HomeMy WebLinkAboutCDD Bldg Svcs IGA - La PineDeschutes 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 April 1, 2013
Please see directions for completing this document on the next page.
DATE: March 26,2013.
FROM: Kathleen Stockton CDD 317-3193
TITLE OF AGENDA ITEM:
Consideration of Board's Approval and Authorization of County Administrator Signature of Document
No. 2013-001, an Intergovernmental Agreement between the City of La Pine and Deschutes County.
PUBLIC HEARING ON THIS DATE? NO.
BACKGROUND AND POLICY IMPLICATIONS:
Since the City'S incorporation in 2006, the City and the County have had in place an IGA for Planning
and Building permitting services. Document 2013-001 rescinds and replaces IGA 2009-044 that will
add Geographic Information System (GIS) services along with Planning and Building permitting
services to the County's Agreement with the City.
FISCAL IMPLICATIONS:
The estimated revenue generated to the Community Development Department through this Agreement
period is $25,000 annually.
RECOMMENDATION & ACTION REQUESTED:
Request approval of the Board of Commissioners of Document No. 2013-001, authorizing Interim
County Administrator to sign Document No. 2013-001.
ATTENDANCE: Nick Lelack, Interim Community Development Director.
DISTRIBUTION OF DOCUMENTS:
Two original contracts should be returned to Kathleen Stockton, CDD, 317-3193.
..
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.)
Please complete all sections above the Official Review line.
Date: 13/18/131 Department: ICDDI
Contractor/Supplier/Consultant Name: ICity of La Pin~
Contractor Contact: ISteven Hassonl Contractor Phone #: 1541-536 j
114321
Type of Document: Document No. 2013-001 Intergovernmental Agreement (City of
La Pine).
Goods and/or Services: Document No. 2013-00" rescinds and replaces IGA 2009
044 which will provide Planning Permitting, Building Permitting and Geographic
Information System (GIS) services to the City of La Pine.
Background & History: Since the City's incorporation in 2006, the City and the
County have had in place an IGA for Planning and Building permitting services. This
IGA adds GIS services to the Agreement.
Agreement Starting Date: IUpon signature.1 Ending Date: §.utomatig
Irenewal.l
Annual Value or Total Payment: Based u on number of land use a lications
rocessed. GIS services on as needed basis . $J..5j 06 d '-{r to Vu.-,..~. ~
CYhu. ctf.1 rMr)1 aDO',? to~.f CtIlA (QjLl1t:-'i ,51 Y\O lOf\~
~ro v~ J, \ r"\") pi ~ h fl i {\ 1 e.r v LU..-S o Insurance Certificate Receiied (CieCk box)
Insurance Expiration Date:
tv/8
Check all that apply: o RFP, Solicitation or Bid Process o Informal quotes «$150K)
r2J Exempt from RFP, Solicitation or Bid Process (specify -see DCC §2.37)
I
Funding Source: (Included in current budget? r2J Yes 0 No
If No, has budget amendment been submitted? DYes 0 No
Is this a Grant Agreement providing revenue to the County? D Yes ~ No
3118/2013
----------------------
•
Special conditions attached to this grant:
Deadlines for reporting to the grantor:
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: DYes D No
Contact information for the person responsible for grant compl iance : Name:
Phone #:
Departmental Contact and Title: Nick Lelack Phone #: x1708
Department Director Approval: :AJilw~e~
V Signature I Dlte
Distribution of Document: Who gets the original document and/or copies after it has
been signed? Include complete information if the document is to be mailed .
Official Review:
County Signature Required (check one): D BOCC D Department Director (if <$25K)
~rator (if >$25K but <$150K; if >$1 OK, BOCC Order No. ___ ___
Legal Review Date ;h~3
Document Number
3/ 18/20 J 3
}(VIEWED
LEGAL COUNSEL
For Recording Purposes Only
INTERGOVERNMENTAL AGREEMENT BETWEEN
THE CITY OF LA PINE, OREGON and DESCHUTES COUNTY
Document No. 2013-001
This Agreement, Intergovernmental Agreement No. 2013-00' ("Agreement") is entered into by and
between Deschutes County ("COUNTY"), a political subdivision of the State of Oregon, and the
City of La Pine ("CITY"), a municipal corporation of the State of Oregon.
RECITALS
ORS 190.003 to 190.030 allows units of local government to enter into agreement for
performance of any or all functions and activities which such units have authority to perform .
On June 29, 2009 , COUNTY and CITY entered into Agreement No .2009-044 by which
COUNTY agreed to provide CITY land use planning staff services ; and
COUNTY and CITY desire to enter into a new agreement for expanded services to include
geographic information systems (GIS) services .
