Loading...
Res 1375 - Veh Fleet/Mtr Pool S COUNCIL BILL NO. 1736 RESOLUTION NO. 1375 A RESOLUTION ENTERING INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF OREGON, BY AND THROUGH ITS DEPARTMENT OF ADMINISTRATIVE SERVICES, TRANSPORTATION, PURCHASING, AND PRINTING SERVICES DIVISION, FOR THE USE OF VEHICLE FLEET AND MOTOR POOL SERVICES. WHEREAS, it was noted during the budget hearings for fiscal 1996-97 that the Woodburn Police Department's motor vehicle fleet was characterized by high mileage and maintenance; and WHEREAS, the fiscal year 1996-97 budget allows only for limited replacement of marked police vehicles and does not allow for replacement of unmarked vehicles; and WHEREAS, a cost effective way of partially overcoming the problem is to lease two police vehicles through the State of Oregon Motor Vehicle Pool; and WHEREAS, this proposed lease arrangement was found to be reasonable and includes the cost of vehicle fuel, maintenance, and administration; and WHEREAS, by leasing two police vehicles through the State of Oregon Motor Vehicle Pool, the Woodburn Police Department's motor vehicle fleet can be reduced by two units and the leased vehicles substituted; NOW, THEREFORE, THE CITY WOODBURN RESOLVES AS FOLLOWS: Section 1. That the city enter into an intergovernmental agreement with the State of Oregon, acting by and through its Department of Administrative Services, Transportation, Purchasing, and Printing Services Division, for the lease of two police vehicles. Section 2. That the Mayor be authorized to execute, on behalf of the city, said agreement, a copy of which is attached hereto, and by this reference, is incorporated herein. 7 1- Approved as to for~'~ ~ ~ 1- - 1l,O City Attorney Date Page 1 - COUNCIL BILL NO. 1736 RESOLUTJON NO. 1375 .-- ,. APP~ED ~ NANCY Filed in the Office of the Recorder July 8, 1996 Jul y 10, 1996 July 10, 1996 July 10, 1996 Passed by the council Submitted to the Mayor Approved by the Mayor ATTEST fYl <u'rif -z;:~-sI Mary Te ant, Recorder City of Woodburn, Oregon Page 2 - COUNCIL BILL NO. 1736 RESOLUTION NO. 1375 -----..--...-...,.--"-....- . -' CONTRACT NUMBER: , INTER-GOVERNMENTAL I INTERAGENCY AGREEMENT FOR THE COOPERATIVE PROVISION AND USE OF VEHICLE FLEET AND MOTOR POOL SERVICES This Intergovernmental Fleet Services Agreement ("Agreement") is entered into pursuant to ORS 190.110, 190.210, 190.240 and ORS 283.305 to 283.350, by and between the State of Oregon, acting by and through its Department of Administrative Services, Transportation, Purchasing, and Printing Services Division (hereinafter referred to, interchangeably as "State" or "State Fleet"), and Ci tv of Woodburn , a unit oflocal government, or other qualified agency (hereinafter referred to, without differentiation, as "Public Agency", as defined in ORS 190.003, 190.110 (1), or 190.240. BACKGROUND . State desires to make the most efficient and cost-effective use of its vehicle fleet and motor pool facilities; . State may exercise its powers cooperatively with any public agency described in ORS 190.110 (1); . Pursuant to ORS 283.305 to 283.350, State may provide vehicle fleet and motor pool services to agency personnel in canying out official state business; . The definition of "agency personnel" in ORS 283.305 (1) (a) (0) includes the personnel of any unit of local government whose use of state motor vehicles is authorized by an authorized inter- governmental agreement; . State has promulgated rules which interpret "agency personnel" and "official state business" in a manner that allows State to provide vehicle fleet and motor pool services to a public agency following executing of an authorized intergovernmental agreement; . Public Agency represents and warrants that it is eligible under the applicable statutes, administrative rules, ordinances, charter provisions, by-laws, or other pertinent governing authority to enter into an intergovernmental or interagency agreement with State to obtain vehicle fleet and motor pool services; and . State desires to provide Public Agency, and Public Agency desires to obtain from State, vehi- cle fleet and motor pool service under the terms and conditions in this Agreement. 