Loading...
2021-123-Minutes for Meeting March 10,2021 Recorded 3/30/2021Recorded in Deschutes County Nancy Blankenship, County Clerk CJ2021-123 Commissioners' .journal 03/30/2021 9:07:47 AM C�v (E 5 CMG 0>,v T F s coU BOARD OF ��. COMMISSIONERSto 1300 NW Wall Street, Bend, Oregon (541 ) 388-6570 g:00 AM IIII123 IIIIIIIIIIIIIIIIIIIIIIIIIII FOR RECORDING STAMP ONLY 011,11 4 I A { � / � Wednesday® March 10, 2021 BARNES & SAWYER ROOMS VIRTUAL MEETING PLATFORM Present were Commissioners Patti Adair, Anthony DeBone, and Phil Chang. Also present were Tom Anderson, County Administrator; David Doyle, County Counsel (via Zoom conference call); and Samantha Pepper, BOCC Administrative Assistant (via Zoom conference call). Attendance was limited due to Governor's Virus Orders. This meeting was audio and video recorded and can be accessed at the Deschutes County Meeting Portal website http://deschutescountyor.igm2.com/Citizens/Default.aspx CALL TO ORDER: Chair DeBone called the meeting to order at 9:01 a.m. PLEDGE OF ALLEGIANCE: CITIZEN INPUT: Marty Brill submitted testimony on the Citizen Input email in regards to schools reopening and the health of the community's children. Commissioner DeBone briefly adds that County Commissioner John Lindsey from Linn County passed away yesterday. Commissioners offer their condolences. CONSENT AGENDA: Before the Board was consideration of the Consent Agenda. BOCC MEETING MARCH 10, 2021 PAGE 1 OF 10 ADAIR: Motion to approve Consent Agenda CHANG: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried 1. Approval of Minutes of the February 24 2021 BOCC Meeting 2. Approval of Minutes of the March 1 2021 BOCC Meeting 3. Approval of Minutes of the March 3 2021 BOCC Meeting ACTION ITEMS: 4. PUBLIC HEARING and Consideration of Board Signature of Order No. 2021-007 Annexation to Rural Fire District #2 County Legal Counsel Dave Doyle explains the annexation into Rural Fire District #2. Commissioner DeBone opens the public hearing. No comments. Commissioner DeBone closes to the public hearing. ADAIR: Move approval of Board Signature of Order No. 2021-007. CHANG: Second VOTE: ADAI R: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried S. Consideration of Chair Signature of Document No. 2021-219 Notice of Intent to Award Contract to Kellcon, Inc. for the Deschutes County Community Service Shop and Parking Expansion Facilities Director Lee Randall and Community justice Supervisor Sam Bachman explain the intent to award contract with Kellcon. Commissioner Adair asked how the community service program is going amidst the COVID pandemic. Mr. Bachman states that there are two crew leaders and six service members per crew right now. Commissioner Adair asked if there was a base number for this project. Mr. Randall adds that the conceptual number BOCC MEETING MARCH 10, 2021 PAGE 2 OF 10 came in $63,000 higher than the estimate generated 18 months ago when this project started. Completion date is scheduled for Fall 2021. ADAIR: Motion to approve Chair Signature of Document No. 2021-219. CHANG: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried 6. Consideration of Chair Signature of Purchase Agreements with SafeFleet, Document No. 2021-222 for Sheriffs Office Body Cameras and Document No. 2021- 228 Car Video DCSO Business Manager joe Brundage and DCSO Captain Paul Garrison explain the Agreements with SafeFleet for the purchase of body cameras and car cameras for the Sheriff's Office. Commissioner Adair briefly thanked the Sheriff's Office staff for examining the right product for the county's needs. Captain Garrison stated that this is the same system that Oregon State Police �_._:rn_ err:__ .J:.J _ _ �_....___ .[-_ �e�_�_�i-.. ._� __r use. Jllef II I s VI I Ice UIU d LUI I IpdrlJU[ I UtLVVeef I II It VVdLL1I1,3UdI U di IU I.UUd11, ultimately choosing Coban because data can be stored at the Sheriff's Office rather than in the cloud. Commissioner Chang asked who else will be using the recordings. This agreement comes with a five year commitment. At year 2 and 4, Coban will replace cameras free of charge with this particular contract. Commissioner Chang asks how video cameras would have helped in the past. Sheriff Nelson states that it could have saved money i.e. investigators. He also adds that this camera system agreement is multiyear and will be further discussed during the upcoming budget cycle. Sheriff Nelson notes that the cameras cannot always tell the whole story other than what is caught on video. Commissioner Chang asked how often deputies will be wearing a body camera. All patrol deputies will have a camera. Administrator Anderson mentions that a Resolution will come before the Board next week to authorize accessing funds from Contingency and transferring to Capital Outlay in the amount of $398,000 from LE District 2. Motion to approve Chair Signature of Purchase Agreement with SafeFleet, Document No. 2021-222 and Document No. 2021- 228. BOCC MEETING MARCH 10, 2021 PAGE 3 OF 10 CHANG: Second VOTE: ADAI R: CHANG: DEBONE: OTHER ITEMS: Yes Yes Chair votes yes. Motion Carried • Administrator Anderson mentions a fuels reduction grant in process. DOJ has not finished the grant document, therefore, with timing issues the County would like to proceed with agreements with Contractors for fuels reduction work. Commissioners agree and direct staff to proceed as planned. • Commissioner Adair mentions attending the Fair Board Meeting on Monday. They have plans in place for the different risk levels. She also attended the Deschutes County 4-H Advisory meeting Tuesday. • Commissioner Chang states that Lower Bridge citizens have contacted him with concerns garbage debris and illegal dumping in the area. 7. COVID19 Update inw,mie rinr MpM%np rnfin�te nn rnvini Q m/pr thin nnrt VAAr l.Vll IIIIIJJ IVI Ic I VcuVI IV. I VIIt. �. �..7 VII �. v— I -- -- N.w.+��r...n.. Commissioner Adair adds her thanks to the Health Department and Community partners. Commissioner Chang asks for 65 seconds of silence to honor lives lost to COVID19. He goes on to encourage the community to stay vigilant for the months to come until there is herd immunity and enough vaccines. Public Health Director Nahad Sadr- Azodi thanks Health Services Director Dr. George Conway for his leadership in Health Services. Nahad Sadr- Azodi updates Commissioners on the COVID19 pandemic. Dr. George Conway acknowledged all health services staff as well as Nathan Garibay and Chris Weiler for their roles at the Incident Command Center. Behavioral Health Manager Molly Wells- Darling explains the vaccine process in the county and explains how community members can sign up and receive alerts about vaccine availability. Finance Update Greg Munn updates Commissioners on the $1.9 trillion dollar COVID relief BOCC MEETING MARCH 10, 2021 PAGE 4 OF 10 package that should be signed by the President by the end of this week. $130 billion will be split between cities and counties in the country. Deschutes County should receive approximately $38 million. Commissioner Chang asked if county facility investments would be an allowable use for these funds. 8. PUBLIC HEARING and Consideration of Board Ordinance No. 2021-003 Text Amendments to DCC 8.30 Ambulance Service Area and to the Ambulance Service Area Plan for Deschutes County County Sr. Assistant Legal Counsel Chris Bell explains this continued Ambulance Service Area Public Hearing. Commissioner Adair asks for clarification on the definition of "Unstable Patient". Testimony 9-1-1 Director Sara Crosswhite explains dispatch's role and what the call center's responsibility would be. Joel Witmer is a Board of Director with La Pine Rural Fire Protection District. He remind the group what the purpose of the code is and started referencing other A -SA documents fro oth er Jur isdil iol ls. IVVI Ie oI Ln e of ICr jurisdictions have a definition of unstable patient. He believes that the definition falls out of purview of what applies. Chief Medical Officer at La Pine Medical Center Dr. Michael Allen voiced his support for the definition of unstable patient. This puts trust in primary care providers. Chief Physician for St. Charles Jeff Absalon voices support of the unstable patient definition. He thanks parties involved with putting this type of language into the document. It is important to recognize the expertise of health professionals. Vice President of La Pine Fire Jerry Hubbard thanks the group for adding subcontractors to the ASA document. This will allow La Pine Fire to use additional resources. Mr. Bell goes on to explain the existing definitions. BOCC MEETING MARCH 10, 2021 PAGE 5 OF 10 Public Health Manager Tom Kuhn added that the motivation behind these revisions was for more clarity throughout the code and the Plan. Commissioner DeBone asked what the background of an ASA plan is. La Pine Rural Fire Protection District Chief Mike Supkis states that the goal is to have the best care possible. He has concern over the unstable patient definition because of the distance between the Bend hospital and La Pine. Additional resources will be hard to get and patients might not have the appropriate care. Commissioner Adair and Commissioner Chang agree that the term "Unstable Patient" is important. Commissioner DeBone mentions that he supports the amendments but without the term "Unstable Patient". Commissioner DeBone asked for clarity on who a medical provider is who is calling for transport. Bend Fire Deputy Chief Drew Norris notes that the unstable patient definition is used within the industry. A medical provider would be calling from a medical facility, particularly a nurse or doctor and not a personal residence. i Iram_ �1_�:t IleaUUllIaL Id patient has a sound mind they can choose :tley want transport or not. Black Butte Ranch Captain Jared Earnest clarified how people can refuse transport and there are several different ways to know if someone needs transport or not. Commissioner Chang adds that the opportunity to subcontract services is a good opportunity for the franchisees. Commissioner DeBone closes the public hearing. ADAIR: Move approval of first reading of Ordinance No 2021-003 by title only. No emergency clause. CHANG: Second VOTE: ADAIR: CHANG: DEBONE: Yes Yes Chair votes no. Motion Carried BOCC MEETING MARCH 10, 2021 PAGE 6 OF 10 LUNCH RECESS: At the time of 11:58 a.m., the Board took a Lunch Recess and reconvened at 1:00 p.m. 9. Consideration of the Contract and Program for the Central Oregon Cohesive Strategy Initiative Now Known as Central Oregon Living with Fire Senior Advisor Joe Stutler gives updates on the regional Cohesive Strategy and explains the request for a COLWF Coordinator. This group was initiated over 2 years ago. In January of this year the coordinator moved on. Conversations with Administrator Anderson and County Forester, Ed Keith, they voiced their support for this program and agreed to move forward with selecting a new coordinator. The steering committee was also in support. Lake County wishes to continue to be part of the collaboration but will no longer contribute monetarily. Commissioner Adair states that Warm Springs should be an entity on the steering committee because they are part of Blue Mountain Forest Collaborative. She also adds that it is a shame that positions are unfilled on the committee. Mr. Stutler adds that Warm Springs did not .a �...F......II.. L.,. �* ..F�... /^..w,w,� ., r f-k .-..r I. .A ­IF want o I VI ma11y be a pall VI III e 6r VUp. I.VI I II I IIJZjIVI ICI LI IQI 16 aJnJ VVI IQl Cohesive Strategy means in Central Oregon. It is a very important national network for shared learning. He would like to see the coordinator do more communications efforts to all the fire related groups in the community. Commissioner DeBone notes that partnerships are most important. This is an opportunity to complete the messaging of a fire resilient community. Commissioners agree to proceed with this multi -county partnership. Commissioner Chang would like to see the scope of work and RFP before soliciting for the coordinator position. Administrator Anderson mentions how this group brings several agencies together. Commissioner Chang is very excited about what this new person can bring to the wildfire community. Commissioner Adair notes that according to the committee rules there should be no more than 12 members. CHANG: Motion to revalidate Deschutes County's Central Oregon Living with Fire program. ADAIR: Second VOTE: CHANG: Yes BOCC MEETING MARCH 10, 2021 PAGE 7 OF 10 ADAI R: Yes DEBONE: Chair votes yes. Motion Carried CHANG: Motion to approve the RFP for the Central Oregon Living with Fire coordinator position with suggested. amendments. ADAIR: Second VOTE: CHANG: Yes ADAI R: Yes DEBONE: Chair votes yes. Motion Carried 10. Consideration for Grant Application for 2021 FY21 Smart Prosecution - Innovative Prosecution Solutions DA's Office Management Analyst Kathleen Coop explains the Smart Prosecution Innovative Prosecution Solutions grant. They plan to bring on a temporary full-time FTE for a data analyst. The total grant amount is approximately $340,000 over two years. Commissioner Chang asked if there rv�-�4-rk Thnrn ic- nr%f Tho rh nnrac of rnnttina thin grant arc high harni Ica as a I I IQll.l 1. I I ICI G IJ I IVI. 1 I IC LI IUI II.I.J WI 6`11 lb a I b, ul IL ul �. I nbl I r✓. . as u... our county is hitting on several different criteria topics. ADAIR: Motion Board approval of grant submission for Smart Prosecution- Innovative Prosecution Solutions grant. CHANG: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried 11.Consideration of Grant Continuation Application for the Office on Violence Against Women Deputy District Attorney Drew Moore explains the Violence against Women grant. This is a 3 year continuation grant in the amount up to $500,000 with no county match. BOCC MEETING MARCH 10, 2021 PAGE 8 OF 10 CHANG: Motion Board approval of grant submission for Violence Against Women grant. ADAIR: Second VOTE: CHANG: Yes ADAIR: Yes DEBONE: Chair votes yes. Motion Carried 12.PUBLIC HEARING: the Applicants Request a Property Line Adjustment and a Tentative Plan Approval to Establish a 10-Lot Subdivision in the UAR10 Zone at 19800 Pacific Heights Road Commissioner Chang will not be participating in this matter and accordingly, dismisses himself from the hearing. This is a reconsideration hearing on Tentative Plan Approval to establish a 1 Not subdivision in the UAR10 Zone at 19800 Pacific Heights Road. CDD Senior Planner Kyle Collins explains the procedures of the hearing and key issues. He notes there were 4 items that were not included in the Board . 1.. .� *.. .. ,I 4,., .rir,� f'.�mmic-cinnor AAnir mcUc nhnl It tho lot -tor packets al 1III e or Ig111a1 11ea1 1116g. N-V1111111JJ1VI IGI �uurl UJI\J cwr W, L LI IV ..