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2018-78-Minutes for Meeting January 29,2018 Recorded 3/5/2018Recorded in Deschutes County CJ2018-78 Nancy Blankenship, County Clerk Commissioners' Journal 03/05/2018 3:30:20 PM 1111111111111118IIIIIIIII I III For Recording Stamp Uniy Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97703-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF BUSINESS MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS Monday, January 29, 2018 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend Present were Commissioners Anthony DeBone and Phil Henderson. Commissioner Tammy Baney was absent. Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; David Doyle, County Counsel; and Sharon Ross, Board Executive Assistant. No representatives of the media were in attendance. CALL TO ORDER: Chair DeBone called the meeting to order at 10:00 a.m. PLEDGE OF ALLEGIANCE CITIZEN INPUT: None were offered. CONSENT AGENDA: Before the Board was Consideration of Approval of the Consent Agenda. Commissioner Henderson asked for clarification of the responsibilities of the Hospital Facility Authority Board and County Counsel Dave Doyle explained the applicable state statutes and the financing component. Minutes of Board of Commissioners' Business Meeting January 29, 2018 Page 1 of 4 HENDERSON: Move approval. DEBONE: Second. VOTE: HENDERSON: Yes. BANEY: Absent. Excused DEBONE: Chair votes yes. Motion Carried Consent Agenda Items: 1. Consideration of Board Signature of Resolution No. 2018-002, Appropriating Grant Funds — Public Health HIV Early Intervention and Outreach 2. Consideration of Board Signature of Order No. 2018-006, Amending Order 2017-048 Approval of the Petition for Annexation into Laidlaw Water District 3. Consideration of Board Signature of Document NO. 2018-068, Public Access and Road Use Easement Across County Property 4. Consideration of Board Signature on Letter Reappointing Jeff Amaral to the Noxious Weed Advisory Board for a term through December 31, 2020 5. Consideration of Board Signature on Letters Reappointing Jared Standerwick and Richard Ambrose for terms through June 30, 2022 6. Consideration of Board Signature on Letters Appointing Kim Spina and Linda Ray to the River Forest Acres Special Road District for terms through December 31, 2020 7. Consideration of Board Signature on Letters Thanking Ken Ray and Martha Mello for their service on the River Forest Special Road District 8. Consideration of Board Signature on Letters Reappointing Tammy Baney, Craig Apregan, Summer Sears, and Tom Schnell to the Hospital Facility Authority Board and Appointing Steve Strang for terms through August 31, 2023 9. Consideration of Board Signature on Letter Thanking Stacey Dodson for service on the Hospital Facility Authority Board ACTION ITEMS 1. Consider Authorization of the County Administrator's Signature to an Economic Development Loan Conversion — Zamp Solar Judith Ure, Management Analyst presented the request to convert an economic development loan for Zamp Solar to a grant. Roger Lee from EDCO and Steve Nelson, Chief Executive Officer of Zamp Solar reviewed the business history of Zamp Solar. HENDERSON: Move approval. DEBONE: Second. Minutes of Board of Commissioners' Business Meeting January 29, 2018 Page 2 of 4 VOTE: HENDERSON: Yes. BANEY: Absent. Excused DEBONE: Chair votes yes. Motion Carried 2. Consideration of Chair Signature of Document No. 2018-065, Memorandum of Agreement: George Millican Road FLAP Project Chris Doty, Public Works Director reported in 2016 Deschutes County partnered with Crook County to fund a chip seal project on George Millican Road. The FLAP match is 50% due to the estimate of traffic calculations on that road that are eligible for FLAP funds. Deschutes County will be the servicing agency. The project for the 15 -mile segment is scheduled to begin in August of 2018. HENDERSON: Move approval. DEBONE: Second. VOTE: HENDERSON: Yes. BANEY: Absent. Excused DEBONE: Chair votes yes. Motion Carried 3. Consideration of Signature of Document No. 2018-066, A Notice of Intent to Award Contract for Supplying and Hauling of Crushed, Pre -Coated Rock for Chip Seal 2018 Cody Smith, County Engineer and Chuck Schutte, Operations Manager presented the notice of intent for the chip seal contract for 2018. Four bids were received; one contractor was rejected as it did not meet pre -qualification criteria. The low qualified bidder was High Desert Aggregate and Paving. HENDERSON: Move approval. DEBONE: Second. VOTE: HENDERSON: Yes. BANEY: Absent. Excused DEBONE: Chair votes yes. Motion Carried Minutes of Board of Commissioners' Business Meeting January 29, 2018 Page 3 of 4 4. Consideration of