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HomeMy WebLinkAboutIGA - Dept of Forestry - Wildland Fuels WorkDeschutes County Board of Commissioner, 1300 NW Wall St., Suite 200, Bend, OR 97701 -196( 1 (541) 388 -6570 - Fax (541) 385 -3202 - www.deschutes.or#:, AGENDA REQUEST & STAFF REPORT For Board Business Meeting of March 25, 2009 Please see directions for completing this document on the next page. DATE: March 6, 2009 FROM: Joe Stutler Forestry 322 -7117 TITLE OF AGENDA ITEM: Consideration of Board Signature on Document No. 2009 -130, an Intergovernmental Agreement w th the Oregon Department of Forestry for wildland fuels contract work. PUBLIC HEARING ON THIS DATE? No BACKGROUND AND POLICY IMPLICATIONS: Deschutes County has many service contracts which treat wildland fuels throughout the County. On occasion there is a need for multiple visits to multiple locations the same day or week to ensure contract compliance and/or to answer technical questions regarding the work to be performed. The Oregon Department of Forestry have qualified people who could serve as contract inspectors to assist the County Forester with administering the wildland fuels contracts. FISCAL IMPLICATIONS: Fiscal implications would be approximately $25,000 which reflects the estimated time and mileage of Oregon Department of Forestry personnel assisting the County Forester. This amount is included i n the current fiscal year budget and additionally for next fiscal year. RECOMMENDATION & ACTION REQUESTED: Approval and signature of the Intergovernmental Agreement ATTENDANCE: Joe Stutler, possibly representatives from ODF. DISTRIBUTION OF DOCUMENTS: Joe Stutler will receive both original documents for signature and return. Forestry Oregon Department of Forestry 447-5958, 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: March 6, 2009 Please complete all sections above the Official Review line. Contractor /Supplier /Consultant Name: Contractor Contact: Kevin Benton Department: Type of Document: Intergovernmental Agreement Contractor Phone #: Goods and /or Services: Oregon Department of Forestry personnel would provide contract inspection /administration services for Deschutes County service contracts to treat wildland fuels throughout the county. Background & History: Deschutes County has many service contracts which treat wildland fuels throughout the County. On occasion there is a need for multiple visits to multiple locations the same day or week to ensure contract compliance and /or to answer technical questions regarding the work to be performed. The Oregon Department of Forestry have qualified people who could serve as contract inspectors to assist the County Forester with administering the wildland fuels contracts. Agreement Starting Date: March 11,2009 Ending Date: Annual Value or Total Payment: $25,000 n Insurance Certificate Received check box) Insurance Expiration Date: J Check all that apply: RFP, Solicitation or Bid Process n Informal quotes ( <$150K) ® Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37) 12/31/25 Funding Source: (Included in current budget? ® Yes No If No, has budget amendment been submitted? U Yes n No Is this a Grant Agreement providing revenue to the County? 1 1 Yes ® No Special conditions attached to this grant: Deadlines for reporting to the grantor: 3/6/200 ) 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 Contact information for the person responsible for grant compliance: Name: Phone #: Departmental Contact and Title: 7117 Joe Stutter Phone #: 322- Department Director Approval: Signature Date Distribution of Document: Joe Stutter to receive both originals documents. Official Review: County Signature Required (check one): ❑ BOCC ❑ Department Director (if <$25K) ❑ Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. Legal Review Date Document Number 3/6/200 ) REVIEWED LEGAL COUNSEL For Recording Stamp Only INTERGOVERNMENTAL SERVICES CONTRACT This Agreement is made and entered into by and between Deschutes County, a political subdivisi Dn of the State of Oregon, hereinafter referred to as "COUNTY," and the Central Oregon District of Tie Oregon Department of Forestry, hereinafter referred to as "FORESTRY." WHEREAS, BOTH THE COUNTY AND FORESTRY FIND IT BENEFICIAL TO ENTER INTO THIS AGREEMENT IN ORDER FOR COUNTY AND FORESTRY TO COMPLETE COMMUNITY FIRE PLAN PROJECTS ON LANDS WITHIN DESCHUTES COUNTY IN ASSOCIATION WITH THE FIRE FREE PROGRAM IN CENTRAL OREGON; AND WHEREAS, COUNTY and FORESTRY are authorized pursuant to ORS 190.003 through 190.110 to enter into an intergovernmental agreement for the performance of any or all functions which a party to the agreement has the authority to perform; NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties for and in consideration of the mutual promises and covenants contained herein, as follows: 1. Effective Date. This agreement is effective January 1, 2009. 