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HomeMy WebLinkAboutIdaho Division of Building Services Examiner ServicesINTERAGENCY PROFESSIONAL SERVICES AGREEMENT BETWEEN IDAHO DIVISION OF BUILDING SAFETY AND CITY OF MERIDIAN FOR COMMERCIAL AND RESIDENTIAL BUILDING PLANS EXAMINER SERVICES This INTERAGENCY PROFESSIONAL SERVICES AGREEMENT BETWEEN IDAHO DIVISION OF BUILDING SAFETY AND CITY OF MERIDIAN FOR COMMERCIAL AND RESIDENTIAL BUILDING PLANS EXAMINER SERVICES ("Agreement") is made and entered into this 2-V1day of June, 2018 ("Effective Date"), by and between Idaho Division Of Building Safety ("Contractor") whose address is 1090 East Watertower Street, Suite 150, Meridian, Idaho, and the City of Meridian ("City") whose address is 33 East Broadway Avenue, Meridian, Idaho. Contractor and City may hereafter collectively be referred to as "Parties." WHEREAS, Contractor is self-governing agency of the State of Idaho, having statutory authority under Idaho Code section 67-2601A to enter into contracts; and WHEREAS, Contractor has statutory authority under Idaho Code section 39-4107 to make building code inspections for a local jurisdiction upon request by an appropriate building official; and WHEREAS, the City is a municipal corporation created under the laws of the State of Idaho and is authorized by Idaho Code sections 39-4103 and 39-4116 to establish in its City Code building codes for the purpose of prescribing the standards of all structures constructed in its jurisdiction, and is further authorized by Idaho Code sections 50-301 and 39-4116 to enter into contracts for the purpose of implementing such codes; and WHEREAS, Idaho Code section 67-2332 provides authority to Idaho public agencies to contract to perform any governmental service, activity, or undertaking that each public agency entering into the contract is authorized to perform; and WHEREAS, it is the intent of the Parties that this Agreement shall supersede and replace all prior agreements, which become null and void July 2, 2018, based on the termination letter dated April 6, 2018, and related addenda between the Parties for the services described hereunder, including the September 22, 2015, Professional Services Agreement Between Idaho Division of Building Safety, Inc. and City of Meridian for Commercial and Residential Building Plans Examiner Services, and the August 8, 2017, First Amendment thereto; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, Contractor and the City hereby agree and contract as follows: I. RESPONSIBILITIES OF CONTRACTOR. A. Scope of Services. Contractor shall perform the necessary services and adhere in all respects to the service level expectations set forth in Exhibit A, Scope of Services, attached hereto and incorporated herein by reference. B. Contractor's Employees. Contractor's employees, designees, subcontractors, and delegees shall be bound by all of the terms and conditions of this Agreement, including the service level INTERAGENCY PROFESSIONAL SERVICES AGREEMENT FOR COMMERCIAL AND RESIDENTIAL BUILDING PLANS EXAMINER SERVICES PAGE I OF 12 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u n e 2 6 , 2 0 1 8 – P a g e 2 1 o f 2 4 6 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u n e 2 6 , 2 0 1 8 – P a g e 2 2 o f 2 4 6 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u n e 2 6 , 2 0 1 8 – P a g e 2 3 o f 2 4 6 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u n e 2 6 , 2 0 1 8 – P a g e 2 4 o f 2 4 6 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u n e 2 6 , 2 0 1 8 – P a g e 2 5 o f 2 4 6 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u n e 2 6 , 2 0 1 8 – P a g e 2 6 o f 2 4 6 U. Governing Law; Venue. This Agreement shall be governed and construed in accordance with the laws of the State of Idaho without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit, or proceeding between the City and Contractor that arises from or relates to this Agreement shall be brought and conducted solely and exclusively with the Fourth Judicial District Court of Ada County for the State of Idaho. Provided, however, if the claim must be brought in a federal forum, then it shall be brought and conducted exclusively within the United States District Court for Idaho. V. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. W. City Council Approval Required. This Agreement shall not become effective or binding until approved by the Meridian City Council. IN WITNESS WHEREOF, the parties cause this agreement to be executed as of the day and year first above. IDAHO DIVISION OF BUILDING SAFETY: --11-, -45:::L Chris Je , Administrator CITY OF MERID Tammy de Ye6rd, Mayor Attest: C•ily of ay E IDIAN- IDANO SEAL Clerk INTERAGENCY PROFESSIONAL SERVICES AGREEMENT FOR COMMERCIAL AND RESIDENTIAL BUILDING PLANS EXAMINER SERVICES PAGE 8 OF 12 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u n e 2 6 , 2 0 1 8 – P a g e 2 8 o f 2 4 6 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u n e 2 6 , 2 0 1 8 – P a g e 2 9 o f 2 4 6 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u n e 2 6 , 2 0 1 8 – P a g e 3 0 o f 2 4 6 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u n e 2 6 , 2 0 1 8 – P a g e 3 1 o f 2 4 6