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Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.or,
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of June 11, 2008
Please see directions for completing this document on the next page.
DATE: May 29, 2008
FROM: Dan Peddycord Health Department 322-7426
TITLE OF AGENDA ITEM:
Consideration of signature of Document # DC -2008-256 — the 2008 Intergovernmental Services
Agreement for the Four Rivers Vector Control District and Deschutes County for the surveillance and
testing of West Nile Virus in mosquito populations across Deschutes County, outside of the Four Rivers
Vector Control District.
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
Four Rivers Vector Control District will provide equipment, labor and supplies necessary for the
surveillance and testing of mosquito populations across Deschutes County, outside of the Four Rivers
Vector Control District to a maximum of $2,500. In addition and upon specific request of an authorized
agent of the County, the Four Rivers Vector Control District agrees to provide control and reduction of
mosquito larvae and adult mosquitoes in accordance with best practices on behalf of and for the benefit
of Deschutes County to a maximum of $14,000. This agreement is effective June 1, 2008 to November
1, 2008.
FISCAL IMPLICATIONS:
Expenditure of up to $16,500 is within the current Department budget allocation for FY 08-09.
RECOMMENDATION & ACTION REQUESTED:
Approval and signature of Document # DC -2008-256 — the 2008 Intergovernmental Services
Agreement for the Four Rivers Vector Control District and Deschutes County is requested.
ATTENDANCE: Dan Peddycord.
DISTRIBUTION OF DOCUMENTS:
Original to: Jill Fox, Health Department, 2577 NE Courtney Drive, Bend, Oregon 97701; and a copy
to: Bruce Landholt, Four Rivers Vector District, 56478 Solar Drive, Bend, Oregon 97701.
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 29, 2008
Contact Person:
DAN PEDDYCORD
Department:
HEALTH
Phone #:
322-7426
Contractor/Supplier/Consultant Name: Four Rivers Vector Control District, Bruce
Landholt, Four Rivers Vector District, 593-1689, 56478 Solar Drive, Bend, Oregon
97701.
Goods and/or Services: Consideration of signature of Document # DC -2008-256 — the
Intergovernmental Services Agreement for the Four Rivers Vector Control District and
Deschutes County for the surveillance and testing of West Nile Virus in mosquito
populations across Deschutes County, outside of the Four Rivers Vector Control
District.
Background & History:
Four Rivers Vector Control District will provide equipment, labor and supplies necessary
for the surveillance and testing of mosquito populations across Deschutes County,
outside of the Four Rivers Vector Control District to a maximum of $2,500.
In addition and upon specific request of an authorized agent of the County, the Four
Rivers Vector Control District agrees to provide control and reduction of mosquito larvae
and adult mosquitoes in accordance with best practices on behalf of and for the benefit
of Deschutes County to a maximum of $14,000.
Agreement Starting Date:
June 1, 2008
Annual Value or Total Payment:
Ending Date:
Not to exceed $16,500
X Insurance Certificate Received (check box)
Insurance Expiration Date:
Check all that apply:
❑ RFP, Solicitation or Bid Process
❑ Informal quotes (<$150K)
X Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37)
January 1, 2009
November 1, 2008
Funding Source: (Included in current budget? X Yes ❑ No
If No, has budget amendment been submitted? ❑ Yes ❑ No
Departmental Contact: Dan Peddycord Phone #:
Title: Director, Health Department
322-7426
5/29/2008
Department Director Approval: -.:!;3
672/1)c'
Sign `ure Date
�
Distribution of Document:
Include complete information if document is to be mailed.
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
5/29/2008
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
INTERGOVERNMENTAL SERVICES CONTRACT
This Agreement, is made and entered into by and between Deschutes County, a political subdivision
of the State of Oregon, hereinafter referred to as "County," and the Four Rivers Vector Control
District, a vector control district formed and operating pursuant to the laws of the State of Oregon,
hereinafter referred to as "District."
WHEREAS, District is authorized pursuant to ORS 452.110(9) to enter into an intergovernmenral
agreement with County to perform any activity the District is authorized to perform for the eradication,
control and prevention of public health vectors; and
WHEREAS, both County and District find it beneficial to enter into this agreement in order for District to
provide for the County, control, surveillance and testing of mosquitos potentially carrying West Nile or
other viruses; 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 June 1, 2008.
2. Duration. This agreement terminates at 11:59 p.m. on November 1, 2008 unless sooner
terminated in accordance with Paragraph 6 of this agreement.
