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HomeMy WebLinkAbout2011-157 IGA - Jackson Cty BLDG Inspection SRVCs INTERGOVERNMENTAL AGREEMENT FOR BUILDING INSPECTION SERVICES This agreement, hereinafter referred to as "Agreement', is made and entered into by and between the County of Jackson, Board of Commissioners, herein after referred to "County", and City of Ashland ("City"). STATUTORY AUTHORITY 1. In accordance with and pursuant to the provisions of ORS Chapter 190, entitled "INTERGOVERNMENTAL COOPERATION", the County is authorized to jointly provide for the performance of a function or activity in cooperation with a"unit of local government' that includes a commission or other governmental authority in Oregon. By acceptance of this Agreement, City certifies that it meets the above criteria for eligibility for such cooperation with the County. 2. As a result of this Agreement and pursuant to ORS 190.030, any unit of local government, consolidated department, intergovernmental entity or administrative officers designated herein to perform specified functions or activities is vested with all powers, rights and duties relating to those functions and activities that are vested by law in each separate party to the Agreement, its officers and agencies. RECITAL 1. 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 2. The County and the City require the services of qualified building inspectors for the performance of routine building code inspections; and 3. The County and the City employ inspectors with the particular training,ability,knowledge, and experience to meet the needs of the County and the City. NOW, THEREFORE in consideration for the mutual covenants contained herein the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT 1. The recitals set forth above are true and correct and are incorporated herein by this reference. Intergovernmental Agreement-Jackson County 1 2. COOPERATION AND SERVICES TO BE SHARED a. County Responsibilities: 1) The County shall make available to the City Building Department personnel with the qualifications and state certifications necessary to perform the inspection requested by the City. Inspectors shall be made available on those dates and at those times as are mutually agreed upon between the Ashland Building Official and Jackson County Building Official. A statement of work is contained in Exhibit A attached hereto and made a part hereof by this reference. The County Inspectors providing services to the City pursuant to this Agreement shall have all jurisdiction, authority, powers, functions, and duties of the City Inspectors with respect to any and all violations of State Law and City Ordinances. b. City Responsibilities: 1) The City shall make available to the County Building Department personnel with the qualifications and state certifications necessary to perform the inspection requested by the County. Inspectors shall be made available on those dates and at those times as are mutually agreed upon between Jackson County Building Official and Ashland Building Official. A statement of work is contained in Exhibit A attached hereto and made a part hereof by this reference. The City Inspectors providing services to the County pursuant to this Agreement shall have all jurisdiction, authority, powers, functions, and duties of the County Inspectors with respect to any and all violations of State Law and County Ordinances. 3. APPORTIONMENT FOR FUNDING a. The County shall promptly reimburse the City 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, not to exceed $10,000 for the contract term. b. The City shall promptly reimburse the County 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, not to exceed $10,000 for the contract term. 4. PERSONNEL. No employees will be formally transferred pursuant to this Agreement. The County and City will continue to pay its employees and shall keep accurate records of hours worked pursuant to this Agreement. The City and the County 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. The Agreement does not change the status of any employee, contractor or officer of the City or County. Intergovernmental Agreement-Jackson County 2 5. LIMITATIONS OF LIABILITY All parties agree that each party shall not be subject to claim, action, or liability arising in any manner whatsoever out of any act or omission, interruption, or cessation of services by the other party under this agreement. Each party shall not be liable or responsible for any direct, indirect special or consequential damages sustained by the other party to this agreement, including,but not limited to, delay, or interruption of business activities that may result in any manner whatsoever from any act or omission, interruption, or cessation of services. 6. INDEMNIFICATION Subject to the limitations and conditions of the Oregon Tort Claims Act, ORS 30.260 et seq., and Article XI, Section 10 of the Oregon Constitution, each Party to this agreement shall be solely responsible for its own actions and/or failure to act and shall indemnify and hold the other party harmless from any liability, cost or damage arising therefrom. Provided, however, that neither party shall be required to indemnify the others for any claim, loss or liability arising solely out of the wrongful act of the others officers, employees or agents. The provisions of this paragraph shall survive the expiration or sooner termination of this agreement. 7. TERM OF AGREEMENT The term of this Agreement shall become effective upon the date which this Agreement is fully executed by all Parties and shall continue in full force until June 30, 2013 or until earlier terminated as provided herein. 8. TERMINATION a. Mutual Consent. This contract maybe terminated at anytime by mutual consent of both parties. b. Parties' Convenience. This contract maybe terminated at anytime by either Party upon 30 days' notice in writing and delivered by certified mail or in person. C. For Cause. Either party may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to the City or County, or at such later date as may be established by the County, under any of the following conditions: 1) If any license or certificate required by law or regulation to be held by the City or the County to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. 1) Either County or City may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall Intergovernmental Agreement-Jackson County 3 give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require,then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. 