HomeMy WebLinkAboutDoc 300 - IGA - State - Permitting SoftwareDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 -Fax (541) 385-3202 -..!!..!!..!.!.:..!:!~~~u:.
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of Wednesday, June 5, 2013, 10:00 a.m.
DATE: May 24, 2013.
FROM: Nick Lelack, Director Community Development 385-1708
TITLE OF AGENDA ITEM:
Consideration of Board's Signature of Document No. 2013-300, an Intergovernmental Agreement with
State of Oregon (Department of Consumer and Business Services).
PUBLIC HEARING ON THIS DATE? NO.
BACKGROUND AND POLICY IMPLICATIONS:
In 2008, the State of Oregon selected Accela Inc. as the vendor to create and provide the State with
ePermitting software, and IVR system as well as hosting services. The State has now converted over to
the new system and has made the system available to jurisdiction to use as no cost. lOA 2013-300 will
formally allow the County to use the State's ePermitting system.
FISCAL IMPLICATIONS:
None.
RECOMMENDATION & ACTION REQUESTED: I
Request approval from the Board of Commissioners of Documents 2013-300 and authorize Tom
Anderson, County Administrator to sign the Agreement. ,I
ATTENDANCE: Nick Lelack, Community Development Director and Lori Furlong,
Administrataive Manager
IDISTRIBUTION OF DOCUMENTS:
Two original contracts should be returned to Kathleen Stockton, CDD, x 3193. i
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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: 15/23/131 Department: ICDDI
Contractor/Supplier/Consultant Name: l§fuie of Oregon Dept. of Consumer andl
IBusiness Service~
Contractor Contact: Celina Patterson, ePermittin
Contractor Phone #: 503-373-0855
Type of Document: Intergovernment Agreement, Document No. 2013-300
Goods and/or Services: The IGA will allow the County access to the State's
ePermitting system software which will be incorporated in the Accela software project
for the Building and Environmental Soils divisions.
Background & History: In 2008, the State of Oregon and Accela Inc. entered into a
ePermit contract to provide the State with an ePermitting system software, an IVR
system as well as hosting services. The State has now converted over to the new
ePermitting system developed by Accela Inc. and the State has now made their system
available to jurisdictions to use. The IGA will formally allow the County to use the
State's ePermitting system.
Agreement Starting Date: une 15, 2013
l6!Jjomaticall renewed unless terminated
Annual Value or Tota.1 Payment: I!Q]
o Insurance Certificate Receiied (CieCk box)
Insurance Expiration Date:
Check all that apply: o RFP, Solicitation or Bid Process
D Informal quotes «$150K)
r2J Exempt from RFP, Solicitation or Bid Process (specify -see DCC §2.37)
Funding Source: (Included in current budget? DYes rg] No
If No, has budget amendment been submitted? DYes rg] No
Is this a Grant Agreement providing revenue to the County? Yes rg] No
5/24/2013
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 0 No
Contact information for the person responsible for grant compliance: Name:
Phone #:
Departmental Contact and Title: ILori Furlong, Administrative Manage~
Phone #: x3122
Department Director Approval: pji7Jk-1~
Signature • Dat9'
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.
IOfficial Review:
County Signature Required (check one): 0 BOCC Department Director (if <$25K)
o Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. _____)
Legal Review Date
Document Number DG _', t,.,2013· ":1pn
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5/23/2013
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IGA # 90GO00246
INTERGOVERNMENTAL AGREEMENT
ePermit Systenl and Services
TIDS INTERGOVERNMENTAL AGREEMENT ("Agreement") is made and
entered into this __day of , 2013 (the "Effective Date") by and between The
State of Oregon, acting by and through the Department of Consumer and Business Services
("DCBS") and the ("Jurisdiction"), a political subdivision of the State of Oregon.
DCBS and the Jurisdiction may collectively be referred to herein as the Parties and
individually as the Party. The Parties are authorized to enter into this Agreement under ORS
Chapter 190 and ORS 455.095.
DCBS: Jurisdiction: Deschutes County
Celina Patterson Tom Anderson
ePermitting Manager County Administrator
1535 Edgewater Street NW 1300 NW Wall Street
PO Box 14470 P.O. Box 6005
Salem, OR 97309 Bend, OR 97708-6005
(503) 373-0855 FEIN: 93-6002292
RECITALS
A. Oregon Revised Statute ORS 455.095 provides that DCBS shall develop and
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Iimplement a system that provides electronic access to building permitting
information. The statute also requires DCBS to make the system accessible for use
by municipalities in carrying out the building inspection programs administered and
enforced by the municipalities. II
B. The Department of Administrative Services, State Procurement on behalf DCBS
issued a Request for Proposal (RFP) for a statewide ePermit system and associated
products and services ("ePermit System"). Accela, Inc. was the successful proposer.
On or about August 8, 2008, DCBS and Accela, Inc. entered into a contract ("ePermit
contract") by which Accela, Inc, licensed to DeBS ePermitting system software, an
IVR system and provided related configuration, implementation and hosting services j
(collectively the "ePermit System") IC. The ePermit contract provided that the ePermit System and related Services would be
available to municipalities ("Participating Jurisdictions"). "
D. Jurisdiction has requested that DCBS provide access to the ePermitting System
and related Services to Jurisdiction and to implement the Jurisdiction as a
Participating Jurisdiction as set forth in the ePermitting contract.
E. DCBS is willing, upon the terms of and conditions of this Agreement, to provide
access to Jurisdiction to the ePermitting System and related Services and to implement
Jurisdiction as provided herein. I
DC 20 13 ~ :; u c I
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IGA # 90GO00246
1. DEFINITIONS.
1.1. As used in this Agreement, the following words and phrases shall have the indicated
meanings.
1.2. "Agreement" means this Intergovernmental Agreement.
1.3. "ePermitting Contract" has the meaning set forth in Recital B and includes all
amendments thereto.
