2003-937-Minutes for Meeting June 09,2003 Recorded 6/11/2003DESCHUTES COUNTY OFFICIAL RECORDSNANCY
COMMISSIONERS' JOURNALNTY CLERK 1�rJ 1003■937
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2003-000x37
DESCHUTES COUNTY CLERK
CERTIFICATE PAGE
This page must be included
if document is re-recorded.
Do Not remove from original document.
Deschutes County Board of Commissioners
1130 NW Harriman St., Bend, OR 97701-1947
(541) 388-6570 - Fax (541) 388-4752 - www.deschutes.orc
MINUTES OF WORK SESSION
DESCHUTES COUNTY BOARD OF COMMISSIONERS
MONDAY, JUNE 99 2003
Commissioners' Hearing Room - Administration Building
1130 NW Harriman St., Bend
Present were Commissioners Dennis R. Luke and Michael M. Daly; Commissioner
Tom De Wolf was out of the office. Also present were Mike Maier, County
Administrator; Roger Kryzanek, Mental Health Department; Elaine Severson,
Health Department; Susan Ross and Anna Johnson, Commissioners' Office; Tom
Blust and George Kolb, Road Department; Sue Brewster, Sheriff's Office; Dan
Sherwin, Road Department; George Read, Catherine Morrow and Jon Skidmore,
Community Development Department; Rick Isham and Laurie Craghead, Legal
Counsel; a representative of the Bend Fire Department; media representatives
Barney Lerten of bend. com and Chris Barker of the Bulletin; and no other citizens.
Chair Luke opened the meeting at 10:00 a.m.
1. Before the Board was Citizen Input.
None was offered.
2. Before the Board was a Discussion and Consideration of Signature of
Document No. 2003-120, an Intergovernmental Agreement with Lane
County to Provide Methadone Treatment to Oregon Health Plan Members.
Roger Kryzanek explained that this is a new contract (replacing the CODA
contract). The work was started earlier in the year, but counsel from both
entities have been reviewing the document. This is a required service; and Lane
County has the closest treatment site available. Although controversial, it does
help reduce the instance of criminal behavior and the spread of STD's.
Minutes of Board of Commissioners' Work Session Monday, June 9, 2003
Page 1 of 7 Pages
DALY: Move approval.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Yes.
3. Before the Board was a Discussion and Consideration of Signature of
Document No. 2003-123, an Intergovernmental Agreement between
Deschutes County and the Child Development and Rehabilitation Center,
Oregon Health & Science University, Extending the Program through
June 30, 2004.
Elaine Severson said that this is a renewal, with an anticipated 3% increase that
has been budgeted accordingly.
DALY: Move approval.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Yes.
4. Before the Board was a Discussion and Consideration of Signature of
Document No. 2003-124, a Service Contract with Dynamic Imaging
Systems, Inc., and Sub -agreements with the Bend Police Department, the
Redmond Police Department, the Deschutes County District Attorney's
Office and the Deschutes County Parole & Probation Department
(Documents No. 2003-125, 2003-126, 2003-127 and 2003-128) regarding an
Imaging (Mugshot) Replacement System.
Sue Brewster stated that the sub -agreements be in place before the service
contract was approved. However, the agreement needs to be signed before the
sub -agreements can be ratified.
DALY: Move approval of Document No. 2003-124.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Yes.
Minutes of Board of Commissioners' Work Session Monday, June 9, 2003
Page 2 of 7 Pages
DALY: Move approval of Documents 2003-125 and 2003-126.
LUKE: Second.
5. Before the Board was a Discussion and Consideration of the Acceptance of
Additional Grant Funds from the Oregon State Weed Board.
This item has been delayed.
6. Before the Board was a Discussion of a Public Hearing (Scheduled for
Wednesday, June 11) on a Land Exchange between Deschutes County and
the Baldwin Herndon Oregon Trust.
Catherine Morrow said that a hearing is required by statute for the exchange of
land. There is no anticipated testimony, except perhaps Attorney Bob Lovlien
may attend on behalf of the Trust.
7. Before the Board was a Decision regarding the Inclusion of Property in the
Hearings Officer's Decision (Land Use Files TA -02-13 and ZC-02-5, a Zone
Change, Applicant: Demaris; Property Located in Ahern Acres Subdivision,
La Pine).
This item will be addressed on Wednesday, June 11.
8. Before the Board was a Discussion and Consideration of the Selection and
Award of a Recipient to Receive State Community Dispute Resolution
Program Funding for Fiscal Year 2003-04.
Susan Ross said that the Board participated in the development of the state
program; this is awarded biennially, in the amount of $36,000. Only one local
entity is qualified — Community Dispute Resolution Services.
