2008-529-Minutes for Meeting January 17,2007 Recorded 4/15/2008COUNTY OFFICIAL
NANCYUBLANKENSHIP, COUNTY CLERKDS CJ 2008'529
COMMISSIONERS' JOURNAL 04/15/2008 08:30:58 AM
III III IIIIIIIIIIIIIIIIIIII I III
20 8-529
Do not remove this page from original document.
Deschutes County Clerk
Certificate Page
If this instrument is being re-recorded, please complete the following
statement, in accordance with ORS 205.244:
Re-recorded to correct [give reason]
previously recorded in Book
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Es C7
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0 ~
Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
MINUTES OF ADMINISTRATIVE WORK SESSION
DESCHUTES COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, JANUARY 17, 2007
Present were Commissioners Dennis R. Luke, Mike Daly and Tammy Baney. Also
present were Dave Kanner, County Administrator; Teresa Rozic, Property
Management; Susan Ross and Anna Johnson, Commissioners' Office; and, for part
of the meeting„ Steve Jorgensen, Community Development; Scott Johnson, Mental
Health Department; Tom Blust, Road Department; Mark Amberg, Legal Counsel;
Paul Stell, Bend Metro Park & Recreation District; and media representative
Keith Chu of The Bulletin.
The meeting began at 1: 30 p. m.
1. Discussion of a Proposal from Bend Metro Park & Recreation District
regarding a Trail Easement on County-owned Property.
Paul Stell said that completion of the Haul Road Trail is sought. Commissioner
Luke asked if the County had any liability exposure if the easement is granted.
Mr. Stell indicated that the District's attorney said that statute covers this issue;
indemnity covers where recreation occurs if no fee is charged.
Mr. Stell also indicated that additional land would need to be set aside for a
future roundabout.
Commissioner Luke asked about the possibility of trading for property in
another location. Steve Jorgensen said that they want to bring the trail as close
to the right-of-way as possible. Susan Ross indicated that this is important for
economic development and visitors.
A lengthy discussion then occurred. Commissioner Luke stated that perhaps
the County could sell the property to the District on a land sale contract; this
would give some bargaining power with the City and the Entrada Lodge.
Minutes of Administrative Work Session Wednesday, January 17, 2007
Page 1 of 4 Pages
Ms. Ross asked if the property needed to be appraised. Mr. Kanner replied that
there is no value except to the Entrada Lodge, and the easement would not
reduce the value. He added that he would go back to the Director and the Board
with the concept of a sale or exchange, and would then work with staff. It is
anticipated this will take at least a month.
2. Discussion of Cascade Child Center.
Scott Johnson said that there have been changes in service delivery regarding
Oregon Health Plan funding through ABHA. This funding is for services to
children with serious mental health issues; it is thought to be best for them to
remain in their own homes instead of in residential treatment facilities.
The County is relying on its partners, Trillium and Cascade Child Treatment
Center.
3. Update on Road Maintenance Intergovernmental Agreement with Crook
County.
Tom Blust stated that this would be a formal agreement to cover the general
process. It will then be easier to track costs. It is likely a similar agreement
will be used with other entities.
LUKE: Move approval of the agreement, subject to legal review and Crook
County signatures.
BANEY: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
4. Economic Development Grant Requests.
None were addressed.
Minutes of Administrative Work Session Wednesday, January 17, 2007
Page 2 of 4 Pages
5. Update of Commissioners' Schedules; Meeting Details.
Mr. Kanner noted that Board meeting times are listed in Code and this needs to
be changed to allow flexibility. Also, the chain of succession for local
emergency situations should be as follows: The Board Chair, the County
Administrator and the Sheriff. Commissioner Luke asked if this aligns with
Oregon Emergency Services. Commissioners Baney and Daly wish to have
some time to review this information.
6. Other Items.
Mark Amberg explained that there are changes at the State level regarding a
HIDTA Director. HIDTA funds can be used for liability coverage to protect the
County. Funding comes from the federal government but is administered by
local law enforcement agencies; this is more efficient.
