HomeMy WebLinkAbout2009-130 IGA AMND #1 - Jackson Cty - Library SVCS
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Amendment # 1 to
INTERGOVERNMENTAL AGREEMENT
FOR LIBRARY SERVICES
City of Ashland and Jackson County
This Amendment is entered into by and between THE CITY OF ASHLAND, Oregon,
and JACKSON COUNTY, Oregon, The EFFECTIVE DATE of this Amendment is July 1,
2009.
RECITALS:
On October 16,2007, the City of Ashland, Oregon and Jackson County, Oregon, entered
into an Intergovernmental Agreement (lOA) for Library Services, effective November 1, 2007,
with an expiration date of June 30, 2009, A copy of said agreement is hereby attached, marked
Attachment 1, and incorporated by reference,
The lOA grants to the City of Ashland the option to extend the term for one additional
12-month term.
The City of Ashland has notified Jackson County it.wishes to exercise the option to
extend the term for one (1) additional 12-month term,
Now, therefore, the existing Intergovernmental Agreement is amended as follows:
2. / DURATION AND OPTION TO EXTEND. The term of this Agreement shall
expire on June 30, 2010.
Except as expressly amended by this Amendment #1, all
original Agreement remain in full force and effect.
~
Dated this ~ day of
terms and conditions of the
rY10a
2009.
Jackson County, Oregon
City of Ashland, Oregon
Bye ~-~
,...Danny Jordan, County Administrator
:;~~~
as to Legal Sufficiency:
Kristi L Hagey
Senior Assistant County Counsel
H:Il-KRISTIIDepartmenlSILibrarylAsbland lGA Amendment #1 4-09,docx
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fJiiac/trJelJi 1
WTERGOVERNMENTALAGREEMENT
FOR LIBRARY SERVICES
City of Ashland and Jackson County
This Agreement i~ 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 government 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. ORS 357.410(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 terms and conditions
as may be agreed upon.
C. Jackson County has entered into a contract with Library Systems & Services, LLC
(LSSl) 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 I, 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;
NOW, THEJU;FORE, in consideration for the mutual covenants contained herein the
receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
I. 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 Sllli1e terms 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.
Intergovernmental Agreement
Library Services - City of AsWand and Jackson County
Page I of7
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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 full 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 Intergovernmental
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 fort4 in Exhibit A attached hereto and made a part hereof by this reference.
4. PAYMENT. [ORS 190.020(1)(a)). The City of Ashland shall promptly pay
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 5'h 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 of?
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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 ofthis Agreement shall expressly or
impliedly operate as a waiver or release of any of the terms, conditions or requirements of the
2000 Intergovernmental Agreement or otherwise act as a waiver or release of ahy demands,
claims, actions or proceedings arising out of a violation or breach of the 2000 Intergovenunental
Agreement, whether such breach concerns transfer or possession of real or personal property, or
any other claim or action.
8. TERMINATION.
A. TERMINA nON by Mutual Consent: This Agreement may be terminated
at any time by mutual consent of both parties.
B. TERMINA nON 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. TERMINA nON 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 termination 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 ofthe date of the notice, or within such other period
beyond 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. "OBLIGA TIONfLIABILITY OF PARTIES: Termination 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
irnmediately cease all activities under this contract, uniess expressly directed otherwise by
City in the notice of termination. Further, upon tennination, County shall deliver to City
all contract documents, information, 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 termination date if such work was performed in accordance with
the Contract.
Intergovernmental Agreement
Library Services - City of Ashland and Jackson County
Page 3 of?
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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 ofthe 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 shall 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 tlirough 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 ofthe 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 / 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 seivices paid for by the
City of Ashland. Unless authorized in writing by the County Administrator, City shall not
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 of?
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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
IO 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 1 day of O~
,2007,
City of Ashland, Oregon
Jackson County, Oregon
!
unty Administrator
ty
Approved as to Form:
Approved as to Form:
""-,,'
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-
Senior Assistant County Counsel
Intergovernmental Agreement,
Library Services - City of Ashland and Jackson County
Page 5 of7
Exhibit 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 Jac)cson County and
Library Systems & Services, LLC. to provide the following additional services, alkJa/
"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
normal 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:
MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY SUNDAY
BAS E 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,OOO/month from November 2007, through
June 2008, for the 16 additional hours of full library service at the Ashland Branch [inclusive of
(2) FTEs or equivalent] not to exceed $160,000; and $20,600/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 3%.
