2010-2963-Ordinance No. 2010-033 Recorded 12/29/2010r REVIEV D DESCHUTES OFFICIAL DS
NANCY BLANKENSHIP, COUNTY CLERK ~J 2010.2963
COMMISSIONERS' JOURNAL
LEGAL COUNSEL 12/29/2010 11:25:24 AM
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2010-2963
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Chapter 2.37 to the
Deschutes County Code, Deschutes County
Contracting Code.
* ORDINANCE NO. 2010-033
WHEREAS, in 2003 the Oregon Legislature adopted revised public contracting statutes, codified in
Chapter 279A, 279B and 279C (2003 ch. 794), herein "Public Contracting Code;" and
WHEREAS, pursuant to the Legislature's directive, the Attorney General prepared model public
contracting rules, which have been adopted and filed with the Oregon Secretary of State as Oregon
Administrative Rules Chapter 137, Divisions 46, 47, 48 and 49, herein "Model Rules;" and
WHEREAS, the County adopted the Model Rules as its Public Contracting Code; and
WHEREAS, the County Public Contracting Code includes provisions that enable certain standard
provisions to be made part of any contracts furnished by vendors, as well as simple purchase orders; and
WHEREAS, Legal Counsel has recommended that the list of standard contract provisions that are
established in the county Public Contracting Code be amended to include a requirement for contractors to
indemnify the county for the contractor's negligence, as is required in county's standard contracts; now,
therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. The Deschutes County Code section 2.37.150 is amended as set forth
in Exhibit "A," attached hereto and by this reference incorporated herein.
DATED this ~ ay of , 2010.
BOARD OF COUNTY COMMISSIONERS
OF DESC ES COUNTY, OREGON
DENNIS R. LUKE, Chair
&&t
ALAN UNGER, Vice Chair
TAMMY BANEY, Comnjf~sioner
PAGE 1 OF 2 - ORDINANCE NO.2010-033 (12/08/10)
Date of 15` Reading: 9day 1 of - , 2010.
Date of 2°d Reading:4 - day of T - , 2010.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Dennis Luke
Alan Unger
Tammy Baney L
Effective date: 24 'day of yV(Gy~CQ1
ATTEST:
Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2010-033 (12/08/10)
EXHIBIT A
The Deschutes County Code, Chapter 2.37.150 is hereby amended as follows:
Subsection A is amended by adding a new paragraph 31 to read:
31. Indemnification. To the fullest extent authorized by law, Contractor agrees to
indemnify, defend, reimburse and hold harmless County, its officers, employees and
agents (the "Indemnified Parties") from any and all threatened, alleged or actual claims,
suits, allegations, damages, liabilities, costs, expenses, losses and judgments, including,
but not limited to, those which relate to personal or real property damage, personal injury
or death, attorney and expert/consultant fees and costs, and both economic and non-
economic losses, to the extent caused by the negligence, breach of contract, breach of
warranty (express or implied), or other improper conduct of Contractor, its employees,
subcontractors, or anyone for whose acts Contractor is responsible. If claims are asserted
against any Indemnified Party by an employee of the Contractor, a subcontractor, anyone
directly or indirectly employed by them, or anyone for whose acts they may be liable, the
Contractor's indemnification obligation and other obligations under this section shall not
be limited by any limitation on the amount or type of damages, compensation, or benefits
payable to the employee by or for the Contractor or subcontractor under workers'
compensation acts, disability benefit acts, or other employee benefit acts.
(Ord. 2010-033, §1, 2010)