HomeMy WebLinkAboutDoc 026 - CDD Bldg Svcs IGA - RedmondI
Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of April 3, 2013
DATE: March 20,2013
FROM: Kathleen Stockton CDD 317-3193
TITLE OF AGENDA ITEM:
Consideration of Board's Signature of Docurnent No. 2013-026, an Intergovernmental Agreement
between the City of Redmond and Deschutes County.
PUBLIC HEARING ON THIS DATE? NO
BACKGROUND AND POLICY IMPLICATIONS:
In 2002, the City of Redmond and Deschutes County entered into an IGA for Building Official, plans
examination and inspection services. The proposed IGA (Doc. No. 2013-026) rescinds the current IGA
(Doc. No. 2008-011) and expands the County services to add commercial structural and mechanical
building inspections and plan reviews to existing contract services for plumbing, electrical, residential
structural and mechanical building inspections and plan reviews when needed. The County's Building
Official will continue to act as Building Official in the absence of the City'S Building Official on an as
needed basis
FISCAL IMPLICATIONS:
The estimated revenue generated to the Community Development Department through this Contract
period is $100,000 annually.
RECOMMENDATION & ACTION REQUESTED:
Request approval and signature from the Board of Commissioners for Document No. 2013-026,
Intergovernmental Agreement between the City of Redmond and Deschutes County.
ATTENDANCE: Nick Lelack, Interim Commuity Development Director
DISTRIBUTION OF DOCUMENTS:
Two original contracts should be returned to Kathleen Stockton, CDD, 317-3193.
DESCHUTES COUNTY DOCUMENT SUMMARY
(NOTE: This fonn is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be
on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board
agenda, the Agenda Request Fonn is also required. If this fonn is not included with the document, the document will be returned to
the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the
County Administrator or the Commissioners. In addition to submitting this fonn with your documents, please submit this fonn
electronically to the Board Secretary.)
Please complete all sections above the Official Review line.
Date: March 4, 20131 Department: ICDDI
Contractor/Supplier/Consultant Name: Cit of Redmond
Contractor Contact: Heather Richards Contractor Phone #: 1541 j
1923-77561·
Type of Document: Intergovernmental Agreement, Doc. No. 2013-026
Goods and/or Services: Deschutes County to provide building inspection and plan
review services to the City of Redmond.
Background & History: In 2002, the City of Redmond and Deschutes County
Community Development Dept. entered into an IGA for building official, plans
examination and inspection services (Contract 2002-228). During the course of time,
the City and County have revised services provided to the City based upon the City's
needs. The proposed IGA (Doc. No. 2013-026) has been revised to rescind the current
IGA (Doc. No. 2008-011) and incorporate the current inspection/plan review needs of
the City.
Agreement Starting Date: 1/1/13
renewal unless terminated er Section 2 of this A
Annual Value or Total Payment: 1$100,000. annuall~
D Insurance Certificate Receiled (CieCk box)
Insurance Expiration Date:
N/h
Check all that apply:
D RFP, Solicitation or Bid Process
D Informal quotes «$150K)
[Xl Exempt from RFP, Solicitation or Bid Process (specify see DCC §2.37)
Funding Source: (Included in current budget? [Xl Yes D No
If No, has budget amendment been submitted? DYes D No
Is this a Grant Agreement providing revenue to the County? Yes [Xl No
3/4/2013
Special conditions attached to this grant:
Deadlines for reporting to the grantor:
If a new FTE will be hired with grant funds, confirm that Personnel has been notified that
it is a grant-funded position so that this will be noted in the offer letter: 0 Yes C8J No
Contact information for the person responsible for grant compliance : Name:
Phone #: I I
Departmental Contact and Title: Kathleen Stockton, Admin. Assistant
Phone #: 317-3193 t!a
Department Director Approval: iJickz----' ~12-----=
Signa ure
Distribution of Document: Who gets the original document and/or copies after it has
been signed? Include complete information if the document is to be mailed .
