HomeMy WebLinkAboutNew Construction - 911Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.or.g
AGENDA REOLTEST & STAFF REPORT
For Board Business Meeting of Wednesday, July 23, 2008
Please see directions for completing this document on the next page.
DATE: July 16, 2008
FROM: Susan Ross Property & Facilities 541 383 6713
TITLE OF AGENDA ITEM:
Convene as Deschutes County Board of Commissioners: Consideration of Board Signature of
Intergovernmental Agreement No. 2008-429, for New Construction, Between Deschutes County and
Deschutes County 9-1-1 County Service District.
Convene as the governing body of the 9-1-1 County Service District: Consideration of Board Signature
of Intergovernmental Agreement No. 2008-429, for New Construction, Between Deschutes County and
Deschutes County 9-1-1 County Service District.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
Deschutes County will construct new office facilities on behalf of 9-1-1 in conjunction with the Oregon
State Police (OSP) building project. It is planned that OSP will occupy the ground level, and 9-1-1 will
occupy approximately 12,000 square feet on the second level. This intergovernmental agreement
documents the understanding that County will develop this project, and 9-1-1 will fund their share of
the costs. Deschutes County will issue 20 -year full faith & credit bonds to fund construction; 9-1-1 will
be responsible only for their share of this debt and will not be charged additional lease costs for the
space.
FISCAL IMPLICATIONS:
There are not fiscal implications to Deschutes County because 9-1-1 is responsible for their portion of
debt. 9-1-1 annual debt payment is estimated to be approximately $250,00.
RECOMMENDATION & ACTION REQUESTED:
Convene as Deschutes County Board of Commissioners: Approval and signature of Intergoverr.mental
Agreement No. 2008-429.
Convene as governing body of the 9-1-1 County Service District: Approval and signature of
Intergovernmental Agreement No. 2008-420.
ATTENDANCE: Becky McDonald
DISTRIBUTION OF DOCUMENTS:
Becky McDonald, 9-1-1
Susan Ross, Property & Facilities
I
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
INTERGOVERNMENTAL AGREEMENT
CONTRACT NO. 2008-429
DESCHUTES COUNTY 911 SERVICE DISTRICT AND DESCHUTES COUNTY
FOR NEW CONSTRUCTION
THIS AGREEMENT is made and entered into by and between Deschutes County 911
Service District, Oregon, a county service district organized under ORS 451, hereinafter
referred to as "District", and Deschutes County, a political subdivision of the State of
Oregon, hereinafter referred to as "COUNTY".
RECITALS
1. WHEREAS, By the authority granted in ORS 190.110, counties may enter into
cooperative agreements with other units of local government for the performance of
work on certain types of improvement projects with the allocation of costs on terms
and conditions mutually agreeable to the contracting parties; and
2. WHEREAS, District requires new office space for its operations and desires that
County undertake the design and construction of such additional space in
accordance with District specific requirements; and
3. WHEREAS, County is willing and able to design and construct new office space on
behalf of District as part of a project to design and construct a building on behalf of
the Oregon State Police in exchange for District's agreement to pay District's share
of the cost. Now Therefore, based generally upon the foregoing recitals and the
consideration hereinafter set forth,
IT IS HEREBY AGREED as follows:
1. Project
The Project consists of the design and construction of a two-story office building
with approximately 27,100 square feet, as well as parking allocated between the
principal occupants, located on or near the Public Safety Campus in Bend. The ground
floor, consisting of approximately 15,100 square feet will be occupied by the Oregon
State Police and include a crime lab (herein collectively "OSP Premises"). The upper
floor, consisting of approximately 12,000 square fee will be occupied by District
operations (herein "District Premises"). County intends to issue (and District agrees to
support) full faith and credit obligations to fund design, construction, financing and
related costs.
Page 1 Deschutes County — 911 Service District
(IntergovAgreements/911/Deschutes County) — Document No. 2008-429
2. Duration
2.1 Effective Date. This agreement is effective upon and after execution by both
parties and expires on June 30th, 2028 unless terminated or extended in accordance
with this agreement.
2.2 The parties understand that District currently has available funding for only 5
years, based upon a recently enacted local option levy. Funding beyond such 5 -year
term may be available from several sources, including one or more local option
levies, a general obligation bond (also requiring voter approval), user fees or
otherwise. In anticipation of the expiration of then current authorized funding, District
shall attempt in good faith to obtain continued funding. Only in the event such
funding is not available will District be permitted to terminate this agreement.
2.3 District's obligation with respect to paying District's share of County's debt
obligation which will fund the Project will terminate if and when County's debt
obligation is otherwise satisfied. Satisfaction shall not include County's refinancing
of such debt obligation.
2.4. Upon satisfaction of County's debt obligation that funded the Project, the
parties agree to negotiate a lease of District Premises whereby District will be
responsible for only janitorial services, routine maintenance and furnishings.
3. DISTRICT'S OBLIGATIONS
3.1 DISTRICT will provide COUNTY with space needs, design requirements, etc.
3.2 DISTRICT will cooperate with COUNTY in preparing design and construction
contracts, including without limitation, special conditions and design details. District
will assign appropriate staff to assist County's project manager with respect to
District's design requirements.
