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2005-28-Minutes for Meeting January 11,2005 Recorded 1/14/2005DESCHUTES COUNTY OFFICIAL RECORDS NANCY BLANKENSHIP, COUNTY CLERK COMMISSIONERS' JOURNAL 01/14/2005 04:36:58 PM IIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIII III 2005-2 1 DESCHUTES COUNTY CLERK CERTIFICATE PAGE 6 This page must be included if document is re-recorded. Do Not remove from original document. Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF ADMINISTRATIVE LIAISON DESC14UTES COUNTY BOARD OF COMMISSIONERS TUESDAY, JANUARY 11, 2005 Commissioners' Conference Room - Administration Building - 1300 NW Wall St.., Bend Present were Commissioners Michael M Daly, Tom De Wolfand Dennis R. Luke. Also present were Mike Maier, County Administrator; and, for a portion of the meeting, Mark Pilliod, Laurie Craghead and Mark Amberg, Legal Counsel; Anna Johnson, David Givans and Susan Ross, Commissioners'Office; Debbie Legg, Personnel; and Mike Viegas, Risk Management. No representatives of the media or other citizens were present. The meeting began at 9.-25 a.m. 1. Discussion of a Request for Additional Personnel — Assessor's Office. After a brief discussion, the Board took action on this request. LUKE: Move approval. DALY: Second. VOTE: DALY: Yes. LUKE: Yes. DEWOLF: Chair votes yes. 2. Communications Update. Anna Johnson advised the Board that she is working on the Citizen Update newspaper insert, as well as redesigning the employee video. She has applied for public information office training through FEMA. Commissioner Luke suggested she attend media training offered through AOC in Salem on February 15. Minutes of Administrative Liaison Tuesday, January 11, 2005 Page I of 6 Pages She showed the Board a sample brochure from AOC that the County could use as a template; the brochure explains what the County does and how programs are funded. She will be refining it for the County 's use. She also presented a sample newspaper insert entitled, "Living with Fire". She suggested that a similar publication be developed that deals with a wide range of possible emergencies. Commissioner Luke advised her that she should talk with other agencies, as some of them are already producing similar public handouts. He asked that she attend upcoming Project Wildfire meetings, as all types of emergency situations, not just wildfires, are discussed. Ms. Johnson is currently working with the Health Department to refine the West Nile virus literature utilized last year. 3. Project Update. Susan Ross explained that a small strip of land off Norton Avenue was to be granted to the County as a part of the larger exchange of properties involving the Welcome Center. This parcel was left out of the exchange in error, and in order to complete the road access the County was issued a land use permit at a cost of $150. The State now wants to charge a monthly fee for use of the land that should have been granted to the County as part of the exchange. Commissioner Luke advised that Bob Bryant of ODOT should be contacted immediately to clear up this issue. Ms. Ross stated that all County buildings are on the access card system except Community Development. They need to have five doors included in the system at a cost of $20,000. The Commissioners agreed. Regarding the Board's pledge of $200,000 to CORHA (Central Oregon Regional Housing Authority) for the Horizon House project, CORHA will be requesting some of these funds in the near future. However, there is only $75,000 remaining in the business loan fund at this time. The Commissioners indicated that the necessary funds should be borrowed from the Mental Health fund, to be paid back as business loan revenue comes in. Minutes of Administrative Liaison Tuesday, January 11, 2005 Page 2 of 6 Pages 4. Other Items. Mike Maier stated that Joe Studer presented a proposal regarding the work to be done for Fire Free and Project Wildfire. Mr. Stutler is handling too many projects to deal with this work, and the County's grant writer, Judith Ure, is also extremely busy. Mr. Stutler suggested that Katy Lighthall, a consultant who is handling this work for the City of Bend and Deschutes County Rural Fire Protection District No. 2, be retained by the County as well. Mr. Maier said that an intergovernmental agreement between Deschutes County and District No. 2 could be drafted for Ms. Lighthall to cover these services. The funding could come from Title III dollars. Commissioner DeWolf asked why the County is being asked to fund 75% of the work, especially in view of the fact that the County would have no supervisory capability over the consultant. Commissioner Luke added that there are many other agencies involved in these efforts that could perhaps contribute an appropriate amount. The Board decided that $10,000 would be funded to cover this project through June 2005, and negotiations are to take place in the meantime regarding how funding would be handled in the future. The Board also stated that the consultant should report to Mr. Stutler so that the County has some control over the project. LUKE: Move approval of $10,000 towards this project, through June 2005, with the funding for future work to be negotiated. DALY: Second. VOTE: DALY: Yes. LUKE: Yes. DEWOLF: Chair votes yes. At this time the Board considered recent discussions at the City of Bend level regarding a fireworks ban. Commissioner DeWolf stated that he may not be at next week's Board meeting, and if the issue is discussed at that time, he wanted the other Commissioners to know he does not support a ban. He feels there is no way to enforce a ban at this time, due to lack of resources and staffing. Minutes of Administrative Liaison Tuesday, January 11, 2005 Page 3 of 6 Pages Mike Viegas joined the meeting to discuss several issues. The first was an update on a contracting policy, which in part will refine how insurance coverage is included by the other parties as needed. The department heads are concerned there will be extra work required, and he asked for Board support in his efforts to require and obtain the necessary insurance documents. He stated that in some cases the additional insured endorsement from the agent, naming the County as additional insured, may not be adequate. Some of these endorsements arrive with a disclaimer that the underlying policy may not cover the County even if the County is named as an additional insured. Mr. Viegas was asked to contact the State Insurance Commission to clarify this issue. Another problem is that the insurance policies seldom cover the same time frame as the contract, so the insurance could expire and the County would not know. The same problem exists if the policy is canceled without the County's knowledge. The goal is for payment not to be made to the vendor or other party until the contracting documents are complete. Often the department representative wants work to begin immediately even though the contract has not been signed or is missing backup documentation. This could be a huge liability issue for the County. Also, Finance hopes to be able to link to the contract documents so that they will not generate payment to a company unless a contract is in place. Mr. Viegas was instructed to draft a memorandum for the Board's signature, which will go to department heads and others, explaining the situation and the need for compliance. Mr. Viegas stated that he has told department heads he will be available next week to answer any questions they may have regarding this issue. He hopes the policy can be in place by February 1. In regard to ADA improvements, Mr. Viegas stated that Bob Pike, the consultant who is working with the County on these projects, has resigned from doing similar work for the City of Bend. Minutes of Administrative Liaison Tuesday, January 11, 2005 Page 4 of 6 Pages Mr. Viegas then presented information regarding a scoring system for drivers who use County vehicles or who drive as part of their work for the County. He plans to develop a policy in this regard in order to lessen the County's exposure, since at this time anyone with a driver's license is allowed to use County vehicles or drive while on County business. In regard to HIPAA, Mr. Viegas said that a second HIPAA review has been done. This needs to be finalized by April, and he would like to have the help of Information Technology to complete the work. He is also developing a notebook of the various forms and procedures to help those who work with HIPAA-related issues. David Givans then distributed a draft letter regarding indirect charges for the Board to review. The Commissioners will read it over and submit any suggested changes to Mr. Givans. Commissioner Luke advised the group that AOC representatives mentioned Deschutes County when discussing primary health care providers; they indicated that there could be additional liability to the County because of these services. Mr. Pilliod stated that the providers are required to provide errors and omissions insurance and malpractice insurance, as appropriate. Mr. Maier added that if these providers are determined to be agents of the County, they could fall under tort claim limits. Commissioner DeWolf asked that Legal Counsel discuss this issue with the Health and Mental Health Departments. After the executive session concluded, the Board took action asfollows. LUKE: Move that the County deny Ms. Halpin's Step III grievance regarding the two overtime issues, as presented by Legal Counsel. DALY: Second. VOTE: DALY: Yes. LUKE: Yes. DEWOLF: Chair votes yes. Minutes of Administrative Liaison Tuesday, January 11, 2005 Page 5 of 6 Pages Being nofurther items addressed, the meeting adiourned at 10:40 a.m. DATED this 11th Day of January 2005 for the Deschutes County Board of Commissioners. ATTEST: Recording Secretary Tom DeWolf, Dennis R. Luke, Conimissioner Attachments Exhibit A: Additional Personnel Request (3 pages) Exhibit B: Services Contract Documents (36 pages) Exhibit C: Driver Scoring System Document (I page) Exhibit D: Internal Services Fund Decisions (regarding Indirect Charges) — Draft Memo (2 pages) Minutes of Administrative Liaison Tuesday, January 11, 2005 Page 6 of 6 Pages WIM :;A Assessor's Office < Scot Langton, Assessor 1300 NW Wall St, Suite 200 Bend, Oregon 97701 (541) 388-6508 FAX: (541) 330-4629 www.co.deschutes.or.us December 16, 2004 To: Mike Maier, Deschutes County Administrator From: Scot Langton, Deschutes County Assessor ADDITIONAL PERSONNEL REQUEST 2004-2005 Fiscal Year 1. Department: Assessor Division: Appraisal and Cartogrqp 2. Position Requested: Assessment Tech II 3. Describe the need and function of the requested position. This new position would be 1/2 time working in the appraisal section assisting the sales analyst in reviewing, coding, and verifying sales to be used in the annual State required ratio report. By adding this 1/2 FTE it will free up the sales analyst from much of the clerical aspect of this job allowing the sales analyst to work more closely with the appraisers in valuing new land and identifying and assisting in the appraisal of problem areas. Current workloads for this section have been increasing each year and no additional staff has been added for over five years. FY2000-2001 FY2004-05 % New Bldg Permits 45129 4,874 118% Exhibit P� Page of The other 1/2 of this position would be working in the cartography section to process deeds that change property ownership for tax records. This will allow current senior staff in this section to assist in the mapping process on a part-time basis. This section has struggled to keep up with deed processing and mapping with the increases that the County has seen over the last five years, again with no increase in staff. The effects are that for FY03-04 we were more then 8 weeks behind on names changes at time of tax statement mailing which caused numerous problems and complaints from taxpayers. This section was able to get caught up for FY04-05 but at the expense of some mapping being set aside which caused us to start the work on the FY05-06 year with a backlog that we need to address as soon as possible. FY2000-2001 Deeds processed 121147 Maps worked 153 4. How many hours per week is this position? 172.67_ 5. Is this position: Yes regular, ongoing? temporary? 6. Will this position receive County benefits? Yes FY2004-05 % 165171 133% 198 129% 7. What is the source of funding for this position (i.e., general fund, grant, fee increases, etc)? How will the position be funded the following year? This position is funded through the General Fund with approximately 30% coming from the State Assessment and Taxation Grant which is based on a percentage of the budgeted expenses for the taxation and assessment functions. For FY04-05 funding for this position would come from monies that will not be spent due to employee turnover that replacements weren't immediately filled. Page -21 Of Anticipated ending year balance in Line item 00 1 -0200-419.17-04 $10,918 001-0200-419.17-03 $15�752 001-0200-419.18-75 $ 85262 Total $34,932 Funding for FY05-06 and on will be from the General Fund with approximately 30% from the Assessment and Taxation Grant. Additionally FY04-05 is the last year of the debt services payments of $205,858 per year for the new assessment and taxation software so this expense will not be incurred for FY05-06. Est. Increase to Budget FY04-05 FY04-05 Shifting Current New Assessment Tech Assessment to 1/2 Time GIS Tech Analyst (5 (5 months) months) Salary 10,142 1,734 Benefits 4,300 472 Equipment 500 - FY 04-05Total 14,942 2,207 17,149 Est. increase to FY05- 06 FY05-06 FY05-06 Shifting Current New Assessment Tech Assessment to 1/2 Time GIS Tech Analyst (12 (12 months) months) Salary 26,046 4,371 Benefits 18,300 1,191 Equipment 500 - FY05-06 Total 44,846 5,561 50,407 Exhibit Page 3 of Deschutes County Services Contract History — Why do we have agreements? a. Self -Insured Status b. Independent Contractors pay for their own liability c. Deschutes County will remain "deep pocket" for litigants i. Sample Contract - pgs.- 1- 13 2) ORS 30.270 a. Tort Claim Statutes capping liability i. Statute copy attached — pg. - 14 3) Exhibit 2 — Types of insurance required of contractors/ definitions a. Professional Liability b. Commercial General Liability c. Automobile d. Workers' Compensation i. Exhibit 2 copy — pg. 15 ii. Insurance definitions/coverage — pgs. — 16-17 4) Additional Insured Status a. Allows Deschutes County to utilize the contractor's insurance policy as primary coverage b. By endorsement secures additional insured status i. Example insurance certificates with and without endorsement — pg.- 18-25 5) Contract forms on intranet site i. Exhibit of intranet forms — pg. 26 6) Miscellaneous Resource Documents a. Basic Contract Principles — pg. 29 b. County Code 2.36 — Local Contract Review Board — pg. 30 c. County Code 4.06- Screening and Selection Procedures for Personal Services Contracts — pgs. 31-35 7) Mental Health Contracts a. CDO sub -contract requires I million limits per occurrence - pg. 27 b. Sub -contract master Form 2003 has bonding requirements? - pg. 28 Exhibit Page 0 fQ—'- �,4 — -4 I REVIEWED LEGAL COUNSEL For Recording Stamp Only DESCHUTES COUNTY SERVICES CONTRACT (UNDER $76,000) CONTRACT NO. This Contract is between DESCHUTES COUNTY (County) and _ (Contractor). The parties agree as follows: Effective Date and Termination Date. The effective date of this Contract shall be or the date on which each party has signed this Contract, whichever is later. Unless earlier terminated as provided below, the termination date shall be Statement of Work. Contractor shall perform the work described in Exhibit 1. Payment for Work. County agrees to pay Contractor in accordance with Exhibit 1. Contract Documents. This Contract includes Page 1-7 and Exhibits 1, 2, 3, 4, 5 and 6. (Instruction: Delete non -applicable exhibits.) CONTRACTOR DATA AND SIGNATURE Contractor Address: Federal Tax I D# or Social Security #: Is Contractor a nonresident alien? El Yes F]No Business Designation (check one): El Sole Proprietorship EJ Corporation -for profit 0 Corporation -non-profit El Partnership n Other, describe A Federal tax ID number or Social Security number is required to be provided by the Contractor and shall be used for the administration of state, federal and local tax laws. Payment information shall be reported to the Intemal'Revenue Service under the name and Federal tax ID number or, if none, the Social Security number provided above. I have read this Contract including the attached Exhibits. I understand this Contract and agree to be bound by its terms. NOTE: Contractor shall also sign Exhibits 3 and 4 and, if applicable, Exhibit 6. Signature Name (please print) Title Date DESCHUTES COUNTY SIGNATURE Contracts with a maximum consideration of not greater than $25,000 are not valid and not binding on the County until signed by the appropriate Deschutes County Department Head. Additionally, Contracts with a maximum consideration greater than $25,000 but less than $75,000 are not valid and not binding on the County until signed by the Director of Administrative Services. Dated this of 2003 DESCHUTES COUNTY DEPARTMENT HEAD By: Title: Page 1 of 14 — Personal Services Contract No. Dated this of 2003 DESCHUTES COUNTY DIRECTOR OF ADMINISTRATIVE SERVICES Michael A. Maier Exhibit Page 9— Of STANDARD TERMS AND CONDITIONS 1. Time is of the Essence. Contractor agrees that time is of the essence in the performance of this Contract. 2. Compensation. Payment for all work performed under this Contract shall be made as set forth in Exhibit 1. a. Payments shall be made to Contractor following County's review and approval of billings submitted by Contractor. Contractor shall also submit copies of other billings for work performed under this Contract when such bills are to be paid by other parties. These other billings are subject to the maximum compensation amount of this contract. b. Contractor shall not submit billings for, and County shall not pay, any amount in excess of the maximum compensation amount of this Contract, including any reimbursable expenses (See Exhibit 5). If the maximum compensation amount is increased by amendment to this Contract, the amendment shall be fully executed before Contractor performs work subject to the amendment. No payment shall be made for any services performed before the beginning date or after the expiration date of this contract. This Contract shall not be amended after the expiration date. c. Contractor shall submit monthly invoices for work performed. The invoices shall describe all work performed with particularity and by whom it was performed and shall itemize and explain all expenses for which reimbursement is claimed. The invoices also shall include the total amount invoiced to date by Contractor prior to the current invoice. 3. Delegation, Subcontracts and Assignment. Contractor shall not delegate or subcontract any of the work required by this Contract or assign or transfer any of its interest in this Contract, without the prior written consent of County that shall be attached to the original contract. a. Any delegation, subcontract, assignment, or transfer without prior written consent of County shall constitute a material breach of this contract. b. Any such assignment or transfer, if approved, is subject to such conditions and provisions as the County may deem necessary. c. No approval by the County of any assignment or transfer of interest shall be deemed to create any obligation of the County to increase rates of payment or maximum Contract consideration. d. Prior written approval shall not be required for the purchase by the Contractor of articles, supplies and services which are incidental to the provision of services under this Contract that are necessary for the performance of the work. e. Any subcontracts that the County may authorize shall contain all requirements of this contract, and the Contractor shall be responsible for the performance of the subcontractor. 4. No Third Party Beneficiaries. County and Contractor are the only parties to this Contract and are the only parties entitled to enforce its terms. Nothing in this Contract gives or provides any benefit or right, whether directly, indirectly, or otherwise, to third persons unless such third persons are individually identified by name in this Contract and expressly described as intended beneficiaries of this Contract. 5. Successors in Interest. The provisions of this Contract shall be binding upon and inure to the benefit of the parties and their successors and approved assigns, if any. 6. Early Termination. This Contract may be terminated as follows: a. Mutual Consent. County and Contractor, by mutual written agreement, may terminate this Contract at any time. b. Party's Convenience. County or Contractor may terminate this Contract for any reason upon 30 calendar days written notice to the other party. c. For Cause. County may also terminate this Contract effective upon delivery of written notice to the Contractor, or at such later date as may be established by the County, under any of the following conditions: 1) If funding from state or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services as required in this contract. This Contract may be modified to accommodate the change in available funds. 2) If state laws, regulations or guidelines are modified, changed or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Contract or are no longer eligible for the funding proposed for payments authorized by this contract. 3) In the event sufficient funds shall not be appropriated for the payment of consideration required to be paid under this contract, and if County has no funds legally available for consideration from other sources. 4) If any license or certificate required by law or regulation to be held by the Contractor to provide the services required by this Contract is for any reason denied, revoked, suspended, not renewed or changed in such a way that the Contractor no longer meets requirements for such license or certificate. Page 2 of 14 — Personal Services Contract No. — Exhibit 6 JADocurnents; and Settings\mikev\Loeal SettingsWernporary Internet Files%Content.IE5%TMOY005RGeneric Personal Services Contract (under $754(=11).doc Page 3 of '* - -4 9 d. Contractor Default or Breach. The County, by written notice to the Contractor, may immediately terminate the whole or any part of this Contract under any of the following conditions: 1) If the Contractor fails to provide services called for by this Contract within the time specified or any extension thereof. 2) If the Contractor fails to perform any of the other requirements of this Contract or so fails to pursue the work so as to endanger performance of this Contract in accordance with its terms, and after receipt of written notice from the County specifying such failure, the Contractor fails to correct such failure within 10 calendar days or such other period as the County may authorize. e. Coun!y Default or Breach. Contractor may terminate this Contract in the event of a breach of this Contract by the County. Prior to such termination, the Contractor shall give to the County written notice of the breach and intent to terminate. If the County has not entirely cured the breach within 10 calendar days of the date of the notice, then the Contractor may terminate this Contract at any time thereafter by giving notice of termination. 7. Payment on Early Termination. Upon termination pursuant to paragraph 6, payment shall be made as follows: a. If terminated under subparagraphs 6 a. through c. of this Contract, the County shall pay Contractor for work performed prior to the termination date if such work was performed in accordance with the Contract. County shall not, however, pay Contractor for any obligations or liabilities incurred by Contractor after Contractor receives written notice of termination. b. If this Contract is terminated under subparagraph 6 d. of this Contract, County obligations shall be limited to payment for services provided in accordance with this Contract prior to the date of termination, less any damages suffered by the County. c. If terminated under subparagraph 6 e. of this Contract by the Contractor due to a breach by the County, then the County shall pay the Contractor for work performed prior to the termination date if such work was performed in accordance with the Contract. 8. Remedies. In the event of breach of this Contract the parties shall have the following remedies: a. Termination under subparagraphs 6 a. through c. of this Contract shall be without prejudice to any obligations or liabilities of either party already reasonably incurred prior to such termination. Contractor may not incur obligations or liabilities after Contractor receives written notice of termination. Additionally, neither party shall be liable for any indirect, incidental, consequential or special damages under this Contract or for any damages of any sort arising solely from the termination of this Contract in accordance with its terms. b. If terminated under subparagraph 6 d. of this Contract by the County due to a breach by the Contractor, County may pursue any remedies available at law or in equity. Such remedies may include, but are not limited to, termination of this contract, return of all or a portion of this Contract amount, payment of interest earned on this Contract amount, and declaration of ineligibility for the receipt of future contract awards. Additionally, County may complete the work either itself, by agreement with another Contractor, or by a combination thereof. If the cost of completing the work exceeds the remaining unpaid balance of the total compensation provided under this Contract, then the Contractor shall pay to the County the amount of the reasonable excess. c. In addition to the remedies in paragraphs 6 through 8 of this Contract for a breach by the Contractor, the County also shall be entitled to any other equitable and legal remedies that are provided by law. d. If previous amounts paid to Contractor exceed the amount due to Contractor under this Contract, Contractor shall repay any excess to County upon demand. e. If the County breaches this Contract, Contractor's remedy shall be limited to termination of this Contract and receipt of Contract payments to which Contractor is entitled to the date of County's breach. f. Neither County nor Contractor shall be held responsible for delay or default caused by fire, civil unrest, labor unrest, riot, acts of God, or war where such cause was beyond reasonable control of County or Contractor, respectively. Contractor shall, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon the cessation of the cause, diligently pursue performance of its obligations under this Contract. For any delay in performance as a result of the events described in this subparagraph, Contractor shall be entitled to additional reasonable time for performance that shall be set forth in an amendment to this Contract. g. The passage of this Contract expiration date shall not extinguish or prejudice the County's or Contractor's right to enforce this Contract with respect to any default or defect in performance that has not been cured. 9. Contractor's Tender upon Termination. Upon receiving a notice -of termination of this Contract, Contractor shall immediately cease all activities under this Contract unless County expressly directs otherwise in such notice of termination. Upon termination of this Contract, Contractor shall deliver to County all documents, information, works -in - progress and other property that are or would be deliverables had this Contract been completed. Upon County's request, Contractor shall surrender to anyone County designates, all documents, research, objects or other tangible Page 3 of 14 — Personal Services Contract No. JADocurnents and SettingsVnikev%ocal SettingsXTemporary Internet FileskContentIE5\TMQY005RGeneric Personal Services Contract [under $750WHII.doc Exhibit Page ofi,_� things needed to complete the work. 10. Work Standard. Contractor shall be solely responsible for and shall have control over the means, methods, techniques, sequences and procedures of performing the work, subject to the plans and specifications under this Contract and shall be solely responsible for the errors and omissions of its employees, subcontractors and agents. For goods and services to be provided under this contract, Contractor agrees to: a. perform the work in a manner consistent with and in accordance with the professional standards of the industry and in a timely manner using the schedule, materials, plans and specifications approved by County; b. comply with all applicable legal requirements; c. comply with all programs, directives, and instructions of County relating to safety, storage of equipment or materials; d. take all precautions necessary to protect the safety of all persons at or near County or Contractors facilities, including employees of Contractor, County and any other contractors or subcontractors and to protect the work and all other property against damage. 