HomeMy WebLinkAbout2009-070 IGA BLDG Inspection SVCS Klamath Cty
" ....
INTERGOVERNMENTAL AGREEMENT
FOR BUILDING INSPECTION SERVICES
This Agreement is made and entered into this J1 day Of' 1.fYl~ ' 2009
by and between KLAMATH COUNTY, a political subdivision of the ate 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. [ORS 190,020(1)(e)], The term of this Agreement shall
commence and the agreement shall be effective after execution by both parties and
shall expire on December 31, 2009, unless administratively extended in writing as
provided for herein, The Ashland City Administrator may extend this Agreement twice,
by twelve (12) months each extension, by indicating in writing to Klamath County that
an extension of the A9reement is sought under the same terms and conditions, of this
Agreement. Provided however, that the rate of compensation set forth in paragraph 4
below is subject to any cost of living increase paid the applicable City of Ashland
Building Department staff for the extension period. The extension shall be effective
only upon receipt of a document from an authorized Klamath County representative
consenting to the extension under the same terms and conditions
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
Intergovernmental Agreement for
Building Inspection Services
Page I of5
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
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 $75,00 per hour, not to exceed $25,000 for the initial contract
term. 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 Y, 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 279B.220, 279B.230, and 279B.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 may be terminated by
mutual consent by both parties; or by either party at any time, 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
Intergovernmental Agreement for
Building Inspection Services
Page 2 of5
- ..
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
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: Martha Bennett 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
Intergovernmental Agreement for
Building Inspection Services
Page 3 of5
. -
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,
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, ASSIGNMENT/DELEGATION., 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.
Intergovernmental Agreement for
Building Inspection Services
Page 4 of5
J " .,....."
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 ft day of \..f'YLif ' 2009,
Klamath County, Oregon
Dated this I ~ of
?/Y)(j 2009
BOARD OF COUNTY COMMISSIONERS
~ .
. 1.~
CHERYL UKILL, COMMISSIONER
ATTEd! k-/-f/l
Recording Secretary
Out of Office Today
JOHN ELLIOTT, CHAIR
Approved as to Form:
By:
J
Approved as to Form:
~R#
Intergovernmental Agreement for
Building Inspection Services
Page 5 of5
Community Development Department
: IGA for Klamath County
Please sign return a signed copy to Klamath County Building our address is
305 Main Street, Klamath Falls OR 97601, attn: Stephanie Brown
1/
L.---'
Stephanie Brown
Manager of Klamath County Community Development
541.883-4216
\O~ ~pr
. \\~ ~
VJ~'
(Y'
eP~)
" :1.
1
"i<h
KLAMATH COUNTY
Fiscal Services Department
Treasurer' Tax Collector' Payroll' Budgel . ConlraCliog . Granl Admini:m,uion . Purchasing' MaillCourier
305 Main Street' Government Cenle~' PO Bo\ 340' Klamath Falls. Oregon 97601
RECEIVED
JUN 04 1009
June 3, 2009
City of Ashland
Attn: Martha Bennett, City Administrator
20 East Main Street
Ashland, OR 97520
RE: IGA with Klamath County for Services of Qualified Building Inspectors
Dear Ms. Bennett:
Enclosed is an originallGA for the project stated above, approved and signed by the
Klamath County Board of Commissioners, Please return a fully signed original to
me at the address below for our records.
Bonnie Grant, Financial Assistance Administrator
Klamath County Finance
305 Main Street, Room 230
Klamath Falls, OR 97601
Thank you, and if you have any questions, please do not hesitate to call me at (541)
883-4299.
Sincerely ,
B~xJC:1
W
\ O~ ''\Y~ /
:'\ if'
\sJ\\ J-rr
-{'
(\11]\
o
Bonnie Grant
Contract/Grant Specialist
Enclosure(s)
Mike Long, Treasurcrrrax Collector/Fiscal Services Manager (541) 883-4269 *email: mlone.wico.klamalh.or.us
Bonnie L Grant, Contract/Granl Specialist'" (54]) 883-4299 '" email: bgrantrliko.k1amalh.oLus
TreasurerfBudgel (541) 883-4269' Assistant Finance Direclor (541) 883~202' Tax ColleclOr (541) 883-4297
Accounts Payable (541) 883-4268 . Payroll (541) 883-4268 . ComractlGram Adminislrluion (5.J I) 883-4299 . Purchasing IMaiIlCourier(5.J I) 883-5 138