HomeMy WebLinkAboutForest Grove - IG267001 - Job Share Information Technology IG267001
INTERGOVERNMENTAL AGREEMENT
JOB-SHARE — INFORMATION TECHNOLOGY SUPPORT
This Intergovernmental Agreement (this "Agreement") is entered into by and between the
CITY OF FOREST GROVE, an Oregon municipal corporation ("Forest Grove"), and the CITY OF
TIGARD, an Oregon municipal corporation ("Tigard"). Forest Grove and Tigard are each
referred to individually as a "Party" and collectively as the "Parties"to this Agreement.
RECITALS
A. By the authority granted in ORS 190.010 et seq., units of local government in Oregon
may enter into intergovernmental agreements for the performance of any function
or activity that either party has the authority to perform.
B. Forest Grove is currently evaluating its IT department and requires interim
consulting and leadership expertise to support the rebuilding and stabilization of its
operations.
C. Tigard currently employs a qualified IT Manager with the expertise and capacity to
provide support to Forest Grove in an Assistant IT Director role. In addition, Tigard
has documented resources and personnel with capacity who can provide
supplemental education and consulting services to Forest Grove as needed.
D. The Parties desire to enter into this Agreement to facilitate the temporary sharing of
personnel and expertise in a manner that promotes operational efficiency,
maintains compliance with public contracting requirements, and serves the public
interest.
Now, therefore, in consideration of the mutual promises and benefits set forth herein, the
Parties agree as follows:
I. AGREEMENT
1. Purpose. The purpose of this Agreement is to establish the terms and conditions
under which Tigard will provide certain IT services to Forest Grove which are more
particularly described in the scope of services attached to this Agreement as Exhibit
A("Services").
2, Employee Assignment.Tigard will assign its IT Manager and IT Director("Employee"
or "Employees") to provide the Services to Forest Grove for the duration of this
Agreement. Tigard will also make available relevant policies, training materials, and,
as capacity allows, additional staff expertise. The general scope of services to be
provided by Tigard is set forth in Exhibit A.
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3. Employment Status and Compensation.The Employees shall remain employees of
Tigard for all purposes, including salary, benefits, leave, and employment rights.
Tigard retains ultimate responsibility and authority over employment-related matters
related to the Employees (e.g., discipline, performance evaluation, leave approval).
4. Compensation and Payment. Forest Grove agrees to compensate Tigard for the
Services in the amount of$12,000 per month,with no additional charges for overages
or project-related costs. Tigard shall invoice Forest Grove on a monthly basis for the
Services performed under this Agreement. Payment is due within thirty(30) calendar
days of receipt of each invoice. Tigard represents that the Employees have working
hours sufficient to provide the Services. However, the Parties acknowledge that there
may be times where both Cities' needs exceed the Employees' number of available
working hours. In those cases,Tigard's needs will be prioritized over Forest Grove's.
5. Effective Date, Term, and Termination. This Agreement is effective on July 1, 2026,
(the"Effective Date") and shall continue, unless otherwise terminated in accordance
with the terms of this Agreement, until June 30, 2027 (the "Expiration Date"). The
Agreement may be reviewed annually and renewed for additional one (1)year terms
upon mutual written agreement of the Parties. Either Party may terminate this
Agreement for any reason upon thirty (30) calendar days' prior written notice to the
other Party.
II. GENERAL PROVISIONS
1. Amendments. The Parties may amend this Agreement at any time, but all such
amendments must be in writing and signed by the Parties' authorized
representatives.
2. Project Managers. The project manager for Tigard is Keri Anderson,
keri.anderson@tigard-or.gov. The project manager for Forest Grove is Kim Ezell,
kezell@forestgrove-or.gov. The Parties may change their project managers at any
time by providing written notice to the other Party.
3, Assignment. Neither Party may assign nor subcontract its rights, duties, or
obligations under this Agreement without the written consent of the other Party.
4. Compliance with Applicable Law. Each Party shall comply with all applicable federal,
state, and local laws; and rules and regulations on non-discrimination in employment
because of race, color, ancestry, national origin, religion, sex, marital status, age,
medical condition or disability. In addition, each Party agrees to comply with all local,
state and federal ordinances, statutes, laws and regulations that are applicable to the
responsibilities provided under this Agreement.
5. Counterparts. This Agreement may be signed in counterparts that, taken together,
constitute one and the same agreement. Signatures provided by electronic means,
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including PDF or an electronic signature service, shall be deemed effective as originals
for all purposes.
6. Force Majeure. Neither Party shall not be in default of its obligations under this
Agreement where delay or default is due to war, insurrection, strikes, walkouts, riots,
floods, drought, earthquakes,fires, casualties, pandemics, acts of God,governmental
restrictions imposed or mandated by governmental entities other than the Parties,
enactment of conflicting state or federal laws or regulations, new or supplementary
environmental regulation, litigation or similar bases for excused performance that
are not within the reasonable control to the Party to be excused.
7. Governing Law; Disputes; Forum. This Agreement shall be construed according to
the laws of the State of Oregon. The parties shall negotiate in good faith to resolve
any dispute arising out of this Agreement. If the parties are unable to resolve any
dispute within fourteen (14) calendar days, the parties are free to pursue any legal
remedies that may be available. Any litigation between the Parties arising under this
Agreement or out of work performed under this Agreement shall occur, if in the state
courts, in the Washington County Circuit Court, and if in the federal courts, in the
United States District Court for the District of Oregon.
