HomeMy WebLinkAboutIGA - Crook County Bldg InspectionsDeschutes 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 10:00 AM, Monday, April 21, 2008
Please see directions for completing this document on the next page.
DATE: 4/10/08
FROM: Tom Anderson
Community Development (CDD) 385-1704
TITLE OF AGENDA ITEM:
CONSIDERATION and Approval of Document No. 2008-132, renewal of an Intergovernmental
Agreement between Deschutes County and Crook County for Buiding Inspection Services provided by
the CDD Building Division to Crook County.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
Beginning in the mid nineties, the Deschutes County Building Division established an informal
agreement with Crook County to provide them with building inspection services on an "as needed"
basis to fill in during staff shortages. This agreement was formalized in 2003 with an
Intergovernmental Agreement and has renewed every year since then. Crook County has expanded
their program and staff since 2003 and requires minimal assistance at this time.
FISCAL IMPLICATIONS:
As per the agreement, Crook County will be charged an hourly rate to cover CDD expenses to provide
these services.
RECOMMENDATION & ACTION REQUESTED:
Approval and signature of Document No. 2008-132 to continue providing Building Inspection services
to Crook County as they have requested.
ATTENDANCE: Tom Anderson, CDD Director
DISTRIBUTION OF DOCUMENTS:
(1) Original to Doreen Biome; call for pick up ext. 3193
Date:
4/9/08
Contact Person:
DESCHUTES COUNTY DOCUMENT SUMMARY
Department: !Community Development
David Gordon
Contractor/Supplier/Consultant Name:
Phone #:
)Crook County
Goods and/or Services: Building Inspection Services
447-6555
Background & History: Beginning in the mid nineties, the Deschutes County
Building Division established an informal agreement with Crook County to provide them
with building inspection services on an "as needed" basis to fill in during staff shortages.
This agreement was formalized in 2003 with an Intergovernmental Agreement and has
renewed every year since then. Crook County has expanded their program and staff
since 2003 and requires minimal assistance at this time.
Agreement Starting Date:
7/1/08
Annual Value or Total Payment:
'$1,000,
El Insurance Certificate Received check box)
Insurance Expiration Date:
Check all that apply:
RFP, Solicitation or Bid Process
❑ Informal quotes (4150K)
Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37)
Ending Date:
6/30/09
Funding Source: (Included in current budget? [ Yes
No
If No, has budget amendment been submitted? ❑ Yes ❑ No
Departmental Contact: Dennis Perkins Phone #:
Title:
Building Official
Department Director Approval:
Signature
388-6610
Date
Distribution of Document: Include complete information if document is to be mailed.
Official Review:
County Signature Required (check one): ❑ BOCC
❑ Department Director (if <$25K)
❑ Administrator (if >$25K but 4150K; if 4150K, BOCC Order No.
Legal Review Date
Document Number
4/15/2( )08
REyWED
LEGAL COUNSEL
Approved By County Counsel
For Legal Sufficiency
C ' j,N ,iI,
SIGNATURE
For Recording Purposes Only
INTERGOVERNMENTAL AGREEMENT BETWEEN
CROOK COUNTY AND DESCHUTES COUNTY
Contract No. 2008-132
This Agreement is made and entered into by and between Deschutes County, a political subdivision
of the State of Oregon, hereinafter referred to as "Deschutes," and Crook County, a political
subdivision of the State of Oregon, hereinafter referred to as "Crook."
WITNESSETH:
WHEREAS, Deschutes and Crook are authorized pursuant to ORS 190.003 through 190.110 to enter
into an intergovernmental agreement for the performance of any or all functions which a party to the
agreement has the authority to perform; and
WHEREAS, both Deschutes and Crook find it beneficial to enter into this agreement in order f,Ir
Deschutes to provide inspection services to Crook;
NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it s
mutually agreed as follows:
1. EFFECTIVE DATE/DURATION
1.1. This Agreement is effective July 1, 2008.
1.2. This agreement terminates at 11:59 p.m. on June 30, 2009, unless sooner terminated
in accordance with Paragraph 2 of this agreement. This agreement may be extended
for subsequent one-year terms upon agreement of the parties.
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.
3. PURPOSE
3.1. The purpose is for Deschutes to provide "A" level plumbing, mechanical, structural an
electrical inspection services, and residential plumbing, mechanical, structural ant
electrical services and such other inspection services on behalf of and for the benefit cf
Crook County and such other inspection services as the parties may agree upon.
Page 1 of 5 — Intergovernmental Agreement Between Crook County and Deschutes County
Contract No. 2008-132
4. STATEMENT OF WORK
4.1. Deschutes agrees to:
4.1.1. Provide "A" level plumbing, mechanical, structural and electrical inspection
services, and residential plumbing, mechanical, structural and electrical
services and such other inspection services on behalf of and for the benefit
Crook County and such other inspection services as the parties may agree
upon.
