HomeMy WebLinkAboutDoc 333 - IGA - Project Widlfire - RFPD2.
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 direclly to Legal Counsel, the
County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form
eleclronically to the Board Secretary.)
Please complete all seclions above the Official Review line.
Date: Department: IForestryj
Contractor/Supplier/Consultant Name: IDeschutes County Rural Fire Protectionl
IDistrict #21
Contractor Contact: [om Fa~ Contractor Phone #: 1541-322-637'n
Type of Document: Intergovermental Agreement
Goods and/or Services: This agreement revises and continues Deschutes County's
agreement with RFPD#2 for the provision of services related to coordination of Project
Wildfire.
Background & History: Beginning is 2005 Deschutes County agreed to provide
funding to RFPD#2 to provide services coordinated under Project Wildfire. These
services include coordinating and preparing Community Wildfire Protection Plans,
applying for and aSSisting with grants, providing education related to defensible space in
wildland urban interface areas, and coordinating FireFree. Project Wildfire has enjoyed
great success in educating our citizens, expanding fuels treatment on both private and
federal land and has been recognized nationally as an effective program.
Agreement Starting Date: 17/1/1~ Ending Date: 16/30/141
Annual Value or Total Payment: 1$80,00q
D Insurance Certificate Receiied (cleck box)
Insurance Expiration Date:
Check all that apply:
D RFP, Solicitation or Bid Process
D Informal quotes «$150K)
D Exempt from RFP, Solicitation or Bid Process (specify see DCC §2.37)
Funding Source: (Included in current budget? ~ Yes D No
If No, has budget amendment been submitted? DYes D No
Is this a Grant Agreement providing revenue to the County? D Yes No
Special conditions attached to this grant:
6/12/2013
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 compliance:
Name:
Phone #:
L-I _----.J
Departmental Contact and Title: Ed Keith, County Forester
Phone #: 541-322-7117
Department Director Approval: ___________
Signature Date
Distribution of Document: Ed Keith
Official Review:
County Signature Required (check one): 0 SOCC 0 Department Director (if <$25K)
rn Administrator (if >$25K but <$150K; if >$150K, SOCC Order No. )
Legal Review Dale -1'-1· {3 A&4. [/.J&;J! t
Document Number 2013-333
6112/2013
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
Deschutes County Rural Fire Protection District No.2, hereinafter referred to as
"District. "
WHEREAS, ORS 190.010 authorizes the County to enter into an Agreement with the
District for the performance of functions and activities that the County has authority to
perform; and
WHEREAS, the County has adopted Code provisions to coordinate, develop and
implement strategies to mitigate the effects of losses due to natural disasters, in particular
wildfires; and
WHEREAS, both County and District find it beneficial to enter into this agreement in
order for District to provide experienced grant writing and administrative services for
County; 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:
l. Effective Date. This Agreement is effective July 1, 2013.
2. Duration. This Agreement shall remain in force until 11 :59 p.m. on July 1, 2014
unless sooner terminated in accordance with Paragraph 6 0 f t his A g r e e men t. This
Agreement shall automatically renew for additional one-year terms, from July 1 tlnuugh June
30.
3. Services. District agrees to provide the following services:
A. Prepare grant applications for Project Wildfire projects;
B. Assist with grant writing for communities and/or neighborhoods to apply for
federal or state grants to address hazardous fuels;
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C. Serve as the common voice and Information Officer for Project Wildfire;
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D. Expand the Fire Free Education Program county-wide;
i E. Maintain a "funding options" chart for possible grant opportunities;
F. Serve as Project Leader on projects funded by grants; I G. Coordinate public education relating to wildland fire issues and ordinances;
1 I. Serve as the point of contact for neighborhoods and communities in Deschutes
County for Community Wildfire Plans and reduction and removal of hazardous fuels. 1
4. Employee status. The parties agree that the District intends to and may fulfill one or more
of the obligations under this agreement by hiring staff or by entering into a service contract with an
independent consultant. Notwithstanding any other provision in this Agreement, Such e m p loy e e
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o r consultant shall not be considered an employee or agent of County for any purpose, including
without limitation ORS 30.260 to 30.300, and County shall not be responsible for the conduct of such
employee or consultant. District shall be responsible for furnishing, upon request, a certificate
demonstrating District's having obtained any r e qui red Workers Compensation coverage or
having otherwise complied with Oregon Workers Compensation Law (ORS Chapter 656).