1 Terms and Conditions In consideration of the respective conditions and mutual promises and covenants set forth herein, and other good and valuable consideration, the adequacy and sufficiency of which is hereby ac- knowledged, State and Public Agency agree as follows: 1. Provided Services. State shall provide vehicle fleet and motor pool services to Pub- lic Agency in accordance with the terms of this Agreement. Such services include vehicle rental services, fuel and car wash services, vehicle preventive maintenance and repair ser- vices, towing services (where available), and vehicle inspection/maintenance and certifica- tion services necessary to comply with the requirements of the Oregon Department of Environmental Quality. The specific services provided and the current rates for such services are set forth in Exhibit A and are incorporated into this Agreement by reference (see attached). (a) As agreed between State and Public Agency, the vehicle fleet and motor pool services will be provided to Public Agency through one or more of State's motor pool fa- cilities in Portland, Salem and Eugene. (b) The vehicle fleet and motor pool services shall be provided in accordance with all: (1) applicable state statutes and arlministrative rules; and (2) policies and procedures of the Department of Administrative Services, Transportation, Purchasing, and Print Services Division, as such statutes, rules, policies, and procedures exist currently or are subsequently amended. (A copy of the Department of Administrative Ser- vices, Transportation, Purchamng and Print Services Division's current policies and proce- dures is attached as Exhibit B and is incorporated into this Agreement by reference). Public Agency should note Administrative Rule 125-155-900 section 3. Pub- lic Agency acknowledges and agrees that State's maximum liability for any service that is allegedly improperly, negligently, or wrongfully performed or provided shall not exceed the rate paid or payable by Public Agency to State for such service. In the event of alleg- edly improperly or negligently performed service, Public Agency's sole remedy sball be State's election to (1) refund to Public Agency funds paid for such service, or (2) perform such corrective repairs or services as State determines appropriate. (c) Public Agency shall pay State according to the rates in effect at the time the fol- lowing services are provided: (I) Vehicle rental services, whether daily, weekly, or monthly; (ii) Specialty vehicle rental services, as established by the appropriate State Fleet motor pool facility manager and agreed to by Public Agency; (iii) Fuel services; 2 --,..._.._-,_..,.,...~---,-- -, ,_.._"........"~~....".-........-.-----= (iv) Vehicle repair services, including parts and labor; (v) Wrecker/tow/road services (where available, during State Fleei hours of operation); (vi) Car wash services (where available, during State Fleet hours of operation); (vii) Vehicle inspection and certification services (any engine adjustment and/or re- pair services required to pass the inspection for certification will be performed by State Fleet, and charged at the agreed labor rate). 2. Term of Agreement. This Agreement, which is effective as of the date it is signed by State, shall remain in effect for one year from the effective date and, unless renewed, shall terminate on 3. Agreement Renewal. This Agreement may be renewed for one-year extension periods upon mutual agreement between State and Public Agency. Notice of intent to re- new shall be submitted in writing to State's Fleet Services Coordinator at least thirty (30) days prior to the termination date set forth in paragraph 2, above. 4. Payment for Services. State will submit monthly invoices to Public Agency for all services provided during the preceding month. Payment shall be due upon receipt of each invoice. Interest shall accrue at the rate of eight percent (8%) per annum on invoices not paid within forty-five (45) days after receipt by Public Agency. 5. Conditions Under which Vehicle Rental Services will be Provided: Duties and Obligations of Public ~ency. Any vehicles provided pursuant to this Agreement are State property and in good and roadworthy condition. Unless Public Agency gives immediate written notice to the contrary, such vehicles shall be conclusively presumed to be in neat and proper appearance, good repair, . suitable mechanical condition, and in run- ning order when accepted by Public Agency. Each vehicle provided pursuant to this Agreement shall be used in the normal and ordinary course of Public Agency's business. Public Agency will return each vehicle, together with all tires and equipment, in the same condition as when received, ordinaIy wear and tear excepted, to the appropriate State Fleet motor pool facility on the DUE BACK DATE specified, or sooner upon demand of State. State may peacefully repossess any vehicle provided to Public Agency at any time, without demand, if it is illegally parked, apparently abandoned, or used in violation of law or of this Agreement. 