HomeMy WebLinkAboutDoc 433 - IGA - Redmond - ACCELA SoftwareDeschutes 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 November 4, 2013
DATE: October 28,2013
FROM: Nick Lelack, Director Community Development x1708
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Document No. 2013-433, an Intergovernmental Agreement with
the City of Redmond.
PUBLIC HEARING ON THIS DATE? NO.
BACKGROUND AND POLICY IMPLICATIONS:
The City of Redmond is currently engaged with ACCELA Software to convert its ePerrnitting system
from the County's ACCUTERM system to ACCELA software (the same system the County has
converted to). The purpose of this IGA would allow the County to receive reimbursement from the
City for a portion of software design fees the County has paid to ACCELA Software for developing
planning and code enforcement modules.
FISCAL IMPLICATIONS:
The reimbursement payment from the City to the County is $26,300.
RECOMMENDATION & ACTION REQUESTED:
Request approval and signature from the Board of Commissioners of Docurnent No. 2013-433.
ATTENDANCE: Nick Lelack, Community Development Director; Lori Furlong, Admin. Manager
DISTRIBUTION OF DOCUMENTS:
Two original Agreements should be returned to Kathleen Stockton, CDD, x3193.
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: 110/16/131 Department: ICDDI
Contractor/Supplier/Consultant Name: Cit of Redmond
Contractor Contact: Heather Richards, COD Directo Contractor
Phone #: 541-923-7756
Type of Document: IGA No. 2013-433
Goods and/or Services: IGA 2013-433 would allow the City of Redmond to reimburse
the County for a portion of costs to implement planning and code enforcement modules
ACCELA Software is developing for the County.
Background & History: The City of Redmond is currently engaged with ACCELA
Software to convert its permitting system from ACCUTERM to ACCELA software (same
system the County has converted to). The purpose of this IGA would allow the County
to received reimbursement from the City for a portion of software design fees the
County has paid to ACCELA Software for developing planning and code enforcement
modules.
Agreement Starting Date: 110/1/1~ Ending Date: ~utomatic renewall
Annual Value or Total Payment: 1$26,300.1
Insurance Certificate Receiied (cleck box)
Insurance Expiration Date:
AI/4
Check all that apply: o RFP, Solicitation or Bid Process o Informal quotes «$150K)
!2;J Exempt from RFP, Solicitation or Bid Process (specify -see DCC §2.37)
Funding Source: (Included in current budget? !2;J Yes No
If No, has budget amendment been submitted? 0 Yes No
Is this a Grant Agreement providing revenue to the County? 0 Yes !2;J No
Special conditions attached to this grant:
10/16/2013
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: Nick Lelack Phone #: x1708
Department Director Approval: UrZk= ~
Signature 'Da
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 oua~-0 Department Director (if <$25K)
o Administrator if>$25K~ut <$150K; if >$150K, BOee Ord? No
Legal Revie /' ~Cl;p,lW.l$( Date t ;/!L 1/t 1
. ~ I
Document Number ~\:2 -A3~
10116 /2 013
...
)
REVIEWED
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LEGAL COUNSEL
For Recording Stamp Only
INTERGOVERNMENTAL AGREEMENT BETWEEN
THE CITY OF REDMOND, OREGON
AND
DESCHUTES COUNTY
Document No. 2013-433
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."
RECITALS:
1. The COUNTY 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
2. Both the COUNTY and the CITY finds it beneficial to enter into this Agreement in order
for the COUNTY to receive reimbursement from the CITY to offset a portion of Service Contract
costs of the ACCELA software design program;
NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained,
it is mutually agreed as follows:
1. EFFECTIVE DATE/DURATION.
1.1. This Agreement is effective October 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.
Page 1 of 6 -INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF REDMOND,
OREGON AND DESCHUTES COUNTY Document No. 2013-433
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3. PURPOSE.
3.1 The CITY entered into its own separate contract with ACCELA Inc. to convert its
software programs for building, planning and code enforcement from
ACCUTERM ( a COUNTY provided software system) to ACCELA Automation
Software.
3.2 The purpose of this Agreement will allow the COUNTY to receive reimbursement
for a portion of software design fees for planning and code enforcement modules
ACCELA Software Inc. is developing for the COUNTY and CITY.
