Loading...
2006-563-Resolution No. 2006-050 Recorded 6/8/2006REVI D (� EGAL OUNSEL DESCHUTES COUNTY OFFICIAL RECORDS Q 7pp6.563 NANCY BLANKENSHIP, COUNTY CLERK COMMISSIONERS' JOURNAL 0614811406 03645'11 PM 563 I For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A Resolution Authorizing Dennis R. Luke, Bev Clarno and Michael M. Daly to Execute * RESOLUTION 2006-050 And Enter into Grant Award Contracts with COIC (Central Oregon Intergovernmental Council) I, Bonnie Baker, Recording Secretary for Deschutes County, a county organized and existing under and by virtue of the laws of the State of Oregon, do hereby certify that a meeting of the Board of County Commissioners of Deschutes County, duly and regularly called and held on the -54± day of June 2006, at which a quorum was present and voting, the following Resolution was unanimously adopted: BE IT RESOLVED that any one of the following elected officials of Deschutes County: NAME POSITION Dennis R. Luke Chair, Deschutes County Board of Commissioners Bev Clamo Commissioner, Deschutes County Board of Commissioners Michael M. Daly Commissioner, Deschutes County a Board of Commissioners / Acting for and on behalf of Deschutes County and as its act and deed, be and theye hereby authorized and empowered to execute and enter into a grant award contract and any other necessary documents with the Central Oregon Intergovernmental Council (COIC) on such terms as may be agreed upon by Deschutes County and COIC for the handling of grant award contracts and document. BE IT FURTHER RESOLVED that this Resolution shall remain in full force and effect until written notice of revocation thereof shall have been delivered to and received by COIC. DATED thisoDay of June, 2006. ATTEST: $";" sa_t� Recording Secretary THE BOARDF COUNTY COMMISSIONERS FOR DES ES COUNTY, OREGON R. Luke, Bev Cly mo. Commissioner REv LEGAL COUNSEL CENTRAL OREGON COMMUN GRANT AWARD _ _ _ --TRACT CONTRACT #06-81� j 1svaKU DESCHUTES COUNTY CENTRAL OREGON REGIONAL STORMWATER MANAGEMENT MANUAL PROJECT This Contract, covering the period commencing April 6, 2006 and continuing through April 15 2007, unless terminated in accordance with Section 6, is made and entered into by and between the Central Oregon Intergovernmental Council (hereinafter "Council"), acting as fiscal and administrative agent for the Central Oregon Community Investment Board, 2363 SW Glacier Pl. Redmond, Oregon, 97756 and the Deschutes County, 1300 NW Wall, Suite #200, Bend, OR 97701 (hereinafter "Recipient"). 1. In accordance with ORS 285B.230 to 285B.264, the governing bodies of the counties of Crook, Deschutes, and Jefferson have created the Central Oregon Community Investment Board (hereinafter "Board") pursuant to that certain Intergovernmental Agreement among Crook County, Deschutes County and Jefferson County dated October 6, 1999, for the creation of the Central Oregon Community Investment Board. This agreement and subsequent modifications are by this reference incorporated herein. 2. The governing bodies of the counties of Crook, Deschutes and Jefferson have jointly designated the Council to act as the Board's fiscal and administrative agent pursuant to that certain Intergovernmental Agreement among Crook County, Deschutes County and Jefferson County dated November 22, 2005 for Administration Services — Regional Investment Strategy and Rural Action Plan. This agreement and subsequent modifications are by this reference incorporated herein. 3. The Council has entered into a Grant Award Contract with the State of Oregon acting by and through its Economic and Community Development Department (hereinafter "State') dated December 28, 2005 for the purposes of receiving and expending moneys from the 2005-07 Regional Investment Fund (as defined below) and administering the implementation of the 2005-07 Approved Regional Investment Strategy (as defined below) and for the purposes of receiving and expending moneys from the 2005-07 Rural Investment Fund (as defined below) and administering the implementation of the 2005-07 Approved Rural Action Plan as defined below). Central Oregon Community Investment Board Grant Award Contract Page 1 Revised 5-4-06 DC -2p®6 263. 4. Pursuant to the Intergovernmental Agreements referenced in paragraphs 1 and 2 above, the Grant Award Contract referenced in paragraph 3 above, and ORS 285B.230 to 285B.269, the Council is authorized to make an award from the 2005-07 Regional Investment Fund created by ORS 285B.260 or the 2005-07 Rural Investment Fund created by ORS 285B.254. 5. This Contract is awarded based upon the grant application approved by the Central Oregon Community Investment Board on April 6, 2006. This application is attached hereto and incorporated herein as Exhibit C (Approved Project) to this Contract. 6. For the purpose of this Contract, the following terms or conditions will have these meanings: "2005-07 Approved Regional Investment Strategy" — The regional Investment Strategy prepared by the Central Oregon Intergovernmental Council in accordance with ORS 285B.230 to 285B.269 and 285B.269 and approved in accordance with ORS 285B.242(5)/285B.245(1) or 285B.242(8). "2005-07 Approved Rural Action Plan" — The rural action plan prepared by the Central Oregon Intergovernmental Council that is an element of the Regional Investment Strategy. "2005-07 Regional Investment Fund" - An award from the 2005-07 Regional Investment Fund created by ORS 28513.260 provided to the Council by the State subject to the terms and conditions of that certain Grant Award Contract dated December 28, 2005. "2005-07 Rural Investment Fund" — An award from the 2005-07 Rural Investment Fund created by ORS 285B.254 provided to the Council by the State subject to the terms and conditions of that certain Grant Award Contract dated December 28, 2005. "Activity" - Any project or portion of a project funded in whole or in part from the 2005-07 Regional Investment Fund or the 2005-07 Rural Investment Fund. It shall include those items for which other funds are needed for completion. "Grant" — Grant has the meaning set forth in Section 1.01 hereof. "Project" - The sum of Activities funded in whole or in part with Grant moneys, including those Activities for which other funds are needed for completion. 7. The Council is willing to make a grant award on the terms and conditions of this Contract. Accordingly, the parties agree as follows: SECTION 1 GRANT AWARD Section 1.01. Grant. Subject to the terms and conditions of this Contract, the Council shall award a maximum of $20,000 from the 2005-07 Regional and Rural Investment Funds for the purposes set forth herein. Central Oregon Community Investment Board Revised 5-4-06 Grant Award Contract Page 2 Section 1.02. Draw Downs. Recipient shall receive Grant moneys after it submits a request for such moneys on a Draw Down Request Form to the Council and the Council approves the request. Grant moneys will be disbursed only in accordance with the schedule set out in Exhibit A (Summary of Award), under the conditions of approval described in this Contract including Exhibit B (Conditions of Approval), and as matching funds are invested by Recipient in accordance with Exhibit A. Grant draw downs shall be requested in increments of at least twenty (20) percent of the total Grant except in the case of the final draw down. Attached to the Draw Down Request Form shall be documentation satisfactory to the Council on the use of Grant moneys and the expenditure of cash and in-kind matching funds. Upon receipt of a Draw Down Request Form, the Council shall review the documentation submitted and may request additional information. If the Council does not request additional information within thirty (30) days after receipt of the Draw Down Request Form, the draw down shall be deemed approved and payment of Grant moneys shall be made. In the event the Council requests additional information from Recipient, the Council shall have thirty (30) days from the date of receipt of the additional information to review the information. If Recipient has provided the information requested, the draw down shall be deemed approved and payment of Grant moneys shall be made. In the event Recipient does not provide the information requested within thirty (30) days, the Council may deny the draw down request or approve only the portion of the draw down request which has been documented satisfactorily. Recipient shall expend the Grant moneys on approved activities as set forth in Exhibit A and Exhibit C within thirty (30) days of disbursement of Grant moneys by the Council. Recipient shall submit documentation satisfactory to the Council for Grant moneys disbursed in advance of expenditure within sixty (60) days of disbursement of the Grant moneys by the Council. Ten (10) percent of the total grant award shall be retained by the Council pending the final reporting of all matching funds invested by Recipient. That retainage will be released no later than fourteen (14) calendar days after the date that the Council approves the final draw down request demonstrating the investment of all obligated matching funds. Section 1.03. Accounting. Recipient shall place all Grant moneys in a separate account or segregated fund and shall maintain discrete accounting records for expenditures and cash balances under this Contract as well as for all matching funds and in-kind services. Recipient shall use and maintain accounting policies, practices and procedures which are consistent with generally accepted accounting principles and in accordance with applicable statutes and regulations. Recipient shall hold all Grant moneys in trust for the purposes specified in this Contract, shall expend, transfer or disburse the Grant moneys only as provided in this Contract, and such Grant moneys shall not be subject to levy or attachment or lien by or for the benefit of any creditor of Recipient. Section 1.04. Final Draw Down. Recipient shall submit the final Draw Down Request Form within thirty (30) days after the date of completion of the Project, but no later than April 15, 2007. Draw Down Request Forms received after this date shall be ineligible for funding under this Contract. Section 1.05. Availability of Funds. This Grant award is subject to the availability of lottery money in the 2005-07 Regional Investment Fund or the 2005-07 Rural Investment Fund. The Council shall reduce this Grant and all other grants from the 2005-07 Regional Investment Fund Central Oregon Community Investment Board Revised 5-4-06 Grant Award Contract Page 3 or the 2005-07 Rural Investment Fund proportionately in the event of a shortfall of lottery moneys in these Funds. This Grant award is also subject to the availability of sufficient appropriations, limitations or other expenditure authorization from the Oregon Legislative Assembly to allow the State, in the reasonable exercise of its administrative discretion, to disburse moneys from the 2005-07 Regional Investment Fund or the 2005-07 Rural Investment Fund to the Council. SECTION 