5. Consideration.
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J A. County's obligation for payment to District under this Agreement shall be limited to
$80,000 per annum. County shall pay District monthly for services based upon invoices
submitted to County by District based on an hourly rate not to exceed $35 per hour.
I B. County's performance of its obligations hereunder is conditioned upon District's
compliance with the provisions of ORS 279B.220, 279B.225, 279B.230, and 279B.235, which
are incorporated herein by this reference. Each party shall comply with all applicable
federal, state and local laws, including those related to discrimination in employment because 1 of race, color, ancestry, national origin, religion, sex, sexual orientation, marital status, age,
j medical condition, disability or association and all applicable laws and regulations regarding
the handling and expenditure of public funds. i,
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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 advance written notice to the other party.
I C. If District fails to provide services called for in this Agreement, County may
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terminate this Agreement upon ten (10) days' advance written notice.
D. County may also terminate this Agreement effective upon delivery of written
notice to the District, or upon such date as may be indicated by the County in such written
notice, 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 pro v ide dun d e r t his
A g r e e men t are not allowable or are no longer appropriate 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.
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.
F. Notwithstanding the foregoing, any party may institute legal action to cure, correct or
remedy any default, enforce any provision of this Agreement, or enjoin any threatened or
attempted violation of this Agreement.
7. Delegation and Reports. Except as otherwise provided in paragraph 4 of this Agreement,
District shall not delegate any of its obligations under this Agreement to any other individual or agency
without County's prior consent. District shall provide County with periodic reports at the frequency
and with the information requested 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 from other sources, then either party may terminate this agreement in accordance with Paragraph
6 . Any provisions herein which conflict with Article XI, Section 10, of the Oregon Constitution shall
be deemed inoperative to the extent of such conflict.
9. Non-Discrimination. Each party agrees that no person shall, on the grounds of race, color,
creed, national origin, sex, sexual orientation, marital status, or age, suffer discrimination in the
performance of this agreement 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.
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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 hold County harmless from and against
any and all claims, lawsuits, actions, damages, attorney fees, expert witness fees, costs, fines, penalties
losses and expenses, arising from District's breach of 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 the limits of liability under the
Oregon Tort Claims Act, ORS 30.260, et. seq .. This insurance must include contractual liability
coverage and shall name 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 at all times
this Agreement is in effect. 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 a program of self insurance pursuant to ORS 30.282.
13. Notice ofAny Threat ofLitigation. County and District shall provide each other notice of
any and all threats of litigation in connection with the activities covered by this Agreement within 72
hours of receipt of notice of such threat.
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, or is
intended to give or provide, any benefit or right, whether directly, indirectly, or otherwise, to third
persons.
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 0 r arb i t rat 0 r s e r vic e mutually agreed upon
between the parties. Unless the parties mutually agree otherwise, the arbitration shall take place in
Deschutes County. Costs of arbitration shall be shared equally. The determination of the arbitrator
shall be binding upon the parties, and judgment upon the award rendered may be entered in any
court having jurisdiction thereof. Each party shall be responsible for their own expenses and
attorney fees, unless the dispute is in regards to Paragraph 11, Hold Harmless where all 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 effective when delivered in person or two days after deposited for
delivery by registered or certified mail or by overnight courier, addressed as follows:
Ifto District, to: Tom Fay
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General Manager
1212 S.W. Simpson
Bend, OR 97702
!fto the County, to: Ed Keith
County Forester
61150 SE 27th.
Bend, OR
97702
With a copy to: Chair
Board of County Commissioners
1300 NW Wall St.
Bend, OR 97701
17. 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.
18. Severability. If any term or provision of this Agreement or the application thereof to any
person or circumstance shall to any extent be ruled 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 it 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.
19. Modification and Waiver. This Agreement may be amended only by a writing signed
by both parties. The observance of any term of this Agreement shall not be deemed to have
been waived except by a writing signed by the party to be bound by such waiver.
20. Entire Agreement. This Agreement, together with any documents referenced specifically
herein, constitutes the entire agreement between the parties concerning the subject matter of
this Agreement and supersedes any prior or contemporaneous negotiations or agreements
between the parties, whether written or oral, concerning the subject matter of this Agreement.
DATED this ___of ____________, 2013
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ALAN UNGER, Chair
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TAMMY BANEY, Vice Chair
ATTEST:
Recording Secretary ANTHONY DEBONE, Commissioner
DATED this __day of____-2, 2013.
DESCHUTES COUNTY RURAL FIRE
PROTECTION DISTRICT NO.2
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