Mr. Kanner added that a background check was done, and a service agreement
is the easiest.
LUKE: Move authority for Legal to contract regarding the HIDTA position.
BANEY: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
The Board then went into executive session under labor negotiations/litigation
and real property negotiations. After executive session, the following motions
were made. (Commissioner Daly left the meeting at this time)
BANEY: Move to authorize Legal Counsel and the County Administrator to
negotiate changes in a union grievance.
LUKE: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
BANEY: Move to authorize negotiations to proceed on the Bethlehem Inn
proposal.
LUKE: Second.
Minutes of Administrative Work Session Wednesday, January 17, 2007
Page 3 of 4 Pages
VOTE: BANEY: Yes.
LUKE: Yes.
Being no further discussion, the meeting adjourned at 3: 30 p. m.
DATED this 17th Day of January 2007 for the Deschutes County Board
of Commissioners.
ATTEST:
Recording Secretary
Minutes of Administrative Work Session Wednesday, January 17, 2007
Page 4 of 4 Pages
4X4~'el
---'AP7
Tammy aney, Com 9soner
G
Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
WORK SESSION AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
1:30 P.M., WEDNESDAY, JANUARY 17, 2007
1. Discussion of Proposal from Bend Metro Park & Recreation District - Trail
Easement on County Property - Paul Stell, Steve Jorgensen
2. Discussion of Cascade Child Center - Scott Johnson
3. Update on Road Maintenance Intergovernmental Agreement with Crook
County - Tom Blust
4. Economic Development Grant Request(s) - Susan Ross
5. Update of Commissioners' Schedules; Meeting Details
6. Other Items
PLEASE NOTE:
At any time during this meeting, an executive session could be called to address issues relating to: ORS 192.660(2) (e), real
property negotiations; ORS 192.660(2) (h), pending or threatened litigation; or ORS 192.660(2) (b), personnel issues
Meeting dates, times and discussion items are subject to change. All meetings are conducted in the Board of Commissioners
meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated.
lfyou have questions regarding a meeting, please call 388-6572.
Deschutes County meeting locations are wheelchair accessible.
Deschutes County provides reasonable accommodations for persons with disabilities.
For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY.
Please call (541) 388-6571 regarding alternative formats or for further information.
03/13/2008 18:26 5413173168 DESCHUTES_COUNTY PAGE 01
UGI..l1J Meet o
M&Roaeatbn
Mod
Planning and Development
1675 SW Simpson
Bend, OR 97702
541/388-5435
FAX 541/388-3613
Mr. Dave Kanner
County Administrator
Deschutes County
133 NW Wall St.
Bend, Oregon 97701
December 22, 2006
SUBJECT: Proposal for a BMPRD Trail Easement across County Land
Mr. Kanner,
I'd like to bring you up to date on the process and discussions that have been going on since
before you were hired at the County. As you know, I'm pretty fresh in my position over here at
the Bend Metro Park and Recreation District (District), so I've had to do a bit of background
work to understand where we are in the process to try and relocate our Haul Road Trail. This
trail is part of the City's Transportation System Plan. The trail and properties in question are
located between the Braebum Development and the Entrada Lodge on the south side of
Century Drive just within the Send UC3B.
1 believe you are out of the office until next year, so I'd appreciate the opportunity to have a
meeting with you, and the Commissioners if necessary, sometime after the 1s1 to discuss our
situation. I believe we may be able to work directly with you (County) to lessen any likely City
land use requirements, and create a win-win scenario for both our properties. I've described the
background and situation below to the best of my knowledge. Please review the information in
this letter and take a look at the maps I've attached.
