HomeMy WebLinkAboutResolution No. 4672
RESOLUTION NO. 4672
A RESOLUTION AMENDING THE PIC/LEO AGREEMENT
CONCERNING ALL CONTRACTS WITH THE STATE OF
OREGON.
The City Council of the City of Eugene finds that:
A. 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.
B. The first sentence of Section IV(B) of the Amended PIC/LEO Agreement, attached
hereto as Exhibit A, requires the Lane Workforce Partnership to indemnify the Member
Governments, including the City of Eugene.
C. The second sentence of Section IV(B) of the Amended PIC/LEO Agreement requires
that Lane Workforce Partnership obtain indemnification from all subcontractors for the Member
Governments, the City of Eugene, the City of Springfield and Lane County in all contracts.
D. 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.
E. The 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 a Lane Workforce Partnership for any liability arising out of the
wrongful acts of Lane Workforce Partnership or its officers, employees, or agents.
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F. The State of Oregon is a crucial party to the continued provision of adequate
workforce development services in Lane County.
G. On May 31, 2000, the Lane County Board of County Commissioners waived the
requirement to obtain indemnification from subcontractors. On April 16, 2001, the City Council for
the City of Springfield also waived that requirement.
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, a
Municipal Corporation of the State of Oregon, as follows:
Section 1.
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
its subcontractors is hereby waived with regard to all contracts with the State of Oregon.
Section 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 Eugene.
The foregoing Resolution adopted this 14th day of May, 2001.
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City Recorder
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