Official Review:
County Signature Required (check one~occ 0 Department Director (if <$25K)
K, BOee Order No. : ~~~.tL--3h «l8 Date / /
3/4/2013
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
INTERGOVERNMENTAL AGREEMENT BETWEEN
THE CITY OF REDMOND, OREGON
AND
DESCHUTES COUNTY FOR
BUILDING INSPECTIONS AND PLAN REVIEW SERVICES
Document No. 2013-026
This Agreement, is made and entered into by and between Deschutes County, a political
subdivision of the State of Oregon, hereinafter referred to as "COUNTY," and the City of
Redmond, a municipal corporation of the State of Oregon, hereinafter referred to as "CITY."
Deschutes County Contract No. 2008-011, entered into by the parties on January 23, 2008, is
rescinded and declared null and void.
WITNESSETH:
WHEREAS, the COU NTY and the CITY are authorized pursuant to ORS 190.003 through
190 .110 to enter into an intergovernmental agreement for the performance of any or all
functions which a party to the agreement has the authority to perform; and
WHEREAS, both the COUNTY and the CITY find it beneficial to enter into this agreement in
order for the COUNTY to provide inspection services to the CITY;
NOW, THEREFORE, in consideration of the mutual promis.es and covenants herein contained,
it is mutually agreed as follows:
1. EFFECTIVE DATEIDURATION.
1.1. This Agreement is effective January 1, 2013.
1.2. The Agreement shall commence upon signature of all parties, and shall continue
in full force and effect until terminated as provided in Section 2.
2. TERMINATION.
2.1. This Agreement may be terminated by either party upon 30-days written notice to
the other party.
2.2 . Termination under this section shall not affect any obligations or liabilities
accrued prior to the effective date of termination.
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3. PURPOSE.
The purpose is for the COUNTY to provide plan review and inspection services as
needed on behalf of and for the benefit of the CITY.
4. COUNTY SERVICES.
The COUNTY agrees to:
4.1. Provide "A" level plumbing, mechanical, structural and electrical inspections as
well as plan review services, and residential plumbing, mechanical, structural and
electrical inspections as well as plan review services, and such other inspections
and services as needed on behalf of and for the benefit of CITY.
4.2 Review all building, plumbing, mechanical, structural and electrical plans
submitted to COUNTY by CITY to ensure their compliance with the State
Building Codes, ORS 455.
4.3. Make a good faith effort to review all plans submitted with the permit applications
listed in Section 4.2 within seven (7) working days after receipt from CITY of the
completed permit applications.
4.4. Promptly, upon completion of its plans review, the COUNTY shall:
4.4.1. If the plans comply with the State Building Code (ORS 455), approve
such plans and notify CITY of such approvals so CITY may issue
appropriate permits, or
4.4.2. Notify the applicant of any deficiencies in the plan review report.
4.5. Upon request of CITY, for properties within CITY limits and the Redmond Urban
Growth Boundary, provide building. mechanical, plumbing, electrical and State
MHRV inspection services at all levels for CITY enforcement of the State Building
Code and State MHRV Regs.
4.6. Make a good faith effort to provide inspections listed in Section 4.1. within one (1)
working day following COUNTY's receipt of an inspection request; however, both
parties agree that two (2) working days to provide inspections required under the
terms of this Agreement is not unreasonable.
4.7. Notify CITY as soon as possible if inspections will not be provided within two (2)
working days.
4.8. Meet with permit applicants/holders and/or CITY staff at COUNTY Offices or City
Hall to address and attempt to resolve any issues arising under the applicable
State Building Codes, State MHRV Regs or CITY Codes and Ordinances and
related issues.
4.9. Coordinate with CITY, including CITY Community Development Department.
Redmond Fire & Rescue (Fire Marshall) and CITY Public Works Department, on
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SERVICES -Document No. 2013-026
inspections, permit applications, plans reviews, CITY land use and utilities
regulations, and a filing system to ensure that records of all permits and
applications are properly maintained.
4.10. Upon receipt of written request and instructions from CITY, conduct other
inspections for compliance with the codes indicated in Section 4 and with CITY'S
applicable land use requirements, housing code or building maintenance code,
and other ordinances and regulations and notify the CITY of any existing or
potential violations.
4.11. Provide the related computer and network system Administration and Information
Technology services described in EXHIBIT 1, attached and incorporated by
reference herein.
4.12, Upon request from CITY Building Official or Community Development Director,
provide COUNTY Building Official to act as CITY Building Official.
5. COUNTY SERVICE PROVIDERS.
5.1. COUNTY may use employees, agents or independent contractors to perform the
services required by it under the terms of this Agreement so long as such
employee, agent or independent contractor is properly certified for the service
performed.
5.2. COUNTY and CITY agree to meet and make a good faith attempt to resolve any
issue or conflict that may arise between COUNTY and CITY regarding customer
service or procedural elements of any service provided either by COUNTY or its
agents.
6. PAYMENT.
6.1. Non-Electrical Plans Examinations.
For each building, mechanical, plumbing, manufactured home set-up,
manufactured home and recreational parks plan examination services provided
by COUNTY per Section 4.1, CITY shall pay to COUNTY 55% of that plans
examination fee collected within CITY limits and unincorporated UGB.
6.2. Non-Electrical Inspections.
For each building, mechanical, plumbing, manufactured home set-up,
manufactured home, or recreational parks inspection services provided by
COUNTY to CITY under the terms of Section 4.1 of this Contract, CITY shall pay
to COUNTY 55% of the permit fee collected within CITY limits and the
unincorporated UGB.
6.3 Electrical Inspections and Plan Reviews. As compensation for the following
services to be provided by COUNTY to CITY under the terms of Sections 4.1 of1 this Agreement, CITY shall pay to COUNTY as follows:
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6.3.1. 75% of Electrical permit fee,
6.3.2. 75% of electrical plan check fee,
6.3.3. 75% of investigation fee,
6.3.4. 75% of Oregon State levied penalty fee,
6.3.5. 75% of master permit and industrial in-plant program fee collected by the
CITY within the city limits and the UGB.
6.4 CITY agrees to pay COUNTY actual cost for services (ACS) for Administrative
and Information Technology services detailed in EXHIBIT 1, attached and
incorporated by reference herein.
6.5. Compensation for the COUNTY services described in Section 4.1 through 4.12 is
included in the CITY's payment to COUNTY per Sections 6.1 through 6.3 and
COUNTY shall not be entitled to additional compensation for those services.
6.6 If the CITY waives the fee for any application for which COUNTY provides the
services in Section 4, CITY will compensate COUNTY at a rate of seventy
($70.00) dollars per hour for all COUNTY services provided, based on the
COUNTY staff time spent on permit application review, plans examination or in
the field performing inspections, including driving time.
6.7. For COUNTY services provided under Sections 4:
6.7.1. COUNTY shall submit billing statement(s) for payment of COUNTY'S
share of fees collected during the previous month by the 5th day of the
immediately following month.
6.7.2. CITY shall pay such billing statement(s) on or before the 25th day of the
month in which the billing statement is received.
6.7.3 CITY agrees to pay COUNTY a late payment charge of 1.5% per month
for any billing statement(s) received by CITY on or before the 5th day of
the month. which is not paid by the 25 th day of that month.
6.B. For COUNTY provided Administrative and Information Technology services listed
in EXHIBIT 1:
6.B.1. For administrative and system support services designated in EXHIBIT 1
for monthly billings, all billings from specified COUNTY Departments will
be submitted to CITY on or before the 15th day of the month.
6.B.2. For all services designated in EXHIBIT 1 for annual billings (license
agreement). COUNTY will submit to CITY the bill on or before February
15 beginning February 15. 2014.
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6.8.3. CITY shall pay such billing statements on or before the 5th day of the
following month in which the billing statement is received.
6.9, CITY agrees to pay COUNTY a late payment charge of 1.5% per month for any
amounts due and not paid after the 5th day of the following month in which the
billing statement is received.
6.10. Payment by CITY of any billing statement received from COUNTY shall release
CITY from any further payment obligation to COUNTY for services performed or
expenses incurred as of the date of the billing statement.
7. CITY'S OBLIGATION.
In addition to the obligations above, in order to facilitate the services to be provided by
COUNTY to CITY under the terms of this Agreement, CITY agrees to:
7.1. Receive all permit applications and messages and promptly advise COUNTY of
such receipt.
7.2. Issue permits, collect fees, and provide related administrative services.
7.3. Require all applicants to pay building, mechanical, electrical, plumbing. and
manufactured home permit fees, plan check fees, and manufactured home park
and recreational vehicle park fees prior to the issuance of any permit.
7.4. Charge fees in accordance with its: (i) building, mechanical. electrical. plumbing.
and manufactured home set up and recreational vehicle park permit fee
schedules; (ii) valuation schedules, and (iii) any additional fees assessed or
required by CITY.
7.5. ORS 455.210 shall govern maximum structural, plumbing, electrical, mechanical,
manufactured home set up and recreational vehicle park permit fees.
7.6. Review plans for compliance with CITY'S Development Code and other
applicable CITY ordinances and requirements, and notify COUNTY in writing of
any concerns or issues by notations on the building plans.
8. LIMITATIONS.
8.1 This Agreement is expressly subject to the provisions and requirements of ORS
279A and 279B, the Oregon Tort Claims Act, ORS 30.260 through 30.300 and to
the debt limitation of Oregon counties as set forth in Article XI, Section 10, of the
Oregon Constitution, and is contingent upon funds being appropriated therefore.
8.2. In the event sufficient funds are not appropriated for the payment of
consideration required to be paid under this agreement, and if City has no funds
legally available for consideration from other sources, then either party may
terminate this agreement in accordance with Section 2 of this agreement.
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8.3. Any provisions herein, which would conflict with law, are deemed inoperative to
that extent.
9. NON~D1SCRIMINATION.
9.1. Each party agrees that no person shall, on the grounds of race, color, creed,
national origin, sex, marital status, or age, suffer discrimination in the
performance of this Agreement when employed by either party.
9.2. Each party agrees to comply with Title VI of the Civil Rights Act of 1964, with
Section V of the Rehabilitation Act of 1973. and with all applicable requirements
of federal and state civil rights and rehabilitation statutes, rules and regulations.
9.3. Additionally, each party shall comply with the Americans with Disabilities Act of
1990 (Pub. L .No.101-336), ORS 659A142, and all regulations and
administrative rules established pursuant to those laws.
10. PARTNERSHIP.
Neither party is, by virtue of this Agreement, a partner or joint venture in connection with
activities carried out under this Agreement, and shall have no obligation with respect to
the other party's debts or any other liability or obligation of the other party of whatever
kind or nature.
11. CITY's REPRESENTATIVE.
CITY's authorized representative for the purposes of this Contract shall be the Redmond
Community Development Director Heather Richards or the Director's designee, 716 SW
Evergreen. Redmond, Oregon 97756, phone 541-923-7756, fax 541-548-0706.
12. COUNTY's REPRESENTATIVE.
COUNTY's authorized representative for the purposes of this Contract shall be
Deschutes County Interim Community Development Director Nick Lelack or the
Director's designee, 117 NW Lafayette, Bend, Oregon 97701, phone 541-385-1708, fax
541-385-1764.
13. SUBCONTRACT· ASSIGNMENTS AND DELEGATION.
13.1. This Agreement and all of the covenants and conditions hereof, shall inure to the
benefit of and be binding upon CITY and COUNTY respectively and their legal
representatives and successors.
13.2. Except as otherwise proved herein, COUNTY shall not assign any rights nor
delegate any duties incurred by this Agreement, or any part hereof without
written consent of both parties. and any assignment or delegation in violation
hereof shall be void.
14. ACCESS TO RECORDS.
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14.1. CITY shall have access to such books, documents, papers and records of
COUNTY as are directly pertinent to the services performed under the terms of
this Agreement for the purpose of conducting an audit or examination or
obtaining excerpts and transcripts.
14.2. The COUNTY shall have reciprocal access to CITY planning and building files.
15. FORCE MAJEURE.
Neither party to this Agreement shall be liable to the other party for delays in performing
the services or for the direct or indirect cost resulting from such delays that may result
from strikes, riots, war, acts of governmental authorities, extraordinary weather
conditions or other natural catastrophe, or any other cause beyond the reasonable
control or contemplation of either party.
16. NON-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.
17. 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.
18. APPLICABLE LAW.
This Agreement will be governed by the laws of the State of Oregon.
19. INDEMNIFICATION.
19.1. To the extent permitted by Article XI, Section 10, of the Oregon Constitution and
the Oregon Tort Claims Act, ORS 30.260 through 30.300, COUNTY shall defend,
save, hold harmless and indemnify CITY and its officers, employees and agents
from and against all claims, suits, actions, losses, damages, liabilities costs and
expenses of any nature resulting from or arising out of, or relating to the activities
of the COUNTY or its officers, employees, contractors, or agents under this
Agreement.
I
19.2. To the extent permitted by the Oregon Tort Claims Act, ORS 30.260 through
30.300, CITY shall defend, save, hold harmless and indemnify COUNTY and its
officers, employees and agents from and against all claims, suits, actions, losses,
damages, liabilities costs and expenses of any nature resulting from or ariSing 1 out of, or relating to the activities of CITY or its officers, employees, contractors,
I or agents under this Agreement.
I 19.3. Neither party shall be liable to the other for any incidental or consequential
l
damages arising out of or related to this Contract.
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19.4. Neither party shall be liable for any damages of any sort arising solely from the
termination of this Contract or any part hereof in accordance with its terms.
20. ASSIGNMENT.
Neither this Agreement nor any of the rights granted by this Agreement may be assigned
or transferred by either party.
21. 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.
22. 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.
23. HEADINGS.
The headings of this Agreement are for convenience only and shall -not be used to
construe or interpret any provisions of this Agreement.
24. INCORPORATION OF RECITALS.
The recitals set forth above are hereby incorporated into and made a part of this
Agreement.
25. COMPLETE AGREEMENT.
25.1. This contract and any referenced attachments constitute the complete
Agreement between CITY and COUNTY and supersede all prior written or oral
discussions or agreements.
Page 8 of 8 -INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF REDMOND,
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SERVICES -Document No. 2013-026
25.2. This Agreement may not be modified or amended except by writing signed by all
parties to this Agreement.
Dated this ___of ____" 2013 BOARD OF COUNTY COMMISSIONERS
ALAN UNGER, CHAIR
TAMMY BANEY, VICE-CHAIR
ATTEST:
Recording Secretary
DATED this / q of !l//ilC /~2013
C-))
BY: ~-~'1 Cu:::>
S'R'ARON HARRIS,
INTERIM CITY MANAGER
7~[tf:
STEVE BRYANT:Ctry ATTORNEY
ANTHONY DEBONE, COMMISSIONER
CITY OF REDMOND
BY:.~
GE ~ICOTT, MAYOR
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Exhibit 1
Administration and Information Technology Services
Compensation for COUNTY administration and Information Technology services for operation support
and system maintenance is outlined below.
1. Billing for services from COUNTY Information Technology Department:
Frequency of
Description Unit Billing
;.vO/L'J"//.Mf'),#J/U//A'","'/r;VHflWQKh'..-//r,.'lQ,~/q~../4W//.t.i:'xcr#H/7/~-,"/b":iIi:;'";;'~:<//Q///<'l/////,;W/,,,,',w.:-~7H//,(/7..c;w~~~.v.O'~ ~r,.QL""..w..:v~M:)'/4Jj(,;w'zcr;;;U-.M!'7A!~ ~.&7~~0'ddt:~pa
Infrastructure Support:
Includes all costs for COUNTY services pertaining to the
delivery, maintenance and support of software provided by
COUNTY to CITY. Costs associated with infrastructure support
will be reviewed annually by COUNTY. A 30-day notification of
I a change in the charge rate will be provided to CITY by COUNTY.
