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HomeMy WebLinkAbout2008-117 IGA - Jackson County Administrator INTERGOVERNMENTAL AGREEMENT FOR LIBRARY SERVICES City of Ashland and Jackson County This Agreement is entered into this & day of ~ , 2007 by and between THE CITY OF ASHLAND, Oregon, and JACKSON COUNTY, Oregon. The EFFECTIVE DATE of this Agreement is November 1, 2007. RECITALS A. ORS 190.010 permits units of local govenunent to enter into intergovernmental agreements for the performance of any or all functions and activities that a party to the agreement has authority to perform; and B. ORS357.410(3) permits units of local government to provide jointly a public library or public library services or share in the use of facilities, under such tenns and conditions as may be agreed upon. C. Jackson County has entered into a contract with Library Systems & Services, LLC (LSSI) to provide inter alia library services at the City of Ashland Branch at a level of service more fully described in the Professional Services Agreement Between Jackson County and Library Systems & Services, LLC. dated September 18, 2007; and D. The City of Ashland desires to supplement the level of service provided by LSSI to Ashland residents by providing funding to Jackson County to contract for additional services via an amendment to the Professional Services Agreement Between Jackson County and Library Systems & Services, LLC; and E. The City and County entered into an Agreement concerning the Ashland Branch of the Jackson County Library on February 1, 2000. The provisions of that agreement remain in full force and effect and any actions, claims or proceedings arising out of or pursuant to that Agreement are expressly not waived, amended or altered by this Agreement; NO'\', THEREFORE, in consideration for the mutual covenants contained herein the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. RECITALS. The recitals set forth above are true and correct and are incorporated herein by this reference. 2. DURATION AND OPTION TO EXTEND. [ORS 190.020(1)(e)]. The term of this Agreement shall be after approval and execution by both parties and shall expire on June 30,2009. The Ashland City Administrator has the option to extend this Agreement once, by twelve (12) months, by indicating in writing to Jackson County that an extension of the Agreement is sought under the same tenns and conditions of this Agreement and that the City has secured funding for the extension. Approval of the extension option is the sole discretion of Jackson County Administrator. Intergovermnental Agreement Library Services - City of Ashland and Jackson County Page 1 of7 3. FUNCTIONS OR ACTIVITIES. [ORS 190.020(1)] A. A detailed scope of services to be provided to the Ashland Branch of the Jackson County Library pursuant to the September 18, 2007, Professional Services Agreement Between Jackson County and Library Systems & Services, LLC. (Operations Agreement) is fully set forth in the Agreement, (including Table A) and includes generally the fun compliment of Jackson County Library Services, with 24 hours of Ashland Branch Library operation and six (6) full time employees (FTE) at the Ashland Branch, said Operations Agreement being incorporated herein by this reference. The additional services requested by the City of Ashland pursuant to this Intergov(,mmental Agreement shall be in addition to, and not in lieu of services provided by Jackson County to the Ashland Branch Library pursuant to the September 18, 2007, Operations Agreement. The City of Ashland recognizes and acknowledges that technological innovation, professional development, and maximum staff effectiveness in library operations, among many other factors, determines the total number of staff located at each particular library branch, and that the number has the potential likelihood to change. B. A detailed scope of services to be added by the proposed Amendment to the Operation Agreement (Enhanced Services) and the itemization of costs for such services, and required contract amendment provisions as contemplated in this Intergovernmental Agreement, including generally an additional 16 hours of Library operation per week, and up to three (3) full time employees (FTE) or the equivalent, is more fully set forth in Exhibit A attached hereto and made a part hereofby this reference. 4. PAYMENT. [ORS 190.020(1)(a)]. The City of Ashland shall promptIypay monthly to Jackson County for the cost of the additional services provided to the Ashland Branch of the Jackson County Library as contemplated in Exhibit A. Payment shall be made to Jackson County on or before the 5th day of each month in advance of the service due to the contractual payment obligations of Jackson County with the Contractor. Jackson County shall retain responsibility to make payment to Contractor in accordance with the Operations Agreement. 5. REVENUE. [ORS 190.020(1)(b)]. There are no revenues expected to be derived pursuant to this Agreement that need to be apportioned between the parties. All fees, fines and charges, collected by Jackson County's contractor, LSSI, as a result of the work performed by LSSI pursuant to the Amendment contemplated by this Agreement to provide enhanced services to the City. of Ashland shall be the sole property of Jackson County and LSSI, and Ashland shall have no claim or entitlement to such revenues. 