City Auditor - City Recorder - Council Ordinance - 176757 Multnomah Co Alternative Community Service contract

INTER-GOVERNMENTAL AGREEMENT

This Agreement for Services (Agreement) is between the City of Portland, Oregon (City) and Multnomah County (Contractor).

RECITALS:

This agreement is for the purpose of paying Multnomah County for providing trained crew leaders and Alternative Community Service Crews to work in areas maintained by the Bureau of Parks & Recreation.

(a) The Contractor shall provide services specifically to Portland Parks and Recreation. The Contractor shall provide the City those services set out below:

The Contractor shall provide the services of two full-time Alternative Community Service (A.C.S.) crew leaders to work in sites maintained by Portland Parks and Recreation. The Contractor shall also provide ten A.C.S. crews per week.

(b) The Contractor shall provide the services set out in subsection (a) above in accordance with the schedule set out below:

(1.) The Contractor shall provide a total of ten crews per week for work in the City of Portland’s parks, golf courses and other sites. The crew leaders shall be employees of Multnomah County.

employer of the crew leader and is responsible for recruiting, training, payroll, benefits, and discipline without limitation.

(3.) The City of Portland payment for said services shall include the costs of the salary and benefits for two full-time crew leader positions, costs of crew, transportation, and equipment and supplies to support the crews. The Contractor shall provide all insurance called for in this contract.

(4.) The Contractor shall perform all the administrative tasks of recruiting and screening A.C.S. clients to perform work for the Parks Bureau.

(a) The City shall provide the tools and supplies necessary to complete the job assignments at the work sites. The City shall provide a calendar of work to be performed in a timely manner. The Portland Parks and Recreations’ Facilities and Maintenance Supervisor shall assist the Contractor in scheduling work sites, insuring adequate technical assistance is available when appropriate, and specialized equipment is accessible as necessary.

The City shall assist in training the crew leaders specifically in technical areas of Park Operations and where the crew leaders will be responsible for directing the work of others without benefit of the expertise of other Park and Recreation employees.

(b) The City shall perform the services set out in subsection (a) above in accordance with the schedule set out below:

(2.) Prior to the work day, or on the work site the City shall provide technical training to the crew leaders on how the work is to be performed.

The City shall pay the Contractor for work performed under this Agreement after the effective date as set out below. The payment shall be full compensation for work performed, for services rendered, and for all labor, and incidentals necessary to perform the work and services.

For the Fiscal Year 2002/03 the City shall pay the Contractor an amount not to exceed $133,960 as compensation for the Contractor’s work. This sum shall increase in each succeeding year by the proportionate change in the then most recently published CPI over the CPI published for the month in which that Fiscal Year begins accepted by the City and the County. For purposes of this condition, “CPI” means the Consumer Price Index published by the United States Department of Labor, Bureau of Statistics, Consumer Price Index, US-City Average, CPI-W Revised Urban Wage Earners and Clerical Workers, All Items Index (1967 = 100), or, if such Consumer Price Index be discontinued, such comparable index as then may be published by the United States Department of Labor, Bureau of Labor Statistics or its successor agency of the United States Government.

The Contractor’s billing and City’s payment procedures shall be as set out below:

Prior to the beginning of each quarter, the Contractor shall submit to the City a bill for services for that quarter, equal to ¼ of the total compensation. All compensation provided for under this contract shall be submitted by the contractor no later than two weeks prior to June 30 of that fiscal year.

This Agreement shall be effective as of July 1, 2002 and shall terminate as of June 30, 2004.

(a) The City and Contractor, by mutual written agreement, may terminate this Agreement at any time.

(b) The City, on thirty (30) days written notice to the Contractor, may terminate this Agreement for any reason deemed appropriate in its’ sole discretion.

(c) Either the City or the Contractor may terminate this Agreement in the event of a breach of the Agreement by the other. Prior to such termination, however, the party seeking the termination shall give to the other party written notice of the breach and of the party’s intent to terminate. If the party has not entirely cured the breach within fifteen (15) days of the notice, then the party giving the notice may terminate the Agreement at any time thereafter by giving a written notice of termination.

(a) In the event of termination under subsection (6a) or (6b) (EARLY TERMINATION OF AGREEMENT), hereof, the City shall pay the Contractor for work performed in accordance with the Agreement prior to the termination date.

(b) In the event of termination under subsection 6(c) (EARLY TERMINATION OF AGREEMENT), hereof, by the Contractor due to a breach by the City, then the City shall pay the Contractor as provided in subsection (a) of this section.

(a) The City Project Manager shall be Bob Downing, Senior Facilities and Maintenance Supervisor, or such other person as shall be designated in writing by the Director of Portland Parks and Recreation.

(b) The Project Manager is authorized to approve work and billings hereunder, to give notices referred to herein, to terminate this Agreement as provided herein, and to carry out any other City actions referred to herein.

In connection with its activities under this Agreement, the Contractor shall comply with all applicable federal, state, and local laws and regulations.

(a) This Agreement shall be construed according to the law of the State of Oregon.

