HomeMy WebLinkAboutDoc 061 - Amend BBR Managing AgrmtDeschutes County Board of Commissioners
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AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of January 25, 2010
Please see directions for completing this document on the next page.
DATE: January 20, 2010
FROM: Mark Pilliod, Legal Counsel Legal 541-388-06625
TITLE OF AGENDA ITEM:
Amendment to Memorandum of Understanding concerning operation of Black Butte Ranch Service
District
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
The Board, acting as Black Butte Ranch Service District governing body delegated operation of the
District to a Managing Board by a Revised and Amended Memorandum of Understanding (MOU),
dated April 22, 1992. In late 2008 the Managing Board requested that the Board approve certain mostly
procedural changes to the MOU, more specifically in the attachment to the MOU. Legal Counsel
indicated informal approval subject to final Board action, but the Black Butte Ranch Association ve as
unable or unwilling to agree with such requested changes. Recently, based upon a follow up by County
Legal Counsel, the Managing Board chair has indicated that approval of changes to the MOU would be
acceptable to the Ranch Association. Attached hereto is a copy of the current MOU with changes noted
by stikeout of and bold.
FISCAL IMPLICATIONS:
None.
RECOMMENDATION & ACTION REQUESTED:
Approve attached MOU, as amended and submitted and authorize County Legal Cousel to forwar i the
MOU to the Chair of the BBR Managing Board. Changes indicated will become effective upon at d
after receipt by the Board of acceptance and approval thereof by the Managing Board.
ATTENDANCE: Mark Pilliod, County Legal Counsel
DISTRIBUTION OF DOCUMENTS:
Carl Burnham, Chair, BBR Managing Board
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.)
Date:
1-21-2010
Please complete all sections above the Official Review line.
Department:
Contractor/Supplier/Consultant Name:
Contractor Contact:
5368
Carl Burnham
Legal
Black Butte Ranch Service District
Type of Document: Memorandum of Understanding
Goods and/or Services: None
Contractor Phone #:
541 -889 -
Background & History: Revised procedures governing management of the Black
Butte Ranch Service District
Agreement Starting Date:
January 2010
Annual Value or Total Payment:
n/a
Ending Date:
Insurance Certificate Received check box)
Insurance Expiration Date:
Check all that apply:
RFP, Solicitation or Bid Process
❑ Informal quotes (<$150K)
Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37)
II
Funding Source: (Included in current budget?
Yes
If No, has budget amendment been submitted? 1 I Yes
No
No
Is this a Grant Agreement providing revenue to the County? ri Yes ® No
Special conditions attached to this grant:
Deadlines for reporting to the grantor:
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: Yes ❑ No
1/20/2010
Contact information for the person responsible for grant compliance: Name:
Phone #:
Departmental Contact and Title: Mark Pilliod, Legal Counsel
Phone #: 51-388-6625
Department Director Approval:
Signature Date
Distribution of Document: Who gets the original document and/or copies after it has
been signed? Include complete information if the document is to be mailed.
Official Review:
County Signature Required (check one): E BOCC ❑ Department Director (if <$25K)
❑ Administrator (if >l$25J( but <$150
K; if >$150K, BOCC Order No. )
Legal Review
Document Number
•'Zo/0-oe/
Date i- 2r ~ /�
1/20/2010
92-15575
REVIE(WED
LEG M✓CO!.M.SEL
REVISED AND AMENDED MEMORANDUM OF UNDERSTANDING
Upon petition of landowners within the Black Butte Ranch
Service District, the Board of County Commissioners of Deschutes
County, Oregon formed a County Service District pursuant to ORS
451.410, at seq known as Black Butte Ranch Service District, for
the purpose of acquiring, constructing, maintaining and operating
any or all of the following service facilities:
1. Fire prevention and protection;
2. Security services;
3. Enhanced law enforcement services;
4. Sewage works and services;
0118-0417
5. Water supply works and services;
6. Vector control;
7. Solid waste disposal; and
8. Emergency medical services.
On October 18, 1989, the Board of County Commissioners of
Deschutes County, Oregon, executed the Final Order creating the
Black Butte Ranch Service District. The Black Butte Ranch
Service District has since that date been operating and plans to
continue operation in perpetuity providing enhanced law
enforcement and security services. The Black Butte Ranch Service
District has a reliable source of funding in a tax base approved
by its voters.
