EXHIBIT A
INTERGOVERNMENTAL AGREEMENT
TO PARTICIPATE IN
INTERGOVERNMENTAL TECHNICAL ASSISTANCE PROGRAM
This Intergovernmental Agreement (IGA) is between the City of Portland (“City”) and the County of Multnomah (“County”) each of whom shall be referenced as “party” and collectively as “parties.”
PURPOSE
Multnomah County recognizes the Bureau of Purchases’ experience and expertise in administering several programs to promote diversity in purchasing and construction activities. The Technical Assistance Program provides specialized assistance for contractors on specific projects, classes are sponsored with the Port of Portland in many construction disciplines.
By using some pre-existing City programs and City employees who have experience administering these programs, Multnomah County will be able to save money and avoid unnecessary duplication and effort.
All partners to this agreement will participate in the selection of a consultant to provide bidding and estimating classes and one-on-one assistance.
The City of Portland will provide program management services through the Bureau of Purchase’s Outside Services Group. Staff from Multnomah County, the Housing Authority of Portland, and the Portland Development Commission will be involved in all stages of program evaluation and monitoring. Multnomah County has been represented in the program design and provider selection process by the County’s Contract Administrator since 1996. The County’s Contract Administrator will continue to represent Multnomah County in program monitoring and evaluation.
The goal of the collectively funded efforts will be to provide project specific technical assistance to state-certified D/M/W/ESB firms.
1. PROGRAM FUNDING – Multnomah County will provide $42,000 in fiscal year 2006/07. Multnomah County will provide the $42,000 contribution upon receiving an invoice from the City. If the program is terminated early, the County, Tri-Met, and the Portland Development Commission will receive a prorated share of their contribution from the City.
2. TERMINATION – This agreement may be terminated by either party upon 30 days written notice.
3. INDEMNIFICATION – Subject to the conditions and limitations of the Oregon Constitution and the Oregon Tort Claims Act, ORS 30.260 through 30.300, Multnomah County, shall indemnify, defend and hold harmless City of Portland, from and against all liability, loss and costs arising out of or resulting from the acts of County, 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 of Portland shall indemnify, defend and hold harmless County, from and against all liability, loss and costs arising out of or resulting from the acts of the City of Portland, its officers, employees and agents in the performance of this agreement.
4. INSURANCE – Each party shall each be responsible for providing worker’s compensation insurance as required by law. Neither party shall be required to provide or show proof of any other insurance coverage.
5. ADHERENCE TO LAW – Each party shall comply with all requirements of federal and state civil rights and rehabilitation statutes and local non-discrimination ordinances.
6. NON-DISCRIMINATION – Each party shall comply with all requirements of federal and state civil rights and rehabilitation statutes and local non-discrimination ordinances.
7. ACCESS TO RECORDS – Each party shall have access to the books, documents and other records of the other which are related to this agreement for the purpose of examination, copying and audit, unless otherwise limited by law.
8. SUBCONTRACTS AND ASSIGNMENT – Neither party will subcontract or assign any part of this agreement without the written consent of the other party.
9. THIS IS THE ENTIRE AGREEMENT – This Agreement constitutes the entire Agreement between the parties. This Agreement may be modified or amended only by the written agreement of the parties.
10. TERM OF AGREEMENT – This agreement is for the 2006/07 fiscal year. The City, the Housing Authority of Portland, the Portland Development Commission, and the County will review program results, budgets, and other matters to determine whether to continue funding an intergovernmental technical services program beyond this fiscal year.
IN WITNESS WHEREOF, Multnomah County and the City have executed this Agreement as of the date and year first above written.
MULTNOMAH COUNTY CITY OF PORTLAND
________________________
County Chair Mayor Tom Potter
Date Date
Approved as to Form
City Attorney
November 2006