2000-842-Minutes for Meeting July 31,2000 Recorded 8/11/2000VOL: CJ2000 PAGE: 842
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
*02000-842 * Vol -Page Printed: 08/17/2000 14:15:54
DO NOT REMOVE THIS CERTIFICATE
(This certificate constitutes a part of the original instrument in accordance with
ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect
the admissibility of the original instrument into evidence in any legal proceeding.)
I hereby certify that the attached instrument was received
and duly recorded in Deschutes County records:
DATE AND TIME:
DOCUMENT TYPE:
Aug. 11, 2000; 1:28 p.m.
Regular Meeting (CJ)
NUMBER OF PAGES: 7
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
X1UN HED '1 2000
A A Board of Commissioners
1130 N.W. Harriman St., Bend, Oregon 97701-1947
(541) 386-6570 • Fax (541) 3BB-4752
www.co.deschutes.or.us
MINUTES Linda L. Swearingen
Dennis R. Luke
Tom DeWolf
DESCHUTES COUNTY BOARD. OF COMMISSIONERS'
WORK SESSION MEETING
C)
MONDAY, JULY 319 2000
1130 NW Harriman Street, Bend, Oregon
Administration Building
56
Commissioners present were Linda L. Swearingen, Dennis R. Luke and Tom
DeWolf. Also in attendance were Rick Isham, Legal Counsel; Mike Maier,
County Administrator; Tom Blust, Road Department; Dan Peddycord, Health
Department; Judy Sumners, Risk Management; and Joe Sadony, Information
Services. Also present were members of the media and approximately 10 citizens.
Chair Linda Swearingen opened the Board meeting at 10:00 a.m.
1. CITIZEN INPUT
There was none.
2. Before the Board was Consideration of an Award of a Contract for
Widening and/or Overlaying Venture Lane, Enterprise Drive and
Cottonwood Road.
Tom Blust of the Road Department indicated there were three bidders, with Hap
Taylor & Sons being the lowest bid received. He stated that there had been a
protest received after the bidding process regarding the required receipt of a sub-
contractor disclosure form.
Minutes of Board Work Session Meeting
Monday, July 31, 2000
Quality Services Performed with Pride
Page 1 of 7 Pages
He also explained that a bill meant to prohibit bid -shopping was introduced
during the last legislative session; and what has happened since then is the Road
Department usually gets both documents at the same time. He further said that as
of the effective date of January 1, 2000, no case law has been established. The
claim is that if a contractor does not comply with the reporting law, the bid is
considered non-responsive and would normally be rejected.
A general discussion occurred. Legal Counsel Rick Isham explained that this
issue is being addressed by the legislature at this time. He also said that there is
no benefit to the County, which just acts as a regulator. It is an attempt to stop
contractors from using sub -contractors that are not qualified; but that the County
does not give approval for changing sub -contractors unless it is determined that
they are not qualified. He further said that there is some question as to what
constitutes a sub -contractor; i.e. a regular material supplier - the law says it is, as
it says, "furnish labor or materials".
Isham further explained that if the County rejected all of the bids, it must be in
the public interest. If the low bidder is considered non-responsive, there could be
a claim against the County. He advised the Commissioners that as the contract
review board, they must decide this issue.
Jim Moore of Harney Rock stated that he was told a suppliers list must be
provided, and that all bids must be handled the same way.
Hap Taylor took issue with the discussion, and said he had never heard anyone
say that suppliers must be on the list. He explained that he has road oil
stockpiled. He further said that the walls being erected along the Parkway by the
State, nearly $2 million worth, has not been listed. He also said that the oil he
has in stock is for several jobs, and that he uses the same oil for each one. He
said the other bidders buy from the same supplier.
Tom Blust said that based on what the State has done, he is comfortable
accepting the low bid in this instance.
Rick Isham explained that a description of the sub -contractors should be a part of
the bid, but if the material is a generic material and is delivered to the company
and not to the job site, it isn't a sub -contractor situation. He further said that if
Harney Rock were purchasing material specific for this job, that would be a sub-
contractor situation. Since Taylor is buying for multiple jobs, he is supplying the
oil from his own stock and not specifically for this job, and this would not be a
sub -contractor situation. The overall intent of the law is not to benefit the
County, but to address the bid -shopping problem.
Minutes of Board Work Session Meeting Page 2 of 7 Pages
Monday, July 31, 2000
LUKE: I move to award the contract to Hap Taylor & Sons.