2. Duration. This Agreement shall automatically renew for additional one -year terms, from July 1st through June 30t n, unless either party gives the other party at least 60 days prior to June 30 written notice of its intent not to renew this Agreement. 3. Period of Operation: Both parties agree that the COUNTY'S annual period of operation for services provided by FORESTRY in support of this agreement will be conducted during periods outside designated "FIRE SEASON" as determined annually by FORESTRY. 4. Services and Consideration. 4.1 Responsibilities of COUNTY. COUNTY shall: a. Initiate any requests for FORESTRY services under this agreement. b. Pay FORESTRY for all requested services under this agreement. Payment shall be based upon actual hours worked, including required breaks and meal periods. c. Provide Project Management personnel, as the COUNTY determines available: to provide management direction and oversight of project implementation. The COUt TY shall employ such personnel and the COUNTY assumes all legal responsibility as the employer of such personnel, including without limitation, payment of wages, insura ice and other compensation. Page 1 of 6 — INTERGOVERNMENTAL SERVICES CONTRACT DESCHUTES COUNTY /ODF CONTRACT ADMINISTRATION SERVICES d. Indemnify and hold the FORESTRY harmless against any liability for premiums, contributions, or taxes payable under any Workers Compensation, Disability Benefits, Old Age Benefits, including FICA or Tax Withholding Laws. e. COUNTY shall be responsible exclusively with respect to COUNTY employees, for providing for employment - related benefits and deductions that are required by law, including but not limited to federal and state income payroll tax deductions aid withholdings, worker's compensation coverage, and retirement contributions. f. The COUNTY shall provide supplies and /or equipment to FORESTRY as the COUNTY determines necessary to meet the requirements of this agreement as identified in Attachment 1. 4.2 Responsibilities of Forestry. Department of Forestry shall: a. Provide temporary personnel and transportation, as FORESTRY determines available to the use by and at the request of the COUNTY for the purpose of providing contract administration support services in support of Deschutes County wildland lire hazardous fuels reduction projects associated with privately owned and COUNTY lands within Deschutes County. Contract Administration support services include but are not limited to functioning as the COUNTY'S Contracting Officer's Representative in the administration of COUNTY fuels treatment service contracts with contractors, conducting hazardous fuels treatment assessments/ inspections before and atter treatment, coordination of work scheduling with participating landowners and contractors, conducting pre -work meetings/ inspections with contractors regarding contract treatment specifications, conducting interim work performance and final project inspections with contractors to determine satisfactory performance and payment recommendations. FORESTRY shall employ such personnel and FORESTRY assumes all legal responsibility as the employer of such personnel, including the payment of wages, insurance and other compensation due to such persons in compliance with applicable collective bargaining agreements, policies and Federal and State laws, supervision, direction and control. b. Indemnify and hold the COUNTY harmless against any liability for premiums, contributions, or taxes payable under any Workers Compensation, Disability Benefits, Old Age Benefits, including FICA or Tax Withholding Laws. c. FORESTRY shall be responsible exclusively with respect to its employees, for providing for employment - related benefits and deductions that are required by Ilaw, including but not limited to federal and state income payroll tax deductions and withholdings, worker's compensation coverage, and retirement contributions. d. FORESTRY shall perform the services under this contract as an independent contractor and not as COUNTY'S agent. e. All work performed by any FORESTRY employee during regular hours or in excess of regular hours, such as overtime, will be charged in accordance with the Fair L< bor Standards Act and /or applicable SEIU collective bargaining unit agreement(s) in effect at the time services are furnished. The rates are inclusive of all employment- rel,:lted benefits and deductions, and actual overhead expenses, such as insurance, ME als. etc. Page 2 of 6 — INTERGOVERNMENTAL SERVICES CONTRACT DESCHUTES COUNTY /ODF CONTRACT ADMINISTRATION SERVICES f. FORESTRY shall track all costs incurred while performing Services for or on behalf of COUNTY by accumulating costs for the Services in an expenditure account unique to this Agreement. FORESTRY'S cost for labor and equipment will be based on FORESTRY'S rate used for its internal financial management of personnel and equipment as of the date such services are provided. 