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Res 1660 - Bldg Permit Agrmt COUNCIL BILL NO. 2356 RESOLUTION NO. 1660 A RESOLUTION ENTERING INTO AN INTERGOVERNMENTAL AGREEMENT WITH MARION COUNTY FOR PLUMBING AND ELECTRICAL PROGRAM SUPPORT. WHEREAS, the City of Woodburn 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 Mayor of the City of Woodburn is authorized to sign said agreement on behalf of the City. Approved as to form~' f""rr- ~ , \ - 0 - t. () 0 1 City Attorney Date APproved:~ Richard Jennings, M yor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: (Y\aJ.M~V\d- Ma~ ~~;ni City Recorder City of Woodburn, Oregon November 13, 2001 November 14, 2001 November 14, 2001 November 14, 2001 Page I - COUNCIL BILL NO. 2356 RESOLUTION NO. 1660 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 ATTACHMENT --A..- IIA Page --1...- of J.f- INTERGOVERNMENTAL AGREEMENT Between Marion County a political subdivision of the State of Oregon and City of Woodburn a municipal corporation of the State of Oregon for Plumbing and Electrical Program Support This agreement is made pursuant to ORS 190.003 to 190.110, between Marion County and the City of Woodburn, a municipal corporation of the State of Oregon. In consideration of the mutual obligations and benefits herein set forth, the parties agree as follows: 1. City of Woodburn Obligations 1.1 Provide computer access to the Marion County Building Inspection Database. 1.2 Receive plumbing and electrical permit applications with payment on behalf of the County, and enter required data into the County database and issue those permits by computer as required. 1.3 VerifY that the applicant is properly licensed to perform the work. 1.4 Forward the original signed copy of the permit to Marion County. 1.5 Notify applicant of the Automated Inspection Services phone number and the correct inspection codes. 1.6 Submit payment to Marion County within fifteen (15) days after receiving monthly InVOIces. Marion County Building Inspection 555 Court St NE P.O. Box 14500 Salem, OR 97309-5036 Page 1 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 IIA Phone (503) 588-5147 Fax (503) 588-7948 A T ATTACHMENT Page..b- of 1.5 Retain 10% of the permit fee revenue to offset the above clerical support functions. 2. Marion County Obligations 2.1 Provide permit application forms, automated inspection service guides. 2.2 Create an issued permit file. 2.3 Perform all required inspections and record them in the permit file. 2.4 Sign off the City of Woodburn Permit card when posted and available at the job site. 2.5 Submit billings and invoices to the City of Woodburn for all issued permits on a montWy basis. 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: John Brown, City Manager City of Wood bum 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 officer, employees and agents. 3.2 The City of Woodburn shall agree to defend, indemnity and hold harmless Marion County, its officers, agents, and employees from damages arising out of the tortuous acts of the City of Woodburn, 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 Page 2 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 ATTACHMENT~ page...12._ of ~ 30.260 through 30.300, and the Oregon Constitution, Article XI, Section 7. 11A Likewise, Marion County shall agree to defend, indemnify and hold harmless the City of Woodburn, 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. 3.3 When the parties share supervision and control over a project, each party shall be liable for third party claims arising from the actions of its officers, employees, and agents. Nothing in this agreement shall be deemed to limit the right of either party to make a claim against the other 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 directed to: John Brown, City Manager City ofW oodburn 270 Montgomery Street Woodburn, OR 97071 Phone (503)982-5250 Fax (503)982-5244 Marion County Building Inspection 555 Court St NE P.O. Box 14500 Salem, OR 97309-5036 Phone (503) 588-5147 Fax (503) 588-7948 This agreement shall expire on June 31, 2005 unless agreed to by both parties to extend. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as ofthe dates set forth below. Recommended by Marion County Building Inspection City ofW oodburn Page 3 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Craig O. Luedeman, Director Date Approved as to form: Marion County Legal Counsel Date Approved as to form: Contracts Officer Date Marion County Board of Commissioners Chair Commissioner Commissioner Page 4 of 4 ATTAC~ENT A Page ,of 4- 1lA Mayor Date City Legal Counsel Date City Manager Date