HomeMy WebLinkAboutIGA - Lake County 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.oru
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of 10:00 AM, Monday, June 23, 2008
Please see directions for completing this document on the next page.
DATE: June 5, 2008
FROM: Tom Anderson Community Development (CDD) Phone # 385-1704
TITLE OF AGENDA ITEM:
Consideration and Approval of Document No. 2008-131, renewal of an Intergovernmental Agreement
between Deschutes County and Lake County for Building Inspection Services provided by the CDI)
Building Division to Lake County.
PUBLIC HEARING ON THIS DATE? NO.
BACKGROUND AND POLICY IMPLICATIONS:
Deschutes and Lake Counties have had a formal Intergovernmental Agreement for Deschutes County to
provide building inspection services since 2002, renewing annually.
FISCAL IMPLICATIONS:
As per the agreement, Lake County will be charged an hourly rate to cover CDD expenses to provi, le
these services.
RECOMMENDATION & ACTION REQUESTED:
Approval and signature of Document No. 2008-131 to continue providing Building Inspection services
to Lake County as they have requested.
ATTENDANCE: Tom Anderson, Director
DISTRIBUTION OF DOCUMENTS:
(1) Copy to Doreen Biome; call for pick up ext. 3193
Lake County,
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:
5/14/08
Contact Person:
Please complete all sections above the Official Review line.
Bob Pardee
Department:
Contractor/Supplier/Consultant Name:
Community Development
Phone #:
Goods and/or Services: Building Inspection Services
(541) 947-6003
Background & History: Document No. 2008-131 renews an Intergovernmental
Agreement (IGA) for building inspection services provided to Lake County by the
Deschutes County Building Division. Deschutes and Lake Counties have had a formal
IGA since 2002, which renews annually.
Agreement Starting Date:
7/1/08,
Annual Value or Total Payment:
$1,000
n Insurance Certificate Received check box)
Insurance Expiration Date:
Check all that apply:
�] RFP, Solicitation or Bid Process AV&
Informal quotes (<$150K)
Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37)
Ending Date:
Il
6/30/09
Funding Source: (Included in current budget? ® Yes n No
If No, has budget amendment been submitted? n Yes _ No
Departmental Contact:
Title:
Dennis Perkins
Building Safety Director
Department Director Approval:
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)
❑ Administrator (if >$25K but <$150K; if >$150K, BOCC Order No.
6/5/20( 8
Legal Review Date
Document Number ZJO6- — 13/
615120( 8
REVIEWED
LEGAL COUNSEL
For Recording Purposes Only
INTERGOVERNMENTAL AGREEMENT BETWEEN
LAKE COUNTY and DESCHUTES COUNTY
For "A" LEVEL, RESIDENTIAL INSPECTIONS
Contract No. 2008-131
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 Lake County, a political subdivision
of the State of Oregon, hereinafter referred to as "Lake."
WITNESSETH:
WHEREAS, Deschutes and Lake 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 Lake find it beneficial to enter into this agreement in order for
Deschutes to provide inspection services to Lake;
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 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 and structu°aI
inspection services, and residential plumbing, mechanical and structural services aid
such other inspection services on behalf of and for the benefit of Lake.
Page 1 of 4 — Intergovernmental Agreement Between Lake County and Deschutes County
Contract No. 2008-131
4. STATEMENT OF WORK
4.1. Deschutes agrees to:
4.1.1. Provide "A" level plumbing, mechanical and structural inspection services, and
residential plumbing, mechanical and structural services and such other
inspection services on behalf of and for the benefit of Lake.
4.1.2. Provide aII services in accordance with a schedule approved by the parties.
5. CONSIDERATION
5.1. Lake 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, Lake 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 %
times the hourly rate being paid to Deschutes for the services of the employee
performing the services.
5.3. Lake's performance of its obligations hereunder is conditioned upon County's
compliance with the provisions of ORS 2796.220, 2796.230, and 2796.235 for work
related to this agreement, which are incorporated herein by this reference.
5.4. Payment for hours worked plus reimbursement for mileage shall be the complete
compensation to Deschutes for services performed under this agreement.
5.5 The maximum consideration authorized under this agreement is $10,000.
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 Lake with periodic reports at the frequency and with the
information prescribed to be reported by Lake.
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 of
the parties and each of their respective administrators, agents, representatives,
successors and assigns.
Page 2 of 4 — Intergovernmental Agreement Between Lake County and Deschutes County
Contract No. 2008-131
9. AGENCY AND PARTNERSHIP
9.1. It is agreed by and between the parties that Deschutes is carrying out a function on
behalf of Lake, and Lake 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. Lake County agrees to indemnify, save harmless and defend Deschutes, its officers,
agents, and employees from and against all claims, suits, actions, damages, costs,
losses and expenses arising out of or related to travel by Deschutes employees from
and to Bend, Oregon to provide such services.
10.2. Such indemnity shall extend to any and all claims.
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 V
of the Rehabilitation Act of 1973, and with all applicable requirements of federal and
state civil rights and rehabilitation statutes, rules and regulations.
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.
Page 3 of 4 — Intergovernmental Agreement Between Lake County and Deschutes County
Contract No. 2008-131
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.
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
ATTEST:
,4wr
Recording SecrVary
DENNIS R. LUKE, CHAIR
TAMMY (BANEY) MELTON, VICE CHAIR
MICHAEL M. DALY, COMMISSIONER
, 2008 LAKE COUNTY
67 if
C
KEN K SINE AIR
DAN SHUN, COMMISSIONER
BRADLEY
NTERS, COMMISSIONER
Page 4 of 4 — Intergovernmental Agreement Between Lake County and Deschutes County
Contract No. 2008-131