3. Services. District agrees to provide equipment, labor and supplies necessary for the surveillance
and testing of West Nile Virus in mosquito populations across Deschutes County, outside of the Four
Rivers Vector Control District. In addtion and upon specifc request of an authorized agent of the
County, the District Agrees to provide, within available resources, the equiptment, labor and supplies
necessary for the reduction and control of mosquito larvae and adult mosquitoes (mosquito control)
in accordance with best practices on behalf of and for the benefit of County and such other services
as the parties may agree upon. Services shall be performed in accordance with a schedule approved
by the parties.
A. Mosquito control shall comply with all laws, regulations, and orders of any public authority
bearing on the performance of District's services hereunder. Without limiting the generality of
the foregoing, District shall strictly comply with the Federal Insecticide, Fungicide and
Rodenticide Act (FIFRA), the Clean Water Act and regulations adopted pursuant thereto. All
work performed under the terms of this Agreement shall be under the supervision of
applicators, licensed and certified to conduct mosquito control.
B. County will coordinate the necessary review and approval process of a Vector Control Plan
prepared by District, as required by law and involving the Local Public Health Authority, the
State Department of Human Services - Health Services Division office of the State
Veterinarian, and the State Department of Fish and Wildlife. County will authorize mosquito
control only after all necessary approvals have been obtained.
Page 1 of 5 - INTERGOVERNMENTAL SERVICES CONTRACT - DESCHUTES/DISTRICT — VECTOR CONTROL
4. Access to Property. District may rely on ORS 452.240 to enter upon privately owned property for
purposes of carrying out mosquito control and other services under this Agreement. Where a
property owner objects to District or its agents entering upon such property, County may assist in
obtaining express approval from the owner(s) of such property or seek appropriate court approval in
order to allow County and District access for the performance of services provided hereunder. Where
access still cannot be obtained, District, its employees and agents shall not enter upon such property.
5. Consideration.
A. The County shall pay District a sum of $ 2,500 for surveillance and testing for West Nle
Virus in mosquito populations within Deschutes County, but outside the boarders of the Four
Rivers Vector Control District or Sun River.
B. For Services related to reduction and control of mosquito populations, as specifically
requested by an authorized County representative, County shall pay District for ground
larvicide application on a fee-for-service basis at the rate of $55 per hour. Other work shall
be subject to negotiated rates and charges. Maximum consideration authorized for this
service shall not exceed $14,000. Payment for hours worked shall be the complete
compensation to District for services performed under this subsection.
C. County's performance of its obligations hereunder is conditioned upon District's compliance
with the provisions of ORS 279.312, 279.314, 279.316, 279.320 and 279.555, which are
incorporated herein by this reference.
6. 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 45 days
written notice to the other party.
C. County may immediately terminate this Agreement if County provides the District not less
than 10 calendar days prior written notice, and the District fails to provide services called for
by this Agreement.
D. County may also terminate this Agreement effective upon delivery of written notice to the
District, or at such later date as may be established by the County, 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
the District 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
District no longer meets requirements for such license, permit or certificate.
If any notice of a potential lawsuit under the federal Clean Water Act or
Endangered Species Act, or any regulations thereunder is delivered to any of
Page 2 of 5 — INTERGOVERNMENTAL SERVICES CONTRACT - DESCHUTES/DISTRICT - VECTOR CONTROL
the parties to this agreement and after review of the facts and issues disclosed
by such notice the County in its reasonable discretion determines that it cannot
avoid litigation.
E. County shall pay for work performed by District 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.
7. Delegation and Reports. District shall not delegate the responsibility for providing services
hereunder to any other individual or agency and shall provide County with periodic reports at the
frequency and with the information prescribed to be reported by County.
8. Limitation. This agreement is expressly subject to the debt limitation of Oregon counties as set
forth in Article XI, 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 County has no funds legally available
for consideration from other sources, then either party may terminate this agreement in accordance
with Paragraph 6 of this agreement. Any provisions herein, which would conflict with law, are deemed
inoperative to that extent.
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 District 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 or 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.
11. Hold Harmless. District shall defend, indemnify, and save harmless County and Sunriver
Owners' Association from and against any and all claims, lawsuits, actions, damages, attorney fees,
experts fees, costs, fines, penalties losses and expenses, arising from District's provision of services
under this agreement subject to statutory and constitutional limitations.