The Board of County Commissioners of Deschutes County,
Oregon, acting as the County Service District Governing Body,
hereby delegates totheManaging Board of the Black Butte Ranch
Service District, a4tlo^ M '
��ition of the District as the Governing"`"�
IN Il' M2
C.0
_7-
REVISED AND AMENDED MEMORANDUM OF UNDERSTANDING - Page 1 of 3
0118-0418
Body's agent, pursuant to the laws of the State of Oregon. The
Managing Board shall consist of not less than five (5) members
and have the authorities and duties as set forth in Exhibit "A",
attached hereto and incorporated herein. The Black Butte Ranch
Association, acting through its Board of Directors, shall make
recommendations for appointments for all positions on the
Managing Board, except the ex -officio position, to the County
Service District Governing Body. The Governing Body shall
appoint the Managing Board and an ex -officio position.
The Managing Board shall, from time to time, review this
agreement and attachments and initiate modifications or
amendments which are necessary or desirable for the conduct of
the Black Butte Ranch Service District. All modifications or
amendments shall include a review and recommendation from the
Black Butte Ranch Association and shall be approved by the County
Service District Governing Body.
All current members of the Managing Board are reappointed
and shall continue in their terms in accordance with the prior
editions of this document.
This amended agreement shall be effective on and after
G
BOARD OF COUNTY COMMISSIONERS
OF DESCHUT S COUNTY, OREGON,
ACTING )S HE COUNTY SERVICE
DIS T '.OVERNING BODY
Nancy Pop_ 'ch,angen, Commissio�r--r
REVISED AND AMENDED MEMORANDUM OF UNDERSTANDING - Page 2 of 3
ATTES
Recording Secretary
DATED and agreed to this
ck Maudlin, C
4/V4 of
0118-0419
ea-
BLACK BUTTE RANCH ASSOCIATION
Starr,aeed,oard hair
D Crouch'Board Secretary
4
DATED and agreed to this of
J14 aLi
BLACK BUTTE RANCH SERVICE DISTRICT
MANAGING BOARD
Pat F‘rdney, ordney, Chair
Z
Dec y Lu Bovm, Dist. A ±.nistrator
REVISED AND AMENDED MEMORANDUM OF UNDERSTANDING - Page 3 of 3
EXHIBIT "A" AGREEMENT
Page 1 of 6
EXHIBIT "A" AGREEMENT
This Exhibit is attached to and part of the Revised and Amended Memorandum of
Understanding regarding the operation of the Black Butte Ranch Service District
(District). The District was created as a county service district on October 18, 1989,
pursuant to ORS 451.410 et seq for the purpose of acquiring, constructing, maintaining,
and operating any and all of the service facilities set forth in the formation Order. The
District was initially established and authorized by the Deschutes County Commissioners
serving in their role as the Boardof-DirectorsGoverning Board for the County Service
District to provide security services by their Order entitled Memorandum of
Understanding and Agreement initially dated the 18th day of October, 1989. This Exhibit
modifies and states the procedures and requirements for management and operation of
the Black Butte Ranch Service District to provide enhanced law enforcement and
security services within the boundaries of the District.
A. STRUCTURE
The County Service District Governing Body (hereinafter "District Governing
Body") is comprised of the Board of County Commissioners of Deschutes County,
Oregon. The District Governing Body has delegated, pursuant to a Revised and
Amended Memorandum of understanding dated April 22, 1992, the operation of the
Black Butte Ranch Service District to the Managing Board of the Black Butte Ranch
Service District (hereinafter "Managing Board"). The Managing Board, as agent for, and
acting on behalf of the District Governing Body, shall have the duties and authority as
set out in this Agreement.
B. BLACK BUTTE RANCH SERVICE DISTRICT MANAGING BOARD
1. Composition
The Black Butte Ranch Service District shall be managed and operated
by the Managing Board. The Managing Board shall consist of not less than five
(5) nor more than seven (7) members, consisting as follows:
Position 1: Black Butte Ranch As„ociation Board mcmbeF
Black Butte Ranch property owner appointed by the
Black Butte Ranch Association Chair.
Position 2: Black Butte Ranch non resident property owner.
Black Butte Ranch non-resident property owner.
Position 3:
Black Butte Ranch resident property owner.
Position 1: Black Butte Ranch Rural Fire Protection District Board
member, either past or current.
Document # 2010- 061
EXHIBIT "A" AGREEMENT
Page 2 of 6
Position 5: Black Buttc Ranch property owner, either resident or non
resident:
All other positions shall be filled by Black Butte Ranch property
owners, either resident or non-resident.