6. PERSONNEL. [ORS 190.020(1)(c)]. No employees will be formally transferred between County and City pursuant to this Agreement and this Agreement does not change the status of any employee, contractor or officer of the respective parties.. Jackson County has an existing contractual relationship with LSSI and neither this Intergovernmental Agreement nor the Amendment contemplated herein shall change the contractor status of LSSI, its officers or employees or make any personnel of LSSI or Jackson County an employee or contractor of the City of Ashland. Intergovernmental Agreement Library Services - City of Ashland and Jackson County Page 2 of7 7. REAL OR PERSONAL PROPERTY. [ORS 190.020(l)(d)] There shall be no transfer of title or possession to any real or personal property pursuant to this Agreement. At the time this agreement is entered into by the City of Ashland and Jackson County, the City is the owner of the building and of all materials in the Library acquired prior to 1970. Jackson County is the owner of all the equipment and materials in the building including but not limited to books, furniture, shelving and library equipment. No provision of this Agreement shall expressly or impliedly operate as a waiver or release of any of the tenns, conditions or requirements of the 2000 Intergovernmental Agreement or otherwise act as a waiver or release of any demands, claims, actions or proceedings arising out of a violation or breach of the 2000 Intergovernmental Agreement, whether such breach concerns transfer or possession of real or personal property, or any other claim or action. 8. TERMINATION. A. TERMINATION by Mutual Consent: This Agreement may be terminated at any time by mutual consent of both parties. B. TERMINATION for Convenience: After the first twelve (12) months of the term hereof, this Agreement may be terminated at any time by either party upon at least 90 days' notice in writing and delivered by certified mail or in person. C. TERMINATION for Default or Breach: Either County or City may' terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking tennination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within fifteen (15) days of the date of the notice, or within such other period beyo~d fifteen (15) days as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. The rights and remedies of the parties provided in this subsection are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. D. OBLIGATION/LIABILITY OF PARTIES: Tennination or modification of this contract pursuant to subsections A, B, and C, above, shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections A, B, C, or D, of this section) County shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, County shall deliver to City all contract documents, infonnation, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay County for work performed prior to the tennination date if such work was perfonned in accordance with the Contract. Intergovernmental Agreement Library Services - City of Ashland and Jackson County Page 3 of7 E. NON-APPROPRIATION: Notwithstanding the termination provisions above, termination may occur for non-appropriation. Specifically, all City obligations to expend money under this Intergovernmental Agreement are contingent upon future appropriation as part of the City budget process and local budget law, and the failure of the Council and Budget Committee to make the appropriation shall necessarily result in termination of the Agreement. As such, in the event insufficient funds are appropriated for the payments under this Agreement and the City has no other lawfully available funds, then the City may terminate this Agreement at the end of its current fiscal year, with no further liability or penalty to the City. The City shaH deliver written notice to County of such termination no later than thirty (30) days from the determination by the City of the event of non-appropriation. 9. HOLD HARMLESS. The City of Ashland is not providing services but purchasing services through Jackson County's contractor. Accordingly, to the extent permitted by Article 11, Section 7, and Article 11, Section 10 of the Oregon Constitution and the Oregon Tort Claims Act, The parties both shall hold each other harmless, defend and indemnify the other from any and all claims, demands, damages or injuries, liability of damage, including injury resulting in death or damage to property, that anyone may have or assert by reason of any error, act or omission of the other, its officers, employees, agents and contractors pursuant to this Agreement or the Amendment contemplated herein. Such indemnification shall also cover claims brought against either party under state or federal employees' compensation laws. Provided however, Jackson County shall not be held responsible for any claims, actions, costs, judgments or other damages, directly and proximately caused by the criminal or wanton acts of the City of Ashland employees or the negligence of the City of Ashland. Similarly, the City of Ashland shall not be held responsible for any claims, actions, costs, judgments or other damages, directly and proximately caused by the criminal or wanton acts of the Jackson County employees or the negligence of Jackson County. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this indemnification. 10. MONITORING I REVIEW OF ENHANCED SERVICES. The Amendment shall provide for the right of the City to monitor and review the provision of enhanced services provided pursuant to this Agreement. County shall copy City, upon request by and at the expense of the City, with any regular reports on services and outcomes, or other ad hoc investigations that fairly include or touch on the provision of enhanced services paid for by the City of Ashland. Unless authorized in writing by the County Administrator, City shall Dot directly interact with Contractor or interfere with the operations of the County's contractor but shall bring all complaints and or issues regarding the provision of enhanced services to the County Administrator's attention. The County Administrator or his designee shall promptly respond to reasonable inquiries and requests for information regarding compliance and service issues received in writing from the City Administrator. As a result of such monitoring and review, needed changes, including but not limited to enhancements, modifications, (e.g. hours and days of operation), or other alterations, shall be addressed by mutual agreement by the Administrators of the County and City, with modifications to documents as necessary. Intergovernmental Agreement Library Services - City of Ashland and Jackson County Page 4 of7 11. METHOD AND PLACE OF GIVING NOTICE, SUBMITTING BILLS, AND MAKING PAYMENTS. All notices, bills, and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills, and payments sent by mail should be addressed as follows: City of Ashland Attn: Martha Bennett 20 East Main Street Ashland, Oregon 97520 Phone: 541-488-6002 Jackson County Attn: Danny Jordan 10 South Oakdale, Rm. 214 Medford, Oregon 97501 Phone: 541-774-6003 and when so addressed, shall be deemed given upon deposit in the United States Mail, postage prepaid. In all other instances, notices, bills, and payments shall be deemed given at the time of actual delivery. Changes may be made to the names and addresses of the person to who notices, bills, and payments are to be given by providing notice pursuant to this paragraph. 12. MERGER. This writing is intended both as the final expression of the Agreement between the parties with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement. No modification of this Agreement shall be effective unless and until it is made in writing and signed by both parties. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in two (2) duplicate originals, either as individuals, or by their officers, thereunto duly authorized. Dated this &-- day of iPe:IJter- City of Ashland, Oregon L-.- Intergovernmental Agreement Library Services - City of Ashland and Jackson County , 2007. Jackson County, Oregqn Approved as to Form: Q~ Senior Assistant County Counsel Page 5 of? Exbibit A Intergovernmental Agreement for Library Services between Jackson County and the City of Ashland, Oregon Scope of "Enhanced Services" : Jackson County shall amend the Professional Services Agreement Between Jackson County and Library Systems & Services, LLC. to provide the following additional services. a/kJaJ "Enhanced Services" at the specified rates and charges to the City of Ashland Branch of the Jackson County Library: . Full compliment of Jackson County Library services, as set forth in the Professional Services Agreement Between Jackson County and Library Systems & Services, LLC. providing for an additional 16 hours per week at the Ashland Branch, inclusive of all nonna) operations and staffing required for a total of 40 hours per week. (SEE NEW HOURS TABLE BELOW) · Three (3) additional full time employees (FTE) or the equivalent at the Branch location. Staffing preference includes two (2) FTE or the equivalent to cover the 16 additional hours of operation as well as an additional FTE or the equivalent for Library outreach activities. . NEW HOURS TABLE: MONDA Y TUESDAY WEDNESDA Y THURSDA Y FRIDAY SATURDAY SUNDAY BASE 12-8 12..4 2-6 12-4 CLOSED 12-4 CLOSED ADDED 10-12 10-12,4-6 10-2 4-5 CLOSED 4-5 12-4 NEW 10-8 10-6 10-6 12-5 CLOSED 12-5 12-4 The City of Ashland shall pay Jackson County $20,000/month from November 2007, through June 2008, for the 16 additional hours of full library service at the Ashland Branch [inclusive of (2) FfEs or equivalent] not to exceed $160,000; and S20,600/month from July 2008, through June 2009, not to exceed $247,200. If an extension to this Agreement is granted for an additional year, the cost shall be increased by 30/0. The City of Ashland shall also pay $7,083 per month from November 2007, through June 2008, not to exceed $56,664; and $7,295.49/month from July 2008, to June 2009, not to exceed $87,545.88 for the outreach activities [inclusive of 1 FTE or equivalent). If an extension to this