HomeMy WebLinkAboutResolution 01-20 04/16/2001
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RESOLUTION 01-20
In The Matter of Amending The PIC/LEO Agreement
With Regard to All Contracts With The State of Oregon
WHEREAS, the Workforce Investment Act of 1998 requires the
establishment of a "One-Stop Operator" system to deliver
Workforce Investment Services to Lane County in order to receive
federal funds to serve youth, adults, and dislocated workers in
Lane County; . and
WHEREAS, the first sentence of Section IV(B) of the Amended
PIC/LEO Agreement, attached, requires the Lane Workforce
Partnership to indemnify the Member Governments, including the
city of Springfield, and
WHEREAS, the second sentence of Section IV(B) of the Amended
PIC/LEO Agreement, attached, requires that Lane Workforce
Partnership obtain indemnification from all subcontractors for
the Member Governments, the City of Springfield, the City of
Eugene and Lane County in all contracts; and
WHEREAS, the State of Oregon, a subcontractor, and a necessary
One-Stop Partner, has refused to indemnify the Member Governments
but will indemnify Lane Workforce partnership; and
WHEREAS, that indemnification will be substantially as follows:
"To the extent permitted by the Oregon Constitution,
Article XI, Section 7 and to the extent permitted by
the Oregon Tort Claims Act or provided for in private
insurance contracts obtained on behalf of the
Subcontractor for the services under this contract, the
Subcontractor shall indemnify the Lane Workforce
Partnership against liability for damage to life or
property arising from the activity of the Subcontractor
or its officers, employees or agents under this
contract. Subcontractor shall not be required to
indemnify Lane Workforce Partnership for any liability
arising out of the wrongful acts of Lane Workforce
Partnership or its officers, employees, or agents."
and,
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WHEREAS, the State of Oregon is a crucial party to the continued
provision of adequate workforce development services in Lane
County.
NOW THEREFORE IT IS HEREBY RESOLVED:
1. That the second sentence of section IV(B) of the Amended
PIC/LEO Agreement requiring Lane Workforce Partnership to
obtain indemnification for the Member Governments from it
subcontractors is hereby waived with regard to all contracts
with the State of Oregon.
2. Except as provided in section 1 herein above, all other
terms and conditions of the Amended PIC/LEO Agreement shall
remain in full force and effect including specifically but
not limited to the first sentence of Section IV(B) requiring
the Lane Force partnership to indemnify the Member
Governments, including the City of Springfield.
Adopted by the Common Council of the City of Springfield this
16th day of April , 2001 by a vote of 6 in favor
o against.
Approved by the Mayor of the City of Springfield this
of April , 2001.
16th day
ATTE~~
City Recorder
N:\CITY\Contracts\SWPIC\Resolution,wpd
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