Butt _ ent. Except for
Position 1, no position on the Managing Board shall be held by a member of the
Black Butte Ranch Association Board.
In addition to the above -designated positions there may be an ex -officio
position held by a Deschutes County official. The ex -officio position shall be
appointed by and serve at the pleasure of the Governing Body and shall be a
non-voting position.
The Chair of the Managing Board shall be selected in accordance with
the Black Butte Ranch Service District operating policies and procedures. An
executive officer may also be designated by the Managing Board for purposes of
ORS 294.391 et seq.
2. TERM
Each member of the Managing Board shall serve for a term of three
years, including those persons appointed prior to the date of this amended
exhibit.
Each -me . e • - - - . e :eard shall servo for a term of three --years
except tta
Position 1 and Position 5 term shall expire June 30, 1993;
en 1 shall expire June 30, 1302; and
Position 2 and all other positions shall expire June 30, 1991.
Thcr after, m . - .r a term of three y ars. Terms shall begin on
July 1 and expire on June 30 of the ending year. A member shall serve for no
more than two consecutive terms. Position 1 member may serve only while a
current member of the Black Butte Ranch Association Board,
3. APPOINTMENTS
The M
after reviewing recommen
'et -Governing Body
ch Association. The
applicati no for all positions for which the As.,ociation makes recommendations.
Such solicitation shall app or in a publication of general circulation within the
Document # 2010- 061
EXHIBIT "A" AGREEMENT
Page 3 of 6
-er generally accepted method of
notification which r asonably ensures notice to all property owners in the Black
Butte Ranch Service District.
The Managing Board shall be appointed by the District Governing
Body. The existing Managing Board shall solicit applications for vacant
positions. Such solicitation shall appear in a publication of general
circulation within the Black Butte Ranch Service District, or any other
generally accepted method of notification which reasonably ensures notice
to all property owners in the Black Butte Ranch District. The Managing
Board will identify an applicant and advance their recommendation for
appointments to the Governing Board after soliciting comments from the
Black Butte Ranch Association.
Members of the Managing Board shall serve at the pleasure of the District
Governing Body and may be removed with or without cause by action of the
District Governing Body.
4. COMPENSATION
The Managing Board members shall not be entitled to receive any
compensation attributable to service as a member of the Managing Board. A
Managing Board member may be reimbursed for any expense which he or she
incurs on behalf of the Managing Board, provided such expenditure is approved
by the Managing Board and proper voucher(s) supporting such expenditure is
submitted to the Managing Board.
5. COMMITTEES
The Managing Board shall have the authority to appoint such
committees as in its discretion it deems necessary to assist the Managing
Board in the operation of Black Butte Ranch Service District. The duties and
powers of such committees shall be determined by the Managing Board.
Committee members must be members in good standing of the Blaek—Butte
Ranch Aocociation, but
need not be members of the -Managing -Board.
Committee members must be Black Butte Ranch property owners but need
not be members of the Managing Board.
6. MEETINGS
Each member of the Managing Board shall have an equal vote in all
Managing Board decisions. The Managing Board shall hold regular meetings
Document # 2010- 061
EXHIBIT "A" AGREEMENT
Page 4 of 6
and may hold special meetings as necessary. A special meeting may be called
by the Managing Board Chair or upon the request of any two Board members.
All meetings shall meet the requirements set forth in ORS Chapter 192.
C. ADMINISTRATION
The Managing Board is authorized to contract with the Association for
administrative services, or to employ an administrator to manage the daily operations of
the Black Butte Ranch Service District. The Managing Board shall advise the
Association and District Governing Body regarding any change in the status or person of
the administrator. In addition to his or her other duties, the administrator shall serve as
the budget officer of the Black Butte Ranch Service District for purposes of ORS
294.391 et seq.
D. AUTHORITY AND DUTIES OF MANAGING BOARD
Upon the issuance of an order by the District Governing Body pursuant to the
provisions of ORS 451.485 or, in the event of a referendum vote upon such an order
pursuant to ORS 451.487 and a determination that a majority of those voting have
approved such order, the Managing board may acquire, construct, maintain, and operate
any one or more of the following service facilities:
1. Fire prevention and protection;
2. Security services;
3. Enhanced law enforcement;
4. Sewage works and services;
5. Water supply works and services;
6. Vector control;
7. Solid waste disposal; and
8. Emergency medical services.
Nothing herein shall be construed so as to prevent either the Association or any
other owner of property within the Black Butte Ranch Service District from initiating a
recommendation to the District Governing Body either favoring or opposing such an
order, and the District Governing Body may by its own initiative request
recommendations from the Association or other members of the public.
