Loading...
HomeMy WebLinkAboutDoc 431 - IGA - Bend - Shared SvcsFor Recording Stamp Only INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF BEND, OREGON AND DESCHUTES COUNTY This Intergovernmental Agreement ("Agreement") is made and entered into this day July 1, 2009, by and between the City of Bend, a municipal corporation of the State of Oregon ("CITY) and Deschutes County, a political subdivision of the State of Oregon (COUNTY). RECITALS: A. ORS 190.003 through 190.110 authorize CITY and COUNTY to enter into intergovernmental agreements for the performance of any or all functions which a party to the Agreement has the authority to perform; and B. The CITY and COUNTY find it beneficial to enter into this Agreement in order to provide for mutual assistance for Building inspection and Plan review services; C. The CITY and COUNTY are from time to time in need of the services of building plan reviews and inspectors duly certified by the State of Oregon in order to more effectively and efficiently deal with workload and staffing fluctuations; and D. The CITY and COUNTY wish to obtain support from each other for certain services of building plan review and inspections on an as needed basis subject to the conditions set forth in this Agreement; and E. The parties desire to agree that when the CITY requests building plan review and inspection services from the COUNTY or the COUNTY requests the same from the CITY, the provisions of this Agreement will govern. NOW, THEREFORE, the parties agree to enter into this Agreement as follows: 1. EFFECTIVE DATE/DURATION 1.1. This Agreement is effective July 1, 2009 or the date on which each party has signed this Agreement, whichever is earlier. 1.2. This Agreement terminates at 11:59 p.m. on June 30, 2010, unless sooner terminated in accordance with Paragraph 2 of this Agreement. Page 1 of 7 — INTERGOVERNMENTAL AGREEMENT NO. 2009-431 0C-2009-431 1.3. This Agreement may be extended for subsequent one-year terms upon written 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. CITY or COUNTY may terminate this contract upon not less than sixty (60) calendar days written notice if either party breaches any of the terms herein or in the event of any of the following: 2.2.1. Insolvency of CITY or COUNTY; 2.2.2. Voluntary or involuntary petition in bankruptcy by or against CITY or COUNTY; 2.2.3. Appointment of a receiver or trustee for CITY or COUNTY; 2.2.4. Assignment for benefit of creditors of CITY or COUNTY; or 2.2.5. Any violation of the terms of this Agreement. 2.3. Termination under this section shall not affect any obligations or liabilities accrued prior to the effective date of termination. 3. DEFINITIONS. 3.1. "Requesting Party" means the party requesting the services in Section 4 from the other party. 3.2. "Responding Party" means the party providing the services in Section 4 to the Requesting Party. 4. STATEMENT OF WORK. COUNTY and CITY agree: 4.1. That, upon request from the Requesting Party, the Responding party shall: 4.1.1. Examine provide building plans submitted to the Requesting Party to insure their compliance with the Structural, Mechanical, Electrical, Plumbing, and Residential Specialty codes pursuant to ORS 455; and the Manufactured Home and Recreational Vehicle Regulations adopted by the State of Oregon (State MHRV Regs); 4.1.2. Promptly upon completion of its plans review report, approve the plans listed in and notify the Requesting Party of such approval so the Requesting Party may issue appropriate permits or notify the applicant of any deficiencies in the plan review report; 4.1.3. Provide plumbing, mechanical, structural and electrical inspection services at all levels and such other inspection services as the parties may agree upon; Page 2 of 7 — INTERGOVERNMENTAL AGREEMENT NO. 2009-431 4.1.4. Oversee enforcement of the State Building Code, and the State MHRV regulations by performing field inspections of building sites; 4.1.5. Conduct inspections during construction to ascertain if the construction is in compliance with the applicable State Building Code, State MHRV regulations, and Requesting Party's codes and ordinances as per the approved plans; 4.2. The Responding Party shall make a good faith effort to coordinate its inspections with the other jurisdictions and the applicable Requesting Party's departments, including but not limited to the Fire (Fire Marshall), and Public Works Department, Road and Solid Waste departments; 4.2. The Responding Party shall coordinate with the Requesting Party's departments for plans and permit application review, permit and certificate of occupancy issuance, field enforcement, and compliance with any Requesting Party's ordinances and regulations for utilities and land use requirements; 4.3. The Responding Party shall verify the Requesting Party's code -required setbacks and compliance with approved site plans. 4.4. The Responding Party shall review of all plans listed in 4.1.1., usually, within Ten (10) working days for residential projects and within Fifteen (15) days for Commercial projects after receipt of all proper plans and applications; 4.5. The Responding Party shall make a good faith effort to provide inspections within one (1) working day following its receipt of an inspection request; 4.6. The Requesting Party shall allow the Responding Party up to two (2) working days to provide the inspections required under the terms of this Agreement; 4.6. Services provided to the Requesting Party are provided on the Requesting Party's behalf and for the benefit of the Requesting Party. 4.7. Services provided by the Responding Party to the Requesting Party shall be under the direction and management of the Requesting Party. 5. CONSIDERATION 5.1. Compensation for the services to be provided under this Agreement for plan review shall be 60% of all plan review fees collected by the originating jurisdiction. 5.2. Payment shall be based on the aforementioned fees and shall not include or be based on any additional fees the Responding Party may collect. 