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Home My WebLink AboutDoc 159 - Forestland Classification AgrmtDeschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org AGENDA REQUEST & STAFF REPORT For Board Business Meeting of March 24,2014 DATE: March 19,2014 FROM: Ed Keith Forestry 541-322-7117 TITLE OF AGENDA ITEM: Consideration of Board Signature of Document 2014-159, a cooperative agreement with the Oregon Department of Forestry. PUBLIC HEARING ON THIS DATE? No BACKGROUND AND POLICY IMPLICATIONS: The Oregon Department of Forestry has requested that the Board of Commissioners form a Forestland Classification Committee pursuant to ORS 526.310. The Committee will determine which lands in the County meet the definition of Forestland under ORS 477.001. Those lands meeting that definition are assesed for and provided wildland fire protection from the Oregon Department of Forestry. Because it has been at least 40 years since lands in the County have been classified it is expected that many areas where land use has changed will see a change in classification. FISCAL IMPLICATIONS: None. While the agreement states that Deschutes County may have expenses related to some activities as part of the agreement, none are anticipated or planned. RECOMMENDATION & ACTION REQUESTED: Move approval of Document 2014-159 ATTENDANCE: Ed Keith DISTRIBUTION OF DOCUMENTS: Ed Keith ------------ DESCHUTES COUNTY DOCUMENT SUMMARY (NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board agenda, the Agenda Request Form is also required. If this form is not included with the document, the document will be returned to the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form electronically to the Board Secretary.) Please complete all sections above the Official Review line. Date: [3/19/141 Department: IForestry (Administration)1 Contractor/Supplier/Consultant Name: !Oregon Department of ForestiY/ Contractor Contact: IGeorge Pont~ Contractor Phone #: ~41-44Il \565ij Type of Document: Cooperative Agreement Goods and/or Services: This is an agreement to form a Forestland Classification Committee and describes the responsibilities of the Board of Commissioners and the Oregon Department of Forestry Background & History: Forestland Classification is what determines which lands the Oregon Department of Forestry assesses for wildland fire protection. The committee forms and functions pursuant to ORS 526. Agreement Starting Date: V\pril 1, 2014! Ending Date: ~lL1J \2621 Annual Value or Total Payment: IQJ o Insurance Certificate Recei~ed (CleCk box) Insurance Expiration Date: i Check all that apply: o RFP, Solicitation or Bid Process o Informal quotes «$150K) D Exempt from RFP, Solicitation or Bid Process (specify -see DCC §2.37) Funding Source: (Included in current budget? 0 Yes [g] No If No, has budget amendment been submitted? 0 Yes [g] No Is this a Grant Agreement providing revenue to the County? DYes [g] No Special conditions attached to this grant: Deadlines for reporting to the grantor: 3/20/2014 I 7117 If a new FTE will be hired with grant funds, confirm that Personnel has been notified that it is a grant-funded position so that this will be noted in the offer letter: 0 Yes 0 No Contact information for the person responsible for grant compliance: Name: Phone #: L---' Departmental Contact and Title: Ed Keith Phone #: 541-322 Department Director Approval: _____~_____ Signature Date Distribution of Document: Ed Keith Official Review: County Signature Required (check one): 0 BOCC 0 Department Director (if <$25K) o Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. ____-J) Legal Review Date Document Number 2014-159 3/20/2014 1 COOPERATIVE AGREEMENT BETWEEN DESCHUTES BOARD OF COUNTY COMMISSIONERS AND OREGON DEPARTMENT OF FORESTRY, STATE FORESTER This agreement establishes the Deschutes County Forestland Classification Committee, and identifies the functions to be performed and the expenses to be incurred by the Deschutes Board of County Commissioners and by the Oregon Department of Forestry, in supporting the proper performance of the committee’s functions. WHEREAS, Pursuant to ORS 526.320, there is a need to periodically investigate and study all land in Deschutes County to determine which of the land is forestland.; and WHEREAS, Pursuant to ORS 526.324, there is a need to assign a classification to all forestland in Deschutes County; and WHEREAS, Pursuant to ORS 526.310, the governing body of a county may establish a forestland classification committee to periodically investigate and study forestland and to assign a classification to all such forestland. WHEREAS, Pursuant to ORS 526.310, the parties to this Cooperative Agreement may provide accommodations, funds, and supplies which are necessary for the proper performance of a forestland classification committee’s functions. WHEREAS, Pursuant to ORS 190.110, the parties to this Cooperative Agreement are authorized to cooperate by agreement for the establishment of a forestland classification committee and for the committee’s proper performance of its functions. NOW, THEREFORE, the parties to this Cooperative Agreement, in consideration of the covenants and the conditions hereinafter set forth, do agree as follows. ARTICLE 1 DESCHUTES COUNTY FORESTLAND CLASSIFICATION COMMITTEE 1.1 The Deschutes County Forestland Classification Committee is hereby established. ARTICLE 2 RESPONSIBILITIES OF THE DESCHUTES BOARD OF COUNTY COMMISSIONERS 2.1 Contingent on its ability to do so, including the availability of appropriate funding, the Deschutes Board of County Commissioners agrees to: 2.1.1 Appoint three members to serve on the Deschutes County Forestland Classification Committee. At least one of the appointed members shall be an owner of “forestland” and, if the land to be investigated and studied by the committee includes or is expected to include grazing land, one must be an owner of grazing land as that term is defined in ORS 526.005. 2 2.1.2 Provide, at no charge, facilities for meetings of the Deschutes County Forestland Classification Committee. 2.1.3 Provide, at no charge, facilities for public hearings the Deschutes County Forestland Classification Committee is required by law to conduct. 2.1.4 Post, at no charge, public notices the Deschutes County Forestland Classification Committee is required by law to display. 