The City of Ashland shall also pay $7,083 per month from November 2007, through June 2008,
not to exceed $56,664; and $7,295.49fmonth from July 2008, to June 2009, not to exceed
$87,545.88 for the outreach activities [inclusive of I FTE or equivalent]. If an extension to this
Agreement is granted for an additional year, the cost shall be increased by 3%,
Scope of Additional contractual provisions:
Jackson County shall amend the Professional 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
ofthe Jackson County Library:
Intergovernmental Agreement
Library Services - City of Ashland and Jackson County
Page 6 of?
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...."
Duration: Notwithstanding the duration ofthe 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 "Living
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. Ifit is found
that an I:;SSI employee performing services at the Ashland Branch Library is paid in violation of
the provisions ofthe 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 reaffirm 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 rooms 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 arequirement 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
Library Services - City of AsWand and Jackson County
Page 7 of7
CITY RECORDER
Page 1/1
~~.,
CITY OF
ASHLAND
20 E MAIN ST,
ASHLAND, OR 97520
(541) 488-5300
r;K*{1*:l'8P..'liE~;~'f&~ h1'lMp-01Nl!JMBERTr;:U;;,01
7/2/2009 09023
VENDOR: 005936
JACKSON COUNTY ADMINISTRATOR
10 S, OAKDALE, ROOM 214
ATTN: JUDY BAALMAN
MEDFORD, OR 97501
SHIP TO: City of Ashland
(541) 488-6002
20 E MAIN STREET
ASHLAND, OR 97520
FOB Point:
Terms: Net
Req. Del. Date:
Speciallnst:
Req. No.:
Dept.: ADMINISTRATION
Contact: Ann Seltzer
Confirming? No
~: :lciLl""a-ritlt\i';77': ", -- ,::-;~;I""", ~~-> .. -,<-:_;'_,:~=7~-;'"'~,~>. ~ ~:_._ ':j~ -.:-~"-::_~~bVescrjniiOn,j ~-"/. ',?~;"-' c~:':',':~:;l~~ :S:\::-if~~ r:.?~8nTFFfric~~j ~L:'~'EXt~~rlceL~~
:.:Umh~.o;j
Enhanced Library Services - July 2009 344,788.00
to June 2010, $28,732 per month, Not to
exceed $344,788
.
,
,
SUBTOTAL 344 788,00
Bill TO: Account Payable TAX 0,00
20 EAST MAIN ST FREIGHT 0,00
541-552-2028 TOTAL 344,788,00
ASHLAND OR 97520
,
~:~WCCO"'un~Numbe@tC{~~ i]'i,,~p.70ieCilNumber,'~'!] [';j:"'?:r;'Arilount1TtD,j.J:"'! ['>:7Accou><'nt~NiimDer~;~~ f1.\}]P.rojecffNumb1{~lfl~ 15;2- ::-.;;:;JgrTfoumr~:~~~
E 1 1 0,01 ,02.1 7,6041 0 E 000125,999 344 788,00
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VENDOR COPY
A request for a Purchase Order
REQUISITION FORM
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CITY OF
ASHLAND
THIS REQUEST IS A:
D Change Order(existing PO #
Date of Request: 10/~q 10 9
Required Date of Delivery/Service: 17// /8 q
Vendor Name
Address
City, State, Zip
Telephone Number
Fax Number
Contact Name
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SIiI1'.) {1pJ NLIIi /) - LJ...r':j ..{,AIt~
SOLICITATION PROCESS
Small Procurement [fl Sole Source D Invitation to Bid
D Less than $5,000 D Wrillen findings allached (Copies on file)
D Quotes (Not required)
Coooerative Procurement D Reauest for Prooosal
D State at ORIWA contract (Copies on file)
Intermediate Procurement D Other government agency contract D Special I Exempt
D (3) Wrillen Quotes D Copy of contract allached D Wollen findings allached
(Copies allached) D Emeraencv
D Contract # D Wollen findings allached
Description of SERVICES
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d- g, 75 2- f /fYlO /V-rUJ
D Per attached PROPOSAL '" 4 7 f?
Total Cost
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Item # Quantity
Unit
Description of MATERIALS
Unit Price
Total Cost
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Project Number I)DJJ.r- ~Hq
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D Per attached QUOTE
Account Number UJJ. - ~J .~&-l1.lffu-!..f.fI/j)
. Items and services must be charged to the appropriate accounl numbers for the financiats to refiecl the actuat expenditures accurately,
By signing this requisition form, I certify that the information provided above meets the City of Ashland public contracting requirements,
~,.,_'"""'~ bopm""" "POO req~t ~
Employee Signature: a _ ^ -.J >>I~ SupervisorlDept Head Signature:
G: finance\Procedure\AP\Forms\8_Requisition form revised.doc
Updated on: 5/29/2009