The rate for fiscal year 2011-2012 will be $1250 per PC and
$625 per printer. The first invoice will cover all of fiscal year
2011-2012. Subsequent invoices will be billed each July
through the remainder of this agreement.
Per City User Annual
Application Development and Enhancement:
Includes costs associated with the labor required to create or
modify computer software provided by COUNTY. Requests for
creation of or modification to software will be submitted in
writing by CITY. The billing rate is the ACS· for each COUNTY
staff person assigned to complete the request.
Per individual
COUNTY staff
assigned to this
service
Monthly
*ACS means COUNTY employee's salary per hour plus the value
of all benefits included in the employee's COUNTY
compensation package plus 15% for additional overhead costs
to COUNTY.
Page 1 of 3 Exhibit 1 to IGA between the City of Redmond and Deschutes County No. 2013-026
2. Billing for services from COUNTY Community Development Department:
Description Unit
Frequency of
Billing
".1'///~,a.'u/..../~~~g~hSV.lY"""'~~~Q~..ofo?i'~~
IVR Administration, System Maintenance and Upgrades:
~~/...zv..;;: ""''''''
For COUNTY inspection services provided under this contract,
COUNTY and customers shall use the COUNTY IVR system
(inspection request/results computer program), The cost to CITY
for the use of this system includes COUNTY services for
administration and management of the COUNTY IVR system. The
I designed COUNTY IVR Administrator will track total time providing
• system operations administration. In addition to IVR
Administrator's time, a report from COUNTY IT for remaining
COUNTY IVR services and support by COUNTY staff will be provided
to COUNTY for billing purposes. An application report will be
written by COUNTY IT to calculate the percent of total inspections
performed by COUNTY for CITY for a rolling -12-month period
(current month plus the previous 11 months). Using the rolling 12
month average percentage of total inspections conducted by
COUNTY for CITY, COUNTY will invoice CITY for IVR administrative
and support services by COUNTY staff.
Per individual
COUNTY staff
assigned to this
service
Monthly
The rate is ACS* for each COUNTY staff person assigned to this
I service.
I Laser Fiche consultation support:
!
• COUNTY will allow CITY to use COUNTY Laser Fiche software to scan
I inspection related paper documents for storage and public retrieval
purposes. COUNTY Laser Fiche Administrator will provide
instruction and consultation pertain to the management of CITY
scanned Community Development Department images upon
request by CITY. The rate for this service is ACS* for each COUNTY
staff person assigned to this service.
Per individual
COUNTY staff
assigned to this
service
Monthly
System Licenses and/or Maintenance Agreements:
COUNTY software licenses and maintenance agreements are
required in order to continue to use the COUNTY computer and
network system or system applications for services provided in this
i contract, including the COUNTY IVR and the COUNTY Laser Fiche.
IVR and Laser Fiche each have annuallicense!maintenance
agreements with respective providers and are subject to annual
increases by the providers. An application report will be written by
COUNTY IT to calculate the percent of total inspections performed
Per Application
License!
Agreement
Annually
Page 2 of 3 -Exhibit 1 to IGA between the City of Redmond and Deschutes County No. 2013-026
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by COUNTY for CITY for a rolling -12-month period (current month
plus the previous 11 months). Using the rolling 12-month average
percentage of total inspections conducted by COUNTY for CITY,
COUNTY will invoice CITY for the respective proportion of the
COUNTY'S IVR and Laser Fiche annual license/maintenance
agreements.
"ACS means COUNTY employee's salary per hour plus the value of all benefits included in the
employee's COUNTY compensation package plus 15% for additional overhead costs to COUNTY.
Page 3 of 3 -Exhibit 1 to IGA between the City of Redmond and Deschutes County No. 2013-026