Board Signature of Document No. 2018-015, PacificSource Amendment #3 DeAnn Carr, Health Services was present to request consideration on the amendment extending coverage for January and February. The Health department hopes to have a 2018 contract in place by March 1. Commissioner DeBone suggested that the larger issue — health financing and the CCO - come before the Board at a work session ahead of the 2018 contract. Commissioner Henderson asked questions regarding the reason for the incomplete agreement and the need for additional extensions. Some explanation was given. HENDERSON: Move approval. DEBONE: Second. VOTE: HENDERSON: Yes. BANEY: Absent. Excused DEBONE: Chair votes yes. Motion Carried OTHER ITEMS: None were offered. ADJOURN Being no further items to come before the Board, the meeting was adjourned at 10:31 a.m. DATED this Day of r County Board of Commissioners. ATTES Recording Secre ary Minutes of Board of Commissioners' Business Meeting January 29, 2018 2018 for the Deschutes Anthony DeBone, Cha' Philip G. Hen j ers • , Vice Chair Tammy Baney, C Page 4 of 4 '(ES 0 p c Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/ BUSINESS MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 AM, MONDAY, JANUARY 29, 2018 Barnes and Sawyer Rooms - Deschutes Services Center —1300 NW Wall Street — Bend Pursuant to ORS 192.640, this agenda includes a list of the principal subjects anticipated to be considered or discussed at the meeting. This notice does not limit the ability of the Board to address additional subjects. Meetings are subject to cancellation without notice. This meeting is open to the public and interested citizens are invited to attend. Business Meetings are usually recorded on video and audio, and can be viewed by the public live or at a later date; and written minutes are taken for the record. CALL TO ORDER PLEDGE OF ALLEGIANCE CITIZEN INPUT This is the time provided for individuals wishing to address the Board, at the Board's discretion, regarding issues that are not already on the agenda. Please complete a sign-up card (provided), and give the card to the Recording Secretary. Use the microphone and clearly state your name when the Board Chair calls on you to speak. PLEASE NOTE: Citizen input regarding matters that are or have been the subject of a public hearing not being conducted as a part of this meeting will NOT be included in the official record of that hearing. If you offer or display to the Board any written documents, photographs or other printed matter as part of your testimony during a public hearing, please be advised that staff is required to retain those documents as part of the permanent record of that hearing. CONSENT AGENDA 1. Consideration of Board Signature of Resolution No. 2018-002, Appropriating Grant Funds - Public Health HIV Early Intervention and Outreach 2. Consideration of Board Signature of Order 2018-006, Amending Order 2017-048 Approval of the Petition for Annexation into Laidlaw Water District 3. Consideration of Board Signature of Document No. 2018-068, Public Access and Road Use Easement Across County Property Board of Commissioners Business Meeting Agenda Monday, January 29, 2018 Page 1 of 3 4. Consideration of Board Signature on Letter Reappointing Jeff Amaral to the Noxious Advisory Weed Board for a term through December 31, 2020 5. Consideration of Board Signature on Letters Reappointing Jared Standerwick and Richard Ambrose for terms through June 30, 2022 6. Consideration of Board Signature on Letters Appointing Kim Spina and Linda Ray to the River Forest Acres Special Road District for terms through December 31, 2020 7. Consideration of Board Signature on Letters Thanking Ken Ray and Martha Mello for their service on the River Forest Acres Special Road District 8. Consideration of Board Signature on Letters Reappointing Tammy Baney, Craig Apregan, Summer Sears, and Tom Schnell to the Hospital Facility Authority Board and Appointing Steve Strang for terms through August 31, 2023 9. Consideration of Board Signature on Letter Thanking Stacey Dodson for service on the Hospital Facility Authority Board ACTION ITEMS 10. Consider Authorization of the County Administrator's Signature to an Economic Development Loan Conversion - Zamp Solar - Judith Ure, Management Analyst 11. Consideration of Chair Signature of Document No. 2018-065, Memorandum of Agreement: George Millican Road FLAP Project - Chris Doty, Public Works Director 12. Consideration of Signature of Document No. 2018-066, a Notice of Intent to Award Contract for Supplying and Hauling of Crushed, Pre -Coated Rock for Chip Seal 2018 - Cody Smith, County Engineer 13. Consideration of Board Signature of Document No. 2018-015, PacificSource