2002-1357-Minutes for Meeting November 25,2002 Recorded 12/5/2002DESCHUTES COUNTY OFFICIRL RECORDSMRRY SUE r
COMMISSIONERS- JOURNALUNTY CLERK �J 2002.1357
IIIIIIII12/05/2002 04:33:41 PM
0013374
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I1111111111111
2002
DESCHUTES COUNTY CLERK
CERTIFICATE PAGE
This page must be included
if document is re-recorded.
Do Not remove from original document.
Deschutes County Board of Commissioners
1130 NW Harriman St., Bend, OR 97701-1947
(541) 388-6570 - Fax (541) 388-4752 - www.deschutes.org
MINUTES OF MEETING
DESCHUTES COUNTY BOARD OF COMMISSIONERS
MONDAY, NOVEMBER 25, 2002
Commissioners' Hearing Room - Administration Building
1130 NW Harriman St., Bend
Present were Commissioners Tom De Wolf, Dennis R. Luke and Michael M. Daly;
also present were Mike Maier, County Administrator; Anna Johnson and Susan
Ross, Commissioners' Office; and Christy Morgan, Paul Blikstad, Catherine
Morrow, Damian Syrnyk, Kevin Harrison and George Read, Community .
Developmeni. Others present were Tom Blust, Wanda Callahan, Dennis Morris;
Gary Judd and others from the Road Department; Judy Sumners, Risk.:,
Management; media representative Barney Lerten of bend. com; and seven other..
citizens.
Chair Tom De Wolf opened the meeting at 10: 00 a. m.
1. Before the Board was Citizen Input.
Chair DeWolf advised the audience that at the Association of Oregon Counties'
conference this month, the AOC Association of Engineers and Surveyors
named Tom Blust the Engineer of the Year.
At this time, Mr. Blust was given a plaque signifying this award and applauded
by the audience.
Xo other citizen input was offered.
Minutes of Board of Commissioners' Work Session Monday, November 25, 2002
Page 1 of 17 Pages
2. Before the Board was Public Hearing (continued from Wednesday,
P►ovember 13) and Consideration of the First Reading of Ordinance No.
2002-126 and Ordinance No. 2002-127, regarding Amendments to the
Comprehensive Plan Policies and Zoning Regulations regarding Rural
Industrial Zones.
Christy Morgan explained that this is the final task under periodic review. She
grave an overview of the reasons for the Ordinances. These changes basically
clean up the language in this part of the Code.
Chair De Wolf opened the public hearing at this time.
Being no testimony offered, he then closed the public hearing. The first reading
c f the Ordinances is scheduled for Wednesday, November 27.
3. Before the Board was a Discussion of a Public Hearing (scheduled for
Wednesday. November 27), and Consideration of Adoption of Ordinance
No. 2002-038, Text Amendments to the. Building Setback and Lot Coverage
t�aluirements in the La Pine Residential District. ,
Kevin Harrison explained that the public hearing is scheduled for Wednesday to
review this amendment, which would bring basic development standards in the
La Pine residential district in line with standard urban requirements. This has to
do with lot coverage and setbacks. It has been reviewed by Planning, and
includes the recommendations of the Planning Commission.
This item will be addressed at the Wednesday, November 27 Board meeting.
4. Before the Board was a Discussion and Consideration of Signature for
Continuation of Contract with Elliott Morrison, M.D., for Psychiatric
Services.
Greg Canfield gave an overview of the contract, which is a continuation of
services from previous years. There is a small increase in the cost, and small
increase in the grant funds; both have been budgeted. There is an "escape
clause" if State funding levels change.
This item was placed on the Consent Agenda for Wednesday, November 27.
Minutes of Board of Commissioners' Work Session Monday, November 25, 2002
Page 2 of 17 Pages
5. Before the Board was a Discussion and Consideration of Signature for
Continuation of Contract with Marc Williams, M.D., for Psychiatric
Services.
This item was placed on the Consent Agenda for Wednesday, November 27.
6. Before the Board was a Discussion and Consideration of the Adoption of
Ely -laws for the Newly Formed Public Health Community Advisory Board
- Adopted in Honor of Stan Owen.
Dan Peddycord said that a draft of this document was previously before the
Board. The Advisory Board was reviewed and approved this document after a
f -.w small changes, and Legal Counsel has also approved it.
This item was placed on the Consent Agenda for Wednesday, November 27.
7. ` Feefoie the Board, was 'a Dascussio n 'i�nd' Con -sideration of Signatu.re;of,a
Letter Approving the A ipolntme-g ofDr. Janes C. Ritzenthaler; MD, to,
the Deschutes County Public Health Community Advisory Board.
Dan Peddycord said Dr. Ritzenthaler is the Director of the Medical Clinic, and
the appointment is for a three-year term.
This item was placed on the Consent Agenda for Wednesday, November 27.
8. Before the Board was a Discussion and Consideration of Approval of
Oregon Health Division Grant Revision #5 for FY 2002-2003.
Dan Peddycord explained that this provides $3,488 in supplemental grant funds,
to cover increased cost of higher -cost contraceptives. Most of this program is
f -.derally funded.
This item was placed on the Consent Agenda for Wednesday, November 27.
Minutes of Board of Commissioners' Work Session Monday, November 25, 2002
Page 3 of 17 Pages
9. Before the Board was a Discussion and Consideration of Approval of
Updated Space Use Agreement with the Deschutes Children's Foundation
at the La Pine Community Campus.
Dan Peddycord said that the Deschutes Children's Foundation would do some
remodeling of the current facility at no cost to the County, as the current
location is preferable to them, rather than the proposed new location for County
services.
This item was placed on the Consent Agenda for Wednesday, November 27.
10. Before the Board was a Discussion and Consideration of Approval of
Whether to Hear Appeal A-02-13 (Applicant: Aceti), an Appeal of a
Hearings Officer's Decision Denying a Request to Modify a Conditional
Use Permit (Order 2002-146).
Damian Syrnyk gave an overview of this appeal of the Hearings Officer's
decision on file number MC 02-12, modifying a 1997 commercial activity
application.
SYRNYK:
The Hearings Officer held two public hearings on this matter, one in August
2.002 and again in September 2002. The applicant had continued a continuance.
As part of my initial staff report to the Hearings Officer, I identified several
deficiencies that needed to be addressed prior to an approval. Between the
August and September hearings he had supplemented his application, and the
record closed on or around September 24. I don't think he has retained an
attorney; he is representing himself on this matter. The Hearings Officer issued
her decision, and Mr. Aceti filed a timely appeal.
DEWOLF:
I wasn't clear on item #3 of your memo to us, where it says the applicant has not
indicated that this request for de novo was necessitated by his failure to present
evidence that was available at the time of the previous review. Is that, in fact,
fhe case?
Minutes of Board of Commissioners' Work Session Monday, November 25, 2002
Page 4 of 17 Pages
S,YRNYK:
That is the case. The appellant has alleged eleven errors with the Hearings
Officer's decision. These are errors he believes involved in some cases the
Ilearings Officer misinterpreting information that is in the record or is
testimony. But when I read the appeal, it did not indicate to me that he had
neglected to provide something to the Hearings Officer then that he would like
to present to the Board now for its consideration.
DEWOLF:
The other one, on the next page, he has not cited any sections of the County
zoning ordinance that we should consider through this appeal.
SYRNYK:
That's correct.
DEWOLF:
Then what are we doing?
LUKE:
He has a right to make an appeal.
DEWOLF:
He has the right to make an appeal. What I am looking for is some justification
to hear this thing. If in fact he had every opportunity to bring up the specific
positions during the regular hearings with the Hearings Officer, and then in this
appeal he's not citing anything in the zoning ordinance, I don't understand
where the justification is to hear this.
LUKE:
After I read through this, and read the Hearings Officer's remarks, it seems to
nae that the application was not complete, and that the Hearings Officer actually
spelled out for him what he needs to do on another application to get it
approved. I mean, she was very specific.
DEWOLF:
Or to have a possibility of getting it approved.
Minutes of Board of Commissioners' Work Session Monday, November 25, 2002
Page 5 of 17 Pages
Igo] .4a
I. was filled out well. For an incomplete application, that isn't something that
comes to the Board. That's something that you need to go back with and do
your homework, and get it done the correct way.
S-YRNYK:
That's correct. In clarification, we received a complete application from Mr.
Aceti. It just didn't meet all the criteria. I believe what Hearings Officer Green
did is outline where she identified gaps in the record, and why she couldn't
make a determination as to whether he had met all of the criteria because of the
lack of detail in the proposal.
Staff s recommendation, instead of having the Board hear this on appeal, is that
a better way to go in order for the applicant to get to where he wants to be and
accomplish what he wants to accomplish, is to go back and better develop his
proposal, and then submit a new application for a conditional use permit and
site plan review.
LUKE:
I haven't seen one quite so complete by a Hearings Officer where it spells out
everything. I think she did a great job.
DEWOLF:
And it may be because he doesn't have an attorney that they took that extra
distance. I mean, what's being proposed here is such a departure from what our
normal allowances are in the EFU zone that, it could open a can of worms for
everyone who lives in the EFU zone. Unless I'm missing something, this is huge.
SYRNYK:
There are several aspects of his approval that the Hearings Officer found were
consistent with farm use of property; for example, raising pumpkins and
nursery stock. The element of the proposal that she couldn't define adequately
for her purposes in making this determination as to whether it met all the
criteria was these promotional events, such as Christmas tree sales and the
pumpkin patch. I also believe that if you read her decision there's a way to get
there from here that she's made out.
LUKE:
I've lived in that area for a long time, and it's tough to raise pumpkins.
Minutes of Board of Commissioners' Work Session Monday, November 25, 2002
Page 6 of 17 Pages
DEWOLF:
The question I have is if he was actually raising pumpkins out there.
LUKE:
That's the whole point. You have to raise them. You can't sell things you can't
raise on your own property.
DEWOLF:
That's what he's saying here; that's one of the errors.
LUKE:
(To Laurie Craghead.) Laurie, is it necessary if one of us has had contact with
the applicant to put that on the record now, or only we decide to hear it.
LAURIE CRAGHEAD:
It wouldn't hurt to put it on the record now.
DALY:
He is indicating that Mr. Aceti came in to my office a few days or a week or so
ago, And he briefly discussed this issue with me. I was listening and about the
time he indicated he was going to appeal the decision, is when I said, wait a
minute, I shouldn't be talking with you if you are going to do that. So that's
where it ended. But he basically was going over what I've read here in these
documents; there's nothing new.
DEWOLF:
I think I have an indication of where things are going here. But, if we were to
decide not to hear this, I know he is going to call. What are we allowed or not
allowed to do in these circumstances?
CRAGHEAD:
If you deny hearing the appeal, your part in this is over with. So if you discuss
it then, it wouldn't be ex parte contact.
DEWOLF:
Even knowing that it may be coming back?
Minutes of Board of Commissioners' Work Session Monday, November 25, 2002
Page 7 of 17 Pages
CRAGHEAD:
If it's a different application. At the time the other application comes in, it
doesn't hurt to put it on the public record, just to say that you had conversations
on the previous applications but it is not biasing your opinion. You still have
the ability to make a decision on any new one.
S,YRNYK:
I've prepared two orders; one that will accept the appeal if the Board decides to
hear it, and another that says the Board declines review. Which ever would be
mailed to the applicant and the other parties, and the applicant can appeal the to
the Land Use Board of Appeals if he so chose, or could look at filing a new
application.
LUKE:
According to the Hearings Officer, you received several comments that aren't
included in here. Was there any significance in the letters you sent out and the
response you got back?
SYRNYK:
Are you referring to the public agency comments?
LUKE:
Yes.
S,YRNYK:
I don't think I received anything from COI (Central Oregon Irrigation District).
I believe the more significant comments were from the Oregon Department of
Transportation. If I could summarize, they were concerned about the potential
increase in traffic and its effect on the intersection.
I believe the applicant did supply a traffic study in September, but it shows his
proposed increase of 95 trips per day wouldn't affect the intersection. One of
the issues the Hearings Officer did raise in her decision was whether this was
the final number, or was it based on the number of customers per day if the
business was expanded. Regardless of whether the Board hears the appeal, if
there is another application ODOT would still be notified to see if they have
any comments.
Minutes of Board of Commissioners' Work Session Monday, November 25, 2002
Page 8 of 17 Pages
DEWOLF:
We're doing this Wednesday because we noticed it for Wednesday?
S,YRNYK:
It was my anticipation that the Board would do it at its regular meeting. You
could take action now if you are ready.
DEWOLF:
I am assuming that Mr. Aceti is planning to be here.
DALY:
I think he should be given some consideration.
DEWOLF:
I mean, it will take ten seconds. Or, two hours.