5. Employee Status: The parties agree that the COUNTY may fulfill one or more of COUNTY S obligations under this agreement by entering into a service contract with an independent consultant. Notwithstanding any other provision in the Agreement, County shall be responsible for the conduct of such consultant. Further, consultant shall not be considered an employee or agent of FORESTRY for any purpose. . 6. Consideration. A. COUNTY shall pay FORESTRY for services and associated actual costs outlined above. The COUNTY shall reimburse FORESTRY monthly for services based on invoices submitted to the COUNTY by FORESTRY. The funds listed herein in Attachment #1 are FORESTRY'S estimated monthly operating costs and intended to cover FORESTRY'S services through a monthly period of operation associated with current fiscal year. Annually, FORESTRY MI provide to the COUNTY for budget planning purposes a revised estimate of FORESTRY'S monthly operating cost (Attachment #1) for the next annual operation period. If the agreement is extended, then the parties shall negotiate any adjustments in consideration for future years. B. COUNTY'S performance of its obligations hereunder is conditioned upon compliance with the provisions of ORS 279B.220, 279B.230, 279B.235, 279B.270, which are incorporated herein by this reference. Each party shall comply with all applicable federal, state and local laws, including those related to discrimination in employment because of race, color, ancestry, national origin, religion, sex, sexual orientation, marital status, age, medical condition, disability or association and all applicable laws, and regulations regarding the handling and expenditure of public funds. 7. Limitation. This Agreement is expressly subject to the provisions and requirements of ORS 30.260 through 30.300 and to the debt limitation of Oregon counties as set forth in Article X,, 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 FORESTRY has no funds legally available for consideration from other sources, then either party may terminate this agreement in accordance with Paragraph 4 of this agreement. Any provisions herein, which would conflict with law, are deemed inoperative to that extent. 8. Termination. Notwithstanding Paragraph 2, this Agreement may be terminated as follows: A. The parties to this Agreement may terminate this Agreement at any time by mutual written Agreement. B. Either party to this Agreement may terminate this Agreement for any reason upon 60 days written notice to the other party. Page 3 of 6 — INTERGOVERNMENTAL SERVICES CONTRACT DESCHUTES COUNTY /ODF CONTRACT ADMINISTRATION SERVICES C. If FORESTRY fails to provide services called for in this Agreement, then upon at least ten (10) days prior written notice to the FORESTRY, the COUNTY may immediately terminate this Agreement. D. FORESTRY may also terminate this Agreement effective upon delivery of written notice to the COUNTY, or at such later date as may be established by the FORESTRY, under any of the following conditions: 1) If state or federal laws, regulations or guidelines are modified, changed or interpreted in such a way that the services are not allowable or are no longer appropriate for purchase under this Agreement or are no longer eligible for the funding proposed for payments authorized by this Agreement. 2) If any license, permit or certificate required by law or regulation to be held by FORESTRY to provide the services required by this Agreement is for any reason denied, revoked, suspended, not renewed or changed in such a way that the FORESTRY no longer meets requirements for such license, permit or certificate. E. The COUNTY shall pay for work performed by FORESTRY prior to the termination date if such work was performed in accordance with the Agreement. Termination shall be without prejudice to any obligations or liabilities of either party already reasonably incurred prior to such termination. F. Notwithstanding the foregoing, any party may institute legal action to cure, correct or remedy any default, to enforce any covenant or agreement herein, or to enjoin any threatened or attempted violation of this Agreement. 