4.1.2. Provide all services in accordance with a schedule approved by the parties.
5. CONSIDERATION
5.1. Crook shall pay Deschutes on a fee-for-service basis at the rate of $50 per hour or $60
per hour depending upon the level of expertise of the staff performing the service or
services, plus vehicle mileage at the current rate designated by the Internal Revenue
Service for tax purposes.
5.2. If the hours worked by a Deschutes employee for services performed under this
Agreement exceeds 40 hours in a work week, Crook agrees to pay Deschutes for all
hours worked by the employee in excess of 40 hours in a work week at the rate of 1 %2
times the hourly rate being paid to Deschutes for the services of the employee
performing the services.
5.3. For the work to be performed under this agreement, Crook's performance of its
obligations hereunder is conditioned upon County's compliance with the provisions of
ORS 2796.220, 2796.230, and 2796.235, which are incorporated herein by this
reference.
5.4. Payment for hours worked plus reimbursement for mileage shall be the complee
compensation to Deschutes for services performed under this agreement.
6. DELEGATION AND REPORTS
6.1. Deschutes shall not delegate the responsibility for providing services hereunder to any
other individual or agency.
6.2 Deschutes shall provide Crook with periodic reports at the frequency and with the
information prescribed to be reported by Crook.
7. ASSIGNMENT
7.1. Neither this Agreement nor any of the rights granted by this Agreement may be
assigned or transferred by either party.
8. BINDING EFFECT
8.1. The terms of this Agreement shall be binding upon and inure to the benefit of each cif
the parties and each of their respective administrators, agents, representativetl;,
successors and assigns.
Page 2 of 5 — Intergovernmental Agreement Between Crook County and Deschutes County
Contract No. 2008-132
9. AGENCY AND PARTNERSHIP
9.1. It is agreed by and between the parties that Deschutes is carrying out a function on
behalf of Crook, and Crook has the right of direction or control of the manner in which
Deschutes delivers services under this agreement and exercises control over the
activities of Deschutes when providing agreed upon services.
9.2. Neither party is, by virtue of this Agreement, a partner or joint venturing with the other
party and neither party shall have any obligation with respect to the other party's debts
or liabilities of whatever kind or nature.
10. INDEMNIFICATION
10.1. 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, Crook shall defend, save, hold
harmless and indemnify Deschutes 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 Crook or its officers,
employees, contractors, or agents under this Agreement.
10.2. 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, Crook shall defend, save, hold
harmless and indemnify Deschutes 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 travel by Deschutes employees
from and to Bend, Oregon to provide such services for such acts within the scope of
this agreement.
10.3. 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, Deschutes shall defend, save,
hold harmless and indemnify Crook 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 Deschutes or its
officers, employees, contractors, or agents under this Agreement.
10.4. Neither party shall be liable to the other for any incidental or consequential damages
arising out of or related to this Contract.
10.5. 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.
11. NON-DISCRIMINATION
11.1. 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.
11.2. Each party agrees to comply with Title VI of the Civil Rights Act of 1964, with Section ''
of the Rehabilitation Act of 1973, and with all applicable requirements of federal and
state civil rights and rehabilitation statutes, rules and regulations.
Page 3 of 5 — Intergovernmental Agreement Between Crook County and Deschutes County
Contract No. 2008-132
11.3. Additionally, each party shall 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.
12. ATTORNEY FEES
12.1. 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.
13. NO WAIVER OF CLAIMS
13.1. 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. SEVERABILITY
14.1. 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.
15. HEADINGS
15.1. The headings of this Agreement are for convenience only and shall not be used to
construe or interpret any provisions of this Agreement.
16. INCORPORATION OF RECITALS
16.1. The recitals set forth above are hereby incorporated into and made a part of this
Agreement.
17. APPLICABLE LAW
17.1. This Agreement shall be governed by and interpreted in accordance with the laws of
the State of Oregon.
/1/
Page 4 of 5 — Intergovernmental Agreement Between Crook County and Deschutes County
Contract No. 2008-132
18. ENTIRE AGREEMENT
18.1. This Agreement constitutes the entire Agreement between the parties concerning the
subject matter hereof, and supersedes any and all prior or contemporaneous
agreements or understandings between the parties, if any, whether written or oral,
concerning the subject matter of this Agreement which are not fully expressed herein.
18.2. This Agreement may not be modified or amended except by a writing signed by both
parties.
Dated this of , 2008 BOARD OF COUNTY COMMISSIONERS
ATTEST:
Recording Secretary
Dated this of 1,I / , 2008 CROOK COUNTY COURT
SC 4 /e
DENNIS R. LUKE, CHAIR
TAMMY (BANEY) MELTON, VICE CHAIR
MICHAEL M. DALY, COMMISSIONER
ATT STT:
Recording Secretary
SCOTT R. COOPER, JUDGE
714-L. 7fr.` ?f
MIKE McCABF,-C(JMMISSIONER
M
NDQUTI� CO
ISSIONER
Page 5 of 5 — Intergovernmental Agreement Between Crook County and Deschutes County
Contract No. 2008-132