HomeMy WebLinkAbout2012-238 IGA - Jackson Cty Roads - Bear Creek Greenway INTERGOVERNMENTAL AGREEMENT
FOR THE JOINT MANAGEMENT OF
THE BEAR CREEK GREENWAY CORRIDOR
This Intergovernmental Agreement,hereinafter referred to as`Agreement", is made and entered into this_day
of ,200.by and between Jackson County,acting by and duough its Board of Commissioners,
hereinafter referred to as"County',and the cities of:Asliland;Central.Point; Medford; Phoenix;and Talent,actin_
by and through their respective elected`offiicials,hereinafter referred to as"Cities."
STATUTORY AUTHORITY
A. By the authority granted in ORS 190.010 County and Cities may enter into cooperative.
Agreements for the performance of any or all functions and activities that Parties to the Agreement
have authority to perform. By signature on this Agreement,Cities certify that they meet the
criteria of ORS 190.010 to participate in this cooperative Agreement. _
B. By the authority granted in 190.010 County and Cities agree to form all advisory body;to be
Imown as the Bear Creel:Greenway Joint Powers.Committee (JPC).
RECITALS
A. WHEREAS,the Bear Creek Greenway is near completion;and
B. WHEREAS,it is the desire of the County and the Cities of Ashland;Central Point;Medford;
Phoenix;and Talent,to promote and maintain the Bear Creek Greenway as.a whole unit from -
Nevada Streefin Ashland to Pine Street in Central Point;and
C. WHEREAS,effective,consistent management to promote and maintain the Bear Creek Greenway
requires the coordinated participation,operation,and financial support of-die County,and the
Cities of Ashland;Central Point;Medford;Phoenix;and Talent,and
D. WHEREAS,die County and the Cities of Ashland;Central Point;Medford;Phoenix;and Talent;
hereinafter referred to collectively as the"Parties",desire that an Intergovernmental Agreement be
entered into in order to provide for the promotion and maintenance of the Bear Creek Greenway,
hereinafter referred to as the"Greenway".
NOW THEREFORE IT IS AGREED AS FOLLOWS:
1. The Parties enter into this Agreement to jointly provide for die consistent financial support,management,
promotion and maintenance of the Greenway.The Advisory Committee formed by this agreement shall be
called the Bear Creek Greenway Joint Powers Committee(JPC).
2. The governing body of each of the Parties shall select an elected official or designee to serve as a
representative on the JPC.Each governing body shall provide to JPC staff official notification of the
appointment;such notification shall be retained in the files of JPC.The JPC shall elect,by a majority of
the members present,a chair and a vice chair on.a yearly basis.The first JPC meeting will be held within
thirty(30)days after the.Joint Powers Agreement is adopted by all parties. The JPC.shall establish a
quarterly meeting schedule,or a more frequent meeting schedule if necessary,and provide proper notice of
said meetings to the public in accordance with the instructions of the chair and applicable law.Staff support
will be.provided in accordance with Exhibit A,Table 11,column B.
3. No decision can be made by JPC unless a quorum is present.A majority of.the JPC constitutes a quorum
for the transaction of JPC business. All decisions made by JPC shall be made per simple majority of
members present vote,unless otherwise provided herein.
4. Each Party shall pay its annual obligation for major maintenance and staffing of JPC as shown in Exhibit
A,Table 11,Column C, to the Bear Creel:Greenway Trail Major Maintenance Fund,which will be handled
is a separate and distinct set of accounts within Jackson County's Bear Creel:Capital Project Fund.. Initial
payments shall be tirade to Jackson County within six (6) months of the signing of this Joint Powers
Agreement or no later than August 15..2008. Subsequent annual payments shall be made to Jackson County
on or before August 1 of each of the following years.The Jackson County Bear Creel:Capital Project Fund
is established within die Jackson County budget.Jackson County will have fiduciary responsibility for
these Funds.Expenditures from these Funds will only be made by approval of the JPC by a two-thirds
majority vote of the JPC representatives.
