HomeMy WebLinkAboutIGA - Redmond - Addressing SvcsDeschutes 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 10:00 AM, Monday, July 28, 2008
Please see directions for completing this document on the next page.
DATE: 7/21/08
FROM: Tom Anderson
Community Development (CDD) 385-1705
TITLE OF AGENDA ITEM:
CONSIDERATION of Approval of Document No. 2007-172, Renewal of an Intergovernmental
Agreement (IGA) between Deschutes County and the City of Redmond to allow Deschutes Count) to
continue providing services, including assigning addresses to new individual lots and reviewing ne
road names within a plat for new subdivisions within the City's urban growth boundary.
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
In October of 2004, an agreement between Deschutes County and the City of Redmond was initiated
for CDD to provide addressing services in adherence to the provisions set forth in the Redmond
Addressing Ordinance, in order to maintain continuity in the provision of services relating to issuing
addresses and new street names. This agreement renews annually.
FISCAL IMPLICATIONS:
As per the agreement, the City of Redmond will be charged $17,500 to cover CDD expenses to provide
these services.
RECOMMENDATION & ACTION REQUESTED:
Approval and signature of the IGA to continue providing addressing services to the City of Redmond.
ATTENDANCE: Kevin Harrison, Interim Planning Director
DISTRIBUTION OF DOCUMENTS:
One Original to Doreen. Call for pick up, ext 3193.
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 / %2
7/9/200:
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:
7/14/08
Contact Person:
Please complete all sections above the Official Review line.
Sandy Manns
Department:
Contractor/Supplier/Consultant Name:
Community Development (CDD)
Phone #:
City of Redmond
923-7758
Goods and/or Services: CONSIDERATION of Approval of Document No. 2007-172,
Renewal of an Intergovernmental Agreement (IGA) between Deschutes County and the
City of Redmond to allow Deschutes County to continue providing services, including
assigning addresses to new individual lots and reviewing new road names within a plat
for new subdivisions within the City's urban growth boundary.
Background & History: In October of 2004, an agreement between Deschutes
County and the City of Redmond was initiated for CDD to provide addressing services
in adherence to the provisions set forth in the Redmond Addressing Ordinance, in order
to maintain continuity in the provision of services relating to issuing addresses and new
street names. This agreement renews annually.
Agreement Starting Date:
7/1/08
Annual Value or Total Payment:
$17,500
n Insurance Certificate Received (check box)
Insurance Expiration Date: N/A1
Check all that apply:
RFP, Solicitation or Bid Process
❑ Informal quotes (<$150K) ,►°1�'�.�C�A►�il..
..................
❑ Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37)
Ending Date:
6/30/09
�►� ��' Ptite.,64'
11
Funding Source: (Included in current budget? ® Yes 1 1 No
If No, has budget amendment been submitted? 1 1 Yes I 1 No
Departmental Contact:
Title:
Director
Tom Anderson
Department Director Approval:
Phone #:
Signature
385-1705
7 -to -oS
Date
Distribution of Document: Include complete information if document is to be mailed.
Official Review:
7/9/200:
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE CITY OF REDMOND, OREGON
AND
DESCHUTES COUNTY
Agreement No. 2008-172
This Agreement is made by and between the City of Redmond, a municipal corporation of the State
of Oregon, ("CITY") and Deschutes County, ("COUNTY"), a political subdivision of the State of Oregon.
RECITALS
WHEREAS, CITY and COUNTY 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; and
WHEREAS, CITY wishes to obtain from COUNTY and COUNTY wishes to provide to CITY certain
addressing services on the terms and conditions set forth herein; and
WHEREAS, COUNTY is experienced and capable of providing addressing services; and
WHEREAS, both CITY and COUNTY find it beneficial to enter into this agreement in order for
COUNTY to provide the services to CITY of assigning addresses to new individual lots and reviewing new
road names within a plat for new subdivisions within CITY'S urban growth boundary;
NOW, THEREFORE, in consideration of the mutual promises and the terms and conditions set
forth hereafter, the parties agree as follows:
1. EFFECTIVE DATE
1.1. This Agreement is effective July 1, 2008, upon signing by both parties.
2. TERMINATION
2.1. This Agreement terminates on June 30, 2009.
2.2. This Agreement may be terminated earlier by either party upon 30 days written notice to
the other party.