2.1.5 Provide, at no charge, incidental reproduction services the Deschutes County Forestland Classification Committee determines it needs to properly perform its functions. 2.1.6 Provide, at no charge, assessor’s tax lot information, the Deschutes County Forestland Classification Committee determines it needs to properly perform its functions. 2.2 Contingent on its ability to do so, including the availability of appropriate funding, the Deschutes Board of County Commissioners may: 2.2.1 Provide GIS and mapping services the Deschutes County Forestland Classification Committee determines it needs to properly perform its functions. 2.2.2 Provide, accommodations, supplies, and county funds not otherwise appropriated as the Deschutes Board of County Commissioners determines necessary for the Deschutes County Forestland Classification Committee to properly perform its functions. 2.2.3 Reimburse members of the Deschutes County Forestland Classification Committee members for their actual and necessary travel and other expenses incurred in the performance of their duties. ARTICLE 3 RESPONSIBILITIES OF THE OREGON DEPARTMENT OF FORESTRY 3.1 Contingent on its ability to do so, including the availability of appropriate funding, the Oregon Department of Forestry agrees to: 3.1.1 Appoint one member to serve on the Deschutes County Forestland Classification Committee. 3.1.2 Request that the Director of the Oregon State University Extension Service appoint one member to serve on the Deschutes County Forestland Classification Committee. 3.1.3 Request that the State Fire Marshal appoint one member to serve on the Deschutes County Forestland Classification Committee. 3.1.4 Provide, at no charge, facilities for meetings of the Deschutes County Forestland Classification Committee. 3.1.5 Provide, at no charge, facilities for public hearings the Deschutes County Forestland Classification Committee is required by law to conduct. 3 3.1.6 Post, at no charge, public notices the Deschutes County Forestland Classification Committee is required by law to display. 3.1.7 Provide, at no charge, incidental reproduction services the Deschutes County Forestland Classification Committee determines it needs to properly perform its functions. 3.1.8 Provide, at no charge, forestland condition information, the Deschutes County Forestland Classification Committee determines it needs to properly perform its functions. 3.1.9 Provide, at no charge, wildfire incidence information, the Deschutes County Forestland Classification Committee determines it needs to properly perform its functions. 3.2 Contingent on its ability to do so, including the availability of appropriate funding, the Oregon Department of Forestry may: 3.2.1 Provide GIS and mapping services the Deschutes County Forestland Classification Committee determines it needs to properly perform its functions. 3.2.2 Provide, accommodations, supplies, and agency funds not otherwise appropriated as the Oregon Department of Forestry determines are necessary for the Deschutes County Forestland Classification Committee to properly perform its functions. 3.2.3 Reimburse members of the Deschutes County Forestland Classification Committee members for their actual and necessary travel and other expenses incurred in the performance of their duties. ARTICLE 4 MODIFICATION 4.1 This Cooperative Agreement may be modified by mutual consent of all parties to this Cooperative Agreement. 4.2 Modifications to this Cooperative Agreement shall be documented on a separate piece of paper and shall be attached to all copies of this Cooperative Agreement. ARTICLE 5 EFFECTIVE DATE & TERMINATION 5.1 This Cooperative Agreement shall become effective upon the date subscribed by the last signatory party or on April 1, 2014, whichever date occurs latest. 5.2 Any party to this Cooperative Agreement may terminate this Cooperative Agreement, upon providing not less than thirty days written notice to all other parties. 5.4 Unless otherwise terminated sooner, as provided in Article 5.2, this Cooperative Agreement shall automatically terminate ten years after it becomes effective. 4 ARTICLE 6 AUTHORIZED COORDINATORS 6.1 For the Deschutes Board of County Commissioners, the authorized coordinator of this Cooperative Agreement is: Name: Ed Keith – County Forester Mailing Address: 61150 SE 27th Street Bend, OR 97702 6.2 For the Oregon Department of Forestry, the authorized coordinator of this Cooperative Agreement is: Name: Kristin Cotugno – Assistant District Forester Mailing Address: PO Box 670 Prineville, OR. 97754 6.3 Changes in either the name or the mailing address of an authorized coordinator of this Cooperative Agreement shall be documented on a separate piece of paper and shall be attached to all copies of this Cooperative Agreement. ARTICLE 7 OTHER CONSIDERATIONS 7.1 This Cooperative Agreement may not be assigned, in whole or in part, to any other entity, by any party to this Cooperative Agreement. 7.2 Each party to this Cooperative Agreement agrees to defend, protect, save, and hold harmless the other parties, their officers, agents and employees from any and all claims, costs, damages, and expenses arising from performance under this Cooperative Agreement. 7.3 Nothing contained in this Cooperative Agreement shall obligate any party to this Cooperative Agreement for expenditures in excess of funds made properly available, for activities or functions envisioned to be performed under this Cooperative Agreement. 7.4 Nothing contained in this Cooperative Agreement shall obligate any party to this Cooperative Agreement to perform activities or functions, which they cannot perform or for which they have no legal authority to perform. 7.5 All parties to this Cooperative Agreement agree their participation is voluntary and no part of this Cooperative Agreement is intended to be subject to the provisions of Article XI, Section 15 of the Constitution of Oregon. 5 APPROVED: For the Deschutes Board of County Commissioners: Dated this _______ of ___________, 20__ BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON _____________________________________________ TAMMY BANEY, Chair _________________________________________ ANTHONY DEBONE, Vice Chair ATTEST: ______________________________ Recording Secretary _________________________________________ ALAN UNGER, Commissioner For the Oregon Department of Forestry: George Ponte, District Forester Date: