HomeMy WebLinkAboutAmend IGA - State Bldg Inspection SvcsDeschutes 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, Wednesday, May 28, 2008
Please see directions for completing this document on the next page.
DATE: 5/15/08
FROM: Tom Anderson, Director
Community Development (CDD) 385-170,
TITLE OF AGENDA ITEM:
Consideration of Approval and Signature of Document No. 2008-253, an amendment to
Intergovernmental Agreement (IGA) No. 2006-324 between Deschutes County and the State of
Oregon.
PUBLIC HEARING ON THIS DATE? NO.
BACKGROUND AND POLICY IMPLICATIONS:
In 2003 the Deschutes County Building Division established an IGA with the State of Oregon to
provide them with building inspection services on an "as needed" basis. This agreement has been
renewed annually since then. This amendment extends the existing IGA to June 30, 2009, for
inspection services provided by the Deschutes County Building Division to the State of Oregon.
FISCAL IMPLICATIONS:
As per the agreement, the State of Oregon will be charged an hourly rate to cover CDD expenses tc
provide these services.
RECOMMENDATION & ACTION REQUESTED:
Approval and signature of Document 2008-253 to provide Building Inspection services to the State of
Oregon as they have requested.
ATTENDANCE: Tom Anderson, Director
DISTRIBUTION OF DOCUMENTS:
Three (3) originals. Call Doreen at CDD to pick up, x 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.)
Date:
5/12/08
Contact Person:
Please complete all sections above the Official Review line.
Sara Fast
Department:
Contractor/Supplier/Consultant Name:
Community Development (CDD)
Phone #:
State of Oregon
Goods and/or Services: Building Inspection Services
(503)373-1277
Background & History: In 2003 the Deschutes County Building Division established
an Intergovernmental Agreement (IGA) with the State of Oregon to provide them with
building inspection services on an "as needed" basis. This agreement has been
renewed annually since then. This amendment extends the existing IGA to June 30,
2009, for inspection services provided by the Deschutes County Building Division to the
State of Oregon.
Agreement Starting Date:
7/1/08
Annual Value or Total Payment:
$1,000
Ending Date:
6/30/09
❑ Insurance Certificate Received check box) , yr Aiet4
Insurance Expiration Date:
Check all that apply:
❑ RFP, Solicitation or Bid Process
❑ Informal quotes (<$150K) �°7 Afft-'G
❑ Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37)
Funding Source: (Included in current budget? IN Yes ❑ No
If No, has budget amendment been submitted? ❑ Yes ❑ No
Departmental Contact:
Title:
Dennis Perkins
Building Safety Director
Department Director Approval: ,//,,��12/
Phone #:
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)
5/14/200F
❑ Administrator (if >$25K but <$150K; if >$150K, BOCC Order No.
Legal Review Date
Document Number i ? - 02 j 3
5/14/201X
AMENDMENT #1 TO 90G000105
INTERGOVERNMENTAL AGREEMENT CONTRACT
1. This agreement is between the State of Oregon acting by and through its Department of Consumer
and Business Services, Building Codes Division, hereafter called the Division, and Deschutes County ,
hereafter County.
2. The Contract is hereby amended as follows (new language is indicated by underlining and deleted
language is indicated by brackets):
This Agreement is between DESCHUTES COUNTY ("County") and the State of Oregon acting
by and through its DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, Building
Codes Division ("Division"), and is made pursuant to ORS 190.010. Division's Contract
Administrator for this Agreement is [brie all] Sara Fast.
III. FINANCIAL MATTERS
All requests for payment shall be submitted to:
Department of Consumer & Business Services
Building Codes Division
Attn: [Laurie Hall] Sara Fast
P.O. Box 14470
Salem, OR 97309
IX. AMENDMENTS
The terms of this agreement shall not be waived, altered, modified, supplemented or amended except
by written instrument signed by both parties. [This agreement may be extended upon written
amendment for a period not to exceed two years from original expiration date.] This agreement may
be extended upon written amendment. The Agreement maximum may be increased to reflect any
authorized extension period, but the total agreement maximum, including any extension periods, shall
not exceed $75,000.00.