2) Waiver of any breach of any term or condition of this Agreement shall not be deemed a waiver of any prior or subsequent breach. No term shall be waived or deleted'except in writing signed in advance by the parties. 3) In the event of a dispute relating to this Agreement, the parties shall first attempt to resolve the dispute through mediation. The parties will share the administrative costs of the mediation and the mediator's fees equally. Mediation fees shall be limited to those customarily charged in Jackson County, Oregon by state court appointed mediators. The parties will attempt to jointly select a mediator within ten (10) days of a party giving notice to the other party of its desire to undertake mediation. In the event the parties cannot agree to a mediator within such ten (10) day period,then within five(5)days thereafter, each shall select a mediator, and the two selected mediators will designate a third mediator who will then mediate the dispute. The first two mediators may charge the choosing party for its services to select the third mediator. In the event mediation fails to resolve the dispute, a party may commence legal proceedings, and in such case each party shall be responsible for its own costs and attorneys' fees incurred in connection which such proceedings. 9. 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: Jackson County City of Ashland Attn: Ted Zuk Attn: Carolyn Schwendener 10 South Oakdale, Room 100 51 Winbum Way Medford, OR 97501 Ashland, OR 97520 Phone: (541) 774-6921 Phone: (541) 488-5309 Intergovernmental Agreement-Jackson County 4 10. CONSTRUCTION, MODIFICATIONS OF THIS AGREEMENT a. This Agreement shall not become effective until all parties hereto have executed this Agreement. b. This Agreement shall be construed and enforced in accordance with the laws of the State of Oregon. C. THIS AGREEMENT CONTAINS THE ENTIRE AGREEMENT BETWEEN THE PARTIES HERETO AND SUPERSEDES ANY AND ALL PRIOR EXPRESS AND/OR IMPLIED STATEMENTS,NEGOTIATIONS AND/OR AGREEMENTS BETWEEN THE PARTIES, EITHER ORAL OR WRITTEN, AND MAY NOT BE AMENDED, CHANGED OR MODIFIED IN ANY WAY, EXCEPT BY WRITTEN AGREEMENT SIGNED BY ALL PARTIES HERETO. IN WITNESS WHEREOF, the parties hereby enter into this agreement. Each party, by signature below of its authorized representative, hereby acknowledges that it has read this Agreement,understands it,and agrees to be bound by its terms and conditions. Each person signing this Agreement represents and warrants having authority to execute this Agreement. JACKSON COUNTY, OREGON CITY OF ASHLAND, OREGON Olaf�/ Danny Jor Date J Stromberg Date Administr r Mayor Approved as to Legal Sufficiency: 430to Legal Sufficiency: an Kirchoff Counsel Senior Assistant County Counsel C: Intergovernmental Agreement-Jackson County 5 STATEMENT OF WORK EXHIBIT A Through this Agreement the City of Ashland agrees to perform site built electrical,plumbing, and structural/mechanical and manufactured home set up inspections on behalf of Jackson County and Jackson County agrees to perform site built electrical, plumbing and structural/mechanical and manufactured home set up inspections on behalf of the City of Ashland. A. The City of Ashland shall: When performing site built inspections for the County: 1. Comply with all requirements and regulations of the ORS's and OAR's pertaining to the electrical, plumbing, and structural/mechanical programs and manufactured home programs. 2. Provide State of Oregon certified/licensed inspectors. 3. Perform electrical, plumbing, structural/mechanical and manufactured home inspections as requested by the County within two (2) business days. 4. Complete Inspection Report Form at the time of inspection (form provided by the County). Return Inspection Report Form with correction notes to the County at end of inspection day. 5. Provide identification upon entering a job site and the reason for the site visit. 6. Comply with the inspection notification requirements of applicable ORS's and OAR'S. 7. Provide to the County 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. When requesting site built inspections to be done by the County: 1. Provide all necessary forms 2. Give a minimum of one day notice prior to an inspection. 3. Provide site location,.type of inspection needed, and permit number and information. IntergovernmentalAgreement-JacksonCounty 6 '13. The County shall: When performing site built inspections for the City: 1. Comply with all requirements and regulations of the ORS's and OAR's pertaining to the electrical, plumbing, and structural/mechanical programs and manufactured home programs. 2. Provide State of Oregon certified/licensed inspectors. 3. Perform electrical, plumbing, structural/mechanical and manufactured home inspections as requested by the City within two (2)business days. 4. Complete Inspection Report Form at the time of inspection (form provided by the City). Return Inspection Report Form with correction notes to the City at end of inspection day. 5. Provide identification upon entering a job site and the reason for the site visit. 6. Comply with the inspection notification requirements of applicable ORS's and OAR's. 7. Provide to the City 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. When requesting site built inspections to be done by the City: 1. Provide all necessary forms 2. Give a minimum of one day notice prior to an inspection. 3. Provide site location, type of inspection needed, and permit number and information. Intergovernmental Agreement-Jackson County 7 Development Services De Anna Bingham Fiscal/Administrative Manager COUNTY Medfo OR9501 Rm 100 JACKSON Phone: (541)774-6902 Oregon Fax: (541)774-6948 BinghaDS@jacksoncounty.org w jacksoncounty.org September 14, 2011 Bill Molnar Community Development Director City of Ashland 15 Winbum Way Ashland OR 97520 RE: Intergovernmental Agreement for 2011/2013 Dear Mr. Molnar: Enclosed is the fully executed 2011/2013 Intergovernmental Agreement with Jackson County for your files. You will note the contract was signed on August 10th, but was ratified back to an effective date of July 1, 2011. The term of this contract is through June 30, 2013. Please feel free to contact me if you have any questions or need further information. I apologize for the delay in getting your copy to you, and hope this has not caused any inconvenience. Thank you,you, /`!'� '" De Anna Bingham Enclosure