Background
As you can see from the existing conditions" map, the current Haul Road Trail (red cinders)
traverses the District's parcel along the front of the Braeburn residential subdivision, crosses
Bachelor View Drive (private road easement), then enters Entrada Lodge property and
ultimately terminates directly into the Lodge's parking M. This latter situation is primarily the
issue we'd like to correct. Trail users are cycling/walking through the parking lot and in some
instances may be disrupting operations or trespassing at the lodge, or illegally parking and
using the Lodge property as a trallhead. The proposed Cascade Highlands Destination Resort
is located directly across Century Drive from the trail.
The District originally proposed that the existing trail be relocated nearer to Century Drive and
travel across the front portion of the Entrada Lodge property, then tie directly into the Forest
Service Trail network adjacent to the south side of the Entrada Property. This trail relocation
would have required the County to provide an easement across their property (taxlot 18-11-12-
0000300). As I understand it, a meeting was held between District staff and Administrator Maier
and at least Commissioner Luke, and possibly several other staff to discuss this easement
option. At that time, Commissioner Luke felt it was not inn the best interest of the County to
give away an easement without receiving anything in return. The suggestion was made that
perhaps the District and the County could effect a lot line adjustment and do a property swap to
Page 1 of 3
1/10/2007
03/13/2008 18:26 5413173168 DESCHUTES_COUNTY PAGE 02
.y
give the District land along Century Drive and the County would acquire a portion of the former
District parcel.
The District considered this option and contracted Hickman Williams and Associates Engineers
(HW&A) to survey the parcels and develop a proposal for a land swap and lot line adjustment.
Once completed, HW&A approached the City Engineering Dept. for their comments. The City
had no problem with the concept of the lot line adjustment, but felt that as a part of this
proposal, the District would need to dedicate 60' of new right-of-way (ROW) for Bachelor View
Drive and construct a portion (if not all of our frontage) of the road to some City residential street
standard. The County would also need to dedicate a 30' portion of ROW for future Bachelor
View Drive as well. Bachelor View Drive is currently a private road on a 15-foot easement
serving several rural residential properties.
Subsequent to that City Engineering staff direction, District staff met with City Manager
Anderson and Public Works Director puller to better understand the City's position and need to
have new ROW dedicated and a partial road built as a result of a simple trail relocation. I
believe there was agreement at that meeting that the ROW dedication and road construction
was perhaps an unreasonable request given the nature of the District proposal.
Current Status
After the meeting with Mr. Anderson and Mr. Fuller, District Staff contacted Mr. Magee via e-
mail to clarify the land use process we were to follow and get a verification of requirements.
The result was that the Engineering staff was apparently still uncomfortable with our proposal
unless It Included ROW dedication and road Improvements. We then requested another
meeting with Bend City Engineer Michael Magee, which took place this past Tuesday the IV ,
he informed us that their staff was concerned that the surrounding private properties would be
redeveloped someday and If we did not dedicate ROW and' begin the road construction, no one
would be responsible for this connection. In addition, although it's not budgeted nor on any
capital improvement plan, he also told us that there will likely be a new roundabout at the
intersection of Bachelor View Drive and'Century Drive (and the new extension of Skyline Ranch
Road from Cascade Highlands) someday, although it was not required and will not be built by
Cascade Highlands as a condition of their resort development. There will also need to be a 10-
foot dedication of ROW from property fronting Century Drive given the fact that it is substandard
at 60' and really needs 80' of ROW. Therefore, as a result of our proposed lot line adjustment
and property swap, the City will be requiring over'/ acre's worth of new ROW dedication, and
the construction of some portion of Bachelor View Drive to some as yet unidentified City street
standard. (See "Possible City exactions" map)
Frankly, I'm concerned that the City is using our minor land use action to leverage
Improvements that don't have any relationship to our trail nor make any sense from a "rough
proportionality" perspective in regards. to the Supreme Court decision in "Dolan vs. City of
Tigard".