Amendment #3 - George Conway, Health Services Director OTHER ITEMS These can be any items not included on the agenda that the Commissioners wish to discuss as part of the meeting, pursuant to ORS 192.640. At any time during the meeting, an executive session could be called to address issues relating to ORS 192.660(2)(e), real property negotiations; ORS 192.660(2)(h), litigation; ORS 192.660(2)(d), labor negotiations; ORS 192.660(2)(b), personnel issues; or other executive session categories. Executive sessions are closed to the public; however, with few exceptions and under specific guidelines, are open to the media. Board of Commissioners Business Meeting Agenda Monday, January 29, 2018 Page 2 of 3 ADJOURN To watch this meeting on line, go to: www.deschutes.orq/meetinqs Please note that the video will not show up until recording begins. You can also view past meetings on video by selecting the date shown on the website calendar. ®® Deschutes County encourages persons with disabilities to participate in all programs and activities. To request this information in an alternate format please call (541) 617-4747. tli FUTURE MEETINGS: Additional meeting dates available at www.deschutes.ora/meetingcalendar (Please note: Meeting dates and times are subject to change. All meetings take place in the Board of Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions regarding a meeting, please call 388-6572.) Board of Commissioners Business Meeting Agenda Monday, January 29, 2018 Page 3 of 3 Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Business Meeting of January 29, 2018 DATE: January 25, 2018 FROM: Judith Ure, Administrative Services, 541-330-4627 TITLE OF AGENDA ITEM: Consider Authorization of the County Administrator's Signature to an Economic Development Loan Conversion - Zamp Solar RECOMMENDATION & ACTION REQUESTED: Authorize the County Administrator to convert a $21,000 loan made to Zamp Solar, LLC to a grant. CONTRACTOR: Zamp Solar, LLC AGREEMENT TIMEFRAME: Starting Date: June 21, 2016 Ending Date: Upon Completion INSURANCE: Insurance Certificate Required: N/A Insurance Review Required by Risk Management: N/A BACKGROUND AND POLICY IMPLICATIONS: The Deschutes County Economic Development Loan Program was initiated to encourage and assist companies seeking to relocate to and/or create new jobs within Deschutes County. To receive a loan, companies must agree to create a specific number of jobs within a defined period, then maintain this level of employment for an additional set period of time. On June 21, 2016, Zamp Solar, LLC entered into an agreement with the County for a loan in the amount of $21,000 with terms that included hiring twenty-one (21) new full-time employees in Deschutes County on or before April 18, 2018 and maintaining these positions for a twelve-month period beyond the date all new positions were filled or by April 18, 2019, whichever date occurred first. As certified by Economic Development for Central Oregon (EDCO), Zamp Solar has met these terms and, in accordance with the agreement, is eligible to have the loan converted to a grant. FISCAL IMPLICATIONS: None. ATTENDANCE: Judith Ure, Management Analyst; Roger Lee, EDCO; and representative(s) of Zamp Solar, LLC. DESCHUTES COUNTY ECONOMIC DEVELOPMENT LOAN PROGRAM AGREEMENT WITH ZAMP SOLAR, LLC This Economic Development Loan Agreement ("Agreement") is entered into: BETWEEN: Deschutes County (hereinafter referred to as "County') PO Box 6005 Bend, OR 97708-6005 541-330-4627 AND: Zamp Solar, LLC 63255 Jamison St. Bend, OR 97703 541-728-0924 RECITALS WHEREAS, County finds that the program set forth in this Agreement will promote state and local economic activity by creating new jobs and investment; and WHEREAS, Company wishes to expand its existing equipment and business operations within Bend, Oregon by increasing employment and investing in equipment and building improvements; and WHEREAS, the said expansion in Bend, Oregon will relocate and/or create at least twenty-one (21) new full-time jobs between April 18, 2016 and April 18, 2018 for total employment by Company of fifty-two (52) positions; and WHEREAS, once filled, the new hull -time jobs will be maintained for an additional consecutive 12 -month period to occur on or before April 18, 2019;.and WHEREAS, County desires to promote the expansion of Company's business operations by loaning funds in the amount of $21,000 and such loan will later be converted to a grant upon the condition that Company satisfy certain requirements; and WHEREAS, County has engaged Economic Development for Central Oregon (EDCO) to assist in administering the loan; NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree to as