X. TERM OF AGREEMENT
This Agreement shall become effective on the date at which every party has signed this Agreement.
This Agreement shall expire unless otherwise terminated, or extended by amendment, on [June 30,
200g] June 30, 2009.
3. Except as expressly amended above, all other terms and conditions of original contract are still in
full force and effect. Contractor certifies that the representations, warranties and certifications
contained in the original Contract are true and correct as of the effective date of this Amendment and
with the same effect as though made at the time of this Amendment.
COUNTY
By: Title: Date:
Federal Tax ID#:
Phone number:
AGENCY
Authorized
Signature: Title: Deputy Administrator Date:
Agency
Signature: Title: Contract Officer Date:
2
GOC, poo K:)5-
INTERGOVERNMENTAL
oy
INTERGOVERNMENTAL AGREEMENT
No.
Page 1 of 4
This Agreement is between DESCHUTES COUNTY ("County") and the State of Oregon acting
by and through its DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, Building
Codes Division ("Division"),and is made pursuant .. •. n's Contract
Administrator for this Agreement is Laurie Hall.
I. PURPOSE:
The purpose of this Agreement is to ensure timely, electrical, ... , . _ _.. chanical
inspections including prefab are performed in jurisdictions under the Division's authority.
II. STATEMENT OF WORK
Through this Agreement the County agrees to perform prefab, electrical, plumbing and
structural/mechanical inspections on behalf of the Division.
A. The County shall:
1. Comply with all requirements and regulations of the ORS's and OAR's pertaining to
the electrical, plumbing and structural/mechanical program.
2. Provide State of Oregon certified/licensed inspectors.
3. Notify the Division whether or not an inspection can be performed within the same day
of the original request.
4. Perform inspections within 48 hours of a written request for inspection unless the time
for inspection is extended to a set date by mutual agreement. The 48 hours excludes
Saturdays, Sundays and holidays.
5. Complete an Inspection Report Form provided by the Division for each inspection
performed by the County.
6. Provide identification upon entering a job site and the reason for the site visit.
7. Submit a copy of the inspection report to the Division within 48 hours of the inspection.
8. Comply with the inspection notification requirements of applicable ORS's and OAR's.
9. Provide to the Division a monthly request for payment to be submitted with a detailed
spreadsheet listing date and location of inspection, type of inspection and inspection
time spent.
B. The Division shall:
1. Provide all necessary forms.
2. Give a minimum of two days notice prior to an inspection.
3. Provide site locations, type of inspection needed, and permit number and information.
III. FINANCIAL MATTERS
A. The Division agrees to pay the County an amount not to exceed $25,000, paid at the rate of $65.00
per hour for inspections.
1. This payment and any approved travel expenses (Section IV) shall be the sole monetary
obligation of the Division under this agreement, and the Division's obligation to pay is limited
by the provisions of Section XI, Termination.
De_ 006.324
INTERGOVERNMENTAL AGREEMENT
No.
Page 2 of 4
2. Payment will be based upon the performance of inspections performed by the County on the
Division's behalf.
3. The County shall not submit invoices for, and the Division will not pay for, any overtime
accrued by County employees while performing tasks under this agreement.
B. The County agrees to submit final invoice for work completed under this agreement not later than
30 days after expiration date of this agreement.
C. All requests for payment shall be submitted to:
Department of Consumer & Business Services
Building Codes Division
Attn: Laurie Hall
P.O. Box 14470
Salem, OR 97309
D. All requests for payment shall include documentation described in Section II(9) to justify payment
under this agreement.
E. Compensation shall be made by Division within 30 days upon receipt of County's invoice.
F. The Division certifies that at the time the agreement is written that sufficient funds are available
and authorized for expenditure to finance costs of this agreement.
IV. TRAVEL AND OTHER EXPENSES
Travel expenses shall be reimbursed only in accordance with rules and rates approved by the State of
Oregon, Department of Administrative Services and in effect at the time the expense was incurred.
Travel expenses are included in the maximum, not -to -exceed, amount of this agreement.