2 USE OF GRANT MONEYS Section 2.01. Eligible Activities. The Recipient's use of the Grant moneys is subject to the terms and conditions of this Contract including the Conditions of Approval set out in Exhibit B and is also limited to those activities listed in Exhibit A and Exhibit C. Section 2.02. Ineligible Activities. Grant moneys shall not be used: (a) except in complete accordance with the provisions of this Contract; (b) to retire any debt unrelated to the project or incurred prior to April 6, 2006; (c) to reimburse any person, entity, or municipality for expenditures made or expenses incurred prior to the date of April 6, 2006; (d) as a substitute for available budgeted resources in supporting ongoing public services or infrastructure that already exist, but rather shall support only new or enhanced local services benefiting the Region's capacity for economic and community development; (e) to maintain existing staff of a public or private entity, except to pay for staff time dedicated to new or augmented efforts, such as technical assistance, consistent with the 2005-07 Approved Regional Investment Strategy or the 2005-07 Approved Rural Action Plan for enhancing regional coordination or local economic and community development activities or capacity; (f) to assist in the relocation of a business facility within Oregon from one labor market area to another, unless the job losses in the originating labor market area are less than or equal to 0.1 percent of the most recently available estimate for the civilian labor force therein, or unless the relocation entails an improvement in the quality and a significant increase in, the size of the business' total in-state employment, without being detrimental to any rural area, subject to determinations by the State of Oregon Economic and Community Development Department; (g) to provide grant or loan funds to private business except for an activity or project that is consistent in its own right with an activity specified in the 2005-07 Approved Regional Investment Strategy or 2005-07 Approved Rural Action Plan (apart from any general plan objective for financially inducing business development, recruitment or expansion); (h) to fund the acquisition of fixed assets by individual private businesses, unless the terms and conditions of the grants to these businesses are specified in the Regional Investment Strategy and identified within Exhibit A; (i) to fund tourism or industrial marketing activities, unless such uses of funds are described in the Regional Investment Strategy and are or will be consistent with existing statewide marketing campaigns. Section 2.03. Unexpended Funds. Any Grant moneys disbursed to the Recipient that are not used on the Project set out in Exhibit A and Exhibit C within thirty (30) days of disbursement of Grant moneys or which remain after the Project is completed or this Contract is terminated shall Central Oregon Community Investment Board Revised 5-4-06 Grant Award Contract Page 4 be immediately returned to the Council. Any interest earned by the Recipient on Grant moneys shall also be immediately returned to the Council, as directed by the Council. Section 2.04. Contract Modifications. All contract modifications must be approved in advance of commitment or expenditure of funds. All modification proposals must be submitted in writing to the Council on the Contract Modification Request Form provided by the Council at least 10 working days prior to a Central Oregon Community Investment Board meeting in order to be considered at that meeting. The Council shall inform the Recipient of the decision of the Central Oregon Community Investment Board by written notice. SECTION 3 RECIPIENT'S REPRESENTATIONS AND WARRANTIES Recipient represents and warrants to the Council that: Section 3.01. Existence and Power. Recipient is duly organized, validly existing, and in good standing under the laws of Oregon; has full power and authority to transact the business in which it is engaged, and full power, authority and legal right to make this Contract and to incur and perform its obligations hereunder. Section 3.02. Authority, No Contravention. The making and performance by Recipient of this Contract (a) has been duly authorized by all necessary action of the Recipient; (b) does 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; and (c) does 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 Recipient is a party or by which Recipient or any of its properties may be bound or affected. Section 3.03. Binding Obli ag tion. This Contract has been duly executed and delivered by Recipient and constitutes the legal, valid and binding obligation of Recipient, enforceable in accordance with its terms. Section 3.04. Approvals. No authorization, consent, license, approval of or notification to any governmental body or regulatory or supervisory authority is required for the execution, delivery or performance by Recipient of this Contract. SECTION 4 CONDITIONS PRECEDENT The obligation of the Council to pay grant moneys is subject each time to the conditions precedent that: Section 4.01. Availability of Matching Funds. Recipient shall demonstrate to the satisfaction of the Council that it has obtained and invested all non -Grant funds as set out and described in Exhibit A and Exhibit C. Central Oregon Community Investment Board Grant Award Contract Page 5 Revised 5-4-06 Section 4.02. No Default. No default as set out in Section 6.03 hereof shall have occurred and be continued on either the date the Draw Down Request Form is submitted or approved or the date of disbursement. Section 4.03. Execution of Documents. Council shall have received this Contract, appropriate financing statements and any other documents required to effect Council's interest, all properly executed and delivered on behalf of the Recipient. SECTION 5 COVENANTS OF THE RECIPIENT While any contract conditions remain unmet, Recipient agrees that, unless the Council shall otherwise consent in writing: Section 5.01. Match Required. Recipient shall obtain and use Project matching funds in accordance with the Project budget set out in Exhibit A. Recipient shall further ensure the investment of in-kind match in accordance with the Project budget set out in Exhibit A. Section 5.02. Compliance With Laws. Recipient will comply with the requirements of all applicable laws, rules, regulations and orders of any governmental authority, except to the extent an order of governmental authority is contested in good faith and by proper proceedings. Section 5.03. Insurance. Recipient has on the date of this Contract currently effective fire and casualty insurance policies and comprehensive general liability insurance in forms and coverages and with deductibles and exclusions as a reasonable, prudent business person would obtain. Section 5.04. Reports. Recipient shall provide reports to the Council on twice yearly on June 30 and December 31 until the project is completed. The content of these reports shall include information on progress toward completing project outcomes, tax identification numbers of employers creating jobs as a result of the project, and numbers of jobs created as a result of the project. Section 5.05. Books, Inspection. Recipient will keep proper books of account and records on all activities associated with the Project, including receipt and expenditure of all Grant moneys and all matching funds and in-kind services. Recipient will maintain these books of account and records in accordance with generally accepted accounting principles and shall retain the books of account and records at least three (3) years after the expiration of this Contract or the date of any dispute or controversy arising under this Contract is resolved, whichever date is later. Recipient will permit the State, the Secretary of State of the State of Oregon, the Council and/or their duly authorized representatives to inspect its properties, all work done, labor performed and materials furnished in connection with the Project, and to review and make photocopies, excerpts and transcripts of its books of account and records with respect to the receipt and disbursement of Grant moneys received from the Council as well as matching funds and in-kind services. Access to these books of account and records is not limited to the required retention period. The authorized representatives shall have access to records at any reasonable time for as long as the records are maintained. Central Oregon Community Investment Board Revised 5-4-06 Grant Award Contract Page 6 . v / A Section 5.06. Proiect Completion. Any Project activities listed in Exhibit C that are not completed by April 15, 2007 shall be ineligible for further funding under this Contract. While any contract conditions remain unmet, Recipient agrees that, unless the Council shall otherwise consent in writing: work on the Project shall be fully completed in accordance with this Contract including Exhibit A, Exhibit B, and Exhibit C. In the event that the total amount of the Grant set out in Section 1.01 hereof is not available, the Council and Recipient shall renegotiate any job creation, matching funds investment, project outcome, and performance measure requirements, or any other requirements as set out in Exhibit A, Exhibit B, or Exhibit C. Recipient shall have sixty (60) days from the date the Council notifies it that the total amount of the Grant is not available to renegotiate these requirements. In the event the parties cannot renegotiate these requirements it shall be a default under this Contract and the Council shall have the remedies set out in Section 6.04 hereof. However, if the non -Grant moneys and in-kind match that Recipient has committed to the Project, as set out in Exhibit A and Exhibit C, are not available or insufficient, the Recipient will nevertheless be required to complete the Project. Section 5.07. Sims and Notifications Recipient shall include the most appropriate of the following statements on all plans, reports, studies or bid advertisements relating to the Project: "The preparation of this report was funded at least in part by the Oregon State Lottery through the Central Oregon Community Investment Board for the purpose of promoting economic and community development." or, "The preparation of this document was funded at least in part by the Oregon State Lottery through the Central Oregon Community Investment Board for the purpose of promoting economic and community development." or, This Project is funded at least in part by the Oregon State Lottery through the Central Oregon Community Investment Board for the purpose of promoting economic and community development." The statement shall be prominently placed on the document, that is, on the title page of reports or documents, on the cover of blueprint sets, and as part of map legends. For Projects that involve construction, Recipient shall ensure that there is a sign displayed near any relevant construction site and readily visible to the public, specifying