follows: SECTION 1 DEFINITIONS Section 1.1 Dollars and $ shall mean lawful money of the United States of America. Section 1.2 Loan shall mean funds loaned by County to Company as provided under Section 3. Section 1.3 Project shall mean expansion of Company employment in Deschutes County, Oregon. Section 1.4 Full -Time Employee shall mean any employee who has been hired with the expectation that the job will last for at least one (1) year and who will work at least forty (40) hours per week or the equivalent of 2,080 hours per year. SECTION 2 TERM This Agreement shall be effective as of the date of execution by all parties and continue until the loan is paid in full or the loan is converted to a grant as provided in Section 3.3 below. SECTION 3 LOAN Section 3.1 Loan County agrees to loan Company the sum of $21,000 no later than 30 days following delivery of this signed Agreement to County. Section 31 Loan Purpose and Representations of the Company The purpose of the loan is to carry out the project described herein, and for no other purposes. Company represents and warrants that it will diligently pursue and complete the following: 3.2.1 Company will employ a minimum of twenty-one (21) additional full-time employees between April 18, 2016 and April 18, 2018 for a total of twenty-one (21) full-time employees. 3.2.2 Company will maintain these new positions from the date all are filled for an additional consecutive 12 -month period to occur on or before April 18, 2019. 3.2.3 Wages for the new positions will average $23,870, excluding commissions, per annum. 3.2.4 Company will submit quarterly and annual progress reports to EDCO with documentation for job creation, capital investment relating to new facilities, and equipment associated with the project. 3.2.5 Company shall comply with all applicable federal, state, regional, and local laws, regulations, and ordinances. 4 3.2.6 Company shall timely pay all Deschutes County real and personal property tax when due and shall satisfy all delinquent property tax accounts in full. Section 3.3 Loan Repayment or Conversion to Grant 3.3.1 Unless the loan is converted to a grant as provided below, Company agrees to pay to the order of County the full amount of the loan as well as interest at the rate of 8% per annum beginning from the date County releases funds to Company until the earlier of: (a) the occurrence of an event of default, as defined below, or (b) April 18, 2019. 3.3.2 County agrees to convert the loan to a grant that does not need to be repaid, if and when County determines in its sole discretion that Company has satisfied all of the obligations in Section 3.2 and its other obligations under this Agreement. Such conversion shall only be effective upon written verification by the County Administrator that the loan has been converted to a grant. 3.3.3 County may, in its sole discretion, convert a portion of the loan to a grant if all of the obligations under Section 3.2 and this Agreement have been fulfilled to the reasonable satisfaction of County. In the event of such partial conversion of the loan, the loan shall continue to be payable on a pro -rated basis in an amount determined by multiplying $1,000 by the difference between twenty-one (21) and the number of full-time employees employed in Deschutes County by Company as of April 18, 2018. Interest will accrue on this portion of the loan at a rate of eight percent (8%) per annum from the time the Company received the loan monies to the time they are repaid. SECTION 4 DEFAULT Section 4.1 Events of Default The following shall be considered events of default: 4.1.1 Company fails to complete, or County reasonably determines that Company will not be able to complete, the obligations described in Section 3.2 and its other obligations under this Agreement; provided, however, that upon such failure or determination, County shall first provide to Company written notice of such failure or determination, and Company shall have thirty (30) days to correct the matter. If the matter has not been corrected by Company within such thirty (30) day period to the reasonable satisfaction of County, County shall be entitled to declare Company in default of its obligations under this Agreement and the loan and accrued interest shall be payable in full. 4.1.2 Company effects a change of ownership or change of control of its business which results in dissolution or conversion of the original business entity or relocates its business operations outside of Deschutes County, Oregon on or before the end of the contract period. Change of ownership and/or change of control of the business will not be deemed a default if Company notifies County which may then condition consent on any reasonable term(s) necessary to adequately secure the loan. A change in majority stock ownership will not constitute a default if all other provisions in this agreement are met. 4.1.3 The occurrence of any event that has or may reasonably be expected to have a material adverse effect on Company's financial condition or Company's ability to make any payment required by this Agreement. 