COUNTY and CITY desire to rescind Agreement No . 2009-044.
The COUNTY and CITY's performance hereunder is conditioned upon the others
compliance with provisions of ORS 2798 .220, 2798.225, 2798.230, and 2798.235 , which are
hereby incorporated by reference.
CITY and the COUNTY desire to provide excellent public service to their citizens and
accomplish this goal in the most effective and efficient manner.
NOW, THEREFORE, it is agreed by the parties as follows :
1. INCORPORATION OF RECITALS
1.1. The Recitals contained herein are true and accurate and incorporated herein.
1.2. Agreement No. 2009-044 is hereby rescinded.
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City of La Pine &lDe5chutes County
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2. EFFECTIVE DATEIDURATION
2.1 This Agreement is effective on the date on which each party has signed this
Agreement.
2.2 This Agreement will automatically renew for subsequent one-year periods unless
terminated by one or both of the parties as provided in Section 3.
3. TERMINATION
3.1 This Agreement may be terminated by either party upon 30-days written notice to
the other party.
3.2 CITY or COUNTY may terminate this contract upon not less than sixty (60) calendar
days written notice if either party breaches any of the terms herein or in the event of
any of the following:
3.2.1 Insolvency of CITY or COUNTY;
3.2.2 Voluntary or involuntary petition in bankruptcy by or against CITY or
COUNTY;
3.2.3 Appointment of a receiver or trustee for CITY or COUNTY;
3.2.4 Assignment for benefit of creditors of CITY or COUNTY; or
3.2.5 Any violation of the terms of this Agreement.
3.3 Sections 4, 8 and 9 of this Agreement will terminate 30 days after the CITY gives
written notice to COUNTY that it intends to take over processing of land use
applications.
3.4 Termination under this section will not affect any obligations or liabilities accrued
prior to the effective date of termination.
4. PLANNING PERMITTING SERVICES
4.1 CITY hereby agrees to retain COUNTY for, and COUNTY hereby agrees to provide,
the following land use planning services:
4.1.1 Receive all applications and applicable fees in COUNTY's offices in the City
of Bend;
4.1.2 Process land use applications pursuant to the Deschutes County Code
applicable to CITY except that CITY Council shall act in any role where DCC
Title 22 provides that the Board of County Commissioners is given approval
or review authority and subject to the requirements of ORS 227.178.
4.1.3 Create and maintain all land use applications files until transferred to CITY;
4.1.4 Upon appeal to CITY Council of any application, provide CITY Manager a
copy of entire application file;
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City of La Pine & Deschutes County
4.1.5 Provide CITY a monthly report of all land use applications that include copies
of all applications received and information about where to find all application
materials on the COUNTY website; and
4.1.6 COUNTY will provide written comments for any land use compatibility
statements.
5. BUILDING PERMITTING SERVICES
5.1 COUNTY will retain responsibility for building permit and inspection services, as
prescribed in the Oregon Revised Statues (ORS Chapter 495) and related Oregon
Administrative Rules, until such time City elects to initiate the process to assume
this responsibility.
5.2 CITY will provide a minimum thirty (30) days notice of intent to initiate the process to
assume these responsibilities.
5.3 COUNTY will notify the CITY of all building permit applications and activities in the
CITY on a monthly basis.
5.4 For all building permit applications for property within CITY limits, COUNTY will
verify compliance with the land use regulations in effect at the time of the building
permit application.
5.5 Upon implementation of CITY land use regulations, CITY and COUNTY will amend
this agreement in writing to include the agreed upon process and procedures to
ensure land use compatibility for building permits.
6. GEOGRAPHIC INFORMATION SYSTEM (GIS) SERVICES
6.1 Upon receipt from CITY of property-specific GIS data for CITY comprehensive plan
and zoning designations, COUNTY will incorporate into the COUNTY GIS system all
CITY comprehensive plan and zoning designations for all properties in CITY limits.
6.2. If CITY cannot provide COUNTY with property-specific GIS data, then COUNTY will
create property-specific data for CITY comprehensive plan and zoning designations
for property within CITY limits
6.3. In addition to the service provided in Section 6.1, COUNTY will provide GIS
technical support, including mapping and analysis to the CITY at the request of
CITY.
7. METHOD OF COMPENSATION
7.1 GIS Services
7.1.1 CITY will pay COUNTY $2,250 for the services provided pursuant to
Sections 6.1 and 6.2.
7.1.2 CITY will pay COUNTY at the rate of $65 per hour for the services provided
pursuant to Section 6.3.