that the construction is being funded by the Oregon State Lottery for the purpose of promoting economic and community development through the Central Oregon Community Investment Board. The sign shall remain in place until construction is complete. Section 5.08. Access for Disabled Persons. If Recipient operates a commercial facility or public accommodations, as those terms are defined in the Americans with Disabilities Act of 1990, P.L. 101-336, Recipient shall comply with the Americans with Disabilities Act and ORS 447.210 to Central Oregon Community Investment Board Grant Award Contract Revised 5-4-06 Page 7 447.280. Any public facility, as defined in ORS 447.210, for which construction costs are in any part paid for in association with any Grant Activity shall be accessible to and made useable by handicapped persons in accordance with the Americans with Disabilities Act of 1990. Section 5.9. Land Use Compliance. Recipient shall ensure that any Grant Activity affecting the physical development of land complies with the applicable requirements of the State's land use laws, goals and administrative rules and with local comprehensive plans, public facility plans and land use regulations. Section 5.10. Special Conditions. Recipients shall comply with the requirements of the Conditions of Approval as set out in Exhibit B. SECTION 6 TERMINATION AND DEFAULT Section 6.01. Mutual Termination. This Contract may be terminated by mutual consent of the parties hereto. Section 6.02. Termination by the Council. The Council may terminate this Contract effective upon delivery of written notice to Recipient, or at such.later date as may be established by the Council, if insufficient moneys are available in the 2005-07 Regional Investment Fund or the 2005-07 Rural Investment Fund, if the State fails to receive sufficient appropriations or other expenditure authorization from the Oregon Legislative Assembly to allow the State, in the reasonable exercise of its administrative discretion, to continue making payments to the Council, or if there has been a change in Federal or State laws, rules, regulations or guidelines so that the Project funded by this Contract is no longer eligible for funding. The Council may terminate this Contract effective upon delivery of written notice to Recipient, or at such later date as may be established by the Council, if the Grant Award Contract between the Council and State has been amended or terminated so that Council is no longer the fiscal and administrative agent acting on behalf of the Central Oregon Community Investment Board. This Contract may be assigned by the Council to the State or to Crook County, Deschutes County or Jefferson County to accommodate a termination of the Council as the fiscal and administrative agent acting on behalf of the Central Oregon Community Investment Board. Section 6.03. Default. Recipient shall be in default under this Contract upon the occurrence of any of the following events: a) Recipient fails to perform or observe any of its covenants or agreements contained herein or in Exhibit A, Exhibit B, or Exhibit C; or b) Any representation made by the Recipient in the Grant Application, Draw Down Request Forms, or any other documents and reports relied upon by the Council to measure progress on the Project and performance by the Recipient, are untrue in any material respect; or c) Recipient (i) applies for or consents to the appointment of, or the taking of possession by, a receiver, custodian, trustee, or liquidator of itself or of all of its property, (ii) admits in Central Oregon Community Investment Board Revised 54-06 Grant Award Contract Page 8 writing its inability, or is generally unable, to pay its debts as they become due, (iii) makes a general assignment for the benefit of its creditors, (iv) is adjudicated as bankrupt or insolvent, (v) commences a voluntary case under the Federal Bankruptcy Code (as now or hereafter in effect), (vi) files a petition seeking to take advantage of any other law relating to bankruptcy, insolvency, reorganization, winding -up, or composition or adjustment of debts, (vii) fails to controvert in a timely and appropriate manner, or acquiesces in writing to, any petition filed against it in an involuntary case under the Bankruptcy Code; or (viii) takes and corporate action for the purpose of effecting any of the foregoing; or d) A proceeding or case is commenced, without the application or consent of Recipient, in any court of competent jurisdiction, seeking (i) the liquidation, dissolution or winding -up, or the composition or readjustment of debts, of Recipient, (ii) the appointment of a trustee, receiver, custodian, liquidator, or the like of Recipient or of all or any substantial part of its assets, or (iii) similar relief in respect to Recipient under any law relating to bankruptcy, insolvency, reorganization, winding -up, or composition or adjustment of debts, and such proceeding or case continues undismissed, or an order, judgment, or decree approving or ordering any of the foregoing is entered and continues unstayed and in effect for a period of sixty (60) consecutive days, or an order for relief against Recipient is entered in an involuntary case under the Federal Bankruptcy Code (as now or hereafter in effect). e) Recipient sells or leases any assets which it purchased with Grant proceeds before all Contract conditions are met. f) Recipient closes, sells, or leases its business or relocates its business outside of Crook, Deschutes, and Jefferson Counties before all Contract conditions are met. Notice of default shall specify with reasonable particularity the deficiencies in Recipient's performance and shall provide Recipient thirty (30) days, or such longer period as the Council may authorize in its sole discretion, to correct such deficiencies. Section 6.04. Remedies Upon Default. If the Recipient's default is not cured within thirty (30) days of written notice thereof or such longer period as authorized by the Council, the Council may pursue any remedies available under this Contract, at law or in equity. Such remedies may include, but are not limited to, termination of this Contract, prohibition against further grant draw downs, return of all or a portion of the Grant moneys, payment of interest earned on the Grant moneys, and declaration of ineligibility for the receipt of future grants from the Regional Investment Fund and the Rural Investment Fund. If, as a result of Recipient's default, the Council demands return of all or a portion of the Grant moneys, Recipient shall pay the amount upon the Council's demand. SECTION 7 MISCELLANEOUS Section 7.01. No Implied Waiver Cumulative Remedies. No failure on the part of the Council to exercise, and no delay in exercising any right, power, or privilege under this Contract shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or Central Oregon Community Investment Board Revised 5 4-06 Grant Award Contract Page 9 privilege under this Contract preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. The remedies provided herein are cumulative and not exclusive of any remedies provided by law. Section 7.02. Governing -Law. This Contract shall be governed by and construed in accordance with the law of Oregon without regard to principles of conflicts of law. Section 7.03. Notices. All notices, requests, demands, and other communications to or upon the parties hereto shall be given in writing by personal delivery, facsimile, or mailing the same, postage prepaid to Recipient or the Council, at the addresses or numbers set forth below, or to such other addresses or numbers as either party may hereafter indicate in writing pursuant to this section. Any notice, request, demand or other communication so addressed and mailed shall be deemed to be given five (5) days after mailing. Any notice, request, demand or other communication delivered by facsimile shall be deemed to be given when receipt of the transmission is generated by the transmitting machine. Any notices, requests, demands, and other communication by personal delivery shall be deemed to be given when actually delivered. If to the Council: Central Oregon Intergovernmental Council 2363 SW Glacier Pl. Redmond, Oregon 97756 Attn: Andrew Spreadborough, Program Administrator FAX: 541-548-9549 e-mail: aspreadborough@coic.org If to the Recipient: Deschutes County 1300 NW Wall, Suite #200 Bend, OR 97701 Attn: Susan Ross, Property and Facilities Director FAX: (541) 385-3202 e-mail: Susan_Ross@co.deschutes.or.us Section 7.04. Amendments. This Contract, including time frames for the completion of the Project but excluding interim time frames, may not be waived, altered, modified, supplemented, or amended in any manner except by written instrument authorized by the Central Oregon Community Investment Board and signed by the parties. This Contract may be modified by the Council, acting as agent for the Central Oregon Community Investment Board, to accommodate a reduction in the 2005-07 Regional Investment Fund or the 2005-07 Rural Investment Fund by the State of Oregon Economic and Community Development Department. Any such written modifications will be made a part of this Contract and subject to all other provisions of this Contract. Section 7.05. Severability. If any provision of this Contract shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. If a provision of this Contract conflicts with ORS 285B.230 to 285B.269, or with any administrative rule directly implementing those statutes, such laws or rules as amended shall govern, but only inasmuch as any rule as amended after the effective date of this Contract specifies or clarifies issues materially established by this Contract. Central Oregon Community Investment Board Revised 5-4-06 Grant Award Contract Page 10 Section 7.06. Successors and Assigns. This Contract shall be binding upon and inure to the benefit of the Council, Recipient, and their respective successors and assigns except that Recipient may not assign or transfer its rights or obligations hereunder or any interest herein without the prior consent in writing of the Council. Section 7.07. Attorney's Fees. The prevailing party in any dispute arising from this Contract shall be entitled to recover from the other its reasonable attorney's fees at trial, including arbitration, and on appeal. Section 7.08. Indemnity. To the extent permitted by Article XI, Section 10 of the Oregon Constitution, any applicable charter, applicable statutes, and by the Oregon Tort Claims Act, Recipient shall defend, indemnify and hold harmless the Council and its officers, employees and agents from and against all claims, suits, actions, losses, damages, liabilities, costs and expenses of any nature whatsoever resulting from or arising out of, or relating to the activities of Recipient or its officers, employees, contractors, or agents under this Contract. Section 7.09. Entire Agreement. This Contract constitutes the entire agreement between the parties. There are no understandings, agreements