Fleet Management and shall be an hourly or cost per mile rate. Material .costs shall be direct cost including, if any, freight cost. All invoices shall be sent to: City of Tigard Engineering Department 13125 S.W. Hall Boulevard Tigard, OR 97223 , 3. County shall enter into and execute this agreement during a duly; authorized session of its Board of County Commissioners. GENERAL PROVISIONS 1. Subject to the limitations of the Oregon Constitution and statutes, the City and County each shall be solely responsible for any loss or injury caused to third parties arising from City's or County's own acts or omissions under this . agreement and City or County shall: defend, hold .. harmless, and indemnify the other party to this Agreement *with. respa::t•to any claims, litigation or liability -arising .from City's or County's own acts or omission under this Agreement. 2. This agreement may be canceled or renegotiated upon thirty (30) days written notice by City or County. 3. Upon thirty (30) days written notice, the.City and County, at the other's. - request, shall make available all pertinent 'records and transactions related to the maintenance of the signals as outlined in this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and affised'their seals as of the day and year hereinafter written. THE CITY OF TIGARD, by and through its City Co ci �3 B ate � y _ Ma APPROVED AS TO LEGAL SUFFICIENCY By City Recorder By ,I V J,.X (2. Date City Counsel APPROVED AS TO WASHINGTON COUNTY, by and through .LEGAL FF1.0I CY its Board of.Commissioners By By `Co6ntCounsel Chair Date 7— Z —9? APPROVED WASHINGTON COUNTY BOARD OF COMMISSIONERSS MINUTES ORDER # DATE -� -g BY CLERK OF TR BOARD dj/Agreement