2.3. Termination under this section shall not affect any obligations or liabilities accrued prior to
the effective date of termination.
3. STATEMENT OF WORK
3.1. COUNTY agrees to:
Page 1 of 6 - INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF REDMOND, OREGON AND
DESCHUTES COUNTY - Contract No. 2008-172
3.1.1. Review all preliminary subdivision and partition plats submitted to the City
Community Development Department, to ensure that all proposed road names are
acceptable and that they conform to the existing Redmond Fire Address Grid
System whenever possible.
3.1.1.1. Proposed road names will also be checked against all existing
Deschutes County road names to ensure that they are not duplicates or
similar to existing road names in Deschutes County.
3.1.1.2. All other road names on the plats will be checked to make sure that
there are no misspellings, or mislabeling of portions of existing roads,
i.e. make sure that they match exactly with the previously recorded
names from previous phases.
3.1.2. If there are problems on the preliminary plats with respect to road names, notify the
developer or surveying firms of changes that need to be made, and follow up with
them to make sure the corrections are made.
3.1.3. Draft a letter containing acceptable road names for a particular subdivision or
partition to be sent to City Community Development staff for placement in the City's
subdivision or partition project file for City staff verification of road name
assignments prior to construction plan or plat signing.
3.1.4. Work with the City of Redmond planners to make sure that all proposed roads are
identified, and named properly.
3.1.5. Work with the developers and/or surveying firms to determine alternative road
names in situations where the initial names are unacceptable. Ensure that all
proposed road names adhere to the established road naming conventions
whenever possible.
3.1.6. Establish and assign addresses to all new lots in new subdivisions. Corner lots will
be assigned when the driveway locations have been established.
3.1.7. Send notice of all new addresses and address modifications to City of Redmond
Community Development Department.
3.1.8. Respond to addressing inquiries from public.
3.1.9. Send address information to other agencies that request it.
3.1.10. Respond to questions or concerns from other individuals or businesses that may
have questions about addresses.
3.1.11. Enter all newly assigned or updated addresses into the County's database.
3.1.12. For those address changes requiring only a letter to the property owner, change
individual property addresses (house numbers only) and generate and send a letter
to the property owner.
3.1.13. Adhere to the provision set forth in the Redmond Addressing Ordinance, attached
Page 2 of 6 - INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF REDMOND, OREGON AND
DESCHUTES COUNTY - Contract No. 2008-172
hereto as Exhibit A.
3.1.14. Upon termination of this agreement, refund to City any remaining portion of funds
paid by City pursuant to Paragraph 4.1.
3.2 CITY agrees to:
3.2.1. Adhere to the provisions set forth in the Redmond Addressing Ordinance, attached
hereto as Exhibit A.
3.2.2. Pay County one-half of the flat sum pursuant to Section 4 by December 31, 2008.
3.2.3. Pay County the half of the flat sum pursuant to Section 4 by June 30, 2009.
3.2.4. CITY may pay entire amount at any time prior to December 31, 2008.
4. CONSIDERATION
4.1. City shall pay County the flat sum of $17,500 (seventeen thousand, five hundred dollars).
5. ASSIGNMENT
5.1. Neither this Agreement nor any of the rights granted by this Agreement may be assigned or
transferred by either party except by written mutual agreement between the parties.
6. BINDING EFFECT
6.1. The terms of this Agreement shall be binding upon and inure to the benefit of each of the
parties and each of their respective administrators, agents, representatives, successors
and assigns.
7. AGENCY AND PARTNERSHIP
7.1. COUNTY shall perform the services pursuant to Section 3 as an agent of City and the
services to be provided by COUNTY to CITY shall be under the direction of the Redmond
Community Development Director who shall have the right to direct the manner in which
COUNTY delivers services under this agreement.
