2023-70-Ordinance No. 2023-006 Recorded 3/3/2023REVIEWED Recorded in Deschutes County M VVI, Steve Dennison, County Clerk CJ2023-70
LEGAL COUNSEL Commissioners' Journal 03/03/2023 11:43:15 AM
C /. II�II"I�I"II"I'I �III'I �II
202370
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
CONVENING AS THE GOVERNING BODY FOR THE DESCHUTES COUNTY 911 SERVICE DISTRICT
An Ordinance Ratifying the Creation of an
Intergovernmental Entity Known as the
Deschutes County Road Agency (DCRA), and
Declaring an Emergency.
* ORDINANCE NO. 2023-006
WHEREAS, ORS 190.085 requires local governments to enact ordinances ratifying the creation of
intergovernmental entities through intergovernmental agreements prior to the effective date of the agreement;
and
WHEREAS, Deschutes County and the Deschutes County 911 Service District wish to establish an
intergovernmental entity comprised of the governing bodies of Deschutes County and the Deschutes County 911
Service District to oversee a county road agency to be created consistent with Oregon HB2174 (2021); and
WHEREAS, the intergovernmental entity shall have the power to receive and distribute U.S. Forest
Service Secure Rural Schools ("SRS") funds for road construction in Deschutes County, Oregon, and all other
necessary or appropriate functions related thereto, including but not limited to entering into contracts, adopting
rules for administrative and business operations, and perform any lawful act as allowed by ORS Chapter 190;
and
WHEREAS, it is the intent of the Board of County Commissioners of Deschutes County, Oregon,
convening as the Governing Body for the Deschutes County 911 Service District to create an intergovernmental
entity by intergovernmental agreement; and
WHEREAS, the intergovernmental agreement shall be effective on March 2, 2023 or when both
Deschutes County and Deschutes County 911 Service District adopt it, whichever occurs last; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, CONVENING AS
THE GOVERNING BODY OF THE DESCHUTES COUNTY 911 SERVICE DISTRICT ORDAINS as
follows:
Section 1. Pursuant to ORS 190.085, it is the intent of the Board of Commissioners to create an
intergovernmental entity known as the Deschutes County Road. Agency (DCRA) by intergovernmental
agreement among Deschutes County and the Deschutes County 911 Service District for the purpose of receiving
and distributing U.S. Forest Service Secure Rural Schools ("SRS") funds for road construction in Deschutes
County, Oregon, and all other necessary or appropriate functions related thereto, including but not limited to
entering into contracts, adopting rules for administrative and business operations, and performing any lawful act
as allowed by ORS Chapter 190; and establishing that the governing bodies of the two entities will provide
coordinated oversight of the Deschutes County Road Agency.
Section 2. The DCRA Intergovernmental Agreement, Document No. 2023-131, a copy of which is
attached hereto as Exhibit 1, is ratified by the Deschutes County 911 Service District.
PAGE I OF 3 - ORDINANCE NO.2023-006
Section 3. The DCRA Intergovernmental Agreement creating the DCRA shall be effective on March 2,
2023 or whenever all the parties approve it, whichever occurs last.
Section 4. The public purpose of the DCRA is to establish a governing body to oversee the receipt and
distribution of U.S. Forest Service Secure Rural Schools ("SRS") funds for road construction in Deschutes
County, Oregon, and all other necessary or appropriate functions related thereto, including but not limited to
entering into contracts, adopting rules for administrative and business operations, and performing any lawful act
as allowed by ORS Chapter 190.
Section 5. The DCRA shall have the powers, duties and functions as set out in the Intergovernmental
Agreement.
Section 6. EMERGENCY. This Ordinance being necessary for the immediate preservation of the
public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage.
Dated this _1 64' of March, 2023
ATTEST:
Recording Secretary
Date of 1st Reading: day of March, 2023.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON,
CONVENING AS THE GOVERNING BODY OF
THE DESCHUTES COUNTY 911 SERVICE
DISTRICT
ANTHONY DEBONE, Chair
PAT I ADAIR, VU Chair
//X� z��
PHIL CHANG, Commissioner
Date of 2"d Reading: S�day of March, 2023.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Anthony DeBone
Patti Adair
Phil Chang
Effective date: day of March, 2023.
PAGE 2 OF 3 - ORDINANCE NO, 2023-006
EXHIBIT 1
(to Ordinance No. 2023-006)
PAGE 3 OF 3 - ORDINANCE NO.2023-006
REVIEWED
DC# 2023-131
L�GAI. CO',t� INTERGOVERNMENTAL AGREEMENT
CREATING DESCHUTES COUNTY ROAD AGENCY
This Intergovernmental Agreement creating Deschutes County Road Agency (this
"Agreement") effective March 2, 2023 (the "Effective Date"), and is entered into between
Deschutes County ("County"), a political subdivision of the State of Oregon, whose address is
1300 NW Wall Street, Bend OR 97703, and the Deschutes County 911 Service District, a duly
enacted and operating county service district, whose mailing address is P.O. Box 6005, Bend,
Oregon 97708-6005. Each of the parties hereto is referred to herein individually as a "Party"
and collectively "Parties."
RECITALS:
A. The Parties desire to form an
Deschutes County Road Agency (the "Agency").
certain road funds.
intergovernmental entity to be named the
Agency will be formed to receive and distribute
B. This Agreement is made pursuant to ORS 190.010, which statute provides that
units of local government may enter into agreements for performance of any functions and
activities that any party to the agreement, or its officers or agents, has the authority to
perform.
C. The Parties are authorized to enter into this Agreement creating an
intergovernmental entity pursuant to their respective principal acts and ORS 190.003 to
190.130.
AGREEMENT:
NOW, THEREFORE, in consideration of the Parties' respective obligations under this
Agreement, and for other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the Parties hereby agree as follows:
Section 1. Agency.
1.1 Creation. Pursuant to this Agreement, the Agency is hereby created as an
intergovernmental entity pursuant to ORS Chapter 190.
1.2 Purpose. Agency's purposes include receiving and distributing U.S. Forest Service
Secure Rural Schools ("SRS") funds for road construction in Deschutes County, Oregon, and
all other necessary or appropriate functions related thereto.
1.3 Responsibilities and General Powers.
1.3.1 Agency will have responsibility and authority to receive and distribute County's
apportionment of SRS road funds for road construction, including functions related
thereto, within the boundaries of County, and subject to the terms of this Agreement
and/or ORS chapter 190, perform such other functions as may be assigned by the
Parties from time to time.
1.3.2 Agency shall have the power to adopt, through action of its Board of Directors (the
"Board"), such bylaws, rules, regulations, and policies necessary to further the purposes
of Agency and/or this Agreement.
1.3.3 Agency shall have the power to enter into agreements with other public or private
entities and to exercise all powers pursuant to the Laws (as defined below), including,
without limitation, the principal acts of the Parties and ORS chapter 190. For purposes
of this Agreement, the term "Law(s)" means all federal, state, and local laws, statutes,
ordinances, and/or regulations directly or indirectly affecting Agency, this Agreement,
and/or Agency's purposes, including, without limitation, the Americans with Disabilities
Act of 1990 (and the rules and regulations promulgated thereunder) and ORS chapter
190, all as now in force and/or which may hereafter be amended, modified, enacted, or
promulgated.
1.4 Offices. The offices of Agency shall be located at the Deschutes County Services
Building, 1300 NW Wall Street, Bend, OR 97703.
1.5 Governing Body. The Board, unless otherwise provided herein, shall be the governing
body and shall exercise authority over all matters of Agency concern.
Section 2. Board of Directors.
2.1 Membership. Agency shall be governed by the Board consisting of the commissioners
serving on the Deschutes County Board of Commissioners.
2.2 Authority.
2.2.1 The Board shall have authority to do the following:
a. Adopt bylaws for Agency, which shall set forth the rules by which the Agency shall be
run. The bylaws may be amended from time to time by the Board.
b. Oversee and to have full responsibility for all matters pertaining to the development
and operations of Agency.
c. Enter into contracts for goods and services for Agency's development and operations.
d. Review and approve the Agency's budget pursuant to Oregon Local Budget Law,
when applicable.
e. Appoint advisory boards to consider any issue before it, if it so desires.
f. Establish the Agency mission and goals.
Page 2 of 7
g. Recommend and monitor expenditures consistent with the manner and restrictions of
ORS 368.705-368.722.
2.2.2 The Board shall not have authority to do the following:
a. Commit the taxing authority or general funds of any Party.
b. Expend funds in excess of the SRS funding received by the Agency.
2.3 Meetings. Regular meetings of the Board shall be held on at least a quarterly basis at
such time and place as determined by the Board. Special meetings may be called by the
chairperson as needed or desired. All motions presented for approval shall require an
affirmative vote of a majority of the whole membership of the voting members of the
Board. Two (2) members of Board shall constitute a quorum. Members appearing by
telephone or other electronic means are considered present.
The rules of parliamentary practice comprised in the Robert's Rules of Order shall be used
as a guide to address procedural questions to the extent not inconsistent with Agency's
policy and procedures.
Section 3. Budget; Funding; Costs; Revenue.
3.1 Budget. Agency, through County, shall prepare the annual operating budget of the
Agency. The Board shall adopt a final budget, in accordance with ORS 294.900 to 294.930,
no later than June of each preceding year. The budget period shall be on a fiscal year basis
beginning on the first of July each year. The Board shall consider and adopt the budget on
behalf of the Agency. If there are any program changes any supplemental budget shall go
through the budget stages set forth herein and comply with all applicable budget policies
and Oregon Local Budget Law.
3.2 Funding. The Agency will receive funds under ORS 293.560 apportioned to the County
road fund. County will request that the Oregon Department of Administrative Services
credit the moneys described in ORS 294.060(1) to the Agency pursuant to ORS 294.060(8).
3.3 Expenses. County will be responsible for providing all funds necessary to pay for
Agency's costs, expenses, obligations, and/or liabilities. Notwithstanding anything contained
in this Agreement to the contrary, District will not be responsible for (and will not pay) any
funds for Agency's costs, expenses, obligations, and/or liabilities.
3.4 Revenue. Revenue or fees derived from the functions or activities of the Agency will be
apportioned to County.
Section 4. Term, Termination and Amendment.
4.1 Term. Subject to the terms and conditions contained in this Agreement, the term of
this Agreement commenced on the Effective Date and will remain in full force and effect
Page 3 of 7
until June 30, 2024 (the "Initial Term"), unless sooner terminated as provided in this
Agreement. Upon expiration of the Initial Term, this Agreement will automatically renew
for one or more term(s) of one year each, unless sooner terminated in accordance with this
Agreement. Commencing on or about July 1, 2023 and continuing on or about the same
day each year thereafter during the term of this Agreement, the Parties will review this
Agreement to determine whether any changes and/or modifications to this Agreement are
necessary or appropriate. Any changes and/or modifications to this Agreement require the
Parties' mutual written agreement.
4.2 Termination. Notwithstanding anything contained in this Agreement to the contrary,
(a) the Parties may terminate this Agreement and dissolve the Agency by the Parties'
unanimous written agreement, (b) upon expiration of the Initial Term, either Party may
terminate this Agreement by providing the other Party no less than one hundred eighty
(180) days' prior written notice (provided, however, termination under this Section 4.2(b)
will not take effect between February 1 and June 30 of any fiscal year), and (c) either Party
may terminate this Agreement immediately upon written notice to the other Party if the
other Party breaches and/or otherwise fails to perform the other Party's obligations under
this Agreement.