9. Non - Discrimination. Each party agrees that no person shall, on the grounds of race, color, creed, national origin, sex, marital status, or age, 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), ORS 659.425, and all regulations and administrative rules established pursuant to those laws. 10. Partnership. Neither party is, by virtue of this agreement, a partner nor joint venturer in connection with activities carried out under this agreement, and shall have no obligation with respect to the other party's debts or any other liability or obligation of the other party of whatever kind or nature except as set forth in Paragraph 11 of this agreement. 10.1 FORESTRY'S authorized representative for purposes of this Agreement shall be the Prineville- Sisters Protection Unit Forester. 1O.2The COUNTY'S authorized representative for purposes of this Agreement shall be the County Forester. 11. Indemnification and Hold Harmless. To the extent permitted by the Oregon Constitution, Article XI, Section 10, and to the e) tent permitted by the Oregon Tort Claims Act, ORS 30.260 to 30.300, County shall defond, indemnify and save harmless Forestry and Forestry's elected officials, officers, agents and Page 4 of 6 — INTERGOVERNMENTAL SERVICES CONTRACT DESCHUTES COUNTY /ODF CONTRACT ADMINISTRATION SERVICES employees from and against any and all claims, lawsuits, or actions for damages, costs, losses, attorney fees and expenses, arising from County's torts, as the term "tort" is defined in ORS 30.260(8).9.2 To the extent permitted by the Oregon Constitution, Article XI, Section 10, and to the extent permitted by the Oregon Tort Claims Act, ORS 30.260 to 30.300, Forestry shall defend, indemnify and save harmless County and County's elected officials, officers, agents and employees from and against any and all claims, lawsuits, or actions for damages, costs, losses, attorney fees and expenses, arising from County's torts, as the term "tort" is defined in ORS 30.260(8). 12. Attorney Fees. In the event an action, lawsuit or proceeding, including appeal there from, is brought for failure to fulfill or comply with any of the terms of this agreement, each party shall be responsible for their own attorney fees, expenses, costs and disbursements for said action, lawsuit, proceeding or appeal. 13. No Waiver of Claims. The failure by either party to enforce any provision of this agreement sl- all not constitute a waiver by that party of that provision or of any other provision or provisions of t 14. Entire Agreement. 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 all parties to this Agreement. DATED this day of , 2009. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Dennis R. Luke, Commissioner ATTEST: Tammy Melton, Commissioner Recording Secretary Alan Unger, Commissioner Page 5 of 6 — INTERGOVERNMENTAL SERVICES CONTRACT DESCHUTES COUNTY /ODF CONTRACT ADMINISTRATION SERVICES DATED this day of , 2008. OREGON DEPARTMENT OF FORESTRY George Ponte, District Forester Date Page 6 of 6 — INTERGOVERNMENTAL SERVICES CONTRACT DESCHUTES COUNTY /ODF CONTRACT ADMINISTRATION SERVICES ATTACHMENT #1 FORESTRY'S MONTHLY OPERATING COST ESTIMATE FOR FY09 In compliance with provision 6.A., Considerations, of this agreement, FORESTRY is to provide to the COLINTY an estimate of anticipated operating costs associated with FORESTRY'S services in the performance of this agreement. The intent of this cost estimate is to provide information to the COLINTY for budget planning purposes. FORESTRY is to provide an operating cost estimate on an annual basis prior to the next operation period. FORESTRY'S cost estimate will consist of a monthly estimate of wages associated with personnel services and an estimate vehicle mileage rate for vehicles used to support the transportation needs of the FORESTRY personnel in the performance of this agreement. FORESTRY'S cost estimate wage and vehicle mileage rates will be based upon the current fiscal year's rate in which operations are to occur. PersonneLServices Operating Cost for FY09: • NRS1: $3235.32 + OPE $1552.48 = $ 4787.80/ month • Wages for two Natural Resource Specialist 1s are not expected to exceed $9575.60/ month Vehicle Operating Cost Mileage rate for FY09; • ODF Vehicle # 01 -493 $0.45 /mile • ODF Vehicle # 04 -434 $0.63 /mile • Vehicle operating cost mileage rate is not expected to exceed $0.63/ mile for this fiscal year.