or representations, oral or written, not specified herein regarding this Contract. Any waiver or consent, if made, shall be effective only in the specific instance and for the specific purpose given. Section 7.10. Time is of the Essence. Recipient agrees that time is of the essence under this Contract. Section 7.11. Survival. Expiration of this Contract shall not extinguish or prejudice the Council's right to enforce the Contract in accordance with its terms with respect to any default (as described in Section 6.03) that occurs and has not been cured prior to expiration of the Contract. Without limiting the generality of the immediately preceding sentence, all provisions of this Contract set forth in the following sections shall survive termination or expiration of this Contract: Section 2.03, Unexpended Funds; Section 5.05, Books, Inspection; and SECTION 7, MISCELLANEOUS. Section 7.12. Execution Deadline. This Contract shall be null and void if this Contract is not executed and returned to the Council by the Recipient by June 30, 2006. Section 7.13. Inconsistencies. In the event of inconsistencies or of any conflict between this Contract (excluding the Exhibits attached hereto) and the terms of any Exhibits attached hereto, the terms of this Contract (excluding the Exhibits attached hereto) shall govern and control. In the event of inconsistencies or of any conflict among the Exhibits attached to this Contract, the terms of Exhibit A and Exhibit B shall govern and control. Central Oregon Community investment Board Grant Award Contract Page 11 Revised 54-06 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be duly executed as of the dates set forth below their respective signatures. CENTRAL OREGON INTERGOVERNMENTAL COUNCIL Bv: Tom Moore, Executive Director Date: Exhibit A - Summary of Award Exhibit B - Conditions of Approval Exhibit C - Approved Project DESCHUTES COUNTY By: Dennis Board of Date: Chair .Ay Commissioners DATED this Day of 2006. BOARD OF CO TY COMMISSIONER OF DESCHUTIIS JNTY, OREGON D IS R. LUKE -Chair BEV aARNO, Commis ' ner C IAEL M. D LY, mmissioner TEST: Recording Secretary Central Oregon Community Investment Board Revised 54-06 Grant Award Contract Page 12 CENTRAL OREGON COMMUNITY INVESTMENT BOARD GRANT AWARD CONTRACT EXHIBIT A Summary of Award DESCHUTES COUNTY CENTRAL OREGON REGIONAL STORMWATER MANAGEMENT MANUAL PROJECT Approved COCIB Other Activities Date Funds State Federal Local Private Total Cash Consultant for 5/06— $20,000 $66,500 $86,500 Manual 1/07 Development TOTALS $20,000 $66,500 $86,500 Central Oregon Community Investment Board Revised 5-4-06 Grant Award Contract Page 13 CENTRAL OREGON COMMUNITY INVESTMENT BOARD GRANT AWARD CONTRACT EXHIBIT B Conditions of Approval DESCHUTES COUNTY CENTRAL OREGON REGIONAL STORMWATER MANAGEMENT MANUAL PROJECT Grant moneys shall be released only in accordance with the schedule in Exhibit A, Summary of Award. 2. Recipient shall ensure that a consultant is contracted to develop the regional Stormwater Management Manual. The Manual shall provide the detailed design and construction guidance for the benefit of Central Oregon developers, engineers, and builders. 3. If Recipient fails to achieve the project outcomes identified in Item #2 by April 15, 2007, Recipient may be required to repay the Grant, including any interest earned, in full. 4. Recipient shall notify the Council when the project activities are completed. Within thirty (30) days of receipt of such notice, the Council will send a Project Completion Report Form to the Project Contact. Recipient shall return the Project Completion Report within thirty (30) days of the postmark date of the Project Completion Report Form. 5. Recipient shall provide the Council with semi-annual reports in accordance with Section 5.04 of the Contract, including progress toward completing Project outcomes as outlined in Item #2, jobs created, and any challenges or barriers to completion of the Project. Central Oregon Community Investment Board Revised 5-4-06 Grant Award Contract Page 14 t � s CENTRAL OREGON COMMUNITY INVESTMENT BOARD GRANT AWARD CONTRACT EXHIBIT C Approved Proi ect DESCHUTES COUNTY CENTRAL OREGON REGIONAL STORMWATER MANAGEMENT MANUAL PROJECT Central Oregon Community Investment Board Revised 5-4 06 Grant Award Contract Page 15 t,lt'' P^ Booz o � adw CENTRAL OREGON COMMUNITY INVESTMENT BOARD Grant Application 0 3 % I 13d Part A General Information. Please list the person who will be able to answer questions about the project as the Contact. The entity that intends to enter into a grant award contract if grant funds are awarded should be listed under Organization. DO NOT EXCEED THE SPACE PROVIDED Project Title Central Oregon Regional Stormwater Management Manual Contact Phil Chang Position Program Coordinator Organization Central Oregon Intergovernmental Council (COIC) Address 2363 SW Glacier Place City Redmond Zip Code OR Phone No. (541) 548-9534 Fax No. 548-9549 Email pchang@coic.org City, County or Tribal Government that has endorsed this project (if not the applicant) 5 Cities and 2 Counties -see app . Al. Time Frame (Estimated Start and End Dates. The earliest possible start date is April 6, 2006. The end date should reflect the point at which all project activities, including those supported by matching funds, will be completed. All projects must be completed by June 30, 2007.) Start Date: April 15, 2006 End Date: January 30, 2007 A2. Project Description (Briefly describe your project. Use only the 1/2 page below) The Cities of Bend, Madras, Prineville, Redmond, and Sisters and Crook and Deschutes County need stormwater management guidance for the design of new development and redevelopment in Central Oregon settings. Such guidance will help local` governments to (1) comply with federal and state water quality regulations (2) facilitate construction of new housing to meet the needs of a growing population (3) reduce detrimental delays in construction projects that impact regional employment (4) protect local drinking water sources from contamination and (5) provide effective flood management. These -cities and counties plan to jointly develop a regional stormwater management manual which will provide the detailed design and construction guidance that Central Oregon developers, engineers, and builders need. Partnering together to develop this manual will allow local governments to save funds and human resources, compete more effectively for federal and state grants, and negotiate with the Oregon D.E.Q. and U.S. E.P.A. with a collective voice. Regionally consistent guidance will also reduce confusion for private engineers, developers and builders. The cities and counties are currently assembling funds to hire a consultant to develop the regional manual, adapting the recently released Spokane Regional Stormwater Management Manual (http:www.spokanecounty.org/engineer/regionalswmanual/ rswm.html) and also drawing from the recently revised ODOT Hydraulics Manual. These 5 cities and 2 counties request $20,000 from the Central Oregon Community Investment Board to develop the regional manual. These funds will be applied to the $86,500 cost of the consultant for the project and will be matched by local government funds allocated for the project. "Uv.'ID Application Last Revised 1/06, Page 1 of 7 'i: i.a r 3 N 4 cd a a, bU o a� >1 b o � to b cl �,c .c a N U2 w� Cd � b � H •� N Cd a. a� � U WAW�� H z O a V3 Ax � W C) O o w a Cd O rn w O 94 "- 04 CD 0 Q � V'1 F oho O � ° 3 � o .. a a a" 0 U c7 �' U 6q 60 0 w° U ti v OU 0--4 oa 6q U 0 a U y A141 O NT `. � ^� cid V] ? N q O Cd 'cr cn ti O Q cl U N M A ^+ N M W - N M G4 - N M U r+ N M d H CENTRAL OREGON COMMUNITY INVESTMENT BOARD Grant Application Part B2 Project Time Schedule. Complete the following table outlining the expected dates of expenditure of the grant, cash match, and in-kind match. In-kind match includes volunteer services and contributed materials. All other match should be considered cash. In the "Activity" column, refer to the activity listed in Column 1 of the Budget Spreadsheet on the previous page. Please make the entries chronologically. Check to be sure that the total project cost on the project time schedule equals the total project cost on the budget spreadsheet Example: Month/Year COCIB Grant Cash Match In -Kind Match Activity Source 10/06 $4,000 $1,500 Planning Local 11/06 $25,000 Construction COCIB Funds 11/06 $200,000 Construction Private 2/07 1 $50,000 Construction Federal 3/07 $5,000 $2,000 Landscaping Local tXcival: Month/Year July 2004 to June 2005 onlyof COCIB Grant Cash Match In -Kind Match Activity Source Please list specific source match . May 2006 $10,000 Consultant - Planning Local - Cities/Counties June 2006 $10,000 Consultant - Assessment Local - Cities/Counties July 2006 $5,000 Consultant - Manual Local - Cities/Counties July 2006 $5,000 Consultant - Manual Aug. 2006 $5,000 Consultant - Manual Local - Cities/Counties Aug. 2006 $5,000 Consultant - Manual Sept. 2006 $5,000 Consultant - Manual Local - Cities/Counties Sept. 2006 $5,000 Consultant - Manual Oct. 2006 $5,000 Consultant - Manual Local - Cities/Counties Oct. 2006 $5,000 Consultant - Manual Nov. 2006 $10,000 Consultant - Manual Local - Cities/Counties Dec. 2006 $10,000 Consultant - Finalize Local - Cities/Counties Jan. 2007 $6,500 Consultant - Finalize Local - Cities/Counties Totals $20,000 $66,500 Grand Total A. Cash Match $66,500 B. COCIB Grant $20,000 C. Leverage (A+B) 3.325 COCIB Application Last Revised 1/06, Page 3 of 7 Note: At least 66% of the cash cost of the project must be provided as cash match. Therefore, leverage must be greater than or equal to 2. CENTRAL OREGON COMMUNITY INVESTMENT BOARD Grant Application Part C Narrative. Please attach additional pages to respond to C1-C6. YOUR RESPONSES FOR PART C1-C6 MAY NOT EXCEED 2 PAGES TOTAL, NOT INCLUDING ATTACHMENTS FOR LETTERS OF COMMITMENT. For C7, please place a check in all boxes to the right of the Community Investment Strategy priorities that your project addresses. Cl. Applicant Information (Summarize the background of the primary organizations and individuals who will be implementing this project and address how their skills and experience will contribute to its success.) C2• Need (Explain the problem or need that this project will address. Why is this project important to the community and the region?) C3. Sustainability (Describe how the activities involved in this project and the outcomes resulting from this project will be sustained once Community Investment grant funding has ended.) C4. Barriers to Conventional Financing (Explain why Community Investment grant funding is necessary for the completion of this project and why other funding sources such as bank loans, local government funds or user fees cannot meet the project's complete financial needs.) C5. Readiness to Proceed (Outline the steps taken to ensure this project is ready to proceed such as: planning, securing matching funds, conducting environmental assessments, securing