3.3 The CITY agrees to participate in sharing the costs of designing the software
necessary to convert the CITY's planning and code enforcement software to be
compatible with the COUNTY's planning and code enforcement software.
3.4 The CITY agrees to reimburse the COUNTY $26,300.00 (twenty-six thousand
three hundred dollars) to offset the COUNTY's costs per COUNTY Service
Contract with ACCELA Inc., Document No. 2013-259, for planning and code
enforcement modules.
4. PAYMENT.
4.1 The CITY agrees to pay the COUNTY one lump sum of $26,300 (twenty-six
thousand three hundred dollars) as soon as implementation of this software
system is activated.
4.2 Expected activation date is October 1, 2013.
4.3 The CITY agrees to pay COUNTY one-half of mutually agreed upon additional
costs due to any unanticipated changes or upgrades requested by CITY.
5. LIMITATIONS.
5.1 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.
5.2. 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.
5.3. Any provisions herein, which would conflict with law, are deemed inoperative to
that extent.
Page 2 of 6 -INTERGOVERNMENTAL AGREEMENT BElWEEN THE CITY OF REDMOND,
OREGON AND DESCHUTES COUNTY Document No. 2013433
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6. NON-DISCRIMINATION.
6.1. 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.
6.2. 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.
6.3. Additionally, each party shall comply with the Americans with Disabilities Act of
1990 (Pub. L .No.101-336), ORS 659A.142, and all regulations and
administrative rules established pursuant to those laws.
7. 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.
8. 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.
9. COUNTY's REPRESENTATIVE.
COUNTY's authorized representative for the purposes of this Contract shall be
Deschutes County Community Development Director Nick Lelack or the Director's
designee, 117 NW Lafayette, Bend, Oregon 97701, phone 541-385-1708, fax 541-385
1764.
10. SUBCONTRACT -ASSIGNMENTS AND DELEGATION.
10.1. 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.
10.2. Except as otherwise proved herein, neither party 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.
11. ACCESS TO RECORDS.
11.1. 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.
Page 3 of 6 -INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF REDMOND,
OREGON AND DESCHUTES COUNTY Document No. 2013-433
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11.2. The COUNTY shall have reciprocal access to CITY planning and code
enforcement files.
12. 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.
13. 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.
14. 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.
15. APPLICABLE LAW.
This Agreement will be governed by the laws of the State of Oregon.
16. INDEMNIFICATION.
16.1. 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.
16.2. 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
out of, or relating to the activities of CITY or its officers, employees, contractors,
or agents under this Agreement.
16.3. Neither party shall be liable to the other for any incidental or consequential
damages ariSing out of or related to this Contract.
16.4. 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.
Page 4 of 6 -INTERGOVERNMENTAL AGREEMENT BElWEEN THE CITY OF REDMOND,
OREGON AND DESCHUTES COUNTY Document No. 2013-433
I
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17. ASSIGNMENT.
Neither this Agreement nor any of the rights granted by this Agreement may be assigned
or transferred by either party.
18. 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.
19. 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.
20. HEADINGS.
The headings of this Agreement are for convenience only and shall not be used to
construe or interpret any provisions of this Agreement.
21. INCORPORATION OF RECITALS.
The recitals set forth above are hereby incorporated into and made a part of this
Agreement.
III
Page 5 of 6 -INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF REDMOND,
OREGON AND DESCHUTES COUNTY Document No. 2013-433
·.
22. COMPLETE AGREEMENT.
22.1. This contract and any referenced attachments constitute the complete
Agreement between CITY and COUNTY and supersede all prior written or oral
discussions or agreements.
22.2. 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 OF
DESCHUTES COUNTY, OREGON
ALAN UNGER, CHAIR
TAMMY BANEY, VICE-CHAIR
ATTEST:
Recording Secretary ANTHONY DEBONE, COMMISSIONER
Dated this Jvf of &t>}.,,~ ,2013
BY: ~~~~~~~~~~~-------KEITH WITCOSK, ITY MANAGER
Page 6 of 6 -INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF REDMOND,
OREGON AND DESCHUTES COUNTY Document No. 2013-433