104. "ePermit System" means the entire system including the ePermitting software
licensed implemented and configured pursuant to the ePermit contract and related
Services including hosting and IVR.
1.5. "Jurisdiction" has the meaning set forth in the fIrSt paragraph of this Agreement.
2. TERM,RENEWALAND MODIFICATIONS.
2.1. Term. This Agreement is effective, and will be considered fully executed, upon
signature by both parties, and shall remain in effect until termination of this
Contract as provided herein. Unless otherwise terminated as provided herein, this
Contract will be in effect for the period that Jurisdiction administers and enforces a
building inspection program. This Agreement will automatically renew in the event
that the Jurisdiction's program assumption is renewed for an additional period.
2.2. Agreement Modifications. Notwithstanding the foregoing, or, any other provision ofthe
Agreement, DCBS may propose a modified Agreement or new intergovernmental
agreement for Jurisdiction access to the ePermit System. DCBS will propose such
modified Agreement or new intergovernmental agreement with at least 60 days
written notice prior to expiration of the Jurisdiction's current program assumption
period. The new intergovernmental agreement or modified Agreement will be
effective on the effective date of the renewal of Jurisdiction's program assumption. If
the parties cannot agree to the new intergovernmental agreement or modified
Agreement, this Agreement will terminate effective on the renewal date of
Jurisdiction's program assumption. Additionally, during the term ofthis Agreement,
DCBS may propose modifications to this Agreement and which will become effective
upon mutual agreement by the parties in accord with section 19 of this Agreement.
3. PERFORMANCE AND DELIVERY.
3 .I.Responsibilities of DCB S.
3.1.1. DCBS shall use its best efforts to provide Jurisdiction access to the ePermit
System and related Services. DCBS shall use it best effort to provide the
Jurisdiction with satisfactory access on a parity with all other jurisdictions
implemented by DCBS to the ePermit System.
3.1.2. DCBS will implement the Jurisdiction using the process according to the
ePermitting Implementation Methodology set forth in Exhibit B. In the
event that a Work Order Contract is used to implement a specific city or
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county, a copy of that agreement shall be provided in Exhibit E.
3.1.3. Upon implementation, Jurisdiction will have access to the System and the
functionality as described in the ePermit contract and determined during the
implementation process.
3.1.4. DCBS will provide technical support for the ePermit program. Support shall
be provided to Jurisdiction 7:00 a.m. to 4:00 p.m. Monday through
Friday, except for state observed holidays and state observed furlough
days. The general support structure shall be as follows:
3.1 .4.1. State ePermitting team provides technical support to participating
city or county.
3.1.4.2. Accela provides technical suppo~ to State ePermitting team.
In the event that the State team is unable to communicate a solution to the
participating city or county, the State team will facilitate communication
between Accela and participant.
3.2. Responsibilities ofJurisdiction.
3.2.1. Jurisdiction agrees to the requirements of Exhibit A.
3.2.2. Jurisdiction shall provide the resources required in the Implementation
Methodology set forth in Exhibit B.
3.2.3. Jurisdiction agrees to abide by the terms and conditions of the Software License
set forth in Exhibit C.
3.2.4. Jurisdiction agrees to abide by the implementation model that is identified in
Exhibit F and is defined as either the Standard or Plus.
4. REPRESENTATIONS AND WARRANTIES.
4.1 Representations of Jurisdiction. Jurisdiction represents and warrants to DCBS as
follows:
4.1.1. Organization and Authority. Jurisdiction is a political subdivision ofthe State
of Oregon (or an intergovernmental entity formed by political subdivisions of
the State of Oregon under ORS Chapter 190) duly organized and validly
existing under the laws of the State of Oregon. Jurisdiction has full power,
authority and legal right to make this Agreement and to incur and perform its
obligations hereunder. Jurisdiction has assumed and administers a building
inspection program under ORS 455.148 to ORS 455.153.
4.1.2. Due Authorization. The making and performance by Jurisdiction of this
Agreement (I) have been duly authorized by all necessary action of
Jurisdiction and (2) do not and will not violate any provision of any applicable
law, rule, and regulation.
4.1.3. Binding Obligation. This Agreement has been duly executed and delivered by
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Jurisdiction and constitutes a legal, valid and binding obligation of
Jurisdiction, enforceable according to its terms.
4.1.4. Jurisdiction has reviewed the ePermit contract and ePermit System and is
knowledgeable ofthe ePermit system functionality and performance and has
entered into this agreement based on its evaluation of the ePermit Contract and
the ePermit System
4.2. Representations and Warranties of DCBS. DCBS represents and warrants to
Jurisdiction as follows:
4.2.1. Organization and Authority. DCBS is an agency of the state government and
DeBS has full power, authority and legal right to make this Agreement and to
incur and perform its obligations hereunder.
4.2.2. Due Authorization. The making and performance by DCBS of this Agreement
(1) have been duly authorized by all necessary action of DCBS and (2) do not
and will not violate any provision of any applicable law, rule, and regUlation.
4.2.3. Binding Obligation. This Agreement has been duly executed and delivered by
DCBS and constitutes a legal, valid and binding obligation of DCBS,
enforceable according to its terms.
4.2.4. Performance Warranty. DCBS will use its best efforts to provide Jurisdiction
access to the ePermit System and implement the Jurisdiction according to
the ePermit contract and Exhibit B. Notwithstanding the foregoing,
Jurisdiction understands and agrees that the ePermit System is composed of
software and services provided by third parties and DCBS has no
responsibility to Jurisdiction for the functionality or performance of the
ePermit System.
4.3. The warranties set forth above are in addition to, and not in lieu of, any other
warranties set forth in this Agreement or implied by law.