3.3 DISTRICT will take all appropriate actions to authorize County to proceed with
design and construction of Project on behalf of District.
3.4 DISTRICT'S share of the cost of the Project shall be based upon the
percentage of the Project occupied by DISTRICT. DISTRICT'S obligation with
respect to paying DISTRICT'S share of Project cost shall be based upon COUNTY'S
cost estimate until actual costs are determined. Promptly after actual costs are
determined the parties shall reconcile and satisfy any overpayment or underpayment
of DISTRICT'S share of Project cost. Payments shall commence at such time as
COUNTY incurs debt toward funding the Project. Payments may be arranged in
monthly increments consistent with DISTRICT'S financial obligation.
4. COUNTY'S OBLIGATIONS
4.1 COUNTY shall provide staff and consultants for engineering, environmental,
construction and construction management planning for the Project, and act as
Project Manager.
Page 2 Deschutes County — 911 Service District
(IntergovAgreements/91 (/Deschutes County) — Document No. 2008-429
4.2 COUNTY shall obtain all required permits and cause the Project to be
constructed in conformance with all applicable laws and regulations.
4.3 COUNTY shall obtain necessary financing to cover costs of County
requirements.
4.4 COUNTY shall be solely responsible for the operation and control of the
Project.
4.5 Upon completion of the Project COUNTY shall provide all maintenance and
necessary repairs to Premises.
4.6 Upon completion of the Project COUNTY shall be sole owner of the Premises.
DISTRICT shall have no equitable or legal interest therein.
5. Partnership
5.1 DISTRICT is not, by virtue of this Agreement, a partner or joint venture with
COUNTY in connection with activities carried out under this Agreement, and
shall have no obligation with respect to COUNTY debts or any other liabilities
of each and every nature.
6. Non -Discrimination
6.1 Both parties agree:
6.1.1 That no person employed by the parties shall, on the grounds of race,
color, creed, national origin, sex, marital status, disability, sexual
orientation, gender identity or age, suffer discrimination in the performance
of this Agreement; and
6.1.2 To comply with the Title VI of the Civil Rights Act of 1964, with section B of
the Rehabilitation Act of 1973, and with all applicable requirements of
federal and state civil rights and rehabilitation statues, rules and
regulations; and
6.1.3 To 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.
6.1.4 To comply with all applicable local, state, and federal ordinances, statues,
laws, and regulations.
7 Each party agrees to indemnify, hold harmless, and defend the other party, its
officers, directors, commissioners, employees and agents from and against all
claims and actions, and all expenses incidental to the investigation and defense
thereof, arising out of or based upon damages or injuries to persons or property
arising out of the indemnifying party's performance of this Agreement. The tort
claim limits ORS 30.270 shall apply to this Agreement.
Page 3 Deschutes County — 911 Service District
(IntergovAgreements/911/Deschutes County) — Document No. 2008-429
8. Attorney Fees - In the event an action, lawsuit or proceeding, including appeal
there from, brought for failure to observe any of the terms of this Agreement,
each party shall be responsible for its own attorney fees, expenses, costs and
disbursements for said action, lawsuit, proceeding or appeal.
9. Assignment - This Agreement is binding on each party, its successors, assigns
and legal representatives, and may not, under any circumstance, be assigned or
transferred by either party.
10. No Waiver of Claims - The failure to enforce any provision of this Agreement
shall not constitute a waiver by either party to that or any other provision of this
Agreement.
11. Arbitration of disputes - Any claim, dispute or matter in question arising out of or
related to this Agreement shall be decided by arbitration. Prior to arbitration, the
parties shall endeavor to resolve disputes by mediation.
12. No Third Party Beneficiaries — DISTRICT and COUNTY are the only parties to
this Agreement and are the only parties entitled to enforce its terms. The parties
agree that COUNTY'S performance under this Agreement is solely for the benefit
of DISTRICT to assist and enable DISTRICT to obtain new and larger office
space. Nothing in this Agreement gives, is intended to give, or shall be
construed to give or provide any benefit or right, whether directly, indirectly or
otherwise, to third persons any greater than the rights and benefits enjoyed by
the general public unless such third persons are individually identified by name
herein and expressly described as intended beneficiaries of the terms of this
Agreement.
13. Entire Agreement - Notwithstanding and succeeding any and all prior
agreement(s) or practice(s), this Agreement constitutes the entire Agreement
between the parties, and may only be expressly modified in writing(s) signed by
both parties.
Page 4 Deschutes County — 911 Service District
(IntergovAgreements/911/Deschutes County) — Document No. 2008-429
DATED this day of , 2008
Dated this
ATTEST:
of , 2008
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
DENNIS R. LUKE, CHAIR
TAMMY (BANEY) MELTON, VICE CHAIR
Recording Secretary MICHAEL M. DALY, COMMISSIONER
Dated this of , 2008 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON ACTING
AS THE GOVERNING BODY OF THE 911
COUNTY SERVICE DISTRICT
DENNIS R. LUKE, CHAIR
TAMMY (BANEY) MELTON, VICE CHAIR
ATTEST:
Recording Secretary MICHAEL M. DALY, COMMISSIONER
Page 5 Deschutes County — 911 Service District
(IntergovAgreements/911/Deschutes County) — Document No. 2008-429