DALY: Move approval.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Yes.
Minutes of Board of Commissioners' Work Session Monday, June 9, 2003
Page 3 of 7 Pages
9. Before the Board was a Discussion and Consideration of Approval, by
Emergency, of Ordinance 2003-023, Making Minor Changes to Language
Contained in the Ambulance Service Area Ordinance and Plan.
Susan Ross gave an overview of the ordinance. All counties are required to
have this plan in place, and every square inch of every county must be covered.
The advisory committee consists of nine members who meet as needed; they
recently got together, and are recommending some minor changes to the
ordinance. The proposed changes follow.
Chapter 8.30.035 — Advisory Committee.
The committee is recommending that the requirement for an ambulance service
medical director be deleted, since there is already an emergency services
director on the committee. They also recommend that the public member
requirement be changed to an "open" position, since it is difficult to find a
member of the public with some knowledge of this field who is not associated
with one of the service providers.
Chapter 8.30.060 — Franchise Terms and Renewals.
This has been set for three years, and the committee is asking that this be
changed to five years. There are no private franchisees; all are tied to existing
fire districts. This is required, to allow for competition.
Ambulance Service Area Plan.
The committee is requesting that item V. 9 be added and defined, regarding
non -emergency transports. The State requires a formal statement regarding the
definition of a stable patient, response times, and whether the area is rural,
suburban, urban or frontier.
This item will be addressed on Wednesday, June 11.
10. Before the Board was a Discussion and Consideration of the Selection and
Award of Franchise Ambulance Providers, through June 30, 2004.
Susan Ross explained that there are a total of eight franchisees. Their
information has been reviewed by the committee, which has recommended the
approval of all of the providers. They are all tied to fire districts except for a
portion of Harney County.
This item will be addressed on Wednesday, June 11.
Minutes of Board of Commissioners' Work Session Monday, June 9, 2003
Page 4 of 7 Pages
11. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2003-054, Transferring Appropriations within Funds of the
Deschutes County Juvenile Community Justice Budget for Fiscal Year
2002-03, and Directing Entries.
DALY: Move approval.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Yes.
12. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2003-058, Transferring Appropriations within Various
Funds of the Deschutes County Budget for Fiscal Year 2002-03, and
Directing Entries.
DALY: Move approval.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Yes.
13. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2003-060, Transferring Appropriations within Funds of the
Deschutes County GIS and Personnel Budget for Fiscal Year 2002-03, and
Directing Entries.
DALY: Move approval.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Yes.
14. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2003-061, Transferring Appropriations within Funds of the
Deschutes County Personnel Budget for Fiscal Year 2002-03, and Directing
Entries.
Minutes of Board of Commissioners' Work Session Monday, June 9,.2003
Page 5 of 7 Pages
DALY: Move approval.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Yes.
15. Before the Board was a Discussion and Consideration of Signature of
Resolution No. 2003-062, Transferring Appropriations within Various
Funds of the Deschutes County Fiscal Year 2002-03 Budget, and Directing
Entries.
DALY: Move approval.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Yes.
16. Before the Board was a Discussion and Consideration of Signature of
Order No. 2003-067, Transferring Cash Among Various Funds, as
Budgeted in the Deschutes County Budget for Fiscal Year 2002-03, and
Directing Entries.
DALY: Move approval.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Yes.
17. Before the Board were Additions to the Agenda.
Rick Isham explained that in reviewing the current ordinance for the Local
Contract Review Board, state law has changed and the County needs to adopt
an ordinance adopting that change. The change was imposed the Attorney
General's model rules. This will eliminate any possible confusion, and requires
an update every two years.
DALY: Move first and second reading, by title only, of Ordinance No. 2003-
018.
LUKE: Second.
Minutes of Board of Commissioners' Work Session Monday, June 9, 2003
Page 6 of 7 Pages
Commissioner Luke then did the first and second readings of Ordinance No.
2003-018, by title only, declaring an emergency.
DALY: Move approval.
LUKE: Second.
VOTE: DALY: Yes.
LUKE: Yes.
Being no further items brought before the Board, Chair Luke adjourned the
meeting at 10:45 a.m.
DATED this 9th Day of June 2003 for the Deschutes County Board of
Commissioners.
Dennis R. Luke, Chair
Tom DeWolf, Commissioner
ol ZY
0,A -
ATTEST: ae M.aly, Commiss' ner
Recording Secretary
Attachment
Exhibit A: A copy of Intergovernmental Agreement #75-3-400, the State Department of
Consumer and Business Services; Document No. 2003-071
Minutes of Board of Commissioners' Work Session Monday, June 9, 2003
Page 7 of 7 Pages
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
INTERGOVERNMENTAL AGREEMENT No. 75-3-400
Page 1 of 4
This Agreement is between Deschutes County ("County") and the State of Oregon acting by and through
its DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, BUILDING CODES DIVISION
("Division"), and is made pursuant to ORS 190.003 through 190.010. Division's Contract Administrator
for this Agreement is Sarah L. Roth.