5. ACCESS TO RECORDS AND FACILITIES.
5.1. Records Access. DCBS, the Secretary of State's Office ofthe State of Oregon, the
Federal Government, and their duly authorized representatives shall have access to
the books, documents, papers and records of the Jurisdiction that are directly related
to this Agreement, for the purpose of making audits, examinations, excerpts, copies
and transcriptions.
5.2. Retention of Records. Jurisdiction shall retain and keep accessible all books,
documents, papers, and records that are directly related to this Agreement for a
minimum of six (6) years, or such longer period as may be required by other
provisions of this Agreement or applicable law, following the termination of this
Agreement
5.3. Public Records. Jurisdiction shall be deemed the Custodian for the purposes of
public records requests regarding requests related to Jurisdiction's building
inspection program.
6. JURISDICTION DEFAULT. Jurisdiction shall be in default under this Agreement
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IGA # 90G000246
upon the occurrence of any of the following events:
6.1. Jurisdiction fails to perform, observe or discharge any of its covenants, agreements or
obligations set forth herein.
6.2. Any representation, warranty or statement made by Jurisdiction herein is untrue in any
material respect when made.
7. DCBS DEFAULT. DCBS shall be in default under this Agreement upon the occurrence of
any of the following events:
7.1. DCBS fails to perform, observe or discharge any of its covenants, agreements, or
obligations set forth herein; or
7.2. Any representation, warranty or statement made by DCBS herein is untrue in any
material respect when made.
8. TERMINATION.
8.1. Jurisdiction Termination. Jurisdiction may terminate this Agreement in its entirety as
follows:
8.1.1. For its convenience, upon at least six calendar months advance written notice to
DCBS, with the termination effective as of the first day of the month
following the notice period;
8.1.2. Upon 30 days advance written notice to DCBS, ifDCBS is in default under
this Agreement and such default remains uncured at the end of said 30 day
period or such longer period, if any, as Jurisdiction may specify in the
notice; or
8.1.3. Immediately upon written notice to DCBS, if Oregon statutes or federal laws,
regulations or guidelines are modified, changed or interpreted by the Oregon
Legislative Assembly, the federal government or a court in such a way that
Jurisdiction no longer has the authority to meet its obligations under this
Agreement.
9. DCBS TERMINATION. DCBS may terminate this Agreement as follows:
9.1. For its convenience, upon at least twenty-four calendar months advance written notice
to Jurisdiction, with the termination effective as of the first day of the month
following the notice period.
9.2. Upon termination of the ePermit Contract with such reasonable notice to Jurisdiction
as feasible under the terms of the ePermit Contract.
9.3. Immediately upon written notice to Jurisdiction if Oregon statutes or federal laws,
regulations or guidelines are modified, changed or interpreted by the Oregon
Legislative Assembly, the federal government or a court in such a way that DCBS no
longer has the authority to meet its obligations under this Agreement.
9.4. Upon 30 days advance written notice to Jurisdiction, if Jurisdiction is in default under
this Agreement and such default remains uncured at the end of said 30 day period or
such longer period, if any, as DCBS may specify in the notice.
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IGA # 90G000246
9.5. Immediately, in the event that Jurisdiction no longer administers and enforces a
building inspection program.
10. EFFECT OF TERMINATION. I
10.1. No Further Obligation. Upon termination of this Agreement in its entirety, DCBS shall
have no further obligation to provide access to the ePermit System and related I
Services to Jurisdiction. I
10.2. Survival. Termination or modification of this Agreement pursuant to sections 8 and 9
above, shall be without prejudice to any obligations or liabilities of either party
already accrued prior to such termination or modification. However, upon receiving a
notice oftermination, Jurisdiction shall immediately cease all activities under this
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termination.
10.3. Minimize Disruptions. If a termination right set forth in section 8 or 9 is exercised,
both parties shall make reasonable good faith efforts to minimize unnecessary
disruption or other problems associated with the termination. i
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10.4. Jurisdiction Data. Jurisdiction may obtain a copy of data related to its building
inspection program.
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11. NOTICE. Except as otherwise expressly provided in this Agreement, any communications Ibetween the parties hereto or notices to be given hereunder shall be given in writing
by personal delivery, facsimile, or mailing the same, postage prepaid to Jurisdiction or I
DCBS at the address or number set forth below, or to such other addresses or numbers
as either party may indicate pursuant to this section. Any communication or notice so i
addressed and mailed shall be effective five (5) days after mailing. Any communication
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or notice delivered by facsimile shall be effective on the day the transmitting machine
generates a receipt of the successful transmission, if transmission was during normal
business hours of the recipient, or on the next business day, if transmission was
outside normal business hours of the recipient. To be effective against DCBS, any
notice transmitted by facsimile must be confirmed by telephone notice to DCBS's Office
of Contracts and Procurement as set forth below. To be effective against Jurisdiction, any ,I
notice transmitted by facsimile must be confirmed by telephone notice to Jurisdiction's
responsible party as agreed upon by jurisdiction and DeBS. Any communication or
notice given by personal delivery shall be effective when actually delivered.
12. SEVERABILITY. The parties agree that if any term or provision of this Agreement is
declared by a court of competent jurisdiction to be illegal or in conflict with any law, the
validity of the remaining terms and provisions shall not be affected, and the rights and
obligations of the parties shall be construed and enforced as if the Agreement did not I
contain the particular term or provision held to be invalid. I13. COUNTERPARTS. This Agreement may be executed in several counterparts, all of which
when taken together shall constitute one agreement binding on all parties, notwithstanding tthat all parties are not signatories to the same counterpart. Each copy of this l
Agreement so executed shall constitute an original.
