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Res 1892 - Intergovernmental Agr MC Plumbing and Electrical SupportCOUNCIL BILL NO. 2721 RESOLUTION NO. 1892 A RESOLUTION ENTERING INTO AN INTERGOVERNMENTAL AGREEMENT WITH MARION COUNTY FOR PLUMBING AND ELECTRICAL PROGRAM SUPPORT AND AUTHORIZING THE INTERIM CITY ADMINISTRATOR TO SIGN SAID AGREEMENT. WHEREAS, the City has established a local building inspection program consistent with the requirements of state law; and WHEREAS, in conjunction with the City's program, Marion County provides plumbing and electrical inspection services to the City; and WHEREAS, in order to memorialize the City's relationship with Marion County for the processing of plumbing and electrical permits, it is necessary to enter into an intergovernmental agreement; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into an intergovernmental agreement, a copy of which is affixed hereto as Attachment "A" and by this reference incorporated herein, with Marion County for plumbing and electrical program support. Section 2. That the Interim City Administrator is authorized to sign said agreement on behalf of the City. Approved as to form: �� J �► �`�� `� 2�? City Attorney 11--*" ,___Da Approved: Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: a- -Z � Mary T ant City Recorder City of Woodburn, Oregon Page 1 - COUNCIL BILL NO. 2721 RESOLUTION NO. 1892 bthrj n Figl May 18 �J May 14, 2008 Mav 14, 2008 May 14, 2008 INTERGOVERNMENTAL AGREEMENT BETWEEN MARION COUNTY AND THE CITY OF WOODBURN FOR PLUMBING AND ELECTRICAL PROGRAM SUPPORT This Agreement is made, pursuant to ORS 190.003 to 190.110, between Marion County a political subdivision of the State of Oregon, hereinafter called "County", and the City of Woodburn, a municipal corporation of the State of Oregon, hereinafter called "City". 1 CITY OBLIGATIONS 1.1 Provide computer access to the County Building Inspection Database. 1.2 Receive plumbing and electrical permit applications with payment on behalf of the County, enter required data into the County database, and issue permits by computer as required. 1.3 Verify that the applicant is properly licensed to perform the permitted work. 1.4 Forward the original signed copy of the permit to the County. 1.5 Notify applicant of the Automated Inspection Services phone number and the correct inspection codes. 1.6 Submit payment to the County within fifteen (15) days after receiving monthly invoices. Payments shall be submitted to: Building Official Marion County Building Inspection 555 Court Street NE PO Box 14500 Salem, OR 97309-5036 Phone 503-588-5147 Fax 503-588-7948 1.7 Retain 10% of the permit fee revenue to offset the clerical support functions listed above. 2 COUNTY OBLIGATIONS 2.1 Provide permit application forms and automated inspection service guides. IGA Plumbing and Electrical Program Support Page 1 2.2 Create an issued permit file. 2.3 Perform all required inspections and record them in the permit file. 2.4 Sign off on the City permit card when posted and available at the job site. 2.5 Submit billings and invoices to the City, on a monthly basis, for all issued permits. 2.6 Provide computer training to electronically process permit applications. 2.7 Remit Oregon State Surcharge to the State of Oregon for issued permits. 2.8 Submit all invoices, billings and reports to: Building Official City of Woodburn 270 Montgomery Street Woodburn, OR 97071 Phone 503-982-5250 3 GENERAL OBLIGATIONS 3.1 Each party shall be solely liable for third party claims arising from the actions of that party's officers, employees and agents. 3.2 The City shall agree to defend, indemnify, and hold harmless the County, its officers, agents, and employees from damages arising out of the tortious acts of the City, its officers, agents, and employees acting within the scope of their employment and duties in performance of this agreement subject to the limitations and conditions of the Oregon Tort Claims Act, ORS 30.260 through 30.300, and the Oregon Constitution, Article X1 Section 7. Likewise, the County shall agree to defend, indemnify, and hold harmless the City, its officers, agents, and employees from damages arising out of the tortious acts of the County, its officers, agents, and employees acting within the scope of their employment and duties in performance of this agreement subject to the limitations and conditions of the Oregon Tort Claims Act, ORS 30.260 through 30.300, and the Oregon Constitution, Article X1 Section 7. 3.3 When the parties share supervision and control over a project, each party shall be liable for third party claims arising out of the actions of its officers, employees and agents. IGA Plumbing and Electrical Program Support Page 2 Nothing in this agreement shall be deemed to limit the right of either party to make a claim against the other party for damages and injuries incurred by one party as a result of the actions of the other party's officers, agents and employees. This agreement represents the entire integrated understanding of the parties. This agreement may be amended only in writing, executed with the same formalities as the agreement itself. This agreement may be terminated or renegotiated with thirty (30) days' written notice by either party to: For the City: City Administrator City of Woodburn 270 Montgomery Street Woodburn, OR 97071 Phone 503-982-5228 For the Cou Building Official Marion County Building Inspection 555 Court Street NE PO Box 14500 Salem, OR 97309-5036 Phone 503-588-5147 Fax 503-588-7948 This Agreement shall become effective on the date upon which every party has signed this Agreement. This Agreement shall expire on January 1, 2015 unless agreed to by both parties to extend. IGA Plumbing and Electrical Program Support Page 3 IN WITNESS WHEREOF, the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. MARION COUNTY Recommended By: Director of Public Works Date APPROVED AS TO FORM: Contracts Compliance Analyst Date APPROVED AS TO FORM: Legal Counsel Date BOARD OF COMMISSIONERS: Chair Date Commissioner Date Commissioner Date CITY OF WOODBURN City Administrator Date IGA Plumbing and Electrical Program Support Page 4