I. PURPOSE
The purpose of this Agreement is to ensure timely electrical inspections are performed in jurisdictions under the
Division's authority.
II. STATEMENT OF WORK
Through this Agreement the County agrees to perform "A, B and C" electrical inspections on behalf of the
Division.
A. The County shall:
I . Comply with all requirements and regulations of the ORS's and OAR'S pertaining to the
electrical program.
2. Provide State of Oregon certified/licensed inspectors.
3. Notify the Division whether or not an inspection can be performed within the same day of the
original request.
4. Perform inspection within 48 hours of original Division request.
5. Complete an Inspection Report Form provided by the Division for each inspection performed
by the County.
6. Provide identification upon entering a job site and the reason for the site visit.
7. Submit a copy of the inspection report to the Division within 48 hours of the inspection.
8. Comply with the inspection notification requirements of applicable ORS's and OAR'S.
8. Provide to the Division a monthly request for payment to be submitted with a detailed
spreadsheet listing date and location of inspection, type of inspection and inspection time spent.
B. The Division shall:
1. Provide all necessary forms.
2. Give a minimum of two days notice prior to an inspection.
3. Provide site locations, type of inspection needed, and permit number and information.
III. FINANCIAL MATTERS
A. The Division agrees to pay the County an amount not to exceed $10,000.00, paid at the rate of $65.00
per hour for electrical inspections.
Exhibit 9 -W
Page j of j' C- - 0 -
INTERGOVERNMENTAL AGREEMENT
No. 75-3-400
Page 2of4
1. This payment and any approved travel expenses (Section IV) shall be the sole monetary obligation of
the Division under this agreement, and the Division's obligation to pay is limited by the provisions of
Section XI, Termination.
2. Payment will be based upon the performance of electrical inspections performed by the County on
the Division's behalf.
3. Payment under the terms of this Agreement is separate from and in addition to the payments made
under any other existing Agreements between the County and the Division.
4. County shall not submit invoices for, and the Division will not pay for, any overtime accrued by
County employee's while performing tasks under this agreement.
B. The County agrees to submit final invoice for work completed under this agreement not later than 30
days after expiration date of this agreement.
C. All requests for payment shall be submitted to:
Building Codes Division
Attn: Sarah L. Roth
PO Box 14470
Salem, OR 97309-0404
D. All requests for payment shall include documentation described in Section IIA.8. to justify payment
under this agreement.
E. Compensation shall be made by Division within 30 days upon receipt of County's invoice.
F. The Division certifies that at the time the agreement is written that sufficient funds are available and
authorized for expenditure to finance costs of this agreement.
IV. TRAVEL AND OTHER EXPENSES
Travel expenses shall be reimbursed only in accordance with rules and rates approved by the State of Oregon,
Department of Administrative Services and in effect at the time the expense was incurred. Travel expenses are
included in the maximum, not -to -exceed, amount of this agreement.
A. Meal allowances will be reimbursed on a per diem basis and will be based on IRS Publication #1542,
Per Diem Rates for Oregon.
B. Lodging will be reimbursed for the actual cost up to the specified federal per diem lodging rates for the
locality. Reimbursement rates for lodging are not considered "per diem". Original receipts are required
and must be submitted for reimbursement.
C. Reimbursement rate for mileage will be the same as the Federal IRS rate and will change accordingly.
No mileage reimbursement will be paid for the use of motorcycles or mopeds. Mileage tabulation shall
be determined through the use of the State of Oregon Mileage guide.
V. RESPONSIBLE PARTIES FOR ADMINISTRATION
The primary organizations and officials responsible for conducting the administrative requirements of this
agreement are:
A. Division Contract Manager: Tom Phillips, Field Operations Section Manager
B. County Contract Manager: Dennis Perkins, Building Official
VI. NON-PERFORMANCE
Neither party shall be held responsible for delay or failure to perform when such delay or failure is due to fire,
flood, epidemic, strikes, acts of God or the public enemy, unusually severe weather, legal acts of public
Exhibit DC 2003-071
Page _�;k of -5-
INTERGOVERNMENTAL AGREEMENT
No. 75-3-400
Page 3 of 4
authorities, or delays or defaults caused by public carriers, which cannot be reasonably foreseen or provided
against. Either party may terminate the agreement, effective with the giving of written notice, after determining
such delays or failure will reasonably prevent successful performance in accordance with the terms of this
agreement.
VII. INSURANCE
Each party shall insure or self -insure and be independently responsible for the risk of its own liability for claims
within the scope of the Oregon Tort Claims Act (ORS 30.260 to 30.300).
VIII. NONDISCRIMINATION
The parties agree to comply with all applicable requirements of Federal and State civil rights and rehabilitation
statutes, rules and regulations in the performance of this agreement.
IX. COMPLIANCE WITH APPLICABLE LAWS
The parties agree that both shall comply with all Federal, State, and local laws and ordinances applicable to the
work to be done under this agreement. The parties agree that this agreement shall be administered and
construed under the laws of the State of Oregon.
X. AMENDMENTS
The terms of this agreement shall not be waived, altered, modified, supplemented or amended except by written
instrument signed by both parties. This agreement may be extended upon written amendment for a period not to
exceed two years from original expiration date. The Agreement maximum may be increased to reflect any
authorized extension period, but the total agreement maximum, including any extension periods, shall not
exceed 575,000.00.
XI. TERMINATION
This agreement may be terminated by mutual consent by both parties or by either party upon 30 days' notice, in
writing and delivered by certified mail or in person. Termination of this agreement shall not affect any
obligations or liabilities accrued prior to such termination.
XII. TERM OF AGREEMENT
This Agreement shall become effective on the date at which every party has signed this Agreement. This
Agreement shall expire unless otherwise terminated, or extended by amendment, on June 30, 2005.
XIII. LIMITATION.
This agreement is expressly subject to the debt limitation of Oregon counties as set forth in Article XI, Section
10, of the Oregon Constitution, and is contingent upon funds being appropriated therefore. In the event
sufficient funds are not appropriated for the payment of consideration required to be paid under this agreement,
and if State has no funds legally available for consideration from other sources, then either party may terminate
this agreement in accordance with Paragraph XI of this agreement. Any provisions herein, which would conflict
with law, are deemed inoperative to that extent.
Exhibit /-I
Page , -?_ of _
DC 2003-071
INTERGOVERNMENTAL AGREEMENT
XIV. PARTNERSHIP.
No. 75-3-400
Page 4 of 4
Neither party is, by virtue of this agreement, a partner or joint venturer in connection with activities carried out
under this agreement, and shall have no obligation with respect to the other party's debts or any other liability or
obligation of the other party of whatever kind or nature.
XV. AUDIT.
The Division reserves the right to audit, at the Division's expense, the County's compliance with the Electrical
Program, the terms of the contract and or the financial records.
XVI. NO WAIVER OF CLAIMS.
The failure by either party to enforce any provision of this agreement shall not constitute a waiver by that party
of that provision or of any other provision or provisions of this agreement.
XVII. ENTIRE AGREEMENT.
This agreement constitutes the entire agreement between the parties concerning the subject matter of this
agreement and supercedes any and all prior or contemporaneous negotiations or agreements among the parties,
if any, whether written or oral, concerning the subject matter of this agreement which are not fully expressed
herein. This agreement may not be modified or amended except by writing signed by all parties to this
Agreement.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
By:
Ib
Dennis R. Luke, Chair
By:
Tom DeWolf, ommissi er
By: , /,",/
Michael M. DalyC nissioner
Date: 61-3
ATTEST:
Recording Secretary
DEPARTMENT OF CONSUMER AND
BUSINESS SERVICES THROUGH ITS
BUILDING CODES DIVISION
By: Qtp�,�
an Fraser, Deputy Administrator
Date: '51a a- () 3
By: __a
0—,t�
DC ontr t Officer
Date:41 IA5
Exhibit A DC 2003-071
Page _ of _;
0
F : oe ODepartment of Consumer and Business Services
Yn
z 1 1 1 Building Codes Division
Theodore R. Kulongoski, Govemor 1535 Edgewater Street NW
859 PO Box 14470
Salem, OR 97309-0404
(503) 378-4133
FAX (503) 378-2322
TTY (503) 373-1358
http://www.oregonbcd.org
June 3, 2003
Deschutes County
Dennis Perkins
117 NW Lafayette Ave
Bend, OR 97701
Re: Intergovernmental Agreement (IGA) #75-3-400
Enclosed for your files is a fully executed copy of the IGA for A, B and C Electrical inspections.
If you have any questions or concerns feel free to contact me.
Sincerely,
Sarah L Roth
Building Codes Division
Business Services Manager
Contract Administrator
503.373.1258
sarah.l.roth @ state.or.us
cc: Tom Phillips, Field Operations Manager
contract file
Exhibit
Page < of