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Marion County - Road Maintenance and Engineering CITY OF TIGARD,OREGON CONTRACT SUMMARY FORM (FORMMUSTACCOMPANYEACH CONTRACT FOR AUTHORIZATION) '4 d Contract Title: Marion County IGA Number: "^'? Contractor: Marion County Contract Total: i-Q!�V 6-ez- _oJ�� Contract Overview: Marion County Public Works Department will provide certain maintenance and engineering engineering services to the City of Tigard. Type: ❑ Purchase Agreement Start Date: 4/18/2011 End Date: 4/30/2016 ❑ Personal Service ❑ Public Improvement LCRB Award: Department: Public Works IGA Other: Contract Manager: Mike McCarthy Quotes/Bids/Proposal: FIRM AMOUNT/SCORE Account String: FUND/DIVISION ACCOUNT AMOUNT Year 1 l,a©D `�rrTl�no Year 20421 (oa©o .54f!;)f:;?! a4 Ol>e_oo Year 3 QA &L v J1G Year 4 ��(�rn� las O-L nye Year 5 Sd m e Us! Approvals Department Comments: Department Signature: ��� ��� d A. Purchasing Comments: Purchasing Signature: City Manager Comments: City Manager Signature: After securing all required approvals, forward original copy to the Contracting and Purchasing Office along with a completed Contract Checklist. INTERGOVERNMENTAL AGREEMENT ALLOWING MARION COUNTY TO PROVIDE CERTAIN MAINTENANCE AND ENGINEERING SERVICES TO THE CITY OF TIGARD This agreement is made pursuant to ORS 190.003 to ORS 190.110 between the City of Tigard ("Agency"), a municipal corporation of the State of Oregon, and Marion County ("County"), a political subdivision of the State of Oregon. The Agency and the County will be referred to herein jointly as the "Parties" and individually as a "Party." Purpose The purpose of this agreement is to allow the Agency to request the County to provide various types of road maintenance and engineering services to the Agency. NOW, THEREFORE, the Parties agree as follows: Term This agreement shall be effective upon execution by all Parties and shall remain in effect through July 31 , 2016. Upon mutual agreement of both parties, this agreement may be renewed for one additional five-year term. This agreement may be terminated by either Party upon thirty (30) days written notice to the other Party. Agency Obligations The Agency shall, whenever possible, request the beginning and ending of services from the County with sufficient notice and time for completion that is reasonable for the County to respond and provide the requested service. For road maintenance services, at least forty- eight (48) hours advance notice is required. The Agency shall make payment within thirty (30) days of receipt of the County's invoice for services provided. Costs charged the Agency will be billed at the County's time, equipment, and, materials rates for the period in which the services are provided. Rates may also include administrative costs associated with the tasks performed under this agreement. County Obligations The County will make every effort to begin and perform the requested services in the time frame requested by Agency. However, both Parties agree that the operational needs of the County shall take precedence over any requests from the Agency, and no guarantee is made or implied that the services will begin or be provided by the date requested by the Agency. County shall provide a monthly invoice to the Agency for services provided to the Agency under this agreement. Invoices shall list all resources required to perform the requested service(s) including, but not limited to, equipment, personnel, materials, and parts used for services provided under this agreement. Prior to the beginning of any service under this agreement, the Agency may request the County to provide an estimate of the total cost for a specific request. The Agency may also 1 request from the County a current list of rates that will be charged for services requested of the County. GENERAL PROVISIONS: Funds Available And Authorized The Agency certifies at the time they request services that sufficient funds are available and authorized for the services requested under this agreement. Compliance With Applicable Laws The Parties agree that both shall comply with all federal, state, and local laws and ordinances applicable to the work to be done under this agreement. The Parties agree that this agreement shall be administered and construed under the laws of the state of Oregon. Nondiscrimination The Parties agree to comply with all applicable requirements of Federal and State civil rights and rehabilitation statutes, rules and regulations in the performance of this agreement. Indemnification The Agency shall agree to defend, indemnify, and hold harmless County, its officers, agents, and employees from damages arising out of the tortious acts of the Agency, its officers, agents, and employees acting within the scope of their employment and duties in performance of this agreement subject to the limitations and conditions of the Oregon Tort Claims Act, ORS 30.260 through 30.300, and the Oregon Constitution, Article XI, Section 7. Likewise, the County shall agree to defend, indemnify, and hold harmless Agency, its officers, agents, and employees from damages arising out of the tortious acts of the County, its officers, agents, and employees acting within the scope of their employment and duties in performance of this agreement subject to the limitations and conditions of the Oregon Tort Claims Act, ORS 30.260 through 30.300, and the Oregon Constitution, Article XI, Section 7. Nothing in this agreement shall be deemed to limit the right of either Party to make a claim against the other for damages and injuries incurred by one Party as a result of the actions of the other Party's officers agents and employees. Insurance Each Party shall insure or self-insure and be independently responsible for the risk of its own liability for claims within the scope of the Oregon tort claims act (ORS 30.260 TO 30.300). Each Party shall be solely liable for third Party claims arising solely from the actions of that Party's officer, employees, and agents, and in noway involving the actions of the other Party and its officers, employees and agents. Each Party shall be solely liable for its employees' workers' compensation claims. Merger Clause Both Parties concur and agree that this agreement constitutes the entire agreement between the Parties on this issue. No waiver, consent, modification or change to the terms of this 2 r ' r ' agreement shall bind either Party unless in writing and signed by both Parties. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this agreement. Both Parties, by the signatures below of their authorized representatives, hereby agree to be bound by its term and conditions. Notices Any notice required to be given the Agency or the County under this Agreement shall be sufficient if given in writing, by first class mail or in person to: MARION COUNTY CITY OF TIGARD Attn: Director of Public Works Attn: Mike McCarthy, P.E., Senior Project Engineer Address: 5155 Silverton Road NE Address: 13125 SW Hall Blvd Salem, OR 97305-3899 Tigard, OR 97223 Phone: 503-588-5036 Phone: 503.718-2462 Fax: 503-588-7970 Fax: 503-624-0752 Fax Email Address bworcester@co.marion.or.us Email Address mikem@tigard-or.gov In witness thereof, the Parties have executed this agreement as of the date of the last signature shown below. MARION COUNTY CITY OF TIGARD -71 la� Director of Public Works Date City Ma ger Date APPROVED AS TO FORM: r s Compliance Analyst IJate APPROVED AS TO FORM: AA -, o Legal Counsel at G:\Administration\Contracts\Blanket IGAs\Tigard\Tigard.Blanket IGA.17-Feb-2011.doc 3