Agreement is granted for an additional year, the cost shall be increased by 30/0. Scone of Additional contractual provisions: Jackson County shall amend the PrC?fessional Services Agreement Between Jackson County and Library Systems & Services, LLC. to provide for the following additional contractual provisions as they related to the provision of additional services to the City of Ashland Branch of the Jackson County Library: Intergovernmental Agreement Library Services - City of Ashland and Jackson County Page 60f7 Duration: Notwithstanding the duration of the Operation Agreement in Section 3.0, the Amendment shall not obligate the parties to provide the additional services set forth herein beyond the June 30, 2009 termination date for additional services. The Amendment may provide for an administrative extension of the Agreement amendment for up to 12 months, upon execution of an extension to this Intergovernmental Agreement. If an extension to this Agreement is granted for an additional year, the cost shall be increased by 3%. Living Wage: The County will require that LSSI shall be subject to the City of Ashland ULiving Wage" ordinance with respect to any employee providing services at the Ashland Branch Library. City has been assured that LSSI already complies with this provision requiring at least $12.43 per hour for employees working more than 1040 hours per year. Accordingly the County need not continuously monitor compliance but shall provide documentation to the City of Ashland for purposes of monitoring compliance upon written request of the City Administrator. If it is found that an LSSI employee perfonning services at the Ashland Branch Library is paid in violation of the provisions of the City of Ashland living wage law, LSSI shall be given an opportunity to cure prior to any enforcement action. Privacy: The Amendment shall restate and reaffinn the commitment Jackson County to strictly maintain the confidentiality of Library patron records as established under Oregon public records law. Meeting Rooms: The Amendment shall restate and reaffirm that public meeting rOOlns shall be open and available for public in accordance with the Library's Policy covering use of community meeting rooms, and City and County policies on nondiscrimination. Coordination: The Amendment shall include a requirement that the Ashland Branch Manager attend Ashland Citizen Library Ad Hoc Committee meetings at least quarterly, preferably monthly to maintain coordination with the City of Ashland and the local community on the specific needs of the City and community. Intergovernmental Agreement LibraI}' Services - City of Ashland and Jackson County Page 7 of7 I r~' CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 CITV RECORDER I Page 1 1 1 aA"lVe 7/1/2008 I I PQNUMBER 08365 VENDOR: 005936 JACKSON COUNTY ADMINISTRATOR 10 S. OAKDALE, ROOM 214 ATTN: LINDA MEDFORD, OR 97501 FOB .Point: Terms: Net Req. Del. Date: Speciallnst: SHIP TO: City of Ashland (541) 488-6002 20 E MAIN STREET ASHLAND, OR 97520 Req. No.: Dept.: ADMINISTRATION Contact: Ann Seltzer Confirming? No ,= ,/y;:-: 'Ul'lit ,,' '.'., mm '/ ,/., P.~cl'ipti9n . 1 " .j~..;:...ci,.....::..;. i ".. '" " .'. 12.00 Mo Enhanced Library Services 20,600.00 247,200.00 June 2008 - June 2009 $20,600 Per month/Additional16 hrslMonth 12.00 Mo Outreach Activities 7,295.49 87,545.88 $7,295.49 Per month Per attached contract dated Oct. 16, 2007 SUBTOTAL 334 745.88 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2028 TOTAL 334,745.88 ASHLAND, OR 97520 - '."'.", "i./~. "....'... .'ft:.....:,~:T Am.!.l...t .,.' 'AcQQLiM'Nl.Imber PI'9~~.NI;Irn~r . ArnQt4rit ,/.... ...... '.' E 1 1 0 0 1 .02 1 7 604 1 OC E 000 1 25 999 334.745 88 ~ ..,X.-~~ 74/0t Al.Ith ed Signature VENDOR COPY CITY OF ASHLAND REQUISITION FORM THIS REQUEST IS A: D Change Order( existing PO # Date of Request: III / I J.../tP9 I Required Date of Delivery/Service: I,zu> /,p;2 I :;;wj:,~ ' ~f111,~ ~/~I:/m ? I~ fY'PJi/IJ I d j f)~ a 7 "))J I 'K:~;77~:/~~1 (~"1:!i 4idl\~~In( Vendor Name Address City, State, Zip Telephone Number Fax Number Contact Name SOLICITATION PROCESS Small Procurement ~e Source D Invitation to Bid D Less than $5,000 D Written findings attached (Copies on file) D Quotes (Not required) CooDerative Procurement D Reauest for ProDosal D State of ORIWA contract (Copies on file) Intermediate Procurement D Other government agency contract D SDecial1 ExemDt D (3) Written Quotes D Copy of contract attached D Written findings attached (Copies attached) D Emeraencv D Contract # D Written findings attached Description of SERVICES t!~ ~ ,/,uuAW ~~ ~'Ii- ~ C),&/9 ..2 ~ ~7S- pr ~i) r:r Per attached PROPOSAL &.if"'. 4 -- ~ Item # Quantity Unit Description of MATERIALS Unit Price Total Cost Project NumberO o/~_ qq f o Per attached QUOTE Account NumberJJ.J_ .ill.{)}. L7-. ft~~LOO * Items and services must be chargert;) the appropriate account numbers for the finaneials to ref/ect 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 prov~u~ r. ~/ Employee Signature: a..AA{) 0V't) Supervisor/Dept. Head Signature:/~f . _ G: Finance\Procedure\AP\Forms\8_Requisition form revised.doc Updated on: 6/1212008