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City of La Pine &Deschutes County
7.1.3. If CITY requests copies of COUNTY GIS maps of properties within CITY
limits, COUNTY will charge CITY an additional materials fee for printing of
the following size of GIS maps:
18" x 24" $22.00 each
24" x 36" $25.00 each
36" x 48" $35.00 each
7.2 Planning Services
7.2.1 For planning services provided by COUNTY to CITY, COUNTY shall retain
all fees paid in accordance with applicable CITY fee schedule and received
by COUNTY for such services from applicants.
7.2.2 For COUNTY staff or hearings officers for hearings held within CITY limits,
CITY will reimburse COUNTY for mileage expenses in accordance with the
United States Government Services Administration mileage reimbursement
rates in effect at the time of travel.
7.3. CITY will pay COUNTY within thirty (30) days of receipt of COUNTY invoice.
8. APPEALS
8.1 If a COUNTY Hearings Officer's or COUNTY staff decision rendered pursuant to this
Agreement is appealed to CITY Council, CITY will be responsible for all planning
and legal services required by CITY for deciding whether or not to hear the appeal
and for any hearing on the appeal.
. 8.2 COUNTY will timely provide CITY the original record of any land use proceeding
appealed to CITY Council.
8.3 If CITY requests COUNTY Planning staff assistance in the hearing on an appeal of
a COUNTY Hearings Officer's or COUNTY staff decision, including but not limited
to, a Staff Report and appearance before CITY Council, CITY will reimburse
COUNTY the Fully Loaded Rate for each hour of preparation for and participation in
the hearing, including transportation to and from CITY.
8.4 "Fully Loaded Rate" for purposes of this Section 8 means the hourly wage plus the
hourly value of all benefits paid by the COUNTY to participating COUNTY staff.
8.5 CITY is wholly responsible for any proceeding at the Land Use Board of Appeals or
in any court action involving a Staff or Hearings Officer decision rendered pursuant
to this Agreement or involving a CITY Council decision. '
9. TIME EXTENSIONS FOR LAND USE PERMITS
9.1 CITY will be responsible for processing time extensions for land use permits.
9.2 COUNTY agrees to direct applicants to file application extension requests with CITY
for review and processing and to assist CITY with the extension application review
process upon request of CITY.
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9.3 CITY will provide COUNTY a copy of any decision regarding a time extension for a
land use approval.
10. ATTORNEY FEES
10.1 In the event an action, lawsuit or proceeding, including appeal there from, is brought
for failure to fulfill or comply with any of the terms of this agreement, each party will
be responsible for their own attorney fees, expenses, costs and disbursements for
said action, lawsuit, proceeding or appeal.
11. AMENDMENT
11.1 This Agreement may be amended within its current term or any successive term by
the joint agreement of the parties.
11.2 To be effective, all amendments will be in writing and signed by authorized
representatives of each party.
12. HOLD HARMLESS
12.1 Subject to the limitations of liability for pubic bodies set forth in the Oregon Tort
Claims Act, ORS 30.260 to 30.300, CITY will hold harmless and indemnify
COUNTY, its officers, employees and agents against any and all claims, damages,
losses and expenses (including all attorney(s) fees and costs}, arising out of, or
resulting from COUNTY's performance of this agreement when the loss or claim is
attributable to the acts or omissions of CITY.
12.2 Subject to Article XI, Section 10, of the Oregon Constitution and the limitations of
liability for public bodies set forth in the Oregon Tort Claims Act, ORS 30.260 to
30.300, COUNTY will hold harmless and indemnify CITY, its officers, employees,
and agents against all claims, damages, losses and expenses (including all
attorney(s) fees and costs}, arising out of, or resulting from COUNTY's performance
of this Agreement when the loss or claim is attributable to the acts or omissions of
COUNTY.
13. BINDING EFFECT
13.1. The terms of this Agreement will be binding upon and inure to the benefit of each of
the parties and each of their respective administrators, agents, representatives,
successors and assigns.
14. SEVERABILITY
14.1. COUNTY and CITY agree that if any term or provision of this agreement is declared
by a court of competent jurisdiction to be illegal or in conflict with any law, the
validity of the remaining terms and provisions will not be affected, and the rights and
obligations of the parties will be construed and enforced as if the agreement did not
contain the particular term or provision held to be invalid.
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City of La Pine & Deschutes County
15. ENTIRE AGREEMENT
15.1. 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.
15.2. This Agreement may not be modified or amended except by a writing signed by both
parties.
Dated this ___ of _____" 2013 DESCHUTES COUNTY
TOM ANDERSON,
INTERIM COUNTY ADMINISTRATOR
Dated this ISIi of mftcCh
ATTEST:
~tYu' '101~
LORI MARTIN, CITYIfECORDER
I
I
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