LUKE:
I don't believe this is something that we should be hearing. I think the
Hearings Officer did an excellent job of spelling out for him exactly what he
needs to do to get a lot -- but maybe not all -- of what he wants to do accepted.
And most of what happened to this thing is the application was not complete.
And I think the Hearings Officer did a very good job of laying out what
should be done.
DEWOLF:
I agree with that. Why don't you just prepare the one order denying the hearing,
and we'll take care of that on Wednesday.
DALY:
What happens if we deny it? Does he have an opportunity to come back and do
it all right?
SYRNYK:
Yes.
DALY:
Sounds like he'll need a lawyer, and that's unfortunate.
Minutes of Board of Commissioners' Work Session Monday, November 25, 2002
Page 9 of 17 Pages
S YRNYK:
Once the Board has decided on whether to hear the appeal and decides not to,
he can come back next week with a new application. He's not under any time
obligation to file a new application.
DEWOLF:
Or he can appeal to LUBA.
DALY:
If he comes in with a new application, does it have to go before a Hearings
Officer again? With a new fee and everything?
SYRNYK:
Most likely.
CRAGHEAD:
But the new fee is likely to be cheaper than going to LUBA. It depends on
whether he decides to hire an attorney. If he hires an attorney to deal with
LUBA, he's looking at probably about $5,000.
DALY:
There are a couple of things in the Hearings Officer's decision that I don't agree
with, but I guess we aren't going to hear it anyway.
LUKE:
Why not put them on the record?
DALY:
Well, there was one decision she made regarding the property was supposedly -
- I can't remember how it went now. But he had a soils expert go out and
check an area in the north part of the property who deemed the property was not
really suitable for irrigation or raising of crops. The Hearings Officer basically
disregarded that testimony, and found that it was okay to raise crops on.
You also have to consider the overall thing is that was a viable farm before we
decided to build a road through the middle of it. That kind of changes the
concept of that small piece that we're talking about here. Is it a viable farm now
that you can't put a whole wheel line on it to irrigate it?
Minutes of Board of Commissioners' Work Session Monday, November 25, 2002
Page 10 of 17 Pages
There are other circumstances you have to look at. Is it a farm, or isn't it? That
was one issue that I picked up on in the Hearings Officer's decision. I didn't
agree with her reasons in this regard. I think she should have considered the
testimony of the soils expert who actually went out there and did an analysis.
That was one of the points she brought up. The rest of them I'm not sure about.
DEWOLF:
Why don't we put this on Wednesday's agenda? I agree with Mike, though; if
Tony shows up Wednesday, it would be nice to do it while he's here.
DALY:
And give him some consideration and explain to him why we're doing what
we're doing.
This item was placed on the agenda for Wednesday, November 27.
11. Before the Board was a Discussion and Consideration of Signature for
Acceptance of Road Dedication Adjacent to "B" Avenue in Terrebonn.e.
Paul Blikstad explained that surveyor Randy Povey says this citizen wants to
dedicate the property because that's where the road actually is. It has already
been surveyed. (Mr. Blikstad then referred to an oversized map at this time.)
Commissioner Luke asked that the Road Department draft a document
indicating this acceptance is agreeable to them.
This item was placed on the agenda for Wednesday, November 27.
12. Before the Board was a Discussion and Consideration of Signature of
Letters Reappointing Shirlee Evans, Ed Moore and Beth -Ann Wesley to
P1ew Three-year Terms on the Deschutes County Bicycle and Pedestrian
Advisory Committee.
This item was placed on the Consent Agenda for Wednesday, November 27.
Minutes of Board of Commissioners' Work Session Monday, November 25, 2002
Page 11 of 17 Pages
13. Before the Board was a Discussion and Consideration of Signature of a
Resolution Transferring Appropriations within Various Funds of the 2002-
2003 Deschutes County Budget and Directing Entries.
This item was placed on the Consent Agenda for Wednesday, November 27.
14. Before the Board was a Discussion and Consideration of Signature of La
Pine Trucker's Light Parade to be Held on December 7, 2002.
This item was placed on the Consent Agenda for Wednesday, November 27.
15. Before the Board was a Discussion and Consideration of Signature of
Order 2002-145 Rescinding Board of County Commissioners' Approval of
Ordinance 2000-037 Which Implemented 2000 Ballot Measure 7.
Laurie Craghead explained that this rescinds the Board's decision of December
65 2001, approving the Ordinance. It was'never signed, as Measure 7 was found
unconstitutional right after the Board's decision.
LUKE: Move approval of Order No. 2002-145.
DALY: Second.
`TOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
16. Before the Board was a Discussion and Consideration of Approval of
Cancellation of January 29, 2003 Public Hearing on Ordinance 2002-012
Implementing 2000 Ballot Measure 7.
Chair DeWolf asked if a notice needs to be sent out. Ms. Craghead replied that
this is a legislative matter, and no action is being taken. It should be noted on
t:he January 29, 2003 agenda as being cancelled.
LUKE: Move approval of this cancellation.
DALY: Second.
Minutes of Board of Commissioners' Work Session Monday, November 25, 2002
Page 12 of 17 Pages
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
17. Before the Board was a Discussion and Consideration of Approval of Offer
to Purchase Midstate Electric Cooperative Property in La Pine.
Susan Ross said there has been an appraisal of this property for $1.79 million;
the appraisal is about a year old. (She provided a document detailing the
facility rental proposal, which is attached as Exhibit A.) The County and
Midstate Electric Cooperative split the cost of the appraisal. An environmental
assessment was done a few years ago, and nothing was found at that time.
However, a firm will be hired to check over the findings once again.
She said that Midstate personnel would be vacating the property gradually.
They are also awaiting federal approval to relocate the microwave tower.
LUKE: Move that Mike Maier and Rick Isham be authorized to sign the offer
once it has been reviewed by Legal Counsel.
DALY: Second.
MOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
18. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the 9-1-1 County Service District.
This item was placed on the agenda for Wednesday, November 27.
Minutes of Board of Commissioners' Work Session Monday, November 25, 2002
Page 13 of 17 Pages
CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11
COUNTY SERVICE DISTRICT
19. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the Extension/4-11 County Service District.
This item was placed on the agenda for Wednesday, November 27.
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
20. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for Deschutes County.
This item was placed on the agenda for Wednesday, November 27.
21. Before the Board was Consideration of Additions to the Agenda.•,
A. Before the Board was a Discussion and Consideration of Approval of.
Improvement Agreements for Utilities, Golf Course Completion and
Overnight Lodging, Eating and Meeting Facilities for Pronghorn
Resort, as Required by the Destination Resort Ordinance (continued
from November 13 & November 18).
Rick Isham explained that the improvement agreement is essentially
complete, with perhaps a few small changes. The Liberty Mutual Bond
form has been changed with their permission. They have not yet signed off
on the changes, and there may be a few more small adjustments.
The Hap Taylor Company portion of the project has confirmed the
estimates, including prorated items and utilities. This has been discussed
with Nancy Craven, attorney for the Resort, and they intend to use the same
form with the contractor handling the construction of the hotel and other
tourist accommodations.
Minutes of Board of Commissioners' Work Session Monday, November 25, 2002
Page 14 of 17 Pages
Commissioner Luke asked where the attached exhibits are. Mr. Isham
explained that most are done. The surety bond is still in process. The
CC&R's (covenants, conditions and restrictions) were submitted with the
initial application for the final master plan, and have been revised and
resubmitted to the Planning Department.
Laurie Craghead explained that Paul Blikstad has reviewed the CC&R's, and
she will review them today.
Rick Isham said the list of improvements and cost estimates have been
reviewed and approved. The subdivision approval is done. The site plan for
the two golf courses has been reviewed and approved. He stated that
bonding is only needed for things in conjunction with the subdivision, but
may be required in a later subdivision.
The improvements under Hap Taylor for streets and utilities are for one
year; the hotel and site plan for two years; this could be extended. If it goes
beyond two years, the development would have to apply for an extension,
and security could be reevaluated at that time.
Exhibit B, the Nicklaus golf course contract with Hap Taylor, has been
concluded. The date is being amended. Exhibit E will also be redated. The
surety bonds, Exhibit F and G, have proposed language changes. This is
core to the improvement agreement understanding. Exhibit H has to do with
the old road. Exhibit I deals with the relocation of the road, which has
already been before the Board.
Exhibit J is the final master plan, which guides all improvements. Exhibit K
is the signatory from High Desert, which transfer permits that were issued to
High Desert Development Properties to High Desert Development
Company. In essence, the documents are substantially completed.
Commissioner DeWolf asked what the next step is, and whether all of the
documents can be ready by 10:00 a.m. on Wednesday. A discussion then
took place regarding the process to obtain signatures. Everyone who needs
to sign documents will be at the Wednesday, November 27 meeting.
Commissioners DeWolf and Michael Daly said that they are okay with the
documents being reviewed by Legal.
This item was placed on the agenda for Wednesday, November 27.
Minutes of Board of Commissioners' Work Session Monday, November 25, 2002
Page 15 of 17 Pages
B. Before the Board was a Discussion of an Appointment to LPSCC.
This item was placed on the agenda for Wednesday, November 27.
C. Before the Board was a Discussion of Senate Bill 360, regarding
Wildland Fires.
Chair DeWolf explained that a County classification committee is needed.
Three people need to be appointed, with the names forward by December
13. Commissioner Luke said George Read is working on implementing this
program, and will bring back three names to the Board.
D. Before the Board was a Discussion of Project Contracts and Payments.
Mike Maier said that contracts with Bill Smith were signed last Friday. His
son now has his contractor's license. County Legal Counsel wrote these
contracts. Invoices for William Smith Properties now need to be paid.
The Board indicated that these invoices could be paid once the Board has
copies of the contracts.
E. Before the Board was a Discussion and Consideration of Approval of
Ordinance No. 2002-037, regarding a Technical Amendment to the Code.
Christy Morgan said that Ordinance No. 2002-037 adds a technical
amendment to existing text, and renumbers items. It simply clarifies what
section is referenced. This typographical error is holding up access to the
on-line Code.
LUKE: Move first and second readings by title only, declaring an
emergency.
DALY: Second.
VOTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
At this time, Chair De Wolf conducted the First and Second Readings of the
Ordinance.
Minutes of Board of Commissioners' Work Session Monday, November 25, 2002
Page 16 of 17 Pages
LUKE: Move approval of Ordinance No. 2002-037, declaring an emergency.
DALY: Second.
`COTE: LUKE: Yes.
DALY: Yes.
DEWOLF: Chair votes yes.
Being no further items brought before the Board, the meeting was adjourned at
11:30 a.m.
DATED this 25th Day of November 2002 for the Deschutes County
Board of Commissioners.
Tom DeWolf-Chair
ATTEST:
Recording Secretary
is R. Luke, Commissioner
� ��, 4 �', � �-. z �Wl
i ael M. Daly, t&m ' sioner
Attachments
Exhibit A: Midstate Electric Cooperative Facility Rental Proposal
Exhibit B: Copy of Document No. 2002-263, Intergovernmental Agreement between
Deschutes County and the State of Oregon Department of Human Services for
Developmental Disability Quality Assurance Services
Exhibit C: Copy of Document No. 2002-175, Cooperative Improvement Agreement OR
27, Relocation Feasibility Analysis, between Deschutes County, Crook County,
the City of Prineville, the City of Bend, and the State of Oregon
Minutes of Board of Commissioners' Work Session Monday, November 25, 2002
Page 17 of 17 Pages
Midstate Electric Cooperative, Inc.
Facility Rental Proposal
Main Office Building
Operations Office
Garage/Warehouse
Mechanic/Maintenance Shop Bldg
Truck Storage Shed
Total Monthly Rent
Annualized
Capitalization Rate on $1.79 million
Projected County Debt Service
MIDSTATE PURCHASE OFFER
sq. ft. $/ sq.ft
$ 6,140
7442
$0.8250
$ 856
1756
$0.4875
$ 2,820
9399
$0.3000
$ 3,740
8310
$0.4501
$ 260
3456
$0.0752
$ 13,816
$165,792
9.26%
$125,300
$1,790,000 cash offer at time of closing
(appraisal conducted by Dana Bratton in November 2001)
Closing to occur by March 1, 2003.
Offer contingent on bond closing and on environmental inspection
Midstate responsible for any environmental issues that arise as result of inspection.
County will pay -for the inspection.
County will lease back to Midstate for maximum period of 24 months.
Lease -back calculations are above.
Portions of lease will be reduced as subject buildings are vacated.
Midstate has indefinite use and access of current microwave tower on site.
They are working to receive all approvals to relocate tower.