Proposal
Given City Engineering's hard line stance on dedications and Improvements, I'd rather not
foster/create ill will and force possible litigation between public agencies if I can avoid it. My
suggestion to District staff is that we re-visit the idea of a 15-foot trail easement across County
land. We are really not trying to develop any new trail that is not already in place, but rather
improve our relationship with the Entrada Lodge ownership such that we can continue to enjoy a
Primary trail connection. The movement of the trail will enhance its utility to users and allow us
to sign it appropriately. I'd propose an alignment as shown in the attached map ("conceptual
Pago a of 3
1/10/2007
03/13/2008 18:26 5413173168 DESCHUTES_COUNTY PAGE 03
trail easement) that leaves the existing District property, curves north onto a County easement,
then crosses the existing 15' private. easement for Bachelor View Drive at the approximate
location of where a crossing would be if an eventual roundabout were to be installed. From
there, the trail would curve farther north on a County trail easement as close to Century Drive as
is practical. It would leave the County easement, and transition to a new easement across
Entrada Lodge property. To me this is the simple solution. In my opinion it does not diminish
the value of the County property to any measurable extent, yet provides some certainty as to
what is developable in the future and establishes a crossing of Bachelor View Drive that will not
need to be significantly relocated in the future as well. The district would provide the new trail
construction and also destroy the old segments of trail leading to the Entrada parking lot.
If you have any questions regarding my comments, please don't hesitate to contact me at
388-5435 Ext. 31, 948-4239 or at §teyq@bendpadSsa0g[§c.org
Sincerely,
Steve Jorgensen
Planning Manager
Bend Metro Park and Recreation District
Page 30f3
1/10/2007
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MEMORANDUM
DATE: January 9, 2007
TO: Dave Kanner, County Administrator
FROM: Tom Blust, Director
Road Department
61150 SE 27th St. • Bend, Oregon 97702
(541) 388-6581 • FAX (541) 388-2719
RE: January 17th Administrative Work Session
Road Maintenance IGA between Crook and Deschutes Counties
Background:
Crook County and Deschutes County desire to enter into an Intergovernmental Agreement
(IGA) for the sharing of road maintenance services and equipment. The proposed IGA will
formalize the sharing of these services that has taken place for years through unwritten
agreements.
Discussion:
ORS 190 provides for local governments to enter into written agreements for the performance
of functions and activities that parties to the agreement have the authority to perform. This
IGA outlines the authority and responsibilities of both parties related to the cooperative
sharing of personnel, equipment and materials for road maintenance services.
Many road maintenance activities that are performed by adjoining counties can be
accomplished most cost effectively by cooperative sharing of services and/or equipment. For
many years Deschutes County and Crook County have worked cooperatively to efficiently
maintain their respective road systems.
Examples of cost-saving cooperative services include:
Paint striping - Deschutes County owns a paint striping truck, which is an expensive,
specialized piece of equipment, and requires specially trained operators. The capacity
of the paint truck to stripe roads during striping season exceeds Deschutes County's
needs. Rather than have this expensive equipment sit idle, paint striping services can
be performed for other jurisdictions. This saves Crook County the expense of owning
a paint truck and benefits Deschutes County by defraying the equipment cost through
payment of the rental rate (rate includes equipment depreciation costs).
IGA Road Maintenance
January 9, 2007
Page 2 of 2
• Snow plowing/sanding - there are a number of roads that can be plowed more
efficiently by the other jurisdiction due to geographic location (e.g. Alfalfa Mkt. Road,
Millican Road).
Equipment sharing - there are times when the parties need to borrow certain
specialized equipment for short periods of time. Borrowing equipment eliminates the
need to purchase equipment which may not be fully utilized. There are also situations
where equipment borrowing helps during an equipment breakdown (this happened last
year when our chip-spreader broke down during a crucial time and we were able to
borrow Crook County's spreader until we had time to complete repairs to our
spreader). In most instances borrowing from another jurisdiction is more cost
effective than leasing or renting from the private sector.
These are but a few examples of cost-savings that can be realized through cooperative sharing of
services.
Recommendation:
The proposed IGA will be an ongoing agreement (does not contain a termination date).
Memorializing the cooperative efforts that have worked well for both counties over the past
years will be of great benefit and assure that the cost-effective delivery of services will continue
into the future.
