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Home My WebLink About2021-048 IGA COA & Jackson County INTERGOVERNMENTAL:AGREEMENT. BETWEEN THE CITY OF ASHLAND,OREGON;AND JACKSON COUNTY . . . . FOR FINGERPRINTING SERVICES. This INTERGOVERNMENTAL AGREEMENT(hereinafter."Agreement") is entered into by andbetween the CITY OF-ASHLAND,an Oregon.inunicipal corporation(hereinafter.°`CITY"),.. :: and JACKSON COUNTY,a political subdivision of the State of Oregon(hereinafter.: "COUNTY").,.for fingerprmtmg services at the Jackson County:Jail. = : RECITALS A. Due to the ongoing COVID-.19 pandemic,..the CITY is currently unable to provide . fingerprinting services through its police department: B. The COUNTY is currently::providing fingerprinting services at the Jackson County Jail:. C. The COUNTY has the resources to provide such fingerprinting services for the CITY, and 'D. The CI-TY desires to contract with the COUNTY for the provision of fingerprinting services. for a specified period of time; and: _ :: • E. CITY.and:COUNTY are authorized to enter into such an agreeinerit.pursuantao Chapter 190. _� � : of the.Oregon Revised Statutes. . : AGREEMENT NOW THEREFORE,:in consideration of the terms and conditions contained herein;it is• mutually agreed by the CITY and the.COUNTY as follows: 1. .Fingerprinting Services by the COUNTY. The COUNTY agrees to provide.fingerprinting . : . services at the Jackson.County Jail located at 787'West Eighth Street,Medford, Oregon, on an as-needed basis: .Fingerprinting services will be provided between the hours of 9:00 a.m. and 4:00 p.m., Monday through Thursday: • : .2. Cost of Services - 2.1 The CITY shall pay the COUNTY the sum of$40.00 (forty U. S. dollars)per individual to.whom the COUNTY provides fingerprinting services for the CITY.pursuant to • this Agreement. 2.2. In no event shall the CITY's total of all compensation and reimbursement under this Agreement exceed the sum of$4,000.00 (four thousand U.S. dollars)without the:express, . written approval from the CITY official whose signature appears below, or such official's - . . successor in office: • PAGE 1 OF 4: IGA BETWEEN THE CITY OF ASHLAND'AND JACKSON COUNTY FOR FINGERPRINTING SERVICES . "3. Term.: This Agreement shall be effective as of the date of execution by all parties as set forth.below(the`Effective Date"). If the parties sign on-separate dates,the latter date shallbe the Effective.Date. This Agreement and shall continue in full;force:and effect until June.30, 2022,unless sooner terminated as provided in Section 4,below: . • 4. Termination. 4.1 The CITY and COUNTY may terminate this Agreement by mutual agreement at any time. 4.2 Either party may,upon not less than:thirty(30) days'.prior:written notice to the other; .. terminate this Agreement for any reason. 5. Independent Contractor. The COUNTY is acting as an independent contractorand isnot an employee of the CITY for any purpose. . 6. Insurance. 6:1 The CITY shall, at.itsown expense,obtain and maintain during the term of this. Agreement a policy or policies of liability insurance including commercial general liability insurance with a combined single limit, or the equivalent, of not less than$2,000;000,(two • million dollars)per occurrence for Bodily Injury,Death; and Property Damage. The.CITY shall name COUNTY,it's officers,agents, employees, and elected officials as an additional : insured for purposes of this Agreement: 6.2 The COUNTY shall,at its own expense, obtain and maintain duringthe term of this • Agreement a policy-or policies of liability..insurance including commercial general liability insurance with:a combined single limit,or the-equivalent; of riot less than$2,000;000.(two million dollars)per occurrence for Bodily Injury,Death and:PropertyDamage. .The COUNTY shall name CITY, it's officers, agents, employees,and elected:officials as an additional insured for purposes of this Agreement..Notwithstanding the.foregoing;:COUNTY may partially or fully meet the obligations of this section by means of:self_insurance.: . • 7. Indemnification. 7.1 To the extent permitted by the Oregon Constitution and the Oregon Tort Claims Act,the CITY shall indemnify,defend,hold harmless,and save the COUNTY, its elected officials, officers, andemployees from and against any and all claims,suits,actions,:losses, damages, liabilities,costs;and expenses of any nature resulting from or arising out of the negligence or intentional misconduct of the CITY,'its elected officials, officers, employees, or agenta acting under this Agreement. PAGE 2 OF 4:.IGA BETWEEN THE CITY OF ASHLAND AND JACKSON COUNTY FOR .. FINGERPRINTING SERVICES 7.2. To the extent permitted by the Oregon Constitution and the Oregon Tort Claims Act,the. COUNTY shall indemnify,defend,hold harmless, and save the CITY, its elected officials, officers;and employees from and against any and allclaims, suits, actions,losses, damages, liabilities, costs, and expenses of any nature resulting from or arising out of the negligence or intentional misconduct of the COUNTY, its elected officials, officers, employees; or agents. acting:under this Agreement.' 8. Force Majeure. Neither party to this Agreement shall hold the other responsible for damages or delay in performancecaused by acts of God, strikes,lockouts, accidents, or other events . _ beyond the control of the other or theother's officers,employees, or-agents. 9. Notice. Whenever notice is required or permitted to be given under-this Agreement,such . notice shall be given in writing tothe other party:. by personal delivery;by sending via a reputable commercial overnight courier; or by Mailing using registered or.certified United States mail,return receipt requested;postage prepaid,,to the address(es) set forth below:: - IF TO CITY: CITY OF ASHLAND POLICE DEPARTMENT Attn: Tighe O'Meara, Chief 1155 East Main Street Ashland, Oregon 97520 Email: tigheomeara@ashland:or.us IF TO COUNTY: JACKSON COUNTY SHERIFF'S OFFICE Attn: Sue Watkins 5179 Crater Lake Highway. Central Point, Oregon: 97502 Email: watkinsj@jacksoncourity.org 10. Governing Law. This.Agreement shallbe governed by the laws of the State of Oregon without regard to conflict of laws principles: Exclusive:venue for litigation ofany action arising under this Agreement shall:be in the Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court, in whichcase exclusive venue shall be in the federal district court for the district of Oregon: 11. Amendments. This.Agreement may be amended at any time by the mutual written agreement of:both the CITY:and the COUNTY. 12. Entire Agreement This Agreement contains the complete understanding of the parties with respect to the subject matter hereof. Any prior agreements,promises,negotiations, or representations of or between the parties, either oral or written,relating to the subject matter of this Agreement,whichare not expressly set forth in this Agreement, are null and void and of no further force or effect. PAGE 3 OF 4: IGA BETWEEN THE CITY OF ASHLAND AND JACKSON COUNTY FOR FINGERPRINTING SERVICES • 13.-Waiver. The waiver by either party of a breach or violation.of any provision of this Agreement shall not operate or be construed as a'waiver of any subsequent breach thereof :No delay or failure to require performance of any provision of this Agreement shall • constitute a waiver of that provision as to that or any other instance. 14. Severability: If any of the provisions contained in this Agreement are held illegal,invalid,or . unenforceableby a court of competent jurisdiction,the remaining provisions shall remain in full force and effect. " ' IN WITNESS WHEREOF the parties have caused.this Agreement to be signedin their respective names by their duly authorized representatives as of the dates set forth below. CITY OF ASHLAND.: "" JACKSON COUNTY: • : !. AI an/ Hanks,;City Manager Pro Tern_ „Danny Jordan,_County Administrator • 1T/ , 7 (301e-.- 1 . . ' . Datef Date • APPROVED: ," APPROVED: . . .. II AdA:4;01/ 1-ei . : ' - - ' 1 : . 1. ' ...)L .; : . .4eetei0 . Tighe O'1Vleara, Chief of Police " : : Nate,Sickler,Jac on County Sheriff } 1..q.-)-01):) . 1 • ' . //27)2-1 : - . . : . - Date : . . Date: ' ', edastoLegal ' ••-1: , : : . P-terPhilbric 0" - sit Assistant County Com PAGE 4 OF 4: IGA BETWEEN THE CITY OF ASHLAND AND JACKSON COUNTY FOR FINGERPRINTING SERVICES