INTERGOVERNMENTAL AGREEMENT

 

 

This tri-party Intergovernmental Agreement (IGA) is entered into by and between the City of Portland (CITY) acting by and through its Bureau of Housing and Community Development, hereafter called BHCD, the Portland Development Commission, hereafter called PDC and the Housing Authority of Portland, hereafter called HAP.

 

This IGA is authorized pursuant to ORS 190.110 and becomes effective upon full execution of this document.

 

PURPOSE

 

The parties desire to work together to create the position of special assistant for housing policy to enhance performance by providing additional coordination and facilitation of their respective programs, services provided.

 

 By this IGA, BHCD agrees to provide personnel and related resources to perform services outlined in this IGA. PDC and HAP agree to reimburse BHCD $20,000 each for costs associated with the provision of these services as described in this document.

 

 

GENERAL PROVISIONS

 

1.  Effective Date and Duration. This IGA is effective July 1, 2002. Unless earlier terminated or extended, this IGA shall expire when BHCDs completed performance has been accepted by PDC and HAP or June 30, 2003 whichever date occurs first.

 

2.  Statement of Work. The statement of work, (the “Work”) including the delivery schedule for such Work, is contained in Exhibit A. BHCD agrees to perform the Work in accordance with the terms and conditions of this IGA.

 

3.  Consideration. HAP and PDC each agree to pay BHCD $20,000 as identified and allocated in Exhibit B.

 

4.  Project Representatives. Each party has designated a project manager to be the formal representative for this project. All reports, notices, and other communications required under or relating to this IGA shall be directed to the appropriate individual.

 

BHCD        PDC        HAP  

   

Project Managers:    Tonya Parker      Andy Wilch      Steve Rudman  

Addresses:      421 SW 6th Suite 1100A    1900 SW 4th Suite 7000    135 SW Ash  

     Portland, OR 97204      Portland, OR 97201      Portland, OR 97203

Phone Numbers:    (503) 823-2380      (503) 823-3220      (503) 802-8507

Fax Numbers:    (503) 823-2387      (503) 425-1194      (503) 802-8312

Email Addresses:    tparker@ci.portland.or.us    wilcha@pdc.us      stever@hapdx.org      

 

5.  Subcontracts. BHCD shall not enter into any subcontracts for any of the work scheduled under this IGA without obtaining prior written consent from the other parties.

 

6.  IGA Documents. This IGA consists of the following documents, which are listed, in descending order of precedence: This IGA less all exhibits, attached Exhibit A, Work Statement and Exhibit B, Budget. All attached Exhibits are hereby incorporated for reference.

 

7.  Amendments. The terms of this IGA shall not be waived, altered, modified, supplemented, or amended, in any manner whatsoever, except by written instrument signed by all parties.

 

8.  Reimbursement.

A.  HAP shall submit to BHCD quarterly payments of $5,000 for costs incurred during the preceding quarter period no later than 30 days following the end of that performance period.

B.  PDC shall submit to BHCD quarterly payment of $5,000 for costs incurred during the preceding quarter period no later than 30 days following the end of that performance period.

C.  The parties recognize and agree that some of the activities and obligations for reimbursement addressed in this IGA have or will commence or arise prior to the effective date of this IGA.

 

9.  Termination.

A.  The parties may agree to an immediate termination of this IGA or at a time certain upon mutual written consent.

B.  Any party may terminate this IGA effective not less than 30 days from delivery of written notice.

C.  Any party may terminate this IGA effective not less than 10 days from written notice or at such other date as may be established by both parties under any of the following conditions:

1)  If funding is not obtained and continued at levels sufficient to allow for purchase of the specified services. When possible, and when agreed upon, the IGA may be modified to accommodate a reduction in funds.

2)  If federal or state regulations or guidelines are modified, changed or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this IGA, or are no longer eligible for the funding proposed for payments authorized by this IGA.

D.  Any party may terminate this IGA in the event of a breach by one of the other parties. Prior to such termination, however, the party seeking termination shall give the other parties written notice of the party’s intent to terminate. If the breaching party has not cured the breach within 10 days or a longer period as granted in the cure notice, the party seeking compliance may terminate this IGA.

 

10.  Funds Available and Authorized. The parties certify that at the time the IGA is written that sufficient funds are available and authorized for expenditure to finance costs of this IGA within the parties’ current appropriation and limitation. The parties understand and agree that payment of amounts under this IGA attributable to work performed after the last date of the current budget period is contingent on either party receiving appropriations, limitations, or other expenditure authority.

 

11.  Captions. The captions or headings in this IGA are for convenience only and in no way define, limit or describe the scope or intent of any provisions of this IGA.

 

12.  Choice of Venue. Oregon law shall govern this IGA and all rights, obligations and disputes arising out of the IGA. Venue for all disputes and litigation shall be in Multnomah County, Oregon.

 

13.  Severability/Survival. If any of the provisions contained in this IGA are held unconstitutional or unenforceable, the enforceability of the remaining provisions shall not be impaired. All provisions concerning the limitation of liability, indemnity and conflicts of interest shall survive the termination of this IGA for any cause.

 

14.  Ownership of Work Product. All work products, including reports, research data in hard copy or electronic form that result from this IGA, are the exclusive property of BHCD. However, HAP and PDC reserve the right to retain copies of such items for its records.

 

15.  Access to Records. All parties and their duly authorized representatives shall have access to the books, documents, papers, and records that are directly pertinent to the specific IGA for the purpose of making audit, examination, excerpts, and transcript.