8. Indemnification. Subject to the limitations of liability for public bodies set forth in
the Oregon Tort Claims Act, ORS 30.260 to 30.300, and the Oregon Constitution, each
Party agrees to hold harmless, defend, and indemnify each other, including their
officers, agents, and employees, against all claims, demands, penalties, actions and
suits (including the cost of defense thereof and all attorney fees and costs, through
all appeals) arising from the indemnitor's performance of this Agreement where the
loss or claim is attributable to the acts or omissions of that Party or its officers,
employees or agents. Further, Forest Grove agrees to defend and indemnify Tigard's
Employee(s) when acting in any capacity for Tigard as it relates to other claims not
covered by the Oregon Tort Claims Act, including but not limited to any administrative
proceedings or contractual disputes with third parties.
9. Independent Contractor. Each Party is an independent contractor with regard to
each other Party and agrees that the performing party has no control over the work
or the manner in which it is performed. No Party is an agent or employee of any other.
Nothing herein is intended, nor shall it be construed, to create between the parties
any relationship of principal and agent, partnership, joint venture or any similar
relationship, and each Party hereby specifically disclaims any such relationship.
10. Insurance. Each Party agrees to maintain insurance levels or self-insurance in
accordance with ORS 30.282, for the duration of this Agreement at levels necessary
to protect against public body liability as specified in ORS 30.269 to 30.274.
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11. Merger. This Agreement represents the full understanding of the Parties and
supersedes any prior or contemporaneous agreements, whether oral or in writing,
between the Parties.
12. No Third-Party Beneficiaries. No person not a party to this Contract is an intended
beneficiary of this Contract, and no person not a party to this Contract shall have any
right to enforce any term of this Contract.
13. Severability. If any term or provision of this Contract is found to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, the remainder of this Contract
shall remain in full force and effect, and the invalid, illegal, or unenforceable term
shall be deemed modified to the extent necessary to render it valid and enforceable,
consistent with the intent of the Parties.
(Signatures on the following page]
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APPROVALS
By signing this Agreement, the Parties acknowledge they have read this Agreement,
understand it, and agree to be bound by its terms and conditions.
FOR THE CITY OF FOREST GROVE: FOR THE CITY OF TIGARD:
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EXHIBIT A
Scope of Services
The purpose of this Agreement is for the City of Tigard to support the City of Forest Grove in
stabilizing its IT department and infrastructure, assisting with the hiring and training of
qualified staff, collaboratively evaluating the ideal IT infrastructure for Forest Grove, and
ultimately transitioning Forest Grove to a sustainable service model. The City of Tigard will
achieve this by delivering professional IT leadership, education, and evaluation services.
The City of Tigard's IT Director will provide strategic insight and advisory oversight to Forest
Grove's Assistant City Manager on matters including contracts,vendor services,change
management, IT policies, communications, and project management.
The City of Tigard's IT Manager will serve in an Assistant IT Director capacity for the City of
Forest Grove, providing technical expertise, system design, education,and recruitment
support,with final approval authority,for policies, purchases, hiring, and other decisions
retained by Forest Grove's Assistant City Manager.
Task 1: IT Leadership
• Weekly check-in meetings with the Forest Grove Assistant City Manager
• Weekly check-in meetings with Forest Grove IT staff
• Develop a long-term, sustainable, budget projection for Forest Grove's IT needs
• Provide template IT policy and communications documents
• Oversee identified IT projects
Task 2:Workforce Assessment
• Assess Forest Grove's current IT staffing and identify ideal future state
• Evaluate current state of Forest Grove IT infrastructure, propose a path to
sustainable IT management, and execute plan in collaboration with Forest Grove
staff
• Assist the Forest Grove Assistant City Manager with supervision of current IT staff,
including assigning tasks,training staff, and contributing to evaluations.
Task 3:Critical IT System Support
• The City of Tigard will oversee monitoring and alerting of critical IT systems and
services for the City of Forest Grove to support system reliability and incident
response; however, the City of Forest Grove shall maintain its own on-call support
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schedule, and the City of Tigard's on-call support shall be limited to critical
disruptions.
Task 4:Cybe rsecu rity
• The City of Tigard will advise on cybersecurity practices and CJIS compliance. The
City of Tigard will share developed policies, procedures, and training materials.
Task 5: Enterprise Systems
• The City of Tigard will share developed training materials for Tyler Technologies
modules deployed within the City of Tigard.
• The City of Tigard will share guidance and best practices for Tyler implementation—
but will not project manage implementation unless otherwise agreed upon by the
two parties.
Task 6:Training and Documentation
• The City of Tigard will share developed technical training materials and
documentation.
All services provided under this Agreement are advisory in nature.The City of Forest Grove
retains full responsibility for all IT decisions and for ensuring compliance with applicable
laws, regulations, and policies.The City of Forest Grove will consult its legal counsel and
other advisors, as appropriate and is not relying on the recommendations or opinions of
the City of Tigard or Tigard's Employees.
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