HomeMy WebLinkAbout2013-171 Agrmt AMND #1 -Jackson County Work Crews
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CITY RECORDER
AMENDMENT NO. 1
TO Master Participating Agreement
DATED May 169 2012
WITH City of Ashland `
This AMENDMENT No. 1 to the Master Participating Agreement (the "Contract") dated May
16, 2012, by and between Jackson County, a political subdivision of the State of Oregon,
hereinafter called "County," and City of Ashland, hereinafter called "Contractor," is hereby
made and entered into.
The original Contract amount was based on contractor need and the term of the Contract is May
16, 2012 to June 30, 2014.
Previous Amendments to the original Contract are: No previous amendments.
For consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
agree as follows:
1. The Contract is hereby amended as follows:
a. VIII GENERAL CONDITIONS, D. FORCE MAJEURE County is not
responsible for delay or default by fire, riot, acts of God and war, which is beyond
the County's reasonable control.
2. Except as expressly modified by this Amendment, and all prior Amendments, if
any, all terms and conditions of the Contract remain in full force and effect.
3. This Amendment is effective the date on which this Amendment is fully executed
by the parties and fully approved as required by applicable statutes and rules.
CONTRACTOR: JACKSON COUNTY: r(
By: a >Z G 7 Is By:~ nf2~:,; Z Z 1(~
Date .Danny Jordan Date
Title: ctrit fttUakS 4-MCt County Administrator
proved as to LejSuIncy:
Jackson County Transition
Center
Contesenlarive
Representative
JACKSON COUNTY Contaracctt Sawyer
5505 S. Pacific Highway
Community Iustice Phoenix, OR 97535
Phone: 541-774-6637
Fax: 541-774-6628
5awyerlj@jacksonmunty.org
www.jksoncounty.org
July 9, 2013
Kari Olson
City of Ashland
90 North Mountain Avenue
Ashland, Oregon 97520
Dear Ms. Olson:
Please find enclosed your fully executed Master Participating Agreements between Jackson County and
City of Ashland. Thank you for all your help in getting this amendment through the process.
Sincerely,
\ n
Linda <J.Sa7wyer
Contract Re ntative
Attachment: 1
Jackson County Transition
Center
i ,Q/'~AVT
U Contract Representative
JACKSON CO' T1 ~T~ Linda Sawyer
5505 S. Pacific Highway
Community Justice Phonne: 541 Phoe:541-R77744--66
6637
Fax 541-774-6628
sawyerlj@jacksoncounty.org
www.jacksoncounty.org
May 22, 2012
Kari Olson
City of Ashland
90 North Mountain Avenue
Ashland, Oregon 97520
Dear Ms. Olson:
Enclosed please find a fully executed Master Participating Agreements between Jackson County and the
City of Ashland for work crew services. Thank you for your assistance in getting this processed.
Sincerely
Linda J. Sawy f
Contract Repr sentati e
Enclosure(s): 1
MASTER PARTICIPATING AGREEMENT
Between
JACKSON COUNTY
And
CITY OF ASHLAND
1. ORS 190 AGREEMENT WITH CITY OF ASHLAND
This Participation Agreement is hereby entered into by and between the Jackson .
County, hereinafter known as the County, and, City of Ashland hereinafter known
as the City. A unit of local government may enter into a wri tten agreement with
any other unit or units of local government for the performance of any or all
functions and activities that party to the agreement, its officers or agencies have
authority to perform. (ORS 190)
H. RECITALS
A. Jackson County is responsible for supervision and treatment of offenders. It
desires to place selected minimum-security offenders in appropriate work
situations to perform work for public benefit while providing opportunities
for participation offenders to learn work skills and develop appropriate work
habits. These training activities will aid the clients in successfully re-
entering society with practical skills and a viable work ethic. .
B. City is responsible for maintaining the land and serving the people within
the City of Ashland. The parties have a mutual interest in maintenance of
the aforementioned maintenance of land. City and the County desire to
cooperate in a program of improving resources in the City and to do such
work with Community Service Work Crews. Work will consist of grounds
maintenance of city buildings, cemeteries and parks, trail maintenance, litter
pick-up, ditch cleaning, fuel reduction, and similar manual work.
C. City can facilitate and accomplish work projects for the City by hosting the
Jackson County Work Crews, which provide work and training
opportunities for the crews.
HL AGREEMENT
A. RESPONSIBILITIES
In consideration of the above premises, the parties agree as follows:
1. Mutual - County and City shall mutually agree upon a schedule for the
performance of the County's services, allowing time for the City
Project Manager to review the work. .
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2. City of Ashland- City
a) City will supply a Work Order, in the general form provided as -
Exhibit A, for each job with Project Work Specifications. Each
job will be unique.
b) City will supply a person to inspect the work of the County. City
will not be on site supervising the County work crew.
3. COUNTY - County agrees to:
a) Perform directly the work under this Agreement as described in
work order referred to in subparagraph III.2.(a).
b) County agrees to provide all equipment, tools, labor and
materials required to carry out the specifications of the projects.
The work shall be performed using the County's own equipment.
The County shall furnish all supplies and parts.
c) County agrees to perform the work expeditiously in conformance
to specified Work Orders and in accordance with relevant
industry standards.
d) County agrees to provide a Work Crew Supervisor on site to
directly supervise and lead clients on the crew.
B. CHANGES IN WORK
The County will perform no work beyond that described in the Work Order
except pursuant to written change orders submitted to the County by City.
IV. TERM
The term of this agreement shall begin on the date all parties have signed the
agreement and terminate on June 30, 2014.
V. CONSIDERATION
A. City shall be billed by the County, per eight hour day, the following rates:
Job T e AD)IMItimfl(AcIlenO Pike Pe
Work Crew 6 $400.00
Brushing Crew 6 $450.00
Chipper Rental $127.50
Chipping Crew 2 $450.00
B. Reimbursement for work performed shall not exceed a maximum as may be
specified in the Work Order without written consent of both County and
city.
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C. Consideration shall be paid only after completed work has been inspected
and approved by City Project Manager, upon submission of invoice.
Invoices for all work performed under this agreement shall be sent to City of
Ashland, Attn: Accounts Payable, 20 East Main, Ashland, OR 97530. City
agrees to pay invoice within (30) days of receipt providing County has met
all conditions and requirements of the agreement..
VI. TERMINATION
A. This agreement may be terminated immediately at any time by mutual
consent of both parties, or by either party upon (10) days written notice, in
writing, delivered by certified mail. Either party may terminate this
agreement effective immediately upon delivery of written notice to the other
under any of the following conditions:
1. If funding from federal, state, or other sources is not obtained and
continued at levels sufficient to allow for purchase of the indicated
quantity
2. If federal or state laws, rules, regulations, or guidelines are modified,
changed or interpreted in such a way that services are no longer
allowable or appropriate for purchase under this agreement or are no
longer eligible for the funding proposed for payment authorized by this
agreement.
3. If any license or certifications required by law or regulation to be held
by County to provide the services required by the agreement is for any
reason denied, revoked or not renewed.
B. Any termination of this agreement under paragraph A of this section shall be
without prejudice to any obligations or liabilities of either party already
accrued prior to termination.
VII. DEFAULT
A. City by written notice to County of default, including breach of agreement,
may terminate the whole or any part of this agreement:
1. If County fails to provide services called for by this agreement, or any
extension thereof, or,
2. If County fails to perform any of the other provisions of this
agreement, or so fails to pursue the work as to endanger the
performance of this agreement in accordance with its terms, and the
receipt of written notice from City fails to correct such failures within
three days or such longer period as City may authorize.
B. The rights and remedies of City provided in this section shall not be
exclusive and are in addition to any other rights and remedies provided by
law or under this agreement.
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VIII. GENERAL CONDITIONS
A. RECORD MAINTENANCE
County shall keep and maintain complete and accurate records concerning
all aspects of the work. County shall allow City representative to examine
and copy records which are pertinent to the agreement while the work is in
progress and within six years after the completion of the work or
termination of the agreement. This includes a daily log of who worked at
each site on each day.
B. ASSIGNMENT
County shall not assign or transfer interest in this agreement without the
express written consent of the City.
C. AMENDMENTS
Terms of this agreement shall not be waived, modified, supplemented or
amended, in any manner whatsoever except by written instrument and as
signed by both parties.
D. FORCE MAJEURE ✓
County shall be responsible for delay or default by fire, riot, acts of God and
war, which is beyond the County's reasonable control.
E. WAIVER
The failure of City to enforce any provision of this agreement shall not
constitute a waiver by City of that or any other provision.
F. INDEMNITY
To extent permitted by the Oregon Tort Claims Act, County will indemnify
and defend City from any claim or liability resulting from error, omission,
or act of negligence on the part of the County, its officers, employees, or
agents in the performance (or nonperformance) of work done pursuant to a
Work Order provided by City provided, however, that neither party shall be
required to indemnify the others for any claim, loss or liability arising solely
out of the wrongful act of the others officers, employees, or agents.
G. INSURANCE
The County is self-insured and maintains adequate and appropriate types of
insurance coverage in amounts no less than state law requires for workers
compensation, comprehensive general liability covering both body injury
and property damage, and automobile liability covering both bodily injury
and property damage. Should other parties require that additional insurance
coverage beyond State of Oregon levels be maintained throughout the term
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of this agreement, such parties agree to reimburse County for the additional
cost as determined by the County Risk Management Office.
H. COMPLIANCE WITH APPLICABLE LAW
County agrees to comply with all federal, state, county and local laws,
ordinances and regulations applicable to the agreement.