11. Drugs and Alcohol. Contractor shall enforce a zero tolerance as to dealing, possession, or use of drugs or alcohol by Contractor or its employees, subcontractors and agents while performing work under this contract. 12. Insurance. Contractor shall provide insurance in accordance with Exhibit 2 attached hereto and incorporated by reference herein. 13. Expense Reimbursement. If the consideration under this Contract provides for the reimbursement of Contractor for expenses, County shall only reimburse Contractor for expenses reasonably and necessarily incurred in the performance of this contract. Expenses reimbursed shall be at the actual cost incurred, including any taxes paid, and shall not include any mark-up unless the mark-up on expenses is specifically agreed to in this Contract. The cost of any subcontracted work approved in this Contract shall not be marked up. Contractor shall not bill County for any time expended to complete the documents necessary for reimbursement of expenses or for payment under this contract. The maximum amounts for certain reimbursable expenses are set forth in Exhibit 5, attached hereto and by reference incorporated herein. 14. Criminal Background Investigations. Contractor understands that Contractor is subject to periodic criminal background investigations by County and, if such investigations disclose criminal activity not disclosed by Contractor, such non -disclosure shall constitute a material breach of this Contract and County may terminate this Contract effective upon delivery of written notice to the Contractor, or at such later date as may be established by the County. 15. Confidentiality. Contractor shall maintain confidentiality of information obtained pursuant to this Contract as follows: a. Contractor shall not use, release or disclose any information concerning any employee, client, applicant or person doing business with the County for any purpose not directly connected with the administration of County's or the Contractor's responsibilities under this Contract except upon written consent of the County, and if applicable, the employee, client, applicant or person. The Contractor shall ensure that its agents, employees, officers and subcontractors with access to County and Contractor records understand and comply with this confidentiality provision. b. Contractor shall treat all information as to personal facts and circumstances obtained on Medicaid eligible individuals as privileged communication, shall hold such information confidential, and shall not disclose such information without the written consent of the individual, his or her attorney, the responsible parent of a minor child, or the child's guardian, except as required by other terms of this Contract. Nothing prohibits the disclosure of information in summaries, statistical information, or other form that does not identify particular individuals. c. Personally identifiable health information about applicants and Medicaid recipients will be subject to the transaction, security and privacy provisions of the Health Insurance Portability and Accountability Act ("HIPAA"). Contractor shall cooperate with County in the adoption of policies and procedures for maintaining the privacy and security of records and for conducting transactions pursuant to HIPAA requirements. This Contract may be amended in writing in the future to incorporate additional requirements related to compliance with HIPAA. If Contractor receives or transmits protected health information, Contractor shall enter into a Business Associate Agreement with County. 16. Reports. Contractor shall provide County with periodic reports at the frequency and with the information prescribed by County. Further, at anytime, County has the right to demand adequate assurances that the services provided by Contractor shall be in accordance with the contract. Such assurances provided by Contractor shall be supported by documentation from third parties. Page 4 of 14 — Personal Services Contract No. Exhibit JADocurnents and SetfingsVnikev%Local SettingslTemporary Internet FilesIContent.IES\TMQY005RGenedc Personal Services Contrad [under $75000)[1).doe 6 Page, c:5 of ME 17. Access to Records. Contractor shall maintain fiscal records and all other records pertinent to this Contract. a. All fiscal records shall be maintained pursuant to generally accepted accounting standards, and other records shall be maintained to the extent necessary to clearly reflect actions taken. All records shall be retained and kept accessible for at least three years following the final payment made under this Contract or all pending matters are closed, which ever is later. If an audit, litigation or other action involving this Contract is started before the end of the three year period, the records shall be retained until all issues arising out of the action are resolved or until the end of the three year period, whichever is later. b. County and its authorized representatives shall have the right to direct access to all of Contractors books, documents, papers and records related to this Contract for the purpose of conducting audits and examinations and making copies, excerpts and transcripts. These records also include licensed software and any records in electronic form, including but not limited to computer hard drives, tape backups and other such storage devices. County shall reimburse Contractor for Contractors cost of preparing copies. At Contractor's expense, the County, the Secretary of State's Office of the State of Oregon, the Federal Government, and their duly authorized representatives, shall have license to enter upon Contractors premises to access and inspect the books, documents, papers, computer software, electronic files and any other records of the Contractor which are directly pertinent to this Contract for the purpose of making audits, examinations, excerpts, copies and transcriptions. 18. Ownership of Work. All work of Contractor that results from this Contract (the "Work Product") is the exclusive property of County. County and Contractor intend that such Work Product be deemed "work made for hire" of which County shall be deemed author. If, for any reason, the Work Product is not deemed "work made for hire," Contractor hereby irrevocably assigns to County all of its right, title, and interest in and to any and all of the Work Product, whether arising from copyright, patent, trademark, trade secret, or any other state or federal intellectual property law or doctrine. Contractor shall execute such further documents and instruments as County may reasonably request in order to fully vest such rights in County. Contractor forever waives any and all rights relating to Work Product, including without limitation, any and all rights arising under 17 USC § 106A or any other rights of identification of authorship or rights of approval, restriction or limitation on use or subsequent modifications. County shall have no rights in any pre- existing work product of Contractor provided to County by Contractor in the performance of this Contract except to copy, use and re -use any such work product for County use only. If this Contract is terminated prior to completion, and the County is not in default, County, in addition to any other rights provided by this Contract, may require the Contractor to transfer and deliver all partially completed work products, reports or documentation that the Contractor has specifically developed or specifically acquired for the performance of this Contract. 19. Materials. At all times, Contractor shall make reasonable efforts to use recycled materials in the performance work required under this contract. 20. Compliance with provisions, requirements of funding source and Federal and State laws, statutes, rules, regulations, executive orders and policies. Debt Limitation. This Contract is expressly subject to the debt limitation of Oregon counties set forth in Article XI, Section 10, of the Oregon Constitution, and is contingent upon funds being appropriated therefore. Any provisions herein, which would conflict with law, are deemed inoperative to that extent. Additionally, any requirements, conditions or limitations arising under the terms of any grant funding source or required pursuant to any Federal or State law, statute, rule, regulation, executive order and policy applicable to this Contract are set forth in Exhibit 6, attached hereto, and by this reference incorporated herein. 21. Constraints. Pursuant to the requirements of ORS 279.310 through 279.320 and Article XI, Section 10, of the Oregon Constitution, the following terms and conditions are made a part of this contract. a. Contractor shall: 1 ) Make payments promptly, as due, to all persons supplying to Contractor labor or materials for the prosecution of the work provided for in this contract. 2) Pay all contributions or amounts due the Industrial Accident Fund from such Contractor or subcontractor incurred in the performance of this contract. 3) Not permit any lien or claim to be filed or prosecuted against County on account of any labor or material furnished. 4) Pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. b. If Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to Contractor or a subcontractor by any person in connection with this Contract as such claim becomes due, the proper offices representing County may pay such claim to the person furnishing the labor or services and charge the amount of the payment against funds due or to become due Contractor by reason of this contract. c. Contractors Employees. Page 5 of 14 — Personal Services Contract No. JMocurnents and SeffingsXmikeAlLocal SettingslTernporary Internet FilesXContentIE5XTMQY005TXGeneric Personal Services Contrad [under $7-1,000][1j.doc Exhibit Page _LQ — of 1) Employees of Contractor shall be paid at least time and a half for all overtime worked in excess of forty (40) hours in any one week, except individuals under this Contract who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. Sections 201 to 209 from receiving overtime. 2) Employees shall be paid at least time and a half for all work performed on the following legal holidays: New Years Day on January 1. Memorial Day on the last Monday in May. Independence Day on July 4. Labor Day on the first Monday in September. Thanksgiving Day on the fourth Thursday in November. Christmas Day on December 25. d. Contractor shall promptly, as due, make payment to any person or co partnership, association or corporation furnishing medical, surgical and hospital care or other needed care and attention, incident to sickness or injury, to the employees of such Contractor, of all sums which the Contractor agrees to pay for such services and all money and sums which the Contractor collected or deducted from the wages of Contractors employees pursuant to any law, contract or contract for the purpose of providing or paying for such services. e. Contractor agrees that if Contractor is a subject employer that is not exempt under ORS 656.126, that it shall comply with ORS 656.017. 22. Contractor Not An Agent of County. It is agreed by and between the parties that Contractor is not carrying out a function on behalf of County, and County does not have the. right of direction or control of the manner in which Contractor delivers services under this Contract or exercise any control over the activities of Contractor. Contractor is not an officer, employee or agent of County as those terms are used in ORS 30.265. 23. Partnership. County is not, by virtue of this contract, a partner or joint venturer with Contractor in connection with acbvities carried out under this contract, and shall have no obligation with respect to Contractors debts or any other liabilities of each and every nature. 24. Indemnity and Hold Harmless. Contractor shall defend, save, hold harmless and indemnify the County and its officers, employees and agents from and against all claims, suits, actions, losses, damages, liabilities costs and expenses of any nature resulting from or arising out of, or relating to the activities of Contractor or its officers, employees, contractors, or agents under this Contract. To the extent permitted by Article XI, Section 10, of the Oregon Constitution and the Oregon Tort Claims Act, ORS 30.260 through 30.300, County shall defend, save, hold harmless and indemnify Contractor and its officers, employees and agents from and against all claims, suits, actions, losses, damages, liabilities costs and expenses of any nature resulting from or arising out of, or relating to the activities of County or its officers, employees, contractors, or agents under this Contract. Neither party shall be liable to the other for any incidental or consequential damages arising out of or related to this contract. Neither party shall be liable for any damages of any sort arising solely from the rightful termination of this contract or any part hereof in accordance with its terms. 25. Waiver. County's delay in exercising, or failure to exercise any right, power, or privilege under this Contract shall not operate as a waiver thereof, nor shall any single or partial exercise or any right, power, or privilege under this Contract preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. The remedies provided herein are cumulative and not exclusive of any remedies provided by law. 26. Governing Law. This Contract shall be governed by and construed in accordance with the laws of the State of Oregon without regard to principles of conflicts of law. Any claim, action, suit or proceeding (collectively, "Claim") between County and Contractor that arises from or relates to this Contract shall be brought and conducted solely and exclusively within the Circuit Court of Deschutes County for the State of Oregon; provided, however, if a Claim shall be brought in federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. CONTRACTOR, BY EXECUTION OF THIS CONTRACT, HEREBY CONSENTS TO THE IN PERSONAM JURISDICTION OF SAID COURTS. The parties agree that the LIN Convention on International Sales of Goods shall not apply. 27. Severabillity. If any term or provision of this Contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if this Contract did not contain the particular term or provision held invalid. Page 6 of 14 - Personal Services Contract No. — Exhibit—b- - -- J:\Docurnents and Setfings\jnikev\Local SettingslTernporary Internet FileskContenL IE5\TMQYOCST\Generic Personal Services Contract [under $759=1(i J.doc Page -1 Oflxa- 7 28. Anti -discrimination Clause. Contractor agrees that no person shall, on the grounds of race, color, creed, national origin, sex, marital status, or age, suffer discrimination in the performance of this Contract when employed by Contractor. Contractor agrees to comply with Title VI of the Civil Rights Act of 1964, with Section V of the Rehabilitation Act of 1973, and with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Additionally, each party shall comply with the Americans with Disabilities Act of 1990 (Pub. L. No. 101-336), ORS 659.425, and all regulations and administrative rules established pursuant to those laws. Further, Contractor agrees to not discriminate against minority-owned, women -owned or emerging small businesses in awarding subcontracts as required by ORS 279.111. 29. Counterparts. This Contract may be executed in several counterparts, all of which when taken together shall constitute one agreement binding on all parties, notwithstanding that all parties are not signatories to the same counterpart. Each copy of this Contract so executed shall constitute on original. 30. Attorney Fees. In the event an action, lawsuit or proceeding, including appeal there from, is brought for failure to observe any of the terms of this contract, each party shall be responsible for their own attorney fees, expenses, costs and disbursements for said action, lawsuit, proceeding or appeal. 31. Notice. Expect as otherwise expressly provided in this Contract, any communications between the parties hereto or notices to be given hereunder shall be given in writing, to Contractor or County at the address or number set forth below or to such other addresses or numbers as either party may hereafter indicate in writing. Delivery may be by personal delivery, facsimile, or mailing the same, postage prepaid. a. Any communication or notice by personal delivery shall be deemed delivered when actually given to the designated person or representative. b. Any communication or nofice sent by facsimile shall be deemed delivered when the transmitting machine generates receipt of the transmission. To be effective against County, such facsimile transmission shall be confirmed by telephone notice to County's Director of Administrative Services. c. Any communication or notice mailed shall be deemed delivered five (5) days after mailing. Any notice under this Contract shall be mailed by first class postage or delivered as follows: To Contractor: To Countv: Michael A. Maier Director of Administrative Services Deschutes County Administration 1130 NW Harriman Street Telephone: Bend, Oregon 97701 Fax No. Fax No. 32. Merger Clause. This Contract and the attached exhibits constitute the entire agreement between the parties. All understandings and agreements between the parties and representations by either party concerning this Contract are contained in this Contract. No waiver, consent, modification or change in the terms of this Contract shall bind either party unless in writing signed by both parties. Any written waiver, consent, modification or change shall be effective only in the specific instance and for the specific purpose given. 33. Survival. All rights and obligations shall cease upon termination or expiration of this Contract, except for the rights and obligations set forth in Sections 4, 5, 8, 9, 15, 17-20, 24-27 and 31-33. Page 7 of 14 — Personal Services Contract No. Exhibit JADocuments and SettingsVnikev%Local SettingsWernporary Internet FileMContent.IESITMQY005nGeneric Personal Services Contract [under $750W]j1j.doc Page E:,) of EXHIBIT I DESCHUTES COUNTY SERVICES CONTRACT Contract No. STATEMENT OF WORK, COMPENSATION and PAYMENT TERMS 1. Contractor shall perform the following work: A. B. C. D. 2. County Services. County shall provide Contractor, at county's expense, with material and services described as follows: A. 3. Consideration. 4. The maximum compensation. a. The maximum compensation under this contract, including expenses, is $ b. Contractor shall not submit invoices for, and County shall not pay for any amount in excess of the maximum compensation amount set forth above. If this maximum compensation amount is increased by amendment of this contract, the amendment shall be fully effective before contractor performs work subject to the amendment. Contractor shall notify County in writing of the impending expiration of this Contract thirty (30) calendar days prior to the expiration date. Exhibit Page 8 of 14 - Exhibit 1 to Personal Service Contract No. Page -q— of N EXHIBIT 3 DESCHUTES COUNTY SERVICES CONTRACT Contract No. CERTIFICATION STATEMENT FOR CORPORATION OR INDEPENDENT CONTRACTOR NOTE: Contractor Shall Complete A or B in addition to C below: A- CONTRACTOR IR A CnRPnRAT11nN I imm;=n i 1AR11 1TV 1-nMPAKIV nD A DADTKICDCUID I certify under penalty of perjury that Contractor is a [check one]: F-1 Corporation Limited Liability Company El Partnership authorized to do business in the State of Oregon. Signature Title Date B. CONTRACTOR IS A SOLE PROPRIETOR WORKING AS AN INDEPENDENT CONTRACTOR. Contractor certifies under penalty of pedury that the following statements are true: 1. If Contractor performed labor or services as an independent Contractor last year, Contractor filed federal and state income tax returns last year in the name of the business (or filed a Schedule C in the name of the business as part of a personal income tax return), and 2. Contractor represents to the public that the labor or services Contractor provides are provided by an independently established business registered with the State of Oregon, and, 3. All of the statements checked below are true. NOTE: Check all that apply. You shall check at least four (4) - to establish that you are an Independent Contractor. A. The labor or services I perform is primarily carried out at a location that is separate from my residence or is primarily carried out in a specific portion of my residence that is set aside as the location of the business. B. I purchase commercial advertising or I have business cards for my business, or I am a member of a trade association. C. My business telephone listing is separate from my personal residence telephone listing. D. I perform labor or services only under written contracts. E. Each year I perform labor or services for at least two different persons or entities. F. I assume financial responsibility for defective workmanship or for service not provided by purchasing performance bonds, errors and omission insurance or liability insurance, or providing warranties relating to the labor or services I provide. Contractor Signature Date C. Representation and Warranties. Contractor certifies under penalty of pedury that the following statements are true to the best of Contractor's knowledge: 1. Contractor has the power and authority to enter into and perform this Contract; 2. This Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms; Page 10 of 14 — Exhibit 3 to Personal Services Contract No. — .1:00cuments and SettingsVnike%ALocal SettingslTemporary Internet FilesIContentIE6ATMQYOCS'FGerieric Personal Services Contract [Linder $750001111.doc Exhibit (;L--,, Page t C-) of 3. The services under this Contract shall be performed in manner consistent with and in accordance with the professional standards of the industry and in a timely manner using the schedule, materials, plans and specifications approved by County; and 4. Contractor shall, at all times during the term of this Contract, be qualified, professionally competent, and duly licensed to perform the services. 5. To the best of Contractors knowledge, Contractor is not in violation of any tax laws described in ORS 305.380(4), 6. Contractor understands that Contractor is responsible for any federal or state taxes applicable to any consideration and payments paid to Contractor under this Contract; and 7. Contractor has not disc(iminated against minority, women or small business enterprises in obtaining any required subcontracts. Contractor Signature Date Page 11 of 14 — Exhibit 3 to Personal Services Contract No. i-m—um-a, -A —I qaftim.c%T— Intamat T:iIA.R%(cdnnt IRSITMO Ynr-,��r—nmnp...i q—i— rnd..4 Exhibit Page __U_ of laa- EXHIBIT 4 DESCHUTES COUNTY SERVICES CONTRACT Contract No. Workers' Compensation Exemption Certificate (To be used only when Contractor claims to be exempt from Workers' Compensation coverage requirements) Contractor is exempt from the requirement to obtain workers' compensation insurance under ORS Chapter 656 for the following reason (check the appropriate box): EISOLE PROPRIETOR Contractor is a sole proprietor, and Contractor has no employees, and Contractor shall not hire employees to perform this contract. EICORPORATION - FOR PROFIT Contractors business is incorporated, and All employees of the corporation are officers and directors and have a substantial ownership interest* in the corporation, and The officers and directors shall perform all work. Contractor shall not hire other employees to perform this contract. 0 CORPORATION - NONPROFIT • Contractor's business is incorporated as a nonprofit corporation, and • Contractor has no employees; all work is performed by volunteers, and • Contractor shall not hire employees to perform this contract. EIPARTNERSHIP • Contractor is a partnership, and • Contractor has no employees, and • All work shall be performed by the partners; Contractor shall not hire employees to perform this contract, and • Contractor is not engaged in work performed in direct connection with the construction, alteration, repair, improvement, moving or demolition of an improvement to real property or appurtenances thereto. El LIMITED LIABILITY COMPANY • Contractor is a limited liability company, and • Contractor has no employees, and • All work shall be performed by the members; Contractor shall not hire employees to perform this contract, and • If Contractor has more than one member, Contractor is not engaged in work performed in direct connection with the construction, alteration, repair, improvement, mo%Ang or demolition of an improvement to real property or appurtenances thereto. *NOTE: Under OAR436-50-050 a shareholder has a 'substantial ownership" interest if the shareholder owns 10% of the corporation or, if less than 10% is owned, the shareholder has ownership that is at least equal to or greater than the average percentage of ownership of all shareholders. "NOTE: Under certain circumstances partnerships and limited liability companies can claim an exemption even when performing construction work. The requirements for this exemption are complicated. Consult with County Counsel before an exemption request is accepted from a contractor who shall perform construction work. Contractor Printed Name Contractor Title Contractor Signature Date Page 12 of 14 — Exhibit 4 to Personal Services Contract No. JADocuments and SettingsVnikeALocal SeftingsXTemporary Internet Files%ContentIE5%TMQYOCSTkGeneric Personal Services Contract [under $750001fll.doc Exhibit Page Of EXHIBIT 5 DESCHUTES COUNTY SERVICES CONTRACT Contract No. Expense Reimbursement 1. Travel and Other Expenses. (When travel and other expenses are reimbursed.) a. It is the policy of the County that all travel shall be allowed only when the travel is essential to the normal discharge of the County responsibilities. All travel shall be conducted in the most efficient and cost effective manner resulting in the best value to the County. The travel shall comply with all the requirements set for in this Exhibit and shall be for official County business only. Personal expenses shall not be authorized at any time. All expenses are included in the total maximum contract amount. b. Travel expenses shall be reimbursed only in accordance with rates approved by the County and only when the reimbursement of expenses is specifically provided for in paragraph 4 of this contract. The current approved rates for reimbursement of travel expenses are set forth below. c. County shall not reimburse for any expenses related to alcohol consumption or entertainment. d. Except where noted, detailed receipts for all expenses shall be provided. Charge slips for gross amounts are not acceptable. e. County shall not reimburse Contractor for any item that is not otherwise available for reimbursement to an employee of Deschutes County. 2. Approved reimbursement rates are as follows: a. Mileage. Mileage for travel in a private automobile, while Contractor is acting within the course and scope of Contractors duties under this Contract and driving over the most direct and usually traveled route, shall be reimbursed at a rate of 36.5 cents per mile. To qualify for mileage reimbursement, Contractor shall hold a valid, current drivers license for the class of vehicle to be driven and carry personal automobile liability insurance in amounts not less than those required by this contract. No mileage reimbursement shall be paid for the use of motorcycles or mopeds. b. Meals. Per Diem for meals is $40 per day. 1) For purposes of calculating individual meals where the Contractor is entitled only to a partial day reimbursement, the following allocation of the meal per them applies: Breakfast, $10; Lunch, $10; Dinner, $20. Reimbursement rates for meals are "per diem" and receipts are not required for reimbursement. County shall not, however, pay any reimbursement for meals included as part of a conference fee or provided by others. 