7.2. Neither party is, by virtue of this Agreement, a partner or joint venturer with the other party
and neither party shall have any obligation with respect to the other party's debts or
liabilities of whatever kind or nature.
8. INDEMNIFICATION
8.1. CITY agrees to indemnify, save harmless and defend the County, its officers, agents,
and employees from and against all claims, suits, actions, damages, costs, losses and
expenses in any manner resulting from or arising out of any claim related to the
services performed by COUNTY under this agreement.
8.2. COUNTY agrees to indemnify, save harmless and defend the CITY, its officers, agents,
and employees from and against all claims, suits, actions, damages, costs, losses and
Page 3 of 6 - INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF REDMOND, OREGON AND
DESCHUTES COUNTY - Contract No. 2008-172
expenses in any manner resulting from or arising out of any claim related to the
services performed by COUNTY under this agreement.
9. LIMITATION
9.1. This agreement is expressly subject to the provisions and requirements of ORS 279, 279A,
279B and 279C and 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.
9.2. In the event sufficient funds are not appropriated for the payment of consideration required
to be paid under this agreement, and if City has no funds legally available for consideration
from other sources, then either party may terminate this agreement in accordance with
Section 2 of this agreement.
9.3. Any provisions herein, which would conflict with law, are deemed inoperative to that extent.
10. NON-DISCRIMINATION.
10.1. 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.
10.2. 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
11. AUTHORIZED REPRESENTATIVES
11.1. CITY's authorized representative for the purposes of this Agreement shall be the Redmond
Community Development Director or the Director's designee.
11.2. COUNTY's authorized representative for the purposes of this Agreement shall be
Deschutes County Community Development Director or the Director's designee, 117 NW
Lafayette, Bend, Oregon 97701, phone 541- 388-6558, fax 541-385-1764.
11.3. 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.
11.4. 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.
12. ACCESS TO RECORDS
12.1. CITY shall have access to such books, documents, papers and records of COUNTY as are
directly pertinent to the services performed under the terms of this Agreement for the
purpose of conducting an audit or examination or obtaining excerpts and transcripts.
Page 4 of 6 - INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF REDMOND, OREGON AND
DESCHUTES COUNTY - Contract No. 2008-172
12.2. The COUNTY shall have reciprocal access to CITY planning and building files.
13. FORCE MAJEURE
13.1. Neither party to this Agreement shall be liable to the other party for delays in performing the
services or for the direct or indirect cost resulting from such delays that may result from
strikes, riots, war, acts of governmental authorities, extraordinary weather conditions or
other natural catastrophe, or any other cause beyond the reasonable control or
contemplation of either party.
14. NO WAIVER OF CLAIMS
14.1. 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.
15. SEVERABILITY
15.1. 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.
16. HEADINGS
16.1. The headings of this Agreement are for convenience only and shall not be used to
construe or interpret any provisions of this Agreement.
17. INCORPORATION OF RECITALS
17.1. The recitals set forth above are hereby incorporated into and made a part of this
Agreement.
18. APPLICABLE LAW.
18.1. This Agreement will be governed by and interpreted in accordance with the laws of the
State of Oregon.
///
Page 5 of 6 - INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF REDMOND, OREGON AND
DESCHUTES COUNTY - Contract No. 2008-172
19. ENTIRE AGREEMENT
19.1. 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.
19.2. This Agreement may not be modified or amended except by a writing signed by both
parties.
DATED this of , 2008 BOARD OF COUNTY COMMISSIONERS
ATl`BST:
Recording Secretary
DATED THIS OF �,'2fl08 CITY OF RED i OND
DENNIS R. LUKE, CHAIR
TAMMY (BANEY) MELTON, VIC HAIR
MICHAEL M. DALY, COM SSIONER
BY:
MICHAEL PATTERSON,
CITY MANAGER
APPROVED AS TO FORM:
STEVE BRYANT, CITY ATTORNEY
AN UNGER, MAYOR
Page 6 of 6 - INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF REDMOND, OREGON ANC
DESCHUTES COUNTY - Contract No. 2008-172