«�-. submitted by Oregon Parks and Recreation dated December 19, 2019. Mr. Collins states this this letter came well before the land use application. He is unsure if there has been any extensions filled with Oregon Parks and Recreation. Commissioner DeBone opens the public hearing. Testimony Attorney Laura Craska-Cooper who represents the applicant asks that the Board affirm their decision and explains the design review process. Attorney Michael McGean who represents the appellant states concerns to the Deschutes River Corridor statute. The River Design corridor should also apply. Laura Craska-Cooper adds that there is no need to get into interpretation of the code because the plain meaning of the code provisions are clear. Commissioner DeBone closes the hearing (oral and written). BOCC MEETING MARCH 10, 2021 PAGE 9 OF 10 Brief deliberations. Commissioner DeBone mentions that these are larger lots so there is plenty of room for setbacks. Commissioner Adair agrees. The Commissioners indicate intent to uphold the previous decision and note that road maintenance issues are a private matter between property owners. County staff will draft a draft a decision within the next week. Commissioners note the joint meeting with the City of Sisters tonight. ADJOURN Being no further items to come before the Board, the meeting was adjourned at 3:18 p.m. DATED this 2—q—Day of -vAffk-2021 for the Deschutes County Board of Commissioners. ANTHONY DEBONE,C AI HIL CHANG, VICE CHAIR - VJ--Jff i BOCC MEETING MARCH 10, 2021 PAGE 10 OF 10 Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - www.deschutes.org BOCC MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 9:00 AM, WEDNESDAY, MARCH 10, 2021 Barnes Sawyer Rooms - Deschutes Services Center - 1300 NW Wall Street - Bend This meeting is open to the public, and allows the Board to gather information and give direction to staff. Public comment is not normally accepted. Written minutes are taken for the record Pursuant to ORS 192.640, this agenda includes a list of the main topics that are anticipated to be considered or discussed. This notice does not limit the Board's ability to address other topics. Meetings are subject to cancellation without notice. Item start times are estimated and subject to change without notice. CALL TO ORDER MEETING FORMAT In response to the COVID-19 public health emergency, Oregon Governor Kate Brown issued Executive Order 20-16 directing government entities to utilize virtual meetings whenever possible and to take necessary measures to facilitate public participation in these virtual meetings. Beginning on May 4, 2020, meetings and hearings of the Deschutes County Board of Commissioners will be conducted in a virtual format. Attendance/Participation options include: Live Stream Video: Members of the public may still view the BOCC meetings/hearings in real time via the Public Meeting Portal at www.deschutes.org/meetings. Citizen Input: Citizen Input is invited in order to provide the public with an opportunity to comment on any meeting topic that is not on the current agenda. Citizen Input is provided by submitting an email to: citizeninput@deschutes.org or by leaving a voice message at 541-385-1734. Citizen input received before the start of the meeting will be included in the meeting record. Zoom Meeting Information: Staff and citizens that are presenting agenda items to the Board for consideration or who are planning to testify in a scheduled public hearing may participate via Zoom meeting. The Zoom meeting id and password will be included in either the public hearing materials or through a meeting invite once your agenda item has been included on the agenda. Upon entering the Zoom meeting, you will automatically be placed on hold and in the waiting room. Once you are ready to present your agenda item, you will be unmuted and placed in the spotlight for your presentation. If you are Board of Commissioners BOCC Meeting Agenda Wednesday, March 10, 2021 Page 1 of 4 providing testimony during a hearing, you will be placed in the waiting room until the time of testimony, staff will announce your name and unmute your connection to be invited for testimony. Detailed instructions will be included in the public hearing materials and will be announced at the outset of the public hearing. PLEDGE OF ALLEGIANCE CITIZEN INPUT (for items not on this Agenda) [Note: Because COVID-19 restrictions may limit or preclude in person attendance, citizen input comments may be emailed to citizeninput@deschutes.org or you may leave a brief voicemail at 541.385.1734. To be timely, citizen input must be received by 8:00am on the day of the meeting.] CONSENT AGENDA 1. Approval of Minutes of the February 24, 2021 BOCC Meeting 2. Approval of Minutes of the March 1 2021 BOCC Meeting 3. Approval of Minutes of the March 3 2021 BOCC Meeting ACTION ITEMS Note: The Zoom links for Public Hearings are posted in the hearing materials and also found under the public notices on our Deschutes County website at https://www.deschutes.org/bcc/page/public-hearing-notices 4. PUBLIC HEARING and Consideration of Board Signature of Order No. 2021-007 Annexation to Rural Fire District #2 - Pauline Word, Paralegal 5. Consideration of Chair Signature of Document No. 2021-219 Notice of Intent to Award Contract to Kellcon, Inc. for the Deschutes County Community Service Shop and Parking Expansion. - Lee Randall, Facilities Director 6. Consideration of Chair Signature of Purchase Agreements with SafeFleet, Document No. 2021-222 for Sheriffs Office Body Cameras and Document No. 2021- 228 Car Video Equipment -.Joe Brundage, 7. COVID19 Update Board of Commissioners BOCC Meeting Agenda Wednesday, March 10, 2021 Page 2 of 4 8. PUBLIC HEARING and Consideration of Board Ordinance No. 2021-003 Text Amendments to DCC 8.30 Ambulance Service Area and to the Ambulance Service Area Plan for Deschutes County - Christopher Bell, SeniorAsst County Counsel LUNCH RECESS 9. Consideration of the Contract and Program for the Central Oregon Cohesive Strategy Initiative Now Known as Central Oregon Living with Fire -Joe Stutter, Senior Advisor 10. Consideration for Grant Application for 2021 FY21 Smart Prosecution - Innovative Prosecution Solutions - Kathleen Meehan Coop, Management Analyst 11.Consideration of Grant Continuation Application for the Office on Violence Against Women -Andrew Moore, Deputy District Attorney 12. PUBLIC HEARING: the Applicants Request a Property Line Adjustment and a Tentative Plan Approval to Establish a 10-Lot Subdivision in the UAR10 Zone at 19800 Pacific Heights Road - Kyle Collins, Associate Planner 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. EXECUTIVE SESSION 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. ADJOURN To watch this meeting on line, go to: www.deschutes.org/meetings Board of Commissioners BOCC Meeting Agenda Wednesday, March 10, 2021 Page 3 of 4 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. This event/location is accessible to people with disabilities. If you need accommodations to make participation possible, please call (541) 617-4747. FUTURE MEETINGS: Additional meeting dates available at www.deschutes.org/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 BOCC Meeting Agenda Wednesday, March 10, 2021 Page 4 of 4 cn °i o O-) m Ln O o r- m � N N o � N O O O O O O O O O O O O O O O d N O 00 ilO It N TTl- - anMsod sisal 10 Iu83aad 0 0 0 0 0 0 0 0 0 0 c f 00 r I.D Sri d m c.i .-i CDJET Y -'- -- — -' -- — ' — _ ..... /� s30 C-1 V) V) � H a 0 OC'/ a l > > - ;? +u �, b. 1 i /� � � Z a a ` �/� o w Ok, u 4-o e. v c, v T /l vv) o W ® O = Q 6 r/l0 � o b0 } ,) �r Q ® c' lino 19c, r 04 > / O 4 co Lva 6./, .1 i 4� 1, °1 4� V) S/ �l oovo 0 Ov ® /rr�c'/ pp Oro V ra lI o o ao m sr au E rI do O vi riI Ln �- a 1 — i�4-'au O rl V /Ir ' O o 0 0 0 0 0 0 0 lr m o ao - c 0 0 000 0 � E O � sisal jo aagwnN , 0 (, v (v C- mof�- Y � Y N � aJ N_ O 2 = � C C E v E v `�� o� o� N n N � M N N N N N � N H � m > LL 0 CO 4- c O O N - L C Q a1 N E � a1 C Q' ( E 4- LA L 00 =3 4- t O 4+ M a) O � �n �N aJ b0.0~ tYii C 'C m O N u cn 4- cu a MA ) N O b0•i E �� O vyv 4� O C QE vi O = a) 4� 4T c� Cu v C L a) u C u C :3 •— O V O V 0 in V) L 4� O 4- :3 C O t L u(1)u in > cn (L)Ov 0(DM 4J 1,0 lD oo � Ln r,4 ryi o rn w fu ul 0- (A V) -0 _0 4-J 4-J .0 4-J 41 u 4-J ra 0- u Q- V) a) C) 0 0 (D 0 0_0 Q 0-0 0- 0- u 0Q) 0-0 C) V) r) 0 1 V) 4-J (1) c 4-J ro ry 0 u C >, 0-0 * 7-3 ra C: O 0 u ro ra 75 > C)L 0 0- ro C u u ro LA O - O ro u u ro CL 0 (1) 0- N '0, M .............. V) a) Ln 0 0 Ln LI) a) (A V) 0 a) _0 V) 06 C) ro 0 a) .N 4-- _r_ 0 CL —0 Ja s3 a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1:t C14 0 00 CD "t (N rH IH --I N Ln CF) Ili Ln 00 aJ CLO 0 4--J 0 4-J C: D 0 u _0 (1) 4- 4--J L/I ui Ln ell �U a> U blo m® u aj aj XZ- a Ul w -� l�C T O R T• r RO QJ cv ..Q ca rL W W aj e «i ro `u o G 2 N ` .V N N aJ 0 w. y p N "O° CJ CV ® a OJ y t9 'O C C N b d 2 � � N NN —UG �A o a U N p a u. :E E E o 't- N 1� -5 a _ ay N �' o Fm ---��q 04 to aCD %�q o k SFs N ? c CL ar «� • i N ry a CD N Is) III ']ILL . a p YN7).N `iJ O C V. m N y U c N CD M 4) OY c U O ® C31 c RS E ttY GY. p N tU ^...t" !� U t .x f0 .i " ..G S x �. CD +�'' Q V -. � Cc,,d C,5 p, t6 0 O 2t (� fC3 IO O 'L7 t�0 � CD p Z- O_ L Q `S- <C O ..._ CDT p . t G Ni = cG Z N t2 •�` a„ �!" ids k OD µ as N U3 a G � w 'IC C O� i m O O U d v 4 ...- Q.'— R4 ++ 6.. C5 a� L m 0Ei w N E Q1 a5 E2 w .r4 4n 5 ab y N •.3. "L'9 0 48 O d sNs-.,, N QY IrNC. U d e ro Q ro N `J E ra:.q"e G/ U CL p i E 2 o E o Nu =s '4 N yam- V b N lG Q) lV' w N : .� A J. N .2 V E b uj r � M J 7 Cc uj -X4,uj � �ls z r �4 -OW 5 s \ON r� z ui yY uj Nyy N• M 1� pF Sy' 7 w 3 j C �s �ANN� Y? J f4: * i r ru . ce c C118 CIO C6 CD 0 0 E S CMG o� 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 BOCC Wednesday Meeting of March 10, 2021 DATE: March 3, 2021 FROM: Christopher Bell, Legal, TITLE OF AGENDA ITEM: PUBLIC HEARING and Consideration of Board Ordinance No. 2021-003 Text Amendments to DCC 8.30 Ambulance Service Area and to the Ambulance Service Area Plan for Deschutes County RECOMMENDATION & ACTION REQUESTED: Hold hearing, consider and approve BACKGROUND AND POLICY IMPLICATIONS: The Deschutes County Ambulance Service Area ('ASA') Subcommittee is proposing changes to Chapter 8.30 of the Deschutes County Code, including Appendix A to Chapter 8.30 (the ASA Plan) to allow franchisees the latitude to use subcontractors in to provide certain ambulance services with prior approval from the Board of County Commissioners. The changes also include grammatical and spelling corrections, and some editing and re- organizing to update the Code and the ASA Plan and to make them clearer and more easily understandable. These changes have been reviewed and approved by Legal Counsel and now come before the BOCC for consideration pursuant to DCC 1.01.012. FISCAL IMPLICATIONS: None ATTENDANCE: Chris Bell, Legal; Tom Kuhn, Health REVIEWED /s/CB LEGAL COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Chapter 8.30, Ambulance Service Area, of the Deschutes County Code and * ORDINANCE NO. 2021-003 Amending Appendix A to Chapter 8.30 — the Ambulance Service Area Plan for Deschutes County, and Declaring an Emergency. WHEREAS, the Deschutes County Ambulance Service Area ("ASA") Advisory Committee is comprised of representatives from each ambulance service provider franchise in each ASA identified in the Plan, as well as a representative from the Deschutes County Health Department, Deschutes 9-1-1, the Deschutes County Emergency Manager, and a citizen member and physician advisor; and WHEREAS, the Committee appointed a subcommittee of members to review and draft amendments to Chapter 8.30 ASA of the Deschutes County Code ("DCC"), including Appendix A to Chapter 8.30 (the ASA Plan); and WHEREAS, the subcommittee approved these amendments to allow franchisees to use subcontractors with nrinr annrnval from the Deschutes Countv Board of County Commissioners ("Board"), and also to update, edit, and clean up the language of DCC Chapter 8.30 and the ASA Plan; and WHEREAS, Deschutes County Legal Counsel has reviewed and approved these changes pursuant to DCC 1.01.012; and WHEREAS, the Board considered these amendments at a duly noticed public hearing on March 3 and March 10, 2021 and concluded that the public and ASA operations will benefit from the amendments, now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. DCC 8.30 is amended to read as described in Exhibit "A," attached hereto and by this- reference incorporated herein, with new language underlined and language to be deleted in strikethrough. Section 2. AMENDMENT. Appendix A to DCC 8.30, The Ambulance Service Plan for Deseh•es G: unty, is hereby adopted to read as described with new language underlined and language to be deleted in strikethrough in Exhibit `B," attached hereto and by this reference incorporated herein. Section 3. EMERGENCY. This ordinance being necessary to address the need for immediate changes to the ASA to preserve public peace, health, safety and welfare, an emergency is declared and the Ordinance becomes effective thirty (30) days after adoption. PAGE 1 OF 2 - ORDINANCE NO.2021-003 Dated this of 920 ATTEST: Recording Secretary Date of I" Reading: Date of 2nd Reading: Commissioner Patti Adair Anthony DeBone Phil Chang Effective date: ATTEST Recording Secretary day of ,20 . day of , 20 . BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ANTHONY DeBONE, Chair PHIL CHANG, Vice Chair PATTI ADAIR, Commissioner Record of Adnntinn Vote Yes No Abstained Excused day of , 20 . PAGE 2 OF 2 - ORDINANCE NO.2021-003 Chapter 8.30. DESCHUTES COUNTY AMBULANCE SERVICE AREAS 8.30.010. Title. 8.30.020. Purpose. 8.30.030. Definitions. 8.30.035. Ambulance Service Area (ASAP Advisory Committee -Established. 8.30.040. Administration. 8.30.045. Service Providers Regulated. 8.30.050. Franchise -Application. 8.30.055. Franchise -Review of Application. 8.30.060. Franchise -Terms and Renewals. 8.30.065. Franchise -Discontinuance of Service; Transfer. 8.30.070. Subcontracting of Services by Franchisees 8.30.0-70075. Enforcement. 8.30.07-5080. Interruption of Service -Prevention. 8.30.080085. Appeals, Abatement and Penalties. 8.30.085090 Franchise Duties. 8.30.090095. Exemptions. 8.30.100 Appendix A - Ambulance Service Area Plan for Deschutes County, Oregon 8.30.010. Title. This title shall be known as the "Deschutes County Ambulance Service Areas." (Ord.._2021-003.,§_1_z2021;_Ord.98-064 §1, 1998) 8.30.020. Purpose. A. The purpose of DCC 8.30 is to establish ambulance services areas, assign emergency ambulance service providers, recognize non -emergency and inter -facility ambulance providers, create an ambulance service area ASA advisory committee, provide penalties for violations of its provisions and prescribe effective dates. B. For the efficient and effective provision of emergency, non -emergency, and inter -facility ambulance services in accordance with the Ambulance Service Area (ASA) Plan_fASA Plan), which is found in Appendix A to this Chapter, the ambulance service areas shown on the map known as Appendix #1 of the ASA Plan is -are hereby adopted as the ambulance service areas ASA for Deschutes County. The Board, after notice to the affected ASA provide franchisee within each ASA and by the adoption of an order, may adjust the boundaries of an ASA from time to time as necessary to provide efficient and effective e -gene-y-ambulance services. (Ord., 2021-003_§ 1 „ 202 i_ _Ord. 98-064 § 1, 1998) 8.30.030. Definitions. Unless otherwise apparent from the context, certain words and phrases used in DCC 8.30 are defined as set forth in the Ambulanee Sefyiee .kreaASA Plan for Deschutes County, Oregon, Appendix A to this Chapter. 2021-0_03 � 1,_2021_z Ord. 2003-023 § 1, 2003; Ord. 98-064 § 1, 1998) 8.30.035. Ambulance Service Area (ASA)-Advisory Committee -Established. A. A committee to be known as the Ambulance Service Area Advisory Committee (Ceommittee) is hereby established. Chapter 8.30 1 (05/201803/2021) 1. The eemmitteeCommittee shall consist of not less than twelve and no more than fourteen members from the following: a. Emergency department physician. b. Deschutes County Health Department representative. C.1 �r� ,: aor r ��tat .e A rRepresentatives from the franchisees in each 4anehise4-of the ASAs within Deschutes County. d. Deschutes County Emergency Manager e. 9-1-1 center representative. f. Citizen member. 