HomeMy WebLinkAboutIGA - License - DEQ - Air Quality MonitoringDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1900
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of May 28, 2008
Please see directions for completing this document on the next page.
DATE: May 20, 2008
FROM: Dennis Morris. Road 322-7125
TITLE OF AGENDA ITEM:
Consideration of Board Signature of inter -agency agreement and revocable license with Oregon
Department of Environmental Quality
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
The Department of Environmental Quality wishes to place an ambient air quality monitoring station on
Deschutes County property located within the Road Department compound at 61150 SE 27t Street,
Bend OR. This project has been discussed and approved by our property management and legal staff.
The site will consist of a 7'x7'x8' tall instrument shelter. Adjacent to the shelter will be a 30' tall
aluminum tower to support the sensors. Placement will not impede daily operations of the Road
Department.
FISCAL IMPLICATIONS:
The Department of Environmental Quality will reimburse Deschutes County a flat rate of $18.00pr
month for electrical consumption on a quartely basis.
RECOMMENDATION & ACTION REQUESTED:
We are requesting that the Board approve and sign the revocable license #2008-026 and the inter-
agency agreement #2008-270.
ATTENDANCE: Dennis Morris, Road Department
DISTRIBUTION OF DOCUMENTS:
Attached are two signed copies of the site agreement #2008-270 and two signed copies of the revoc able
license #2008-026. Please return one fully signed copy of each document to the Department of
Environmental Quality in the stamped, self-addrresed envelope provided.
Oregon Department of Environmental Quality
Laboratory & Environmental Assessment Division
3150 NW 229t" Avenue, Suite 150
Hillsboro, OR 97124
County to receive $18.00 per month for electricity
Support Services Manager
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:
Please complete all sections above the Official Review line.
May 20, 2008
Contact Person:
Dennis Morris
Contractor/Supplier/Consultant Name:
Department:
Road
Phone #:
322-7125
Ore on De.artment of Enviromental Qualit
Goods and/or Services: Revocable license and agreement to be signed for instalation
of air quality monitoring station on Deschutes County property located at the Road
Department facility.
Background & History: Attached to this document.
Agreement Starting Date:
5/28/08
Annual Value or Total Payment:
useage.l
Ending Date: / /5t
Insurance Certificate Received (check box) ,�4
Insurance Expiration Date:
Check all that apply:
RFP, Solicitation or Bid Process /,//4
Informal quotes (<$150K)
Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37)
II
II
II
Funding Source: (Included in current budget? Yes
If No, has budget amendment been submitted?
Departmental Contact:
Title:
Dennis Morris
Department Director Approval:
Signature
II
Yes
No /✓'//4 -
No
Phone #:
322-7125
`.372°/
D ate
Distribution of Document: One signed copy of each to be mailed to Department of
Environmental Quality,
Official Review:
County Signature Required (check one): ❑ BOCC ❑ Department Director (if <$25K)
❑ Administrator (if >$25K but <$150K; if >$150K, BOCC Order No.
5/20/2008
Legal Review Date
Document Number
5/20/2008
Oregon
Theodore Kulongoski, Governor
May 12, 2008
Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200
Bend, OR 97701
Dear Board members:
Department of Environmental Quality
Laboratory Division
3150 NW 229" —Suite 150
Hillsboro, OR 97124
Voice & TTY(503) 693-5700
Fax (503)693-4999
The Oregon Department of Environmental Quality (DEQ) Air Quality Monitoring section
appreciates your cooperation and consent in allowing the placement of an ambient air quality
monitoring station on Deschutes County property in Bend. The site will become an important
addition to the existing network of approximately 45 air monitoring sites that DEQ maintains
state wide. Specifically, the site will provide important summertime ozone (smog) data and year-
round meteorological data (wind speed, wind direction and temperature as they relate to pollutant
transport). Deschutes County is providing a great public service by helping to make this
information possible.
The site will be located within the compound of the Deschutes County Road Department located
at 61150 SE 27th Street in Bend, Oregon. The site will be situated midway along the northern
border of the compound at a spot mutually agreed upon by DEQ and the Road Department where
it will be out of the way and not impede daily Road Department operations. The site will consist
of a 7'x 7'x 8' tall, prefabricated instrument shelter. Adjacent to the shelter will be a 30' tall,
lightweight aluminum tower to support the meteorological sensors. The tower is of a tapered
triangular configuration 14" or less to a side. The tower is designed to be anchored at ground
level and secured to the shelter by means of a special mounting kit to provide the proper support.
Power will be supplied to the site via an underground circuit branched off of the compound's
electrical grid. Sufficient excess power has already been confirmed by the same electrician who
will install the electrical service for DEQ and who has previously done other work for the Road
Department. DEQ will also obtain any electrical and building permits required by the City of
Bend. A flat rate of $18.00 per month has been calculated to cover DEQ's minimal power needs.
This amount can be is adjusted as needed. DEQ agrees to reimburse Deschutes County on a
quarterly basis for our electrical consumption. All costs of site installation and operation will be
the responsibility of DEQ. This includes any work that the Road Department may furnish to
assist with the trenching for the underground electrical circuit.
