INTERGOVERNMENTAL AGREEMENT

BETWEEN THE CITY OF PORTLAND AND THE PORT OF PORTLAND

FOR FIRE CODE COMPLIANCE INSPECTIONS

 This Intergovernmental Agreement ("IGA") is made and entered into by and between the Port of Portland, a port district of the State of Oregon ("Port") and the City of Portland ("City"), on this ____ day of _____________, 2002.

RECITALS

The City is required to conduct regular fire code compliance inspections of facilities located at and around Portland International Airport ("Airport"). The Port owns and operates the Airport and has a staffed Airport Fire Department ("Port Fire"). The City has, therefore, agreed with the Port that it would save the City time and resources if Port Fire would perform fire safety compliance inspections of certain Airport facilities, on the City's behalf, on an every other two (2) year cycle, as authorized agents of the City. Port Fire has agreed to do so pursuant to the following:

AGREEMENT

The parties therefore agree as follows:

1.  AUTHORITY. This IGA between the Port and the City is entered into pursuant to authority granted in ORS Chapter 190.

2.  TERM. The term of this IGA is from ________________, 2002, until terminated by either party pursuant to Section 7.

3.  DEFINITIONS. Unless otherwise defined herein, capitalized terms used in this IGA shall have the meaning given to them in Chapter 31.90 Commercial Building Inspection Program, attached as Exhibit A.

4.  SCOPE OF IGA. In providing the inspection services Port Fire shall follow the schedule provided by the City and shall inspect the buildings indicated by the City. Exhibit B shows the buildings to be inspected as of the time this agreement is executed. Exhibit B may be amended, by the mutual agreement of the parties and without formal review and approval. Inspections shall be conducted by Port Fire every other two years beginning in July, 2002. When providing services Port Fire shall conduct each inspection in accordance with the written instructions provided by the City and with Chapter 31.90.

5.  RESPONSIBILITIES OF PARTIES. The responsibilities of the parties are as follows:

 5.1 Port Responsibilities. The Port shall be responsible to conduct the Periodic Inspections assigned to it pursuant to this IGA on a timely basis and in accordance with written instructions supplied to it by the City and Chapter 31.90. The Port will provide the City with a copy of each inspection report completed by it. The forms will be provided by the City.

 5.2. City Responsibilities. The City will be responsible for providing clear Periodic Inspection instructions and applicable training to Port Fire and for dealing with Business Owners on any compliance or noncompliance issues discovered by Port Fire during the Periodic Inspections. The City will also provide appropriate computer software access to the Port for the inspection record system. The City will provide inspection forms to Port Fire. The City will also be responsible for billing and collecting the $25.00 inspection fee, and any other applicable fees to be charged to all Business Owners whose Commercial Buildings are inspected by Port Fire. The City is responsible for code hearings and appeals.

6.  BILLING. The City will be responsible for billing all Business Owners whose facilities are inspected by the Port.

7.  TERMINATION. Either party may terminate this IGA for convenience, and without penalty, upon the giving of at least ninety (90) days written notice of its intention to terminate to the other party.

8.  ASSISTANCE. Port Fire will work under the direction of the City. The City will provide assistance as needed or requested by Port Fire.

9.  INSURANCE. The City will issue a Certificate of Self-Insurance, and will name the Port as an additional insured, to cover all acts, obligations, and responsibilities to be performed by either of the parties to this IGA. To the extent permitted by law, and subject to the following sentence, the City agrees to defend, indemnify and hold harmless the Port from any and all claims arising out of the Port’s performance of its obligations under this agreement. To the extent permitted by law, the Port agrees to defend, indemnify and hold harmless the City from any and all claims arising out of the performance of its obligations under this agreement if the claim arises out of Port performance that is in bad faith or willfully and or grossly negligent.

10.  ASSIGNMENT. No party shall assign any part of this IGA.

11.  SEVERABILITY. The parties agree that if any term of this IGA is declared by a court to be illegal or in conflict with any law, the validity of the remaining terms will not be affected.

12.  CONSIDERATION. In consideration for performing the inspection work that is the subject of this agreement the occupancies described in Exhibit B, and any amendment thereto, shall only be charged by the City a reduced, flat, inspection fee of $25, for the inspections performed by the Port pursuant to Portland City Code Section 31.90.090(A)5.a. All other fees shall remain the same and when the City performs inspections there will be no reduction in fees.

13.  NOTICES. The parties must send any notices required by this IGA through the United States mail, first class postage paid, or personally delivered, to the addresses below:

THE CITY  THE PORT      

City of Portland  Port of Portland

Portland Fire & Rescue  PO Box 3529

55 SW Ash St  Portland, OR 97208  

Portland OR 97204  Attn: Ken Cook

Attn: Fire Marshal  

14.  MODIFICATION OF AGREEMENT. No waiver, consent, modification or change of terms of this IGA shall bind either party unless it is made in writing, signed by both parties. Any such waiver, consent, modification, or change shall be effective only in the specific instances and for the specific purpose agreed to. A waiver of performance shall, under no circumstances, constitute a waiver of future performance.

15.  ENTIRE AGREEMENT. This IGA, including the Exhibits A and B attached hereto, constitutes the entire agreement between the parties. Except as otherwise provided in this agreement this IGA may be modified or amended only by the written agreement of the parties.

IN WITNESS WHEREOF, the parties hereto have caused this IGA to be executed on their behalf by their duly authorized representatives.