3 .,-_.,._-,,'-,~ ~ -, ,_._-----"",.-,... This Agreement is solely for the provision of vehicle fleet and motor pool services to Pub- lic Agency~ Public Agency does not, by this Agreement, acquire any right, title, or inter- est in or to any of the property provided pursuant to this Agreement. ' (a) The following restrictions are cumulative and each shall apply to every use, op- eration, or driving of a vehicle provided to Public Agency pursuant to this Agreement. Under no circumstances shall Public Agency allow such vehicle to be used, operated, or driven: by any person: (I) Who does not possess a current, valid Drivers license; or (ii) For the transportation of persons or property for hire; or (iii) Under the age of 18; or (iv) Who has given State or Public Agency a false name, age, or address; or (v) In any race, speed test, contest, or for any illegal purpose; or (vi) to transport any property or material deemed extra-hazardous by reason of be- ing explosive, inflammable, or fissionable; or (vii) While under the influence of intoxicants or narcotics; or (viii) Where the speedometer of the vehicle bas been tampered with or disconnected; or (ix) Who is not currently an officer or employee of Public Agency. (b) The vehicles provided to Public Agency pursuant to this Agreement shall not be used in violation of any federal, state, or municipal statutes, laws, ordinances, rules, or regulations applicable to the operation of such vehicles. Public Agency shall be responsi- ble for and shall pay all fines, penalties, and forfeitures imposed for parking or traffic vio- lations, or for the violation of any statute, law, ordinance, rule, or regulation of any duly constituted public authority, which are incurred while the vehicle is in the possession of Public Agency. (c) All vehicles provided to Public Agency pursuant to this Agreement shall be op- erated only by safe, careful, legally qualified, and properly licensed drivers. Such drivers shall be selected, employed, controlled, and paid by Public Agency and shall be conclu- sively presumed to be employees of Public Agency and not of State. Public Agency shall cause the vehicles provided pursuant to this Agreement to be used and operated with reasonable care and caution to prevent loss and damage due to 4 ..--' -"--,,,-",,-- "-'-'---.,~--------_. negligent or reckless use, abuse, fire, theft, collision, or injury to persons or property. Further, on written complaint from State to Public Agency specifying any reckless, care- less, or abusive handling of a vehicle, Public Agency shall remove the driver (s) of any such vehicle (s) and substitute careful and safe driver (s) as soon as it is reasonably possible to do so. In addition, Public Agency's drivers shall comply with all policies, conditions, and regulations now or subsequently made by State with respect to the proper use, care, and operation of the vehicles provided pursuant to this Agreement. (d) Public Agency is responsible for and will reimburse State upon demand for all loss or damage (regardless of negligence) to any vehicle provided pursuant to this Agree- ment for such vehicles, equipment or tools. The state policy is to replace "total loss" vehi- cles at replacement cost, because the vehicles are purchased new. Replacement cost is to- day's cost without deduction for depreciation, use, wear and tear, etc. This is the same potential loss you, the Public Agency, faces. If the state vehicle is a total loss you are re- sponsible for the replacement cost of like kind vehicle. (e) Public Agency represents that its personne~ including the driver of any vehicle provided pursuant to this Agreement are officers, employees, or agents, as such terms are defined in ORS 30.265; however such personnel shall in no event be deemed to be offi- cers, employees, or agents of the State, in any manner, for any purpose. (f) State shall not be liable for loss or damage to any property left, stored, or trans- ported by Public Agency or any other person in any vehicle provided pursuant to this Agreement, either before or after the return of such vehicle to State, regardless of whether such loss or damage was caused by or related to negligence of State or its officers, em- ployees, or agents. Public Agency assumes all risk of such loss or damage. Public Agency further agrees to hold State harmless from and to defend and in- demnify State against all claims based upon or arising out of such loss or damage. (g) Public Agency agrees to pay all costs, expenses, and attorney's fees incurred by State: (1) in collecting sums due from Public Agency; or (2) in