The Road Department recommends Board approval of the Intergovernmental Agreement
between Deschutes County and Crook County for flexible road maintenance services.
"Enhancing the lives of citizens by delivering quality services in a cost-effective manner. "
INTERGOVERNMENTAL AGREEMENT
FLEXIBLE MAINTENANCE SERVICE
This agreement is made and entered into by and between DESCHUTES COUNTY, a political
subdivision of the State of Oregon, hereinafter referred to as "Deschutes," and CROOK
COUNTY, a political subdivision of the State of Oregon, hereinafter referred to as "Crook."
RECITALS
1. By the authority granted in ORS 190.010, a unit of local government may enter into a
written agreement with any other unit or units of local government for the performance of any or
all functions and activities that a party to the agreement, its officers or agencies, have the
authority to perform.
2. Pursuant to said authority, Deschutes and Crook find it beneficial to both counties and
wish to share road maintenance responsibilities, equipment and service, including, but not
limited to, plowing, sanding, application of chemical anti-ice or de-icing agent to the road surface
to prevent or minimize icing conditions and road striping, collectively referred to as
"maintenance service."
Now, therefore, the premises being in general as stated in the foregoing recitals, it is agreed by
and between the parties hereto as follows:
TERM OF AGREEMENT
This agreement shall take effect upon execution by the parties and, unless sooner
terminated as stated below, shall continue indefinitely.
TERMINATION
This agreement may be terminated by mutual written consent of the parties or by either
party upon thirty (30) days notice, in writing, delivered by certified mail or in person.
Termination of this agreement shall not affect any obligations or liabilities accrued prior to
termination. Upon termination, costs shall be tallied and any balance owed to either party shall
be paid in a mutually agreed upon method.
SCOPE OF WORK
Work to be performed under this agreement shall include, but not be limited to, plowing,
sanding, application of chemical anti-ice or de-icing agent to the road surface to prevent or
minimize icing conditions and road striping, collectively referred to as "maintenance service."
REQUESTS FOR MAINTENANCE SERVICE
Maintenance service requests shall be made by telephone, written or electronic
correspondence, or radio. Oral requests shall be followed by a written request within five (5)
working days in the form of a work order.
REIMBURSEMENT
1. Deschutes shall track and compile all costs incurred while performing road maintenance
service on Crook County roads. Deschutes' costs for equipment and service shall be based on
rates used for its internal financial management of personnel, materials and equipment.
Deschutes shall keep Crook informed of incurred costs.
2. Crook shall track and compile all costs incurred while performing road maintenance
service on Deschutes County roads. Crook's costs for equipment and service shall be based on
rates used for its internal financial management of personnel, materials and equipment. Crook
shall keep Deschutes informed of incurred costs.
3. Periodically, but not less than once per fiscal year, the parties shall compare costs for
uniformity. In the event there is a balance due to one of the parties, Crook and Deschutes may
exchange road maintenance service or funds as needed to balance the incurred costs by the
end of each fiscal year.
4. Under no circumstance shall either party's total obligation to the other party exceed
$125,000.00 in any fiscal year.
{
ASSIGNMENT OF PERSONNEL L
Deschutes shall assign discrete tasks to Crook employees who are assigned to assist
Deschutes and Crook shall assign discrete tasks to Deschutes employees who are assigned to
assist Crook; but such assignment shall extend only to shared work assignments. However, in
no event shall Deschutes employees be considered Crook employees, and in no event shall
Crook employees be considered Deschutes employees for any purpose. Each party retains the
right to direct and control the manner in which that party delivers services under this Agreement
and the right to direct and. control. the activities of its employees when providing services under
this Agreement.
EQUIPMENT AND"SERVICE
1. Each party shall make available to the other party vehicles, equipment, machinery,
employees, and related items and service in the manner and on the terms and conditions
provided herein.
