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Home My WebLink About2022-019 IGA Lane County DocuSign Envelope ID:820FC5DC-307A-4E35-8773-258FB9A69BAC INTERGOVERNMENTAL AGREEMENT BETWEEN: Lane Council of Governments (LCOG), an organization of governments within Lane County, Oregon AND: City of Ashland (CITY), Oregon, a municipal corporation. EFFECTIVE DATE: March 1, 2022 RECITALS A. ORS 190.010 provides that units of local government may enter into agreements for the performance of any and all functions and activities that any party to the agreement, its officers, or agents have the authority to perform. B. Provision of services for the remuneration specified in this agreement will mutually benefit the parties. C. CITY and LCOG desire to enter into an agreement where-in LCOG will provide the services described in this agreement and Attachment A(attached hereto and incorporated herein by reference). AGREEMENT 1. Duration.The agreement term shall take effect on the Effective Date stated above and shall continue until the four new collective bargaining agreements between the CITY and the three unions representing its firefighters, electric utility employees, clerical and technical employees and public works employees are signed or until earlier terminated pursuant to Paragraph 4 of this agreement. 2. Services to be Provided. LCOG agrees to provide services to CITY as outlined in Attachment A, Work Program. 3. Compensation. CITY shall pay LCOG upon receipt of an invoice, which shall be issued quarterly unless otherwise agreed to by the parties in writing. The invoice will reflect hourly rates for Local Government Personnel Services members and non-members (Exhibit A) plus any direct expenses associated with the Work performed. Unless extended by a signed amendment,the total cost of this agreement shall not exceed $20,000. 4. Termination. Upon thirty days' prior written notice delivered to the persons designated in Paragraph 6 to receive notice, either party, without cause, may terminate its participation in this agreement. 5. Amendments. This agreement may be modified or extended by written amendment signed by both parties. 6. Administration. Each party designates the following person as its representative for purposes of administering this agreement. Either party may change its designated representative by giving written notice to the other as provided in paragraph 14. For LCOG: Pierre Robert For the CITY: Joe Lessard, City Manager 859 Willamette St., Suite 500 Katrina Brown, City Attorney Eugene, OR 97401-2910 20 East Main Street Ph: 541-359-9417 Ashland, OR 97520 Phone: (541)488-6002 7. Records/Inspection. CITY and LCOG shall each maintain records of its costs and expenses under this agreement for a period of not less than three full fiscal years following expiration or termination of this agreement. Upon reasonable advance notice, either party or its authorized representatives may from time to time inspect, audit, and make copies of the other party's records related to this agreement. DocuSign Envelope ID:820FC5DC-307A-4E35-8773-258FB9A69BAC 8. Indemnification. To the extent allowed by the Oregon Constitution and the.Oregon Revised Statutes, each of the parties hereto agrees to indemnify, defend, and save the other harmless from any claims, liability or damages including attorney fees, at trial and on appeal, arising out of any error,omission or act of negligence on the part of the indemnifying party, its officers, agents, or employees in the performance of this agreement. 9. Dispute Resolution. The parties shall exert every effort to cooperatively resolve any disagreements they may have under this Agreement. In the event that the parties alone are unable to resolve any conflict under this Agreement,they agree to present their disagreements to a-mutually agreeable mediator for mediation. Each party shall bear its own costs for mediation and the parties shall share the cost of the mediator. This mediation procedure shall be followed to its conclusion prior to either party seeking relief from the court, except in the case of an emergency. If the dispute remains unresolved through mediation, the parties may, bymutual written agreement, submit the dispute to arbitration, using such arbitration process as they may choose at the time and which includes the following conditions: a. The location of the arbitration shall be in Eugene, Oregon; -. b. Each party shall bear its own costs(except arbitration filing costs),witness fees, and attorney,fees; c. Arbitration filing costs and any arbitrator's fees will be divided equally between the parties; and d. Judgment upon the award rendered by the arbitrator may enteredin the Circuit Court in Lane County, Oregon. 10. Insurance. Each party working under this agreement is either a subject employer under the Oregon Worker's Compensation Law and shall comply with ORS 656.017,which requires each to provide Worker's Compensation coverage for all its subject workers, or is an employer that is exempt under ORS 656.126. 11. Subcontracting. LCOG shall not subcontract the Work under this agreement, in whole or in part,without the CITY's prior written approval. LCOG shall require any approved subcontractor to agree, as to the portion of the Work subcontracted, to comply with all obligations of LCOG specified in this agreement. Notwithstanding the CITY's approval of a subcontractor, LCOG shall remain obligated for full performance of this agreement and CITY shall incur no obligation to any sub-contractor. 12. Assignment. Neither party shall assign this agreement in whole or in part, or any right or obligation hereunder, without the other party's written approval. - 13: Compliance With Laws. LCOG shall comply with all applicable federal, state, and local laws, rules, ordinances, and regulations at all times and in the performance of the Work, including all applicable State and local public contracting provisions. -. 14. Notices. Any notices permitted or required by this agreement shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to the representative designated in paragraph 6. Either party may change its address by notice given to the other in accordance with this paragraph. 15. Integration. This agreement embodies the entire agreement of the parties. There are no promises, terms, conditions or obligations other than those contained herein.-This agreement shall supersede all prior communications, representations or agreements, either oral or written, between the parties. 16. Interpretation. This agreement shall be governed by and interpreted in accordance with the laws of the State of Oregon. LANE COUNCIL OF GOVERNMENTS: CITY of ASHLAND: oar.usigrted by By: �470D�,71_ By $'� Brendalee S. Wilson Executive Director ,doe Les- d City Manager er 3/4/2022 Date: Date: 3// oZ - Doc'uSign Envelope ID:820FC5DC-307A-4E35-8773-258FB9A69BAC ATTACHMENT A WORK PROGRAM On request of CITY, LCOG shall provide the following services: Provide legal advice, labor relations consulting and contract drafting services to the City Manager and the City's bargaining teams for the bargaining of successor agreements with the IBEW Local 659,the IAFF, Local 1269 and the District Council of Laborers, Local 737. LCOG:L:ITEMPLATESIIGA Revenue Template.doc Last Saved:March 3,2022 Exhibit A LGPS LOCAL GOVERNMENT PERSONNEL SERVICES 2021-2022 LGPS Fee Schedule Rates are per hour unless otherwise noted LGPS Member Non-Member Arbitration I Hearing Representation $190 $225 Labor Relations Consulting $190 $225 Human Resources Consulting $140 $170 Investigations 1 Background Checks $140 $170 Clerical $82.11 $82.11 Labor 1 Arbitration Travel Time $95 $110 HR I Investigation Travel Time $70 $80 Mileage IRS rate IRS rate Meals / Lodging / Parking GSA Per Diem GSA Per Diem Printing Per page, for projects over 50 pages. 18¢ 18¢ Hourly consulting rates are in addition to any clerical, copying, mileage, meals, &other reimbursable charges. Your Resource for Labor Relations and HR Assistance (541) 682-4283 www.lcog.org/lgps asklgps®a lcog.org 859 Willamette St., Suite 500 Eugene, OR 97401