enforcing or recovering any damages, losses, or claims against Public Agency. (h) If a vehicle has been provided to any person who has given State a false or ficti- tious name, address, or business affiliation, or if Public Agency fails or refuses to return vehicle to State within five (5) business days following State's demand upon Public A- gency, Public Agency shall be conclusively presumed to be in unlawful possession of such vehicle. (Demand shall be deemed delivered to Public Agency by the deposit of a registered or certified letter in any U. S. mailbox addressed to either the res- idence or business address of Public Agency, as shown in this Agreement). Under such circumstances, Public Agency agrees to release and discharge State from any and all claims, suits, or demands of every kind or nature resulting from or relating to any 5 .",-.__'_0._. '" alleged false arrest, false imprisonment, false detention, defamation of character, assault, malicious prosecution, trespass, or invasion of civil rights resulting from or relating to the issuance ofa warrant for the arrest of an officer, employee, or agent ofP\1blic Agency, or any person operating a vehicle provided pursuant to this Agreement, or resulting from or relating to any other action by State including, but not limited to, self-hold, which State deems necessary in order to effect the return of the vehicle, or the collection of any monies due State pursuant to the terms of this Agreement. 6. Compliance with Applicable Law. Public Agency shall comply with all federal, state, and local laws and ordinances applicable to Public Agency's performance of its obligations and duties under this Agreement. This Agreement sball be governed by and construed in accordance with the laws of the State of Oregon. Any litigation between State and Public Agency resulting from or relating to performance of this Agree- ment shall be commenced and maintained solely in the Marion County Circuit Court in Salem, Oregon. 7. Successors in Interest: No assilnment. The provision of this Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. Provided, however, that neither this Agreement nor any interest herein may be assigned by Public Agency without prior written consent of State. Further, Public Agency many not lease, sublease, encumber, or transfer any of the property provided pursuant to this Agreement, nor allow any person who is not an officer or employee of Public Agency to use any such property without prior written consent of State. 8. Access to Records. State Fleet:, the Secretary of State's office of the State of Oregon, and their duly authorized representatives shall have access to the books, documents papers, and records of Public Agency which are directly pertinent to this specific Agreement for the purpose of making audit, examination, excerpts, and transcripts. Public Agency shall maintain and preserve all such books, documents, papers, and records for three years after the termination of this Agreement or until the conclusion of any controversy or litigation that results from or relates to this Agreement, whichever is longer. 9. Termination. This Agreement may be terminated by the mutual consent of the par- ties, or by State upon thirty (30) days notice, in writing and delivered by certified mail or m person. State may modify or terminate this Agreement, in whole or in part, effective upon deliv- ery of written notice to Public Agency under any of the following conditions: (a) If State funding from federal, state, or other sources is not obtained and/or con- tinued at levels sufficient, in the exercise of State's reasonable administrative discretion, to allow for the provision of services under this Agreement; 6 ....-=... ...,'M""....____'"~,;.__~"_~,,~__ ~ .. (b) If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate under this Agreement, or are no longer eligible for the funding intended t'o finance the ser- vices under this Agreement; (c) If any license, certificate, or authority required of either party by law or regulation to be held or possessed for purposes of the services to be provided under this Agreement is for any reason denied, revoked, suspended, canceled, or not renewed; or (d) If Public Agency fails to make payment (s) at the time (s) required by this Agreement or otherwise fails to perform any of the material provisions of this Agreement and, after receipt of written notice from State, does not correct such failures within five (5) business days or such other period as State may authorize or reqwre. 