HomeMy WebLinkAboutDoc 407 - IGA - State - Trailer StorageDeschutes 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 December 9, 2009
Please see directions for completing this document on the next page.
DATE: December 3, 2009
FROM: Teresa Rozic Property & Facilities 385 -1414
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Document 2009 -407, an Intergovernmental Agreement between
Deschutes County and the State of Oregon.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
The State of Oregon, Judicial Department ( "OJD ") wishes to lease space at the Deschutes County Road
Department Compound to store a 24' travel trailer. The OJD, through its Security and Emergency
Prepardness Office, uses trailers like this as incident command centers; they are staged in various
locations around the state. OJD will make all modifications to the 30' x 15' lease area to store and
maintain the trailer. The Road Department support services manager has approved the scope of work
proposed by OJD. This is a 4 -year lease
FISCAL IMPLICATIONS:
There is an annual base rental amount of $900.00.
RECOMMENDATION & ACTION REQUESTED:
Staff recommends signature of Document 2009 -407.
ATTENDANCE: Teresa Rozic
DISTRIBUTION OF DOCUMENTS:
Originals to Teresa Rozic for signature by the OJD.
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:
2/03/2009
Please complete all sections above the Official Review line.
Department:
Contractor /Supplier /Consultant Name:
Contractor Contact: Mary Ellen Gregolj
Property & Facilities
State of Oregon - Judicial Department
503.986.5525
Contractor Phone #:
Type of Document: Intergovernmental Agreement - Trailer Storage
Goods and /or Services: N/A
Background & History: The State of Oregon, Judicial Department ( "OJD ") wishes to
lease space at the Deschutes County Road Department Compound to store a 24' travel
trailer. The OJD, through its Security and Emergency Prepardness Office, uses trailers
like this as incident command centers; they are staged in various locations around the
state. OJD will make all modifications to the 30' x 15' lease area to store and maintain
the trailer. This is a 4 -year lease
Agreement Starting Date:
Upon signature
Annual Value or Total Payment:
Ending Date:
$900.00 annual rental
N/A ❑ Insurance Certificate Received (check box
Insurance Expiration Date:
4 years from signature
State of Oregon provides its own
insurance within the limits of
ORS 30.260 — 30.300
N/A Check all that apply:
❑ RFP, Solicitation or Bid Process
❑ Informal quotes ( <$150K)
❑ Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37)
N/A Funding Source: (Included in current budget? ❑ Yes ❑ No
If No, has budget amendment been submitted? ❑ Yes ❑ No
Is this a Grant Agreement providing revenue to the County? ❑ Yes ® No
Special conditions attached to this grant:
Deadlines for reporting to the grantor:
12/3/2009
Teresa Rozic
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: I I Yes ❑ No
Contact information for the person responsible for grant compliance: Name:
Phone #:
Departmental Contact and Title:
Department Director Approval:
Phone #: 385 -1414
Signature Date
Distribution of Document: Originals to Teresa Rozic for signature by the lessee.
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
12/3/2009
REVIEWED
LEGAL COUNSEL
INTERGOVERNMENTAL AGREEMENT
TRAILER STORAGE
FOR USE OF COUNTY PROPERTY AT 61150 SE 27th STREET, BEND
This Agreement is entered into under the provisions of ORS Chapter 190 between
DESCHUTES COUNTY, a political subdivision of the State of Oregon, hereinafter referred to as
"County ", and the STATE OF OREGON, acting by and through its Oregon Judicial Department,
hereafter referred to as "OJD."
1. Recitals.
1.1. County owns real property, commonly known as 61150 SE 27th Street, Bend,
Oregon, in the NW 1/4 of Section 14, Township 18 South, Range 12 East of the
Willamette Meridian, ( "the Road Department Compound ").
1.2. OJD wishes to store in a secure storage area a 24' emergency response trailer
owned by OJD, at the Road Department Compound.
1.3. For purposes of this Agreement, County and OJD have identified a portion of the
Road Department Compound for the exclusive use of OJD approximately 30' x 15'
laying easterly of and abutting the easterly exterior wall of Building "C ", shown and
described on the attached Exhibit A, which is incorporated herein by reference,
hereafter referred to as "the Property ".
2. Effective Date /Duration
2.1. The Effective Date of this Agreement is September 1, 2009, or upon signature of
all parties, whichever is later and shall terminate at the end of a 4 -year period on
which date this Agreement automatically terminates unless extended by a fully
executed amendment.
2.2. Either party may terminate this Agreement in the party's sole discretion upon
giving not Tess than ninety (90) days written notice.
3. Payment
3.1. OJD shall pay to County as rent the sum of Seventy -Five Dollars ($75.00) per
month, commencing with the date specified in Paragraph 2.1. Rent may be
prorated for the first partial month.
3.2. On each anniversary date of the Effective Date the rent shall be escalated by two
and one -half percent (2.5 %) over the then applicable rent.