5. Each jurisdiction will be responsible for regular annual funding for operation and maintenance of the trail
within their respective city limits or boundaries approved-by JPC as shown in Exhibit A,-Table I, Column
D.Each year rthe jurisdictions shall strive to appropriate atleast-die same amount.Regular;routine
maintenance is described in the Bear Creel:Greenway Management Plan,which is herein incorporated in
its entirety by reference,and footnote 2 of Exhibit A.
6. if any Party expends funds for major maintenance u•ithout.JPCapproval or authority,the Party shall defend,
indemnify,and hold harmless the Parties and their officers,employees;and agents from all claims and
resulting damages,judgments,penalties,attorney fees,litigation expenses,arbitration expenses,and other
expenses and liabilities that arise from unapproved or unauthorized actor acts.
7. At three(3)year intervals,the Bear Creek Greenway Management Plan and the Funding Table.(Exhibit A)
will be examined and revised by JPC representatives as necessary and approved by two-thirds majority
vote of JPC representatives.Any revisions shall be forwarded to.Jackson County and to the Cities(to the
Parties)for approval by their respective governing bodies.That approval shall be communicated to JPC in
writing and maintained in JPC files maintained by JPC staff; the staff is described in paragraph 8,below.
8. For the initial three.(3)year period,Jackson County will provide JPC staff support.Jackson County shall be
reimbursed for the cost of the position from die Bear Creek Greenway Trail Major Maintenance Fund and
the Jackson County Pedestrian/Trails Fund as reflected.in Exhibit A,Table H. Subsequent funding for staff
support will be negotiated among the member jurisdictions and approved by a two-thirds majority vote of
JPC.
9. The JPC shall,on an annual basis,establish a priority schedule.for major maintenance projects.
10. For the purposes of this Agreement, operational guidelines,capital improvement projects and major and
ordinary maintenance activities are described ui the Bear Creels Greenway Management Plan,2005-2010.
11. Any of the parties to this Agreement, with approval of JPC by majority vote of all representatives, may act
as a project administrator to ]tire contractors to perfomi major maintenance and capital improvements for
projects identified on a JPC priority list.Project Administrators are required to follow all public contracting
rules and regulations.Up to five percent(5%)of project costs will be reimbursed to the project
administrator.Project costs include preliminary engineering(PE),construction engineering(CE-),and
construction costs. A report of actual project costs will bepresented to llie JPC.
12. This Agreement shall be of perpetual duration unless any Party gives written notice to each other Party of its
election to withdrawal least one hundred and eighty(180)days prior to the due day of an annual payment as
described in paragraph 4, above. If any of the parties withdraws form the Agreement,a majority of the-
remaining JPC members will review the Agreement and submit recommended revisions to Exhibit A;those
recommended revisions shall be.fienvarded to each governmental.body for approval.The remaining JPC .
members may also decide to reconnnend disbanding the JPC and teaninating this Agreement.
13. Cash payments to the Major Maintenance Fund are shown in Exhibit A.Table I1,Column C attached.
14. Notwithstanding any other provision of this Agreement.to the contrary,in the event insufficient funds are
appropriated for the payineriN under this Agreement and the member has no other lawfully available funds,
then the member may terminate this Agreement at the end of its current fiscal year,with no further liability
or penalty to JPC. The member shall deliver written notice to JPC of such termination.no later4tan thirty
(30)days from the determination of non-appropriation.
15. Each Party to this Agreement shall maintain self insurance or insurance coverage:
16. Subject to the limitations and conditions of the Oregon Tort Claims Act,ORS 30:360 el seq.,and Article XI,
Section 7 of the Oregon Constitution,each Party to dtis Agreement shall each other harm less from and
against liability for damage to life,person,or property arising solely from the negligence of any one or
combination of Parties,their respective officers,divisions,agents,employees,:and members in providing
services to any Party under this Agreement.
17. Tltis Agreement may not amended,changed or modified in any way,except by written Agreement signed
by all Parties hereto.
15. This Agreement contains the entire Agreement between die Parries hereto and supersedes,any and all prior
express and/or implied statements,,negotiations and/or Agreementsbetweendie Parties,either oral or
written.