4.1.4 Company fails to pay, becomes insolvent or unable to pay, or admits in writing an inability to pay Company's debts as they become due, or makes a general assignment for the benefit of creditors. 4.1.5 A proceeding with respect to Company is commenced under any applicable law for the benefit of creditors, including, but not limited to, any bankruptcy or insolvency law, or an order for the appointment of a receiver, liquidator, trustee, custodian, or other officer having similar powers over Company is entered. SECTION 5 MISCELLANEOUS Section 5.1 Right to Inspect Company agrees that County, their agents, and employees shall be entitled, upon reasonable prior notice to Company, to access and inspect the property and employment records of Company and its affiliates in order to insure that Company is complying with the terms of this Agreement and all applicable federal, state, and local laws and regulations. The right to inspection shall also include any property or employment records that are in the possession of any affiliate of Company. The right of inspection shall continue until all of the obligations of Company under this Agreement have been satisfied. Section 5.2 Attorney's Fee Provision In the event suit or action is instituted to enforce any of the terms or conditions of this Agreement, the unsuccessful party shall pay to the prevailing party, in addition to the costs and disbursements allowed by statute, such sum as the court may adjudge reasonable as attorney fees in such suit or action, in both trial court and appellate courts. Section 5.3 Indemnification Company shall defend, indemnify and hold harmless County and EDCO, their officers, agents, employees, and members from all claims, suits, and causes of action, including attorney's fees, of any nature whatsoever relating to claims by third parties resulting from or arising out this Agreement or funds provided to Company under this Agreement. Except as otherwise provided in this Section 5.3, County and EDCO shall defend, indemnify, and hold harmless Company, their officers, agents, employees, and members from all claims, suits, and causes of action, including attorney's fees, relating to claims by third parties as to the validity under public finance law of this Agreement or funds provided to the Company under this Agreement. Section 5.4 Entire Agreement This Agreement constitutes the entire agreement between the parties regarding the matters herein. Section 5.6 Titles and Subtitles The titles in this Agreement are for convenience only and in no way define, limit, or describe the scope or intent of any provision of this Agreement. Section 5.7 Notice All notices, requests demands, and other communications to or upon the parties hereto shall be in writing and shall be deemed to have been duly given or made: Upon actual receipt, if delivered personally or by fax or an overnight delivery service; and at the end of the third business day after the date of deposit in the United States mail, postage pre -paid, certified, return receipt requested; and to the addresses set forth on page 1 of this Agreement or at such other address of which such party shall have notified in writing the other parties hereto. Section 5.8 Time is of the Essence All parties agree that time is of the essence under this Agreement. Section 5.9 Applicable Law This Agreement is made, and shall be construed and interpreted under the laws of the State of Oregon without regard to the principles of conflicts of law. Venue shall lie in state courts located in Deschutes County, 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. Section 5.10 Disclosure Under Oregon law, most agreements, promises, and commitments made by a lender after October 3, 1989 concerning loans and other credit extensions which are not for personal, family, or household purposes or secured solely by borrower's residence must be in writing, express consideration, and be signed by the lender to be enforceable. Section 5.11 No Waiver No failure or delay of County in exercising any right, power or remedy under this Agreement shall operate as a waiver of such right, power or remedy of County, or of any other right. A waiver of any provision of this Agreement shall not constitute a waiver of or prejudice County's right otherwise to demand strict compliance with that provision or any other provision. Any waiver, permit, consent or approval of any kind or character on the part of County must be in writing and shall be effective only to the extent specifically set forth in such writing. Section 5.12 No Assignment by Company No obligation or right under this Agreement may be assigned by the Company without the prior consent of County, which consent may be withheld, conditioned, or delayed in the sole discretion of County. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be duly executed as of the dates set forth below their respective signatures. Deschutes County By: Tom Anderson, County Administrator Date: i Zamp Solar, LLC Date: DESCHUTES COUNTY DOCUMENT SUMMARY (NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board agenda, the Agenda Request Form is also required. If this form is not included with the document, the document will be returned to the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form electronically to the Board Secretary.) Please complete all sections above the official Review line. Date: dune 17, 20161 Department: 'Administrative Services) Contractor/Supplier/Consultant Name: Zamp Solar, LLCj Contractor Contact: 1Steve Nelsons Contractor Phone #:1541-728-09241 Type of Document: Business Development Loan Agreement Goods and/or Services: Business Development Loan Background & History: On April 18, 2016, the Board of Commissioners approved a Business Development Loan to Zamp Solar, LLC in the amount of $21,000 as recommended by Economic Development for Central Oregon (EDCO). The loan is intended to support the creation of 21 new jobs at an average salary of $23,870 by April 18, 2017 and will be converted from a loan to a grant if this goal is met and maintained for an additional consecutive 12 -month period to occur on or before April 18, 2019. The loan will be paid from the Economic Development Fund (150). Zamp Solar, LLC designs, assemples, and sells power inverters and solar charging systems and is located in Bend, Oregon. Agreement Starting Date: (Upon Signings Ending Date: (April 18, 20191 Annual Value or Total Payment: )$21,0001 ❑ Insurance Certificate Received (check box) Insurance Expiration Date: Check all that apply: ❑ RFP, Solicitation or Bid Process Informal quotes (4150K) C Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37) Funding Source: (Included in current budget? ® Yes ❑ No If No, has budget amendment been submitted? ❑ Yes ❑ No Is this a Grant Agreement providing revenue to the County? ❑ Yes ® No 6/17/2016 Special conditions attached to this grant: N/A Deadlines for reporting to the grantor: N/A If a new FTE will be hired with grant funds, confirm that Personnel has been notified that it is a grant -funded position so that this will be noted in the offer letter: N/A Contact information for the person responsible for grant compliance: Tom Rowley, Economic Development for Central Oregon (EDCO), 541-388-3236. Departmental Contact and Title: Judith Ure, Management Analyst Phone #:1541-330-46271 Department Director Approval: Signature Date Distribution of Document: Who gets the original document and/or copies after it has been signed? Include complete information if the document is to be mailed. Return original(s) to Judith Ure Official Review: County Signature Required (check one): ❑ BOCC ❑ Department Director (if <$25K) Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. ) Legal Review ad a( / Date 64-(7/,0 Document Number: 2-» t 7 6/17/2016 Loan Recipient: DESCHUTES COUNTY Business Development Forgivable Loan Program Zamp Solar, LLC 61535 South Hwy 97, Suite 5-421 Bend, OR 97702 541-728-0924 Agreement No.: DC -2016-437 Date of Agreement: June 21, 2016 On behalf of Economic Development for Central Oregon, I hereby certify that Zamp Solar, LLC has met all conditions of the Deschutes County Business Development Forgivable Loan Program as specified in Agreement DC -2016-437 (attached). I further attest that a representative of Economic Development for Central Oregon has reviewed employment and payroll records furnished by Zamp Solar and that such records confirm that the company: a) Created within and/or relocated to Deschutes County at least 21 new full-time, family wage positions by or before April 18, 2018, and b) Maintained these new positions in Deschutes County for a 12 -month period beyond the creation/relocation date and/or by or before June 18, 2019. 1 therefore, request that the Deschutes County Board of Commissioners authorize that the business development loan made to Zamp Solar be converted to a grant in accordance with the terms of the attached agreement. Economic Development for Central Oregon it \ Title: It) j_1' r\f'( "s• Date: