HomeMy WebLinkAboutDoc 110 - CDD Bldg Svcs IGA - SistersDeschutes 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 Document No. 2013-110, an Intergovernmental Agreement
between the City of Sisters and Deschutes County.
PUBLIC HEARING ON THIS DATE? NO
BACKGROUND AND POLICY IMPLICATIONS:
Deschutes County Community Development Department (CDD) responded to a Request for Proposals
issued by the City of Sisters for Building Official, inspections and plan review services. CDD was
selected as the most responsive proposer. This Contract will allow the County's Building Division to
provide these services to the City effective 1/1/13 through 12131115.
FISCAL IMPLICATIONS:
The estimated revenue generated to the Community Development Department through this Contract
period is $150,000.
RECOMMENDATION & ACTION REQUESTED:
Request approval and signature from the Board of Commissioners for Document No. 2013-110,
Personal Services Contract between the City of Sisters and Deschutes County.
ATTENDANCE: Nick Lelack, Interim Community Development Director !
DISTRIBUTION OF DOCUMENTS: I
Two original contracts should be returned to Kathleen Stockton, CDD, 317-3193.
DESCHUTES COUNTY DOCUMENT SUMMARY
(NOTE: This form 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 Form is also required. If this form 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 form with your documents, please submit this form
electronically to the Board Secretary.)
Please complete all sections above the Official Review line.
Date: 13/13/131 Department: ICDDI
Contractor/Supplier/Consultant Name: Ci of Sisters
Contractor Contact: Pauline Hardie, CDD Directo Contractor Phone
#: 1541-323-52081
Type of Document: Personal Services Contract, Doc. No. 2013-110
Goods and/or Services: Deschutes County to provide Building Official, Building
Inspection and Plan Review services for the City of Sisters.
Background & History: The City of Sisters issued a Request for Proposals to
provide building official, inspection and plan review services. Deschutes County
responded to the RFP and was selected as the most responsive proposer. The
Personal Services Contract details the services Deschutes County will provide the City
as well as the cost for service. The effective date of this Contract begins 1/1/13 until
12131/15. The Contract may be extended for one two-year term.
Agreement Starting Date: 11/1113/ Ending Date: /12131115/
Annual Value or Total Payment: lliQ,OOO. annuall~
o Insurance Certificate Receiied (cleck box)
Insurance Expiration Date:
IJ!A
Check all that apply:
rgJ RFP, Solicitation or Bid Process o Informal quotes «$150K)o Exempt from RFP, Solicitation or Bid Process (specify -see DCC §2.37)
Funding Source: (Included in current budget? rgJ Yes 0 No
If No, has budget amendment been submitted? 0 Yes D No
Is this a Grant Agreement providing revenue to the County? DYes rgJ No
Special conditions attached to this grant:
Deadlines for reporting to the grantor:
3/13/2013
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: DYes D No
Contact information for the person responsible for grant compliance : Name:
Phone #:
Departmental Contact and Title: Kathleen Stockton, Admin. Assistant
Phone #: x3193 (
Department Director Approval: ac~~3/(3('1
v Signature r Ddte
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):-013OCC 0 Department Director (if <$25K)
o Administrator (if >$25K but <$150K; if >$150K, BOCC Order
Legal Review 0~t::~ Date
Document Number 2U /5 -II ()
3/13/2013
PERSONAL SERVICES CONTRACT
Building Official Services
THIS CONTRACT made and entered into thj ~fFebruary, 2013, by and between the CITY
of SISTERS, a municipal corporation of the state of Oregon, hereinafter referred to as "City", and
DESCHUTES COUNTY, a political subdivision of the State of Oregon, hereinafter referred to as
"County".
WITNESSETH:
WHEREAS, In November, 2012 the City issued a Request for Proposals to provide Building
Official, Building Inspection, and Plan Review services for the City; and
WHEREAS, the City selected County as the most responsive proposer; and
WHEREAS, the City desires to retain County to perform the duties and professional services
required under this Agreement; and
WHEREAS, it is the purpose of this Contract to establish the terms and conditions of employment
of County under this Contract to act as Building Official, Building Inspector, and provide plan
review services to the City;
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND
AGREEMENTS HEREIN CONTAINED, THE PARTIES DO AGREE AS FOLLOWS:
1. Building Official: County is appointed as and agrees to act as Building Official, Building
Inspector, and provide plan review services to the City.
2. Effective Date and Duration: This Contract commences January 1, 2013 and continues
thereafter until December 31, 2015, at which point it may be extended for one two-year
extension.
3. Scope of Services: County agrees to provide to City all typical of building official,
building inspection and plan review services, including but not limited to the following:
3.1 Provide plan review services for residential and commercial plans under the State of
Oregon Building Code, including performing plan reviews for structural design and Fire
and Life Safety Code compliance with all adopted City codes, including the current editions
Personal Services Contract -Building Official Page I of 9
DC -2013-1 1
of: State of Oregon Structural Specialty Code, State of Oregon Residential Specialty Code,
State of Oregon Plumbing Specialty Code, State of Oregon Electrical Specialty Code, RV
and Manufactured Dwelling and Park Specialty Code, Oregon Energy Efficiency Specialty
Code, Oregon Mechanical Specialty Code, and Oregon Fire Code.
3.2 For all permit applications, identify for the applicant any deficiencies in compliance
with the applicable building or specialty code and clearly note in the file each deficiency
separately along with referenced code s~ctions. Provide a list to the applicant of corrections
required prior to approval and issuanc"e of a permit. Provide an initial plan review on one
and two family dwellings within ten (10) working days of the time they were provided to
the designee. Provide an initial plan review for all other development within fifteen (15)
working days from the date the plans were provided to the designee or as approved by the
City's designee.
3.3 Provide inspection services on structures including, but not limited to, A-level
structural, A-level plumbing, A-level mechanical, A-level electrical, one and two family
structural, mechanical, plumbing, and electrical, recreational vehicle parks and
manufactured home parks at various stages of construction to assure compliance with the
building codes, noting violations. Re-inspect to insure all noted violations have been
corrected. Stop work on a construction site if code violations are not corrected. Make the
final approval for occupancy.
3.4 Perform building official administration covering all mandated reports, filings, and
code interpretations. Maintain and submit to the City adequate records to assure proper
documentation of inspections. Oversee the issuance of permits and monitor
interdepartmental permit processing.
3.5 Upon City adoption of City procedures in compliance with ORS 455.157, enforce
appropriate state codes and safety laws and city ordinances; approve or disapprove work;
issue violation notices; prepares correction notices in compliance with the City's adopted
procedures.
3.6 Discuss with permit applicants and potential permit applicants the feasibility of
proposed projects and provide building specialty code information to developers, engineers,
contractors, property owners, etc. Respond to citizen inquiries and complaints, investigates
and resolves violations and complaints.
3.7 Review grading plans submitted to the Public Works Department for compliance
with ADA Accessibility Guidelines and grading regulations pertaining to the construction
of buildings.
3.8 Investigate complaints of unsafe or abandoned buildings and initiates the actions
required to remedy the situation.
3.9 Inspect structural problems with building sites, such as surface water problems,
Personal Services Contract -Building Official Page 2 of 9
inadequate access, and assures that problems are corrected, except any enforcement shall be
in compliance with the City regulations adopted in compliance with ORS 455.157.
3.10 Participate in and contribute to the City's development review process and meetings
and provides written recommendations and/or conditions of approval.
3.11 Attend City Council and Planning Commission meetings, City community
workshops, and such other meetings as needed. City will provide at least 7 day's notice
prior to such meetings that occur outside the normal business hours where attendance is
needed.
3.12 Provide information to the permit applicants and potential permit applicants on new
City programs and City and State rule interpretation of building codes and City ordinances,
subject to review by City Council.
3.13 Make building inspectors available to the permit applicants, potential permit
applicants and City staff by appointment (with short notice one-half day at most) during
all normal City business hours for meetings onsite, at City Hall, at the County CDD
building, or by telephone. Deschutes County and City customers may submit building
permit applicants at the Deschutes County CDD building or Sisters City Hall during all
normal business hours for permits for properties in rural areas and within the city limits.
The County shall provide one building official or inspector on the following schedule:
(a) In the City of Sisters: 4 days per week, 4 hours per day Monday through
Thursday, excepting holidays. During this time the County building official/inspector will
be available to City customers for inspections, meetings, plan review, and related activities.
The hours of the day shall be determined jointly by the City and County, be consecutive
hours, and be convenient to City customers.
(b) Outside City limits: For 4 hours each Friday, excepting holidays, the County
shall have a County building official/inspector located within 5-10 miles of the City limits
who will be available, as needed and as soon as possible, to travel to the City office to meet
with City customers for inspections, meetings, plan review, and related activities. The
hours of the day shall be determined jointly by the City and County, be consecutive hours,
and be convenient to City customers.
(c) If the City's average building permit volume decreases by more than 10%
from 2011-12 levels (approximately $83,000 in building permit and electrical fee revenues),
the City and County shall discuss a reduction in this service level and agree in writing to any
reduction. Any reduction shall not fall below a minimum of 4-days per week 3-hours per
day in the City limits.
3.14 Coordinate activities with City's Community Development Department, City's Fire
Department and City'S Code Enforcement Officer.
Personal Services Contract -Building Official Page 3 of 9
3.15 Assist the City CDD Director in developing and implementing departmental
routines, methods, standards and procedures.
3.16 Review and maintain all records required by Federal Emergency Management
Agency (FEMA) in association with the processing of building permits in the format
required by FEMA.
3.17 Calculate building permit and other impact fees.
3.18 Coordinate services, progress reports and other services under this Contract through
the following authorized City employee:
Name: Pauline Hardie, Community Development Director
Phone Number: (541) 323-5208
The County reports directly to the Community Development Director. It is specifically
noted that inquiries from the general public and/or the press are outside the purview of the
County and that any and all inquiries for the City Building Official's time shall be
channeled through the Community Development Director and City Manager who shall
discuss such requests with the City Council. The City may change the designated contact
person by providing written notice to the County.
3.19 The designated representative for this agreement is the following County employee:
Name: Nick Lelack, County Interim Community Development Director
Phone Number: (541) 385-1708
The County may change the designated contact person by providing written notice to the
City.
3.20 Provide and maintain the vehicles necessary to perform the services as set forth in
this Agreement. The County shall also provide cell phones, code books, measuring tools,
and other related equipment to perform their duties.
3.21 The County will provide technical assistance and staff support to the City to set up
and implement ACCELLA Automation, a software permitting program that has been
adopted by the State of Oregon for establishing consistency in processing and recordkeeping
of building applications, permits and inspections state-wide. ACCELA Automation
program has been implemented by many cities and counties in the State. Deschutes County
will be entering into an Intergovernmental Agreement (IGA) with the State of Oregon to
develop and convert the Community Development Department's data base for building
services to ACCELA Automation within the next several months. Costs associated with
developing and implementing this program for the City of Sisters will be at no additional
cost to the City.
Personal Services Contract -Building Official Page 4 of 9
4. Restrictions:
4.1 County shall make prompt payments as due to all persons supplying labor or
materials for the work provided under this Contract. City shall make prompt payments as
due to County.
4.2 During the course of this Contract, County, its employees or agents, may have
access to confidential information of City and may participate in confidential discussions
with City. Neither County nor its employees or agents shall disclose confidential City
information to any third party during the term of this Contract or after its termination except
as required by a court of competent jurisdiction or with the consent of City.
5. Fee for Services:
5.1 City is responsible for collection of building permit and electrical fees. City may, in
its sole discretion, waive building permit and/or electrical fees. City shall pay County 62%
of all fees collected and 62% of the applicable fee if the fee is waived by City. City shall
forward payment for service provided by County to City on a monthly basis no later than
the 15 th day ofthe following month in which the fees were collected or waived.
5.2 In the event that a dispute arises regarding the amount of fees collected by City, City
shall pay any amounts it agrees it owes and shall withhold payment of disputed amounts
pending resolution of those disputes. County shall provide any necessary documentation to
support its billing to City.
5.3 City shall provide an office space, computer and printers for the convenience of
County and its employees without charge to the County. All City equipment provided will
remain the property of the City of Sisters.
6. Insurance: County shall provide to the City Certificate(s) of Self-Insurance for all required
insurance before performing any services required under the Contract. Insurance is required
to cover all workers compensation and professional liability claims arising out of the
County or its agents and employees performance of County's duties under this contract.
7. Independent Contractor: County, for the purpose of this Contract, shall be considered an
independent contractor. As an independent contractor, County agrees as follows:
7.1 County will be solely responsible for payment of Federal or State taxes required as a
result of this Contract;
7.2 County is not entitled to any benefits generally granted to city employees;
7.3 County is solely liable for any Workers Compensation coverage under this contract.
If County has the assistance of other persons in the performance of this contract, County
Personal Services Contract Building Official Page 5 of 9
shall qualify and remain qualified for the term of this contract as a direct responsibility
employer under Oregon Workers' Compensation law.
7.4 County shall comply with the requirements of a Contractor under Oregon Revised
Statutes.
8. Non-Discrimination: Each party agrees that it shall not discriminate on the grounds of
race, color, creed, national origin, sex, marital status, age, or disability in the performance of
this Contract. 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 statues, rules and regulations.
Each party shall also comply with the Americans with Disabilities Act of 1990 (Pub L No.