2) Except in the event of necessary overnight travel as provided below, breakfast and dinner expenses shall be reimbursed only if Contractor, while acting within the course and scope of his/her duties under this contract, is required to travel more than two (2) hours: (a) hgfgLe the start (for breakfast expense reimbursement), or (b) after the end (for dinner expense reimbursement), of Contractors regular workday (8:00 a.m. to 5:00 P.M.). Lunch expense is reimbursable only if Contractor, while acting within the course and scope of his/her duties under this contract, is required to travel overnight and begins or ends the journey, respectively, before or after 11:00 a.m. Breakfast and dinner expenses are reimbursable during Contractors necessary overnight travel while acting within the course and scope of his/her duties under this contract. c. Lodging. County shall reimburse Contractor for Contractors actual cost of lodging up to $80 per night for lodging necessary to provide service to the County. Reimbursement rates for lodging are not considered "per diem" and receipts are required for reimbursement. d. Other travel expenses. In addition to meals and lodging, out-of-state travel expenses shall be reimbursed for airfare and rental vehicles only if Contractor is acting within the course and scope of his/her duties under this contract. Receipts are required for all out-of-state travel expenses except meals. All Contractor representatives shall fly "coach class", unless Contractor personally pays the difference. All Contractor representatives shall be limited to an economy or compact size rental vehicles, unless the Contractor personally pays the difference. e. County shall not reimburse Contractor for any airline ticket or vehicle rental charges in excess of the lowest fare and vehicle rental available. 3. Exceptions. Contractor shall obtain separate written approval of Director of Administrative Services for any exceptions to the expense items listed above prior to incurring any expense for which reimbursement shall be sought. Page 13 of 14 — Exhibit 5 to Personal Services Contract No. Exhibit Page 5 Exhibit 6 DESCHUTES COUNTY SERVICES CONTRACT Contract No. Compliance with provisions, requirements of funding source and Federal and State laws, statutes, rules, regulations, executive orders and policies. Conflicts of Interest Contractor certifies under penalty of perjury that the following statements are true to the best of Contractor's knowledge: 1. If Contractor is currently performing work for the County, State of Oregon or federal government, Contractor by signature to this Contract declares certifies that; Contractors Work to be performed under this Contract create no potential or actual conflict of interest as defined by ORS 244 and no rules or regulations of Contractors employee agency (County State or Federal) would prohibit Contractors Work under this Contract. Contractor is not an "officer," employee," or agent" of the Agency, as those terms are used in ORS 30.265. 2. No federally appropriated funds have been paid or shall be paid, by or on behalf of Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. a. If any funds other than federally appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, Contractor agrees to complete and submit Standard Form -LLL "Disclosure Form to Report Lobbying," in accordance with its instructions. Standard Form -LLL and instructions are located in 45 CFR Part 93 Appendix B. If instructions require filing the form with the applicable federal entity, Contractor shall then as a material condition of this Contract also file a copy of the Standard Form -LLL with the Department. This filing shall occur at the same time as the filing in accordance with the instructions. b. Contractor understands this certification is a material representation of fact upon which the County and the Department has relied in entering into this Contract. Contractor further understands that submission of this certification is a prerequisite, imposed by 31 USC 1352 for entering into this Contract. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. c. Contractor shall include the language of this certification in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. d. Contractor is solely responsible for all liability arising from a failure by Contractor to comply with the terms of this certification. Additionally, Contractor promises to indemnify County for any damages suffered by County as a result of Contractor's failure to comply with the terms of this certification. 3. Contractor understands that, if this Contract involves federally appropriated funds, this certification is a material representation of facts upon which reliance was placed when this Contract was made or entered into, submission of this certification is a prerequisite for make or entering into this Contract imposed by Section 1352, Title 311, U.S. Code and that any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure. Contractor Signature Date Exhibit Page 14 of 14 - Exhibit 6 to Personal Services Contract No. Page 1-M-- -A ­!­%�W­Al -1 1-- CH.W.-­ --- A- ­­ 1. ­_ .1-1 - -A-4- 41 /Y 30.270 Amount of liability. (1) Liability of any public body or its officers, employees or agents acting within the scope of their employment or duties on claims within the scope of ORS 30.260 to 30.300 shall not exceed: (a) $50,000 to any claimant for any number of claims for damage to or destruction of property, including consequential damages, arising out of a single accident or occurrence. (b) $100,000 to any claimant as general and special damages for all other claims arising out of a single accident or occurrence unless those damages exceed $ 100,000, in which case the claimant may recover additional special damages, but in no event shall the total award of special damages exceed $100,000. (c) $500,000 for any number of claims arising out of a single accident or occurrence. (2) No award for damages on any such claim shall include punitive damages. The limitation imposed by this section on individual claimants includes damages claimed for loss of services or loss of support arising out of the same tort. (3) Where the amount awarded to or settled upon multiple claimants exceeds $500,000, any party may apply to any circuit court to apportion to each claimant the proper share of the total amount limited by subsection (1) of this section. The share apportioned each claimant shall be in the proportion that the ratio of the award or settlement made to the claimant bears to the aggregate awards and settlements for all claims arising out of the occurrence. (4) Liability of any public body and one or more of its officers, employees or agents, or two or more officers, employees or agents of a public body, on claims arising out of a single accident or occurrence, shall not exceed in the aggregate the amounts limited by subsection (1) of this section. (5) For any claim arising in connection with a nuclear incident, no provision of this section shall limit the amount of damages recoverable for injuries or death or loss of or damage to property, or loss of use of property as a result of a nuclear incident covered by an insurance or indemnity agreement under 42 U.S.C. 2210. [1967 c.627 §4; 1969 c.429 §2; 1975 c.609 §13; 1987 c.705 §8; 1987 c.915 §13] Exhibit Page --V5L Of, 115' EXHIBIT 2 DESCHUTES COUNTY SERVICES CONTRACT Contract No. INSURANCE REQUIREMENTS Contractor shall at all times maintain in force at Contractor's expense, each insurance noted below. All insurance policies shall be written on an occurrence basis and be in effect for the term of this Contract. Authorization from Deschutes County is required for any policy written on a "claims made" basis. Workers Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide workers' compensation coverage in accordance with ORS Chapter 656 for all subject workers. Contractor and all subcontractors of Contractor with one or more employees must have this insurance unless exempt under ORS 656.027 (See Exhibit 4). Employer's Liability Insurance with coverage limits of not less than $100,000 must be included. THIS COVERAGE IS REQUIRED. Attach Certificate of Insurance for Contractor and all subcontractors. If Contractor does not have coverage and claims to be exempt, attach Exhibit 4 in lieu of Certificate. Professional Liability insurance with a combined single limit of not less than El $500,000, El si,000,000, El $2,000,000 each claim, incident, or occurrence, with an annual aggregate limit of 1:1 $1,000,000, 1:1 $2,000,000.This is to cover damages caused by error, omission, or negligent acts related to professional services provided under this Contract. If the policy is a "claims made" policy, the policy must provide extended reporting period coverage for claims made within two years after this Contract is completed. El Required by County El Not required by County Commercial General Liability insurance, on an occurrence basis, with a combined single limit of not less than E] $500,000, El $1,000,000, El $2,000,000 each occurrence for Bodily Injury and Property Damage, with an annual aggregate limit of El $500,000, 1:1 $1,000,000, 0 $2,000,000. This insurance includes contractual liability coverage and shall name Deschutes County, its officers, agents, employees and volunteers as an additional insured. El Required by County El Not required by County Commercial Automobile Liability insurance with a combined single limit, or the equivalent of not less than El $5oo,000, El $1,ocio,cloo, El $2,000,000 each occurrence for Bodily Injury and Property Damage. Insurance shall provide coverage for any motor vehicle driven during the course of providing services under this Contract. 0 Required by County El Not required Additional Requirements. Coverage must be provided by an insurance company admitted to do business in Oregon or rated 13+ or better by Bests Insurance Rating. Contractor shall pay all deductibles and retentions. A cross -liability clause or separation of insureds' condition must be included in all commercial general liability policies required by this Contract. Contractor's coverage will be primary in the event of loss. Certificate of Insurance Required. Contractor shall furnish a current Certificate of Insurance to the County with the signed Contracts. The Certificate shall provide that there shall be no cancellation, termination, material change, or reduction of limits of the insurance coverage without 30 days written notice from the Contractors insurer to the County. The Certificate shall also state the deductible or retention level. For commercial general liability the Certificate shall also provide that the County, its agents, officers, employees and volunteers are Additional Insureds with respect to Contractor's services to be provided under this Contract. If requested, complete copies of insurance policies shall be provided to the County. Completed by: Contract Originator **Note to Contract Originator: For certain types of contracts additional insurance may be required. Contact Risk Management for those requirements. Page 9 of 14 — Exhibit 2 to Personal Services Contract No. Exhibit Fl) J:Mocuments and Senings\mikev\Local SeftingskTemporary Internet FilesIContent.IE5\TMQYOCS'RGeneric Personal Services Contract [uMer $75"I[Ill.doc, Page _ILV of3.p ®R Commercial General Liability Bodily Injury - Bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. Contractual Liability - A portion of Commercial General Liability (CGQ coverage that allows limited coverage for liability assumed under the contract. The coverage allowed by Contractual Liability includes: Liability that the insured would have in the absence of the contract or agreement. * Liability assumed under an "insured contract" * Per CGL policy definitions, an "insured contract' means: * A contract for a lease of premises. * A sidetrack agreement (a railroad term). + Easements. Agreements required by municipalities as a result of ordinances (not for work done for municipalities). * Elevator maintenance agreements. Liabilities that "would be imposed by law in the absence of any contract or agreement." General Aggregate Limit - Under the standard CGL policy, the maximum limit of insurance payable during any given annual policy period for all covered losses other than those arising from the products and completed operations hazards. Personal and Advertising Injury -Injury, including consequenfial "bodily injury", arising out of one or more of the following offenses: Fal se arrest, detention or imprisonment; 0001W Ma . licious prosecution; + Wrongful entry into, or eviction of a person from, a room, dwelling, or premises that the person occupies; + Oral or written publication of materials that slanders or libels a person or organization or belittles a person's or organization's goods, products, or services; or * Oral or written publication of material that violates a person's right of privacy. 0 Products and Completed Operations Coverage - Covers losses arising out of a manufacturer, merchant, or distributor's liability, due to injury or damage to a third party resulting from the use of a covered product. Covers the contractor for damage or injury to third parties resulting from something the contractor made, repaired, or installed. The loss e%r rtmei i1finn frnm fho cpkmirp %Atni dri hp rmprPri. nnt thp rontrnnfor's artusl nroduct- W P-4 Professional Liability Insurance + Coverage - The coverage in a Professional Liability Policy pays for damages. These are damages that the insured becomes legally obligated t6pay because of injury to another person. For the coverage to apply, this injury must be the result of a 'Wrongful act." A 'Wrongful act" means any act, error, or omission in the furnishing of the type of professional services that the policy was intended to cover. Exclusions - Professional Liability insurance doesn't cover the Contractor if they don't perform the duties of the contract, or don't perform them correctly. The exception is if the professional makes an error or omission in their decisions. Limitations - Professional Liability Coverage generally limits certain types of exposures or losses. These reduced limits are called sub -limits. Examples of the types of exposures that have a sub -limit include allegations of sexual misconduct and corporal punishment. Often a Professional Liability Policy will have a limit of $1 million with a su4-limit of $25,000 for sexual misconduct. Exhibit 2 Page _Le� of!3�_ IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rightsto the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. Exhibit Page_ /17 �� Ne _ ON, DATE(MM/DWY)l r 03/31/03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Aon Risk Services, Inc. of Oregon ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1211 S.W. 5th Avenue HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Suite 600 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Portland OR 97204-3799 COMPANIES AFFORDING COVERAGE COMPANY PHONE:- (503) 224-9700 FAX - (503) 295-0923 A AXA RE Property and Casualty Ins. Co. INSURED— COMPANY Northwestern Pacific Indemnity B COMPANY JE39 C COMPANY D USA THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTVATHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 4 C TYPE OF INSURANCE POLICY NV;%IBER POLICY EFFECTIVE DATE (1-12MIDDIVY) POLICYEXPIRATIO� DATE (NOUDDIVY) LENUTS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY FP000064701 COMMERCIAL PACKAGE 03131/03 03/31/04 GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 CLAIMS MADE MX OCCUR PERSONAL & ADV INJURY $1,000,000 EACH OCCURRENCE $1,000,000 OWNER'S & CONTRACTORS PROT FIRE DAMAGE(Any one fire) S100,000 7Loggers PD/$10,000 D MED EXP (Any one person) $5,000 M WAStopGaPAM A AUTOMOBILE LIABILITY x ANY AUTO FP000064701 COMMERCIAL PACKAGE 03/31/03 03/31/04 COMBINED SINGLE LIMIT $1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per Person) 7 HIRED AUTOS BODILY INJURY 7 NON -OWNED AUTOS (Per ecdclent) 80.0D0 Hired Phys D PROPERTY DAMAGE $500 cornol$l 000 PD GARAGE LIABILITY AUTO ONLY - EA ACCIDENT ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGAT B EXCESS LIABILITY 79064896 03t31/03 03131104 EACH OCCURRENCE $10,000,000 UMBRELLA FORM COMMERCIAL UMBRELLA COVERAG AGGREGATE $10,000,000 OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND EMPLOYERS'LIABILITY YSTATU H_ LIM rOR S1 I OER EL EACH ACCIDENT THE PROPRIETOR/ INCL PARTNERSfEXECUTTVE EL DISEASE -POLICY LIMIT OFFICERS ARE: EXCL EL DISEASE -EA EMPLOYEE DESCRIPTION OF OPERA'nONSILOCATIONS/VEHICLESISPECIAL ITEMS 51 W01". 0 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE Deschutes County EXPIRATION DATE THEREOF, THE ISSUING COMPANY VALL ENDEAVORTO MAIL Board of Commissioners r 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. 1130 NW Hardman BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Bend OR 97701 USA OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE z� APR 4, 7. 27 8, W'00'412, �Au - Q -05 Mlll Certificate No: 570005636626 Holder Identifier: Page 9CD of�� 21 Attachment to ACORD Certificate for Crown Pacific Partners, L.P. The terms, conditions and provisions noted below are hereby attached to the captioned certificate as additional description of the coverage afforded by the insurer(s). This attachment does not contain all terms, conditions, coverages or exclusions contained in the policy. INSURED r339 USA ADDITIONAL POLICIES If a policy below does not include limit informal certificate form for policy limits. COMPANY COMPANY COMPANY COMPANY COMPANY Jon. refer to the corresnonding noliev on the ACOR D CO LTR TYPE OF INSURANCE POLICY NUIA[BER POLICY DESCRIPTION poLlor EFFECTIVE. DATE POLICY EXPIRATION DATE 1,11WITS AUTOMOBILE LIABILITY A FP000064701 03/31/03 03/31104 Collision $1,000 COMMERCIAL PACKAGE Deductible Comprehensive .$500 Deduct DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES/SPECIAL ITEMS Exhibit Certificate No: 570005636626 Page -r^ - Exhibit T-�I Page 9 9 of 3ko D E (MM/DD/Y 18 98 PRODUCER MULVIHILL INSURANCE SERVICES 11 NORTH MORAIN KENNEWICK WA 99336 THIS CERTIFICATE IS ISSUED AS A MATTER OF IN -F -0-110M ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PHONE: 509-783-8105 FAX: 509-735-3512 COMPANIES AFFORDING COVERAGE COMPANY A MUTUAL OF. ENUMCLAW INSURANCE COMPANY INSURED COMPANY B COMPANY C COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW RAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAJN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCHPOLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Co LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDO" POLICY EXPIRATION DATE (MMIDWM LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000 -Xl COMMERCIAL GENERAL LIABILITY M028502 AUG 25 98 AUG 25 99 PRODUCTS-COMPIOP AGG. $ 2,000,000 PERSONAL & ADV INJURY 11000,000 A CLAJMS MADE F-Xj OCCUR OW X OWNEITS & CONTRACTOF?S PROT EACH OCCURRENCE 1,000,000 X NO SIMPLIFIED FORM FIRE DAMAGE (Any One Fire) S 50,000 X X STOP GAP S� 0 MED. EXP (Any One Person) $ 5,000 AUTOMOBILE LIABILITY ANYAUTO CP10010874 AUG 25 98 AUG 25 99 COMBINED SINGLE LIMIT $ 1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ A — - HIRED AUTOS NON -OWNED AUTOS BODILY INJURY $ (Per accident) PROPERTYDAMAGE $ GARAGE UABILITY AUTO ONLY - EA ACCIDENT $ ANYAUTO OTHER THAN AUTO NLY-. EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ 1,000,000 A UMBRELLA FORM M028502 AUG 25 98 AUG 25 99 Is 1,000,000 OTHER THAN UMBRELLA FORM Is WORKERS COMPENSATION AND EMPLOYERS'LIABILITY THE PROPRIETOR/ INC PARTNERS/EXECUTIVE RECEIVEL 7T--,RsYTuAmtT, EACH ACCIDENT Is DISEASE -POLICY LIMff Is DISEASE -EACH EMPLOYEE 1$ OFFICERS ARE: EXCL OTHER: =TRREBONNE DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/SPECIAL ITEMS RE: DOMESTIC WATER DISTRICT. DESCHUTES COUNTY, ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS ARE AN ADDITIONAL INSURED PER ATTACHED AE01 IN RESPECTS TO THE NAMED INSURED'S OPERATIONS. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY DESCHUTES COUNTY, OREGON OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES. 1130 NE HARRIMAN BEND OR 97701 AUTHORIZED REPRESENTATIVE Aftention: Exhibit T-�I Page 9 9 of 3ko I _2� 2 - MUTUAL OF 0 ENUMCLAW RECEIVEL. INSURANCE COMPANY 1460 WoUg St.. Enumclaw. WA 98022 AUG IMB THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT.CA&J1V*,T&%0.-.. BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Flat Premium Charge: $ 500. FIAT CHARGE SCHEDULE ON FILE WITH COMPANY (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) 1. WHO IS AN INSURED (Section 11) is amended to include as an insured any person or organization (called additional insured) whom you are required to add as an additional insured on this policy under a written contract or written agreement. The written contract or written agreement must be: a. Currently in effector becoming effective during the term of this policy; and b. Executed prior to the 'bodily injury," -property darnagalw,' 'pe(sonal initify,' or "advertising injury. - 2. The insurance provided to the additional insured is limited as follows: a. That person or organization is only an additional insured with respect to liability arising out of: (1) Premises you own, rent, lease. or occupy; or (2) "Your work- Performed for tile additional insured. b. The firims of insurance applicable to the additional insured are those specified In the written cotitract or written agreement or in tile Declaratiori for thif..policy, wilichevf-f ;jf(. less� AEOI 1/7') These limits of insurance- are inclusive of and not in addition to the limits of insurance shown in the Declarations. 3. The following exclusion is added to Paragraph 2., Exclusions in COVERAGES (Section 0: The insurance afforded the additional insured does not apply to 'bodily injury," 'property damage,' 'personal injury," or 'advertising injury" arising out of an architect's, engineer's or surveyor's rendering of or failure to render any professional services includi.ng: a. The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, design or specifications; and b. Supervisory, inspection, or engineering services. 4, Any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or any other basis unless a written contract or written agreement specifically requires that this insurance is primary. 5. Premium Audit With respect to tile P(emium'r-har.clEd-far _this___ Exhibit Page i�o�f_ ?1_3 ACORD ID J DATE (MWDDNY) CERTIFICATE OF LIABILITY INSURANC�OBIOOPIC q 05/21/02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION INSR LTR ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE XPD Insurance, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO Box 784 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Springfield OR 97477 Phone:541-741-0550 Pax:541-741-1674 INSURERS AFFORDING COVERAGE INSURED INSURER A: Valley Forge Insurance Co. INSURER B: Transportation Insurance Co. * INSURER C: Constitution Insurance Co. C2025267608 INSURER D: Ohio Casualty INSURER E: FIRE DAMAGE (Arry one fire) $300,000 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER tRr FFF E (MWDEDMY POLICY EXPIRATION DATE (MM/DDfY`0 LIMrTS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 * X COMMERCIAL GENERAL LIABILITY C2025267608 05/07/02 0 5 / 0 7 / 0 3 FIRE DAMAGE (Arry one fire) $300,000 —1 CLAIMS MADE f7A�j OCCUR -MED EXP (Any one perwn) S10,000 PERSONAL & ADV INJURY $1,000,000 X Contractual GENERAL AGGREGATE $2,000,000 GEtft AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000 1 POLICYEI SPM LOC * AUTOMOBILE LIABILITY X ANY AUTO C2025267642 05/07/02 05/07/03 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) BODILY INJURY $ (Per Person) X ALL OWNED AUTOS X SCHEDULED AUTOS BODILY INJURY $ (Per accident) X HIRED AUTOS X NON -OWNED AUTOS ECEIVE D PROPERTYDAMAGE $ (Per accident) GARAGE LIABILITY MAY Z I- WZ AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ MY AUTO .9�&HUTES EXCESS LIABILITY EACH OCCURRENCE $5,000,000 C X] OCCUR CLAIMS MADE CUL4 2 0 8 0 05/07/02 05/07/03 AGGREGATE $5,000,000 $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND A I TWOCRSY' LIZS I ER EMPLOYERS'LIABILITY E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE, $ E.L. DISEASE - POLICY LIMIT 1 $ OTHER D Excess Liability ECO (03) 52958050 05/07/02 05/07/03 Per Occ $3,000,000 Aggregate $3,000,000 DESCRIPTION OF OPEMTiONSILOCATIONSIVEHICLESfEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS RE: Deschutes County Fairgrounds Parking Expansion Project. Deschutes County and Hic)man William & Associates, 805 SW Industrial Way, Suite 10, Bend, OR 97702-1093 are Additional insureds per form G -140331-A. CERTIFICATE HOLDER Y I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION DESBE09 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRA-nO DATE THEREOFi THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYSWRITTEN Deschutes County Board NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFr, BUT FAILURE TO DO SO SHALL of Directors IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR 1130 NW Harriman Bend OR 97701 REPRESENTATIVES. AUTIHO91ZED,REPPESENTATIVE, --Exhibit F�� ACORD 25-S (7/97) 9�111 @AC0 Page —M70fa-a— -2- C/ G -140331-A (Ed. 01/01) IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH.C.I. OF THIS ENDORSEMENT FOR THESE DUTIES. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S SCHEDULED AND BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS -COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Per Attached Cert. Designated Project: Per Attached Cert. (Coverage under this endorsement is not affected by an entry or lack of entry in the Schedule above.) A- WHO IS AN INSURED (Section 11) is amended to include as an insured any person or organization, including any person or organization shown in the schedule above, (called additional insured) whom you are required to add as an additional insured on this policy under a written contract or written agreement; but the written contract or written agreement must be: 1. Currently in effect or becoming effective during the term of this policy, and G -140331-A (Ed. 01/01) 2. Executed prior to the "bodily injury," "property damage," or "personal and advertising injury". B. The insurance provided to the additional insured is limited as follows: 1. That person or organization is an additional insured solely for liability due to your negligence specifically resulting from "your work" for the additional insured which is the subject of the written contract or written agreement. No coverage applies to liability resulting from the sole negligence of the additional insured. Exhibit Page Of3Lo 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. 3. The coverage provided to the additional insured by this endorsement and paragraph f. of the definition of "insured contract" under DEFINITIONS (Section V) do not apply to "bodily injury," or "property damage" arising out of the "products -completed operations hazard" unless required by the written contract or written agreement. 4. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, or inspection activities performed as part of any related architectural or engineering activities. C. As respects the coverage provided under this endorsement, SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS are amended as follows: 1. The following is added to the Duties In The Event of Occurrence, Offense, Claim or Suit Condition: G -140331-A (Ed. 01/01) 2 ,;;? -15� G -140331-A (Ed. 01/01) e. An additional insured under this endorsement will as soon as practicable: (1) Give written notice of an occurrence or an offense to us which may result in a claim or "suit" under this insurance; (2) Tender the defense and indemnity of any claim or "suit" to any other insurer which also has insurance for a loss we cover under this Coverage Part; and (3) Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. L We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "suit" from the additional insured. 2. Paragraph 4.b. of the Other Insurance Condition is deleted and replaced with the following: 4. Other Insurance b. Excess Insurance This insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing. Exhibit Page -Lao of eXpress Intranet Legal Counsel Online Documents Documents are organized by major categories. To view documents within a category, click on the Category Name or the Folder a] Employee Programs Forms Misc. Documents Policies 123 Procedures 14 January 27, 2004 9:01 AM 2(o Page I of I Express: X I county internet: 0 1 web He menu for Mike Bocco personneiN Legal CounselI111111111 Bldg Service! Wellnessillill FinanceS info TechO Wisk Mngt= legal Counsel A Legal Counsel :: FAQs : Links: County Code A h, 'd Click on the Document Title to open the document into a new window. 0 Forms L -M County Counsel Office J BOCC Forms BOCC or er Format w/ Legal -Clerk Boxes (Version 2) BOCC Ordinance Format - Declaring an Emergency (Version 2) BOCC Ordinance Format - w/ Presribed date (Version 2) BOCC Ordinance Format - Without Emergency Declara (Version 2) L BOCC Recordable Doc Format (Version 2) BOCC Resolution Format (Version 2) ,'A contracts and Agreements @Personal Services Contract - over $75,000.00 (Version 21) @ Personal services contract - under $75,000.00 21 Mental Health Contracts @ Alcohol a d Drug services Contract. (Non-CDO) — —@Amendment mental Health Subcontract Form CDO Sub -Contract Chemic -d 10M Mental Health Sub -Contract Master Form 2003 8M di'l; LZJ @Mental Health Sub -Contract Required Attachment Express I Old Express I County Internet I Help Deschutes County Intranet(Express), 02004 Deschutes County, Oregon Questions and comments about this site are encouraged through the Web Help system. If you require a more immediate response the County Web Staff can be reached at 617-4762 or 317-3198 ht.t.n-//exnre.q-,mx/index.cfm?fii-,eaction=cF,xn.legaidocii-,t&category id=1&did=27 Exhibit— Page 0-1 o fcaQ ?- -7 C, 10 0 :5r(4,e - 11. INSURANCE. 11.1. In conjunction with all service performed under this agreement: A. Contractor shall obtain and maintain during the term of this contract General Liability insurance with a combined single limit, or the equivalent, of not less than $1,000,000 for each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the Indemnity provided under this Contract and shall be endorsed to name Deschutes County, its officers, agents, employees and volunteers, the State of Oregon, the Department and their divisions, officers, and employees as Additional Insured under the policy. Evidence of compliance with this requirement shall be submitted to County and OHP at the time of application and at any time there is a change to the existing policy. B. Contractor shall maintain automobile liability insurance of not less than the limits set forth below. Insurance shall provide coverage for any motor vehicle driven during the course of providing services under this agreement. $500,000, combined single limit, or 2. Split limits of $250,000 per person, $500,000 per occurrence and $100,000 property damage. C. Contractor shall maintain during the term of this Contract professional liability insurance with a combined single limit, or the equivalent, $1,000,000 for each claim, incident or occurrence to cover damages caused by error, omission, or negligent acts related to the professional services to be provided under this contract. The insurance policy shall name Contractor's business and any of the contractor's employees providing professional services under this contract. If the policy is written on a "claims made" basis, Contractor shall maintain coverage for three years following the termination of this contract. Contractor shall provided verification of Professional Liability Insurance at the time of application and at any time there is a change to the existing policy. Exhibit Page -2a, ofc2a V I f - > 4 1 Contractor (except city, county and state governments, school districts and other public entities) shall obtain and maintain at all times during the ten -n of this Contract a fidelity bond covering the activities of any person responsible for collection and expenditures of funds in accordance with OAR 309-13-020(7), "Expenses," subsection (b), "Audit Guidelines." Exhibit e) Page 10 of BASIC COUNTY CONTRACT PRINCIPLES 1. All contracts (this includes amendments to contracts) must be in writing. 2. No work can be performed before all parties sign the contract. 3. All contracts must be reviewed by Legal Counsel. 4. All contracts must be filed with the County Clerk. 5. No contract can be signed without a budget appropriation and cash available to pay the contract6r. 6. Only the Board of Commissioners can sign an agreement with a governmental entity (intergovernmental agreement) or grant agreement. No grant application may be made without Board approval. 7. Only Risk Management can waive insurance requirements. 8. Each Department is responsible for the management of its contracts. 9.Plan ahead. It may take weeks to get a contract completed. Start the renewal process for July I (fiscal year) contracts in April. 10. Independent contractors are not favored in the law. An independent contractor may later be deemed an employee of the County. 11. When a contract is terminated, renewed or amended, notify Finance if the contract has recurring payments. 12. Follow the contractor selection process applicable to the contract. See DCC Chapter 4.06 for persoal service contracts. Rules referenced are on line: http://arcweb.sos.state.or.us/ruies/OARS-1 00/0AR-1 37/137035.html 13. All contracts are numbered by Bonnie Baker, the Recording Secretary. 14. The Recording Secretary files all contracts with the Clerk. 15. County employees may not play any role in the award of a contract to a relative. 16. Contracts under $5,000 need not be awarded compleTtItively. The maximum under this category (for the whole County) in any one fiscal year is $25,000 for any one contractor. 17. Contracts between $5,000 and $10,000 must be awarded competitively if it is practical. 18. Contracts between $10,000 and $75,000 must be- awarded competitively based on written specifications. Quotes must be in writing. 19. RFPs for personal services need not be awarded to the lowest bidder. 20. Deschutes County uses the Model Rules for public contracting adopted by the Oregon Attorney General. These are available on line: http://arcweb-sos.state.or.us/rules/OARS 100/OAR.137/137-030.html hftp://arcweb.sos.state.or.us/rules/OARS-100/OAR-137/137-040.htmi 21. Competitive bidding is required for all contracts, other than personal services contracts, over $75,000. 22. Any contractor doing business with the County must maintain current registrations with the Secretary of State and, if applicable, the Construction Contractors Board. 23. Some classes of contracts require a notice of intent to award contract be sent to all bidders or proposers. 24. The award of all contracts by the County may be protested. The Board of County Commissioners hears protests. Exhibit Page -11�' of'!3(D P ? Chapter 2.36. LOCAL CONTRACT REVIEEW BOARD 2.36.010. Purpose -Statutory authority. 2.36.020. Creation and functions of board. 2.36.030. Model public contract rules. 2.36.040. Exemptions from competitive bidding. 2.36.050. Delegation. 2.36.010. Purpose -Statutory authority. The purpose of DCC 2.36 is to authorize the Board to perform the duties of a local contract review board in lieu of permitting the Public Contract Review Board to perform the functions of reviewing public contracts as required by Oregon Laws 1975, Chapter 77 1. (Ord. 203-8 § 1, 1976) 2.36.020. Creation and functions of board. The Board is designated a local contract review board to perform the functions of the Public Contract Review Board. (Ord. 203-8 § 2,1976) 2.36.030. Model public contract rules. The Attorney General's Model Public Contract Rules effective October 6, 1998, shall be the procedural rules of the local contract review board. Procedures for personal services contracts required by ORS 279.051 are set forth in DCC 4.06. (Ord. 98-092 § 1, 1998; Ord. 97-030 § 1, 1997) 2.36.040. Exemptions from competitive bidding. In addition to the exemptions from competitive bids or proposals set forth in ORS 279.015(l)(a)- (h) and 279.015(2) contracts may be awarded as follows: A. Contracts, other than contracts for personal services, may be awarded without competitive bidding pursuant to DCC 2.36.030 for the following classes of contracts: 1. Emergency contracts. Chapter 2.36 -3 o 2. Contracts $10,000 or over, but under $75,000, where competitive written quotes were obtained. 3. Contracts $5,000 or over, but under $10,000, where competitive written quotes were obtained or where it was not feasible to obtain competitive quotes under the circumstances. 4. Contracts under $5,000 need not be awarded competitively. B.; Where a contract is awarded under DCC 2.36-040, the department head or elected official awarding the contract shall document in the records of the County the quotes received, or if no quotes were received, the reason why it was not feasible to obtain quotes. C. Except for emergency contracts, the aggregate of all contracts awarded by the County under DCC 2.36.040(A)(3) where it was not feasible to obtain competitive quotes and DCC 2.36.040(A)(4) to any one contractor shall not exceed $25,000 in any one fiscal year. D. When competitive quotes are obtained, award of contract shall be to the lowest quote in conformance with the specifications. E. An oral quote received by telephone shall be considered a written quote when it is recorded in the records of the County. (Ord. 2000-012 § 1, 2000; Ord. 99-035 § 1, 1999; Ord. 98-092 § 1, 1998) 236.050. Delegation. A. Each County employee and elected official designated as a department head of the County is authorized to contract in an amount not to exceed $25,000 for each contract, provided sufficient sums are appropriated and unencumbered in the County budget and there are sufficient cash resources available to pay the maximum consideration set forth in each contract. B. The Administrative Services Director may award competitive bids and enter into contracts in an amount not to exceed $75,000 for any single contract. J -/--I 1-7 �J- Exhibit 1?7) Page "2�1\ of 'U 4) 1 1 V�l -31 Chapter 4.06. SCREENING AND qualifications to perform the required personal SELECTION services at a fair and reasonable price. PROCEDURESFOR (Ord. 96-065 § 1, 1996) PERSONAL SERVICE CONTRACTS 4.06.020. Definitions. For purposes of DCC 4.06, including the Model 4.06.010. Purpose. Rules adopted herein, unless otherwise apparent 4.06.020. Definitions. from the context, certain words and phrases used 4.06.025. Definition -Board. in DCC 4.06 are defined as set forth in DCC 4.06.030. Definition -Competitive bidding. 4.06.025-085. 4.06.035. Definition -Consultant. (Ord. 96-065 § 1, 1996) 4.06.040. Definition -Department. 4.06.045. Definition -Emergency conditions. 4.06.025. Definition -Board. 4.06.050. Definition -Model Rules. "Board" means the local contract review board 4.06.055. Definition -Performance history. for the County, as established by DCC 2.36. 4.06.060. Definition -Personal service (Ord. 96-065 § 1, 1996) contract. 4.06.065. Definition -Professional service 4.06.030. Definition -Competitive Bidding. contract. "Competitive bidding" means the solicitation of 4.06.070. Deflnition-PubUc contract. competitive offers which follow the formal 4.06.075. Definition -Public contracting process for advertising, bid and bid opening agency. required by ORS 279, and applicable rules of the 4.06.080. Definition -Sole source contractor. board. 4.06.085. Definition -Substantial cost (Ord. 96-065 § 1, 1996) savings, 4.06.100. Scope. 4.06.035. Definition -Consultant. 4.06.110. General appUcation. "Consultant" means a person or firm retained by a 4.06.120. Classes of personal service public contracting agency under a personal contracts. service contract to perform a service, provide 4.06.130. Bid -type contracts. analysis or render an opinion. "Consultant" shall 4.06.140. Screening and selection of -;---not be limited to professional service contractors personal service contracts. but shall apply to all personal service contractors. 4.06.150. Applicability. (Ord. 96-65 § 1, 1996) 4.06.160. Exempt classes of contracts. 4.06.170. Other exemptions. 4.06.040. Definition -Department 4.06.180. Alternative procedures for "Department" means any department of screening and selection. Deschutes County or inter -departmental team, work group, comn-tission or other body or individual authorized by the board to retain 4.06.010. Purpose. contractors in order to carry out an identified The rules codified in DCC 4.06 are promulgated function. pursuant to the authority granted to that Board of (Ord. 96-065 § 1, 1996) County Comn-fissioners by ORS 279, for the purpose of establishing a process for the 4.06.045. Deflnition-Emergency conditions. competitive selection of persons or firms to "Emergency Conditions" mean circumstances perform personal service contracts. 'Mis process creating a substantial risk of loss, damage, is intended to result in the selection of the most interruption of services or threat to public health qualified contractor for the job based on the or safety that could not have been reasonably contractor's demonstrated competence and foreseen and requires prompt execution of a contract to remedy the condition. Chapter 4.06 Exhibit Page.32— Of (Ord. 96-065 § 1, 1996) 4.06.050. Definition -Model Rules. "Model Rules" means the Model Rules for Public Contracting Agency Screening and Selection of Persons to Perform Architectural and Engineering Personal Service Contracts which are contained in the Oregon Administrative Rules Chapter 137, Division 35, Sections 000 through 080 (OAR 137-35-000 to 137-35-080). (Ord. 96-065 § 1, 1996) 4.06.055. Definition -Performance history. "Performance history" means the demonstrated quality, completeness, professionalism, reliability or other relevant factors of a contractor's performance on past projects based on the public contracting agencys direct experience or the reported experiences of other public or private clients reasonably relied upon by the agency. (Ord. 96-065 § 1, 1996) 4.06.060. Definition -Personal service contract. "Personal service contract" means any service contract aimed predominately at obtaining a service, as opposed to a product, where such service requires the contractor to exercise a high degree of tecImical skill or professional judgment and expertise and for which selection of the contractor is more appropriately based on the contractor's qualifications, including but not limited to ' experience, training, knowledge and expertise, technical sIdll, creativity, artistic ability, performance history, and demonstrated ability to exercise sound professional judgment, rather than the price of service. (Ord. 96-065 § 1, 1996) 4.06.065. Definition -Professional service contract. "Professional service contract" means a personal service contract for the services of an independent contractor acting in a professional capacity. (Ord. 96-065 § 1, 1996) 4.06.070. Definition -Public contract. "Public contract" means any purchase, lease or sale of personal property, public improvements or Chapter 4.06 2 services other than agreements which are exclusively for personal services. (Ord. 96-065 § 1, 1996) 4.06.075. Dermition-Public contracting agency. "Public contracting agency" or "public agency" or Itagency" means any agency of the State of Oregon, political subdivision thereof, or public body created by inter -governmental agreement which is authorized by law to enter into public contracts. (Ord. 96-065 § 1, 1996) 4.06.080. Definition -Sole source contractor. "Sole source contractor" means a contractor providing a particular service and/or level of expertise of such a unique nature, limited availability at the desired location, or superior quality that the public contracting agency may reasonably consider the contrac ' tor as . the only practicable source for the service. (Ord. 96-065 § 1, 1996) 4.06.085. Definition -Substantial cost savings. "Substantial cost savings" means a savings in the contract price, which in the reasonable judgment of the department or board, is significant, and which is reasonably expected to result from the —award of the contract to a particular contractor due to factors such as the type of service, contract price in relation to administrative cost, local availability of the service, and other factors as the department or board may deem appropriate. (Ord. 96-065 § 1, 1996) 4.06.100. Scope. DCC 4.06 establishes guidelines to assist departments in deten-nining whether the procedures provided herein can be appropriately utilized, in lieu of competitive bidding pursuant to ORS 279, for the selection of contractors. (Ord. 96-065 § 1, 1996) 4.06.110. General application. The process established herein may be utilized for the - selection of contractors under the following circumstances: Exhibit Page ,_�O�f� A. The department intends to award the contract primarily on the basis of I - The contractor's qualifications including, but not limited to, experience, training, knowledge and expertise, technical skill, creativity, artistic ability, performance history, and demonstrated ability to exercise sound professional judgment and produce quality work; or 2. The quality of the contractor's proposed scope of work including, but not limited to, the proposal's clarity, brevity, thoroughness, creativity, and demonstrated understanding of the project; and B. Ile price of the contract will be, at most, a secondary criterion in the selection process; and C. Selection of the contractor on the basis of the qualifications or proposed scope of work, rather than lowest price, is reasonably expected to result in the department obtaining the best service for the money; and D. The department is reasonably unable to develop adequate design and/or performance specifications for a contract and requires the contractor's training, knowledge and expertise to develop an appropriate scope of work statement; or E. In the event that a contract, other than a personal service contract, has been exempted from competitive bidding pursuant to ORS 279.015(2) and DCC 4.04.080 or ORS 279.015(3) and DCC 4.04.090, and one of the screening and selection methods described in DCC 4.06 could be appropriately utilized. (Ord. 96-065 § 1, 1996) 4.06.120. Classes of personal service contracts. Personal service contracts may include, but are not limited to, - contracts with the following classes of service providers: A. Professionals performing as independent contractors including, but not limited to, accountants, - financial consultants, attorneys, architectural or design consultants, land use Chapter 4.06 33 planning consultants, physicians or dentists, psychologists or psychological counselors, engineers, - appraisers or surveyors, data processing consultants, or consultants in biology, chemistry, geology, environmental, or other science. B. Non-professional consultants. C. Educational and human services care providers. D. Other specialized non-commercial service providers including, but not limited to, writers, public relations specialists,. landfill and recycling facility operators, or hazardous waste specialists. E. Artists in the perfortning or fine arts, including, but not limited to, photographers, filmmakers, painters, weavers, or sculptors. F. Other services or classes of service which the Board of County Commissioners by resolution may designate as personal services. (Ord. 96-065 § 1, 1996) 4.06.130. Bid -type contracts. The following classes of contracts are NOT personal service contracts: A. Contracts predominately for a product, as opposed to a service, even if the contractor performs in a professional capacity. B. Service contracts, including contracts with temporary service or personnel agencies, to supply labor which is of a type that can generally be done by any competent worker including, but not limited to, data entry, janitorial services, landscape maintenance, window cleaning, or guard security. C. Contracts for trade -related projects considered to be labor and materials contracts. D. Contracts for services in a trade -related prcject� to accomplish routine, continuing and necessary fimctions, even though a specific license is required to engage in the activity including, but not limited to, Exhibit Page ��O�faE-- vehicular and structural repair and/or maintenance. (Ord. 96-065 § 1, 1996) 4.06.140. Screening and selection of personal service contracts. Except as otherwise provided in DCC 4.06, the screening and selection of persons or firms to provide personal service contracts shall be performed according to the Model Rules contained at OAR 137-35-000 to 137-35-080, which are incorporated herein by this reference. Where the informal selection procedure is required, a department may issue ' a request for qualifications to rank consultants for purposes of contract negotiations. The solicitation may be sent to fewer than five prospective consultants if the required number cannot be reasonably located. A department need only select and rank the three most qualified consultants if it receives a sufficient number of proposals, and may otherwise select a lesser number for purposes of contract negotiations. Nothing contained in the Mddel Rules or DCC 4.06 shall be construed so as to limit a department's ability to utilize a more formal or intensive selection procedure than the minimum procedure otherwise required. (Ord. 96-065 § 1, 1996) 4.06-150. Applicability. Where the terms "architectural or engineering services" or "architectural or engineering personal service contract" are used throughout the Model Rules, the particular requirements containing these terms shall apply to the type of professional or other personal service sought by a department. Where experience or expertise in "architecture," fiengineering," or "construction" is suggested or required by the Model Rules, experience and expertise that is relevant to the t3W of professional or other personal service sought by the department shall satisfy the particular requirement. Where the Model Rules require the public contracting agency to review proposals according to "proposed solutions to any perceived design Chapter 4.06 q� and constructability problems," the consultant's "design philosophy," or a "design competition," the department shall substitute and utilize criteria that are relevant to the type of professional or other personal service sought by the department. Where the Model Rules establish requirements for any "state public contracting agency," such requirement shall NOT be applicable to the County, board or any department unless otherwise provided herein. (Ord. 96-065 § 1, 1996) 4.0.6.160. Exempt classes of contracts. A. The selection of persons to perform personal services for the following classes of contracts shall be exempt from applicable procedures established by DCC 4.06: 1. Maintenance, repair and technical support for computer hardware, software and networldng systems. 2. Maintenance, repair and technical support for central telephone system. 3. Legal representation to assist County Counsel. 4. Environmental assessment. 5. Real estate appraisal. 6. Mental health services provided by a psychologist, psychiatrist or psychiatric nurse practitioner. _,a_ -(Ord. 96-065 § 1, 1996) 4.06.170. Other exemptions. Additionally, the Board of County Commissioners may, by ordinance, exempt other classes of personal service contracts or, by resolution, exempt individual personal service contracts from the requirements of DCC 4.06 upon approval of any of the following findings submitted by the department seeldng the exemption: A. Emergency Conditions. Emergency conditions exist that require prompt execution of the contract; or B. Sole Source Contractor. 1. The consultant sought by the department has been reasonably established as a sole source contractor; and 4 Exhibit a) -!!�o Page 3� of L 2. The awarding of the personal service contract pursuant to the exemption is reasonably expected to result in the selection of the most qualified consultant at a fair and reasonable price; or C. Unique Relationship/Experience. I . The department has established over time a unique relationship with the desired contractor which: a. Gives the particular contractor a level- of experience and/or expertise which renders the contractor uniquely suited for the work- and b. Makes it possible f6r the department to obtain a superior quality of service from the particular contractor; and c. Is reasonably expected to result in substantial cost savings to the department and/or County; and 2. The experience and/or expertise acquired by the contractor in the course of the relationship make it reasonably likely that the contractor would be selected to Perform the service if standard selection procedures were utilized; and I The benefits to the department and County derived from the exemption, including superior service * and cost savings, significantly . outweigh any adverse effect on competition; or D. General Exemption. I - It is unlikely that the exemption will encourage favoritism in the awarding of personal . service contracts or substantially diminish competition for these contracts; and 2. The awarding of a personal service contract pursuant to the exemption will result in substantial cost savings to the department or County. (Ord. 96-065 § 1, 1996) 4.06.190. Alternative procedures for screening and selection. The following alternative procedures may be utilized for the screening and selection of persons to perform personal services under any class of contract or individual contract exempted pursuant to DCC 4.06.160 and DCC 4.06.170 herein: Chapter 4.06 35- A. Direct Appointment. The department may utilize the direct appointment procedure provided in the Model Rules; or B. Board Approved Procedure. The department may utilize any alternative method not provided in the Model Rules, or a modified form of any method provided in the Model Rules, approved by the Board of County Commissioners in the resolution or ordinance required by DCC 4.06.170 herein. (Ord. 96-065 § 1, 1996) Exhibit Page�.210 of�- Infraction/ Violation Class Year I Point Value Year 2 Point Value Year 3 Point Value Year 4 Point Value Year 5 plus Point Value IA (VA) 10 9 8 7 6 113 (V13) 7 5 4 3 Ic (VC) 5 4 3 2 1 ID (VD) 4 3 2 1 0 Misdemeanor Class MA 35 30 25 20 15 MB 30 25 20 15 12 mc 25 20 15 12 10 Felony Class FA - Unacceptable Unacce able Unacceptable Unacceptable Unacceptable FB - Unacceptable Unacceptable Unacceptable Unacceptable Unaccepta le FC Una table Unacceptable Unacceptable I Unacceptable FELONY CLASS CONVICTIONS (Year 6+ Point Value) A (FA) = 13 B(FB)= 11 C (FQ = 9 RATING: 0-15 = ACCEPTABLE 16-20 = PROBATION 21+ = UNACCEPTABLE RISKMAN/DRIVING/Driver Rating Scale Exhibit Page --L of I DATE: January 11, 2005 TO: Information Technology Department Personnel Department Legal Counsel FR1 CO SU, The rev� cha oth N in wing unless ty to �ce -.ernal all ,e fund Y nner, .n their charges. The Board of County Commissioners (Fund 1, Dept 8) will continue to be excluded from internal service fimd charges. Internal service fund charges are not allocated to other internal service funds. This practice will continue. However, internal service funds should track and provide an estimated cost of these services to those internal service funds. This information will be used if those internal service ftmds develop outside billing rates. Exhibit Page --�— Of 9 3. The questioned direct expenses within some of the internal service fund budget will remain. 4. Many of the allocation bases are based on budgeted amounts. This practice will continue. 5. Information technology (IT) will be phasing in modifications to their hardware allocation approach over the next five years. 6. IT's internal and external billing rates are understated. Charge,rates applied to time incurred will be increased based on additional costs for supq,j*,',Tkbn and overhead over the anticipated available charge hours. This will be,A`6de effective for the 06/07 budget cycle. ey will 7. Finance's allocation methodology will not be cl, 409 continue to monitor their modifications to ex e itures t y are reasonable. U'0,2,5% of budgeted FTE (Full Time 8. Legal's allocation methodology will be based Equivalent employees) and 75% actu, )r t �&,most recent 12 months. Legal h I d d service will be billing any outside service ji c c �s i t ey are nql j,ac u e 1 1 fund charges. 9. In an effort to have better ability to as48,ks Bp oiffk*� internal service departments, the Boofffllg,' 4—sking the int6MAM service"d'partments to address N'X department conce�, . 'S' � v� n addition, internal service departments, .0",s rais� �-ihthe surveyN. f\Z �X as well as operdfiN, �',',departrff6hts, will be aiLqd to develop three (3) performance measures. 10. The Q,,16ffif be add-ji#g, any additional indirect costs. Sincerely; DESCHUTES'010UNTY WARD OF COMMISSIONERS Tom DeWolf, Chair Dennis R. Luke, Commissioner Michael M. Daly, Commissioner Exhibit Page of Q -00 — Q- 7 5 Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org ADMINISTRATIVE LIAISON AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 9:00 A.M., TUESDAY, JANUARY 11, 2005 PLEASE NOTE DIFFERENT DATE AND TIME. 1. Discussion of Request for Additional Personnel — Scot Langton, Assessor 9:15— 9:30 2. Communications Update — Anna Johnson 9:30— 10:00 3. Project Update — Susan Ross 4. Other Items 5. Executive Session, under ORS 192.660(l)(h), pending or threatened litigation