Loading...
HomeMy WebLinkAbout2013-393 IGA - Klamath Cty - Bldg Inspection INTERGOVERNMENTAL AGREEMENT FOR BUILDING INSPECTION SERVICES as '2= ' 2012013 This Agreement is made and entered into this day of 3 by and between KLAMATH COUNTY, a political subdivision of the State of Oregon, hereinafter referred to as "Klamath," and THE CITY OF ASHLAND, an Oregon municipal corporation, hereinafter referred to as "Ashland." RECITALS A. ORS 190.010 permits units of local government to enter into intergovernmental agreements for the performance of any or all functions and activities that a party to the agreement has authority to perform; and B. Klamath County requires the services of qualified building inspectors for the performance of Oregon State Building Code compliant commercial and residential building code inspections; and C. The City of Ashland employs building inspectors with the particular training, ability, knowledge, and experience to meet the needs of Klamath County; and NOW, THEREFORE, in consideration for the mutual covenants contained herein the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. RECITALS. The recitals set forth above are true and correct and are incorporated herein by this reference. 2. DURATION. This agreement shall become effective on the date at which every party, has signed this agreement. This agreement shall not expire unless terminated in accordance with section 8. 3. FUNCTIONS OR ACTIVITIES. [ORS 190.020(1)]. -The City of Ashland shall make available to Klamath County, City of Ashland Building Inspectors with the qualifications and state certifications necessary to perform the inspections requested by Klamath County. This Agreement contemplates Ashland providing inspections for plumbing, electrical, mechanical, and structural purposes, together with plan review services and such other services as may be mutually agreed upon by the parties. Inspectors shall be made available on those dates and at those times ( a schedule) as are mutually agreed upon between the Ashland Building Official and the Klamath Building Official. Ashland shall provide Klamath with periodic reports at the frequency and with the information prescribed to be reported by Klamath. The City of Ashland Inspectors providing services to Klamath County pursuant to this Agreement shall have all jurisdiction, authority, powers, functions, and duties of the Klamath County Building Inspectors with respect to any and all violations of State Law, the Charter or ordinances of Klamath County. It is agreed by and between the parties that Ashland is carrying out a function on behalf of Klamath, and Klamath has the right of direction or control of the Intergovernmental Agreement for Building Inspection Services Page I of 5 manner in which Ashland delivers services under this agreement and exercises control over the activities of Ashland when providing agreed upon services. 4. PAYMENT. [ORS 190.020(1)(a)]. Klamath County shall promptly reimburse the City of Ashland for the actual expenses incurred for the services provided. For purposes of this Agreement, actual cost shall be considered a flat rate costs in an amount of $70.00 per hour portal to portal, not to exceed $25,000 under this agreement. No other incidental costs shall be reimbursed. However, if the hours worked by an Ashland employee for services performed under this Agreement exceeds 40 hours in a work week, Klamath agrees to pay Ashland 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 Ashland for the services of the employee performing the services. Klamath's performance of its obligations hereunder is conditioned upon Ashland's compliance with the provisions of ORS 2796.220, 279B.230, and 2796.235 for work related to this agreement, which are incorporated herein by this reference. 5. REVENUE. [ORS 190.020(1)(b)]. All costs, fees, fines and charges, collected as a result of the work performed by City of Ashland building inspectors pursuant to this Agreement shall be the property of Klamath County. No revenues expected to be derived pursuant to this Agreement need to be apportioned between the parties. 6. PERSONNEL. [ORS 190.020(1)(c)]. No employees will be formally transferred pursuant to this Agreement. The City of Ashland will continue to pay its employees and shall keep accurate records of hours worked pursuant to this Agreement. Klamath County and the City of Ashland are subject employers under ORS Chapter 656, and shall procure and maintain current valid workers compensation insurance coverage for all subject workers throughout the period of this Agreement. This Agreement does not change the status of any employee, contractor or officer of the respective entities. 7. REAL OR PERSONAL PROPERTY. [ORS 190.020(1)(d)]. There shall be no transfer of title or possession to any real or personal property pursuant to this Agreement. 8. TERMINATION. [190.020(1)(f)]. This Agreement maybe terminated by mutual consent by both parties; or by either party at anytime, upon thirty (30) days notice in writing and delivered by certified mail or personal service. In the event of termination of the Agreement, Klamath County shall pay for all services rendered by the City of Ashland to the date of termination. Such termination shall be without prejudice to any obligations or liabilities of either party accrued prior to such termination. 9. HOLD HARMLESS. It is the intention of the Klamath County to be solely responsible for the actions of the City of Ashland inspectors while acting pursuant to this Agreement for the sole benefit of Klamath County with the full power and authority of the Klamath County Building Department. Accordingly, to the extent permitted by Article 11, Section 7, and Article 11, Section 10 of the Oregon Constitution and the Intergovernmental Agreement for Building Inspection Services - Page 2 of 5 Oregon Tort Claims Act, Klamath County shall hold harmless, defend and indemnify the City of Ashland from any and all claims, demands, damages or injuries, liability of damage that anyone may have or assert by reason of any error, act or omission of the City of Ashland building department personnel in the performance of his/her duties under the terms of this Agreement. It is further agreed and understood that 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. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this indemnification. . 10. METHOD AND PLACE OF GIVING NOTICE, SUBMITTING BILLS, AND MAKING PAYMENTS. All notices, bills, and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills, and payments sent by mail should be addressed as follows: City of Ashland Attn: Dave Kanner, City Administrator 20 East Main Street Ashland, Oregon 97520 Phone: 541-488-2100 Fax: 541-552-2092 Klamath County Building Division Attn: Rochelle Putnam 305 Main Street Klamath Falls, OR 97601 Phone: 541-883-5121 option 1 and when so addressed, shall be deemed given upon deposit in the United States Mail, postage prepaid. In all other instances, notices, bills, and payments shall be deemed given at the time of actual delivery. Changes may be made to the names and addresses of the person to whom notices, bills, and payments are to be given by providing notice pursuant to this paragraph. 11. NON-DISCRIMINATION. 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. 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. 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. Intergovernmental Agreement for . Building Inspection Services Page 3 of 5 12. 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. 13. NO 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. 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. 15. HEADINGS.. The headings of this Agreement are for convenience only and shall not be used to construe or interpret any provisions of this Agreement. 16. APPLICABLE LAW. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Oregon. 17. ASSIGNMENUDELEGATION.. Ashland shall not delegate the responsibility for providing services hereunder to any other individual or agency. Neither this Agreement nor any of the rights granted by this Agreement may be assigned or transferred by either party. 18. MERGER. This writing is intended both as the final expression of the Agreement between the parties with respect to the included terms.and as a complete and exclusive statement of the terms of the Agreement. No modification of this Agreement shall be effective unless and until it is made in writing and signed by both parties. 19. 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. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in two (2) duplicate originals, either as individuals, or by their officers, thereunto duly authorized. Dated this day of ,.2013. Klamath County, Oregon Intergovernmental Agreement for - Building Inspection Services Page 4 of 5 Dated this a°Z of(=~ 201J4 BOARD OF COUNTY COMMISSIONERS Oat of Office Today COMMISSIONER COMMISSIONER ATTEST: Recording Secretary IR 1117 Approved as to Form: 1 ?9th ( ) QD-& mat C unsel City of Ashland, Oregon LiD By: - J 4N STROMBERG, MAYOR City of Ashland Approve as to Form: City Attorney Intergovernmental Agreement for Building Inspection Services Page 5 of 5