The authority to create any of the above service facilities shall include the
authority to enter into contracts with necessary associations or public agencies.
Purchasing of facilities, materials and services shall be in compliance with ORS Chapter
279 and the Rules and Regulations of Public Bidding adopted by Deschutes County. All
equipment, facilities, and materials purchased with public funds shall remain public
Document # 2010- 061
EXHIBIT "A" AGREEMENT
Page 5 of 6
property unless expended in the course of operation of the service facilities or disposed
in accordance with the applicable laws relating to the disposal of surplus property of the
District.
The Managing Board may obtain financing in any or all of the service facilities by
any method authorized by law including, but not limited to the establishment of a tax
base; the use of funds from a fund established under ORS 280.055 or ORS 451.540.
The Managing Board shall have the authority to enter into contracts to be
completed within the respective fiscal year for financing in anticipation of tax revenues or
other funding sources.
The Managing Board shall adopt operating policies and procedures for the
operation of the Black Butte Ranch Service District, The operating policies and
procedures shall be adopted by a two-thirds vote of the Managing Board. The
Association shall be notified of all proposed changes in the operating policies and
procedures.
The Managing Board shall create a subcommittee comprised of three (3)
members for the purpose of preparing a fiscal year budget for the Black Butte Ranch
Service District, which members shall also serve as members of the Budget Committee
required by ORS 294.336, The subcommittee shall submit the proposed fiscal year
budget to the Managing Board for review prior to submitting the proposed fiscal year
budget to the District Governing Body budget committee.
The Managing Board may employ, evaluate and terminate employees necessary
for performing the services of each service facility. The Managing Board shall prepare
and approve personnel standards and policies relating to all employees.
The Managing Board may purchase, lease or otherwise contract for equipment
and supplies necessary for any service facility approved in the fiscal year budget. The
Managing Board may recommend to the geveraiag-belly Governing Body acceptance
of contracts to provide for financing of needed equipment and supplies. The Managing
Board shall maintain public liability insurance coverage in an amount not less than the
tort limits for public bodies as set out in Oregon Tort Claims Act. ORS 30.310 & et seq.
The Managing Board shall also maintain insurance covering the buildings, equipment
and other tangible property of the Black Butte Ranch Service District in an amount not
less than replacement value.
The financial transactions of the Managing Board shall be in compliance with the
requirements of the local budget laws and expenditure limitations contained in the laws
Document # 2010- 061
EXHIBIT "A" AGREEMENT
Page 6 of 6
of the State of Oregon. All records of the Managing Board shall be deemed public
records in accordance with ORS Chapter 192.
E. AUTHORITY AND DUTIES OF DISTRICT GOVERNING BODY
The District Governing Body shall provide, upon request of the Managing Board,
payroll and accounting services to the Managing Board at no cost. The District
Governing Body shall also provide upon request of the Managing Board, the necessary
auditing services for the service facilities at reasonable cost to the Managing Board.
The District Governing Body, acting as members of the budget committee as set
out in ORS 294.336, shall participate in the review and approval of the fiscal year
budget, and shall assume responsibility for compliance with all publication, notice and
hearing requirements for the budget process. The District Governing Body shall also be
responsible for compliance with such requirements in connection with any other
measures, ordinances or actions necessary for the operation of the Black Butte Ranch
Service District. The District Governing Body shall also prepare and complete all
necessary election filings and other requirements for any tax base levy.
F. ACCOUNTING
The fiscal year of the Black Butte Ranch Service District shall be the same as that
established for Deschutes County, Oregon.
G. REVIEW
This Agreement shall be reviewed at least annually by the Managing Board.
Modifications or amendments to the Agreement may be proposed by the Managing
Board, or by other parties to the Agreement. Such modifications or amendments will
become effective only upon the receipt of a two-thirds favorable vote by the District
Governing Body.
H. DURATION OF AGREEMENT
This Agreement shall be automatically extended from year to year on the same terms
and conditions, including modifications and amendments. If any part, paragraph, section
or provision of this Agreement is determined to be invalid by any court of competent
jurisdiction, such invalidated portion shall not affect the validity of any remaining section,
part or provision of the Agreement.
Document # 2010- 061