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14. GOVERNING LAW, CONSENT TO JURISDICTION. This Agreement shall be Igoverned by and construed in accordance with the laws of the State of Oregon without
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regard to principles of conflicts of law. Any claim, action, suit or proceeding (collectively,
"Claim") between DCBS (and/or any other agency or department of the State of Oregon)
and Jurisdiction that arises from or relates to this Agreement shall be brought and
conducted solely and exclusively within a circuit court in the State of Oregon of proper
jurisdiction. In no event shall this section be construed as a waiver by the State of Oregon
of any fonn of defense or immunity, whether sovereign immunity, governmental immunity,
immunity based on the eleventh amendment to the Constitution of the United States or
otherwise, from any Claim or from thejurisdiction of any court. JURISDICTION, BY
EXECUTION OF THIS AGREEMENT, HEREBY CONSENTS TO THE IN
PERSONAM JURISDICTION OF SAID COURTS.
15. COMPLIANCE WITH LAW. The parties shall comply with all state and local laws,
regulations, executive orders and ordinances applicable to the Agreement. All
employers, including DCBS and Jurisdiction, that employ subject workers who provide
Services in the State of Oregon shall comply with ORS 656.017 and provide the required
Workers" Compensation coverage, unless such employers are exempt under ORS
656.126.
16. ASSIGNMENT OF AGREEMENT, SUCCESSORS IN INTEREST. The parties agree
there will be no assignment or delegation ofthe Agreement, or of any interest in this
Agreement, unless both parties agree in writing. The parties agree that no services
required under this Agreement may be performed under subcontract unless both parties
agree in writing. The provisions of this Agreement shall be binding upon and shall
inure to the parties hereto, and their respective successors and pennitted assignees.
17. NO THIRD PARTY BENEFICIARIES. DeBS and Jurisdiction are the only parties to
this Agreement and are the only parties entitled to enforce its terms. Nothing in this
Agreement 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 any greater
than the rights and benefits enjoyed by the general public unless such third persons are
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iindividually identified by name herein and expressly described as intended beneficiaries of
the terms of this Agreement.
18. WAIVER. The failure of either party to enforce any provision of this Agreement shall
not constitute a waiver by that party of that or any other provision. No waiver or consent
shall be effective unless in writing and signed by the party against whom it is asserted. I
19.AMENDMENT. No amendment, modification or change oftenns of this Agreement shall t
bind either party unless in writing and signed by both parties and when required by the
Department of Administrative Services and Department of Justice. Such amendment,
modification or change, if made, shall be effective only in the specific instance and for the
specific purpose given. Jurisdiction, by signature of its authorized representative, hereby
acknowledges that it has read this Agreement, understands it, and agrees to be bound
by its terms and conditions.
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20. HEADINGS. The headings and captions to sections of this Agreement have been inserted for
identification and reference purposes only and shall not be used to construe the meaning or
to interpret this Agreement. l !
21. CONSTRUCTION. This Agreement is the product of extensive negotiations between DeBS
and representatives of Jurisdiction. The provisions of this Agreement are to be interpreted
and their legal effects detennined as a whole. An arbitrator or court interpreting this
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Agreement shall give a reasonable, lawful and effective meaning to the Agreement
to the extent possible, consistent with the public interest.
22. INDEPENDENT CONTRACTOR. The parties agree and acknowledge that their
relationship is that of independent contracting parties and that neither party is an officer,
employee, or agent of the other as those terms are used in ORS 30.265 or otherwise.
23. LIMITATION OF LIABILITY.
23.1. Jurisdiction agrees that DCBS shall not be subject to any claim, action, or
liability ARISING IN ANY MANNER WHATSOEVER OUT OF ANY ACT OR
OMISSION, INTERRUPTION, OR CESSATION OF ACCESS OR SERVICE
UNDER THIS AGREEMENT. THE STATE SHALL NOT BE LIABLE OR
RESPONSmLE FOR ANY DIRECT, INDIRECT SPECIAL OR
CONSEQUENTIAL DAMAGES SUSTAINED BY THE POLITICAL
SUBDIVISION, INCLUDING, BUT NOT LIMITED TO, DELAY,
INTERRUPTION OF BUSINESS ACTIVITIES, OR LOST RECEIPTS THAT
MAY RESULT IN ANY MANNER WHATSOEVER FROM ANY ACT OR
OMISSION, INTERRUPTION, OR CESSATION OF SERVICE.
23.2. EXCEPT FOR LIABILITY ARISING UNDER SECTION 26 NEITHER PARTY
SHALL BE LIABLE TO THE OTHER FOR ANY INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS
AGREEMENT. NEITHER PARTY SHALL BE LIABLE FOR ANY
DAMAGES OF ANY SORT ARISING SOLELY FROM THE
TERMINA TION OF THIS AGREEMENT OR ANY PART HEREOF IN
ACCORDANCE WITH ITS TERMS.
24. FORCE MAJEURE. Neither DCBS nor Jurisdiction shall be held responsible for delay or
default caused by fire, civil unrest, labor unrest, natural causes, or war which is beyond
the reasonable control of DCBS or Jurisdiction, respectively. Each party shall,
however, make all reasonable efforts to remove or eliminate such cause of delay or
default and shall, upon the cessation of the cause, diligently pursue performance of its
obligations under this Agreement.
25. TIME IS OF THE ESSENCE. Time is of the essence in the performance of all
under this Agreement.