A. Meal allowances will be reimbursed on a per diem basis and will be based on IRS Publication
#1542, Per Diem Rates for Oregon.
B. Lodging will be reimbursed for the actual cost up to the specified federal per diem lodging rates
for the locality. Reimbursement rates for lodging are not considered "per diem". Original
receipts are required and must be submitted for reimbursement.
C. Reimbursement rate for mileage will be the same as the Federal IRS rate and will change
accordingly. No mileage reimbursement will be paid for the use of motor cycles or mopeds.
Mileage tabulation shall be determined through the use of the State of Oregon Mileage guide.
V. RESPONSIBLE PARTIES FOR ADMINISTRATION
The primary organizations and officials responsible for conducting the administrative requirements of
this agreement are:
A. Division Contract Manager: Liz Browder, Manager, Regional Inspections
B. County Contract Manager:
INTERGOVERNMENTAL AGREEMENT No.
Page 3 of 4
VI. NON-PERFORMANCE
Neither party shall be held responsible for delay or failure to perform when such delay or failure is due
to fire, flood, epidemic, strikes, acts of God or the public enemy, unusually severe weather, legal acts
of public authorities, or delays or defaults caused by public carriers, which cannot be reasonably
foreseen or provided against. Either party may terminate the agreement, effective with the giving of
written notice, after determining such delays or failure will reasonably prevent successful performance
in accordance with the terms of this agreement.
VII. INSURANCE
Each party shall insure or self -insure and be independently responsible for the risk of its own liability
for claims within the scope of the Oregon Tort Claims Act (ORS 30.260 to 30.300).
VIII. NONDISCRIMINATION
The parties agree to comply with all applicable requirements of Federal and State civil rights and
rehabilitation statutes, rules and regulations in the performance of this agreement.
IX. COMPLIANCE WITH APPLICABLE LAWS
The parties agree that both shall comply with all Federal, State, and local laws and ordinances
applicable to the work to be done under this agreement. The parties agree that this agreement shall be
administered and construed under the laws of the State of Oregon.
X. AMENDMENTS
The terms of this agreement shall not be waived, altered, modified, supplemented or amended except
by written instrument signed by both parties. This agreement may be extended upon written
amendment for a period not to exceed two years from original expiration date. The Agreement
maximum may be increased to reflect any authorized extension period, but the total agreement
maximum, including any extension periods, shall not exceed $75,000.00.
XI. TERMINATION
This agreement may be terminated by mutual consent by both parties or by either party upon 30 days'
notice, in writing and delivered by certified mail or in person.
XII. TERM OF AGREEMENT
This Agreement shall become effective on the date at which every party has signed this Agreement.
This Agreement shall expire unless otherwise terminated, or extended by amendment, on June 30,
2008.
INTERGOVERNMENTAL AGREEMENT
No.
Page 4of4
XIII. PARTNERSHIP
Neither party is, by virtue of this agreement, a partner or joint venturer 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.
XIV. AUDIT
The Division reserves the right to audit, at the Division's expense, the County's compliance with the
terms of the contract and/or the financial records.
XV. NO WAIVER OF CLAIMS
The failure by either party to enforce any provision of this agreement shall not constitute a waiver by
that party of that provision or of any other provision or provisions of this agreement.
XVI. ENTIRE AGREEMENT
This agreement constitutes the entire agreement between the parties concerning the subject matter of
this agreement and supercedes any and all prior or contemporaneous negotiations or agreements
among the parties, if any, whether written or oral, concerning the subject matter of this agreement that
are not fully expressed herein. This agreement may not be modified or amended except by writing and
signed by all parties.
DESCHUTES COUNTY
By
Title:
DEPARTMENT OF CONSUMER AND
BUSINESS SERVICES THROUGH ITS
BUILDING CODES DIVISION)
By:
ennis R. Lukt, Chair l Joan Fraser, Deputy Administrator
Deschutes County Board of Commissioners
Date: Date: l0 (i0/C31c,
Address:
1300 NW Wall St., Suite 200
Bend, OR 97701
FEIN:
Telephone Number:
Fax Number:
By:
Date:
DCBS Contrac Officer
7/c0 0 L