Document 2009 -407
Page 1 of 6 OJD Contract No. 100107
3.3. OJD shall pay monthly rent and reimburse County for expenses incurred by
County in providing utilities to trailer, including electricity and Internet service.
OJD shall pay County within forty five (45) days of receipt of invoice. The invoice
shall include a detail of all expenses. Payment shall be made payable to
Deschutes County Property and Facilities Department, 14 NW Kearney Avenue,
Bend Oregon, 97701, or at such other address as may be designated in writing
by Lessor.
3.4. Payment for rent and reimbursement shall not exceed a maximum amount of
$6000.00 annually for each year of this Agreement.
4. Responsibilities of OJD. OJD shall:
4.1. After the Effective Date, at its option and sole cost, place an RV shelter for cover
over the trailer; bring power and an Internet connection to the trailer. OJD will
install an independent branch circuit from Building "C" for the power and Internet
connection. The trailer requires 30 amp and 20 amp service with appropriate 30
amp RV electric receptacle.
4.2. Prepare at its sole cost and submit all application materials, including necessary
design drawings, surveys and engineering in order to obtain land use approval for
installation of the RV shelter and utilities.
4.3. At its option, obtain and maintain a property insurance policy covering the trailer
and its contents.
4.4. Remain responsible for major maintenance and repairs of the trailer.
4.5. Obtain exemption from assessment of property taxes or otherwise be responsible
for payment thereof.
4.6. Conform to all applicable laws and regulations of any public authority affecting the
real property and the use of said real property, and correct at OJD's own expense
any failure of compliance created through OJD's fault or by reason of OJD's use of
said real property.
4.7. Upon termination of this Agreement, remove structures and utility connections
and, as nearly as practicable, restore the Property to its condition prior to this
Agreement.
4.8. Update and maintain a list of people who are authorized to have access to the
storage location. This list shall be identified as Exhibit B. Each time OJD revises
Exhibit B, it will be identified with the revision date and OJD will send it to the
County contact listed below.
4.9. OJD shall not operate an incident command center from the trailer while it is on
the Road Department Compound.
5. Responsibilities of County. County shall:
5.1. Provide OJD secure trailer storage on the property identified in Exhibit A.
Document 2009 -407
Page 2 of 6 OJD Contract No. 100107
5.2. Provide OJD with a security code for the Road Department compound gate.
5.3. Provide access to authorized OJD and ODOT Staff, listed on Attachment A, to
storage location on a twenty -four hour per day, seven day a week (24/7) basis for
both maintenance and dispatching of the trailer.
5.4. Provide minor mechanical services as needed to ensure safe transport of trailer
(flat tire repair, exterior Tight repair).
5.5. Provide access to secure storage area for OJD's vendors to install internet
connectivity and erect covered shelter for trailer.
5.6. Remain responsible for maintenance of the Property, including but not limited to
access road and snow removal.
6. This Agreement shall serve as a license to the OJD to use the Property as provided herein.
This Agreement shall not constitute a land use permit or approval, nor shall OJD undertake
or permit any activity to take place within the Property in violation of local land use
ordinances or any other federal, state or local laws. For purposes of any required land use
proceeding this Agreement shall serve as County's authorization to OJD to submit such
application and, at OJD expense, appropriate justification in support thereof. Provided
however, County's authorization shall not be construed as County's acceptance of any
conditions of land use approval.
7. Nonpartnership. Neither party is, by virtue of this Agreement, a partner or joint venturer with
the other party in connection with activities carried out under this Agreement, and neither
party shall have any obligation with respect to the others debts or any other liabilities of any
kind or nature except as specifically provided herein.
8. ENVIRONMENTAL POLLUTION.
8.1. The provisions of this section supplement other Agreement provisions that
might be applied concerning the OJD's obligations, responsibilities and
liabilities for environmental pollution and for compliance with the laws,
regulations or orders of any governmental agency concerning environmental
pollution on the premises. To the extent that the provisions of this section
conflict with any such other provisions, the provisions of this section shall
control. Where terms of this section use terms that are found in applicable
state and federal environmental pollution laws, those terms shall have the
same meaning as they have in those state and federal laws. OJD will not
generate, store, process or dispose of or release or discharge into the
environment hazardous, toxic, radioactive or other dangerous substances on
or about the Property in any amount, nor will OJD allow such prohibited
activities to take place on the Property during the Agreement term.
8.2. The obligations, responsibilities and liabilities of this section are continuing
obligations, responsibilities and liabilities and shall not be extinguished by the
termination of this Agreement.
Document 2009 -407 Page 3 of 6 OJD Contract No. 100107
8.3. Each party shall be responsible, to the extent permitted by the Oregon Tort Claims
Act (ORS 30.260- 30.300), only for the acts, omissions or negligence of its own
officers, employees or agents.