L't
1 -�
STT
itegon Department of Human Services
Administrative Services
J&m A. Kitzhaber, M.D., Governor Contracts and Procurement Unit
500 Summer Street NE, E03
Salem, OR 97301-1080
(503) 945-5818
Agreement #103450 Purchasing Fax (503) 373-7365
Contracts Fax (503) 373-7889
TTY (503) 945-5928
STATE OF OREGON)(PHS
DEPARTMENT OF HUMAN SERVICES
. INTERGOVERNMENTAL AGREEMENT FOR
DEVELOPMENTAL DISABILITY QUALITY ASSURANCE SERVICES
In compliance with the Americans with Disabilities Act, this document is available
in alternate formats such as Braille, large print, audio tape, oral presentation, and
electronic format. To request an alternate format call the State of Oregon,
DEPARTMENT of Human Services, Contracts and Procurement Unit at (503)
945-5818 or TTY (503) 945-5928.
This .Agreement for Developmental Disability Quality Assurance Services (this
"Agrelement") is between the State of Oregon acting by and through its
DEPARTMENT of Human Services, hereinafter referred to as DEPARTMENT, and
DESCHUTES COUNTY
A POLITICAL SUBDIVISION OF THE STATE OF OREGON
2577 NE COURTNEY DRIVE
BEND, OR 97701
hereinafter referred to as COUNTY.
WHEREAS DEPARTMENT has undertaken, pursuant to requirements for Federal
Funds received by DEPARTMENT under Title XIX of the Social Security Act, to
develop and implement improved policies and procedures to monitor and ensure the
quality of DEPARTMENT -funded community-based services for individuals in the
State of Oregon with developmental disabilities;
`Assisting People to Become Independent, Healthy and Safe"
An Equal Opportunity Employer DHS 2999(OSM)'N�C'%s
DEPARTMENT of Human Services (DHS) . Agreement #103450
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WHEREAS COUNTY, in conformity with the rules of DEPARTMENT, has
established and proposes, during the term of this Agreement, to participate in the
development and implementation of improved policies and procedures to monitor
and ensure the quality of DEPARTMENT -funded community-based services
operating within COUNTY's boundaries, or a "Geographic Service Area" as defined
in Exhibit A, in accordance with the policies, procedures and administrative rules of
DEPARTMENT; and
WHEREAS DEPARTMENT is willing, upon the terms and conditions of this
Agreement, to contract with COUNTY for assistance in the development and
implementation of improved policies and procedures to monitor and ensure the
quality of DEPARTMENT -funded community-based services operating within
COU114TY's boundaries or a "Geographic Service Area" as defined in Exhibit A;
NOW, THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the
parties hereto agree as follows:
1. Effective Date and Duration
This Agreement shall become effective onJuly 1; 2002 (the "Effective Date").
Unless terminated or extended, this Agreement shall expire when
DEPARTMENT accepts COUNTY's completed performance or on June 30,
2003, whichever date occurs first.
2. Statement of Work and Agreement Documents
COUNTY shall perform the specific work or services that are set forth in the
statement of work (the "Work" or "Services"), which is attached hereto as
Exhibit A and incorporated herein by this reference. Capitalized terms used in
this Agreement shall have that meaning given to them within the context of
this Agreement. COUNTY shall perform the Work in accordance with the
terms and conditions of this Agreement including the terms and conditions set
forth in the following exhibits, each of which is incorporated by this reference
into this Agreement:
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Exhibit A: Part I - Statement of Work
Part II - Consideration and Payment
Part III - Quality Assurance Services (DD 147)
DD Special Projects (DD 5 7)
Exhibit B: Certification Statement for Independent Contractor
Exhibit C: Start -Up Funds
Exhibit D: Required Subcontractor Contract Provisions
In the event of a conflict between two or more parts of this Agreement, the
parts of this Agreement shall have the following precedence in the order listed:
(1) (highest precedence) the terms and conditions of this Agreement (other
than Exhibits A, B, C, ander); (2) the Statement of Work, Exhibit A, Part I;
(3) Consideration and Payment, Exhibit A, Part II; (4) the individual Parts III
of Exhibit A; (5) Exhibit C, Start Up Awards; and (6) (lowest precedence)
Exhibits B and D. In the event of a conflict or inconsistency between the
provisions of two different parts of this Agreement, the provisions in the part
with higher precedence shall control. Except when this Agreement expressly
requires a service or a portion thereof to be delivered by COUNTY, and
subject to additional limits on subcontracting as set forth elsewhere in this
Agreement, COUNTY may subcontract or authorize third parties to provide
t:he Services. Each such subcontractor or third party shall be referred to herein
generally as a "subcontractor" or "Provider." COUNTY may permit a -
Provider to subcontract with another person or entity for the delivery of a
Service and such subcontractors shall also be considered Providers for
purposes of this Agreement. COUNTY shall not permit any person or entity
to be a Provider unless the person or entity holds all licenses, certificates,
authorizations and other approvals required by applicable law or
administrative rule to deliver the Service.
3. Consideration
a. DEPARTMENT shall pay COUNTY only as set forth in this Agreement,
including as specified in Exhibit A and Exhibit C, for accomplishing the
Work required by this Agreement. Payment for all Work performed under
this Agreement shall be subject to the provisions of ORS 293.462 and shall
not exceed the total maximum sum as set forth on Exhibit A, which
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includes all allowable expenses and any travel and other expense
reimbursement when this Agreement calls for reimbursement of such
expenses.
1). COUNTY shall not expend and shall prohibit all Providers from
expending on the delivery of Services any funds paid to COUNTY under
this Agreement in excess of the amount reasonable and necessary to
provide quality delivery of those Services.
c. All funds paid to COUNTY under this Agreement are subject to recovery
as set forth in Exhibit A.
4. Independent Contractor; Responsibility for Taxes and Withholding
21. COUNTY shall perform all required Work as an independent contractor.
Although the DEPARTMENT reserves the right to (1) determine (and
modify) the delivery schedule for the Work to be performed and (2)
evaluate the quality of the completed performance, DEPARTMENT cannot
and will not control the means or manner of COUNTY's performance.
COUNTY is responsible for determining the appropriate means and
manner of performing the Work.
b. If COUNTY is currently performing work for the State of Oregon or the
federal government, COUNTY by signature to this Agreement declares and
certifies that COUNTY's Work to be performed under this Agreement
creates no potential or actual conflict of interest as defined by ORS 244 and
no rules or regulations of COUNTY's employing agency (state or federal)
would prohibit COUNTY's Work under this Agreement. COUNTY is not
an "officer", "employee", or "agent" of the DEPARTMENT, as those terms
are used in ORS 30.265.
c. COUNTY shall be responsible for all federal or state taxes applicable to
compensation or payments paid to COUNTY under this Agreement, and,
unless COUNTY is subject to backup withholding, DEPARTMENT will
not withhold from such compensation or payments any amount(s) to cover
COUNTY's federal or state tax obligations. COUNTY is not eligible for
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any Social Security, unemployment insurance or workers compensation
benefits from compensation or payments paid to COUNTY under this
Agreement, except as a self-employed individual.
d. COUNTY represents and warrants to DEPARTMENT that the
Certification Statement For Independent Contractor in the form attached
hereto as Exhibit B, if applicable, is true and accurate as of the Effective
Date, and COUNTY will notify DEPARTMENT in writing if any data or
certifications change during the term of this Agreement such that the
attached Exhibit B, if applicable, is no longer true and accurate.
5. Subcontracts and Assignment; Successors in Interest
a. COUNTY shall not assign or transfer any of its interest in this Agreement
without the prior written consent of DEPARTMENT.
1i. The provisions of this Agreement shall be binding upon and shall inure to
the benefit of the parties hereto, and their respective successors and
permitted assigns, if any.
c. COUNTY may enter into subcontracts it deems necessary to complete he
Work without the express permission of the DEPARTMENT, subject to the
following requirements:
(i) COUNTY shall include in any subcontracts under this Agreement a
requirement that the subcontractor be bound by Sections 5, 9, 11, and
13 as if the subcontractor were the COUNTY.
(ii) COUNTY shall enter into a written contract with each subcontractor.
Such written contract shall:
(a) Specify the authorities and responsibilities of COUNTY and
subcontractor; and
(b) Contain each of the provisions set forthin Exhibit D, which is
attached hereto and incorporated herein by this reference.
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(iii) COUNTY agrees to furnish a copy of the subcontract to
DEPARTMENT upon request. The subcontract must be executed
before the subcontractor begins providing Services unless otherwise
specified in Exhibit A, Part I.
(iv) COUNTY shall monitor Services provided by subcontractors to ensure
that all Services conform to the performance requirements specified in
this Agreement and in the contract between COUNTY and
subcontractor. COUNTY shall notify DEPARTMENT when it
discovers any subcontractor is in breach of its obligations related to this
Agreement. COUNTY shall take all allowable management and legal
actions to remedy such breach. In the event of a major deficiency in a
subcontractor's performance of Services, nothing in this Agreement
shall limit or qualify any right or authority DEPARTMENT has under
state or federal law to take action directly against the subcontractor.
d. COUNTY'S decision to subcontract any portbn of the Work under this
Agreement pursuant to Section 5.c shall not relieve COUNTY of any of its
duties or obligations under this Agreement.
6. No Third Party Beneficiaries
DEPARTMENT and COUNTY are the only parties to this Agreement and are
the only parties entitled to enforce its terms. 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 unless such third
persons are individually identified by name herein and expressly described as
intended beneficiaries of the terms of this Agreement.
7. Funds Available and Authorized; Payments
COUNTY shall not be compensated for Work performed under this Agreement
by -any other agency or department of the State of Oregon. DEPARTMENT
currently has sufficient funds available and authorized for expenditure to
finance the costs of this Agreement within the DEPARTMENT's biennial
appropriation or limitation. COUNTY understands and agrees that
DEPARTMENT's payment under this Agreement is contingent on
DEPARTMENT receiving from the Oregon Legislative Assembly
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appropriations, limitations, or other expenditure authority sufficient to allow
DEPARTMENT, in the exercise of its reasonable administrative discretion, to
continue to make payments under this Agreement.
8. Representations and Warranties
a. COUNTY represents and warrants to DEPARTMENT that (1) COUNTY
has the power and authority to enter into and perform this Agreement, (2)
the making and performance by COUNTY of this Agreement (i) have
been duly authorized by all necessary action of COUNTY and (ii) do not
and will not violate any provision of any applicable law, rule, regulation,
or order of any court, regulatory commission, board, or other
administrative agency or any provision of the COUNTY's charter or other
organizational document and (iii) do not and will not result in the breach
of, or constitute a default or require any consent under any other
agreement or instrument to which the COUNTY is a party or by which the
COUNTY or any of its properties may be bound or affected. The
COUNTY has full power, authority and legal right to make this
Agreement and to incur and perform its obligations hereunder, subject to
funds being appropriated therefore if COUNTY is a political subdivision
of the State of Oregon, (3) this Agreement has been duly executed and
delivered by the COUNTY and constitutes a legal, valid and binding
obligation of COUNTY, enforceable in accordance with its terms subject
to the laws of bankruptcy, insolvency, or other similar laws affecting the
enforcement of creditors' rights generally, and (4) COUNTY shall, at all
times during the term of this Agreement, be qualified, professionally
competent and duly licensed to perform the Work.
b. Warranties Cumulative. The warranties set forth in this section are in
addition to, and not in lieu of, any other warranties provided elsewhere in
this Agreement.
9. :License to Information and Reports
COUNTY hereby grants DEPARTMENT, except where expressly prohibited
'by law, the right to reproduce, display, create derivative works of, use, and
disclose for DEPARTMENT's purposes all or any part of any information,
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reports or other writings furnished to DEPARTMENT by COUNTY, whether
or not COUNTY is required by this Agreement to furnish such information,
reports or writings.
10. Termination
a.Parties' Right to Terminate. This Agreement may be terminated at any
time by mutual written consent of the parties.
1). Parties' Right to Terminate for Convenience Either party may, at its
sole discretion, terminate this Agreement, in whole or in part, upon 30 days
written notice to the other party.
c;. DEPARTMENT's Right to Terminate for Cause DEPARTMENT may
terminate this Agreement, in whole or in part, immediately upon written
notice to COUNTY, or at such later date as DEPARTMENT may establish
in such notice, upon the occurrence of any of the following events:
(i) DEPARTMENT fails to receive funding, or appropriations, limitations
or other expenditure authority at levels sufficient to pay for the Work;
(ii) Federal or State laws, regulations or guidelines are modified or _._
interpreted in such a way that either the Work under this Agreement is
prohibited or DEPARTMENT is prohibited from paying for such
Work from the planned funding source;
(iii) COUNTY no longer holds all licenses and certificates that are required
to perform the Work;
(iv) COUNTY commits any material breach or default of any covenant,
warranty, obligation or agreement under this Agreement, and such
breach, default or failure is not cured within 10 business days after
delivery of DEPARTMENT's written notice, or such longer period of
cure as DEPARTMENT may specify in such notice;
(v) COUNTY fails to commence the Work on the date(s) specified herein,
fails to continue the Work under this Agreement for the period
specified herein, or so fails to pursue the Work as to endanger
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COUNTY's performance under this Agreement in accordance with its
terms; or
(vi) DEPARTMENT has evidence that COUNTY, its subcontractors, or
Providers have endangered or are endangering the health and safety of
individuals to whom COUNTY, subcontractor, or Providers provide
Services under this Agreement.
d. Remedies
(i) In the event of termination pursuant to Sections 10(a), 10(b), 10(c)(i),
or 10(c)(ii), all rights and obligations of the COUNTY and
DEPARTMENT under this Agreement shall cease except those rights
and obligations that expressly survive termination of this Agreement,
and COUNTY's sole remedy shall be payment for Work completed
before the date of termination as determined in accordance with the
applicable payment methodology set forth in Exhibit A.
