Res 1801 - Road Maint. & Eng.
COUNCIL BILL NO. 2582
RESOLUTION NO. 1801
A RESOLUTION ENTERING INTO AN INTERGOVERNMENTAL AGREEMENT WITH
MARION COUNTY FOR VARIOUS TYPES OF ROAD MAINTENANCE AND
ENGINEERING SERVICES AND AUTHORIZING THE CITY ADMINISTRATOR TO SIGN
SUCH AGREEMENT.
WHEREAS, Marion County will provide various types of road maintenance and
engineering services to the City of Woodburn, and
WHEREAS, Marion County has determined that an intergovernmental agreement
pursuant to the provisions of ORS Section 190 should be in place for all agencies for which
the county provide such services, and
WHEREAS, The City has found it to be beneficial to use Marion County for various
road maintenance activities, and
WHEREAS, It would be in the best interest of the City to enter into this
intergovernmental agreement for various types of road maintenance and engineering
services and authorize the City Administrator to sign on behalf of the City, NOW
THEREFORE;
THE CITY OF WOODBURN RESOLVES AS FOllOWS:
Section 1. That the City of Woodburn enter into an intergovernmental agreement
with Marion County for various types of road maintenance and engineering services, which
is affixed as Attachment "A" and by this reference incorporated herein.
Page 1-
COUNCIL BILL NO. 2582
RESOLUTION NO. 1801
Section 2. That the City Administrator of the City of Woodburn is authorized to
sign said intergovernmental agreement on behalf of the City.
Approved as to form:
f().rr1r ~
City Attorney
7jz-/)ZC05"
Date
APPROVE
"------.
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
July 25, 2005
July 27, 2005
Jul y 27, 2005
July 27, 2005
ATTEST:
I!J ~
Mary ~nt, Recorder
City of Woodburn, Oregon
Page 2 - COUNCIL BILL NO. 2582
RESOLUTION NO. 1801
ATTACHMENT ~
page-L of -J
INTERGOVERNMENTAL AGREEMENT
ALLOWING MARION COUNTY
TO PROVIDE CERTAIN
MAINTENANCE AND ENGINEERING SERVICES
TO THE CITY OF WOODBURN
This Agreement is made pursuant to ORS 190.003 to ORS 190.110 between the City of
Woodburn ("Agency"), a municipal corporation of the State of Oregon, and Marion County
("County"), a political subdivision of the State of Oregon.
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 in effect from the date upon which the last signature is affixed and shall
remain in effect until terminated by either party upon thirty (30) days written notice to the other
party.
Af!ency Oblif!ations
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 Oblif!ations
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 request from
the County a current list of rates that will be charged for services requested of the County.
GENERAL PROVISIONS:
~TTACHjAENT A-
Pagl -2=. of.:::!:::
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.
Hold Harmless
To the extent permitted by law, County agrees to indemnify, defend, and hold City, its officers,
agents, and employees, harmless from any and all claims, actions, liability or costs including
attorney fees and other costs of defense, arising out of or in any way related to this Agreement,
and arising from the sole negligence of County, its agents, employees and officers.
To the extent permitted by law, City agrees to indemnify, defend, and hold County, its officers,
agents, arid employees, harmless from any and all claims, actions, liability or costs including
attorney fees and other costs of defense, arising out of or in any way related to this Agreement,
and arising from the sole negligence of City, its agents, employees and officers.
Insurance
Each party shall insure or self-insure and be independently responsible for the risk of its own
liability for claims.
Mer2er Clause
Both parties concur and agree that this Agreement constitutes the entire Agreement between the
parties. No waiver, consent, modification or change to the terms of this 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:
COUNTY
Marion County
Director of Public Works
5155 Silverton Road NE
Salem, OR 97305-3899
AGENCY
City of Woodburn
Director of Public Works
270 Montgomery Street
Woodburn, OR 97071
ATTACHMENT Pc
Page~of~
In witness thereof, the parties have executed this Agreement as ofthe date of the lat signature
shown below.
MARION COUNTY
CITY OF WOODBURN
Director of Public Works
Date
City Administrator
Date
APPROVED AS TO FORM:
Contractors Coordinator
Date
APPROVED AS TO FORM:
Legal Counsel
Date