2. Service and equipment shall be provided upon reasonable request at mutually
convenient times and locations. Each party retains the right to refuse to honor a request if the
equipment is needed for other purposes, if providing the equipment would unduly inconvenience
the party or if, for any reason, the party determines in good faith that it is not in its best interest
to provide a particular item or service at the requested time. The party providing the equipment
shall determine whether an operator will be provided with the equipment.
3. The party receiving the equipment shall take proper care in the operation, storage and
maintenance of the equipment. Equipment shall be used only for its intended purpose. The
party using the equipment shall only permit the equipment to be used by properly trained,
licensed and supervised operators and shall be responsible for equipment repairs, loss or
destruction resulting from any misuse or negligent operation of the equipment. The party using
the equipment shall perform and document required maintenance checks prior to and after use
and shall provide routine daily maintenance of equipment during the period for which the
equipment is in the party's possession. The party using the equipment shall notify the party
owning the equipment if equipment is due for preventative maintenance while in possession of
the requesting party; however, the party using the equipment will not perform scheduled
preventative maintenance unless requested by the equipment owner. If the party using the
equipment performs preventative maintenance, that party shall record mileage/hours when
service was performed and shall provide a copy of such record to the owner of the equipment.
All equipment and unused materials or supplies provided by a County, upon return to the
providing County, shall be returned in the same condition as originally provided, reasonable
wear and tear excepted.
4. The parties shall provide equipment storage space to each other, at no charge, when
requested and mutually convenient. It is recognized that such storage is for the benefit of the
party requesting storage. The party storing the equipment shall be responsible only for
providing a reasonably safe and secure area for equipment storage, and shall not be liable to
the other party for any loss or damage to any shared equipment.
5. The parties shall endeavor to provide equipment in good working order and to inform the
party using the equipment of any information or instructions reasonably necessary for the proper
operation and care of the equipment. Equipment is provided "as is" with no representations or
warranties as to its fitness for a particular purpose. The party using the equipment shall be
solely responsible for selecting the proper equipment for its needs and for inspecting the
equipment prior to use. The parties acknowledge that they are not in the business of selling,
leasing, renting or otherwise providing equipment to others and that the parties are acting only
for their mutual convenience and efficiency.
6. Deschutes will complete equipment inspection forms at the start of each shift when using
equipment owned by Crook. Crook will provide the inspection books that are located in each
piece of equipment.
7. Crook will complete equipment inspection forms at the start of each shift when using
equipment owned by Deschutes. Deschutes will provide the inspection books that are located
in each piece of equipment.
8. Fuel for vehicles and equipment shall be provided by the party using the equipment
during the period in which the equipment or vehicle is in the party's possession.
9. Each party is responsible for providing and maintaining current insurance policies on
their respective equipment.
GENERAL PROVISIONS
1. Deschutes and Crook are subject employers under the Oregon Worker's Compensation
Law and shall comply with'ORS 656.017, which requires worker's compensation insurance for
their subject employees.
2. Each party hereby grants authorization to the other party to enter into county right-of-
way for the purposes of performing the maintenance services under this Agreement.
3. Each county shall be responsible exclusively with respect to their employees for
providing equipment, related benefits and deductions required by law, including, but not limited
to, federal and state income tax deductions, worker's compensation coverage, and retirement
plan contributions. Nothing in this Agreement is intended or shall be construed to create the
relationship of employer and employee between the parties.
4. Neither party shall enter into subcontracts for any of the work scheduled under this
Agreement without obtaining prior written approval from the other party.
5. The parties shall comply with all federal, state and local laws, regulations, executive
orders and ordinances applicable to the service provided pursuant to this Agreement.
6. This Agreement is expressly subject to the debt limitation of Oregon counties as set forth
in Article XI, Section 10, of the Oregon Constitution, and is contingent upon funds being
appropriated therefore. In the event sufficient funds are not appropriated for the payment of
consideration required to be paid under this Agreement, and if either party does not have funds
legally available for consideration from other sources, then either party may terminate this
Agreement in accordance with the termination provision of this Agreement.