DEWOLF: Second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
3. Before the Board was Consideration of Signature of a Memorandum of
Understanding with the U.S. Public Health Prevention Service - Centers
for Disease Control and Prevention for the Placement and Assignment of a
Public Health Prevention Specialist.
Dan Peddycord of the Health Department gave an overview of the MOU,
explaining that the ' Specialist is a master level person, Rachel Wood, an OSU
graduate. He said that approximately 300 sites competed for a total of 24
Specialists, and Deschutes County was very fortunate to be selected as one of
the 24 sites. Ms. Wood has spent at least a year's training with the Centers of
Disease Control after receiving her masters degree in public health, and was
matched with Deschutes County; she starts work on September 1, and will be in
the position for two full years.
LUKE: I move approval of this Memorandum of Understanding,
subject to legal review.
SWEARINGEN: I second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
4. Before the Board was Consideration of Signature of a Contract with
InfoGroup Northwest for a Server-Based/Citrix Metaframe Project.
Joe Sadony of Information Services gave a brief overview of the Project.
DEWOLF: I move approval.
LUKE: Second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
Minutes of Board Work Session Meeting Page 3 of 7 Pages
Monday, July 31, 2000
5. Before the Board Was Consideration of Signature of an Indemnity
Agreement with The Eagles - Chuck Austin Memorial Run for a
Walk/Run Event Scheduled for September 4 (Labor Day).
DEWOLF: Move approval.
SWEARINGEN: Second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
S WEARINGEN: Chair votes aye.
6. Before the Board Was Consideration of Chair Signature of Oregon
Liquor Control License Renewal Applications for:
• Deschutes Fly & Tackle, La Pine
• Cinco de Mayo Restaurant, La Pine
• Lava Lake Lodge, Cascade Lakes Highway
• The Grill at Widgi Creek, Bend
• Crane Prairie Resort and Store
LUKE: I move approval.
DEWOLF: Second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
S WEARINGEN: Chair votes aye.
7. ADDITIONS to the Agenda:
CONVENE AS THE 1GOVERNING BODY OF THE EXTENSION/4-11
COUNTY SERVICE DISTRICT.
Before the Board Was Approval of Accounts Payable Vouchers for the
Extennsion/4-11 County Service District in the Amount of $936.67 (FY
2000-2001).
DEWOLF: I move approval, subject to review.
LUKE: Second.
Minutes of Board Work Session Meeting
Monday, July 31, 2000
Page 4 of 7 Pages
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
Before the Board Was Approval of Accounts Payable Vouchers for the
9-1-1 County Service District for in the Amount of $3,308.62 (FY 2000-
2001).
DEWOLF: I move approval, subject to review.
LUKE: Second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
RECONVENE AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
Before the Board Was Approval of Accounts Payable Vouchers in the
Amount of $8,032.37 (FY 1999-2000) and $320,243.85 (FY 2000-2001)
DEWOLF: I move approval, subject to review.
LUKE: Second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
Before the Board Was Consideration of Chair Signature of Oregon Liquor
Control License Renewal Applications for:
• Quail Run Golf Course, La Pine
• Erickson's Sentry, La Pine
• La Pine Foods, Inc.
Minutes of Board Work Session Meeting
Monday, July 31, 2000
Page 5 of 7 Pages
DEWOLF: I move approval.
LUKE: Second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
CONVENE AS THE GOVERNING BODY OF THE BLACK BUTTE
RANCH COUNTY SERVICE DISTRICT
Before the Board was Consideration of Signature of a Letter Re -appointing
Bruce Vaughn as Associate Representative of the Managing Board of the
Black Butte Ranch County Service District.
DEWOLF: I move approval.
SWEARINGEN: Second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
RECONVENE AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
Before the Board was Consideration of a Loan in the Amount of $275,000
from Deschutes County to the 4-H/Extension County Service District for
Building Construction Purposes, Subject to Terms and Conditions, to be
Repaid from 4-H/Extension Fundraising Efforts.
DEWOLF: I move approval.
LUKE: Second.
VOTE: LUKE: Aye.
DEWOLF: Yes.
SWEARINGEN: Chair votes aye.
Being no further discussion, Chair Linda Swearingen adjourned the meeting at
10:40 a.m.
Minutes of Board Work Session Meeting Page 6 of 7 Pages
Monday, July 31, 2000
Dated this 31st Day of July 2000 for the Deschutes County Board of
Commissioners. /17
Linda L. SwiRrindmf. Chair
ATTEST: D6Knis R. Luke, Commissioner
Tom DeWolf, Commission
Minutes of Board Work Session Meeting Page 7 of 7 Pages
Monday, July 31, 2000