Once operational, a DEQ technician will make 1 or 2 visits to the site each week to perform
routine service. A typical service visit lasts between 30 and 90 minutes. All service will be
performed during normal Road Department business hours. Spare keys for emergency access to
the site will be left with the Road Department office.
DEQ intends to operate the site exactly as proposed and to comply fully with all terms and
conditions set forth in the Revocable License (#2008-026) granted to DEQ by Deschutes County.
It is anticipated that site installation will occur in phases beginning in late May or early June. The
site should be fully operational by July 1, 2008. DEQ will work closely with Road Department
personnel regarding all matters of site installation.
Enclosed find two signed copies of DEQ's Site Agreement and Liability Release Forms. Please
sign both copies and return one to me in the stamped, self-addressed envelope provided. Also
enclosed is the Revocable License which has been signed by DEQ. Please return a fully signed
copy of the License for our records along with the Liability Release Form. Please retain copies of
each along with this agreement letter for your records.
Thank you again for your cooperation with this matter. Please contact either Mark Hansen or
myself at 1-503-693-5700, or toll-free in Oregon at 1-800-452-4011 with any questions or
concerns.
Sincerely,
l�j
irs
Jeffrey M. Smith
Air Quality Monitoring Manager
REVIEWED
DESCHUTES COUNTY
LEGAL COUNSEL
REVOCABLE LICENSE
D'
2008
::3 CO
Deschutes County, Oregon (County) hereby grants the State of Oregon
Department of Environmental Quality (Licensee), a non-exclusive revocable
license to use County real property, as shown on the attached map, marked
Exhibit A, which is incorporated herein and shall be referred to herein as Parcel.
RECITALS
County owns Parcel for the principal purpose of public works operations during
County's customary business hours. Licensee desires to install, maintain and
remove air sampling equipment on a designated location on the Parcel, more
particularly identified on the attached map. County is willing to grant Licensee a
non-exclusive, revocable license for the above -stated purpose. This revocable
license shall be without cost or charge to Licensee.
NOW THEREFORE, this revocable license is granted upon the following terms and
conditions:
1. The use of Parcel shall be for the limited purpose of Licensee's installation,
maintenance and removal of air sampling equipment.
2. Licensee shall keep and utilize the designated portion of Parcel in a clean
and safe condition and in compliance with all statutes and rules. Licensee
understands and agrees that the County and members of the public routinely use
the Parcel throughout the day. County's granting of this license and Licensee's use
thereof shall not be construed as creating an agency relationship or partnership
between the two parties.
3. Licensee, its employees, agents and invitees, shall exercise the privileges
contained herein at their own risk. Licensee agrees to be responsible for any
damage or third party liability which may arise from the installation, use,
maintenance, existence or removal of the air sampling equipment subject to the
limitations and conditions of the Oregon Tort Claims Act (ORS 30.260 — 30.300)
and the Oregon Constitution (Article XI, Section 7). Licensee shall not be required
to indemnify or defend the County for any liability arising out of the wrongful acts of
employees or agents of the County.
4. Licensee shall be fully responsible for any claim of damage, cost or expense
on account of such use of the Parcel by Licensee.
License — 2008-026 1 of 2
5. County may revoke this License at any time upon giving Licensee not less
than thirty (30) days written notice of its intent to do so. Termination or revocation
of this license shall not affect the accrual of any cause of action which might arise
while this license was in effect.
6. In the event this license is revoked, County shall not be liable to Licensee
and Licensee hereby releases and discharges County, its officers, agents and
employees from any liability, cost or damage arising from or in any way related to
County's action relating to the revocation of the license.
Oregon Department of Environmental Quality (DEQ)
Gregory P
DEQ Laboratory Administrator
Dated this day of , 2008.
ATTEST:
Date
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
DENNIS R. LUKE, CHAIR
TAMMY (BANEY) MELTON, VICE CHAIR
Recording Secretary MICHAEL M. DALY, COMMISSIONER
License — 2008-026 2 of 2
State of Oregon
Department of Environmental Quality
Air Quality Monitoring Site Agreement
Deschutes County, owns or has exclusive rights to the property known as
The Deschutes County Road Department, and located at 61150 SE 27th St.,
Bend, Oregon (Property). Owner grants permission to the State of Oregon
Department of Environmental Quality (DEQ) to install, maintain and remove air
sampling equipment on the Property.
DEQ agrees to release Owner, his or her officers, agents and employees from aII
liability for damages to DEQ equipment installed on the Property.
The State of Oregon agrees to be responsible for any damage or third party
liability which may arise from the installation, maintenance, existence or removal
of the air sampling equipment subject to the limitations and conditions of the
Oregon Tort Claims Act (ORS 30.260 — 30.300) and the Oregon Constitution
(Article XI, Section 7), to the extent of liability arising out of the negligence of the
State. The State shall not be required to indemnify or defend the Owner for any
liability arising out of the wrongful acts of employees or agents of the Owner.
Board of County Commissioners of Deschutes County, Oregon
Dennis R. Luke, Chair Date
Tammy (Baney) Melton, Vice Chair Date
Michael M. Daly, Commissioner Date
Oregon Department of Environmental Quality (DEQ)
Gregory Pettit�Q Laboratory A. istrator Date