2. The Board shall designate a County staff member as the ASA Administrator. The Administrator and other employees of the County Npointed by staff as the Board as it deems appropriate shall be ex- officio members of the committe Committee. B. Members of the Committee shall be appointed by and serve at the pleasure of the Board. The Board may appoint additional persons to the eammittee-Committee to serve as ex-officio members or advisors. The Board may approve designation of alternates to serve in the absence of persons appointed to the oommitteeCommittee. C. Except for the ASA Administrator and any other County staff, appointments to the Committee shall be for staggered terms fbr-a-ter Otto exceed-tlyee-years, Subseg-uentappc{ntr�iLnts hall--be--for--two-year terms. Members shall serve until their successors are appointed -and -qualified. Vacancies shall be filled by the Board for the balance of the unexpired term. Members of the Committee may be appointed to successive terms. D. The eommitteeCommittee shall elect a chairperson. The commi4ee Committee shall meet at such times it deems necessary or as called by the Administrator or the Board. The chairperson or any two members Lrl LiI1G downifccocMay ca1ii1 aspecial1 meeting with fVv days' notice too other members, of the _ committee_Cotnmittee. However, members may waive such notice. E. A quorum constitutes one-half of the eommittee Committee members plus one for the transaction of business. _A majority vote of those present and voting is required to pass motions concerning actions to be taken by the Committee. F. In addition to an other duties prescribed within DCC 8.30, the coi �t�--Cotn n ttee-shall: —.Z' p � 1. Review and make recommendations to the Administrator regardingthe requirements for establishing franchises to provide ambulance services within the County. 2. Review and make recommendations to the Administrator regarding the ry 1e-criteria for ,a�,,g_selectin>; a franchisee to provide ambulance services within the County. 2- . Regularly provide information to the Board from pre -hospital care consumers, providers and the medical community concerning the activities and performance of franchisees. -4. Periodically review the ASA Plan and make recommendations to the Board in -with --regard to: a. Standards established in the ph-m-Plan and improvements to such standards, of or the addition of new standards as required by OAR 333-260-0000 through 333-260-0070; b. Coordination between emergency medical service resources; c. Dispatch procedures and compliance; and d. Effectiveness and efficiency of the ASA boundaries. 45. Implement the quality assurance program outlined in the ASA Plan to inswe ensure compliance with the ASA Plan. 56. Perform such other duties as directed by the Board. G. Committee members shall avoid acting in any manner where a conflict of interest may arise. Any co,,nini e-Comi�nittee_member having a direct or indirect financial pecuniary interest in any matter before the oowm tree Co1nmittee for consideration shall withdraw from participation in any action by the Chapter 8.30 2 (05/201-9.03/2021) eemnittee Committee in said matter. Nothing in DCC 8.30.035 shall limit the ability of any person to provide testimony before the eemmitteeCommittee. (®rd, z021.7003-_§1,_2021 _Ord. 2013-005 §1, 2013 Ord. 2003-023 §2, 2003; Ord. 98-064 §1, 1998) 8.30.040. Administration. The Administrator, under the supervision of the Board and with the assistance of the eommitteeCommittee, shall be responsible for the administration of the ASA Plan and ensure compliance with DCC 8.30._ In order to carry out the duties imposed by the ASA Plan and DCC 8.30, the Administrator, or persons authorized by the Administrator, are authorized to enter on the premises of any person regulated by the ASA Plan and DCC 830 at reasonable times and in a reasonable manner to determine compliance. The Administrator shall also have access to records pertaining to ambulance service operations of any person regulated by the ASA Plan. These records shall be made and provided as requested by the Administrator. (®L4_2Q2.1-003� 1,_ 2021-s, Ord. 98-064 §1, 1998) 8.30.045. Service Providers Regulated. A. £e ti v Mum 14; -1497-no-_No person or entily shall provide emergency ambulance services within Deschutes County unless such person­gLentity is franchised in accordance with DCC 8.30 or is an ambulance service provider that has been authorized by the Board to contract with, and has in fact contracted with a franchisee to provide such services pursuant to DCC 8.30.070. Each franchisee retains the first right of refusal for non -emergency and inter -facility ambulance transports originating within their ASA boundaries. The fmayranehiseeo inter- f oilit ,ab,bul e- B. If there is more than one application made for a franchise within an ASA, the provider that meets the application requirements of DCC 8.30.050 and that was providing ambulance services on -the effective ote of thicnae pursuant, to DCC-8.30 shall be franchised to provide emergency ambulance services for the ASA. (Ord. 2021_-003_h2021 Ord. 2013-005 §1, 2013; Ord. 98-064 §1, 1998) 8.30.050. Franchise -Application. A. Any person or entity desiring to provide ambulance service within Deschutes County shall submit an application to be assigned a franchise within an ASA �iVhin-30yF,-of ffee i-✓e ate e h c�rdi nea• The application shall be submitted to the Administrator. B. Applications for franchises shall be on forms provided by the Board. In addition to information required by the forms, the Board may require additional information it deems necessary to inensure compliance with DCC 8.30 including the ASA Plan, or to make a more informed decision. C. The applicant shall provide the following information: 1. The name and address of the �_ �applicant. 2. The ASA the person or entijy desires to serve, the location(s) from which ambulance services will be provided, and the level of service to be provided. 3. A statement as to whether or not the applicant will subcontract for any service to be provided. If some service will be provided by subcontract, a copy of that subcontract shall be provided. 4. A list of vehicles to be used in providing emergency ambulance services including year, make and model, and verification that each vehicle is licensed as a basic and/or advance life support ambulance by the Oregon Health Authority. 5. A statement that all equipment and supplies in each ambulance conforms to Health Authority standards. 6. A list of personnel to be used in providing emergency ambulance service and their current Emergency Medical Services Provider level and license number, or other appropriate certification. Chapter 8.30 3 (05/201903/2021) 7. Proof of financial ability to operate, including an operating budget for public bodies or financial statement for private entities, references, and a statement of -demonstrating the provision of past ambulance service. Private companies must include a profit and loss statement in addition to the above materials. Other appropriate financial information such as income tax returns or reports by governmental authorities shall also be submitted upon request. Public bodies must provide information regarding the sources and amounts of funding for emergency ambulance services. 8. Proof of public liability insurance in the amount of not less than the limits of liability provided under the Oregon Tort Claims Act, ORS 30.260 to 30.300. Public agencies may in lieu of insurance establish a program of self-insurance in accordance with State law. 9. A statement of experience in providing emergency ambulance service of a comparable quality and quantity to insure ensure compliance with DCC 8.30, regulations promoted thereunder, any franchise issued, and the ASA Plan. 10. Statement of ability to comply with the rules and regulations of the ASA Plan and applicable County ordinances, in the form of a narrative summary. 11. A description of any prepaid ambulance plan, including number of years of operation, funding and term. 12. Any other materials or information requested. 13. In the case of an application to transfer or take over an already assigned franchise: a. A detailed summary of how the proposed change will improve emergency ambulance response time-, and the quality and level of services to the ASA. It shall also include an assessment of how the proposed change will impact the existing first response system. b. Evidence that the call volume in the ASA is sufficient to financially or otherwise justify the change in service. c. Any other records or materials requested. D. The Board may, from time to time, by order, adopt fees to defray the actual reasonable costs incurred by Deschutes County in processing applications, and adopt annual franchise fees to defray reasonable costs rr% i ,.. n 4. ' ] ,,; 'roc;,, . tl— A S A Plan and ensuring compliance with DCC' 8,30: Vl Deschutes < %JUIILy III auuaai'ii�waaaab a � compliance — E. Franchise applications shall be reviewed by the " c " ^ ffl-m-itteeCommittee, who will make a recommendation of -as to the assignment of franchises within theeach ASAs to the Board. The assignment of franchise within an ASA shall be made by an order of the Board. (Q d,2021,-003_.§ _202.1_;_Ord. 2013-005 §1, 2013; Ord. 98-064 §1, 1998) 8.30.055. Franchise -Review of Application. A. Applications shall be reviewed by the eon-,fai-tttieCommittee, who shall make such an investigation as it deems appropriate, and who may request assistance of other persons as necessary. B. The Administrator shall notify ASA-the franchisee within any ASA of any applications by another person to take over that franchise. C. Unless the time is extended by the Board for good cause, the committee shall make its recommendation to the Board to grant, deny, modify, or attach appropriate conditions to the application. The eomm�e Committee shall transmit its recommendation within 60 days after the application. D. Upon receipt of the wamitt=ems-Committee's recommendation, the Board: 1. Shall publish notice of its intent to hold a public hearing on the application and the Committee's recommendations at least 10 days, but not later than 30 days following publication of such notice. 2. May require additional investigation by the :inn eee—Committee if it finds that there is insufficient information on which to base its action. 3. Shall, upon the basis of the application, the eommittee'sCommittee's recommendation, such other information as is permitted by DCC 8.30, and such information as is presented to the Board at the public hearing, make an order granting, denying, or modifying the application or attaching conditions thereto. Chapter 8.30 4 (05/201803/2021) 4. Shall not make an order adverse to the applicant or to the holder of, or applicant for, another franchise effective less than 30 days after the date of such order and shall notify such persons in writing of the order. The Board may suspend operation of this DCC 8.30.055 and enter an emergency order if it finds there is an immediate and serious danger to the public, or it findsor a health hazard or public nuisance would be created by a delay. �— - After the Board makes an order- gran 'ing an emergeney ambulanee sen,iee 4anehise with or without conditions, and the franehise4nds; lhw/she is unable to provide a partioular serviee, the Board may permit the ftanehise to subeonfraof --Mloh serviep, to ano*er per -son if the Board finds that the quality and ex4ent of the serviee would not be jeopardized. The Board may require the filiRg of sdCh infiqrma4ion, as it deems neeessary. (Ord. 2021 00 _ $)_, 2021;_Ord. 98-064 § 1, 1998) 8.30.060. Franchise -Terms and Renewals. A. , 2000. AB.'TThereafte rr aad uriless-Unless the Board finds that a longer or shorter term is required in the public interest, the term of an emergency ambulance service franchise shall be a continuing ten (10) years beginning on July 1 and ending June 30 ten years later. GB. _Unless grounds exist for refusal to renew a franchise under provisions for suspension or revocation as set forth within DCC 8.30, or unless t1w-a franchise is to be awarded to a new person or entity, oi+- july i st of each year, the franchises will be automatically renewed on July Pt of each year for a term of one (1) year, unless the Board notifies the -a franchisee at least 60 days in advance of July 1 st, of its intent not to renew the franchise. Upon notice from the Board of intent not to renew, the term of the current franchise will be no more than fpie4-5)-two 2 ears from the date of notice of intent not to renew. DC.Not more than 180 days and not less than 120 days prior to the expiration of the franchise, any person or entity desiring to take over the -a franchise shall submit an application to the Administrator. D Review of all applications for -to take over of -a franchise shall be conducted in accordance with the provisions of DCC 8.30. (rd. 2021-0Q3 § l_, 2021�_Ord. 2018-004: Ord. 2003-023 §3, 2003; Ord. 98-064 § 1, 1998) 8.30.065. Franchise -Discontinuance of Service; Transfer. A. If a franchisee discontinues service before the expiration date of hisAwrits franchise, the Board shall set a time by which applications must be submitted for a new franchise in the ASA. B. The c mi#se Committee shall develop an interim plan for coverage of the ASA, using existing franchisees and/or other available resources until the ASA franchise can be reassigned. C. The Board shall issue a temporary certificate, valid for a stated period not to exceed six months, entitling a person to provide emergency ambulance service in all or part of the ASA. The Board may renew a temporary certificate for one additional six month period. D. A franchisee may transfer its franchise to another person only upon written notice to and approval by the Board. Review of an application for transfer of a franchise shall be conducted in the same manner as for an application pursuant to DCC 8.30. (Qrd._2021-00Q­ § 1- f021,LOrd. 98-064 § I, 1998) 8 30 070 Sub -contracting of Services by Franchisees. A A franchisee wishing to contract with another ambulance service provider to provide emergency ambulance services within the boundaries of its ASA must first obtain approval from the Board to do so. Before such approval will be provided by the Board: Chapter 8.30 5 (25/-20-8:03/2021_) I Contracts assigning the�rovision of emergency ambulance services from a franchisee to a subcontracted ambulance service provider shall be in writing. The franchisee will provide the proposed contract with a proposed subcontracted ambulance service provider and any supporting materials to the Board for its review and approval, and 2 The proposed subcontracted ambulance service provider must be vetted and approved by the Board to provide emergency ambulance services usingthe he application process outlined in DCC 8.30.050 - Franchise -Application. B. A franchisee may contract with another ambulance service provider to provide non -emergency or inter - facility ambulance transports so long as the quality, effectiveness and scope of such services are at all times maintained by the subcontracted ambulance service provider. Contracts assigning the provision of non emergency and inter -facility ambulance transports to a subcontracted ambulance service provider shall be in writing_ C. Franchisees may contract for emergency ambulance services or non -emergency or inter -facility ambulance transports with a private non -governmental entity or person as otherwise provided herein. Franchisees may contract with a private non -governmental entity or person for a term of up to two years. Franchisees must request authorization from the Board to renew such contracts at least forty-five (45) days prior to the expiration of the term of any such contract. Renewal requests may be authorized by the Board so long as the requirements placed on subcontracted ambulance service providers in paragraphs (A) and (B) above as applicable are maintained and so long as an acceptable record of service is demonstrated to the Board. D. Any ambulance service provider approved to contract with a franchisee to provide emergency ambulance services or non -emergence or inter -facility ambulance transports as provided herein shall not have the status of franchisee but will rather be an approved subcontractor of the franchisee within the boundaries of the franchisee's ASA. _..Any ambulance service provider contracting with a franchisee to provide emergency ambulance services or non emergency or inter -facility ambulance transports as provided herein must comply with all applicable requirements found in DCC 8 30 090(A) through (D) in the performance of such services. f0rd._ 202.1-003 § 11, 202.1;) 8.30.0750. Enforcement. A. Subject to the policies and remedies stated in DCC 8.30, and penalties provided elsewhere in DCC 8.30, the Administrator shall, upon reasonable cause, make initiate an investigation to determine if there is sufficient reason and cause to suspend, modify, revoke, or refuse to renew a franchise as provided in DCC 8.30.070075. B. If in the judgment of the committee Committee or Board, there is sufficient evidence to constitute a violation of applicable local, state or federal law, or if the franchise has materially misrepresented facts or information given in the application for the franchise, the Board shall notify the franchisee in writing, by certified mail, or by personal service, as is provided by law for the service of a summons, of the violation and what steps he must take to cure the violation. The Board shall send a copy of the notice to the-comenn-ittee Committee. C. Ten days following the receipt of notice of violation, the Board may enter its order of revocation, modification, suspension or non -renewal, and may thereby revoke, modify, suspend, or not renew the franchise, unless prior thereto the franchisee shall file with the Board his request for a hearing on the Board's notice of violation. If said request is timely filed, or if the Board moves on its own, revocation, modification, suspension, or non -renewal will be stayed until the Board can, at its earliest convenience, hold a public hearing on the matter. Notice of said hearing shall be given to the franchisee by mail and to all others by publication in a newspaper of general circulation in the County or the ASA at least 10 days prior to such hearing. The burden of proof at the hearing shall be upon the Administrator to show by Chapter 8.30 6 (05/201803/2021) substantial evidence in the record as a whole that the franchisee failed to comply with DCC 8.30, the ASA Plan, state statute, or administrative rule. D. In lieu of the suspension or revocation of the franchise, the Board may order that the violation be corrected and make the suspension or revocation contingent upon compliance with the order within the period of time stated therein. Notice of the Board action shall be provided by mail to the franchisee. The notice shall specify the violation, the action necessary to correct the violation, and the date by which the action must be taken. The franchisee shall notify the Board of the corrective action taken. If the franchisee fails to take corrective action within the time required, the Board shall notify the franchisee by certified mail, return receipt requested, or by personal service, that the franchise is suspended or revoked upon service of the notice. E. Should the franchisee fail to comply with the Board's order, then -the Board may take any steps authorized by law to enforce its order. (Ord._ 2021-003 § 1, 2021.-,Ord. 98-064 § 1, 1998 8.30.0-7-5080. Interruption of Service -Prevention. Whenever the Board finds that the failure of service would adversely impact the health, welfare or safety of the residents of this County, the Board shall, after reasonable notice, but not less than 24 hours' notice to the franchisee, hold a public hearing. Upon appropriate findings after the hearing, the Board shall have the right to authorize another franchisee or other person to provide services. Ord. 98-064 §1, 1998) 8.30.080085. Appeals, Abatements and Penalties. A. All the decisions of the Board under DCC 8.30 shall be reviewable by the Circuit Court of the State of Oregon for the County of Deschutes, enfy-solely by way of writ of review. B. The provision of emergency ambulance service by any person in violation of DCC 8.30, or regulations promulgated thereunder, i3 a nuisance and the .r,mirt mny� in aljrjitinn to other remedies provided by law or by DCC 8.30, institute injunctive abatement or other appropriate legal proceedings to temporarily or permanently enjoin or abate such emergency ambulance service. C. Any person who violates any of the provisions of DCC 8.30 is guilty of a violation. Failure from day to day to comply with the terms of these provisions shall be a separate offense for each day. Failure to comply with any provision shall be a separate offense for each such provision. D. Violations of these provisions are punishable, upon conviction, by a fine of not more than $500.00 for a non -continuing offense, i.e., an offense not spanning two or more consecutive calendar days. In the case of a continuing offense, i.e., an offense which spans two or more consecutive calendar days, violations of the provisions is punishable by a fine of not more than $500.00 per day up to a maximum of $1,000.00 as provided by law. (Or d. 2021-003 _ § 1, 202 I_;_Ord. 98-064 § 1, 1998) 8.30.08-5090. Franchisee Duties. The Franchisee: A. Shall conduct its operation in compliance with all applicable state and federal laws, rules and regulations, the terms of this -Ord -fiance :DCC _8.30 and the Deschutes County ASA Plan; B. Shall not fail or refuse to respond to an emergency call for service when an ambulance is available for service; C. It is expected that billing and invoicing for services performed by franchisees will be performed according to applicable state federal or local law. CD. Shall not respond to a medical emergency located outside its assigned ASA except: 1. When a request for specific emergency ambulance service is made by the person calling for the ambulance and the call does not dictate an emergency service response; Chapter 8.30 7 (05/2G 1303/2021) 2. When the franchisee assigned to the ASA is unavailable to respond and the franchisee is requested by another franchisee or 9-1-1 dispatch to respond; 3. When the response is for supplemental assistance or mutual aid. DE. Shall not voluntarily discontinue service to its assigned ASA until it has: 1. Given 60 days written notice to the Administrator, or 2. Obtained written approval of the Board. EF. DCC 8.30.09095(EA)__(A-)-shall not apply to: 1. Change, restriction or termination of service when required by any public agency, public body or court having jurisdiction; or 2. Transfer of franchises pursuant to DCC 8.30. (QT ._20.21-00 _._ _I_,_202_l;_Ord.98-064 §1, 1998) 8.30.090095. Exemptions. A. Nothing in DCC 8.30 prohibits a 911 agency, responsible for the dispatching of emergency services, from dispatching an initial responder to the scene of a medical emergency in addition to dispatching an emergency ambulance service provider. B. DCC 8.30 shall not apply to the following: 1. Ambulance services and ambulances owned or operated under the control of the United States Government; and 2. Vehicles and aircraft being used to render temporary assistance in the case of a major catastrophe or emergency with which the ambulance services of the surrounding locality are unable to cope, or when directed to be used to render temporary assistance by an official at the scene of an accident; and 3. Vehicles operated solely on private property or within the confines of institutional grounds, whether or not the incidental crossing of any public street, road or highway through the property or grounds is involved; and 4. Ambulances or vehicles not covered by the Deschutes County ASA Plan transporting patients from outside the County to a health care facility within the County, or which are passing through without a destination in the County. 2021-003_ § 1. 2021. Ord. 98-064 § 1, 1998) Chapter 8.30 8 (05/20-1803/2021) G1 0 AMBULANCE SERVICE AREA PLAN DESCHUTES COUNTY, OREGON Table of Contents Chapter 8.30 APPENDIX A (520183/2021) I. Certification By Governing Body of Deschutes County ASA Plan.................................................................................... Page 4 II. Overview of Deschutes County................................................................................ Page 5 III. Definitions................................................................................................................ Page 6 IV. Boundaries 1. Ambulance Service Area Narratives and Description........................................................ Page 9 2. Maps.................................................................................................................................. Page 15 3. Alternatives to Reduce Response Times........................................................................... Page 15 V. Systems Elements 1. Notification/Response Times............................................................................................ Page 16 2. Level of Care..................................................................................................................... Page 16 3. Personnel........................................................................................................................... Page 17 4. Medical Supervision..........................................................................................................Page 17 5. Patient Care Equipment..................................................................................................... Page 17 6. Vehicles............................................................................................................................. Page 17 7. Training............................................................................................................................. Page 17 8. Quality Assurance............................................................................................................. Page 18 8.1 Structure.......................................................................................................................... Page 18 8.2 Process.............................................................................................................................Page 18 8.3 Problem Resolution......................................................................................................... Page 19 8.4 Sanctions for Non -Compliant Personnel or Providers .................................................... Page 19 n c Penalties nt Page 20 8.6 Nuisance.......................................................................................................................... Page 20 9. Nonemergency Transports................................................................................................ Page 20 VI. Coordination 1. Authority for Ambulance Service Area Assignment......................................................... Page 21 2. Entity That Will Administer The ASA Plan..................................................................... Page 21 3. Complaint Review Process................................................................................................Page 21 4. Mutual Aid Agreements.................................................................................................... Page 21 5. Disaster Response.............................................................................................................. Page 22 5.1 County Resources Other Than Ambulances.................................................................... Page 22 5.2 Out of County Resources................................................................................................. Page 22 5.3 Mass Casualty Incident Plan........................................................................................... Page 22 6. Coordination......................................................................................................................Page 23 7. EMS Responder Guidelines.............................................................................................. Page 23 8. Personnel and Equipment Resources................................................................................. Page 23 9. Emergency Communications and Systems Access 9.1 Telephone Access............................................................................................................Page 23 9.2 Dispatch Procedures........................................................................................................ Page 24 9.3 Radio System...................................................................................................................Page 24 10. Emergency Medical Services Dispatcher Training......................................................... Page 25 VII. Provider Selection Chapter 8.30 APPENDIX A (/2 83/2021) 1. Reassignment of an ASA................................................................................................... Page 25 2. Application Process for Applying for an ASA..................................................................Page 25 3. Notification of Vacating an ASA...................................................................................... Page 25 4. Maintenance of Level of Service..................................................................................... Page 26 VIII. Franchise Agreement................................................................................................Page 26 IX. County Ordinances and Rules.................................................................................. Page 26 Chapter 8.30 APPENDIX A (5/2-8-1-83/2021) I. CERTIFICATION OF DESCHUTES COUNTY AMBULANCE SERVICE AREA PLAN The undersigned certify pursuant to Oregon Administrative Rule 333-260-0030 (2)(a)(b)(c) that: 1. Each subject or item contained in the Deschutes County Ambulance Service Plan has been addressed and considered in the adoption of the planPlan by this body. 2. In this governing body's judgment, the ambulance service areas established in the pl-allP_lan provide for the efficient and effective provision of ambulance services. 3. To the extent they are applicable, the County has complied with ORS 682.062 and 682.066 and existing local ordinances and rules. DATED this 2�t1i- _day of Juanuaryz — 202.1-I3. ATTEST: Recording Secretary BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A„a�zz gerAnthofly I3e13one Chair Tai army -Berney Phil Chang, Vice Chair A«thony, _ eRone Patti Adair, Commissioner Chapter 8.30 APPENDIX A ( 83/2021) II. OVERVIEW OF DESCHUTES COUNTY Deschutes County is located in the geographic center of the state. The County covers approximately 3200 square miles, extending east about 105 miles from the crest of the Cascade Mountains to the Harney County line, and spreading 53 miles from north to south beginning at the Jefferson County line and terminating at its southern border along Klamath and Lake Counties. Population of the county as of 2024-0 was 137,733,197,692. The City of Bend, with a population of 76;639100,430, and the City of Redmond with 26,244 0,167, are the county's largest cities. Both are located on Highway 97, which runs north and south through the county. Other population areas are the City of Sisters, located along Highway 20 between Black Butte Ranch and Bend with a population of 2;9342, 443, and the City of La Pine in the Southern portion of the county with a population of '�2, 443. Health care industry, tourism, and small business provide the basis of the county's economy. Chapter 8.30 APPENDIX A (5/2" 3/2021) III. DEFINITIONS 1. "Address and consider" has the meaning given these terms by ORS 682.062. 2. Advanced Emergency Medical Technician (AEMT or Advanced EMT)" means a person who is licensed by the Division as an Advanced Emergency Medical Technician. OAR 333-265- 0000(1). 3. "Ambulance: has the meaning given that term by ORS 682.025(1). 4. "Ambulance Service" has the meaning given that term by ORS 682.025(2). 5. "Ambulance Service Area (ASA)" means a geographic area which is served by one ambulance service provider, and may include all or a portion of a county, or all or portions of two or more contiguous counties. 6. "Ambulance Service Plan" means a written document, which outlines a process for establishing a county emergency medical services system. A plan addresses the need for and coordination of ambulance services by establishing ambulance service areas for the entire county and by meeting the other requirements of these rules. Approval of a plan will not depend upon whether it maintains an existing system of providers or changes the system. For example, a plan may substitute franchising for an open -market system. 7. "ASA Advisory Committee (Committee)" means a committee formed to review standards, make recommendations to or set new standards for the Board of County Commissioners for all matters regarding EMS and review and make recommendations regarding soundness of the ASA. 8. "ASA Administrator" is the person designated by the Board of Commissioners to administer the ASA ordinance and pln.P a14 . 9. "Qa-u -Priority Dispatch" is a system used by the PSAP to prioritize calls from least severe to most severe. Omega, r ' H,calls " � " d " " considered non - o , """ 10. "Communication System" means asystein__of_two-way radio communications between ambulances, dispatchers, hospitals and other agencies as needed. A two -channel multi -frequency capacity is minimally required. 11. "Deschutes County Board of Commissioners (Board)" means the elected governing body that has jurisdiction over the Deschutes County ASA Plan. 12. "Division" means the Oregon Health Authority, Emergency Medical Services and Trauma Program. 13. "Effective Provision of Ambulance Services" means ambulance services provided in compliance with the County Ambulance Service Plan provisions or boundaries, coordination and system elements. 14. "Efficient Provision of Ambulance Services" means effective ambulance services provided in compliance with the County Ambulance Service Plan provisions for provider selection. Chapter 8.30 APPENDIX A (520-1-83/2021) 15 "Emergency" means those medical or trauma conditions that manifest themselves by symptoms of sufficient severity that a prudent layperson possessing an average knowledge of health and medicine would reasonably expect that failure to receive immediate medical care would place the health of a person or the fetus in the case of a pregnant woman in serious jeopardy. An emergency condition also includes any condition specifically dealt with in the emergency medical dispatch system adopted by Deschutes County 911. 16 `Emergency Ambulance" means that ambulance provider designated by the Board as the sole ambulance provider for an assigned ASA. 17 "Emergency Ambulance Provider" means that ambulance provider designated by the county as an emergency ambulance provider for an ASA. 4-5-18. "Emergency care" means the performance of acts or procedures under emergency conditions in the observation, care and counsel of persons who are ill or injured or who have disabilities; in the administration of care or medications as prescribed by a licensed physician, insofar as any of these acts is based upon knowledge and application of the principles of biological, physical and social science as required by a completed course utilizing an approved curriculum in pre -hospital emergency care. However, "emergency care" does not include acts of medical diagnosis or prescription of therapeutic or corrective measures. ORS 682.025(3). 4-6--19. "Emergency Medical Responder (EMR)" means a person licensed by the Division as defined in OAR 333-265-0000(14). 4-7-.20. "Emergency Medical Services (EMS) Agency" means any person, partnership, corporation, governmental agency or unit, sole proprietorship or other entity that utilizes Emergency Medical Services Providers to provide pre -hospital emergency or nor. -emergency care. An emergency medical services agency may be either an ambulance service or a non. -transporting service. OAR 333-265-0000(15). 4-8-21. "Emergency Medical Services Provider (EMS Provider)" means a person who has received formal training in pre -hospital and emergency care and is state -licensed to attend to any ill, injured or disabled person. Police officers, fire fighters, funeral home employees and other personnel serving in a dual capacity, one of which meets the definition of "emergency medical services provider" are "emergency medicals service providers" within the meaning of ORS Chapter 682. OAR 333-265-0000(16). 4-g-. 2.`Emergency Medical Technician (EMT)" means a person licensed by the Division ands defined in OAR 333-265-0000(17, 18). 20-. 23.-"Emergency Medical Technician -Intermediate (EMT -Intermediate)" means a person licensed by the Division and defined in OAR 333-265-0000(19). 2 —. 24. "Paramedic" means a person licensed by the Division and defined in OAR 333-265- 0000(20, 27). 25 "Inter -Facility Ambulance" is one who is licensed by the State of Oregon and provides transportation services between hospitals or transfers to and from a hospital to a residential care facility, assisted living facility, adult foster care home convalescent care facility, non -urgent medical clinic, rehabilitation center, or private residence. Chapter 8.30 APPENDIX A (5404-83/2021) 26. "Franchise" means the authorization granted by the Board to provide exclusive emergency ambulance services in a specific geographic region within Deschutes County. 24 27. "Health Officer" means the Deschutes County Health Officer. 28. "License" means those documents issued by the Division to the owner of an ambulance service and ambulance, when the service and ambulance are found to be in compliance with ORS 682.010to 682.991 and OAR 333-250-0000 through 333-250-0100 and 333-255-0000 through 333-255-0092. 29 "Non -Emergency" means those medical or trauma conditions that are not specifically dealt with in the emergency medical dispatch system adopted by the County. Unless specified by rule those conditions that fall within the emergency medical dispatch system shall immediately be transferred to the emergency ambulance providers designated by Deschutes County through the 911 system. 30 "Non -Emergency Ambulance" Non -emergency ambulance provider is one who is licensed as an ambulance by the State of Oregon and provides transportation services for those conditions that are defined as non -emergency. 2431. "Nonemergency care" means the performance of acts or procedures on a patient who is not expected to die, become permanently disabled or suffer permanent harm within the next 24 hours, including but not limited to observation, care and counsel of a patient and the administration of medications prescribed by a physician licensed under ORS chapter 677, insofar as any of those acts are based upon knowledge and application of the principles of biological, physical and social science and are performed in accordance with scope of practice rules adopted by the Oregon '1V1eC11Ca1 Board in the course Gt jtrvdtuiug Ytc-uvbjtttai Care. See vRv v v 55(.,). 32 "Non -Emergency Transportation Service" means a person who holds a valid license to provide non -emergency ambulance transportation. 33. "Notification Time" means the length of time between the initial receipt of the request for emergency medical service by either a provider or a PSAP, and the notification of all responding emergency medical service personnel. 2& 34. "Owner" means the person having all the incidents of ownership in an ambulance service or an ambulance vehicle or where the incidents of ownership are in different persons, the person, other than a security interest holder or leaser, entitled to the possession of an ambulance vehicle or operation of an ambulance service under a security agreement or a lease for a term of 10 or more successive days. 35. -"Patient" means an ill, injured, or disabled person who may be transported in an ambulance. 30-36. Provider Selection Process" means the process established by the county for selecting an ambulance service provider or providers. 34-. 37. "Public Service Answering Point (PSAP)" means a 24_ —hour communications facility established as an answering location for 9-1-1 calls originating within a given service area. Chapter 8.30 APPENDIX A (548183/2021) 31-38. "Quick Response Team (QRT)" means an agency that provides initial response and basic life support care without transportation capabilities by licensed emergency medical service providers. -33—.39. "Response Time" means the length of time between the notification of each provider and the arrival of each provider's emergency medical service unit(s) at the incident scene. 334-. 40. -"Stable Patient" is a patient with the following criteria: 1. Has vital signs in a normal range that are not changing significantly or expected to do so. a. Pulse 50-120. b. Systolic blood pressure 90-190. C. Respirations between 10 to 29 breaths per minute. 2. Does not, and is not expected to, require cardiac monitoring or ALS procedures. 3. Has a patent natural airway and is not in respiratory distress. 4. Has no unstabilized injuries that will be aggravated by motion in transport. 5. Is not experiencing acute changes in level of consciousness. 35-41. "Supervising Physician" has the meaning of a supervising physician as provided in ORS 682.025(14). 36-42."System Response Time" means the elapsed time from when the PSAP receives the call until the arrival of the appropriate provider unit(s) on the scene. 43 "Unstable Patient" is any patient who cannot be stabilized who is deteriorating or likely to deteriorate A medical provider contacting 911 for emergency transport may make the determination whether or not patient is stable or unstable and requires emergency transport. These patients require emergency transport. IV. BOUNDARIES 1. Ambulance Service Area Narratives and Description. Deschutes County consists of eight ASAs. The eight ASAs are: (1) Bend; (2) Black Butte Ranch; (3) Burns; (4) Crooked River Ranch; (5) La -Pine; (6) Redmond; (7) Sisters; and (8) Sunriver. The boundaries of each of the eight ambulance service areas are as follows: All Townships and Ranges listed are based upon the Willamette Meridian. ASA #1 — Bend Size of ASA: Approximately 1450 square miles. However, most of the ASA is comprised of either the Deschutes National Forest or B.L.M. lands. BEGINNING at the intersection of the south line of Section 16, T17S, R8E, with the westerly line of Deschutes County; thence east upon the section lines approximately 6.3 miles to the NW corner of Section 22, T17S, R9E; thence south upon the section line to the SW corner of the N'/2 of said Section 22; thence east 3.0 miles to the SE corner of the N'/2 of Section 24, T17S, R9E; thence north upon the section line to the NE corner of said Section 24; thence east upon the section line to the SE corner of Section 18, T17S, R10E; thence north upon the section line to the NE corner of said Section 18; thence east upon the section lines 2.0 miles to the SE corner of Chapter 8.30 APPENDIX A (5-/204-83/2021) Section 9, T17S, RI OE; thence north upon the section lines 2.0 miles to the NW corner of Section 3, T17S, R10E; thence east upon the section lines 3.0 miles to the SE corner of Section 36, T16S, RI OE; thence north upon the section line to the NE corner of said Section 36; thence east upon the section line to the SW corner of the SE'/4 of Section 10, T16S, R11E; thence east upon the southern boundary of Deschutes County Tax Lot 1611000008100 approximately 0.2 miles where said tax lot boundary turns in a northeastern direction; thence northeasterly upon said tax lot boundary line to the intersection of said tax lot boundary with the eastern boundary of Deschutes County Tax Lot 1611000001419; thence northeasterly upon the eastern boundary line of said tax lot to the intersection of said tax lot with Deschutes County Tax Lot 1611000001418; thence northeasterly upon the eastern boundary of said tax lot to the intersection of Deschutes County Tax Lot 1611000001401; thence northerly upon the eastern boundary of said tax lot to the intersection with the western boundary of Deschutes County Tax Lot 1611000007900; thence south upon the western boundary of said tax lot to the SW corner of the SW '/4 of the NW '/4 of Section 29, T16S, R11E; thence east to the SE corner of the SW '/4 of the NW '/4 of said Section 29; thence north to the NE corner of the NW '/4 of the NW '/4 of said Section 29; thence east upon the section line to the SE corner of the SW '/4 of Section 20, T16S, RI E; thence north to the NE corner of the SW '/4 of said Section 20; thence east to the SE corner of the NE '/4 of said Section 20; thence north upon the section line to the NE corner of said Section 20; thence east upon the section line to the SE corner of the SW '/4 of Section 16, T16S, R11E; thence north to the NE corner of the SE '/4 of the SW '/4 of said Section 16; thence west to the NW corner of the SE '/4 of the SW '/4 of said Section 16; thence north to the NE corner of the SW '/4 of the NW '/4 of said Section 16; thence west to the SW corner of the NW '/4 of the NW '/4 of said Section 16; thence north upon the section line to the NW corner of said Section 16; thence east upon the section line to the NE corner of said Section 16; thence north upon the section line to the intersection with the southernmost right-of-way line of US Highway 20; thence perpendicularly across US Highway 20 in a northeastern direction to the intersection with the southern boundary line of Deschutes 1 1 1 n n n7nn southeasterly 1 the th boundary of Said tax lot County Tax Lot 161 1 1 VOVOVJVV; thence SOU�uca�wll� along u1e southern > to the SE corner of said tax lot; thence north to the NE corner of the NW '/4 of the NW '/4 of Section 10, T16S, R11E; thence east upon the section lines to the SW corner of Section 1, T16S, R11E; thence north upon the section line to the NW corner of said Section 1; thence easterly upon section lines approximately 2.25 miles to the NE corner of the W '/z of the W '/2 of section 5, T16S, R12E; thence southerly to the SE corner of the W '/z Of the W '/2 of said section 5; thence easterly upon Newcomb Road to the SE corner of section 4, T16S, R12E; thence easterly upon the south line of section 3, T16S, R12E, to the intersection with the centerline of the Deschutes River; thence southerly along the centerline of the Deschutes River to the intersection with the south line of section 9, T16S, R12E; thence easterly upon said section line to the NE corner of the W '/2 of section 16, T16S, R12E; thence southerly to the SE corner of the NW '/4 of said section 16; thence westerly to the SW corner of the E'/2 of the NW '/4 of said section 16; thence southerly to the SE corner of the W '/z of the W '/2 of said section 16; thence easterly upon section lines to the NE corner of section 24, T16S, R13E; also being a point on the Deschutes County/Crook County boundary line; thence continuing southerly and easterly upon the Deschutes County/Crook County line to the NE corner of section 1, T22S, R21E also being a point on the Deschutes County/Lake County boundary line; thence westerly upon the Deschutes County/Lake County boundary to Forest Highway 23; thence northerly upon Forest Highway 23 to the township line between T21S and T22S, R16E; thence westerly upon the south lines of Township 21 S, to Forest Road 9710; thence northerly upon Forest Road 9710 to the intersection of Forest Road 9710 and Forest Road 9714; thence northeast on Forest Road 9714 to the intersection of Forest Road 9714 and Forest Road 9711-840 at the south base of Luna Butte; thence north on Forest Road 9711-840 approximately 1 mile to the northwest base of Luna Butte where Forest Road 9711-840 becomes Forest Road 9711- 800; thence northerly on Forest Road 9711-800 to the intersection of Forest Road 9711-800 and Forest Road 9711; thence westerly on Chapter 8.30 APPENDIX A (540443/2021) Forest Road 9711 to the intersection of Forest Road 9711 and Forest Road 9711-200; thence northerly on Forest Road 9711-200 approximately 1.75 miles where Forest Road 9711-200 becomes Forest Road 9701-600; thence continue northerly on Forest Road 9701-600 to the intersection of Forest Road 9701-600 and Forest Road 9701; thence south on Forest Road 9701 to the intersection of Forest Road 9701 and Forest Road 9701-150; thence west on Forest Road 9701-150 to the intersection of Forest Road 9701-150 and Highway 97 at the south entrance to the ODOT Weigh Station; thence west across Highway 97 approximately 50 feet to the intersection of Highway 97 and an unnamed forest road; thence north on the unnamed forest road approximately 1/IOth of a mile where the unnamed forest road becomes Forest Road 9700-060; thence continue north on Forest Road 9700-060 to the point where Forest Road 9700-060 dead - ends into the railroad tracks on the section line shared by Section 1,T19S, R11E and Section 36, T18S, RI IE; thence southwesterly along the railroad tracks to the section line shared by Section 10 and Section 11, T19S, RI IE; thence north to the NE corner of Section 11, T19S, RI IE; thence westerly upon the section line to the intersection with the centerline of the Deschutes River; thence upstream along the centerline of the Deschutes River approximately 1.25 miles to the east line of section 8, T19S, RI IE; thence southerly upon said section line to the SE corner of said section 8; thence westerly upon section lines approximately 7 miles to the SW corner of section 8, T19S, R10E; thence northerly upon section lines approximately 2 miles to Forest Road 4614; thence westerly upon Forest Road 4614 to Forest Road 950; thence northerly upon Forest Road 950 to the centerline of State Highway 372 (a.k.a. Cascade Lakes Highway); thence westerly upon said centerline to the east line of section 27, T18S, R9E; thence southerly approximately 2.2 miles to the SE corner of section 3, T19S, R9E; thence westerly approximately 6 miles upon section lines to the SE corner of section 3, T19S, RBE; thence northerly approximately 3.5 miles to the NE corner of the SE 1/4 of section 22, T18S, RBE; thence westerly to the Deschutes County/Lane County boundary line; thence northerly upon the Deschutes County/Lane County Boundary line to the Point of Beginning. ASA #2 - Black Butte Ranch Size of ASA: Approximately 13 square miles. BEGINNING at the NW corner of Section 5, T14S, R9E at the Deschutes/Jefferson County boundary line; thence south upon the section lines to the SW corner of Section 20, T14S, R9E; thence east upon the section lines to the SW corner of Section 23, T14S, R9E; thence north upon the section line to the NW corner of Deschutes County Tax Lot 1409000002102; thence east upon said tax lot's northern boundary to the NE corner of said tax lot; thence southeasterly upon said tax lot's boundary to its intersection with the east section line of Section 23, T14S, R9E (approximately 221' north of the SE corner of said section); thence north upon the section lines to the point where the easterly boundary of Section 14, T14S, R9E intersects the southerly right-of-way (ROW) line of US Highway 20; thence southeasterly along said ROW line to the point perpendicular to the westerly intersection of the US Highway 20 and Indian Ford Road ROW lines (located in T14S, R9E, Section 13); thence northeasterly across US Highway 20 to said ROW line intersection; thence northwesterly upon the northerly ROW line of US Highway 20 to the intersection of said ROW line with the easterly ROW line of Camp Sherman Road; thence southwesterly across US Highway 20 to the point where US Highway 20 ROW line intersects the easterly ROW line of George McAllister Road; thence northwesterly upon the US Highway 20 ROW line to the point of intersection with the north boundary line of Section 5, T14S, R9E at the Deschutes/Jefferson County boundary; thence west along the north line of said section to the Point of Beginning; excluding the physical intersections of US Highway 20 with Camp Sherman Road and Indian Ford Road. Chapter 8.30 APPENDIX A (5/2" 3/2021) ASA #3 — Burns ALL of T22S, R22E and all of T22S, R23E. ASA #4 - Crooked River Ranch Size of ASA: Approximately one square mile. ALL of those portions of Crooked River Ranch lying within Deschutes County. ASA #5 - LaPine Size of ASA: Approximately 646 square miles. However, most of the ASA is comprised of the Deschutes National Forest or in B.L.M. lands and are uninhabited. BEGINNING at the intersection of the north line of section 2, T21 S, R6E; thence easterly upon the section lines to the NW corner of section 1, T21 S, R7E; thence southerly upon the west line of said section 1, to the SW corner of said section 1; thence easterly upon the south line of said section 1 to the SE corner of said section 1; thence northerly upon the east line of said section 1 to the NE corner of said section 1; thence easterly approximately 11.5 miles upon the section lines to the intersection with the center line of Forest Highway 42, (a.k.a. South Century Drive); thence northeasterly upon said Highway to the intersection with the east line of section 27, T20S, RI OE; thence northerly upon section lines to the NW corner of the. SW 1/4 of section 23, T20S, R 1 OE; thence easterly to the NE corner of said SW 1/4; thence northerly to the NW corner of the NE 1/4 of said section 23; thence easterly to the NE corner of said section 23; thence northerly upon section lines approximately 2 miles to the SW corner of section 1, T20S, R10E; thence easterly upon the south line of said section 1 to the SW corner of the SE 1/4 of the SW 1/4 of said section 1; thence northerly to the NW corner of the SETA of the SW 1/4 of said section 1; thence easterly to the NE corner of the SE 1/4 SW 1/4 of said section 1; thence northerly to the NW corner of the SE 1/4 of said section 1; thence easterly to the NE corner of said SE 1/4; thence southerly upon the east line of said section 1 to the center line of Forest Highway 40, (a.k.a. Spring River Road); thence easterly and northerly upon said Forest Highway to the intersection with the railroad tracks in section 5, T20S, RI IE; thence southerly upon said tracks to the north line of section 8, T20S, RI IE; thence easterly upon the north line of said section 8 to the NE corner of said section 8; thence southerly upon section lines to the SW corner of section 16, T20S, RI IE; thence easterly upon the south line of said section 16 to the SE corner of said section 16; thence southerly upon section lines approximately 2 miles to the SW corner of section 27, T20S, RI IE; thence easterly approximately 7.5 miles upon section lines to the intersection of Forest Road 9710; thence southerly and easterly upon said Forest Road to the south line of section 35, T21S, ROE; thence easterly upon the section lines to the intersection of Forest Road 23; thence southerly upon said Forest Road to the Deschutes County/Lake County boundary line; thence westerly upon the Deschutes County/Lake County boundary line to the Deschutes County/Lake County/Klamath County intersection; thence westerly upon the Deschutes County/Klamath County boundary line to the Deschutes County/Klamath County/Lane County intersection; thence northerly and easterly along the Deschutes County/Lane County boundary line to the point of beginning. Chapter 8.30 APPENDIX A (54&�83/2021) ASA #6 - Redmond Size of ASA: Approximately 192 square miles. BEGINNING at the common corner of Deschutes, Jefferson and Crook Counties; thence southerly upon the Deschutes County/Crook County boundary line to the NE corner of section 24, T16S, R13E; thence westerly upon section lines to the SE corner of the W '/2 of the W 1/2 of section 16, T16S, R12E; thence northerly to the NE corner of the W 1/2 of the SW 1/4 of the said section 16; thence easterly to the center of said section 16; thence northerly to the NE corner of the NW 1/4 of said section 16; thence westerly upon the section line to the intersection with the centerline of the Deschutes River; thence downstream along the centerline of the Deschutes River to the intersection with the south line of section 3, T16S, R12E; thence westerly upon said section line to the SW corner of said section 3; thence westerly upon Newcomb Road to the SE corner of the W '/2 of the W 1/2 of section 5, T16S, R12E; thence northerly to the NE corner of the W '/2 of the W 1/2 of the said section 5; thence westerly upon section lines to the SW corner of section 36, T15S, RI IE; thence north to the NW corner of section 25, T15S, R1 IE; thence west to the SW corner of section 22, T15S, R11E; thence north approximately 10 miles upon section lines to the Deschutes County/Jefferson County boundary line; thence easterly upon the Deschutes County/Jefferson County boundary line to the Point of Beginning; excluding all of those portions of Crooked River Ranch lying within Deschutes County. ASA #7 - Sisters Size of ASA: Approximately 397 square miles. However, a large portion of the ASA is comprised of Deschutes National Forest lands that are uninhabited. BEGINNING at the intersection of the south line of Section 16, T17S, R8E, with the westerly line of Deschutes County; thence east upon the section lines approximately 6.3 miles to the NW corner of Section 22, T17S, R9E; thence south upon the section line to the SW corner of the N'/2 of said Section 22; thence east 3.0 miles to the SE corner of the N'/2 of Section 24, T17S, R9E; thence north upon the section line to the NE corner of said Section 24; thence east upon the section line to the SE corner of Section 18, T17S, R10E; thence north upon the section line to the NE corner of said Section 18; thence east upon the section lines 2.0 miles to the SE corner of Section 9, T17S, R1OE; thence north upon the section lines 2.0 miles to the NW corner of Section 3, T17S, R10E; thence east upon the section lines 3.0 miles to the SE corner of Section 36, T16S, R1 OE; thence north upon the section line to the NE corner of said Section 36; thence east upon the section line to the SW corner of the SE'/4 of Section 10, T16S, RI IE; thence east upon the southern boundary of Deschutes County Tax Lot 1611000008100 approximately 0.2 miles where said tax lot boundary turns in a northeastern direction; thence northeasterly upon said tax lot boundary line to the intersection of said tax lot boundary with the eastern boundary of Deschutes County Tax Lot 1611000001419; thence northeasterly upon the eastern boundary line of said tax lot to the intersection of said tax lot with Deschutes County Tax Lot 1611000001418; thence northeasterly upon the eastern boundary of said tax lot to the intersection of Deschutes County Tax Lot 1611000001401; thence northerly upon the eastern boundary of said tax lot to the intersection with the western boundary of Deschutes County Tax Lot 1611000007900; thence south upon the western boundary of said tax lot to the SW corner of the SW '/4 of the NW '/4 of Section 29, T16S, RI 1 E; thence east to the SE corner of the SW '/4 of the NW I/4 of said Section 29; thence north to the NE corner of the NW '/4 of the NW '/4 of said Section 29; thence east upon the section line to the SE corner of the SW '/4 of Section 20, T16S, RI E; thence north to the NE corner of the SW '/4 of said Section 20; thence east to the SE corner of the NE'/4 of said Section Chapter 8.30 APPENDIX A (5/29183/2021) 20; thence north upon the section line to the NE corner of said Section 20; thence east upon the section line to the SE corner of the SW '/4 of Section 16, T16S, RI IE; thence north to the NE corner of the SE'/4 of the SW '/4 of said Section 16; thence west to the NW corner of the SE'/4 of the SW '/4 of said Section 16; thence north to the SE corner of the NW '/4 of the NW '/4 of said Section 16; thence west to the SW corner of the NW '/4 of the NW '/4 of said Section 16; thence north upon the section line to the NW corner of said Section 16; thence east upon the section line to the NE corner of said Section 16; thence north upon the section line to the intersection with the southernmost right-of-way line of US Highway 20; thence perpendicularly across US Highway 20 in a northeastern direction to the intersection with the southern boundary line of Deschutes County Tax Lot 1611100000300; thence southeasterly along the southern boundary of said tax lot to the SE corner of said tax lot; thence north to the NE corner of the NW '/4 of the NW '/4 of Section 10, T16S, RI IE; thence east upon the section lines to the SW corner of Section 1, T16S, RI IE; thence north upon the section line to the NW corner of said Section 1; thence west upon the section line to the SW corner of Section 36, T15S, RI IE; thence north to the NW corner of Section 25, T15S, RI IE; thence west to the SW corner of Section 22, T15S, RI IE; thence north upon the section lines approximately 3.75 miles to the SW corner of the NW '/4 of the NW '/4 of Section 3, T15S, R1 IE; thence east to the SE corner of the NW '/4 of the NW '/4 of said Section 3; thence north to the NE corner of the SW '/4 of the SW '/4 of Section 34, T14S, RI IE; thence east to the SE corner of the NE '/4 of the SW '/4 of said Section 34; thence north to the NE corner of the NE'/4 of the SW '/4 of said Section 34; thence west to the NW corner of the NW '/4 of the SW '/4 of said Section 34; thence north upon the western section line of said Section 34 to the intersection with McKenzie Canyon Road; thence northeasterly along McKenzie Canyon Road to the intersection with the northern section line of said Section 34; thence east upon the section lines to the SW corner of the SE'/4 of Section 26, T14S, RI IE; thence north to the NW corner of the SE'/4 of said Section 26; thence east to the NE corner of the SE'/4 of said Section 26; thence north upon the section lines to the NE corner of the SE'/4 of the SE'/4 of Section 23, T14S, RI IE; thence west to the NW Corner of rile SOW'4 of the SE'/4 of said Section 23; thence north 2.25 miles to the NE corner of the SW '/4 of Section 11, T14S, RI IE; thence west to the NW corner of the SW'/4 of said Section 11; thence north upon the section lines to the NW corner of Section 2, T14S, RI IE at the Deschutes County/Jefferson County boundary line; thence west upon the Deschutes County/Jefferson County boundary line to the intersection of the Deschutes County/Jefferson County/Linn County Line intersection; thence southerly upon the Deschutes County/Linn County line to the Deschutes County/Linn County/Lane County intersection; thence southerly upon the Deschutes County/Lane County line to the Point of Beginning; excluding all of Black Butte Ranch ASA #2. ASA #8 - Sunriver Size of ASA: Approximately 350 square miles. BEGINNING at the intersection of the north line of section 2, T21 S, R6E; thence easterly upon the section lines to the NW corner of section 1, T21 S, R7E; thence southerly upon the west line of said section 1, to the SW corner of said section 1; thence easterly upon the south line of said section 1 to the SE corner of said section 1; thence northerly upon the east line of said section 1 to the NE corner of said section 1; thence easterly approximately 11.5 miles upon the section lines to the intersection with the center line of Forest Highway 42, (a.k.a. South Century Drive); thence northeasterly upon said Highway to the intersection with the east line of section 27, T20S, R10E; thence northerly upon section lines to the NW corner of the SW 1/4 of section 23, T20S, R10E; thence easterly to the NE corner of said SW 1/4; thence northerly to the NW corner of the NE 1/4 of said section 23; thence easterly to the NE corner of said section 23; thence northerly upon Chapter 8.30 APPENDIX A (3/20183/2021) section lines approximately 2 miles to the SW corner of section 1, T20S, R10E; thence easterly upon the south line of said section I to the SW corner of the SE 1/4 of the SW 1/4 of said section 1; thence northerly to the NW corner of the SETA of the SW 1/4 of said section 1; thence easterly to the NE corner of the SE 1/4 SW 1/4 of said section 1; thence northerly to the NW corner of the SE 1/4 of said section 1; thence easterly to the NE corner of said SE 1/4; thence southerly upon the east line of said section 1 to the center line of Forest Highway 40, (a.k.a. Spring River Road); thence easterly and northerly upon said Forest Highway to the intersection with the railroad tracks in section 5, T20S, R1 IE; thence southerly upon said tracks to the north line of section 8, T20S, R11E; thence easterly upon the north line of said section 8 to the NE corner of said section 8; thence southerly upon section lines to the SW corner of section 16, T20S, RI IE; thence easterly upon the south line of said section 16 to the SE corner of said section 16; thence southerly upon section lines approximately 2 miles to the SW corner of section 27, T20S, RI IE; thence easterly approximately 7.5 miles upon section lines to the intersection of Forest Road 9710; thence northerly upon Forest Road 9710 to the intersection of Forest Road 9710 and Forest Road 9714; thence northeast on Forest Road 9714 to the intersection of Forest Road 9714 and Forest Road 9711-840 at the south base of Luna Butte; thence north on Forest Road 9711-840 approximately 1 mile to the northwest base of Luna Butte where Forest Road 9711-840 becomes Forest Road 9711- 800; thence northerly on Forest Road 9711-800 to the intersection of Forest Road 9711-800 and Forest Road 9711; thence westerly on Forest Road 9711 to the intersection of Forest Road 9711 and Forest Road 9711-200; thence northerly on Forest Road 9711-200 approximately 1.75 miles where Forest Road 9711-200 becomes Forest Road 9701-600; thence continue northerly on Forest Road 9701-600 to the intersection of Forest Road 9701-600 and Forest Road 9701; thence south on Forest Road 9701 to the intersection of Forest Road 9701 and Forest Road 9701-150; thence west on Forest Road 9701-150 to the intersection of Forest Road 9701-150 and Highway 97 at the south entrance to the ODOT Weigh Station; thence west across Highway 97 approximately 50 feet to the intersection of Highway 97 and an unnamed forest road; thence r d approximately' loth c a mile where the unnamed forest road north on the unnamed florest road I .. vi becomes Forest Road 9700-060; thence continue north on Forest Road 9700-060 to the point where Forest Road 9700-060 dead - ends into the railroad tracks on the section line shared by Section 1,T19S, R1 IE and Section 36, T18S, RI IE; thence southwesterly along the railroad tracks to the section line shared by Section 10 and Section 11, T19S, R1 IE; thence north to the NE corner of Section 11, T19S, R1 IE; thence westerly upon the section line to the intersection with the centerline of the Deschutes River; thence upstream along the centerline of the Deschutes River approximately 1.25 miles to the east line of section 8, T19S, RI IE; thence southerly upon said section line to the SE corner of said section 8; thence westerly upon section lines approximately 7 miles to the SW corner of section 8, T19S, RI OE; thence northerly upon section lines approximately 2 miles to Forest Road 4614; thence westerly upon Forest Road 4614 to Forest Road 950; thence northerly upon Forest Road 950 to the centerline of State Highway 372 (a.k.a. Cascade Lakes Highway); thence westerly upon said centerline to the east line of section 27, T18S, R9E; thence southerly approximately 2.2 miles to the SE corner of section 3, T19S, R9E; thence westerly approximately 6 miles upon section lines to the SE corner of section 3, T19S, RBE; thence northerly approximately 3.5 miles to the NE corner of the SE 1/4 of section 22, T18S, RBE; thence westerly to the Deschutes County/Lane County boundary line. 2. Maps. 2.1 ASA Map. (See Appendix #1) This map represents the boundaries of each of the ambulance service areas within Deschutes County and the "System Response Time," which includes notification, role out, and provider response times. Actual response time is subject to the variables of access, Chapter 8.30 APPENDIX A (5/-2 3/2021) weather, road and traffic conditions as well as other circumstances that can impact response time. 3. Alternatives To Reduce Response Times. Heavily forested, mountainous terrain and severe winter weather conditions present difficult access and long response time to ground ambulances. In those situations, when an urgent response is indicated, the emergency medical services providers may elect to call the nearest appropriate rotary -wing air ambulance or the Deschutes County Search and Rescue. Emergency medical services providers provide the best available patient care while maximizing the available resources. In some instances, for various reasons, an ambulance service provider from an adjoining county's ASA could respond more quickly to an incident. V. SYSTEM ELEMENTS 1. Notification/Response Times. Notification times for ambulances shall be within two (2) minutes for 90% of the calls. Provider response time: Each franchisee will provide at the time of application a map of their proposed ASA which will indicate response times from each of their staffed stations. Response times will be based upon emergency calls only (Charlie, Delta, Echo) per the Clausen Priority Dispatch System. Response time maps should be based on 8 minute, 13 minute and 43 minute response times. Any franchisee can propose a map that reflects different times as long as it is considered to be within reason and approved by the Committee. Monitoring of notification and response times shall be accomplished by the following: 1.1 Information received from the public, dispatch center, pre -hospital care providers, hospitals, or county EMS administration. 1.2 Types of information received are written or verbal complaints, patient care report forms, radio transmission tapes, notification and response time incident cards, trauma registry forms, etc. 2. Level of Care. An ambulance operating in Deschutes County and providing basic life support level care must consist of a qualified driver and one licensed EMT or above. The EMT must always be present with the patient in the patient compartment of the ambulance. An ambulance operating in Deschutes County and providing intermediate life support level care must consist of a qualified driver and one licensed EMT -Intermediate. The EMT -Intermediate must always be present with the patient in the patient compartment of the ambulance when intermediate level care is required or rendered. An ambulance operating in Deschutes County and providing advanced life support level care must consist of a qualified driver and a licensed Paramedic. The Paramedic must always be present with Chapter 8.30 APPENDIX A (54W-83/2021) the patient in the patient compartment of the ambulance when ALS care is required or rendered. If the driver is not a licensed EMT, then a second EMT must be available for patient care both in the ambulance and on scene. 3. Personnel. When operating an ambulance in Deschutes County, all personnel must meet the requirements of ORS 682.010 to 682.991 and OAR 333-255-0070 through 333-255-0073. The practice of staffing an ambulance on a part-time basis with EMTs certified to a higher level of care than is possible at other times does not mean or imply that the ambulance service must provide the same higher level of care on a regular basis. 4. Medical Supervision. Each EMS agency utilizing EMTs shall be supervised by a physician licensed under ORS 677, currently registered and in good standing with the Oregon Medical Board as a Medical Doctor (MD) or Doctor of Osteopathic Medicine (DO). The physician must also be approved by the Oregon Medical Board as a medical director. Each EMS agency or ambulance service may have its own medical director. The medical director shall: 4.1 comply with the requirements listed in OAR 847-35-0020-0025; 4.2 hold at least one meeting a year with the EMTs affiliated with each respective ambulance services; 4.3 designate an EMT coordinator who shall conduct case reviews in the physicians absence and send summaries of the reviews and problems identified and proposed problem resolution to the physician; and 4.4 provide or authorize quarterly at least one case review meeting for all EMTs. St. Charles Medical Center in Bend and Redmond, Oregon shall be the Medical Resource Hospitals. 5. Patient Care Equipment. Patient care equipment must meet or exceed the Oregon Health Authority's requirements as specified in ORS 682.010 to 682.991 and OAR 333-255-0070 through 333-255-0073. The ambulance service provider shall maintain a list of equipment for their ambulances, which shall be furnished to the Board upon request. 6. Vehicles. All ambulances must be either a Type I, II, or III and be licensed by the Oregon Health Authority. All ambulances must meet or exceed the requirements as set forth in ORS 682.010 to 682.991 and OAR 333-255-0060. An up-to-date list of each provider's ambulances shall be furnished to the Board upon request. 7. Training. Chapter 8.30 APPENDIX A (5/28183/2021) Training will be consistent with requirements of the Oregon Health Authority and Department of Transportation curricula. 8. Quality Assurance. In order to ensure the delivery of efficient and effective pre -hospital emergency medical care, an EMS Quality Assurance Program is hereby established. 8.1 Structure "Deschutes County Ambulance Service Area Advisory Committee (Committee)", shall be formed by ordinance and be composed of not less than twelve and no more than fourteen members: a. Ambulance service medical director who must be an Emergency department physician b. Deschutes County Health Department C. Ambulance service provider representative from each ASA area d. Deschutes County Emergency Manager e. 9-1-1 center representative f. Public member Membership and terms of the Committee are outlined in Deschutes County Code 8.30 Ambulance Service Area. The ASA Administrator shall be -a non -voting member, except in the case of a tie, in order to break the tie. The principal function of one -e__sha,1 �e to monitor the EMS system within Deschutes County. 8.2 Process The Board, in order to ensure the delivery of the most efficient and effective prehospital emergency care possible wi'thin __Deschutes County with the available resources, has directed that the ASA Advisory Committee be established. Quality assurance in Deschutes County shall be accomplished through frequent case review, peer review, and periodic review by the medical directors and/or Ambulance services' governing bodies (see respective Provider Profiles for definitions of governing bodies). Complaints regarding violation of this ASA Plan, shall be submitted in writing4o4he-I�oard H shall f ..,•..,f" to the Committee. The Committee shall then review the matter and make recommendations or changes arising from such complaints or questions to the Board. The Board shall also resolve any problems involving system operations (changing protocols to address recurring problems, etc.). Ongoing input may be provided by consumers, providers or the medical community to any individual on the Board or members of the Committee. This individual, in turn, will present the complaint, concern, idea or suggestion (in writing) to the full Board for consideration. Questions or concerns involving pre -hospital care provided shall be directed to the Chapter 8.30 APPENDIX A (54"83/2021) Supervising Physician of the Ambulance service provider. At the Supervising Physician's discretion the complaint shall be passed to the ASA Committee for further review or directly to the Professional Standards Division of the Oregon Emergency Medical Services and Trauma Systems. However, patient care issues that are mandated by the State as reportable actions shall be reported by the Supervising Physician directly to the Professional Standards Division of the Oregon Emergency Medical Services and Trauma Systems. 8.3 Problem Resolution Problems involving protocol deviation by emergency medical services providers Of dispars shall be referred to the respective medical director Or ,lisp.,' Problems involving a non -compliant provider shall be reviewed by the Committee with possible referral to Board if necessary. The Board may seek background data and recommendations from the Committee in such instances. The Board shall provide notice to the affected provider and allow them the opportunity to issue comments. However, any member of the Committee who may have a conflict of interest in the matter shall declare such conflict and refrain from participating in any recommendations made. 8.4 Sanctions for Non -Compliant Personnel or Providers Suspension or revocation assignment. Upon a recommendation by the Committee, or upon its own motion, the Board may suspend or revoke the assignment of an ASA upon a finding that the provider has: a. willfully violated provisions of an ordinance, the Deschutes County ASA Plan or provisions of State or Federal laws and regulations; or b. materially misrepresented facts or information given in the application for assignment of an ASA or as part of the review of the performance of the service furnished by the provider. In lieu of the suspension or revocation of the assignment of an ASA, the Board may order that the violation be corrected and make the suspension or revocation contingent upon compliance with the order, within the period of time fixed by the Board. Notice of the Board's action shall be provided to the holder of the assignment, which shall specify the violation, the action necessary to correct the violation and the date by which the action must be taken. If the holder of the assignment fails to take corrective action within the time required, the Board shall notify the holder that the assignment is suspended or revoked upon receipt of the notice. A person receiving a notice of the assignment, denial of assignment, suspension, or revocation of assignment or a notice of corrective action the failure of which may result in suspension or revocation of an assignment may request a hearing before the Board by filing with the Board a written request for a hearing within fourteen (14) days of the notice, setting forth the reasons for requesting the hearing and the issues proposed to be reviewed. The filing of a hearing request shall stay the action, pending the hearing and the Board's final decision, unless a change is required due to an immediate hazard to the public safety. The Board shall set a time and place for the hearing. Within fourteen (14) days after the conclusion of the hearing, the Board shall affirm, reverse or modify its original decision. Chapter 8.30 APPENDIX A (5/201 83/2021) 8.5 Penalties Any person who violates any provisions of this ASA Plan or Ordinance is guilty of a violation. Failure from day-to-day to comply with the terms of this ASA Plan or Ordinance shall be a separate offense for each such day. Failure to comply with any provision of the Ordinance shall be a separate offense for each such provision. Violations of the provisions of this ASA Plan or Ordinance are Class A violations punishable, upon conviction, by a fine of not more than Seven Hundred and twenty Dollars ($720) per violation. 