INTERGOVERNMENTAL AGREEMENT

NUMBER: 248-02015

 

 

 

STATE OF OREGON - CITY OF PORTLAND BUREAU OF POLICE

INTERGOVERNMENTAL AGREEMENT

 

June 25, 2002

 

THIS INTERGOVERNMENTAL AGREEMENT, dated June 26, 2002, is by and between the STATE OF OREGON acting by and through the OREGON MILITARY DEPARTMENT (hereinafter referred to as OMD) and the CITY OF PORTLAND, BUREAU OF POLICE (hereinafter referred to as the CITY OF PORTLAND). The OMD’s supervising representative for this agreement is OMD’s Real Property and Operations Manager. The CITY OF PORTLAND’s supervising representative for this agreement is the Captain of the Training Division.

 

AGREED:

 

1. PURPOSE. This agreement is required to facilitate the OMD with making improvements to two training props owned by the CITY OF PORTLAND’s Bureau of Police currently located at Camp Withycombe at 10101 SE Clackamas Road, Clackamas, Oregon.

 

2. EFFECTIVE DATE AND DURATION. This agreement shall become effective on July 1, 2002, or upon the date this agreement has been signed by authorized representatives from each party. Unless otherwise terminated or extended this agreement shall expire on August 30, 2002 or upon such date that requested work to be performed by OMD has been completed and accepted by CITY OF PORTLAND’s Bureau of Police.

 

3. STATEMENT OF WORK.

 

a. Construct improvements to the two training props to CITY OF PORTLAND’s Bureau of Police specifications. Work to be performed by OMD shall include foundations, porches, window enclosures, and fences. CITY OF PORTLAND’s Bureau of Police shall provide a prioritized list of work to OMD.

b. Work requests shall be initiated by the CITY OF PORTLAND’s Bureau of Police and forwarded to the Camp Withycombe Facility Manager’s office specifically detailing the prescribed work to be completed by OMD. OMD shall generate a materials request and a project duration estimate to complete the requested work. The materials request shall be approved and signed by CITY OF PORTLAND’s Bureau of Police representative. OMD shall order materials, perform the work, and keep records on associated project costs for labor and material. CITY OF PORTLAND’s Bureau of Police representative shall approve and sign the completed Camp Withycombe work order. Camp Withycombe’s Facility Manager’s Office shall generate required documentation and forward to OMD for payment.

4. COMPENSATION/REIMBURSEMENT.

 

a. The CITY OF PORTLAND’s Bureau of Police agrees to pay a sum, not to exceed $15,000 from available and authorized funds, to OMD for materials, supplies and services.

 

b. The CITY OF PORTLAND’s Bureau of Police shall deposit $15,000.00 in an account established and maintained by OMD’s Finance Office.

 

c.  OMD shall not perform work that exceeds the maximum compensation/reimbursement

amount of $15,000 and the CITY OF PORTLAND’s Bureau of Police shall not pay

any amount in excess of the maximum compensation/reimbursement amount of $15,000 without written approval and authorization by both parties. If the maximum compensation amount of $15,000.00 is increased by an addendum to this agreement, the addendum must be fully executed before OMD performs the additional work requested by the CITY OF PORTLAND’s Bureau of Police.

 

d. OMD shall submit invoices for work performed and materials purchased to the CITY OF PORTLAND’s Bureau of Police Captain of the Training Division. All invoices shall note the agreement number and describe materials purchased and work performed.

 

e. The CITY OF PORTLAND’s Bureau of Police Captain of the Training Division shall approve the completed work prior to authorizing a draw from the money deposited on account.

 

5. TRAVEL AND OTHER EXPENSES. Reimbursement of travel expenses and for other expenses are not authorized.

 

6. FUNDS AVAILABLE AND AUTHORIZED. The CITY OF PORTLAND certifies by the signatures of its duly authorized representatives to this agreement that sufficient funds are available and authorized for expenditure to reimburse OMD for costs associated with improvements to its training props and such funds are within the CITY OF PORTLAND’s budget appropriation.

 

7. TERMINATION.

 

a. This agreement may be terminated by mutual consent of both parties in writing.

 

b. The CITY OF PORTLAND’s Bureau of Police may terminate this agreement effective upon delivery of written notice to the OMD, or at such later date as may be established by the CITY OF PORTLAND under any of the following conditions:

 

(1) If the CITY OF PORTLAND’s Bureau of Police funding from city, federal, state, or other sources is not obtained or continued at levels sufficient to allow for the purchase of indicated materials and services, the agreement may be modified to accommodate a reduction in funding.

 

(2) If city, federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate under this agreement.

 

8. RECORDS MAINTENANCE AND ACCESS. OMD shall maintain all fiscal records relating to this Intergovernmental Agreement in accordance with generally accepted accounting principles. OMD shall maintain all records pertinent to this agreement in such a manner as to clearly document OMD's performance thereunder. OMD acknowledges and agrees that the CITY OF PORTLAND’s Bureau of Police, the Oregon Secretary of State's Office, the Federal Government, through their duly authorized representatives shall have access to the books, documents, papers, and records of the OMD which are directly pertinent to this specific agreement for the purpose of making audits, examinations, excerpts, and transcripts. Following final payment and termination of this agreement all fiscal records, books, documents, papers, plans, and writings shall be retained by OMD and kept accessible for a minimum of three years, except when required for a longer period by law, following final payment and termination of this agreement, whichever date is later. Disclosures of OMD records are for the limited purposes described herein and shall not constitute a waiver of any exemption from disclosure of such records to third parties applicable under the Public Records Law, ORS 192.410 to 192.505.

 

9. NOTIFICATIONS.

 

For the State of Oregon: Oregon Military Department

Attention: AGI/Stanley A. Hutchison

P.O. Box 14350, 1776 Militia Way

Salem, OR 97309-5047

E-mail: Stanley.Hutchison@or.ngb.army.mil

Telephone: (503) 584-3867

Fax: (503) 584-3584

 

For the City of Portland Bureau of Police: City of Portland

          Bureau of Police

Attention: Training Division/Scott Anderson

          1111 SW 2nd Ave, Suite 1180

          Portland, Oregon 97204

E-mail: sanderson@police.ci.portland.or.us

Telephone: (503) 823-0318

Fax: (503) 823-0399  

 

10. STATE OF OREGON INDEMNIFICATION. OMD shall be responsible for construction and improvements performed under this agreement. Except as limited by Oregon law each party shall be responsible for its negligent acts and those of its officers, employees, or agents. Subject to the limitations set forth in the Oregon Constitution and Tort Claims Act, the CITY OF PORTLAND agrees to defend and hold harmless OMD and its agents and employees from any liability or claims for damages or injury arising from the CITY OF PORTLAND’s sole negligent acts. The CITY OF PORTLAND however shall not be liable to OMD for claims which do not arise from the sole negligence of the CITY OF PORTLAND or its officers, agents or employees in connection with the CITY OF PORTLAND or OMD’s execution of this agreement.

 

11. MERGER. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS AGREEMENT. NO AMENDMENT CONSENT, OR WAIVER OF TERMS OF THIS AGREEMENT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY ALL PARTIES. ANY SUCH AMENDMENT, CONSENT OR WAIVER, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. OMD AND THE CITY OF PORTLAND BY THE SIGNATURES BELOW OF IT’S AUTHORIZED REPRESENTATIVES ACKNOWLEDGES HAVING READ AND UNDERSTOOD THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

 

IN WITNESS WHEREOF the parties hereto have caused this Intergovernmental Agreement in triplicate to be executed by the signatures of each parties authorized officers as the dates shown:

 

 

CITY OF PORTLAND

 

_________________________________    _________________

Vera Katz, Mayor           Date

 

 

_________________________________    _________________

Gary Blackmer, Auditor          Date

 

 

APPROVED AS TO FORM: ____________________________________

        Deputy City Attorney

 

 

STATE OF OREGON by and through its Oregon Military Department

 

 

_________________________________    _________________

DAVID L. FERRE           Date

Colonel, Director of Installations