IN WITNESS WHEREOF,the Parties hereby enter into this Agreement.
Each Party,by signature below of its authorized representative, hereby acimowledges 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 to execute this AgreemenL
CITY OF ASHLAND (� CITY OFF CENTRAL POINT �-
By: Date By: Date
f /OI/F M D RD O "t CITY OF PHOENIX
l�G ate D.
y: Date By: `-- Date
.CITY OF TALENT JA K ON COUNT
By: Date By: DA Q AN 4D,
Co ministrator
Z �V _nnor
Assiatant County Counsel
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Page 1 / 1
CITY RECG^DER
/ Ashland Park Commission DATE PO NUMBER
20 E MAIN ST. 9/21/2012 00152
ASHLAND, OR 97520
(541)488-5300
VENDOR: 000691 SHIP TO: .�
JACKSON COUNTY ROADS & PARKS
200 ANTELOPE ROAD
WHITE CITY, OR 97503
FOB Point: Req.No.:
Terms: net Dept.:
Req.Del.Date: Contact: Bruce Dickens
Special Inst: Confirming? No
Quantity Unit - Description Unit Price Ext.Price
Annual maintenance contribution for 11,931.00
Bear Creek Greenwav
Per attached Intergovernmental Aqreement
l
SUBTOTAL 11 931.00
BILL TO: TAX 0.00
FREIGHT 0.00
TOTAL 11,931.00
Account Number Project Number. Amount . Account Number Project Number Amount
E 211.12.02.06.60416 11 931.00
Author' Slgnatur VENDORCOPY
FORM #3 CITY of
eev ASHLAND
0, d
REQUISITION Date of request: 11111 -L.
Required date for delivery: 1,311
• Vendor Name 9 5 _
Address,City, State,Zip 77 j c� � -- �7 (vim 1M /y)� I5a
Contact Name&Telephone Number Cry( _ -72`)T�n���
Fax Number P-Lima E341 - -7 -1 q—,Rlg�l
SOURCING METHOD
❑ Exempt from Competitive Bidding ❑ Emergency
❑ Reason for exemption: , ❑ Invitation to Bid (Copies on file) ❑ Form#13,Written findings and Authorization
❑ AMC 2.50 Dale approved by CouncilL ❑ 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 appro ed by Council: Contract#
❑ VerballWrilten quote(s)or proposal(s) ❑ State of Washington
Intermediate Procurement Sole So ce Contract
GOODS&SERVICES ❑ Applicabl orm(#5,6,7 or 8) ❑ Other governmentagency.contracl
$5.000 to$100.000 Writfe uo or proposal atached Agency \
❑ (3)Written quotes attached ❑ For #4, Per gal Services$SK to$75K / Contract#
PERSONAL SERVICES Intergovernmental Agreement ,
❑ S eci#%Reque font Agency u/�'' -co`-C�"�""�
$5 000 to$75.000 _ ❑ rm#g,Request for Approval
El Less than$35,000,by direct appointment El Written original contract approved by Council;Written quote or proposal attached (Date)
El (3)Written proposals attached Date approved by Council:
❑ Form#4, Personal Services,$5Kto$75K Valid until: Date I t/' sryL�/ -��ik-'�t7t�zct12000Z2<
Description of SERVICES ��_ Total Cost
r ..
t1 uc� f Syr) rl(�Iha
$ Il17 :
Item # Quantity Unit Description of MATERIALS Unit Price Total Cost
TOSAL'CO$T::
❑ Per attached quotelproposal
Project Number_�t_____-___ Account Number___•__•__• -
Account NumberoCll_-12.-OZ (f1 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:
IT Director Date Support-Yes/No
By signing this requ itiioon��,forrm,,I certify that the City's public contracting requirements have her satisfied.
Employee Signature: Department Head Signature:
qual to or greater than$5,000)
Additional signatures(if applicable): Q
Funds appropriated for current fiscal year: (9E / NO ( L
Finance Director-(equal to org terthen$5,000) Date
Comments:
Form#3-Requisition