 

16.  Compliance with Applicable Law. All parties shall comply with all federal, state, and local laws, regulations, executive orders and ordinances applicable to the Work under this IGA. Without limiting the generality of the foregoing, parties expressly agrees to comply with: (I) Title VI of Civil Rights Act of 1964; (ii) Section V of the Rehabilitation Act of 1973; (iii) the Americans with Disabilities Act of 1990 and ORS 659.425; (iv) all regulations and administrative rules established pursuant to the foregoing laws; and (v) all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations.

 

17.  No Third Party Beneficiary. The CITY, PDC and HAP are the only parties to this IGA and as such, are the only parties entitled to enforce its terms. Nothing contained in this IGA gives or shall be construed to give or provide any benefit, direct, indirect, or otherwise to third parties unless third persons are expressly described as intended to be beneficiaries of its terms.

 

18.  Indemnification. Within the limits of the Oregon Tort Claims Act, codified at ORS 30.260 through 30.300, each party agrees to indemnify and defend the other parties and its officers, employees, agents and representatives from and against all claims, demands, penalties and causes of action of any kind or character relating to or arising from this IGA, including the cost of defense, attorney fees arising in favor of any person on account of personal injury, death or damage to property and arising out of or resulting from the negligent or other legally culpable acts or omissions of the indemnitor, its employees, agents, subcontractors or representatives.

 

19.  Merger Clause. This IGA constitutes the entire agreement between the parties. No waiver, consent, modification or change of terms of this IGA shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this IGA.

 

Executed in triplicate by the duly authorized representatives of the parties.

 

 

CITY OF PORTLAND  PORTLAND DEVELOPMENT    HOUSING AUTHORITY

COMMISSION        OF PORTLAND

 

 

 

                         

Tonya Parker,        Andy Wilch,        Steve Rudman

BHCD Bureau Director  Date    Housing Director    Date    Executive Director Date  

 

 

 

       

Gary Blackmer

City Auditor    Date

 

 

 

       

Approved as to form  Date

by City Attorney:  

Exhibit A

Statement of Work

 

 

Recitals:

 

1.  City Commissioner Erik Sten is the Housing Commissioner for the City of Portland and charged with the accomplishment of housing policies and oversight of housing programs;

 

2.  The City of Portland Bureau of Housing & Community Development (BHCD), the Portland Development Commission Housing Department (PDC) and the Housing Authority of Portland (HAP), along with other agencies and City departments are charged with implementing City housing policies;

 

3.  These agencies and departments are structured independently but often work in partnership to implement policies, programs and projects;

 

4.  Additional coordination and facilitation of these agencies and departments could enhance performance;

 

5.  Commissioner Erik Sten has created a new position of Special Assistant for Housing Policy to provide this coordination and facilitation;

 

6.  This improved coordination is in the best interest of the BHCD, the Housing Department of PDC and HAP, and each wishes to contribute in equal shares, to the costs associated with creating this new assignment;

 

7.  Commissioner Sten has appointed Martha McLennan, the Housing Program Manager at BHCD to fulfill this role. Sixty percent of Ms. McLennan’s time will be to provide services pursuant to this IGA and the remaining 40% of her time will be spent performing current functions as housing program manager;

 

8.  This position will be housed and budgeted in the BHCD budget. BHCD will make necessary organizational adjustments to accommodate workload re-distribution stemming from this assignment; and

 

9.  The contribution by BHCD shall be from existing resources and in-kind contributions, and the contributions by the Housing Department of PDC and HAP shall be in the form of quarterly installment payments to BHCD.

 

Scope of Work

 

1.  The Special Assistant for Housing Policy will be charged to provide a coordination and facilitation role in high level policy, program design and program evaluation. This will include:

 

▪  Monitoring housing policy development and implementation activities with a system-wide perspective.

▪  Performing research and fact-finding, process mapping, identifying and soliciting partner involvement.

▪  Raising policy, prioritization and conflict issues for resolution by appropriate authorities (e.g. Housing Commissioner, Housing and Community Development Commission, City Council).

▪  Developing and maintaining communication structures including individual and group meetings to accomplish this assignment.

▪  Serving in a leadership role to promote the effectiveness of the Housing Directors, Housing Managers and Housing Steering Committee meetings.

 

2.  Commissioner Sten will assign specific projects under this agreement in consultation with BHCD, the PDC Housing Department and HAP.

 

3.  The Special Assistant will maintain workstations at BHCD and at PDC. In addition to a workstation, both parties shall make computer and telephone services available.

 

4.  The Special Assistant will prepare written quarterly progress reports on accomplishments that will be distributed to Commissioner Erik Sten and project representatives.

 

5. The Special Assistant is and shall remain an employee of BHCD. Therefore, BHCD shall be responsible for all

employment related costs, liabilities and obligations, including but not limited to, payroll, benefits and workers'

compensation.

 

Exhibit B

Budget

 

 

1.  Total compensation to BHCD under this agreement shall be $40,000 with $20,000 each from PDC and HAP.

 

2.  Compensation from HAP shall be $20,000. Funds shall be disbursed to the City of Portland, BHCD in four quarterly installment payments due no later than 30 days after the end of each quarter: October 31, 2002, January 31, 2003, April 30, 2003 and July 31, 2003.

 

3.  Compensation from PDC shall be $20,000. Funds shall be disbursed to the City of Portland, BHCD in four quarterly installment payments due no later than 30 days after the end of each quarter: October 31, 2002, January 31, 2003, April 30, 2003 and July 31, 2003.