permits, etc. Then list any steps that must yet be taken before this project can begin. Submit letters of commitment from all matching funds sources.) C6. Job Creation and other Outcomes (Indicate the number of jobs anticipated to be created or retained as a result of this project. Briefly describe the types of jobs that will be created or retained, the wage levels of these jobs and the dates by which these jobs will be created or retained. If the jobs will be retained, explain why these jobs would be terminated in the absence of Community Investment grant funding. Describe other outcomes that will benefit the community and/or region.) COCIB Application Last Revised 1/06, Page 4 of 7 Central Oregon Regional Stormwater Management Manual Application to the Central Oregon Community Investment Board (COCIB) Cl. Applicant Information The Central Oregon Intergovernmental Council (COIC) is acting as the central applicant for this request on behalf of the Cities of Bend, Madras, Prineville, Redmond, and Sisters and Crook and Deschutes Counties. COIC is a state -sanctioned Council of Governments, providing the opportunity for local government and private industry to come together to determine the direction of community, economic, and workforce development in Central Oregon. A 15 -member Board governs COIC, with representatives from each of the 3 counties and 7 cities in the region and 5 board members representing the interests of business, tourism, agriculture, wood products, and the unemployed/underemployed. The COIC Community and Economic Development (CED) Department supports Central Oregon communities in addressing issues on a regional basis, providing assistance to those who wish to advocate, plan or implement multi jurisdictional projects. The Department serves as a resource for technical expertise and project management and is particularly well situated to assist communities in sharing capacity and creating economies of scale, as they will in this stormwater project. COIC currently plays a similar role in coordinating regional initiatives focused on transportation, forest management, telecommunications, and renewable energy. Phil Chang, the CED staff member working on the project, has five years of experience in coordinating multi jurisdictional projects and stormwater management. C2. Need The Cities of Bend, Madras, Prineville, Redmond, and Sisters and Crook and Deschutes County need stormwater management guidance that is appropriate for Central Oregon to guide engineering in new development and redevelopment in order to (1) comply with federal and state water quality regulations (2) facilitate construction of new housing to meet the needs of a growing population (3) reduce detrimental delays in construction projects that impact regional employment (4) protect local drinking water sources from contamination and (5) provide effective flood management. Historic stormwater management practices emphasizing underground injection are no longer acceptable to the Oregon Department of Environmental Quality (DEQ) because these practices pose risks to the region's drinking water supplies. In recent years, developers and builders have faced costly construction delays and great confusion because they lack clear guidance to help them navigate the new regulatory context. In 2005 several Central Oregon housing construction projects faced delays while waiting for approval from DEQ for underground injection permits. For example, during a 6 month period over 15 projects each faced delays of 45 to 90 days in the City of Redmond alone. Because these developers lacked clear technical guidance for stormwater management their project construction schedules were pushed back, workers suddenly had huge gaps to fill in their work calendars, physical capital was inefficiently used, and financing agreements were sometimes put at risk. In addition, Redmond staff estimate that they spent over 15 person hours per week trying to assist these developers in determining what kind of stormwater facilities they needed to incorporate into their projects to proceed. The participating cities and counties hope to provide consistent, effective stormwater management in urbanized areas throughout Central Oregon through the regional stormwater manual, thus reducing project delays, restoring certainty to workers, protecting drinking water quality, meeting regulatory standards, and reducing flooding issues. C3. Sustainability The development of the Central Oregon Regional Stormwater Management Manual can be viewed as a one-time, long-term investment for the region. Once Best Management Practices (BMPs) for stormwater management in Central Oregon are selected, the development community should be able to use those practices for many years, possibly decades, without worrying that they are out of regulatory compliance or that their projects will negatively impact drinking water or flood management. The cities and counties will still need to make improvements to stormwater infrastructure that was built using Central Oregon' Regional Stormwater Management Manual Application to the Central Oregon Community Investment Board (COCIB) historical practices and to maintain new infrastructure as it is turned over to local governments. But they will know that future development will be built using DEQ approved practices. C4. Barriers to Conventional Funding Central Oregon local governments are requesting financial assistance from the Central Oregon Community Investment Board for this project because their stormwater programs are relatively new and have not yet developed long-term funding mechanisms. Water supply and waste water operations are funded by user fees, but such funding mechanisms have not been developed for stormwater management yet. Central Oregon cities and counties are having to make a rapid leap from having no stormwater management programs to having significant new programs because they are reaching size thresholds where they become NPDES Stormwater Phase II cities under the federal Clean Water Act and because US EPA and OR DEQ have begun to aggressively discourage underground injection practices following recent amendments to the Safe Drinking Water Act. In the future, Central Oregon cities and counties may be able to rely on funding mechanisms such as stormwater utilities to fund stormwater operations but they have critical stormwater program needs now. While the cities and counties are prepared to bear the full costs of the project, a grant from COCIB will help to save the cities and counties scarce funds for other public works and community and economic development needs. C5. Readiness to Proceed Preparations for the project have been under way for over 6 months and the cities and counties are ready to proceed. City and county staff worked with COIC to develop a scope of work and request for proposals for the manual project and are about to select a consultant from the pool of proposals that were submitted. The participating cities and counties have budgeted the full funds necessary to hire the consultant and complete the project but hope that COCIB will be able to provide a matching grant to reduce their costs. COIC has developed an intergovernmental agreement to organize this multi - jurisdictional effort and to commit funds from the participating jurisdictions. The City of Spokane, Spokane County, and ODOT have granted permission to use and adapt their manual materials. C6. Job Creation and Other Outcomes The story from one of over 50 development projects that were being built in Central Oregon last year can illustrate the impacts that uncertainty about stormwater regulations can have on employment. Phase 3 of the Diamond Bar Ranch development was scheduled for construction in Redmond in 2005. PKS Development Lancaster, LLC had contracted Robinson and Sons Contractors to perform the initial work on the 50 -lot site. Just prior to Robinson and Sons beginning work on the site, Oregon DEQ told PKS Development Lancaster that it would not register the underground injection facilities in the design plans for the project and that the PKS would need to change the project to use. non -underground injection stormwater management facilities. Ultimately, the developer was able to revise the project to protect drinking water supplies, but because the engineers did not fully understand the regulatory requirements during the design phase the project experienced a 90 -day delay at a key stage. As a result, the Robinson and Sons crew slated for the project, ranging from 40 to 95 workers for different portions of the project, suddenly had a 3 -month void in their work calendar. It is difficult to translate this delay into a number of jobs created or retained, but the impact of suddenly losing 3 months of work is clearly significant. Robinson and Sons was able to find some short-term projects to fill parts of the 3 month gap, but was not able to fill its work calendar as optimally as it could have and this certainly affected employment decisions in 2005. In this anecdote, the types of workers affected included truck drivers, equipment operators, mechanics, pipe layers, electrical workers, concrete and asphalt workers, gravel crews and others (hourly wages range from $13 to $18). Because the effects of one delay in a project can cascade to affect later stages, the paving at Diamond Bar Ranch Phase 3 is still not completed yet. Again, this was just one of many projects affected in 2005. C7. Regional Priorities (Following is a list of the economic & physical, human, and natural resource priorities established by the Community Investment Board in its Srategy. The priorities are categorized by major issue area. Your project must address at least one of these priorities to be eligible for grant funding. Please place a check in all boxes to the right of the Community Investment Strategy priorities listed that your project addresses. You may check more than one box if applicable.) Economic & Physical Resource Priorities Business Development. To assist Central Oregon communities to achieve business development throughout the region. Assist start-up businesses & existing businesses in [ Central Oregon through the expansion of current business assistance programs & the support of new & innovative business assistance initiatives such as business incubators, regional marketing efforts, & the development of a more effective business ca ital s stem [ Assist communities to attract & recruit businesses that create primary jobs in the Central Oregon region through the support of cooperative marketing & public-private collaboration to enhance economic development oortunities. Support the development of industrial parks & the protection of prime industrial land in the region through regional strategic planning, the development of industrial park master the funding plans, of infrastructure in public & private industrial parks, & the pursuit of the transfer of state & federal land to local use & local control. Support public & private investments