Section 5. Additional Parties. Subject to the Laws, including, without limitation, ORS
chapter 190, additional governmental entities may be allowed to join the Agency subject to
approval by the governing bodies of all Parties.
Section 6. Insurance; Liability; Indemnification; Relationship.
6.1 Insurance. Agency will obtain and maintain adequate insurance to cover Agency's
operations and that at least equal the applicable limits of liability identified under the
Oregon Tort Claims Act (ORS 30.260 — ORS 30.300). Insurance requirements may be
satisfied by programs of self-insurance.
6.2 Liability. Except as otherwise provided under Section 6.3, there shall be no joint and
several liability of the Parties either in contract or tort, and all obligations of Agency or the
Parties shall be several only. Without limiting the foregoing, no Party to this Agreement
shall be liable for damages, debts or claims caused solely by the negligent act, omission or
other wrongful act by Agency or other Parties hereto. The Party causing damages by its sole
negligent act, omission, or wrongful act shall be individually liable.
6.3 Agency and County Indemnification. To the fullest extent permitted under applicable
law, Agency and County each jointly and severally release and will defend, indemnify, and
hold District and District's Representatives harmless for, from, and against all claims,
actions, proceedings, damages, liabilities, injuries, losses, and expenses of every kind,
whether known or unknown, including, without limitation, attorney fees and costs, resulting
from or arising out of Agency's formation and operations and/or County's breach and/or
Page 4 of 7
failure to perform County's representations, warranties, covenants, and/or obligations
under this Agreement.
6.4 Relationship. Each Party is an independent contractor of the other Parties. This
Agreement does not create a joint venture and/or agency relationship between the Parties.
No Party has the authority to bind the other Party or represent to any person that a Party is
an agent of the other Party. No Party will provide any benefits to any other Party; each
Party will be solely responsible for obtaining the Party's own benefits, including, without
limitation, insurance, medical reimbursement, and retirement plans. Notwithstanding
anything contained in this Agreement to the contrary, Agency (and/or the Board) will not
have the authority to bind and/or encumber a Party in any manner except as agreed in
writing by the Party.
Section 7. Dissolution. Upon dissolution of Agency, County shall remain solely liable for any
Agency obligation that has been specifically incurred in accordance with the terms of this
Agreement, or by other resolutions, or by separate agreement of the parties. Upon dissolution,
the assets of Agency will be distributed to Deschutes County.
Section 8. General Provisions.
8.1 Coordination; Assignment; Binding Effect. The Parties will maintain adequate levels of
communication to ensure maximum cooperation and coordination between the Parties. No
Party may assign any of the Party's rights and/or obligations under this Agreement to any
person without the prior written consent of all other Parties. Subject to the immediately
preceding sentence, this Agreement will be binding on the Parties and their respective
administrators, successors, and permitted assigns and will inure to their benefit. The
Parties will execute all documents or instruments and will perform all lawful acts necessary
or appropriate to carry out the intent of this Agreement. All exhibits, schedules,
instruments, and other documents referenced in this Agreement are part of this
Agreement.
8.2 Notices; Severability; Remedies. Any notice will be deemed given when personally
delivered or delivered by facsimile or email transmission (with electronic confirmation of
delivery), or will be deemed given three days following delivery of the notice by U.S. mail,
certified, return receipt requested, postage prepaid, by the applicable Party to the address
shown in the preamble of this Agreement (or any other address that a Party may designate
by notice to the other parties), unless that day is a Saturday, Sunday, or legal holiday, in
which event it will be deemed delivered on the next following business day. Each provision
contained in this Agreement will be treated as a separate and independent provision. The
unenforceability of any one provision will in no way impair the enforceability of any other
provision contained herein. Any reading of a provision causing unenforceability will yield to
a construction permitting enforcement to the maximum extent permitted by applicable law.
Subject to the terms and conditions contained in this Agreement, each Party will pay all
wages and benefits due the Party's personnel, including, without limitation, overtime,
Page 5 of 7
workers' compensation, and death benefits. If a Party breaches and/or otherwise fails to
perform any of the Party's representations, warranties, covenants, and/or obligations under
this Agreement, the non -defaulting Parties may, in addition to any other remedy provided
to the non -defaulting Parties under this Agreement, pursue all remedies available to the
non -defaulting Parties at law or in equity. All available remedies are cumulative and may be
exercised singularly or concurrently.
8.3 Waiver; Entire Agreement; Amendment; Counterparts. Notwithstanding anything
contained in this Agreement to the contrary, no provision of this Agreement may be
modified, waived, and/or discharged unless such waiver, modification, and/or discharge is
agreed to in writing by the Parties. No waiver by a Party at any time of the breach of, or
lack of compliance with, any conditions or provisions of this Agreement will be deemed a
waiver of other provisions or conditions hereof. This Agreement contains the entire
agreement and understanding between Parties with respect to the subject matter of this
Agreement and contains all the terms and conditions of the Parties' agreement and
supersedes any other oral or written negotiations, discussions, representations, and/or
agreements. No addition, modification, amendment, or alteration to this Agreement will be
effective against the Parties unless specifically agreed upon in writing and signed by the
Parties. This Agreement may be signed in one or more counterparts.
8.4 Applicable Law; Venue; Attorney Fees. This Agreement will be construed, applied, and
enforced in accordance with the laws of the State of Oregon. Any action or proceeding
arising out of this Agreement will be litigated in courts located in Deschutes County,
Oregon. Each Party consents and submits to the jurisdiction of any local, state, or federal
court located in Deschutes County, Oregon. Each Party is responsible for its own attorney
fees, paralegal fees, expert fees, and all other fees, costs, and expenses incurred in
connection therewith, as determined by the judge or arbitrator at trial, arbitration, or other
proceeding, or on any appeal or review, in addition to all other amounts provided by law.
8.5 Debts, Liabilities and Obligations. All debts, liabilities and obligations of any of the
Parties shall be and shall remain debts, liabilities and obligations of that or those Parties and
shall not become debts liabilities and obligations of the other parties or of the Agency. All
debts, liabilities and obligations incurred by or on behalf of the Agency shall remain debts,
liabilities and obligations of the Agency.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be binding and effective
for all purposes as of the Effective Date.
Page 6 of 7
COUNTY:
Anthony DeBone, Chair
c
Patti Adair, Commissioner
Phil Chang, Commissioner
Date: M- a rC-h It
911 SERVICE DISTRICT:
Anthony DeBone, Chair
Pa ti Adair, Commissioner
Phil Chang, Commissioner
Date: M a / ) -p-
Page 7 of 7
MEETING DATE: March 1, 2023
Convening as the Governing Body for Deschutes County 911 Service District
SUBJECT: Public Hearin. Adoption by Emergency, of Ordinance No. 2023-006, an
ordinance ratifying the creation of an intergovernmental entity known as the
Deschutes County Road Agency (DCRA).
RECOMMENDED MOTION:
(1) Move first and second reading, including emergency adoption, by title only of Ordinance
No. 2023-006.
(2) Move adoption of Ordinance No. 2023-006.
BACKGROUND AND POLICY IMPLICATIONS:
Deschutes County and Deschutes County 911 Service District have entered into an IGA
which created the Deschutes County Road Agency (DCRA). DCRA will receive and
distribute U.S. Forest Service Secure Rural School funds for road construction in
Deschutes County.
ORS 190.085 requires local governments to enact ordinances ratifying the creation of
an intergovernmental entity through intergovernmental agreements (IGA).
BUDGET IMPACTS:
Anticipated $800,000.00 annually.
ATTENDANCE:
Road, DC 911, Legal