Metro Contract #924176

INTERGOVERNMENTAL AGREEMENT

This is an agreement authorized under ORS Chapter 190, by and between the City of Portland (City), through the Portland Fire Bureau, and the Metropolitan Service District (Metro), a municipal corporation of the State of Oregon.

RECITALS:

Whereas, ORS 190.003 states that intergovernmental cooperation to further economic and efficient provision of services by local government is a matter of statewide concern, thereby not subject to federal law relating to agreements to limit competition by providers of goods and services; and,

Whereas, both the City and Metro find it mutually beneficial for both governments to cooperate in mapping the metropolitan area in order to enhance the prompt delivery of emergency response; and,

Whereas, Metro has the current ability and capacity to develop and maintain components of a mapping and data system for the City; and,

Whereas, the City has the need for these expanded maps and the resources to pay for their development and maintenance.

In consideration of those premises as generally recited, it is agreed as follows:

TERMS OF AGREEMENT:

1. Scope of Work

Metro shall provide Portland Fire Bureau the following Services:

A. The City, through Portland Fire Bureau, will provide Metro with additions and corrections to map layers that Metro will incorporate and make available to the mapping application.

B. Metro will support the City’s Internet mapping application, and the hardware and software used to generate the maps for downloading.

C. Metro agrees that the materials and applications developed for the use of the Portland Fire Bureau will not be used by any other agency without the express written permission of the Portland Fire Bureau and the City of Portland.

D.  Upon request, Metro staff shall provide special services to the City.

2. Portland Corporate GIS (CGIS) responsibility

1. City of Portland GIS (CGIS) will maintain the Portland street centerline file and provide it to Metro for provision of services to Portland Fire.

2.  Updates and corrections that have been submitted by Portland Fire Bureau staff to Metro on hard-copy maps will be forwarded to CGIS and incorporated into the street centerline file.

3. Indemnification

Subject to the conditions and limitations of the Oregon Constitution and Oregon Tort Claims Act, ORS 30.260 through 30.300, Metro shall indemnify, defend and hold harmless City from and against all liability, claims, loss and costs arising out of or resulting from the acts of Metro, its officers, employees and agents in the performance of this agreement. Subject to the conditions and limitations of the Oregon Constitution and Oregon Tort Claims Act, ORS 30.260 through 30.300, City shall indemnify, defend and hold harmless Metro from and against all liability, claims, loss and costs arising out of or resulting from the acts of City, its officers, employees and agents in the performance of this agreement.

3. Term of Agreement

The term of this Agreement shall commence on July 1, 2002 and terminate on June 30, 2003 unless terminated earlier under the provisions of this Agreement.

4.  Compensation

Metro shall provide the services identified herein to the City on a time and material basis, basis for a sum not to exceed $25,000.00. Metro shall invoice the City quarterly for labor, computer, and miscellaneous costs incurred, as set forth in this Agreement.

A.  Personnel charges. Personnel charges shall be assessed at the rate of staff hourly rates, and may vary depending upon the expertise level of the staff required to perform the requested work. The parties acknowledge that staff hourly rates vary from $40.95 per hour for an Assistant GIS Specialist to $62.05 per hour for a Principal GIS Specialist. These costs include salary, fringe benefits and Metro overhead. These rates can change as annual staff cost of living and merit increases occur.

Metro shall make all best efforts to assure that employees in the lowest pay category required to fill the request will carry out the majority of work. The Principal GIS Specialist will charge only for activities such as project management, conferences with City staff and for custom request projects requiring Principal GIS Specialist expertise.

B.  Computer charges. Computer time is billed at $17.00 per hour.

C.  Mapping charges. Display size maps will be billed at $12 each.

D. Internet Application access. The City will be charged a flat-rate usage fee of $350 per month for Internet Access services described herein.

5.  Termination

During the term of this Agreement, each party may terminate the Agreement by written notice delivered to the other party not less than 60 days prior to the anniversary date. Additionally, the parties may terminate this Agreement at any time for nonperformance of any material term hereof.

I. Insurance

Metro and City are self-insured for general liability insurance and workers compensation insurance coverages. Each party is responsible for the wages and benefits of its respective employees performing services under this agreement.

Metro            City of Portland

Authorized Signature        Approved as to Form, City Attorney

           Fire Chief Ed Wilson

           Commissioner ErikSten

           City Auditor Gary Blackmer