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HomeMy WebLinkAboutItem 16 City of Eugene IGA Fire and Life Safety Purchasing AGENDA ITEM SUMMARY Meeting Date: 7/16/2012 Meeting Type:Regular Meeting Staff Contact/Dept.: Jayne McMahan/ FIN Staff Phone No: 541.726.3708 Estimated Time: 05 Minutes S P R I N G F I E L D C I T Y C O U N C I L Council Goals: Provide Financially Responsible and Innovative Government Services ITEM TITLE: CITY OF EUGENE IGA FIRE AND LIFE SAFETY PURCHASING ACTION REQUESTED: Move to authorize/not authorize the City Manager to negotiate and sign a completed IGA with the City of Eugene for joint purchases. Final IGA will include Springfield’s City Attorney concurrence. ISSUE STATEMENT: The Cities of Springfield and Eugene jointly purchase equipment, training, services and other items and each purchase requires an IGA. A single IGA for joint purchases will enable the City’s to merely invoice for the goods or services and eliminate the need for discrete IGA’s. ATTACHMENTS: Attachment 1: C788 IGA City of Eugene - Draft DISCUSSION/ FINANCIAL IMPACT: As the two Cities’ consider moving towards a fully merged Fire Department this IGA is a step to facilitate invoicing that will save both Cities’ resource time processing discrete IGA’s for each activity that is jointly purchased. This IGA could survive even if a merger doesn’t occur as the synergy of joint purchases will continue regardless. The current practice of cycling individual IGA’s for the purchase of all goods and services jointly purchased is laborious and a broken process. This IGA is a process improvement that will eliminate the current practice and institute one where on the back end only invoices are issued across the river for contemplated purchases where the costs are shared. This IGA wouldn’t replace any of our current purchasing processes, Municipal Codes or Guidelines, but will just be a mechanism to invoice each other without having to create discrete IGA’s. Both Cities will enjoy tremendous cost savings of staff, Attorney, City Manager’s office, and Council time in not having to cycle discrete IGA’s and Agenda Item’s for goods and services. Further, this will provide a timelier procure to pay process for both departments in not having to wait to purchase needed goods and services while paperwork is cycled. Either Springfield or Eugene can initiate a purchase. Both parties will agree before the execution of any contract the appropriate percentage of the obligation owed by each. The party who executes the agreement will invoice the other for the appropriate dollar amount based upon the agreed percentage. The current IGA, in draft form, has been approved by the Springfield City Attorney and has currently been provided by our Fire Chief to the Eugene City Attorney for review. _________________________________________________________________________________ C788 COE INTERGOVERNMENTAL PURCHASE AGREEMENT Page 1 of 2 CITY OF SPRINGFIELD INTERGOVERNMENTAL PURCHASE AGREEMENT CONTRACT #788 BETWEEN: The City of Springfield (Springfield), a municipal corporation of the state of Oregon, on behalf of its Department of Fire and Life Safety (hereinafter "Springfield") AND: The City of Eugene (Eugene), a municipal corporation of the state of Oregon, on behalf of is Fire and EMS Department (hereinafter "Eugene") EFFECTIVE DATE: Upon Execution RECITALS A. ORS 190.010 provides that units of local government may enter into agreements for the performance of any and all functions and activities that any party to the agreement, its officers, or agents have the authority to perform. B. ORS 279A.025(2) provides that the Public Contracting Code does not apply to contracts between Springfield and Eugene for services for goods, equipment or service or a portion thereof. C. Springfield and Eugene desire to enter into an Agreement wherein either Springfield or Eugene may procure goods, equipment or services in conformance with the applicable requirements of the Public Contracting Code and, in turn, Springfield or Eugene may purchase those goods, equipment or service or a portion thereof from the procuring party. AGREEMENT NOW, THEREFORE, based upon the foregoing recitals, the parties agree as follows: 1. Services to be Provided. Either Springfield or Eugene may make available to the other party for purchase goods, equipment or services which Springfield or Eugene has previously purchased in conformance with the applicable requirements of the Public Contracting Code. 2. Purchase Process. Either Springfield or Eugene can initiate a purchase. Both parties will agree before the execution of any contract the appropriate percentage of obligation owed by each. The party who executes the agreement will invoice the other for the appropriate dollar amount. 3. Agreement Administration. Each party designates the following as its representative for purposes of administering this contract. Either party may change its designated representative by giving written notice to the other as provided in paragraph 10. Springfield: Jana Sorenson Sr. Management Analyst jsorenson@springfield-or.gov Ph:541.746.4150 Eugene: Julie Lindsey Sr. Finance Manager Julie.l.lindsey@ci.eugene.or.us Ph: 541.682.7107 _________________________________________________________________________________ C788 COE INTERGOVERNMENTAL PURCHASE AGREEMENT Page 2 of 2 4. Records/Inspection. Springfield and Eugene shall each maintain records of its costs and expenses under this contract for a period of not less than three full fiscal years following Agency's completion of this contract. Upon reasonable advance notice, either party or its authorized representatives may from time to time inspect, audit, and make copies of the other party's records. 5. Indemnification. To the extent allowed by the Oregon Constitution and the Oregon Revised Statutes, each of the parties hereto agrees to defend, indemnify, and save the other harmless from any claims, liability or damages including attorney fees arising out of any error, omission or act of negligence on the part of the indemnifying party, its officers, agents, or employees in the performance of this agreement. 6. Status. In providing the services specified in this agreement (and any associated services) both parties are public bodies and maintain their public body status as specified in ORS 30.260. Both parties understand and acknowledge that each retains all immunities and privileges granted them by the Oregon Tort Claims Act (ORS 30.260 through 30.295) and any and all other statutory rights granted as a result of their status as local public bodies. 7. Workers Compensation Insurance. Each party is a subject employer that will comply with ORS 656.017. 8. Assignment. Neither party shall assign this contract in whole or in part. 9. Compliance With Laws. Each party shall comply with all applicable federal, state, and local laws, rules, ordinances, and regulations at all times. 10. Notices. Any notices permitted or required by this contract shall be deemed given when personally delivered or upon deposit in the United State mail, postage fully prepaid, certified, return receipt requested, addressed to the representative designated in paragraph 3. Either party may change its address by notice given to the other in accordance with this paragraph. 11. Integration. This contract embodies the entire agreement of the parties. There are no promises, terms, conditions or obligations other than those contained herein. this contact shall supersede all prior communications, representations or agreements, either oral or written, between the parties. This contract shall not be amended except in writing, signed by both parties. 12. Interpretation. This contract shall be governed by and interpreted in accordance with the laws of the state of Oregon. 13. Signatures. CITY OF SPRINGFIELD On behalf of its Department of Fire and Life Safety: By: ____________________________________ (signature) Name: _________________________________ Title: __________________________________ CITY OF EUGENE On behalf of its Fire and EMS Department: By: ____________________________________ (signature) Name: __________________________________ Title: ___________________________________