26. CONTRIBUTION
26.1. If any third party makes any claim or brings any action, suit or proceeding ("Third
Party Claim") against a party (the "Notified Party") with respect to which the other I
party ("Other Party") may have liability, the Notified Party must promptly notify the
Other Party in writing of the Third Party Claim and deliver to the Other Party a copy
of the claim, process, and all legal pleadings with respect to the Third Party Claim. I
Either party is entitled to participate in the defense of a Third Party Claim, and to
defend a Third Party Claim with counsel of its own choosing. Receipt by the Other
Party of the notice and copies required in this paragraph and meaningful opportunity I
for the Other Party to participate in the investigation, defense and settlement of the
Third Party Claim with counsel of its own choosing are conditions precedent to the
Other Party's liability with respect to the Third Party Claim. I
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26.2. With respect to a Third Party Claim for which DCBS is jointly liable with the
Jurisdiction (or would be ifjoined in the Third Party Claim), DCBS shall contribute
to the amount of expenses (including attorneys' fees), judgments, fines and amounts
paid in settlement actually and reasonably incurred and paid or payable by the
Jurisdiction in such proportion as is appropriate to reflect the relative fault of DCBS
on the one hand and of the Jurisdiction on the other hand in connection with the
events which resulted in such expenses,judgments, fines or settlement amounts, as
well as any other relevant equitable considerations. The relative fault ofDCBS on
the one hand and of the Jurisdiction on the other hand shall be determined by
reference to, among other things, the parties' relative intent, knowledge, access to
information and opportunity to correct or prevent the circumstances resulting in
such expenses, judgments, fines or settlement amounts. DCBS's contribution
amount in any instance is capped to the same extent it would have been capped
under Oregon law if DCBS had sole liability in the proceeding.
26.3. With respect to a Third Party Claim for which the Jurisdiction is jointly liable with
DCBS (or would be ifjoined in the Third Party Claim), the Jurisdiction shall
contribute to the amount of expenses (including attorneys' fees), judgments, fines
and amounts paid in settlement actually and reasonably incurred and paid or payable
by DCBS in such proportion as is appropriate to reflect the relative fault of the
Jurisdiction on the one hand and of DCBS on the other hand in connection with the
events which resulted in such expenses, judgments, fines or settlement amounts, as
well as any other relevant equitable considerations. The relative fault ofthe
Jurisdiction on the one hand and of DCBS on the other hand shall be determined by
reference to, among other things, the parties' relative intent, knowledge, access to
information and opportunity to correct or prevent the circumstances resulting in
such expenses,judgments, fines or settlement amounts. The Jurisdiction's
contribution amount in any instance is capped to the same extent it would have been
capped under Oregon law if it had sole liability in the proceeding.
27. AGREEMENT DOCUMENTS IN ORDER OF PRECEDENCE. This Agreement
consists of the following documents that are listed in descending order of precedence:
This Agreement less all exhibits;
Exhibit A -Jurisdiction Obligations
Exhibit B -Implementation Methodology
Exhibit C -ePermit License Agreement
Exhibit D -ePermit Contract (not attached, but made available to
Jurisdiction Exhibit E -(Work Order, if applicable)
Exhibit F -Implementation Model
All attached and referenced exhibits are hereby incorporated by reference.
28. MERGER CLAUSE. This Agreement and attached exhibits constitute the entire
agreement between the parties on the subject matter hereof. There are no
understandings, agreements, or representations, oral or written, not specified
herein regarding this Agreement. No waiver, consent, modification or change of
terms of this Agreement shall bind all parties unless in writing and signed by both
parties and all necessary State approvals have been obtained. Such waiver, consent,
modification or change, if made, shall be effective only in the specific instance and
for the specific purpose given. The failure of DCBS to enforce any provision ofthis
Agreement shall not constitute a waiver by DCBS of that or any other provision.
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IGA # 90G000246
JURISDICTION, BY EXECUTION OF TIllS AGREEMENT, HEREBY
ACKNOWLEDGES THAT JURISDICTION HAS READ TmS CONTRACT,
UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND
CONDITIONS.
A. Jurisdiction
____________________ Date:____
Printed Name: Tom Anderson
Title: Deschutes County Administrator
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B. State of Oregon, Acting by and through its Department of Consumer and Business
Services
By:
Printed Name: ___________________________________
Title:___________________
C. State of Oregon, acting by and through its Department of Consumer and Business
Services
By: ___________________________________________ Date:_____
fPrinted Name:Nancy A. Cody
Title: DeBS Designated Procurement Officer I
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Exhibit A
Jurisdiction Obligations
Jurisdiction Software
As part of the state hosted system, any software being used by Jurisdiction to support either the building
permitting system or any supplemental products being purchased from Accela, must be compatible with the
Accela product.
Product Features
Jurisdiction agrees to sell permits online through the ePermitting PortaL Jurisdiction agrees to offer online
inspection scheduling for permits in an appropriate status. Jurisdiction agrees to offer online submittal of
plan documents at appropriate point(s) in the application process as dictated by the Jurisdiction's
workflow associated with each record type. Jurisdiction agrees to offer IVR inspection scheduling
services.
Permit Numbering Scheme.
As a full service participant, Jurisdiction agrees to include the pre-assigned three digit prefix to all permits
covered by and processed through ePermitting system. Permits for any supplemental products purchased
through Accela, hosted in the State of Oregon environment and being serviced through the State of Oregon
ePortal must also use the three-digit prefix in the permit number. Permits for supplemental products
purchased through Accela that will not be hosted or maintained on the Oregon platform and that are not
serviced through the State of Oregon ePortal are not required to use the three-digit prefix.
Status and Result Codes.
All status and result codes such as inspections, plan review, permit issuance status will be pursuant to a
statewide uniform system. Jurisdiction shall only use the uniform status and result codes.
Inspection Codes.
Inspection types for code required inspections must be consistent throughout the state. Unique inspection
types must be requested through and assigned by the ePermitting staff.
Supplemental Products Purchased by Jurisdiction through Accela.
Any supplemental product such as, but not limited to, Land Use, Enforcement, Licensing or other
services, are licensed directly to Jurisdiction by Accela. Support services for the supplemental
products fall outside of the scope of this Intergovernmental Agreement and are therefore provided through
direct agreement with Accela or other service provider. Installation of supplemental products onto the
State hosted servers cannot occur before the State ePermitting team begins active development of the
building permitting module.
Version (product) updates.
Migration from one product version of Accela Automation to another product version will be regulated and
coordinated through DCBS. Supplemental products will be required to migrate to the same version of the
product at the same time as the product version for the building product module. After implementation,
Jurisdiction is required to test the configuration against new versions of the product in the time frame
specified by DCBS.