that lead to downtown capital enhancements such as enhanced pedestrian facilities, additional landscaping, arkin im rovements, & storefront rehabilitation. Assist communities to attract tourists by supporting tourism events and services, particularly those which bring in tourists during the industry's shoulder season. Workforce Developrrient To make increased employment opportunities and incomes available to people, living, in Centrdl'Oregon, while business and industry continues to C prosper, and grow; and to increase collaboration anion partners private) resultin in a; res orisive,. orward thinkin s stern that is able tasu orf and ada t to the needs o a chinin ota - econolm�nd . Support efforts to increase responsiveness to employers' and employees' training needs. Support efforts to reconnect welfare recipients and dislocated workers to the workforce. E Support efforts to develop services to address the needs of all interested members of the workforce. C Support efforts which promote collaboration between public and private economic development entities to develop a workforce suited to attractingnew businesses which offer familywage 'obs. C Support efforts to expand flexible, non -degree training programs. Assist workers in obtaining transferable skills to be employed in quality jobs. C Support efforts to provide the skills necessary to obtain and maintain employment. C Support efforts to increase job retention and income of central Oregon workers. C Support efforts to reduce dependency on public assistance and increase self-sufficiency. Support education reform which reflects the goals and objectives of the Local Unified Workforce Plan. Support efforts to create better connections between school and work. Support efforts to decrease the overall high school dropout rate. Support efforts -to prepare youth to transition from the classroom to careers. Support efforts to increase academic achievement skills to support lifelong learning. El Support efforts to facilitate availability of training and education for the current workforce. Assist business to be competitive by supporting a flexible skilled workforce. 0' Support efforts to provide personalized service to employers based upon knowledge of the job setting. El Encourage and give priority to economic development activities for those employers that provide family wage jobs. Infrastructure. To assist Central Oon com 8 re munities rovide the water ❑ , P _ sewer, street &storm drainage infrastructure needed to accomnodate�'roivth& Yovideahealth"environment orexistin Central Ore"on`'iesidents&businesses. ' Assist in the identification of infrastructure deficiencies & capacity needs & the development of financing & implementation strategies for ! ' infrastructure construction on both a community & a regional level. ZI Assist in the construction of new infrastructure facilities in high-density areas & the extension of infrastructure to areas within urban growth boundaries, particularly providing affordable sewer services to those areas on failing sewer or septic systems which have a high percentage of to moderate income households. 1:1low Support the development of additional water resources through the acquisition of water rights & encourage the efficient use of existing water resources through education & conservation efforts. El awareness of & assist communities to plan for new Federal storm drain regulations through the support of educational efforts, the invento of existingsites, & the develo ment of strategies to comply with be or exempted from the new re ulations. Work with state & federal funding agencies to streamline the process for receiving loan & grant funding for infrastructure improvements & to consider alternative forms of financing such as State income tax revenue sharing. f l COCIB Application Last Revised 5/04, Page 5 of 7 Transportation. To seek improvements to regional highways, local streets, bike paths, and airports; to develop additional transportation options to ensure a mobile workforce; and to develop solutions to road maintenance equipment acquisition challenges for areas with demonstrated need. [ Seek improvements to regional highways and alternate routes by encouraging the Oregon Department of Transportation to seek advance acquisition of right-of-ways, working with the Department of Land Conservation and Development to designate highway bypasses outside urban boundaries, and pursuing the completion of a regional transportation plan 1:growth Seek improvements to local streets and bike paths, particularly those which enhance the connectivity of the entire street system and reduce traffic on con ested hi hwa s and arterials. [ Support efforts to develop pilot projects for inter and intra city mass transit systems, identify better ways to utilize existing systems, involve em to ers in seekin transportation solutions, and encourage telecommuting, flex C -time, and non-polluting modes of transportation Support the development of airport infrastructure and facilities at municipal and regional airports. Assist Central Oregon communities with demonstrated need to secure road maintenance equipment by seeking state and federal surplus equipment grants and by encouraging collaboration and equipment sharing between communities. Telecommunications To accomplish prosperous communities C through unified telecommunications by securing affordable advanced telecommunications services: for every. Central Oregonian; & providing the training. & support necessary for Central Oregonians to ; effectively use telecommunications: -E, Support efforts to increase the quality of voice, data, and video telecommunications infrastructure, including facilitation of regional access to a second provider of broadband services, to provide: improved services for Internet Service Providers and other telecommunications providers by providing new sources of bandwidth to accommodate increased customer demand, improved access to high-speed data circuits for government, health care, education, non -profits, and the business El sector as they integrate the Internet into routine business operations, increased competition leading to lower prices and increased advanced services and affordable broadband services available to all Central Oregonians Support efforts to expand access to lifelong education & training opportunities so that Central Oregon's citizens & workforce can compete in the emerging information society. Support efforts to increase the quality of local healthcare available in all areas of Central Oregon through telecommunications &telemedicine. Support efforts to enhance governmeEl nt efficiency & expand citizen access to government services & information through telecommunications. Support efforts to enhance the private sector's ability to compete in a global economy through telecommunications. 0i Support efforts to enhance community -building & civic life through telecommunications. °mereencv Services. To assist rural, areas in providing emergency services & to promote regional cooperation in meeting on !mer enc service: needs. [ Assist in the construction of rural community service centers which serve multiple functions (e.g. a fire station that also seryes as a community center & an emergency shelter). Encourage emergency service providers to cooperate regionally to achieve increased service levels or reduced costs. Expand & stabilize funding for county rural public health services such as mobile health clinics. 'ubl d & Nnn-Profit Facilities &Parks To Metdevelopment of park & recreation facilities ,& non profit facilities, which rovidepublic health & safety services, articularl in rural areas. Assist in the development or improvement of park & recreation facilities & agencies. E: Assist public and non-profit organizations to construct and improve facilities which serve a compelling public interest and cannot be completed within the budgeted resources of the organization. Seek stable sources of funding to provide technical assistance to smaller communities to secure grant funding for facilities. lousin 2. To ensure that Central Oregonians have access to housing which meets their needs and contribute 'to a healthy;: ommuni .- [ Support efforts to develop a regional affordable housing plan and to maintain statistical information to assess housing needs. Support efforts to increase, maintain, and preserve the region's stock of decent, safe and sanitary affordable housing through new development, rehabilitation, and preservation of current affordability. Support efforts to increase the range of housing options available to meet the needs of Central Oregonians, including special populations such as the elderly and low- and moderate -income individuals and families. Support efforts to develop funding and planning tools and techniques to increase the availability of affordable housing and preserve land affordability. r, Support the creation of healthy mixed income neighborhoods and the revitalization of targeted neighborhoods. Human Resource Priorities Social Services. To"provide efficient, effective social services to constituents in a non -stigmatizing, comprehensive way to build healthy communities.` [. Support efforts to secure stable funding and community support to provide resources for social services. [ Support efforts to provide comprehensive, coordinated, and consistent information about the availability of and access to social service programs targeted to different populations. To provide safe and supervised shelter for homeless people and to prevent homelessness by increasing the availability of rental assistance to _very -low income households and by developing homeless intervention programs. [ To provide housing and a continuum of support services for people who are coming out of emergency shelters or who are ready to transition to self-sufficiency. E COCIB Application Last Revised 5/04, Page 6 of 7 F To develop housing and establish links to support services for populations with special needs i.e., youth, chemically dependent, mentally ill, etc. To develop a regional plan for senior services including a comprehensive needs assessment. 