101-336), ORS 659.425, and all regulations and administrative rules established pursuant to
those laws. Each party agrees to comply with ADA in its employment and
nondiscrimination practices, and that it shall perform its contractual obligations consistent
with ADA federal requirements/regulations, state disability and accessibility law and
requirements, and applicable regulation and administrative rules established pursuant to
those laws.
9. Assignment: Neither County nor City may assign this Contract without the prior written
consent of the other. County may, however, employ any other party or entity it deems
necessary or proper for any part of the services required to be performed by County under
the terms of this Contract.
10. Representations and Warranties: County warrants with and represents to City that:
10.1 At all times during the course of this Contract, County employees and agents will be
appropriately licensed, authorized and qualified to perform and provide the services that
they perform under this Contract.
10.2 County will perform the services that are the subject of this Contract in conformance
with the prevailing standards of professional due care and quality, and that the work product
described in this Contract will be useful for its intended purpose.
11. Termination:
11.1 City's Right to Terminate. City may, at its sole discretion, terminate this Contract
upon 30 days written notice to County.
11.2 Contractor's Right to Terminate. County may, at its sole discretion, terminate this
Contract upon 30 days written notice to the City.
11.3 Mutual Consent. This Contract may be terminated at any time by mutual written
Personal Services Contract -Building Official Page 6 of 9
consent of the parties.
12. Indemnification Hold Harmless: To the extent pennitted 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 hannless and indemnify City and its officers, employees and agents
from and against all claims, suits, actions, loses, damages, liabilities, costs and expenses of
any nature resulting from or arising out of, or relating to the activities of County or its
officers, employees, contractors, or agents under this Contract. To the extent pennitted by
the Oregon Tort Claims Act, ORS 30.260 through 30.300, City shall defend, save, hold
hannless 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 out of, or relating to the activities of the City or its officers, employees,
contractors, or agents under this Contract. Neither party shall be liable to the other for any
incidental or consequential damages arising out of or related to this Contract. Neither party
shall be liable for any damages of any sort arising solely fonn the tennination of this
Contract or any part hereof in accordance with its tenns.
13. Notice: Any notices required under this Contract shall be effective when received at the
following addresses:
City:
County:
City of Sisters
520 E. Cascade Avenue
PO Box 39
Sisters, OR 97759
(541) 549-6022
Deschutes County
Community Development Department
117 NW Lafayette Avenue
PO Box 6005
Bend, Oregon 97701
(541) 388-6575
14. Waiver: Either party's delay in exercising, or failure to exercise any right, power, or
privilege under this Contract shall not operate as a waiver thereof, nor shall any single or
partial exercise or any right, power or privilege under this Contract preclude any other or
further exercise thereof or the exercise of any other such right, power or privilege. The
remedies provided herein are cumulative and not exclusive of any remedies provided by
law.
15. 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 tenns of this Contract, each party
shall be responsible for their own attorney fees, expenses, costs and disbursements for said
action, lawsuit, proceeding or appeal.
Personal Services Contract -Building Official Page 7 of 9
16. Jurisdiction: This Contract is executed in Sisters, Oregon. Any litigation over this
Contract shall be governed by the laws of the State of Oregon and shall be commenced in
Deschutes County.
17. No Third Party Beneficiaries: City and the County are the only parties to this Contract
and are the only parties entitled to enforce its tenns. Nothing in this Contract gives, is
intended to give, or shall be construed to give or provide any benefit or right, whether
directly, indirectly or otherwise, to third persons unless such third persons are individually
identified by name herein and expressly described as intended beneficiaries of the tenns of
this Contract.
18. Severability: If any tenn or provision of this Contract is declared illegal or in conflict with
any law by a court of competent jurisdiction, the validity of the remaining tenns and
provisions shall not be affected and the rights and obligations of the parties shall be
construed and enforced as if the Contract did not contain the particular tenn or provision
held to be invalid.
19. Integration: This Contract constitutes the entire agreement between City and County
regarding the services and supersedes all prior or contemporaneous oral or written
representations or agreements. This Contract shall not be modified except by a document
signed by both parties and in writing.
IN WITNESS WHEREOF the parties have caused this Contract to be executed the day
and year first above written.
COUNTY SIGNATURES ON FOLLOWING PAGE
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--------Dated this of , 2013 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ALAN UNGER, Chair
TAMMY BANEY, Vice Chair
ATTEST:
Recording Secretary ANTHONY DEBONE, Commissioner
APPROVEED AS TO FORM
County Assistant Legal Counsel
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