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IExhibit B
Implementation Methodology i
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Permitting
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Full Service ePermitting
Project Approach and
Methodology I
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Version 1.2
December 23,2009
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to building Oregon
Overview
The State of Oregon (State) has partnered with Accela to deliver a new software package which
will better serve the construction community, cities, and counties (Jurisdictions) across the State.
All ePermitting services will be hosted, with internet access to participating jurisdictions. Two
levels of service will be offered: Basic Service (Quick Pennits) and Full Service
(COTS/Complete)
The Full Service level will include automated building pennit management, a public user web
portal, telephone voice response inspection scheduling system (IVR), wireless inspection
module for field use, possible integration to geographic infonnation systems (GIS) where available,
and the potential'to interface to other existing Jrd party systems such as Financial or
Document Management systems.
Each Jurisdiction that chooses to participate in the ePermitting program will receive the software
model, training in the use of the software model including the infonnation necessary to instigate such
actions as creating individual record types and administrative training.
Deployment of the ePennitting Software model takes place in three basic stages:
Gathering ofjurisdiction specific infonnation;
System training ofjurisdictional staff
System testing and go live.
System deployment has been developed that allows a jurisdiction to manage their individual project
through a series of online classes and access to the ePennitting team.
To a degree, how quickly implementation occurs is dependent upon participation by the jurisdiction.
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Methodology
The implementation period is a highly critical time; it sets the tone for the Jurisdiction's ongoing
use of the ePermitting system. A thorough and well-managed implementation will result in
the Jurisdiction's successful use of the solution.
To confirm that the implementation is on time and within budget, the State of Oregon
implementation team will provide ongoing project management services, in partnership with
Jurisdiction staff. Together, the collective project team (State of Oregon and Jurisdiction project
staft) will plan and monitor execution of the product deployment.
A successful implementation is vital to the Jurisdiction's long term opemtion ofthe ePermitting
progmm. In addition to configuring and installing the system, the implementation period is the
time when administrators, users, and power users are trained in their use of the system. This is also
that time when Jurisdiction business processes may be analyzed, optimized and adjusted to leverage
the full benefit of the ePermitting system.
Levels of staff involved with each implementation vary, based on the number of users, the amount of
data to be converted, the modules selected, and the level of configuration required. As a general
rule, one can anticipate approximately 600 hours oftime to complete the entire process when there
is not data conversion, and approximately 400 additional hours, or 1,000 hours total, when there is
data conversion.
Success Factors I
IProject implementation will be a collaborative effort between the State project team and the
Jurisdiction project team. Within this process, we define three key factors that will impact our t
success: I l
1. Knowledge Transfer -It is critical that Jurisdiction personnel participate in the analysis, I
configuration and deployment of Accela Automation. The State team will tmnsfer knowledge
to Jurisdiction staff, empowering system administmtors, power users, and users to be self
sufficient in its support of Accela Automation. These individuals will serve as the Jurisdiction's
liaison to the State support team, and will work with these support personnel to troubleshoot
and resolve any issues that may arise.
2. Dedicated Jurisdiction Participation -Jurisdiction staff, along with the State team, must be
actively involved throughout the entire dumtion ofthe implementation, within the parameters
of their specific project roles. To keep project stakeholders apprised of progress, Project
Status Reports will detail participation, or lack thereof, of Jurisdiction and State resources, as
well as the corresponding impact(s).
3. Milestone Sign Off Process -Progress on this project will be measured and documented
through signoff of milestone criteria. Often, future milestones may be dependent on timely
review and acceptance of preceding deliverables. Delays in the acceptance of a single
deliverable have the potential to impact the startup or completion of subsequent milestones
and may cause a shift in the overall project timeline.
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IGA # 90G000246
Exhibit C
Software License Agreement
Note: DCBS through the ePermit Contract has the right to permit Jurisdictions to use the ePermit
System software as set forth in Exhibit G, License Agreement, of the ePermit Contract. While the
entire software license agreement between the State and Accela, Inc., including the added language
in Amendment 7, has been provided here for continuity and ease of use, a participating city or
county is only bound by Sections 3.1, 3.2, and 4 as specified in this Agreement.
1. Parties ACCELA CUSTOMER
Accela, Inc. State of Oregon
Department of Consumer & Business Services
2633 Camino Ramon, Suite 120 P.O. Box 14470
Bishop Ranch 3
Salem, OR 97309San Ramon, California 94583
Attention: Contracts Administration Attention: Building Codes
T: 925.659.3200 Division T: (503)378-4100 F:
F: 925.407.2722 (503)378-3989
e-Mail: contractsadrnin@accela.com e-Mail: patrick.allen@state.or.us
This License Agreement ("LA") is intended for the exclusive benefit of the Parties; except as expressly
stated herein, nothing will be construed to create any benefits, rights, or responsibilities in any
other parties.
2. Term and Termination
2.1 Term Provided that Customer signs and returns this LA to Accela no later than August 8,
2008, this LA is effective as of the date of Customers signature ("Effective Daten) and
will continue until terminated as provided herein.
2.2 Termination Either party may terminate if the other party materially breaches this
LA and, after receiving a written notice describing the circumstances of the default, fails to
correct the breach within thirty (30) calendar days. Upon any termination or expiration of
this LA, all rights granted to Customer are cancelled and revert to Accela.
3 Intellectual Property
3.1 License The software products ("Software") listed in Exhibit A are protected under the laws of
the United States and the individual states and by international treaty provisions. Accela
retains full ownership in the Software and grants to Customer a perpetual, limited, nonexclusive,
nontransferable license to use the Software, subject to the following terms and conditions:
3.1.1 The Software is provided for use only by Customer employees. For the purposes of
subsections 3.1, 3.2 and Sections 4 ftfHI-.§ of this LA, Customer means: i) the individual
Jurisdiction with respect to its use of the Software, provided that the licensing fee has been
paid for such Jurisdiction, and ii) the State of Oregon acting by and through its Department
of Consumer and Business Services with respect to its use of the Software.
3.1.2 The Software may be installed on one or more computers but may not be used by more
than the number of users for which the Customer has named user licenses. For the
IGA # 90G000246
purposes of this License Agreement, the Customer has unlimited use, per department, of
any license covered by this agreement. The Software is deemed to be in use when it is
loaded into memory in a computer, regardless of whether a user is actively working with
the Software. Accela may audit Customers use of the Software to ensure that Customer
has paid for an appropriate number of licenses. Should the results of any such audit indicate
that Customer's use of the Software exceeds its licensed allowance, Customer agrees to pay
all costs of its overuse as detennined using Accelas then-current pricing; any such
assessed costs will be due and payable by Customer upon assessment. Customer
agrees that Accelas assessment of overuse costs pursuant to this Subsection is not a
waiver by Accela of any other remedies available to Accela in law and equity for
Customer's unlicensed use of the Software.
3.1.3 Customer may make backup copies of the Software only to protect against destruction of the
Software. With exception of the Entity Relationship Diagram and any other documentation
reasonably·designated and specifically-marked by Accela as trade secret infonnation not
for distribution, Customer may copy Accela's documentation for use by those persons
described in section 3.1.1, supra, provided that such use is for business purposes not
inconsistent with the terms and conditions of this Licensing Agreement. "Trade Secret"
has the meaning set forth in ORS 192.501(2)
3.1.4 Customer may not make any form of derivative work from the Software, although
Customer is pennitted to develop additional or alternative functionality for the Software
using tools and/or techniques licensed to Customer by Accela.
3.1.5 Customer may not obscure, alter, or remove any confidentiality or proprietary rights
notices.
3.1.6 Subject to the limitations of Article XI, § 7 of the Oregon Constitution and the Oregon Tort
Claims Act (ORS 30.260 through 30.300), Customer is liable to Accela for any direct
damages incurred as the result of unauthorized reproduction or distribution of the Software
which occur while the Software is in Customer's possession or control.
3.1.7 Customer may use the Software only to process transactions relating to properties within
both its own geographical and political boundaries and in counties contiguous to Oregon
with populations below 100,000. Customer may not sell, rent, assign, sublicense, lend, or
share any of its rights under this LA.
3.1.8 Customer is entitled to receive the Software compiled (object) code and is licensed to use
any data code produced through implementation and/or nonnal operation of the Software;
Customer is not entitled to receive source code for the Software except pursuant to an
Intellectual Property Escrow Agreement, which may be executed separately by the Parties.
Accela and Customer will execute an Intellectual Property Escrow Agreement within 30 days
of Contract execution.
3.1.9 All rights not expressly granted to Customer are retained by Accela.
3.1.10 Customers are allowed unlimited use, per department, of software products listed in
Exhibit A, for in·scope record type categories defined in Attachment 1 to this LA In addition, I
each customer is allowed five (5) additional record types for activities that fall outside ofthe in·
scope record type categories defined in Attachment I to this L.A., are delivered under the I
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IGA # 90G000246
Building Department and are submitted to and approved by DCBS.
3.2 License Warranties
3.2.1 Accela warrants that it has full power and authority to grant this license and that, as of
the effective date of this LA, the Software does not infringe on any existing
intellectual property rights of any third party. If a third party claims that the
Software does infringe, Accela may, at its sole option, secure for Customer the
right to continue using the Software or modify the Software so that it does not
infringe. Accela expressly agrees to defend, indemnify, and hold Customer harmless
from any and all claims, suits, actions, losses, liabilities, costs, expenses, including
attorneys fees, and damages arising out of or related to any claims that the Software, or
the Customers use thereof, infringes any patent, copyright, trade secret, trademark,
trade dress, mask work, utility design, or other proprietary right of any third
party; provided, that Customer shall provide Accela with prompt written notice of any
infringement claim. Accela will have the sole right to conduct the defense of any legal
action and all negotiations for its settlement or compromise; provided, however, Accela
shall not settle any claim against the Customer with the consent of Customer.
3.2.2 Accela has no obligation for any claim based upon a modified version of the Software or
the combination or operation of the Software with any product, data, or apparatus not
provided by Accela, with the exception of those products identified in Exhibit J. Accela
provides no warranty whatsoever for any third-party hardware or software products.
3.2.3 Except as expressly set forth herein, Accela disclaims any and all express and implied
warranties, including but not necessarily limited to warranties of merchantability and fitness
for a particular purpose.
3.3 Compensation
3.3.1 License Fees In exchange for the Software described hereinabove, Customer
will pay to Accela the amounts indicated in Exhibit A3.
3.3.2 Payment Terms Amounts are quoted in United States dollars and do not include
applicable taxes, if any. The payment terms of all invoices are net forty-five (45)
calendar days from the dates of the invoices. Any payment not paid to Accela within
said period will incur a late payment in an amount equal to two-thirds of one percent
(.66%) per month (eight percent (8% per annum), on the outstanding balance from the
billing date. Accela may, at its sole discretion, suspend its obligations hereunder
without penalty until payments for all past-due billings have been paid in full by
Customer. All payments to Contractor are subject to ORS 293.462
4. Confidentiality
4.1 Confidentiality and Nondisclosure. Each party acknowledges that it and its employees or
agents may, in the course of performing its responsibilities under this LA, be exposed to or
acquire information that is confidential to the other party or the other party's clients. Any and all
information clearly marked confidential, or identified as confidential in a separate writing as
confidential provided by one party or its employees or agents in the performance of this LA shall
be deemed to be confidential information of the other party ("Confidential Information"). Any
reports or other documents or items (including software) which result from the use of the
Confidential Information by the recipient of such information shall be treated with respect to
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IGA # 90G000246
confidentiality in the same manner as the Confidential Information. Confidential Information
shall be deemed not to include information that (a) is or becomes (other than by disclosure by
the party acquiring such information) publicly known or is contained in a publicly available
document; (b) is furnished by the party disclosing such information to others without
restrictions similar to those imposed by this LA; (c) is rightfully in the receiving party's
possession without the obligation of nondisclosure prior to the time of its disclosure under this
LA; (d) is obtained from a source other than the discloser without the obligation of
confidentiality, (e) is disclosed with the written consent of the disclosing party, or; (f) is
independently developed by employees or agents of the receiving party who can be shown
to have had no access to the Confidential Information.