7. Each party agrees that no person shall, on the grounds of race, color, sex, age, national
origin, marital status, religion, political affiliation, or physical or mental disability (if reasonable
accommodation can be made for any such disability), or on the ground of any other
classification protected by Federal or Oregon law, suffer discrimination in the performance of
this agreement when employed by either party. Each party 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), as amended, ORS 659A.142, and all regulations and administrative rules
established pursuant to those laws.
8. Neither party is, by virtue of this agreement, a partner or joint venturer with the other
party in connection with activities carried out under this agreement, and shall have no obligation
with respect to any debts or any other liabilities of the other party.
9. To the extent permitted by the Oregon Constitution and subject to the limitations of the
Oregon Tort Claims Act, each County shall be solely responsible for any and all loss, damage,
injury or death caused to any and all property or persons arising from the acts or omissions of
that County's officers, employees or agents in the performance of this Agreement. Crook shall
defend, indemnify and save harmless Deschutes from and against any and all claims, demands,
actions, causes of action and/or lawsuits arising from the torts, as the term "tort" is defined in
ORS 30.260(8), of Crook's officers, employees and/or agents arising out of or in any way
related to the provision of services under this Agreement. Deschutes shall defend, indemnify
and save harmless Crook from and against any and all claims, demands, actions, causes of
action and/or lawsuits arising from the torts, as the term "tort" is defined in ORS 30.260(8), or
Deschutes' officers, employees and/or agents arising out of or in any way related to the
provision of services under this Agreement.
10. This agreement constitutes the entire agreement between the parties concerning the
subject matter of this Agreement and supersedes any and all prior or contemporaneous
negotiations or agreements among the parties, if any, whether written or oral, concerning the
subject matter of this Agreement which are not fully expressed herein. This Agreement may not
be modified or amended except by a writing signed by both parties.
IN WITNESS WHEREOF, the parties have set their hands and affixed their seals as of the day
and year hereinafter written.
REVIEWED FOR CROOK COUNTY
CROOK COUNTY, a political subdivision of
the State of Oregon
By:
County Counsel
Date:
By:
Judge
By:
Commissioner
By:
Commissioner
REVIEWED FOR DESCHUTES COUNTY
DESCHUTES COUNTY, a political
subdivision of the State of Oregon
By:
County Counsel
Date:
By:
Commissioner
By:
Commissioner
By:
Commissioner
emergency exists whenever the
unincorporated area of the c-County or any
part thereof is suffering or is in imminent
danger of suffering an event that may cause
injury or death to persons, or damage to, or
destruction of property to the extent that
extraordinary measures must be taken to
protect the public health, safety and welfare.
Such an event shall include, but not be
limited to the following:
1. A civil disturbance or riot;
2. A disaster such as flood, windstorm,
snow or ice storm, earthquake,
volcanic eruption or related activity,
fire, explosion or epidemic;
3. The declaration of a war-caused
national emergency;
4. Any major disruption of community
services such as transportation,
power supply, water supply,
sanitation or communications; and/or
5. A health hazard, whether natural or
manmade.
The Chair e&-the-Board e&-4Qet
Conissietiers-is also responsible for
performing the Board of Geth*
Cenrn3issier~er's duties to declare a state of
emergency, designate emergency area(s),
and/or impose regulations when the Board of
Canty- Commissioners is unable or
unavailable to perform such duties.
B. In the event that the Chair of the BeaiA of
County - Commissioners is unable or
unavailable to perform his/her duties under
this section, the duties shall be performed by:
1. The Nziee chair of he -Board --,f
Cetrnty-----C-ea risrsien sCotnty
Administrator; or,
2. If the
Co}}nty Ge sQggn
Administrator is unable or
unavailable to perform, the third
Commissionefs; or-
,
-3 rfHemember- ft Bear-,a Coun
Gommissionefs is able •i bl t
perfefm, -'hen the-Sheriff of
Deschutes County.;-er
Chapter 2.04
_4 If ne
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oner-s i
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C. The powers of the successor to the Board of
Beard -shall be limited to those set forth in
this section and the duration of succession
shall be until such time as the person of
higher priority as set out in this section is able
and available to perform such duties.
