HomeMy WebLinkAbout2007-173 Agrmt - Jackson Cty Community Justice
JACKSON COUNTY
Community Justice
February 28, 2007
City of ....tdJ1and
Attention: Karl Olsen
90 N Mountain Ave
Asbland OR 97520
ATT: Karl Olsen
RE: Master Participating Agreement
Dear Karl:
Enclosed is your fully executed Master Participating Agreement
We look forward to doing business with you.
Sincerely,
~.
~
0f1ice Assillhntt
TrDIitioal C_ter
ICaJce ....
0jfIcI.-,.,."
1lIOlI8cdI Pdc ~
PhoInIx. OR I7I111i
Ptlane: 141-7744837
FIDC 141-77.....
......~llllIlIlIV.cxg
www,JlcDol~.cxg
MASTER PARTICIPATING AGREEMENT
2005-2006-09
Between
JACKSON COUNTY COMMUNITY JUSTICE
And
CITY OF ASHLAND
I. . ORS 190 AGREEMENT WITH THE CITY. OF ASHLAND
This Participation Agreement is hereby entered into by and between the Jackson County
Community Justice, hereinafter known as the County, and City of Ashland, hereinafter
known as the City. A unit of local government may enter into a written agreeme1it with any
other unit or units of local government for the perfoQDince of any or all functions and
activities that party to the agreement, its officers or agencies have authority to perform.
(ORS 190)
n. 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. The City is responsible maintaining the land and serving the people within City of
Ashland. The parties have a mutual interest in maintenance of the aforementioned
maintaining the land and serving the people. The City and the County desire to
cooperate in a program ofimproviDg resources in the City and to do such work. with
Community Justice Work. Crews. Work. will consist of maintaining the grounds of
city buildings, cemeteries and parks, trail maintenance, litter pick,:up, cleaning
ditches, fuel reduction, chipping, bJ:p.alring and eJD.ptying bags ofleaves and mmilRl'
manual work.
. C. City can facilitate and accomplish work projects for the City by hosting the Jackson
County Community Justice Work. Crews, which provide work. and training
opportunities for the crews.
m AGREEMENT
A. RESPONSffiILITIES
In consideration of the above premises, the parties agree as follows:
(1) Mutual - County and City shall mutually agree upon a schedule for
1
r" r
the performance of the County's services, allowing time for the City
Project Manager to review the work.
(2) City of Ashland ~ity
(a) City will supply a Work Order, in the general form provided
as Exhibit ~ for eachjob 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 ill
(2Xa).
(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
p1.U'SU8llt to written change orders submitted to the County by the City.
IV. TERM
The term of this agreement shall begin on the date all parties have signed the agreement
and terminate on June 30, 2008.
2
v. CONSIDERATION
A. City shall be billed by the County, per eight hour day, the following rates:
Job Type Minimum ## of Clients Price per crew Oll1llltal
Work Crew 6 400.00
Bmshing 6 4S0.OO
Chipper Rental 127.S0
Chipping Crew 2 4S0.OO
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.
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 sentto City of Ashland, Attention:
Michael MoDison JR, 90 N Mountain Avenue, Ashland OR 97520. 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:
(I) If funding from federal state or other sources is not obtained and continued
at levels sufficient to allow for purchase of the indicated quantity of
services, the agreement may be modified to accommodate.reduction in
funds.
(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 sJW1 be
without prejudice to any obligations or liabilities of either party already accrued
prior to termination.
3
VB. 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.
vm. GENERAL CONDmONS
A. RECORD MAINTENANCE
County shall keep and maintain complete and accurate records concerning all
aspects of the work. County shall allow City representative to ~Amine 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 &t 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. FORCEMAJEURE
County shall not be responsible for delay or default by fire, riot, acts of God and
war, which is beyond the County's reasonable control.
E. VI AIVER
4
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 Ordel'
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.
O. 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 bodily 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 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 ~ to be
bound by its terms and conditions.
5
IN WITNESS WHEREOF, COUNTY and CITY OF ASHLAND have executed this agreement
as the date signature below.