DEPARTMENT shall have no further obligation to pay any money
under this Agreement. If previous amounts paid to COUNTY exceed
the amount due to COUNTY under this section, COUNTY shall pay
any excess to DEPARTMENT upon demand.
(ii) In the event of termination pursuant to Sections I0(c)(iii), 10(c)(iv),
10(c)(v), or 10(c)(vi), all rights and obligations of the COUNTY and
DEPARTMENT under this Agreement shall cease except those rights
and obligations that expressly survive termination of this Agreement,
and DEPARTMENT shall have any remedy available to it in law or
equity. If it is determined for any reason that COUNTY was not in
default under Sections 10(c)(iii), 10(c)(iv), 10(c)(v) or 10(c)(vi), the
rights and obligations of the parties shall be the same as if this
Agreement was terminated pursuant to Section 10(b).
f. COUNTY's Tender Upon Termination. Upon receiving a notice of
termination of this Agreement, COUNTY shall, unless DEPARTMENT
expressly directs otherwise in such notice of termination, immediately
cease all activities under this Agreement, except that COUNTY shall work
with DEPARTMENT, as requested by DEPARTMENT, to implement and
plan an orderly transition of Services required under this Agreement to
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another entity designated by DEPARTMENT. Upon termination of this
Agreement, COUNTY shall deliver to DEPARTMENT all records,
documents, information, works -in -progress and other property reasonably
requested by the DEPARTMENT that are related or required to effect an
orderly transition of Services to another entity designated by
DEPARTMENT. Upon DEPARTMENT's request, COUNTY shall
surrender to anyone DEPARTMENT designates, all records, documents,
research or objects or other tangible things needed to assist in such
transition.
11. Records Maintenance; Access
In addition to and without limiting any obligations set forth elsewhere in this
.Agreement to maintain and retain records and make them available to the
:DEPARTMENT for inspection, COUNTY shall maintain all fiscal records
gelating to this Agreement in accordance with generally accepted accounting
;principles. In addition, COUNTY shall maintain any other records pertinent to
this Agreement in such a manner as to clearly document COUNTY's
performance. COUNTY acknowledges and agrees that DEPARTMENT, the
Oregon Secretary of State's Office, the Federal Government, and their duly
authorized representatives shall have access to such fiscal records and all other
books, documents, papers,_plans, and writings of the COUNTY that are
pertinent to this Agreement for the purpose of performing examinations and
audits, and making excerpts and transcripts.
COUNTY shall retain and keep accessible all such fiscal records, books,
documents, papers, plans, and writings for a minimum of three (3) years, or
such longer period as may be required by applicable law or specified elsewhere
:in this Agreement, following final payment and termination of this Agreement,
or until the conclusion of any audit, controversy or litigation arising out of or
related to this Agreement, whichever date is later. COUNTY shall retain
records of individuals it provides Services to under this Agreement for seven (7)
years. COUNTY shall retain all records in accordance with OAR 166-005-
0000 through 166-040-1050.
COUNTY shall cause all subcontractors to maintain their records as set forth
above, and make them available as set forth above.
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12. Recycling
.As required by ORS 279.555, in the performance of this Agreement, COUNTY
shall use, to the maximum extent economically feasible, recycled products.
13. :Foreign Contractor
If COUNTY is not domiciled in or registered to do business in the State of
�Dregon, COUNTY shall promptly provide to the Oregon DEPARTMENT of
Revenue and the Secretary of State Corporation Division all information
:required by those agencies relative to this Agreement. COUNTY shall
demonstrate its legal capacity to perform the Work under this Agreement in the
State of Oregon prior to entering into this Agreement.
14. Force Majeure
Neither DEPARTMENT nor COUNTY shall be held responsible for delay or
default caused by fire, riot, acts of God, or war where such cause was beyond
the reasonable control of DEPARTMENT or COUNTY, respectively.
COUNTY shall, however, make all reasonable efforts to remove or eliminate
such a cause of delay or default and shall, upon the cessation of the cause,
diligently pursue performance of its obligations under this Agreement.
15. Survival
All rights and -obligations shall cease upon termination or expiration of this
.Agreement, except for the rights and obligations set forth in: (a) Section 1,
Effective Date and Duration; (b) Sections 8, 9, 10, 11, 15 and 21; (c) Exhibit A,
Part 1I, CONSIDERATION AND PAYMENT, Section C; and (d) Exhibit C
Start -Up Funds, Section 4, Dedicated Use Requirement. Expiration shall not
extinguish or prejudice DEPARTMENT's right to enforce this Agreement with
respect to any breach of a COUNTY's warranty or any default or defect in
COUNTY's performance that has not been cured.
16. Time is of the Essence
COUNTY agrees that time is of the essence under this Agreement.
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17. 'Written Notice
:Except as otherwise expressly provided in this Agreement, any communications
between the parties hereto or notices to be given hereunder shall be given in
,writing by personal delivery, facsimile, or mailing the same, postage prepaid, to
COUNTY or DEPARTMENT at the address or number set forth below, or to
such other addresses or numbers as either party may hereafter indicate pursuant
to this section. Any communication or notice so addressed and mailed shall be
deemed to be given five (5) days after mailing. Any communication or notice
delivered by facsimile shall be deemed to be given when receipt of the
transmission is generated by the transmitting machine. To be effective against
DEPARTMENT, such facsimile transmission must be confirmed by telephone
notice to DEPARTMENT's representative. Any communication or notice by
personal delivery shall be deemed to be given when actually delivered.
All notices regarding this Agreement and other documents to be sent to the
parties hereunder shall be sent to the parties at the following addresses, and a
copy sent to DEPARTMENT's representative as listed in Exhibit A, Part II,
Section G of this Agreement.
DEPARTMENT: Contracts Coordinator
Department of Human Services
Contracts and Procurement Unit
500 Summer Street, 4th Floor, E03
Salem, OR 97301-1080
Facsimile Number: 503-373-7365
COUNTY: Gary Smith, Director
Deschutes County Mental Health Services
2577 NE Courtney Drive
Bend, OR 97701
Telephone Number. 541-322-7500
Facsimile Number. 541-322-7565
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18. Severability
The parties 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 shall not be affected, and the
rights and obligations of the parties shall be construed and enforced as if this
Agreement did not contain the particular term or provision held to be invalid.
19. Counterparts
This Agreement may be executed in several counterparts, all of which when
taken together shall constitute one agreement binding on all parties,
notwithstanding that all parties are not signatories to the same counterpart.
Each copy of this Agreement so executed shall constitute an original.
v
20. ]Disclosure of Federal Tax !I0 Number
COUNTY must provide COUNTY's federal tax ID number to DEPARTMENT.
This number is required pursuant to ORS 305.385, OAR 125-020-0410(3) and
OAR 150-305.100. Federal Tax ID numbers provided pursuant to this authority
`vill be used for the administration of state, federal and local tax laws.
21. 43yoverning Law; Venue; Consent to Jurisdiction
'Chis Agreement shall be governed by and construed in accordance with the
laws of the State of Oregon without regard to principles of conflicts of law.
Any claim, action, suit or proceeding (collectively, "Claim") between
DEPARTMENT (and/or any other agency or department of the State of
Oregon) and COUNTY that arises from or relates to this Agreement shall be
brought and conducted solely and exclusively within the Circuit Court of
Marion County for the State of Oregon; provided, however, if the Claim must
be brought in a federal forum, then it shall be brought and conducted solely and
exclusively within the United States District Court for the District of Oregon.
In no event shall this section be construed as a waiver by the State of Oregon
of any form of defense or immunity, whether it is sovereign immunity,
governmental immunity, immunity based on the Eleventh Amendment to the
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Constitution of the United States or otherwise, from any Claim or from the
jurisdiction of any court. COUNTY, BY THE EXECUTION OF THIS
CONTRACT, HEREBY CONSENTS TO THE IN PERSONAM
JURISDICTION OF SAID COURTS.
22. Amendment
The terms of this Agreement may not be waived, altered, modified,
supplemented or amended, in any manner whatsoever, except by written
agreement signed by the parties and approved as required by applicable law.
This Agreement will not be amended after the expiration date. The parties may
agree o extend the duration of this Agreement by written agreement signed by
1:he parties and approved as required by applicable law.
23. Confidentiality of Client Information
COUNTY shall keep records of individuals with developmental disabilities who
receive Services related to this Agreement confidential in accordance with ORS
179.495 through 179.507, 45 CFR 205.50 and 42 CFR Part 2, and all other
applicable State, and Federal laws, rules, and regulations, including the Oregon
]?ublic Records Law, ORS 192.410 through 192.505.
24. Compliance with Applicable Law
a. COUNTY shall comply with all federal, state and local laws, rules,
regulations, executive orders and ordinances applicable to the Work under
this Agreement at the time such Work is performed, including, without
limitation, the provisions of ORS 279.312, 279.314, 279.316, 279.320 and
279.555, which are incorporated by reference herein. No federal funds
maybe used to provide Services in violation of 42 USC 14402. For the
purposes of this Agreement, all references to federal and state laws are
references to federal and state laws as they may be amended from time to
time.
1). Without limiting the generality of the foregoing, COUNTY expressly
agrees to comply with, and cause all subcontractors to comply with: (a)
Title VI of the Civil Rights Act of 1964 (codified at 42 USC 2000d et seq.);
(b) Section V of the Rehabilitation Act of 1973 (codified at 29 USC 794) as
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implemented by 45 CFR Section 84.4; (c) the Americans with Disabilities
Act of 1990; and ORS 659.425; (d) all regulations and administrative rules
established pursuant to the foregoing laws; and (e) all other applicable
requirements of federal and state civil rights and rehabilitation statutes,
rules and regulations.
��. COUNTY shall comply, and cause all subcontractors to comply, with all
mandatory standards and policies that relate to resource conservation and
recovery pursuant to the Resource Conservation and Recovery Act
(codified at 42 USC 6901 et. Seq.). Section 6002 of that act (codified at 42
USC 6962) requires that preference be given in procurement programs to
the purchase of specific products containing recycled materials identified in
guidelines developed by the Environmental Protection Agency. Current
guidelines are contained in 40 CFR Parts 247-253.
d. COUNTY shall comply and cause all subcontractors to comply with
Executive Order 11246 entitled Equal Employment Opportunity as
amended by Executive Order 11375 and 12086 and as supplemented in
DEPARTMENT of Labor Regulation 41 CFR part 60.
f;. If the sum payable under this Agreement exceeds or may exceed $100,000,
COUNTY shall provide the DEPARTMENT a written assurance that
COUNTY will comply and cause all subcontractors to comply with all
applicable standards, orders, or requirements issued under the Clean Air
Act (42 USC 7401 et.seq.), the Federal Water Pollution Control Act, as
amended (33 USC 1251 et.seq.), Executive Order, 11738 and
Environmental Protection Agency regulations set forth in 40 CFR Part 15.
COUNTY further agrees to promptly report all violations of this section to
DEPARTMENT, and to the federal DEPARTMENT of Health and Human
Services.
f. COUNTY shall comply with federal rules and statutes pertaining to the
Substance Abuse, Prevention and Treatment (SAPT) and Social Services
(formerly Title XX) Block Grant(s), including the Public Health Services
Act, 42 USC 300x et. Seq.; 42 USC 290dd et. Seq. 42 USC 1397 et. seq., if
applicable.
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g. COUNTY shall comply, and shall cause all subcontractors to comply, with
the applicable audit requirements and responsibilities of Office of
Management and Budget (OMB) Circular A-133, "Audits of Institutions of
Higher Education and Other Non -Profit Institutions"; and with the
Comptroller General of the United States' Government Auditing Standards.
h. COUNTY shall comply, and cause all subcontractors to comply, with the
Pro -Children Act of 1995 (codified at 20 USC section 6081 et. seq.), which
requires that smoking not be permitted in any portion of any indoor facility
owned or leased or contracted for by an entity and used routinely or
regularly for the provision of health, day care, early childhood development
services, education or library services to children under the age of 18, if the
services are funded by federal programs either directly or through State or
Local governments, by federal grant, contract, loan, or loan guarantee. The
law also applies to children's services that are provided in indoor facilities
that are constructed, operated, or maintained with such federal funds. The
law does not apply to children's services provided in private residences;
portions of facilities used for inpatient drug or alcohol treatment; service
providers whose sole source of applicable federal funds is Medicare or
Medicaid; or facilities where WIC coupons are redeemed. Failure to
comply with the provisions of the law may result in the imposition of a
civil monetary penalty of up to $1,000 for each violation and/or the
imposition of an administrative compliance order on the responsible entity.