(Ord. 2007-004 § 1 2007. Ord. 2003-037 § 1,
2003)
2.04.060. Board signatures.
A. Each document approved by a majority of the
board at a public meeting shall be dated and
signed by a quorum of the Board, and each
ordinance, order and resolution shall be
attested to by the Board's recording secretary.
B. Any ordinance, order, resolution, contract,
plat, deed or other similar document may be
signed by the board chair or a designee of the
board chair under the following
circumstances:
1. The motion approving the document
provides for chair signature.
2. Only one board member is physically
present at the meeting site and at least
one other board member has attended the
meeting electronically.
3. The document is a plat, deed, contract, or
similar document which was approved by
board majority.
C. If an ordinance, order or resolution is signed
by a single board member, the document
shall set forth the vote of each board member
in attendance expressed as a yes, no or
abstention. The recording secretary shall
attest the signature and the vote.
(Ord. 98-088 § 1, 1998)
2 (10/2003)
Chapter 2.04. BOARD OF COUNTY
COMMISSIONERS
2.04.010.
Regular meetings.
2.04.020
.
head meetings-Revealed
2.04.030.
Special meetings-Authorized
when.
2.04.040.
Special meetings-Notice.
2.04.050.
Chairperson.
2.04.055
Executive responsibility-Chain of
succession - State of Emergency.
2.04.060.
Board signatures.
2.04.010. Regular meetings.
A. The Board shall sha
month at 1.0-.00 a.m. a4 a leeation to be set by
the Board. Sueh meetings shall eanstitute
the l t "establish a
regular meeting schedule for the transaction
of County business and work sessions at
times, dates and locations set by the Board
B. All such meetings shall take place within
Deschutes County and shall be subject to the
public meetings and public notice
requirements of ORS 192 as it currently
exists or may from time to time be amended
(Ord. 2007-004 $1 2007: Ord. 97-062 § 1, 1997;
Ord. 86-012 § 1, 1986; Ord. 85-004 § 1, 1985)
4eeation to be set by die B
oard.
(Ord. 97 062 § 1, 1997; Ord
95 027 §4, ; ;
Ord. 85 004
Chapter 2.04
2.04.030. Special meetings-Authorized
when.
The Board may meet at other times and places as
may be called by the chairman or two members
of the Board.
(Ord. 85-004 § 3, 1985)
2.04.040. Special meetings-Notice.
.......,.,mob
of the time and plaee ofv4e~
given--at- least 2 hours in advanee-of the
meting-Nothing in DGC 2.04.040 ahll-b
construed to eonfliet -withNotice for special
meetings of the Board shall be in accordance with
ORS Chapter 192.610
required notieee for publie meetings.
(Ord 20070rd. 2007-004 § 12007. Ord. 85-004
§ 4, 1985)
2.04.050. Chairper%n.
At the first meeting in January of each year, the
Board shall appoint a chairperson. If two
commissioners are unable to agree upon a
chairperson, then the commissioner with the
longest length of service will act as chairperson.
The chairperson shall appoint a commissioner to
act as vice chairperson in the absence of the
chairperson.
(Ord. 2007-004 § 1 2007- Ord. 97-047 § 1, 1997)
2.04.055. Executive responsibility-Chain of
succession - State of Emergency.
A. The County AdministratorQiai f~~
of County-C i-ssieners is the chief
executive local authority for the
unincorporated area of the county and is
principally responsible for assuming
centralized control over all county
departments, divisions and offices once the
Board declares a state of emergency. If
circumstances prohibit the timely action of
the Board the
County Administratorch is of the Board o
Go", Commissioners-may declare such a
state of emergency, provided the Qair
County Administrator seeks and obtains
approval from a majority of the Board at the
first available opportunity. A state of
(10/2003)