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HomeMy WebLinkAbout2011-256 IGA - Bldg Inspection - Medford t, t INTERGOVERNMENTAL AGREEMENT FOR BUILDING INSPECTION SERVICES This agreement, hereinafter referred to as "Agreement ", is made and entered into by, and between, the City of Ashland, herein after referred to as "Ashland", and City of Medford, herein after referred to as "Medford". STATUTORY AUTHORITY 1. In accordance with and pursuant to the provisions of ORS Chapter 190, entitled "INTERGOVERNMENTAL COOPERATION", Ashland is authorized to jointly provide for tha 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, Medford certifies that it meets the above criteria for eligibility for such cooperation with the Ashland. 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. RECITALS 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. Ashland and Medford require the services of qualified building inspectors for the performance of routine building code inspections; and 3. Ashland and Medford employ inspectors with the particular training, ability, knowledge and experience to meet the needs of each jurisdiction. 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. 2. COOPERATION AND SERVICES TO BE SHARED a. Ashland Responsibilities: 1) Ashland shall make available to Medford, Building Department personnel with the qualifications and state certifications necessary to perform the inspection and or plan reviews as requested by Medford. Inspectors shall be made available on those dates and at those times as are mutually agreed upon between the Ashland Building Official and the Medford Building Official. A statement of work is contained in Exhibit A attached hereto and made a part hereof by this reference. Ashland Inspectors providing services to the Medford pursuant to this Agreement shall have all jurisdiction, authority, powers, functions, and duties of the Medford Inspectors with respect to any and all violations of State Laws and City of Medford Ordinances. b. Medford Responsibilities: 1) Medford shall make available to the Ashland, Department personnel with the qualifications and state certifications necessary to perform the inspection and plan reviews as requested by Ashland. Inspectors shall be made available on those dates and at those times as are mutually agreed upon between Medford 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. Medford Inspectors providing services to the Ashland pursuant to this Agreement shall have all jurisdiction, authority, powers, functions, and duties of Ashland Inspectors with respect to any and all violations of State Laws and City of Ashland Ordinances. 3. APPOINTMENT FOR FUNDING a. Ashland shall promptly reimburse the Medford 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 per year for the initial contract term. b. Medford shall promptly reimburse 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, not to exceed $10,000 per year for the initial contract term. 4. PERSONNEL. No employees will be formally transferred pursuant to this Agreement. Ashland and Medford will continue to pay their own employees and shall keep accurate records of hours worked pursuant to this Agreement. Ashland and Medford 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 Ashland or Medford. 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 there from. Provided; however, that neither parry shall be required to indemnify the others for any claim, loss or liability arising solely out of the wrongful act of the other's 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 September 30, 2013 or until earlier terminated as provided herein. 8. TERMINATION a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. Parties' Convenience. This contract may be terminated at any time 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 Ashland or Medford, or at such later date as may be established by the Ashland or Medford, under any of the following conditions: 1) If any license or certificate required by law or regulation to be held by Ashland or Medford 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 Ashland or Medford 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 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 parry 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 responsible party who initiated this action 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: City of Ashland City of Medford Community Development Dept. Building Safety Division 51 Winburn Way 200 S Ivy, Room 277 Ashland, Oregon 97520 Medford, Oregon 97501 Attn: Carolyn Schwendener Attn: Christy Taylor Phone: 541-488-5305 Phone: 541- 774-2350 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 parry, 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. CIT OF MEDFORD REGON CITY OF ASHLAND OREGON Y G K heAl er Date John Stromberg Date Mayor Mayor Approve As to Legal Sufficiency: Approve As to Legal Sufficiency: Medford City V rney Ashland City Attorney 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. City of Medford CITY OF ASHLAND OREGON Bill Hoax Date Qohb Stromberg V Date jnj@66 City Manager or Approve As to Legal Sufficiency: Approve As to Legal Sufficiency: J"X2C-- Medford City Attorney 4and City—Attorney i 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 the City of Medford and the City of Medford 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 City of Medford: 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 Medford). Return Inspection Report Form with correction notes to Medford 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 plan review(s) as requested by Medford. 8. Provide to Medford 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 Medford: 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. r B. The City of Medford shall: When performing site built inspections for City of Ashland: 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 Ashland). Return Inspection Report Form with correction notes to Ashland 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 plan review(s) as requested by Ashland 8. Provide to Ashland 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 Ashland: 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.