Res 1635 - Agrmt Marion County
COUNCIL BILL NO. 2319
RESOLUTION NO. 1635
A RESOLUTION ENTERING INTO AN INTERGOVERNMENTAL AGREEMENT WITH
MARION COUNTY FOR STRIPING OF PAVED ROADS FOR2001 AND AUTHORIZING
THE CITY ADMINISTRATOR TO RENEW ANY FUTURE MARION COUNTY
INTERGOVERNMENTAL AGREEMENTS FOR THE STRIPING OF PAVED ROADS
WHICH MAY BE RECEIVED BY THE CITY.
WHEREAS, Marion County has for many years performed striping of paved roads in the
City of Woodburn without a formal agreement, and
WHEREAS, Marion County has determined that an annual intergovernmental agreement
pursuant to the provisions of ORS Section 190 should be in place for all agencies for which the
county provides striping of paved roads, and
WHEREAS, it would be in the best interests of the city to enter into this intergovernmental
agreement and authorize the City Administrator to sign additional future annual agreements from
Marion County for striping of paved roads, NOW THEREFORE;
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into an intergovernmental agreement for
striping of paved roads, which is affixed as Attachment "A" and by this reference incorporated
herein, with Marion County.
Section 2. That the City Administrator of the City of Woodburn is authorized to sign said
intergovernmental agreement on behalf of the City.
Section 3. That the City Administrator of the City of Woodburn is authorized to renew
future striping of paved roads agreements by signing said agreements on behalf of the City.
Approved as to form:
<tr).~ /Y<J
City Attorney
'll/7.0(/ I
Date
Page 1- COUNCIL BILL NO. 2319
RESOLUTION NO. 1635
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
fVl ~f\~
Mary ~nt, Recorder
City of Woodburn, Oregon
Page 2 - COUNCIL BILL NO. 2319
RESOLUTION NO. 1635
APPROVED:~~
Richard Jennings, Mayor
June 11, 2001
June 12, 2001
June 12, 2001
June 12, 2001
Attachment" An
Page 1 of4
INTERGOVERNMENT AL AGREEMENT
Between
Marion County
a political subdivision of the State of Oregon
and
City of W oodbum
a political subdivision of the State of Oregon
for
2001 Striping of Paved Roads
This agreement is made pursuant to ORS 190.003 to 190.110, between Marion County and City of
Woodburn, political subdivisions of the State of Oregon.
In consideration of the mutual obligations and benefits herein set forth, the parties agree as follows:
1. City of Woodburn Obligations:
1.1 Sweep center and shoulder lines of any gravel, sanding material, and/or dirt.
1.2 Provide maps of all locations of painting to be done by June 1, 2001.
1.3 Make payment within thirty (30) days after receiving invoices from Marion County.
1.4 Pay, at cost, for all materials used for striping.
1.5 Mark out any areas that have been overlaid or patched in advance of the striper truck so
it does not stop striping operation.
1.6 Submit all requests for work to be performed to:
Don Clark, Sign Shop Supervisor
Marion County Public Works Department
5155 Silverton Road NE
Salem, Oregon 97305
Attachment "A"
Page 2 of 4
Agreement
Marion County/City of woodburn
2001 Road Striping
2 of 4
2. Marion County Obligations:
2.1 Stripe all center and shoulder lines that fall under the City of Woodburn City Manager's
responsibility.
2.2 Supply all materials for striping.
2.3 Submit all invoices, billings, and reports to:
Frank Tiwari, Director
City of Woodburn
270 Montgomery Street
Woodburn, Oregon 97071
3. General Obligations:
3.1 The following costs, including labor and equipment, shall be charged by Marion County
for services under this agreement:
Center Line Striping - $95.00/striping mile
Shoulder line striping - $95.00/striping mile
(A striping mile is each trip the striper makes down each road. A mile of road with
shoulder lines on both sides and center lines is three striping miles.)
3.2 The striping should take approximately five (5) working days to complete and will be
done in two phases:
Stripe all new overlay and chip seal roads after their completion.
Stripe the remaining roads.
3.3 Each party shall be solely liable for third party claims arising from the actions of that
party's officer, employees, and agents.
3.4 Each party shall be solely liable for its employees' workers' compensation claims,
regardless of which party is exercising supervision and control over the project when the
claim arises.
3.5 When the parties share supervision and control over a project, each party shall be liable
for third party claims arising from the actions of its officers, employees, and agents.
Attachment "A"
Page 3 of4
Agreement
Marion County/City of Woodburn
2001 Road Striping
3 of 4
3.6 City of Woodburn shall agree to defend, indemnifY, and hold harmless Marion County,
its officers, agents, and employees from damages arising out of the tortious acts of City
of Woodburn, 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, Marion County shall agree to defend, indemnifY, and hold harmless City of
Woodburn, its officers, agents, and employees from damages arising out of the tortious
acts of Marion 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 ofthe
actions of the other party's officers agents and employees.
The work schedule will be determined by the City of Woodburn Public Works Department and the
Marion County Sign Shop Supervisor.
In the event of major breakdowns of the striper truck or an unreasonable wet summer, Marion County
will not be held responsible for completion of this striping.
This agreement represents the entire integrated understanding of the parties. This agreement may be
amended only by in writing, executed with the same formalities as the agreement itself.
This Agreement shall expire on December 31,2001 unless agreed to by both parties to extend.
Attachment "A"
Page 4 of 4
Agreement
Marion County/City of Woodburn
2001 Road Striping
4 of 4
IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names
by their duly authorized representatives as of the dates set forth below.
Marion County
Department of Public Works
City of Woodburn
Robert J. Hansen, Director
City Administrator
Date
Date
Approved as to Form:
Approved as to Form:
Marion County Legal Counsel
City of Woodburn Legal Counsel
Date
Date
Approved as to Form:
Marion County Contracts Coordinator
Date
MA~ONCOUNTYBOARD
OF COMMISSIONERS
Chair
Commissioner
Commissioner
Date
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