'over To alleviate poverty in Central Ore on by addressing its root causes To find effective means to break the cycle of poverty where there is an established family history of poverty. To provide effective, sustained pathways out of poverty for those living in chronic poverty because they lack the economic or social capacity to help themselves - people in poverty due to disability or addiction and the elderly. To provide economic opportunity for those who are currently unable to secure employment that provides a livable wage through creation of living wage jobs and to provide affordable housing in the proximity of available jobs and/or provide transportation options that mitigate the economic cost (vs. social cost) of current commuting patterns in the region. Need to increase scope of and accessibility of educational and training opportunities in order to attract new industry to the region and prepare people for 'obs that provide adequate economic opportunity to sustain themselves and provide for their families. To reduce or eliminate racial/cultural isolation and discrimination that are barriers to economic opportunity for many. To build educational programs and support systems within our communities that strengthen weak family structures. To identify ways to strengthen weak traditions of civic engagement and build greater social capital especially in communities, neighborhoods and o ulation segments with high rates of poverty. To increase community/regional awareness of (and increase interest in) poverty. [ 'hildren & Youth., To have strong, nurturingfiamilies and caring communities that`result,in healthy, thriving children and ouch. ;, To support strong, nurturing families by ensuring that their basic [ [ needs of food, shelter, clothing, and employment are met; by providing effective and affordable alcohol, tobacco, and drug treatment and recovery support services; by preventing family violence; and by ensuring access to the preventive and primary health, mental health, dental and emergency services they need [ To support strong nurturing families by meeting the needs of children and families more efficiently and effectively through collaborative service _integration and the provision of services sensitive to the diversity of the [ population. To foster caring communities by increasing volunteer opportunities to build positive personal relationships for children, youth and families; by ensuring that agencies and programs make maximum and effective use of volunteers as integral parts of their services; and by assisting community members in developing their potentials and capacities from early childhood through lifelong learning [ To promote healthy, thriving children by providing quality health and child development services; by providing parent education and family skills training; by ensuring the affordability, quality, stability and availability of child care, and by promoting quality childhood education _programs. To promote healthy, thriving youth by ensuring that they all have opportunities to be academical) successful to their full potential; b y p y providing a contextual learning environment that fosters independent living and work skills; and by developing a juvenile community justice system where all youth are valued, where community members take responsibility for creating inclusive and effective crime prevention efforts, and where offenders are held accountable to victims, communities and themselves. ibstance Abuse& Crime. To expand substance abuse &,crime programs with an emphasis on prevention effective treatment & Ommunity .ustice.. i ` Support efforts to expand drug & alcohol abuse prevention programs, outpatient treatment services, & inpatient/residential services. Support efforts. to increase jail space. Support efforts to expand services for adults needing protective services & for family violence intervention & treatment. C E Support efforts to pursue community justice through offender accountability, support for victims, & creating community conditions crime reduction. conducive to r - .%-uuurai rissers tans nistorv` etc' 1. -" To support efforts to develop a.regional plan for the preservation, expansion, &utilization of Central Oregon'scultural assets & to implement projects -with unique community value or regional significance. Community Involvement/Leadership. To support community involvement & leadership- activities which build. commun collaboration & hicreasethe capacity of the community to take responsibili or &'address its most pressing" issues Health To increase access, to, medical care in rural areas & s moderate-inupport efforts which provide affordable health services to low- & come populations' Natural Resource Priorities Water Quality ,'& Quantity. To support"efforts to develop &'implement market-based solutions to improve instream flows &water quality. Support efforts to reduce instream flow depletion through economically efficient methods such as water conservation, leasing & transfers. Support cost-effective efforts to improve water quality such as controlling sources of pollution & developing a system of tradable discharge permits.1177 Support efforts to further develop a regional plan for the efficient r ttali . To support efforts to develop a regional plan fo� iblic Lands Management. To support a orfs to develop a r 2diversitv." To support efforts to develop a rezional elan fa COCIB Application Last Revised 5/04, Page 7 of 7 nanagement of Central Oregon water resources. the effective maintenance of air quality in Central Oregon.. gional plan for the optimal use of public. lands in. Central Ore, "addressing sensitive, threatened & endangered species in the yup,. � H3 �<, � .m :'•e VI .. Vl -M YLNENR -HYA mtrastrator 341-475-2344, e-mail nynorjzanLa. City ofMadras, 71 SE. D Street, Madras, OR 97741 March 17, 2006 Central Oregon Community Investment Board c/o Central Oregon Intergovernmental Council 2363 SW Glacier Place Redmond, OR 97756 To Whom It May Concern: I am writing on behalf of the City of Madras to request support from the Central Oregon Community Investment Board for the Central Oregon Regional Stormwater Management Manual project. The manual will help local governments to: (1) comply with federal and state water quality regulations; (2) facilitate construction of new housing to meet the needs of a rapidly growing population; (3) reduce detrimental delays in construction projects that impact employment; (4) protect local drinking water sources from contamination, and; (5) provide effective flood management. The City of Madras is one of seven jurisdictions participating in a partnership to improve stormwater management in the region. The group has set development of the regional manual as a high priority. The City recently complete a Storm Water master plan, and it became obvious during the public hearing process to adopt this Plan that the development sector needs Central Oregon jurisdictions to jointly development the very product that the COCIB grant would help to fund. The Cities of Bend, Madras, Prineville, Redmond, and Sisters and Crook and Deschutes counties are ready to hire a consulting firm to develop the Central Oregon regional stormwater management manual. The cost for this consultant will be $86,500. The City of Madras is planning to contribute $8,363 to this project, of which $6,682 will be applied to the cost of the consultant. A $20,000 grant from COCIB will reduce Madras's share of the consultant cost to $5,137. Given Madras' very limited funding base, this help from COCIB is very important in making this project affordable for Madras and to the overall success of this initiative. Furthermore, with the rapid growth in Central Oregon, it is equally important that this initiative be quickly undertaken in order to provide for orderly growth. Thank you for your consideration of this request, Uty Administrator "A goal without commitment and determination is a lost dream. " MM. 23, 2006 8:0SAM CITY OF PRINEVILLE N0. 3589 P. 2 Central Oregon Community Investment Board c/o Central Oregon Intergovernmental Council 2363 SW Glacier Place Redmond, OR 97756 March 15, 2006 To Whom It May Concern; I am writing on behalf of the City of Prineville to request support from the Central Oregon Community Investment Board for the Central Oregon Regional Stormwater Management Manual project. The manual Will help local governments to (1) comply with federal and state water quality regulations (2) facilitate construction of new housing to meet the needs of a rapidly growing population (3) reduce detrimental delays in construction projects that impact employment (4) protect local drinking water sources from contamination and (5) provide effective flood management ne City of Prineville is one of seven jurisdictions participating in a partnership to improve stormwater management in the region and the group has set development of the regional manual as its highest priority. The City of Prineville is a small community that is rapidly growing. Because we have limited staff resources, projects such as this are important to the continued success of our community. Assistance with the development of the regional stormwater management manual now will mean that we will be able to apply these practices in over 4,000 new homes that will be built in our community in the next 15-20 years_ Your assistance could have a large impact on our community, our water supply, and our ability to effectively manage stormwater. The Cities of Bend, Madras, Prineville, Redmond, and Sisters and Crook and Deschutes counties are ready to hire a consulting fern to develop the Central Oregon regiorW stormwater management manual. The cost for this consultant will be $86,500. The City of Prineville is planning to contribute $12,425 to this project, of which $9,928 will be applied to the cost of the consultant, A $20,000 grant from COCIB will reduce Prineville's Share of the consultant cost to $7,632. My department can then invest the funds that have been saved into other pressing community needs. Thank you for your consideration of this request, Sincerely, ir. Director, City of Prineville 01 Central Oregon Community Investment Board c/o Central Oregon Intergovernmental Council 2363 SW Glacier Place Redmond, OR 97756 March 15, 2006 To Whom It May Concern: RECEIVED it + .? n f,,;^05 Road Department 61150 SE 27th St. • Bend, Oregon 97702 (541) 388-65B 1 • FAX (541) 388-2719 I am writing on behalf of Deschutes County to request support from the Central Oregon Community Investment Board for the Central Oregon Regional Stormwater Management Manual project. The manual will help local governments to (1) comply with federal and state water quality regulations (2) facilitate construction of new housing to meet the needs of a rapidly growing population (3) reduce detrimental delays in construction projects that impact employment (4) protect local drinking water sources from contamination and (5) provide effective flood management. Deschutes County is one of seven jurisdictions participating in a partnership to improve stormwater management in the region and.the group has set development of the regional manual as its highest priority. Deschutes County has never had a Stormwater Management manual and with increased development occurring in the rural areas as a result of increased growth and Measure 37 claims, the need for this manual has become increasingly apparent. The main reason this manual is important is that because of increased DEQ requirements and limitations on underground injection wells, Deschutes County no longer uses drywells for drainage, instead relying entirely on drainage swales and retention ponds. This is especially important in the La Pine area where ground water levels can be as shallow as 5 feet. This manual will provide all the necessary information to developers and engineers on what will be needed to satisfy the drainage