COUNTY
l1ANNY JORDAN
~ty Adminislrator
(Printed Name)
CITY OF ASHLAND
(fitle)
~r:.;t
2-/!af7
ate)
~
UI lu~~
(Printed Name)
/:.",'" s"tS / F-Al. f),u~
itle)
~,J. io^4?- ~~~?
(Signature) (Date)
APPROVED AS TO FORM:
G'{~
Douglas M McUeary
Assistant County Counsel
6
Project Work Order Form
Jackson County Community Justice
Scheduling - Frank Drake: 774-6638
QuestiODl - Kayee Brown: 774-6637
Fax: 774-6629
Requesting Agency:
Contact Person:
Phone Number:
Cell Number:
Fax Number:
Coordil1ating 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:
CJTC Representative:
Please fax request to 774-6629
Date:
Date:
7
r.,
CITY OF
ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
CITY RECORDER'
Page 1 / 1
Y
r--::l
VENDOR: 002698
JACKSON COUNTY, COMMUNITY JUSTICE
100 SOUTH OAKDALE ROOM 101
MEDFORD, OR 97501
SHIP TO: Ashland Fire Department
(541) 482-2770
455 SISKIYOU BLVD
ASHLAND, OR 97520
FOB Point:
Terms: Net
Req. Del. Date:
Speclallnst:
Req. No.:
Dept.: PUBLIC WORKS
Contact: Keith Woodley
Confirming? No
Wildfire Fuels Reduction Work FY 2008
Brush CuttinQ / ChippinQ Services
City Property and Private Lands
20,000.00
Jackson County Community Justice Master
ParticipatinQ AQreement 2005-2006-09
Termination date: June 30, 2008
BILL TO: Account Payable
20 EAST MAIN ST
541-552-2028
ASHLAND, OR 97520
SUBTOTAL
TAX
FREIGHT
TOTAL
A<' -i...- ~ 7. ~
Auth ed Signatute
VENDOR COPY
A request for a Purchase Order
REQUISITION FORM
efT Y OF
ASHLAND
Date of Request:
THIS REQUEST IS A:
o Change Order(existing PO #
Required Date of Delivery/Service:
Vendor Name
Address
City, State, Zip
Telephone Number
Fax Number
Contact Name
.JA~K~ON ~Ol INTY ~OMMI INITY .11 I~TI~F
100 South Oakdale. Room 101
Medford, OR 97501
(541 ) 774-6637
(541) 774-6628
.OLI~ITATION PKOI;I:_
Small Procurement o Sole Source 0 Invitation to Bid
o Less than $5,000 o Written findings attached (Copies on file)
o Quotes (Optional) o Quote or Prooosal attached
CooDeratlve Procurement 0 Reauest for ProDosal
o State of ORfWA contract (Copies on file)
Intermediate Procurement o Other government agency contract XX SDec1a11 ExemDt
o (3) Written Quotes 0 Copy of contract attached o Written findings attached
(Copies attached) o Quote or ProDOsal attached
0 Contract # o Emeraency
o Written findings attached
o Quote or ProDOsal attached
Description of SERVICES
Wildfire Fuels Reduction Work
Brush Cutting / Chipping Services
City Property and Private Lands
Jackson County Community Justice Master Participating
Agreement 2005-2006-09, Extended to 6/30/2008.
Description of MATERIALS
Item '# Quantity
Unit
Unit Price
Total Cost
Project Number _ _____ - ___
D Per attached QUOTE
Account Number 670-08-29-00-604160
· Items and seNices must be charged to the appropriate account numbers for the financia/s to reflect the actual expenditures accurately.
By signing this requisition form, I certify that the information provided above meets the City of Ashland public contracting requirements,
and the documentation can be provided upon request.
Employee Signature:
Supervisor/Dept. Head Signature:
1~ I-- L.J~j
G: Finance\ProcedureIAP\Forms\JC Community Justice Requisition.doc
Updated on: 7/2412007