I. MERGER
This agreement constitutes the entire agreement between the parties. No .
waiver, consent, modification or change of terms of this agreement shall
bind either party unless in writing and signed by both parties. Such waiver,
consent, modification or change, if made, shall be effective only in the
specific instance and for the specific purpose given. There are no
understandings, agreements, or representations, oral or written not specified
in this agreement regarding this agreement. County, by the signature of its
authorized representative, hereby acknowledges that it has read this
agreement, understands it and agrees to be bound by its terms and condition.
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IN WITNESS WHEREOF, COUNTY and CITY OF ASHLAND have executed this
agreement as, the date, signature below.
COUNTY CITY OF ASHLAND
-DANNY JORDAN
V~1
CoNntyAdmirdstrator
(Printed Name) (Printed Name)
y1~~,~2
(Title) (Title) r1
(Signature) (st (Signature) t.' (Date)
APPROVED AS TO FORM
Exempt
J. Ryan Kirchoff Y..
Senior Assistant County Counsel
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Project Work Order Form
Jackson County Community Justice
Scheduling -Frank Drake: 774-6638
Questions - Linda Sawyer: 774-6637
Fax: 774-6629
Requesting Agency:
Contact Person:
Phone Number: Cell Number: Fax Number:
Coordinating Project Manager in the field who will explain the project and specifications,
what equipment needed, plan work schedules:
Project Manager and Phone Number:
Description of project, equipment or tools requested, special consideration or restrictions:
Requested Date: Ongoing:
Agency Representative: Date:
CJTC Representative: Date:
Please fax request to 774-6629
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WY , D.. Page 1 / 1
Roblaub Park QICDmmiog loft DATE PO NUMBER
20 E MAIN ST. 7112/2013 00234
ASHLAND, OR 97520
(541) 488-5300
VENDOR: 000457 SHIP TO:
JACKSON COUNTY
10 SOUTH OAKDALE AVENUE
MEDFORD, OR 97501-2952
FOB Point: Req. No.:
Terms: net Dept.:
Req. Del. Date: Contact: Bruce Dickens
Special Inst: Confirming? NO
Quantity Unit Description Unit Price Ext. Price
WORK CREWS ESTIMATE/INTERGOVERNMENTAL 22,000.00
Aqreement. Contract valid until June
30, 2014
SUBTOTAL 22 000.00
BILL TO: - TAX 0.00
FREIGHT 0.00
TOTAL 22,000.00
Account Number Project Number Amount Account Number Project Number Amount
E 211.12.02.06.60410 22,000.00
a~
Authorized Signature VENDOR COPY
FORM#3 CITY OF
ASHLAND
A rcques~ 'tor a Purchase order
REQUISITION Date of request: 7~3~1
Required date for delivery:
Vendor Name 1 AC~~S~ l [~P7Il/h T (-i i
Address, City, State, Zip jo - LQ OI-) K_r)ALe_ f} IBC M~~ 7~1~ 0d;7 q -7 4D
Contact Name & Telephone Number St{l - 77 y / l0 7
Fax Number
SOURCING METHOD
❑ Exempt from Competitive Biddinq ❑ Emeroencv
❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization
❑ AMC 2.50 Date approved by Council: _ ❑ Written quote or proposal attached
❑ Written quote or proposal attached
❑ Small Procurement Cooperative Procurement
Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ Slate of Oregon -
❑ Direct Award Date approved by Council: Contract #
❑ Verbal/Written quote(s) or proposal(s) ❑ State of Washington
Intermediate Procurement ❑ Sole source Contract #
GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract
$5.000 to $100.000 ❑ Written quote or proposal attached Agency
❑ (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract #
PERSONAL SERVICES ❑ Special Procurement Intemovemmental Agreement
$5,000 to $75,000 ❑ Form #9, Request for Approval ❑ Agency -
❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council:
❑ (3) Written proposals/written solicitation Dale approved by Council: (Date)
❑ Form #4, Personal Services $5K to $75K Valid until: Date
Description of SERVICES Total Cost
b061 K- C 2 b0f? ~~TtM)) errv~ln,C E1 z~. HG/er~~mnl eJ ~e&rien KR~~ nM.r I
ee ~-c `-7- 6,4 (/awe c~ 6e 2Ve-( ;mac -e a0! $ U6
Item # Quantity Unit Description of MATERIALS Unit Price Total Cost
TOTAL COST
❑ Per attached quote/proposal $
Project Number Account Number -
Account Number ~~-_~Z._C1L(1~.L1J*01. Account Number
'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures.
IT Director in collaboration with department to approve all hardware and software purchases:
ITDirector Date Support -Yes/No
By signing this requisition form, I certify that the City's public contracting requirements hav Nolen satisfied.
Employee Signature: YIW~~_J J~~ a (J J Department Head Signature: i~---
_ (Equal to or greater than $5,000)
City Administrator:
Funds aroriated for current fiscal ear: Q) (Equalto orgreaterthan $25,000)
PP P Y / NO ~AIln)U;t;~- ~~/,i bC / t ~(7
Financ6 Director- (Equal to orgreaterl6an $5,000) Date I `
Comments:
Form #3 - Requisition