COUNTY shall comply with all applicable federal and state laws and
regulations pertaining to the provision of Medicaid Services under the
Medicaid Act, Title XIX, 42 USC Section 1396 et seq., including without
limitation:
(i) Keeping such records as are necessary to fully disclose the extent of
the Services provided to individuals receiving Medicaid assistance
and furnishing such information to any state or federal agency
responsible for administering the Medicaid program regarding any
payments claimed by such person or institution for providing
Medicaid Services as the state or federal agency may from time to
time request. 42 USC Section 1396a(a)(27); 42 CFR 431.107(b)(1)
& (2).
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(ii) Complying with all disclosure requirements of 42 CFR 1002.3(a) and
42 CFR 455 Subpart (B).
(iii) Maintaining written notices and procedures respecting advance
directives in compliance with 42 USC Section 1396(a)(57) and (w),
42 CFR 431.107(b)(4), and 42 CFR 489 subpart I.
(iv) Certifying when submitting any claim for the provision of Medicaid
Services that the information submitted is true, accurate and
complete. COUNTY shall acknowledge COUNTY's understanding
that payment of the claim will be from federal and state funds and
that any falsification or concealment of a material fact may be
prosecuted under federal and state laws.
j . By signature of this Agreement, the undersigned certifies, to the best of his
or her knowledge and belief, that:
(i) No federally appropriated funds have been paid or will be paid, by or
on behalf of COUNTY, to any person for influencing or attempting to
influence an officer or employee of any agency, a member of
Congress, an officer or employee of Congress, or an employee of a
member of Congress in connection with the awarding of any federal
contract, the making of any federal grant, the making of any federal
loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any
federal contract, grant, loan, or cooperative agreement.
(ii) If any funds other than federally appropriated funds have been paid or
will be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a member of Congress, an officer
or employee of Congress, or an employee of a member of Congress in
connection with this federal contract, grant, loan, or cooperative
agreement, COUNTY agrees to complete and submit Standard Form -
LLL "Disclosure Form to Report Lobbying," in accordance with its
instructions.
(iii) COUNTY shall require that the language of this certification be
included in the award documents for all subawards at all tiers
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(including subcontracts, subgrants, and contracts under grants, loans,
and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance
was placed when this transaction was made or entered into. Submission of
this certification is a prerequisite for making or entering into this
transaction imposed by section 1352,.title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each such failure.
25. Merger Waiver
This Agreement and attached exhibits constitute the entire agreement between
the parties on the subject matter hereof. There are no understandings,
agreements, or representations, oral or written, not specified herein regarding
this Agreement. No waiver, consent, modification or change of terms of this
Agreement shall bind either party unless in writing and signed by both parties
and all necessary State approvals have been obtained. Such waiver, consent,
modification or change, if made, shall be effective only in the specific instance
and for the specific purpose given. The failure of DEPARTMENT to enforce
any provision of this Agreement shall not constitute a waiver by _
DEPARTMENT of that or any other provision.
26. Limitation of Liabilities
EXCEPT FOR DAMAGES SUFFERED BY DEPARTMENT OR THE
STATE OF OREGON AS A RESULT OF COUNTY'S, COUNTY'S
SUBCONTRACTOR'S, OR A PROVIDER'S FAILURE TO COMPLY
WITH FEDERAL LAW (INCLUDING, BUT NOT LIMITED TO,
MONETARY PENALTIES ASSESSED AGAINST THE DEPARTMENT
OR THE STATE OF OREGON BY THE FEDERAL GOVERNMENT OR
ALN AGENCY THEREOF), NEITHER PARTY SHALL BE LIABLE FOR
ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL
DAMAGES UNDER THIS CONTRACT. NEITHER PARTY SHALL BE
LIABLE FOR ANY DAMAGES OF ANY SORT ARISING SOLELY FROM
THE TERMINATION OF THIS CONTRACT OR ANY PART HEREOF IN
ACCORDANCE WITH ITS TERMS
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COUNTY, BY EXECUTION OF THIS CONTRACT, HEREBY
ACKNOWLEDGES THAT COUNTY HAS READ THIS CONTRACT,
UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND
CONDITIONS.
Contractor Data and Certification; Signatures
Name (exactly as filed with the IRS): Deschutes County
Addr"SS: 1130 NW Harriman St.
- Bend, OR 97701-1947
Telephone: 541 388 6570 Facsimile: 541 388 4752
Citizenship, if applicable: Non-resident alien [ ] Yes [ ] No
Business Designation (check one):
ENCorporationMporation (completion of Exhibit B not required for Corporations) U N CA OProfessional Corporation [ ] Limited Liability Partnership [ ] Sole ProprieZ_.
torship
[ ] Limited Liability Company [ ] Limited Partnership [ ] Partnership -
Federal Tax ID#: `� ; 'y. ; C� -OR- SSN:
Above payment information must be provided prior to Agreement approval. This information will be
reported to the Internal Revenue Services (IRS) under the name and taxpayer identification submitted. (See
IRS 1099 for additional instructions regarding taxpayer I.D. numbers.) Information not matching IRS
records could subject COUNTY to 31 percent backup withholding.
Certification: The individual signing on behalf of COUNTY hereby certifies and swears under penalty of
perjuy that: (a) the number shown on this form is COUNTY's correct taxpayer identification; (b) COUNTY
is not subject to backup withholding because (i) COUNTY is exempt from backup withholding, (ii)
COUNTY has not been notified by the IRS that COUNTY is subject to backup withholding as a result of a
failure to report all interest or dividends, or (iii) the IRS has notified COUNTY that COUNTY is no longer
subject to backup withholding; (c) s/he is authorized to act on behalf of COUNTY, s/he has authority and
knowledge regarding COUNTY'S payment of taxes, and to the best of her/his knowledge, COUNTY is not
in violation of any Oregon tax laws, including, without limitation, those described below; (d) COUNTY is
an independent contractor as defined in ORS 670.600; and (e) the above COUNTY data is true and accurate.
OAR 1.50-305.385(6)-(B) For purposes of this certificate, "Oregon tax laws" means the state inheritance tax,
gift tax, personal income tax, withholding tax, corporation income and excise taxes, amusement device tax,
timber taxes, cigarette tax, other tobacco tax, 9-1-1 emergency communications tax, the homeowners and
renters property tax relief program and local taxes administered by the DEPARTMENT of Revenue
(Multnomah County Business Income Tax, Lane Transit District Tax, Tri -Metropolitan Transit District
Employer Payroll Tax, and Tri -Metropolitan Transit District Self -Employment Tax).
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(`!1T n%,T'TV
r �
By: Date
Tom DeWolf, Chair.
Title: Deschutes County Board of Commissioners
DEPARTMENT
Authorized
Signature: Cti..i 7rt L/i.tn:4f Date: 910le v
Title: _ �► ��-r�-w:r � � r �.St�-� 13, D *-f
APPROVED
As
REVIEWED BY:
r0a
SUFFICIENCY:
t /I - /v L/ UV4-.L
Contracts Coordinator
Date: o'- 27-o 2—
Date: Vo/a
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EXHIBIT A
PART I. STATEMENT OF WORK
A. Types of services to be provided: COUNTY shall provide the following
types of services, in accordance with the requirements of each of the separate
Parts III of this Exhibit A and Exhibit C to this Agreement:
Service Name
Service ID No.
Quality Assurance Services DD 147 ("DD 147 Services")
DD Special Projects DD 57 ("DD 57 Special Projects")
B. Staffing Requirements: County or Provider of DD 147 Services provided
Under this Agreement shall maintain adequate staff resources to perform the DD
147 Services required under this Agreement. Staff resources shall be deemed
"adequate" when COUNTY or Provider documents it has employed, at a
minimum, 2.0 Full -Time Equivalency(ies) (FTEs) Quality Assurance
Coordinator(s), as defined in Part III for DD 147, unless a different FTE level is
specified and approved by DEPARTMENT in COUNTY's "Initial Plan for DD
147 Services" as required in Part III for DD 147. If DEPARTMENT approves
a. different FTE Quality Assurance Coordinator level, COUNTY shall execute
and deliver to DEPARTMENT an appropriate amendment to this Agreement
specifying the FTE Quality Assurance Coordinator(s) to be maintained by
COUNTY.
C. Geographic Service Area:
If, in addition to providing DD 147 Services within COUNTY's political
jurisdiction, COUNTY provides services under this Agreement to other
Oregon Counties, the entire area for which COUNTY provides DD 147
Services shall be designated the "Geographic Service Area".
The Geographic Service Area under this Agreement includes COUNTY and
the following additional Oregon County(ies): Crook, Deschutes, Jefferson,
and Lake Counties.
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PART II. CONSIDERATION AND PAYMENT
A. DEPARTMENT agrees to pay COUNTY the maximum, not -to -exceed
amount of $149,617.00 for accomplishing the Work required by this
Agreement, subject to Exhibit C and to the provisions of all of the separate
Parts III of this Exhibit A, including procedures providing for interim
payments, and further subject to the following limits for each type of service:
Service
Maximum Payable
DD 147: Quality Assurance Services $149,617.00
DD 57: Special Projects, Start -Up Funds — $0.00
B. DEPARTMENT's payment of Start -Up Funds is subject to the provisions of
Exhibit C, Start -Up Funds.
C. All payments made to COUNTY under this Agreement are subject to recovery
by DEPARTMENT as follows:
1. If COUNTY fails to have an independent certified public accountant audit
federal block grant and other funds paid to COUNTY under this
Agreement that DEPARTMENT receives from an agency, instrumentality
or program of the federal government of the United States (collectively,
"Federal Funds") in a manner that complies with Section 24(g) in this
Agreement, DEPARTMENT may recover from COUNTY all Federal
Funds paid to COUNTY under this Agreement.
2.. If federal authorities demand repayment of all or a portion of the Federal
Funds or disallow payment of all or a portion of the Federal Funds to
COUNTY under this Agreement, DEPARTMENT may recover from
COUNTY that portion of the Federal Funds necessary to satisfy the
federal repayment demand or disallowance. If the federal -repayment
demand or disallowance results from the actions or omissions of a DD
147 Provider, as defined in the description of DD 147 Services set forth in
separate Part III of this Exhibit A, COUNTY shall, upon
DEPARTMENT's request, recover the amount of the repayment demand
or disallowance from the Provider. To the extent permitted by state and
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federal law, DEPARTMENT shall not require COUNTY to recover funds
from a Provider under this section II.C.2 if DEPARTMENT determines
that further action by COUNTY is unreasonable given the cost of the
action in comparison to the amount sought to be recovered and/or the
likelihood of successful recovery resulting from COUNTY's actions
under authority vested in COUNTY.
3. DEPARTMENT may recover funds previously disbursed by
DEPARTMENT for DD 147 Services for any month in which COUNTY
does not employ, at a minimum, the FTE Quality Assurance
Coordinator(s)as specified in section I.B of this Exhibit A. If the
DEPARTMENT chooses to recover funds previously disbursed because
of COUNTY's failure to employ, at a minimum, the FTE Quality
Assurance Coordinator(s), as specified in section I.B of this Exhibit A,
then the amount of such recovery shall be limited to the difference
between the actual FTE Quality Assurance Coordinator(s) employed by
COUNTY and the FTE Quality Assurance Coordinator(s) required in
section I.B of this Exhibit A for each month for which recovery is made,
multiplied times $4,010.00.
4. If COUNTY's expenditure of funds paid to COUNTY under this
Agreement does not result in the delivery of Services in accordance with
the terms and conditions of this Agreement, including but not limited to
the description of DD 147 Services set forth in Exhibit A, or if COUNTY
or a DD 147 Provider expends funds paid to COUNTY under this
Agreement in a manner prohibited by this Agreement, DEPARTMENT
may recover the amount of the prohibited expenditure from COUNTY. If
the failure to deliver Services or the prohibited expenditure is the result of
the actions or omissions of a DD 147 Provider, COUNTY shall, upon
DEPARTMENT's request, recover from the Provider the amount of the
expenditure received by the Provider. To the extent permitted by state
and federal law, DEPARTMENT shall not require COUNTY to recover
funds from a Provider under this section II.C.4, if DEPARTMENT
determines that further action by COUNTY is unreasonable given the cost
of the action in comparison to the amount sought to be recovered and/or
the likelihood of successful recovery resulting from COUNTY actions
under authority vested in COUNTY.
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5. If this Agreement is terminated prior to its expiration date,
DEPARTMENT may recover from COUNTY all funds previously paid to
COUNTY under this Agreement which have not been expended or
obligated for purposes authorized by this Agreement on or before the date
of termination.
6. When DEPARTMENT disburses Start -Up Funds to COUNTY:
a. If COUNTY fails to submit required expenditure report(s) for Start -
Up Funds when due for itself or its subcontractor(s), DEPARTMENT
may recover all Start -Up Funds for which a report was required.
b. If COUNTY expends Start -Up Funds on unauthorized purchases,
DEPARTMENT may recover Start -Up Funds in the amount of the
unauthorized purchases.
c. If COUNTY reports under expenditures of Start -Up Funds without
accompanying repayment of Start -Up Funds previously disbursed,
DEPARTMENT may recover Start -Up Funds in the amount of the
under expenditures not previously repaid.
d. If COUNTY fails to comply with the "Dedicated Use Requirement"
as specified in Exhibit C, DEPARTMENT may recover Start -Up
Funds in an amount equal to the amount expended for the item(s)
multiplied by the fraction of the time period specified in Section 4 of
Exhibit C remaining for which the item(s) will not be used for the
dedicated purpose. DEPARTMENT, at its sole discretion, may
accept return of the item(s) in lieu of the prorated repayment provided
for in this section.
e. If COUNTY fails to submit documentation of the DEPARTMENT's
perfected security interests in real or personal property when
DEPARTMENT requires COUNTY or a subcontractor to take steps
to grant and perfect a security interest in real or personal property
pursuant to the requirements of Exhibit C, DEPARTMENT may
recover Start -Up Funds used to purchase the subject real or personal
property.
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In the event funds paid to COUNTY under this Agreement are subject to
recovery as described above, DEPARTMENT may, at its option, upon written
notice to COUNTY, either: (a) offset the amount subject to recovery against
other payments due COUNTY from DEPARTMENT under this Agreement or
any other present or future contract between DEPARTMENT and COUNTY,
or (b) demand that COUNTY pay to DEPARTMENT the amount subject to
recovery, in which case COUNTY shall immediately pay said amount to
DEPARTMENT. DEPARTMENT's right to recover funds from COUNTY
under this Section II.0 is not subject to or conditioned on COUNTY's
recovery of funds from a Provider. Nothing in this section will affect
DEPARTMENT's right to terminate this Agreement as set forth in Section 10
of this Agreement or affect any remedies otherwise available to
DEPARTMENT as a result of COUNTY's breach of the terms of this
Agreement.
D. Upon thirty (30) days advance written notice to COUNTY, DEPARTMENT
may withhold payments otherwise due COUNTY under this Agreement if
COUNTY fails to submit required reports when due or fails to perform or
document the performance of services under this Agreement. Immediately
upon written notice to COUNTY, DEPARTMENT may withhold payments if
COUNTY no longer holds all licenses, certificates, letters of approval or
certificates of approval that are required to perform the Work. Withholding of
payments may continue until COUNTY submits the required reports or
performs the required services. Nothing in this section will affect
DEPARTMENT's right to terminate this Agreement as set forth in Section 10
or any remedies otherwise available to DEPARTMENT as a result of
COUNTY's breach of the terms of this Agreement.
E. DEPARTMENT will not pay any amount in excess of the maximum
compensation amount set forth above. If the parties agree to increase the
maximum compensation by amendment of this Agreement, COUNTY shall
not perform work before the amendment is fully executed and approved as
required by applicable law, unless permitted by applicable law or any lawfully
granted exemptions therefrom. COUNTY shall notify DEPARTMENT's
representative in writing thirty (30) calendar days before this Agreement
expires, of the upcoming expiration of this Agreement. No payment will be
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made for any services performed before the beginning date or after the
expiration date of this Agreement, as it may be amended from time to time in
accordance with its terms.
F. COUNTY shall cooperate with DEPARTMENT in the Agreement Settlement
process with respect to this Agreement and promptly repay to DEPARTMENT
any funds disbursed to COUNTY under this Agreement in excess of the
payments due COUNTY under this Agreement as determined in accordance
with the basis of payment methodologies set forth in each of the separate Parts
III of this Exhibit A. The mere disbursement of funds to COUNTY in
accordance with the disbursement procedures described in Parts III of this
Exhibit A does not vest in COUNTY any right to retain those funds.
Disbursements are considered an advance of funds to COUNTY which
COUNTY may retain: (1) only to the extent COUNTY or its Providers
deliver the Service for which the funds were disbursed in accordance with the
terms of this Agreement, (2) only in accordance with the basis of payment
methodologies set forth in the applicable separate Part III of this Exhibit A for
that Service (e.g., in some Parts III COUNTY may retain a specified sum (the
rate) for each month of Service delivered during the specified period) and (3)
subject to the other restrictions and limitations set forth in this Agreement.
G. _The DEPARTMENT employee assigned to monitor contract compliance,
authorize payment and act as DEPARTMENT representative on matters
related to this Agreement is:.
Marilee Bell, Quality Assurance Coordinator
Services for Seniors and People with Disabilities
2575 Bittern St. NE
PO Box 14250
Salem, OR 97309-0740
Phone: 503-945-9778
Fax: 503-373-7274
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Exhibit A, Part III
Service Requirements and Payment Procedures
Service Name: QUALITY ASSURANCE SERVICES
Service ID Code: DD 147
I. Service Description & Definitions
A. Service Description: Quality Assurance (DD 147) Services for the
Department's 2002-03 fiscal year are focused on development of statewide
policies and procedures,. and incorporation of those statewide standards into
local plans, to ensure that Developmental Disability (DD) services funded
by DEPARTMENT comply with Federal Medicaid Waiver requirements.
If proposed by COUNTY and approved by DEPARTMENT, DD 147
Services under this Agreement may also include provision of Protective
Services.
13. Definitions: For purposes of this Exhibit A, Part III for DD 147 Services,
the terms listed below shall have the following meanings:
1. "DD 147 Provider" shall mean COUNTY or its subcontractor(s)
providing DD 147 Services funded under this Agreement.
2. "Geographic Service Area" shall have the meaning set forth in
Exhibit A, Part I, section C.
3. "Protective Services" shall mean activities defined and required under
OAR 309-040-0200 through 309-040-0290, as such rules may be
revised from time to time.
4. "QA" shall be synonymous with "Quality Assurance".
5. "Quality Assurance (QA) Coordinator" shall mean an employee of
COUNTY or Provider who has the responsibility for performing DD
147 Services required under this Agreement.
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6. "Serious Event Review Team", or "SERI", shall mean the system
used by DEPARTMENT to compile and track hospitalizations, police
calls, abuse allegations, and other serious events involving individuals
with developmental disabilities receiving services funded by
DEPARTMENT.
7. "Waiver" shall mean a plan or plans approved by the Federal Centers
for Medicare and Medicaid Services (CMS) for payment of Medicaid
funds for services delivered in community-based, rather than
institutional, settings.
H. :Performance Requirements
A. Qualifications of Quality Assurance Coordinator(s) Quality Assurance
Coordinator(s) providing DD 147 Services funded through this Agreement
must, at a minimum, meet the qualifications described in OAR 309-041-
0410 (1)(a)(A)(i-iii), as such rules may be revised from time to time, or
other acceptable experience as approved by the DEPARTMENT.
:B. Required Activities: COUNTY shall, at a minimum, perform the following
activities, or shall cause its Provider of DD 147 Services funded under this
Agreement to perform the following activities:
1. Development and implementation of statewide Quality Assurance
system: COUNTY or Provider, through the QA Coordinator(s)
required under this Agreement, shall participate in DEPARTMENT -
sponsored activities, including but not limited to training and planning
sessions, meetings, and work groups, organized for the purpose of
developing and implementing statewide Quality Assurance
requirements, compliance monitoring procedures, corrective action
plans, and other components of a QA system for DEPARTMENT -
funded DD services.
2. Initial Plan for Imvlementin2 DD 147 Services COUNTY shall
submit a plan (the "Initial DD 147 Plan") for the COUNTY/
Geographic Service Area. The Initial DD 147 Plan must, at a
minimum:
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a. Specify the position(s) and associated Full -Time Equivalencies
(FTEs) designated to serve as Quality Assurance Coordinator(s)
for accomplishment of the Work under this Agreement, and
include an organizational chart, job description(s), and
qualifications of Quality Assurance Coordinator(s);
b. Clearly indicate whether or not COUNTY proposes to provide
Protective Services with DD 147 funds under this Agreement. If
so, and if this Agreement is for DD 147 Services for a
"Geographic Service Area" encompassing more than one Oregon
County as defined in Exhibit A, Part I.C., the Initial DD 147 Plan
must specify for which Counties those Protective Services are
proposed to be provided with DD 147 funds under this
Agreement. If DEPARTMENT approves COUNTY's plan to
provide Protective Services with DD 147 funds under this
Agreement, COUNTY shall execute and deliver to
DEPARTMENT an appropriate amendment to this Agreement
outlining COUNTY's responsibilities in providing those
Protective Services.
c. Include a line -item budget, using forms and procedures designated
by DEPARTMENT, for costs to be paid with DD 147 funds paid
under this Agreement;
d. If DD 147 Services are to be provided in more than one Oregon
County, as specified in Exhibit A, Part II, section C, include a
description of how the Performance Requirements of this Service
Description will be implemented in the Geographic Service Area,
and approvals of the Initial Quality Assurance Plan by all counties
in the Geographic Service Area;
e. Be submitted to DEPARTMENT by August 31, 2002, or within
60 days of execution of this Agreement, whichever date is later.
4. Development and implementation of Quality Assurance plans and
procedures:
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a. COUNTY shall, or shall cause its Provider to, develop written
plans and procedures for the COUNTY/Geographic Service Area,
to comply with DEPARTMENT's Quality Assurance
requirements for DD services, once those requirements are
established through the work described in section II.B. l of this
Exhibit A Part III. Such plans and procedures must consider the
unique organizational structure, policies and procedures of the
COUNTY or counties in the Geographic Service Area. COUNTY
shall, or shall cause its Provider to, prepare the plan and
procedures required under this section II.B.3.a using forms and
procedures designated by DEPARTMENT, and shall submit the
plan and procedures to DEPARTMENT by April 1, 2003, unless a
later date is approved by DEPARTMENT.
b. COUNTY or Provider, through the Quality Assurance
Coordinator(s) required under this Agreement, shall keep
administrative staff of COUNTY (or Counties within the
Geographic Service Area) informed regarding Quality Assurance
requirements proposed or established by DEPARTMENT, and
shall request from those administrative staff approval and support
as needed to implement the Quality Assurance plan and
procedures for the COUNTY (or Counties within the Geographic
Service Area).
c. COUNTY or Provider, through the Quality Assurance
Coordinator(s) required under this Agreement, shall coordinate
activities within the COUNTY (or Counties within the
Geographic Service Area), including but not limited to training
staff in the COUNTY (or Counties within the Geographic Service
Area) and preparation of written materials, as needed to
implement the COUNTY/Geographic Service Area's Quality
Assurance plan and procedures as developed under section
II.B.3.a above.
d. COUNTY or Provider, through the Quality Assurance
Coordinator(s) required under this Agreement shall monitor
implementation of the COUNTY/Geographic Service Area's
Quality Assurance plan and .procedures as developed under
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section II.B.3.a above, to determine COUNTY/Geographic
Service Area's compliance with DEPARTMENT Quality
Assurance requirements. The QA Coordinator(s) shall keep
administrative staff of COUNTY (or Counties in the Geographic
Service Area) informed about compliance issues and the need for
any corrective actions.
e. COUNTY or Provider, through the Quality Assurance
Coordinator(s) required under this Agreement, shall coordinate
and ensure implementation of the DEPARTMENT's "Serious
Event Review Team" ("SERT') process for .COUNTY/Region, in
accordance with DEPARTMENT's "SERT Manual".
C. Target population restriction 100% of the activities conducted with DD
147 Services funds paid under this Agreement shall be directly related to
the effective administration and the oversight of the health, safety and well
being of individuals with developmental disabilities as defined in OAR
309-041-0405(15), as such rule may be revised from time to time.
III. Special Reporting Requirements
A.- Documentation of maintenance of adequate staffing levels: COUNTY
shall submit monthly staff time sheets for staff paid with DD 147 funds
under this Agreement, using forms and procedures designated by
DEPARTMENT, to document that COUNTY has maintained adequate
staffing, as required in Exhibit A, section I.B, to perform the Work under
this Agreement
13. Progress reports on plan implementation: COUNTY shall provide reports
and information to DEPARTMENT as DEPARTMENT may reasonably
request, to allow DEPARTMENT to review COUNTY's implementation
of its "Initial DD 147 Plan" required under section II.B.2 of this Exhibit A
Part III, and/or COUNTY's implementation of its local Quality Assurance
plan as required under section II.B.4 of this Exhibit A Part III.
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IV. Payment Procedures
A. Basis of payment: DEPARTMENT shall pay COUNTY for DD 147
Services provided under this Agreement at the monthly rate of
$12,468.08, subject to the following:
1. Total DEPARTMENT payment to COUNTY for all DD 147 Services
shall not exceed the Agreement- Total for DD 147 Services specified
in Exhibit A.
2. DEPARTMENT may, at its discretion, recover DD 147 funds it
previously paid for DD 147 Services for any month in which
COUNTY does not employ, at a minimum, the number of FTE
Quality Assurance Coordinator(s) required in Exhibit A, Part I,
Statement of Work, section B, and as documented by submittal of
reports required under section III of this Exhibit A, Part III. Any
such recovery will be made in accordance with Exhibit A, Part II,
CONSIDERATION AND PAYMENT, Section C.
3. Payment of the monthly rate for the period January — June, 2003 is
contingent on DEPARTMENT approval of COUNTY's Initial DD
147 Plan as required in section II.B.2 of this Exhibit A Part II1.
13. Disbursement of Funds: DEPARTMENT shall disburse funds to
COUNTY for DD 147 Services in monthly allotments, at the monthly rate
specified in section IV.A, above, subject to the following adjustments:
DEPARTMENT may, at its discretion, reduce the monthly allotments
based on COUNTY employment of fewer than the minimum FTE
Quality Assurance Coordinator(s) required, as identified through
reports required under section III of this Exhibit A, Part III.
2. DEPARTMENT may, at its discretion, adjust monthly allotments to
meet cash flow requirements for continued delivery of DD 147
Services, however in no event shall DEPARTMENT's total payments
to COUNTY for DD 147 Services provided during the term of this
Agreement exceed the Agreement Total for DD 147 Services set
forth in Exhibit A.
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3. DEPARTMENT shall adjust the amount of each monthly allotment
for DD 147 Services to reflect any changes or amendments to the
maximum amount payable under this Agreement or to the payment
rates agreed upon by the parties.
C. 'Agreement Settlement: DEPARTMENT may recover funds previously
disbursed to COUNTY to reconcile any differences between
DEPARTMENT's payments for DD 147 Services during the term of this
Agreement and amounts due for such DD 147 Services as specified in
Exhibit A, as such amounts may be adjusted under the provisions of
Exhibit A, Part II, CONSIDERATION AND PAYMENT, Section C, and
section IV.A.2 of this Part III.—
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Exhibit A, Part III
Service Requirements and Payment Procedures
Service Name: DD SPECIAL PROJECTS
Service I.D. Code: DD 57
I. ;Service Description;
Developmental Disability Special Projects (DD 57) are task -specific or time-
limited activities that may include, without limitation: provision of training to
entities or individuals who provide DEPARTMENT funded developmental
disability services; demonstration or emergency services; activities and
expenditures necessary to begin, expand or improve services; or other services
as deemed appropriate by DEPARTMENT.
II. :Performance Requirements
If this Agreement includes DD 57 funds, COUNTY will perform, and
DEPARTMENT will pay for the DD 57 Services described in and as set forth
in Exhibit C to this Agreement.
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EXHIBIT C
START-UP FUNDS
INTRODUCTION
Start -Up funds are those funds that the DEPARTMENT pays to COUNTY for
expenses necessary to begin, expand, or improve the Services COUNTY is
required to deliver or provide under this Agreement (referred to herein as "Start -
Up Funds"). COUNTY shall only spend Start -Up Funds, subject to the
DEPARTMENT's approval as set forth in this Exhibit C, for the purposes set forth
below. COUNTY shall not spend Start -Up Funds for any purpose not specifically
authorized by this Agreement and approved by the DEPARTMENT.
1. Basis of Payment
DEPARTMENT shall pay COUNTY Start -Up Funds to reimburse COUNTY
for actual allowable expenditures incurred by COUNTY or its subcontractor(s)
in order to begin, expand, or improve the Services COUNTY is required to
deliver or provide under this Agreement, subject to the following limitations:
a. Allowable expenditures are costs incurred in accordance with a line item
budget approved by DEPARTMENT.
(i) "Cost incurred" shall be defined as:
(a) Payment due for services performed to begin, expand or improve
the Services CONTRACTOR is required to deliver or provide
under this Contract during the effective period of this Contract; or
(b) Payment due for goods delivered that are necessary to begin,
expand or improve the Services CONTRACTOR is required to
deliver or provide under this Contract during the effective period
of this Contract; or
(c) Payment due for interests in real property acquired to begin,
expand or improve the Services CONTRACTOR is required to
deliver or provide under this Contract during the effective period
of this Contract.
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(ii) Within an approved line -item budget:
(a) CONTRACTOR may transfer up to 15% from Personal Services,
Services and Supplies and Capital Outlay without prior approval;
(b) Transfers that exceed 15% and all transfers to Capital Outlay must
be prior -approved by DHS; -and
(c) Consultant and subcontractor rates may not exceed those
approved in writing by DHS.
b. Total DEPARTMENT payment of Start -Up Funds under this Agreement
shall not exceed the maximum amount DEPARTMENT agrees to pay for
DD 57 Special Projects Start -Up specified in Exhibit A.
c. DEPARTMENT is not obligated to pay any Start -Up Fundsfor costs
incurred that are not properly reported to DEPARTMENT as required by
this Agreement by the date 45 days after expiration or termination of this
Agreement, whichever date is earlier.
d. In the event that a COUNTY fails to comply with the "Dedicated Use
Requirement" as specified in section 4 of this Exhibit C, fails to submit
expenditure report(s) as required in section 5 of this Exhibit C, fails to
submit documentation related to the grant and perfection of
DEPARTMENT's security interests in real or personal property when
DEPARTMENT requires COUNTY or a subcontractor to take steps
necessary to grant and perfect a security interest in real or personal
property pursuant to section 6 of this Exhibit C, makes unauthorized
expenditures of Start -Up Funds, or reports under expenditures of Start -Up
Funds without accompanying repayment of Start -Up Funds previously
disbursed, the DEPARTMENT may recover previously disbursed Start -
Up Funds according to the process for recovery of funds set forth in
Exhibit A, Part II, CONSIDERATION AND PAYMENT, Section C.
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2. Disbursement of Funds
��. COUNTY may request Start -Up Funds by submitting to the
DEPARTMENT:
(i) A Request for Payment of Start -Up Funds, substantially in the form
attached to this Exhibit C; and
(ii) A line item budget prepared on forms and following procedures
prescribed or approved by DEPARTMENT.
COUNTY shall provide complete information requested -by the
aforementioned forms, and by any attachments thereto.
l). COUNTY shall submit requests for Start -Up Funds sufficiently well in
advance of the date planned for expenditure of the Start -Up Funds to
allow the DEPARTMENT to review the request and, if approved, disburse
Start -Up Funds to the COUNTY.
�;. COUNTY will notify DEPARTMENT, by submitting a revised line -item
budget, of any change in the intended use of Start -Up Funds, and may not
expend Start -Up Funds for the new use until the revised line -item budget
is approved by the DEPARTMENT.
d. Following its review of the Request for Payment of Start -Up Funds, the
line item -budget, and any additional documentation requested by the
DEPARTMENT, the DEPARTMENT will notify COUNTY of its
approval or rejection of the request for Start -Up Funds, and disburse
Start -Up Funds to COUNTY in the amount specified in the line item
budget approved by DEPARTMENT. The DEPARTMENT may, at its
sole discretion, disburse approved Start -Up Funds to COUNTY separately
or along with scheduled disbursements of other funds payable to
COUNTY under this Agreement.
f;. COUNTY shall keep copies of all Requests for Payment of Start -Up
Funds, line item budgets and any other documents that were included in
any request for Start -Up Funds, for the purpose of reporting actual
expenditures as required -in section 5, of this Exhibit C.
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3. Start -Up Expenditure Documentation Maintained by COUNTY
The COUNTY shall maintain, and cause all of its subcontractors to maintain,
documentation of expenditures of Start -Up Funds, and make available, and
cause all of its subcontractors to make available, such documentation to the
DEPARTMENT for inspection at the DEPARTMENT's convenience and
request. The aforementioned documentation must include the following:
a. The amount of Start -Up Funds received by the COUNTY;
b. The amount of Start -Up Funds the COUNTY or its subcontractors
expended on each category in the line item budget approved by the
DEPARTMENT;
c. An inventory of each furnishing or fixture, or item of real property or
other personal property acquired using Start -Up Funds that costs $500.00
or more. The inventory must be aggregated by the physical location of the
real or personal property;
d. Copies of all subcontracts whose costs are paid in whole or in part with
Start -Up Funds; and
e. Receipts for any expenditures of Start -Up Funds.
f. Exceptions to Dedicated Use Requirements specified in section 4 of this
Exhibit C that are approved by the DEPARTMENT. .
4. Dedicated Use Requirement
Each item of personal property, included without limitation equipment, office
machines, appliances, furnishings and fixtures, costing $500.00 or more and
purchased in part or in whole with Start -Up Funds under this Agreement, must
be listed in the inventory specified in 3.c. of this Exhibit C, and must be used
to begin, expand, improve, or continue the types of services for which the
Start -Up Funds were approved for the useful life of the item or five (5) years,
whichever is less, except as follows:
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a. Prior approval is obtained in writing from DEPARTMENT for alternative
use(s).
b. The item is lost or rendered useless for reasons other than negligence on the
part of COUNTY or its subcontractor(s).
DEPARTMENT discontinues the Services for which the Start -Up Funds
were necessary because the DEPARTMENT receives inadequate funding
or expenditure authority to allow it to continue contracting for the Services.
5. Start -Up Expenditure Reports to the DEPARTMENT
COUNTY shall submit report(s) of actual expenditure of Start -Up Funds paid
'by DEPARTMENT under this Agreement, in conformance with the following
:requirements:
a. COUNTY shall submit expenditure reports for Start -Up Funds by the
earlier of 45 days after expiration or termination of this Agreement or 120
days after the first day on which COUNTY or its subcontractor provided
DD 147 Services under this Agreement; however, if COUNTY or its
subcontractors expend Start -Up Funds in more than one DEPARTMENT
biennial accounting period or portion thereof (July 1 of odd -numbered
year through June 30, next odd -numbered year), then COUNTY shall
submit separate expenditure reports for Start -Up Funds expended in each
of the DEPARTMENT'S biennial accounting periods, as follows:
(i) COUNTY shall submit expenditure reports for Start -Up Funds
expended prior to and including the last day of any DEPARTMENT
biennial accounting period by the earlier of 45 days after the end of
the DEPARTMENT'S accounting period, or 120 days after the first
day on which COUNTY or its subcontractor provided DD 147
Services under this Agreement;
(ii) In addition, in the event that the biennial accounting period for which
COUNTY is reporting is the last biennial accounting period during
which it is currently authorized to expend Start -Up Funds, COUNTY
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shall also include in its report both the amounts expended in that final
biennial accounting period, and a total of all Start -Up Funds
expended under this Agreement.
l). COUNTY shall report expenditures on the same form that contains the
most current line item budget approved by DEPARTMENT for Start -Up
Funds under this Agreement. COUNTY shall provide complete
information, and shall attach to the report(s):
(i) A copy of each Request for Payment of Start -Up Funds that
COUNTY submitted for payment in the applicable reporting period;
(ii) A copy of all documents required under the provisions of section 6,
"Security Interest," of this Exhibit C, for expenditures of Start -Up
Funds during the applicable report period;
(iii) Other documentation that may reasonably be requested by
DEPARTMENT.
6. Security Interest
The DEPARTMENT may, after reviewing the COUNTY's Request for
Payment of Start -Up Funds and associated line item budget, request the
COUNTY grant the DEPARTMENT a security interest in the real or personal
property that COUNTY will obtain using the Start -Up Funds. In addition, the
DEPARTMENT may request that COUNTY cause its subcontractors to do the
same. In the event that DEPARTMENT determines it requires a security
interest in the real or personal property that COUNTY or a subcontractor will
obtain using Start -Up Funds, COUNTY shall take all steps as directed by the
DEPARTMENT, and execute or file any additional documents and
instruments that the DEPARTMENT may reasonably require that the
DEPARTMENT determines necessary to grant and perfect a security interest
on behalf of the State of Oregon in the real or personal property obtained by
COUNTY, or any subcontractors, using Start -Up Funds. Notwithstanding
Section 2.d. of this Exhibit C, the DEPARTMENT may condition
disbursement of Start -Up Funds for the acquisition of real or personal property
in which the DEPARTMENT will have a security interest on the grant and
perfection of such security interest.
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:[n addition, COUNTY shall comply, and cause all of its subcontractors to
comply, with any additional reporting requirements established by the
:DEPARTMENT with respect to such security interests, and furnish evidence
of any filings or agreements with third parties that COUNTY might be
;required to make or enter into related to the DEPARTMENT's security interest
:in the real or personal property.
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REVI
December 5, 2001
Revised April 1, 2002
Misc. Contracts & Agreements
No. 20,034
COOPERATIVE IMPROVEMENT AGREEMENT
OR 27 "Relocation" Feasibility Analysis
THIS AGREEMENT is made and entered into by and between THE STATE OF
OREGON, acting by and through its Department of Transportation, hereinafter referred
to as "ODOT'; CROOK COUNTY, acting by and through its elected officials; the CITY
OF PIRINEVILLE, acting by and through its elected officials; DESCHUTES COUNTY,
acting by and through its elected officials; and. the CITY OF BEND, acting by and
through its elected officials.
REC117ALS
1. The Crooked River Highway (OR 27) is a part of the state highway system under the
jurisdiction and control of the Oregon Transportation Commission.
2. By the authority granted in ORS 190.110, 366.770 and 366.775, ODOT may enter
into cooperative agreements with the counties and cities 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.
3. There is interest by the Participants in this agreement to evaluate the feasibility of
an alternative route to OR 27, in terms of an improved North-South transportation
link between US 20 and OR 126 West of Prineville.
4. By -the authority granted in ORS 366.425, ODOT may accept deposits of money or
an irrevocable letter of credit from any county, city, road district, person, firm, or
corporation for the performance of work on any public highway within State. When
said money or a letter of credit is deposited, ODOT shall proceed with the project.
Money so deposited shall be disbursed for the purpose for which it was deposited.
Agreement #20,034 �
OR 27 "Relocation" Feasibility Analysis
Environmental Studies ���✓���
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17 rz�
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5. The Participants agree that funding is required to evaluate the potential relocation
and improvement of OR 27. The table provided in Exhibit B provides the summary
of specific funds required, as well as cost sharing. Total estimated cost for this
Project is $49,999. ODOT shall provide a maximum contribution of $20,000 toward
the total cost of the Project. Crook County shall provide a maximum contribution of
$2'0,000 toward the total cost of the Project. City of Prineville shall provide a
maximum contribution of $3,333 toward the total cost of the Project. Deschutes
County shall provide a maximum contribution of $3,333 toward the total cost of the
Project. City of Bend shall provide a maximum contribution of $3,333 toward the
total cost of the Project. Contributions to the Project may be staff time, materials,
software, or cash, and will be used only for the purpose of providing analytical
support for consideration of said land allocation alternatives. Any additional cost or
contribution needs will only be applied as agreed to by all Participants, and by a fully
executed Amendment to this Agreement by all parties. Any cost savings for the
Project based on the current estimate will be returned to the Participants on a pro -
rata basis.
6. The term of this agreement shall begin on the date all required signatures are
obtained and shall terminate on December 31, 2003.
ODOT OBLIGATIONS
1. ODOT shall be responsible for conducting the necessary technical analysis for, and
preparing of, the transportation impacts technical report for the review of all
Participants and final distribution to all Participants and stakeholders, including the
Federal Bureau of Land Management (BLM) for potential incorporation into their
Upper Deschutes Resource Management Plan (UDRMP). ODOT shall send
advance deposit requests to all other Participants of this Agreement for their share
of the total project costs for work identified in this paragraph. See Exhibit C for
summary scope of ODOT work on this item.
2. OGOT shall, as a participating project expense, conduct roadway improvement cost
analysis per state highway standards and practices, for the potential relocation of
OR 27, for review of all Participants and final submittal to the Federal Bureau of
Land Management (BLM) for incorporation into their UDRMP. ODOT shall provide
staff time up to the equivalent cost of their maximum contribution. See Exhibit D for
summary scope of ODOT work on this item.
3. ODOT's contact for this project is Gary Farnsworth Area Manager, Central Oregon
Area.
Agreement #20,034 3
OR 27 'Relocation" Feasibility Analysis
Environmental Studies
. = u
CITY OF BEND OBLIGATIONS
1. City of Bend shall, upon execution of this agreement and a letter of request from
ODOT, forward to ODOT an advance deposit or irrevocable letter of credit in the
amount of $3,333 for payment of City of Bend's share of the estimated costs for
Transportation Analysis under ODOT Obligations.
2. City of Bend represents that this agreement is signed by personnel who have been
authorized to do so.
3. City of Bend's contact for this project is Mike Elmore, City of Bend Public Works
Director.
GENE=RAL PROVISIONS
1. All parties agree that a mutual review of the environmental documents and findings
whl be conducted prior to proceeding with the next project phase.
2. This agreement may be terminated by mutual written consent of all parties.
3. ODOT may terminate this agreement effective upon delivery of written notice to all
parties, or at such later date as may be established by ODOT, under any of the
following conditions:
A. If any of the Participants fail to provide services called for by this
agreement within the time specified herein or any extension thereof.
B. If any of the Participants fail to perform any of the other provisions of
this agreement, or so fails to pursue the work as to endanger
performance of this agreement in accordance with its terms, and
after receipt of written notice from ODOT fails to correct such failures
within 10 days or such longer period as ODOT may authorize.
C. if any of the parties obligated by this agreement to provide funding
fails to provide payment of their share of the cost of the project upon
receipt of a letter of request from ODOT.
D. If ODOT fails to receive funding, appropriations, limitations or other
expenditure authority at levels sufficient to pay for the work provided
in the agreement.
Agreement #20,034 5
OR 27 "Relocation" Feasibility Analysis
Environmental Studies
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals
as of the day and year hereinafter written.
The Oregon Transportation Commission on January 16, 2002, approved Delegation
Order No. 2, which authorizes the Director to approve and execute agreements for day-
to-day operations when the work is related to a project included in the Statewide
Transportation Improvement Program or a line item in the biennial budget approved by
the Commission.
The Oregon Transportation Commission on January 16, 2002, adopted Delegation
Ordler No. 4 which grants authority to the Director, Executive Deputy Director ►or
Highways, and Chief of Staff to approve and execute agreements up to $75,000 not
incluced in the Statewide Transportation Improvement Program or not included in a line
item in the approved biennial budget.
Crook County, by and through
Commission representative
By —__SC &:K• 6 ---
County Judge
Date _ SLaa(y'�
its STATE OF OREGON, by and through its
Departmen f Transportation
By r,. �V�VLL
rj
Exec. Deputy Director fo ighways
DatV V2,61 o'Z
City of Prineville, by and through its elected
repres Bntative
By „ .
Date
Deschutes County, by anp through its
Commission representative
B�
Chair, County Commission
Date (P ?7,6 lo -2,
City
OZ-
City of Bend, by and through its elected
official
By _&'
Mayor
Date 7 v
Agreement #20,034 7
OR 27 "Relocation" Feasibility Analysis
Environmental Studies
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Roadway Improvement Cost Analysis Scope of Work. for
OR 27 "Relocation" Feasibility Analysis
RECON ESTIMATE:
• Work tasks:
• Preliminary construction estimate — 4 wks total cost of approximately $10,000
• Windshield survey
• BLM mtg to discuss road and OHV crossings and to obtain contour map
• Possible alignments problems may require relocation of segment approx. 1 mile to the east
• Preliminary P.E. estimate — 4 days
• The historical P.E. percentage estimate would be applied to the preliminary construction
estimate to develop an approximate PE percentage.
SCOPING ESTIMATE:
To perform the scoping on this project it was estimated that there would need to be three project team
meetings:
1. The first meeting would be to document the purpose and need of the project and perform a field visit.
2. The second meeting would be to perform the actual scoping for the project. Scoping would be done
using the information gathered during first site visit and after confirming actual project design
parameters.
3. Final meeting would result in the project scoping narrative, project estimate and prospectus.
Team Members
Hours
Team Leader
48
Right of Way
32
Pavements
32
Utility Specialist
24
Roadway
64
Traffic
24
Maintenance
24
Construction
64
Planning
24
Survey
96
512
Total cost is estimated at 512 hours @ $40.00/hr = $20,480 dollars
EXHIBIT "C"
Draft drat draft
OR 27 (Millican-West Butte)
Draft WORK PROGRAM (8/15/01)
Purpose: The Transportation Planning Analysis Unit (TPAU) will work with Region 4 to
complete a traffic analysis for OR 27. This study will include developing current
and future traffic volumes for the study area.
TAS)E:1 Develop 30 Highest Hour Traffic Volumes for Existing Transportation
Facility
Purpose: Develop Year 2001 30th highest hour volumes (30HV) for the study area.
Methodology: Collect data from recent manual counts in the area. If counts are not available
region 4 will conduct the manual counts at specified locations. Counts will have
to be seasonally adjusted as needed.
Timeline: TPAU Work: 40 hours
Personnel: TPAU Staff
Region 4 will collect traffic counts at strategic locations. This will include
approximately 8, 14 -hour weekday'manual classification counts
Cost: $ 1,600 (cost only includes TPAU work — the counts will probably cost about
$7,000)
Product: Year 2001 30`h highest volumes for the existing transportation system.
TASK 2 Develop Future Year Traffic Volumes for Existing Transportation Facility
Purpose: Develop Year 2025 design hour traffic volumes (DHV).
Methodology: Since no transportation model is available in this area, we will use historic growth
trends to develop the DHV's.
Timelvie: TPAU Work: 40 hours
Personnel: TPAU Staff
Cost: $ 1,600
Product: Year 2025 DHV's for the existing facility
Drat drat draft
EXHIBIT "D"
Drat drat draft
TASJEC 3 Determine Transportation Needs
Purpose: Provide an assessment for the No build transportation alternative.
Meth-Ddology: Compute v/c ratios for the years 2001 and 2025 no -build using the traffic volumes
developed in Tasks 1 and 2 and compare them to Highway Design Manual
acceptable v/c ratios for project development.
Timeline: TPAU Work: 40 hours
Personnel: TPAU Staff
Cost: $ 1,600
Product: A technical memo identifying the years 2000 and 2025 transportation needs for
the existing facility.
TASK: 4 Evaluate Proposal
Purpose: Work with Region 4 to develop and evaluate the proposed.
Methodology: The single alternative being evaluated in this project is a route that is parallel to
the existing facility. An Origin -Destination (O&D) survey may be required to
determine what traffic will use this facility if it is constructed. Data from
previous and/or new O&D surveys and the 2025 traffic volumes developed in task
2 will be used to develop the traffic for the new facility.
Timeline: TPAU Work: 150 hours
An O& D survey would likely run between $10,000 and $30,000 depending on
the number of survey locations and the type of survey. The team will need to
decide if the O&D survey is needed,
Personnel: TPAU Staff
Cost: $ 6,000 for TPAU labor.
($10,000 to $30,000 for an O&D survey)
Product: A technical memo evaluating the operational characteristics of the proposed
alternatives.
Drat drat draft
Dra 't drat draft
TASK 5 Furnish EIS Traffic Data for both No Build and Build Alternatives
Purpose: To furnish Environmental Section the EIS traffic data for both no build and build
alternatives for the years 2001, 2010 and 2025.
Methodology: Use traffic information from Task 1 through 4 to generate EIS traffic data.
Timeline: TPAU Work: 120 hours
Personnel: TPAU Staff
Cost: $ 4,800
Product: EIS traffic data for No Build and build options for the entire project.
TASK: 6 Prepare for and Attend Six Meetings
Purpose: To furnish information on difficult issues concerning transportation analysis for
each of the six meetings.
Methodology: Transportation Engineering Practices.
Timeline: TPAU Work: 100 hours
Personnel: TPAU Staff
Cost: $ 4,600 (staff time plus trip reimbursement)
Product: Sharing information on both No build and proposed options for the entire project.
OR 27 Millican-West Butte Cost Breakdown
Task Description
Hours
Cost__
1 Existing 30HV
40
$1,600
Manual Counts
$7,000
2 DHV
40
$1,600
3 No -Build Analysis
40
$1,600
4 Analysis
150
$6,000
O&D Survey (between $0 and $30,000)
5 EIS Data Development
120
$4,800
6 Travel Time
100
$4,000
Trip reimbursment (6 trips)
$600
Total without O&D
$27,200
Total with.O&D
$37,000 to $57,000
Drat drat dra t
Motion on approval of Final Plat for Estates At Pronghorn,
Phase 1
I MOVE, approval and signature of the Improvement Agreements,
Final Plat and escrow closing documents and instructions for
the E. -states at Pronghorn, Phase 1, subject to final review by
County Legal Counsel. In conjunction with this motion, I further
move to authorize any Board Member to sign any or all
documents necessary in escrow to finalize these actions and
authorize the recording of the Final Plat when the security for
the Improvement Agreements has be provided to the County.
Second by
Vote