Res 2039 - IGA with Marion County re: permit issuance and inspectionsCOUNCIL BILL NO. 2945
RESOLUTION NO. 2039
A RESOLUTION RENEWING AN INTERGOVERNMENTAL AGREEMENT WITH MARION
COUNTY FOR THE COORDINATION OF PERMIT ISSUANCE AND INSPECTIONS AND
AUTHORIZING THE 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 continue the City's relationship with Marion County
for the processing of plumbing and electrical permits, it is necessary to enter into
a new intergovernmental agreement; NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into a new intergovernmental
agreement, a copy of which is affixed hereto as Attachment "A" and by this
reference incorporated herein, with Marion County for the coordination of
permit issuance and inspections.
Section 2. That the City Administrator is authorized to sign said agreement
on behalf of the City.
Approved as to form: / l . i U //� 2
City Attorney /' Dat
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Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
Page 1 - COUNCIL BILL NO. 2945
RESOLUTION NO. 2039
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ATTEST:
Heather Pierson City Recorder
City of Woodburn, Oregon
Page 2- COUNCIL BILL NO. 2945
RESOLUTION NO. 2039
Attachment A
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF WOODBURN AND
MARION COUNTY FOR THE COORDINATION OF PERMIT ISSUANCE AND
INSPECTIONS REGULATED BY THE STATE OF OREGON BUILDING CODES
This Permit Coordination Intergovernmental Agreement for coordination of the issuance
of permits and inspections regulated by the State of Oregon Plumbing and Electrical
Codes ("Permit Coordination IGA") is effective upon the date of the last signature
below, and is by and between the City of Woodburn ("City") and Marion County
("County").
RECITALS:
A. ORS chapter 190 authorizes governmental entities such as County's and City's to
enter into written agreements for the performance of any or all functions and activities
that either entity has the authority to perform on its own.
B. The State of Oregon has promulgated uniform state building codes, including the
Oregon Electrical Specialty Code and the Oregon Plumbing Specialty Code.
C. Building codes administration of the plumbing and electrical programs within the City
has been delegated to the County by the Oregon Department of Consumer and
Business Services as authorized by ORS 455.148
AGREEMENT:
Now therefore it is mutually agreed to as follows:
(1) Applications and Permits
a) The City agrees that the County will provide plumbing and electrical codes
reviews and inspections within the incorporated boundaries of the City. It shat'
be the responsibility of the County to perform all required plumbing and
electrical codes inspections and plumbing and electrical codes plan reviews
and other duties as outlined in this Agreement. The City agrees that it will
issue no plumbing or electrical permits nor cause any plumbing or electrical
inspections to be made that are required by the building codes except through
this Agreement.
b) The City agrees to provide the County with approved street names and
address assignments.
c) The City shall determine the completeness of an application before accepting.
To be considered complete, an application must include that information listed
in the Marion County Policy / Procedure manual for the type of application
being submitted.
(2) Fee Collection and Disbursement. The City and County agree that fees shall be
paid and distributed according to the following:
a) Fees charged in the City and due to the County shall be the same as those
charged by the County for work in the unincorporated areas of the County.
Permit Coordination IGA - Woodburn Online Page 1 of 5
Attachment A
b) The County agrees that the City will receive ten percent (10%) of the adopted
permit fees collected by the City for electrical and plumbing permits, for the
purpose of off -setting the cost of providing administrative services, and to be
reserved as a sinking fund, to establish, maintain, and appropriately upgrade
necessary equipment for computerized tracking, processing, and record
keeping of all permits. This ten percent (10%) shall be payable to the City for
those permits processed by the City.
c) The City agrees that the County shall be paid for said services by remitting to
the County, ninety percent (90%) of the adopted permit fees collected by the
City on behalf of the County for state building codes administration.
d) The remaining permit inspection fees, plan review fees, and the state
surcharge fees shall be forwarded to the County.
e) The County shall be responsible for providing the City, on a monthly basis an
invoice with detailed and summary reports accounting for all fees collected for
permits and/or permit applications for work within the City. The City shall
submit payment to the County within thirty (30) days.
(3) Termination
The term of this Agreement is indefinite and shall continue until terminated by
either of the parties.
(4) Repeal
All prior agreements between the City and the County relating to issuance of
plumbing and electrical permits are null and void.
(5) Compliance with Statutes and Rules
The County and the City agree to comply with the provisions of this Agreement
and all applicable federal, state, and local statutes and rules.