5.3. Compensation for all inspections performed by Responding Party shall be per the adopted fee schedule of each jurisdiction's hourly rate and rounded to the next highest 114th hour, Page 3 of 7 — INTERGOVERNMENTAL AGREEMENT NO. 2009-431 5.4. For the work to be performed under this Agreement, CITY and COUNTY's performance of their obligations hereunder is conditioned upon their compliance with the provisions of ORS 2796.220, 279B.230, and 279B.235, which are incorporated herein by this reference. 5.4. Payment for hours worked plus reimbursement for mileage shall be the complete compensation to the Responding Party for services performed under this Agreement. 5.5. The maximum consideration authorized under this Agreement is $150,000 (One hundred fifty thousand dollars and no cents). 6. PAYMENT. All payment for the work performed shall be paid in accordance with the following: 6.1. CITY or COUNTY shall submit billing statement(s) for work performed during the previous month by the 10th day of the immediately following month. 6.2. The party for which services were performed shall send payment for the performing party's billing statement or invoice within 30 days of invoice date. 7. LIMITATION 7.1. This Agreement is expressly subject 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. 7.2. In the event sufficient funds are not appropriated for the payment of consideration required to be paid under this Agreement, and if CITY or COUNTY has no funds legally available for consideration from other sources, then either party may terminate this Agreement in accordance with Section 13 of this Agreement. 7.3. Any provisions herein, which would conflict with law, are deemed inoperative to that extent. 8. CITY AND COUNTY REPRESENTATIVES 8.1. CITY'S authorized representative for the purposes of this Contract shall be the CITY Community Development Department Director or the Director's designee. 8.2. COUNTY'S authorized representative for the purposes of this Contract shall be Deschutes County Community Development Director or the Director's designee. 9. DELEGATION AND REPORTS 9.1. The Responding Party shall not delegate the responsibility for providing services hereunder to any other individual or agency. 9.2 COUNTY and CITY shall provide each other with periodic reports at the frequency and with the information prescribed to be reported by each. Page 4 of 7 — INTERGOVERNMENTAL AGREEMENT NO. 2009-431 10. ASSIGNMENT Neither this Agreement nor any of the ,rights granted by this Agreement may be assigned or transferred by either party. 11. 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. 12. AGENCY AND PARTNERSHIP 12.1. It is agreed by and between the parties that the Responding Party is carrying out a function on behalf of the Requesting Party, and the Requesting Party has the right of direction or control of the manner in which the Responding Party delivers services under this Agreement and the Requesting Party exercises control over the activities of the Responding Party when providing the agreed upon services. 12.2. 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. 13. INDEMNIFICATION 13.1. CITY and COUNTY shall each be responsible for their own torts. 13.2. CITY and COUNTY shall defend, indemnify, protect and hold each other, their officers, agents, volunteers and employees harmless from all claims, losses, demands, expenses, suits, fees, including attorney's fees, costs and judgments (collectively referenced as "claims") that may be asserted against the such arising out of or in any way connected with the acts or omissions of each party's performance under this Agreement, except that this indemnification requirement shall not apply to claims caused by the other party's own negligence or intentional misconduct. 13.3. Neither party shall be liable for any damages of any sort arising solely from the termination of this Agreement in accordance with its terms. 14. NON-DISCRIMINATION 14.1. 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. 14.2. 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. 14.3. 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. 15. ACCESS To RECORDS The Requesting Party shall have access to such books, documents, papers and records of the Responding Party as are directly related to the services performed Page 5 of 7 — INTERGOVERNMENTAL AGREEMENT NO. 2009-431 under the terms of this Agreement for the purpose of conducting an audit or examination or obtaining excerpts and transcripts. 16. 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. 17. DISPUTE RESOLUTION/ATTORNEY FEES. 17.1. In accordance with the cooperative nature of this Agreement, the parties shall attempt to resolve any and all disputes, interpretation of terms and responsibilities and performance under this Agreement through informal dispute resolution. 17.2. If a matter cannot be resolved by the CITY Community Development Director and COUNTY Development Director, the matter will be timely submitted for review to the CITY Manager and COUNTY Administrator. 17.3. A party will pursue litigation only if this internal dispute resolution is unsuccessful after good faith efforts. 17.4. 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. 18. NO WAIVER OF CLAIMS 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. 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 incorporated into and made a part of this Agreement. 22. APPLICABLE LAW This Agreement shall be governed by and interpreted in accordance with the laws of the State of Oregon. 23. ENTIRE AGREEMENT 23.1. This Agreement constitutes the entire Agreement between the parties concerning this subject matter, 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. Page 6 of 7 — INTERGOVERNMENTAL AGREEMENT NO. 2009-431 23.2. This Agreement may not be modified or amended except by a writing signed by both parties. DATED this 2 3f A of - , 2009 DESCHUTES COUNTY Dave Kanner, Count�nistrator Y DATED this a) of k.7/1 , 2009 CITY OF BEND Erik King, City Ma APPROVED AS T 41,0 4j ters, City Attorne Page 7 of 7 — INTERGOVERNMENTAL AGREEMENT NO. 2009-431