4.2 The recipient of Confidential Information agrees to hold Confidential Information in strict
confidence, using at least the same degree of care that it uses in maintaining the confidentiality of
its own Confidential Information, and not to copy, reproduce, sell, assign, license, market, transfer
or otherwise dispose of, give or disclose Confidential Information to third parties or use
Confidential Information for any purposes whatsoever other than as contemplated by this
LA or reasonably related thereto, including without limitation the use by Customer of
Accelas who need to access or use the System for any valid business purpose, and to advise
each of its employees and Accelas of their obligations to keep Confidential Information
confidentiaL
4.3 Each party shall use commercially reasonable efforts to assist the other in identifying
and preventing any unauthorized use or disclosure of any Confidential Information. Without
limitation ofthe foregoing, each party shall advise the other immediately in the event it learns or
has reason to believe that any person who has had access to Confidential Information has
violated or intends to violate the terms of this LA and each party will at its expense cooperate
with the other in seeking injunctive or other equitable relief in the name of the other
against any such person.
4.4 Each party agrees that, except as provided in this LA or directed by the other, it will not
at any time during or after the term of this LA disclose, directly or indirectly, any
Confidential Information to any person, and that upon termination of this LA each party
will tum over to the other all documents, papers and other matter in its possession which
embody Confidential Information.
4.5 Each party acknowledges that breach of this Article VIII, including disclosure of any
Confidential Information will give rise to irreparable injury which is inadequately
compensable in damages. Accordingly, each party may seek and obtain injunctive relief
against the breach or threatened breach of the foregoing undertakings, in addition to any other
legal remedies that may be available. Each party acknowledges and agrees that the
covenants contained herein are necessary for the protection of the legitimate business
interests of the other and are reasonable in scope and content.
4.6 Customers obligations under this Article VIII shall be subject to the Oregon Public Records Laws,
ORS 192.410 through ORS 192.505.
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Exhibit D
ePermitting Contract
The epennitting contract is available, upon request, for the Jurisdiction to review.
Exhibit E
Work Order Contract
Under the tenns and conditions of the ePennit System Agreement, DCBS has the ability to enter into a Work Order
Contract for implementation services. Should implementation services be used for the implementation of a specific
participating city or county, the provisions of that agreement will be provided here.
A Work Order Contract is not being used to implement this jurisdiction.
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EXHmITF
IMPLEMENTAITON MODEL
STANDARD
Standard Model, version 1 includes:
• Standard Model Permits (records)
o Commercial Agricultural Equine
o Commercial Alarm Suppression Systems
o Commercial & Residential Deferred Submittal
o Commercial & Residential Demolition
o Commercial & Residential Electrical
o Commercial & Residential Investigation
o Commercial & Residential Mechanical
o Commercial & Residential Phased
o Commercial & Residential Plumbing
o Commercial RV Park or Manufactured Home Park
o Commercial & Residential Septic -DEQ
o Commercial & Residential Site Development
o Commercial & Residential Structural
o Driveway (if used counts as lout of scope)
o Inquiry
o Post Disaster
o Residentiall & 2 Family Dwelling
o Residential Manufactured Dwelling
• Standard Model Reports
o Application About to Expire (List and Letters to Applicant and Owner)
o Permit About to Expire «List and Letters to Applicant and Owner)
o Usage
o Configuration Reports
o Fee by Account (Summary & Detail)
o Invoice
o Out of Balance
o Payments Applied
o Payments not Applied
o Refunds Issued Io Payments Received
o Payments Summary t
o School Construction Excise Tax r o Inspection Correction Notice
o Inspection Summary t
o Inspections Assigned
o Recent Inspection Activity Io Monthly Permit Summary ~
o Monthly Permits Issued
o Monthly Permits Issued Valuation Report
o State Surcharge Io State Surcharge Details
o Balance Due
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o Building Application
o Building Permit
o Certificate of Occupancy
o Fee Estimate
o Fee by Record
o Phased Authorization to Begin Work
o Plan Review Checklist
o Temporary Certificate of Occupancy
o Work Authorization
o Receipt
Use of "Consistent Form and Fee Methodology"
Standard Model Implementation includes:
• Up to 5 "out of scope" (non-building department) permits
• Development of up to 5 "custom" reports
• Importingjurisdiction's fee schedule into Accela
• Data conversion (optional)
o ePermitting will provide documentation about how the data is to be formatted for loading
o ePermitting will work with jurisdiction to map the data from existing permitting system to Accela
o Jurisdiction is responsible for extracting data from existing system
• Address, Parcel, Owner Database Load (optional)
o ePermitting will provide documentation about how data is to be formatted
o Jurisdiction will provide files containing Address,
Parcel, Owner reference data for loading into ePermitting database
• Interfaces to Jurisdiction Systems: Financial, GIS, LaserFiche (Optional)
o ePermitting will provide files with specified fields for interfaces to jurisdiction's on site systems
o Jurisdiction will upload the files into their on site system
• Training
o ePermitting provides online training through the GovSpace Web site
o ePermit provides Live training to several jurisdictional super users on the "perfect permit from A to
Z" via iUnc
o Jurisdiction's "super users" will train other jurisdictional employees
o Training on systems administrative tools may be available after jurisdiction has been working in the
system for at least 6 month