10. Hold harmless. Insurance. (a) Public Agency shall indemnifY, defend, and hold harmless State and the Depart- ment of Administrative Services, its officers, divisions, agents, and employees from all claims, suits, or actions of any nature arising out of the activities of Public Agency, its offi- cers, agents, or employees under this Agreement. (b) Public Agency shall obtain, at its expense, and keep in effect during the term of this Agreement, liability coverage for owned, non-owned and/or hired vehicles, or the equivalent for a self-insured Public Agency, in a form acceptable to the State. Such insur- ance shall be primaIy, and not excess or contributory, with respect to any accident involv- ing the vehicle(s) provided and/or being serviced pursuant to this Agreement. It shall af- ford a combined single limit of$500,000 for bodily injury and property damage arising out of a single accident or occurrence, or the Oregon Tort Claims Act limits for a public body as defined by ORS 30.270 (1), whichever is highest. (I) Public Agency shall cause its personnel to notify State immediately by telephone if any vehicle provided to Public Agency pursuant to this Agreement is involved in any accident. Thereafter, as soon as practical, Public Agency sbal1 report to State in writing, giving all information concerning the accident, including but not limited to, the date, time, place, and circumstances of the accident, the names and addresses of the person injured, the owners of property damaged, and the names and ad- dresses of all witnesses. Public Agency shall cooperate fully with State in the investigation and defense of any claim or suit, and shall not do anything to impair or invali- date any applicable insurance coverage. 7 ....- ._--- .,. -". (ii) There shall be no cancellation, material change, potential exhaustion of aggregate limits, or intent not to renew insurance coverage (s) without thirty (30) days written notice from Public Agency or its insurer (s) to the Department of Administrative Services. Any failure to comply with the reporting provisions of this insur- ance, except for the potential exhaustion of aggregate limits, shall not affect the coverage (s) provided to the State of Oregon, its Department of Administrative Services and their divisions, officers, and employees. (c) Public Agency is subject to the Oregon Worker's compensation Law and shall comply with ORB 656.017. Public Agency certifies that it has worker's compensation coverage and will keep it in force during the term of this Agreement. (d) As evidence of the insurance coverage required by this contract, Public Agency shall furnish the Certificate(s) of Insurance to the Department of Admini~ative SeIVices prior to the issuance of a vehicle. Insurance coverage shall be obtained from an acceptable insurance company or entity. Public agency shall be financially responsible for all deductibles, self-insured retention and/or self-insurance included under this Agreement. The Certificates will specify the State of Oregon, The Department of Administrative Services and their divisions, officers and employees as Additional Insureds (or Loss Payees). 8 '-,._--.,.---.,.,-----'-" ~ 11. MERGER: TillS INTERGOVERNMENTAL AGREEMENT FOR THE COOPERATIVE PROVISION AND USE OF VEIDCLE FLEET AND MOTOR POOL SERVICES, TOGETHER WITH THE ATTACHED EXIDBITS, CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO W- AIVER, CONSENT, MODIFICATION, OR CHANGE OF TERMS OR PROVISIONS OF TIllS AGREEMENT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, .CONSENT, MODI- FICATION, OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPE- CIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS OR REPRESENTATIONS, ORAL OR WRIT- TEN, NOT SPECIFIED HEREIN REGARDING TIllS AGREEMENT. 12. SIGNATURES: Each party, by the signature below of its authorized representative, hereby acknowledges that it has read this Agreement, understands it, and agrees to be bound by its terms and conditions. Each person signing this Agreement represents and warrants to have the authority necessary to execute this Agree- ment. PUBLIC AGENCY NAME: Nancy A. Kirksey DATE: July 10, 1996 TITLE: Mayor Tel. # (503)982-5222 ADDRESS: 270 Montgomery St. CITY & STATE: Woodburn, OR 97071 SIGNATURE:~ ~~- ~,.,.."- 1?~. DEPARTMENT OF ADMINIS~ - SERVICES, TRANSPORTATION, PUR- CHASING, AND PRINTING SERVICES DIVISION NAME: DATE: TITLE: Tel. ADDRESS: CITY & STATE: SIGNATURE: 9 DATE: Tel. NAME: TITLE: ADDRESS: CI1Y & STATE: SIGNATURE: DATE: Tel NAME: TITLE: ADDRESS: CI1Y & STATE: SIGNATURE: DATE: Tel. NAME: TITLE: ADDRESS: CITY & STATE: SIGNATURE: DATE: . Tel. NAME: TITLE: ADDRESS: CI1Y & STATE: SIGNATURE: 10 ._.__.........__._~_.._.._-