AGENDA BILL Subject: Intergovernmental Agreement (IGA) with the City of Wilsonville for Library Director Services

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1 AGENDA BILL Subject: Intergovernmental Agreement (IGA) with the City of Wilsonville for Library Director Services For Council: January 7, 2013 Land Use Case Number: N/A Public Hearing Required: Optional: City Manager's Initials: _CJ Attachments: 1. Staff memorandum 2. IGA with Wilsonville Initiated by: City Manager Budget Impact: $18,615 for four months Sustainability Considerations: N/A Policy Question(s) for Council Consideration: Does the Council wish to allow the City Manager to fill the Library Director position on a parttime, temporary basis by sharing the Wilsonville Library Director? Summary: With the departure of the West Linn Library Director, there is a need for an interim director. The City Manager and Assistant City Attorney have negotiated the proposed IGA with City of Wilsonville for Library Director Services. This IGA will allow West Linn to have an experienced director managing the West Linn library on a part-time basis while pursue the recruitment of a new full-time director. The City of West Linn will save approximately $15,000-20,000 during this interim period. Staff Recommendation: Move to approve the IGA with Wilsonville for Library Director Services and authorize the City Manager to sign it.

2 Memorandum Date: December 28, 2013 To: From: John Kovash, Mayor Members, West Linn City Council Chris Jordan, City Manager Subject: Intergovernmental Agreement (IGA) with Wilsonville for Library Services Purpose The proposed IGA provides the City of West Linn with an experienced part time library director for an interim period of four months while we engage in the recruitment of a new director. Background With the departure of Library Director Diane Satchwell, the City of West Linn has a need for interim library director services. We have worked with the City of Wilsonville to share the services of Wilsonville Library Director Pat Duke through April 30 on a part time basis. During these four months, we will endeavor to recruit a new permanent director for West Linn. Under the proposed IGA, West Linn will pay Wilsonville on an hourly basis for Mr. Duke at a rate equal to his salary and benefits. Options 1. Approve the proposed IGA with Wilsonville for library director services. 2. Do not approve the IGA. The City Manager will then pursue other alternatives for interim library director services. Recommendation Staff recommends the Council approve the IGA with Wilsonville. 1

3 INTERGOVERNMENTAL AGREEMENT FOR LIBRARY DIRECTOR SERVICES This Agreement is made and entered into this day of, 2012, by and between THE CITY OF WILSONVILLE, an Oregon municipal corporation, ( Wilsonville ), and THE CITY OF WEST LINN, an Oregon municipal corporation, ( West Linn ). RECITALS A. ORS permits units of local government to enter into intergovernmental agreements for the performance of any or all functions and activities that a party to the agreement has authority to perform; and B. West Linn requires the services of a qualified library director to assist in managing the library on a short term, part-time basis, while West Linn recruits a new library director; and C. Wilsonville employs a library director with the particular training, ability, knowledge, and experience to meet the needs of West Linn; and NOW, THEREFORE, in consideration for the mutual covenants contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. RECITALS. The recitals set forth above are true and correct and are incorporated herein by this reference. 2. DURATION. The term of this Agreement shall commence after execution by both parties. This Agreement shall expire on April 30, 2013, or earlier if a new West Linn Library Director is hired. The term of this IGA shall not be extended. 3. ASSIGNMENT AND WORK HOURS. Wilsonville shall make its Library Director, Pat Duke, ( Interim Director ), available to perform higher level management duties for the West Linn Public Library for approximately 15 hours per week. The Interim Director shall have a flexible work schedule, and he shall be at the West Linn Public Library on dates and times that are mutually agreed upon between the parties. The Interim Director will be reasonably available to West Linn staff via phone and when he is not in West Linn. In the event of a scheduling conflict, the Interim Director s responsibilities for Wilsonville shall take precedence over any request for services by West Linn. 4. SCOPE OF WORK. a. The Interim Director shall have the authority, powers, functions, and duties of a full-time West Linn library director, except that: 1) The day to day management duties will be performed by the Principal Librarian and potentially two Librarian IIs; Library Director Services Page 1 of 5