(6) Modification of Agreement
Any alterations, variations, modifications or waivers of provisions of this
Agreement shall be valid only when they have been submitted in writing and
approved by the County and the City.
(7) Civil Rights Rehabilitation Act Americans with Disabilities Act, and Title VI of the
Civil Rights Act.
Both the City and County agree to comply with the Civil Rights Act of 1964, and
1991, Americans with Disabilities Act of 1990, and Section 504 of the
Rehabilitation Act of 1973, and Title VI as implemented by 45 CFR 80 and 84
which states in part, no qualified person shall on the basis of disability, race, color,
or national origin be excluded from participation in, be denied the benefits of, or
otherwise be subjected to discrimination under any program or activity which
received or benefits from federal financial assistance.
(8) Indemnification and Insurance
Permit Coordination IGA - Woodburn Online Page 2 of 5
Attachment A
a) The City shall agree to defend, indemnify and hold harmless the County, its
officers, agents, and employees from damages arising out of the tortuous 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 XI, 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 tortuous 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 XI, Section 7.
b) The County, pursuant to applicable provisions of ORS 30.260 to 30.300,
maintains a self-insurance program which provides property damage and
personal injury coverage.
c) The City shall obtain and maintain at all times during the term of this contract,
workers' compensation insurance with statutory limits and employers' liability
insurance. The City shall provide the County with evidence that it is a carrier -
insured or self-insured employer in full compliance with the requirements of
ORS Chapter 656, or that it employs no person subject to the requirements of
ORS 656, Workers' Compensation Coverage.
d) The City and the County agree that there is no relationship under this
Agreement except as specified herein. The County exercises no control over,
is not responsible for the act of, and assumes no specific responsibilities to or
for officers, employees or agents of the City, or the public in general, except as
specified in this Agreement. The City exercises no control over, is not
responsible for the act of, and assumes no specific responsibilities to or for
officers, employees or agents of the County, or the public in general, except as
specified in this Agreement.
(9) Wages
Neither the City nor the County shall employ any person performing work under
this Agreement for more than ten hours in any one day, or forty (40) hours in any
one week, except in cases of necessity, emergency, or where the public policy
absolutely requires it. The City and the County shall pay all individuals performing
work for the City and the County under this contract, at least time -and -a half pay:
a) For all overtime in excess of eight (8) hours a day or forty (40) hours in any
one week when the work week is five (5) consecutive days, Monday through
Friday; and
b) For all overtime in excess of ten (10) hours a day or forty (40) hours in any one
week when the work week is four (4) consecutive days, Monday through
Friday; and
c) For all work performed on Saturday or Sunday and on any legal holiday
specified in ORS 279.334.
Permit Coordination IGA - Woodburn Online Page 3 of 5
Attachment A
The City and County must give notice to employees who work on public contract
in writing, either at the time of hire or before commencement of work on the
contract, or by posting a notice in a location frequented by employees, of the
number of hours per day and days per week that the employees may be required
to work.
If this contract is for personal services as defined in ORS 279.051, the City and
County shall pay all individuals performing personal services under this contract at
least time -and -a -half for all overtime worked in excess of 40 hours in any one
week, except for individuals who are excluded under ORS 653.010 to 653.261 or
under 29 USC sections 201-209, from receiving overtime. If this contract is for a
public work subject to ORS 279.348 to 279.262 or the Davis -Bacon Act (40USC
276a), the City and County agree to abide by the provisions of ORS 279.350 or 40
USC 276a, whichever is applicable.
(10) Savings Clause
Should any section or portion thereof of this Agreement be held unlawful and
unenforceable by any court of competent jurisdiction or upon mutual agreement of
the parties, such decision shall apply only to the specific section or portion thereof,
directly specified in the decision. Upon issuance of such a decision, the parties
agree immediately to negotiate a substitute, if possible, for the invalidated section
or portion thereof.
DATED this day of 120
MARION COUNTY CITY OF WOODBURN
Director of Public Works
APPROVED AS TO FORM:
Date
Marion County Contracts Date
Marion County Legal Counsel Date
Mayor Date
City Administrator Date
APPROVED AS TO FORM:
City Attorney
Date
Permit Coordination IGA - Woodburn Online Page 4 of 5
Attachment A
APPROVED BY:
Commissioner Date
Commissioner Date
Commissioner Date
Permit Coordination IGA - Woodburn Online Page 5 of 5