12. Insurance. District shall at all times maintain in force at District's expense, commercial general
liability insurance with a combined single limit of not less than $1,000,000. This insurance must
include contractual liability coverage and shall name Deschutes County, its officers, agents,
employees and volunteers as an additional insured. All insurance policies shall be written on an
occurrence basis and be in effect for the term of this contract. County shall at all times maintain in
force at County's expense, commercial general liability insurance in amounts not less than the limits
of liability under the Oregon Tort Claims Act, ORS 30.260, et. seq. District and County may satisfy
their obligations hereunder through self insurance pursuant to ORS 30.282.
13. Notice of Any Threat of Litigation. County and District shall provide each other notice of any and
all threats of litigation in connection with the mosquito control activities covered by this Agreement
within 24 hours of receipt of such notice and to Four Rivers within the same time period.
Page 3 of 5 — INTERGOVERNMENTAL SERVICES CONTRACT - DESCHUTES/DISTRICT - VECTOR CONTROL
14. Third Party Beneficiaries. County and District are the only parties to this Agreement and are the
only parties entitled to enforce its terms. Nothing in this Agreement gives or provides any benefit or
right, whether directly, indirectly, or otherwise, to third persons unless such third persons are
individually identified by name in this Agreement and expressly described as intended beneficiaries of
this Agreement. Sunriver Owners' Association is an intended beneficiary under this agreement.
15. Arbitration. Notwithstanding anything contained herein to the contrary, any dispute arising under
this Agreement shall be promptly submitted to and heard by the Arbitration Service of Portland, Inc.,
or by any other arbitrator mutually agreed upon between the parties to the dispute. Unless the parties
mutually agree otherwise, the arbitration shall take place in Deschutes County. Costs of arbitration
shall be shared equally, , unless the dispute is in regards to Paragraph 11, Hold Harmless, where the
costs of arbitration shall be borne by the non -prevailing party. The determination of the arbitrator shall
be binding upon the parties hereto, and judgment upon the award rendered may be entered in any
court having jurisdiction thereof. Each party shall be responsible for their own expenses, unless the
dispute is in regards to Paragraph 11, Hold Harmless where all the expenses associated with
arbitration shall be borne by the non -prevailing party.
16. Notices. All notices and other written communications required or permitted under this
Agreement shall be deemed effectively given when delivered in person or when deposited for delivery
by registered or certified mail or by overnight courier, addressed as follows:
If to District, to:
If to the County, to:
Bruce Landolt
General Manager
56478 Solar Drive
Bend, OR 97707
541-593-1689
Daniel Peddycord
Director of Health Dept.
2577 N.E. Courtney Dr.
Bend, OR 97701
541-322-7426
17. Attorney Fees. In the event an action, lawsuit or proceeding, including appeal therefrom, 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, unless the dispute is in regards to Paragraph 11, Hold Harmless, where the
costs of arbitration shall be paid by the non -prevailing party
18. No Waiver of Claims. The failure by either party to enforce any provision of this agreement shall
not constitute a waiver by that party of that provision or of any other provision or provisions of this
agreement.
19. Severability. If any term or provision of this Agreement or the application thereof to any person
or circumstance shall to any extent be invalid or unenforceable, the remainder of this Agreement and
the application of such term or provision to persons or circumstances other than those to which i': is
held invalid or unenforceable shall not be affected thereby, and each term or provision of this
Agreement shall be valid and enforceable to the fullest extent permitted by law.
Page 4 of 5 — INTERGOVERNMENTAL SERVICES CONTRACT - DESCHUTES/DISTRICT - VECTOR CONTROL
21. Entire Agreement. This agreement constitutes the entire agreement between the parties
concerning the subject matter of this agreement and supercedes any and all prior or
contemporaneous negotiations or agreements among the parties, if any, whether written or ore!,
concerning the subject matter of this agreement which are not fully expressed herein. This agreement
may not be modified or amended except by writing signed by all parties to this Agreement.
DATED this day of , 2008.
ATTEST:
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
DENNIS R. LUKE, Chair
TAMMY MELTON, Commissioner
MICHAEL M. DALY, Commissioner
DATED this day of L2008.
FOU IVERS VECTO CON OL DISTRICT
BY:"duce Landolt, District Manager
Page 5 of 5 - INTERGOVERNMENTAL SERVICES CONTRACT - DESCHUTES/DISTRICT - VECTOR CONTROL