(b) Any litigation between the City and the Contractor arising under this Agreement or out of work performed under this Agreement shall occur, if in the state courts, in the Multnomah County Court having jurisdiction thereof, and if in the federal courts, in the United States District Court for the District of Oregon.

(a) The Contractor shall hold harmless, defend, and indemnify the City and the City’s officers, agents, and employees against all claims, demands, actions, and suits (including all attorney fees and costs) brought against any of them arising out of the acts, errors, or omissions, of the contractor or any subcontractor’s work under this Agreement.

(b) The City shall hold harmless, defend, and indemnify the Contractor and the Contractor’s officers, agents, and employees against all claims, demands, actions and suits (including all attorney fees and costs) brought against any of them arising out of the acts, errors, or omissions of the City under this Agreement.

(a) The Contractor is a fully self-insured government agency. The Contractor shall provide to this City a certificate evidencing it is a self-insured for purposes of Workers’ Compensation as required by ORS 656.430 before this agreement is executed.

(a) The Contractor, its subcontractors, if any, and all employees working under this Agreement are subject employers under the Oregon Workers’ compensation law and shall comply with ORS 656.017, which requires them to provide worker’s compensation coverage for all their subject workers. A certificate of insurance, or copy thereof, shall be attached to this Agreement as Exhibit A, if applicable, and shall be incorporated herein and made a term and part of this Agreement. The contractor further agrees to maintain workers’ compensation insurance coverage for the duration of this Agreement.

(c) In the event the Contractor’s workers’ compensation insurance coverage is due to expire during the term of this Agreement, the Contractor agrees to timely renew its insurance as a self-insured employer as provided by Chapter 656 of the Oregon Revised Statutes, before its expiration, and the Contractor agrees to provide the City of Portland such further certification of workers’ compensation insurance as renewals of said insurance occur.

The Contractor shall not subcontract its work under this Agreement, in whole or in part, without the written approval of the City. The Contractor shall require any approved subcontractor to agree, as to the portion subcontracted, to fulfill all obligations of the Contractor as specified in this Agreement.

Notwithstanding City approval of a subcontractor, the Contractor shall remain obligated for full performance hereunder, and the City shall incur no obligations other than its obligations to the Contractor hereunder. Contractor agrees that if subcontractors are employed in the performance of this Agreement, Contractor and its subcontractors are subject to the requirements and sanctions of ORS Chapter 656, Workers’ Compensation.

The Contractor shall not assign this Agreement, in whole or in part, or any right or obligation hereunder, without the prior written approval of the City.

independent contractor and will be responsible for any federal, state, and local taxes and fees applicable to payments hereunder.

A.C.S. workers are not employees of the City and are not eligible for any benefits through the City, including without limitation federal social security, health benefits, workers’ compensation, unemployment compensation, and retirement benefits.

Any notice provided for under this Agreement shall be sufficient if in writing and delivered personally to the following addressee or deposited in the United States Mail, postage prepaid, certified mail, return receipt requested, addressed as follows, or to such other address as the receiving party hereafter shall specify in writing:

If any provision of this Agreement is found to be illegal or unenforceable, this Agreement nevertheless shall remain in full force and effect and the provision shall be stricken.

(a) The City and the Contractor may amend this Agreement at any time only by written amendment executed by the City and the Contractor. Unless otherwise provided, any amendment that increases the amount of compensation payable to the Contractor must be approved by ordinance of the City Council. If authorized by the City Council, the Project Manager may agree to and execute any other amendment on behalf of the City.

(b) Any change in the Scope of Contractor Services shall be deemed an amendment subject to subsection (a).

The Contractor shall provide quarterly progress reports to the Project Manager. Each progress report shall contain the following information.

(g) Approximate value of service (based on current Seasonal Maintenance Worker wage).

This Agreement contains the entire agreement between the City and the Contractor and supersedes all prior written or oral discussions or agreements. This agreement supersedes the agreement authorized by Ordinance 171437. That agreement is hereby terminated.

The City and the Contractor shall not be deemed to have waived any breach of this Agreement by the other party except by an express waiver in writing. An express written waiver as to one breach shall not be deemed a waiver of any other breach not expressly identified, even though the other breach be of the same nature as that waived.

No City of Portland Park Bureau employee who participated in the award of this Agreement shall be employed by the Contractor’s Department of Community Corrections during the period of the Agreement.

The Contractor shall pay timely all suppliers, and contractors providing it services, materials or equipment for carrying out its obligations under this Agreement. The Contractor shall not take or fail to take any action in a manner that causes the City or any materials that the Contractor provides hereunder to be subject to any claim or lien of any person without the City’s prior written consent.

City certifies that sufficient funds are available and authorized for expenditure to finance the cost of this Agreement.

Contractor agrees that work being done pursuant to this contract will not be commenced until after:

(a) Workers’ Compensation insurance is obtained, as outlined in Section 16, WORKERS’ COMPENSATION INSURANCE; and,

(b) this Agreement is fully executed by the parties and approved by the City Attorney’s Office; and,