9. Miscellaneous.
9.1. OJD designates Larry E. Raaf to represent OJD in all matters pertaining to
administration of this Agreement until such time as OJD notifies County in writing
that another person is designated to represent the OJD.
9.2. County designates Dennis Morris to represent County in all matters pertaining to
administration of this Agreement until such time as County notifies OJD in writing
that another person is designated to represent the County.
9.3. Any notice or notices provided under this Agreement or by law to be given or
served upon either party shall be given or served by certified letter, deposited in
the U.S. mail, postage prepaid, and addressed to:
Larry E. Raaf, Manager
Security and Emergency Preparedness
Office
Oregon Judicial Department
1163 State Street
Salem, OR 97301
Susan Ross, Director Property and Facilities
Deschutes County
14 NW Kearney Avenue
Bend, OR 97701
9.4. This Agreement constitutes the entire Agreement between the parties concerning
the subject matter hereof, and supersedes any and all prior or contemporaneous
agreements or understandings between 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 both parties.
9.5. Should any provision or provisions of this Agreement be construed by a court of
competent jurisdiction to be void, invalid or unenforceable, such construction shall
affect only the provision or provisions so construed, and shall not affect, impair or
invalidate any of the other provisions of this Agreement which shall remain in full
force and effect.
9.6. The failure by any party to enforce any provision of this Agreement shall not
constitute a waiver by that party of that provision or of any other provision of this
Agreement.
9.7. Assignment.
OJD shall not assign or sub -rent the Property without the prior written consent of
County, which consent shall not be unreasonably conditioned, delayed or denied.
SIGNATURE PAGES FOLLOW
Document 2009 -407 Page 4 of 6 OJD Contract No. 100107
COUNTY:
DATED this of , 2009 BOARD OF COUNTY COMMISSIONERS
ATTEST:
TAMMY BANEY, CHAIR
DENNIS R. LUKE, CHAIR, VICE CHAIR
Recording Secretary ALAN UNGER, COMMISSIONER
STATE OF OREGON, County of Deschutes) ss.
Before me, a Notary Public, personally appeared, TAMMY BANEY, DENNIS R. LUKE and
ALAN UNGER, the above -named Board of County Commissioners of Deschutes County,
Oregon and acknowledged the foregoing instrument on behalf of Deschutes County, Oregon.
DATED this day of , 2009.
Document 2009 -407
Notary Public for Oregon
My Commission Expires:
Page 5 of 6 OJD Contract No. 100107
OJ D:
By
Kingsley W. Click
(printed /typed name)
State Court Administrator
Title
Date
Approved to form and legal sufficiency by:
OJD Legal Counsel Division
Date
Document 2009 -407
Page 6 of 6 OJD Contract No. 100107
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LEASE — DESCHUTES COUNTY GRANT TO OREGON JUDICIAL DEPARTMENT FOR RV TRAILER STORAGE
LOCATED AT THE DESCHUTES COUNTY ROAD DEPARTMENT IN THE NW 1/4 SEC. 14, T18S, R12E, W.M., BEND, OREGON
DESCHUTES COUNTY ROAD DEPARTMENT
61150 S.E. 27TH STREET, BEND, OR. 97702
SCALE: 1" =100'
DRAWN BY: M.J.B. I DATE: 7/7/09
REVISIONS:
SHEET
1 OF 1
FILE.Dcpwsite.dwg
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EXHIBIT B
Authorized Oregon Judicial Department (OJD) and Oregon Department of
Transportation (ODOT) Staff
December 2, 2009
Name
Phone No.
Office
Phone No.
Blackberry
Phone No.
Home
E -Mail
OJD - Office of the State Court Administrator - SALEM
Peter Diec
503- 986 -5537
971 - 239 -8480
503 - 409 -4309
Peter.diecnoid.state.or.us
Nick Hodges
503 - 986 -7000
971 - 239 -8498
503 -856 -9168
Nicolas.s.hodges a(�oid.state.or.us
011ie Brown
503 - 986 -5883
971 - 239 -8481
541 - 741 -7616
oliver.brownnoid.state.or.us
Ken Pressley
503 - 986 -5891
971 - 239 -8476
503 - 581 -6421
kenneth .e.pressleyold.state.or.us
Larry Raaf
503 - 986 -5123
503 - 302 -0107
503 - 371 -8850
Larry.raafaojd.state.or.us
Evan West
503 - 986 -4547
503 -508 -3697
503 - 871 -3427
evan.d.westAoid.state.or.us
OJD - Deschutes County Circuit Court - BEND
Ernie Mazorol (TCA)
Ray Boone (TSS)
Michelle DeBoard
(TSS)
Marybeth Jaeger
(AA)
Sara Morris (MA)
Susan Clark
(Supervisor)
Christa Neal
(Supervisor)
Christie Combs
(Supervisor)
Michael C. Sullivan
(Judge)
Alta J. Brady (Judge)
ODOT
Deschutes County Document #2009 -407
OJD Contract # 10(1107