requirements for their development. The Cities of Bend, Madras, Prineville, Redmond, and Sisters and Crook and Deschutes counties are ready to hire a consulting firm to develop the Central Oregon regional stormwater management manual. The cost for this consultant will be $86,500. Deschutes County is planning to contribute $9,469 to this project, of which $7,566 will be applied to the cost of the consultant. Deschutes County is planning to contribute $9,469 to this project, of which $7,566 will be applied to the cost of the consultant. A $20,000 grant from COCIB will reduce Deschutes County's share of the consultant cost to $5,817 allowing the department to use the funds on road maintenance needs elsewhere in the County. Thank you for your consideration of this request, Sincerely, l Geo, e Kolb County Engineer, Deschutes County Quality Services Performed with Pride 42006 03/22 13:28 FAX 4.'DMUA, March 22, 2006 CITY OF REDMOND Engineering Department Central Oregon Community Investment Board c/o Central Oregon Intergovernmental Council 2363 SW Glacier Place Redmond, OR 97756 ra 001/001 507 SW 8th Street, Suite A Redmond, OR 97756 Office (541) 504 2002 Fax: (541) 923-4035 www.ci.redmond.or.us I am writing on behalf of the City of Redmond to request support from the Central Oregon Community Investment Board for the Central Oregon Regional Stormwater Management Manual project. The manual will help local governments to (1) comply with federal and state water quality regulations (2) facilitate construction of new housing to meet the needs of a rapidly growing population (3) reduce detrimental delays in construction projects that impact employment (4) protect local drinking water sources from contamination and (5) provide effective flood management. The City of Redmond is one of seven jurisdictions participating in a partnership to improve stormwater management in the region and the group has set development of the regional manual as its highest priority. This project is extremely important to Redmond, as the City is experiencing a high growth rate and is solely served by well water. A regional stormwater manual will provide uniformity and guidance to developers in the region, expediting and facilitating a more efficient design review process while ensuring that sustainable methods of storwmater management are implemented to protect the City and the Region's current and future drinking water supply The Cities of Bend, Madras, Prineville, Redmond, and Sisters and Crook and Deschutes counties are ready to hire a consulting firm to develop the Central Oregon regional stormwater management manual. The cost for this consultant will be $86,500. The City of Redmond is planning to contribute $17,646 to this project, of which $14,100 will be applied to the cost of the consultant. A $20,000 grant from COCIB will reduce Redmond's share of the consultant cost to $10,840. My department can then invest the funds that have been saved into other pressing community needs. Thank you for your consideration of this request, Sincerely, MW!kelaccava' no City Engineer, City of Redmond Post -it" Fax Note 7671 Da1e �.D # oeS► t To .1 G From LI tkc 1 (5 A A► D CoJDept. Co. Phone # Phone # Fax # is Fax # March 22, 2006 To Whom It May Concern: $00, Oiler,,,, �7�*'' R „ �.,(:I�BRd7'Il'l4' 100 YEARS BILL FRIEDMAN Central Oregon Community Investment Board 575 NE 15- STREET C/O Central Oregon Intergovernmental Council BEND, OR 97701 2363 SW Glacier Place [541] 317-3000 TEL Redmond, OR 97756 [541] 389-2245 FAX housing to meet the needs of a rapidly p� y growing population (3) reduce detrimental delays WWW.ci.bend.or.us in construction projects that impact employment (4) protect local drinking water To Whom It May Concern: $00, Oiler,,,, �7�*'' R „ �.,(:I�BRd7'Il'l4' 100 YEARS BILL FRIEDMAN I am writing on behalf of the City of Bend to request support from the Central Oregon Mayor Community Investment Board for the Central Oregon Regional Stormwater Fire hof ief Chief Management Manual project. The manual will help local governments to (1) comply BRUCE THY with federal and state water quality regulations (2) facilitate construction of new or Pro Mayor Pro Tem housing to meet the needs of a rapidly p� y growing population (3) reduce detrimental delays in construction projects that impact employment (4) protect local drinking water sources from contamination and (5) provide effective protection of property and public JOHN HUMMEL safety. City Councilor The City of Bend is one of seven jurisdictions participating in a partnership to improve R. DAVID MALKIN stormwater management in the region and the group has set development of the City Councilor regional manual as its highest priority. CHRIS Bend is experiencing unprecedented growth. With this growth, stormwater City Councilor Councilor management is becoming increasingly g important. The climate, hydrogeology, soils and stormwater management options in Bend are similar to what they are throughout LINDA S. JOHNSON Central Oregon and they are very different from what they are in the rest of Oregon and throughout the country. This is the City Councilor main reason why a Central Oregon Regional Stormwater Manual is needed. The manual will help ensure consistency throughout the region and help the counties and cities manage their stormwater in a cost-effective JIM CLINTON City Councilor way that will protect water resources, property, and public safety; help avoid delays in development projects; and create engineering, construction and manufacturing opportunities. The Cities of Bend, Madras, Prineville, Redmond, and Sisters and Crook and Deschutes HAROLD A. counties are ready to hire a consulting firm to develop the Central Oregon regional City y Manager ANDERSON stormwater management manual. The cost for this consultant will be $86,500. The City of Bend is planning to contribute $50,348 to this project, of which $40,230 will be applied to the cost of the consultant. A $20,000 grant from COCIB will reduce the City MARGARETECHEVESTE of Bend's share of the consultant cost to $30,928. My department can then in Finance Director funds that have been saved into other pressing community needs. vest the ANDREW JORDAN Thank you for your consideration of this request, Police Chief Sincerely, ON LARRYre ^ Fire hof ief Chief Patty Stell 011ie Fick City Recorder Management Analyst Nov -01 -OS 03:11P P-01 GL City of Sisters - November 1, 2005 Mr. William Kenney Rural Housing Service STOP 0787 1400 Independence Avenue. SW Washington, DC 20250-0787 To Whom It May Concern: Iam writing on behalf of the City of Sisters to express support for the Central Oregon Housing Expansion and Drinking Water Protection Project. The City of Sisters has been participating in a multi jurisdictional effort to improve stormwater management in Central Oregon coordinated by the Central Oregon Intergovernmental Council (COIC) for the past five months. A grant from the Rural Community Development Initiative (RCDI) will allow our group to achieve our highest current priority — revising the stormwater standards and specifications for Central Oregon. Through the Central Oregon Housing Expansion and Drinking Water Protection Project the Central Oregon Intergovernmental Council (COIC) will assist my city in 1) revising our standards and specifications to provide better protection to local drinking water sources; 2) educating developers and builders in new methods to treat runoff and control stormwater flows through a series of workshops; and 3) monitoring and evaluating the effectiveness of these newly adopted stormwater management methods in the unique environmental conditions found in Central Oregon. Completion of these activities will greatly enhance the capacity of Central Oregon communities to expand local housing stock for a rapidly growing population while protecting local drinking water sources. City of Sisters is highly motivated to see local regional strategies for Central Oregon. We do nut have the resources or manpower to handle every development individually and are totally dependant on each developer's Engineer. The confusing part for me, is that each Engineer has a 150 N. Fir Street * P. O. Box 39 * Sisters, Oregon 97759 (541) 549-6022 * Fax (541) 549-0561 Nov -01-05 03_31P P. 01 different interpretation of the rules and we get all kinds of proposed drainage plans. A consistent set of Stormwater Standards and Specifications designed for Central Oregon would he a great benefit for all our cities and communities. The City of Sisters is committed to serving on the multi -jurisdictional committee that will oversee the Central Oregon Housing Expansion and Drinking Water Protection Proicc.t. In addition, the City of Sisters would consider contributing $4,823 towards the implementation of this project which can be used as a non-federal cash match. Sincerely, Gary D. Frazee .��-- Pu lic Works Director City of Sisters A,0_./,29j2006 WED 8:55 FAX • •u ROAD ,D.E1, g- AR &71(�� 1306 N. Main • Prineville, Oregon 97754 • Office (541) 447-4644 • Fax (541) 447-2977 Central Oregon Community Investment Board c/o Central Oregon Intergovernmental Council 2363 SW Glacier Place Redmond, OR 97756 March 15, 2006 To Whom It May Concern: I am writing on behalf of Crook County to request support from the Central Oregon Community Investment Board for the Central Oregon Regional Stormwater Management Manual project. The manual will help local governments to (1) comply with federal and state water quality regulations (2) facilitate construction of new housing to meet the needs of a rapidly growing population (3) reduce detrimental delays in construction projects that impact employment (4) protect local drinking water sources from contamination and (5) provide effective flood management. Crook County is one of seven jurisdictions participating in a partnership to improve stormwater management in the region and the group has set development of the regional manual as its highest priority. Crook County does not have staffing or funds available to commit to this essential Stormwater Management guideline manual as a whole. With a grant -and the cooperative partnership of Deschutes County and the Cities of Bend, Madras, Prineville, Redmond and Sisters, this will allow the project goal to be achieved. The Cities of Bend, Madras, Prineville, Redmond, and Sisters and Crook and Deschutes counties are ready to hire a consulting firm to develop the Central Oregon regional stormwater management manual. The cost for this consultant will -be $86,500. Crook County is planning to contribute $4,000 to this project, of which $3,196 will be applied to the cost of the consultant. A $20,000 grant from COCIB will reduce Crook County's share of the consultant cost to $2,457. My department can then invest the funds that have been saved into other pressing community needs. Thank you for your consideration of this request, cerely, I L-411 Penny Keller, Road Master Crook County Road Department Cc: Scott Cooper, Judge Dave Gordon, Counsel ®001/001