4 2) The Interim director will not initiate any significant initiatives during this short tenure; and 3) Staff issues, such as hiring, disciplinary action, or firing, will be handled by the West Linn City Manager. b. Typical Duties of the Interim Director shall include: 1) Supervising and evaluating employee performance, 2) Conducting staff meetings and providing necessary inservice training, 3) Developing and administering the annual library budget, 4) Continuing work on the library parking lot development application, 5) Continuing work with the Library Advisory Board, and 6) Attending meetings and representing the West Linn Public Library as required. 5. PAYMENT. West Linn shall promptly reimburse Wilsonville for the actual expenses incurred for library director services provided to West Linn. For purposes of this Agreement, actual cost shall be a rate of $73.00 per hour, or portion thereof. No other incidental costs shall be reimbursed. 6. PERSONNEL. No employees will be formally transferred pursuant to this Agreement. Wilsonville will continue to pay the Interim Director and shall keep accurate records of hours worked pursuant to this Agreement. West Linn shall provide a time sheet for the Interim Director to keep records of the hours worked for West Linn. Wilsonville and West Linn are subject employers under ORS Chapter 656, and shall maintain current valid workers compensation insurance coverage throughout the period of this Agreement. This Agreement does not change the status of any employee of the respective entities. 7. TERMINATION. This Agreement may be terminated by mutual consent of both parties, or by either party at any time, upon giving notice in writing at least seven (7) days in advance, and delivering the notice by certified mail or personal service. In the event of termination of the Agreement, West Linn shall pay for all services rendered by the Interim Director to the date of termination. Such termination shall be without prejudice to any obligations or liabilities of either party accrued prior to such termination. 8. HOLD HARMLESS. West Linn shall be solely responsible for the actions of the Interim Director while acting within his authority pursuant to this Agreement for the sole benefit of West Linn. Accordingly, to the extent permitted by Article 11, Section 7, and Article 11, Section 10 of the Oregon Constitution and the Oregon Tort Claims Act, West Linn shall hold harmless, defend and indemnify Wilsonville from any and all claims, demands, damages or injuries, liability of damage that anyone may have against the Interim Director, or assert by reason of any error, act or omission of the Interim Director in the performance of his/her duties under the terms of this Agreement. It is further agreed and understood that neither party is, by virtue of this Agreement, a partner or joint venturer with the other party and neither party shall have any obligation Library Director Services Page 2 of 5

5 with respect to the other party s debts or liabilities of whatever kind or nature. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this indemnification. 9. METHOD AND PLACE OF GIVING NOTICE, SUBMITTING BILLS, AND MAKING PAYMENTS. All notices, bills, and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills, and payments sent by mail should be addressed as follows: City of West Linn Attn: Chris Jordan, City Manager Salamo Road West Linn, OR Phone: Fax: City of Wilsonville Attn: Jeanna Troha SW Town Center Loop E Wilsonville OR Phone: When addressed as above, any notices, bills, or payments shall be deemed given upon deposit in the United States Mail, postage prepaid. In all other instances, notices, bills, and payments shall be deemed given at the time of actual delivery. Changes may be made to the names and addresses of the person to whom notices, bills, and payments are to be given by providing notice pursuant to this paragraph. 10. ATTORNEY FEES. In the event an action, lawsuit or proceeding, including appeal there from, is brought for failure to fulfill or comply with any of the terms of this agreement, each party shall be responsible for their own attorney fees, expenses, costs and disbursements for said action, lawsuit, proceeding or appeal. 11. NO WAIVER. The failure by any party to enforce any provision of this Agreement shall not constitute a waiver by that party of that provision or of any other provision of this Agreement. 12. SEVERABILITY. Should any provision or provisions of this Agreement be construed by a court of competent jurisdiction to be void, invalid or unenforceable, such construction shall affect only the provision or provisions so construed, and shall not affect, impair or invalidate any of the other provisions of this Agreement which shall remain in full force and effect. 13. HEADINGS. The headings of this Agreement are for convenience only and shall not be used to construe or interpret any provisions of this Agreement. Library Director Services Page 3 of 5

6 14. APPLICABLE LAW. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Oregon. 15. ASSIGNMENT/DELEGATION. Wilsonville shall not delegate the responsibility for providing services hereunder to any other individual or agency. Neither this Agreement nor any of the rights granted by this Agreement may be assigned or transferred by either party. 16. MERGER. This writing is intended both as the final expression of the Agreement between the parties with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement. No modification of this Agreement shall be effective unless and until it is made in writing and signed by both parties. 17. BINDING EFFECT. The terms of this Agreement shall be binding upon and inure to the benefit of each of the parties and each of their respective administrators, agents, representatives, successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their duly authorized officers. Dated this day of, City of Wilsonville Dated this of, By: Approved as to Form: Wilsonville City Attorney Library Director Services Page 4 of 5

7 City of West Linn Dated this of, By: Approved as to Form: West Linn City Attorney Library Director Services Page 5 of 5