8.6 Nuisance In addition to the penalties provided in this plan lan, violations of any of the provisions of this planPlan and ordinance is declared to be a nuisance and may be abated in the manner provided by law. 9. Non -emergency Ambulance Transports. Each Franchisee retains first right of refusal for non -emergency ambulance transports and inter - facility ambulance transports. Each Franchisee is authorized to permit, by written agreement, non - emergency and inter -facility ambulance transports of a stable patients originating within that territory by a no-n- a,r� --I-icy--o'`-Irfix--r—f -c—i!Lt -ain-b-dlancanother ficensed_an�bulance service rovidere. r'' th mburanee se ee agency. Dui=�iep o-f-pe,,nl�i-onSuch autholrzat.ion shall last no longer than the term of the f a c4i-s-eFra_n,chi-se, _oY_ until the then cu- rrent_F anchlsee lose s its Franchise or otherwise _ ceases operations. The_dDef nition of "stable patient" is contained in the definitions section of this ASA Flan. Special Events: A Franchisee may grant permission to another licensed ambulance service agency provider -for the purpose of servicing special events or occasions. Permission shall be set forth in writing and state the duration of the event or occasion and whether ambulance transport will be allowed. The dDuration of such permission shall last no longer than the term of the Ffranchise,, or until the then current Franchisee_ loses_ its Franchise or__otherwise ceases operations. VI. COORDINATION 1. Authority For Ambulance Service Area Assignments. The Board has the authority to assign an ASA within Deschutes County in compliance with ORS 682.015 to 682.991. Applications by new providers, requests for change of assignment, and revocation will be considered for approval if such action will improve efficient service delivery and benefit public health, safety and welfare. Cities have the authority to develop and apply ambulance -licensing ordinances within their jurisdictional boundaries, and nothing in this plan Plan is intended to obviate that authority. Future updates to this pLanPlan and proposals for assignment changes will be the responsibility of the Board. The Board shall receive all requests for changes, present those requests to the Committee for their review and recommendations. Upon completing their review, the Committee shall present their recommendations to the Board. In addition, the Board has the authority to review service providers records and initiate an assignment change or service area revocation. For the purpose of this planPlan_, the Board shall recognize the Committee as an advisory group. Chapter 8.30 APPENDIX A (54WS3/2021) The Deschutes County ASA Plan was prepared with a great deal of input from all county pre - hospital care providers. The Plan requires that the ambulance services providers maintain service records in order that the County can carry out its ASA Plan responsibilities. 2. Entity That Will Administer the ASA Plan. The Deschutes County ASA Committee is hereby established with the adoption of this OanP,]an . The Committee shall serve as the principal entity to administer and accept written proposals for amendments to this ASA Plan. The ee ors ittee ,Committee will have a designated administrator and chairperson. The Committee will be activated at any time a concern is submitted, in writing, to the Board, or when deemed appropriate by seven or more members of the Committee.-- The Committee shall meet as needed. This Committee, as with any governmental body, will be subject to the Oregon Open Meeting Law (ORS Chapter 192), but may temper its activities, within legal limits, according to the sensitivity of the EMS matter involved. Appeals from the Board, in any case where the Board would otherwise have the final decision at the county level shall be directed to the appropriate state regulatory agency, or a Circuit Court, as appropriate. The Committee shall periodically submit a brief written report of its activities or recommendations to the Board. The eExistence of this eemftee-Committee will: 2.1 prevent needless attention of state regulatory agencies to problems that can be resolved locally; 2.2 increase local awareness of potential problems that may exist; and 2.3 increase the awareness of ambulance medical directors regarding area concerns and activities. 3. Complaint Review Process. The complaint procedure can be viewed in Article V, section 8.2. 0-"1g in' input-_ olnpl_arots concetnsideas,__or suggestions may be provided by consumers, providers or the medical community to any individual on the Committee or members of the Board. Tl-in AJi-vidualMember_s._of the _Committee or__Boa rd, in turn, will present the complaint, concern, idea or suggestion in writing to the full Board for consideration. 4. Mutual Aid Agreements. Franchisees within Deschutes County will participate in ageneies shall-wig-n-mutual aid agreements with other Franchisees and with theo+t r ern me'"^"' ^ *l e r^*« with other providers in adjoining counties to respond with needed personnel and equipment in accordance with the agreement. Chapter 8.30 APPENDIX A (3/28�-g3/2021) All requests for mutual aid shall be made through the appropriate PSAP. All mutual aid agreements are modified as needed by mutual consent of all parties. 5. Disaster Response. The Committee shall coordinate the EMS medical function of disaster planning with any formal disaster management plan developed by the Deschutes County Sheriff or other appropriate county- Countyauthorities or other local governinent.authorities _within ._theCount y. The Area Trauma Advisory Board (ATAB) Region 7 plan may be utilized in place of the plan outlined below. Ambulance provider personnel faced with a multiple -casualty incident shall examine the situation in terms of its potential or actual magnitude of disaster, and request any appropriate additional resources that may be available. 5.1 County Resources Other Than Ambulances When resources other than ambulances are required for the provision of emergency medical services during a disaster, a request for additional resources shall be made through the appropriate PSAP to the County Emergency Services Office. The County Emergency Services Manager shall be responsible for locating and coordinating all country EMS resources any time that the MCI Plan is implemented. The County Emergency Services Manager shall work directly with local agencies, departments and governments to coordinate necessary resources during any implementation of the MCI Plan. 5.2 Out of County Resources When resources from outside Deschutes County are required for the provision of emergency medical services during a disaster, a request for those resources shall be made through the appropriate PSAP. 5.3 Mass Casualty Incident (MCI) Management Plan The purpose of the MCI plan :Plan_is to provide guidance to EMS response personnel in the coordination of response activities relating to mass casualty incidents in Deschutes County. The _MCI_pla-, Plan is intended for use when any single incident or combination of incidents depletes the resources of any single provider or providers during the normal course of daily operations or at the request of the Health Officer. The I CI P Ian shall identify the responsibility of the provider concerning: a. coordination; b. communication; C. move up; d. triage; and e. transportation. The Committee will periodically review the medical component of the_MCI plan. -Flan_and make Chapter 8.30 APPENDIX A (5/291-53/2021) recommended changes to meet the county' County'• need. Following the review and changes, the Director of Emergency Services will be asked to append the changes to the medical component of the County Emergency Management Plan and the modified MCI plapftn will be promulgated. 6. Coordination. 6.1 In lieu of a unified command system, the highest-ranking officer of the fire or police agency in whose jurisdiction the incident occurs shall be the incident - commander. 6.2 The senior/highest licensed emergency medical services provider at the scene will have overall responsibility for patient care as the EMS Branch Officer, he/she shall work closely with the incident commander. 6.3 The on -scene command frequency and staging area will be determined by the incident -commander. Dispatch center will advise responding units as to location of the staging area. 7. EMS Responder Guidelines. 7.1 An appropriately trained EMS Theemefgeneysenior-e 'eal se s provider on *' firs* EMS unit first to arrive at the scene shall become the EMS Branch officer and shall: a. assess nature and severity of the incident; b. advise appropriate PSAP of the situation; C. request appropriate fire and police services, if not already at the scene; d. request initiation of EMS mutual aid if needed; e. alert area hospital(s) of the situation; and f. establish and organize the transportation of all injured or ill patients. 7.2 Additional EMS units arriving at the scene shall: check in with the Staging Officer. 8. Personnel and Equipment Resources. All resources are referenced in Deschutes County's and local emergency response plans. 9. Emergency Communications and Systems Access. 9.1 Telephone Access: The Deschutes County Communications (9-1-1) Center is located in Bend and is the Public Safety Answering Point. This center shall receive all emergency service requests in Deschutes County. Persons having access to telephone service will have access to the Deschutes County Communications Center by dialing 9-1-1. Upon receipt of a request, all emergency service providers in Deschutes County, including fire and ambulance, are dispatched by the Deschutes County Communications Center in Bend Oregon. 9.2 Dispatch Procedures: a. The appropriate personnel shall be notified by the dispatcher within an average of two (2) minutes of receipt of a medical call. Chapter 8.30 APPENDIX A (5a443/2021) b. The dispatcher will obtain from the caller, and relay to the first responders the following: 1. Location of the incident; 2. Nature of the incident; and 3. Any specific instructions or information that may be pertinent to the incident. C. EMS personnel shall inform the dispatch center by radio, MDT, or cell phone -when any of the following occurs: 1. In-service; 2. En -route to scene or destination and type or response; 3. Arrival on scene or destination; 4. Transporting patient(s) to hospital or medical facility, the number of patients, and name of facility; and 5. Arrival at receiving facility. d. Ambulance personnel shall inform the receiving hospital by radio of the following: 1. Unit identification number; 2. Age and sex of each patient; 3. Condition and chief complaint of the -each patient; 4. Vital signs of each patient; 5. Treatment rendered; and 6. Estimated time of arrival 9.3 Radio System: a. The PSAP shall: 1. restrict access to authorized personnel only; 2. meet state fire marshal standards; 3. maintain radio consoles capable of communication directly with all first response agencies dispatched by the PSAP. 4. maintain all dispatch logs and recordings required by the Oregon Revised Statutes; 5. be equipped with a back-up power source capable of maintaining all functions of the center. b. The ambulance service provider shall equip and maintain eguipm ent. 4th +n '* ^"a re' ,.. , io communication equipment in each ambulance that allows for the transmission and reception with dispatch, medical resource hospitals, and mutual aid resources-equipnwPA. 10. Emergency Medical Services Dispatcher Training. 10.1 Deschutes County EMS dispatchers must successfully complete an Emergency Medical Dispatch (EMD) training course as approved by the Oregon Emergency Management Division and the Board on Public Safety Standards and Training. 10.2 All EMS dispatchers are encouraged to attend any class, course or program which will enhance their dispatching abilities and skills. VII PROVIDER SELECTION 1. Reassignment of an ASA. Chapter 8.30 APPENDIX A (5l20-1�3/2021) In the event that a reassignment of an ASA is necessary, the Eom"-nitte- Comm ttee_shall make a written recommendation to the Board. The committee shall develop appropriate criteria, utilizing the selection process described in this Ylan_Plan to be presented to the Board for consideration and/or action by the Board. 2. Application Process for Applying for an ASA. See Deschutes County Code 8.30 regarding the_application process for applying for an ASA within Deschutes County. 3. Notification of Vacating an ASA. In the event that an A previderFranchisee wishes to vacate its ASAFranchise, the provider shall provide at least sixty (60) days written notice to the Board. The ASA provide-rFranchsee_ must provide notification in accordance with the provisions of the initial service agreement or contract. 4. Maintenance of Level of Service. In the event that an ASA-p -o-v-iderFi-anch see is unable to comply with the standards promulgated for the ASA by this Pian.Plan, the provider will promptly notify the Board in writing of its inability to comply and identify which standards are involved. The Board will determine if other qualified providers are available for the ASA who can comply with the standards. If the Board determines no other qualified providers are available, it will apply to the Division for a variance under ORS 682.285 for a variance from the standards so that continuous ambulance service may be maintained by the existing provider. VIii. 11 Franchise Agreements. Franchises shall be awarded for a minimum ten (10) year timeframe unless changed by the Board. Only one franchisee may serve in an ASA area. Mutual Aid Agreements will not be impacted by this process. IX. DESCHUTES COUNTY ORDINANCE The Deschutes County Board of Commissioners shall adopt an Ambulance Service Area Ordinance. The Ordinance shall include criteria for administering the Deschutes County Ambulance Service Area Plan; limiting ambulance services that may operate in the county; establishing an application process; ambulance franchise terms; enforcement; preventing interruption of service; appeals, abatement and penalties; duties of the franchisee; and establishing membership and duties of the advisoryeommittee Committee. Chapter 8.30 APPENDIX A (5/2"83/2021) AGENDA REQUEST & STAFF REPORT For Board of Commissioners BOCC Wednesday Meeting of March 10, 2021 DATE: FROM: Joe Stutler, Natural Resources - Forestry, TITLE OF AGENDA ITEM: Consideration of the Contract and Program for the Central Oregon Cohesive Strategy Initiative Now Known as Central Oregon Living with Fire RECOMMENDATION & ACTION REQUESTED: For consideration of Deschutes County to re -validate the Oregon Living With Fire Program, solicit a Program Coordinator utilizing existing Request for Proposal, administration of the Program Coordinator contract, and increase Deschutes County's share of financial support for the program. Deschutes County Board of Commissioners 1300 NW Wall St., Suite 206, Bend, OR 97703 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org AGENDA REQUEST & STAFF REPORT For Board Meeting of March 10, 2021 DATE: March 2, 2021 FROM: Joe Studer, Deschutes County Senior Advisor REQUEST: For consideration of the Deschutes County to re -validate the Oregon Living With Fire Program, solicit a Program Coordinator utilizing existing Request for Proposal, continue to administer the Program Coordinator contract, and increase Deschutes County's share of financial support for the program. BACKGROUND AND POLICY IMPLICATIONS: By Resolution No. 2018-038, Deschutes County established a governance protocol for the Central Oregon Cohesive Strategy, which has subsequently changed to Oregon Living With Fire. Additionally, each County (Lake, Klamath, Jefferson and Crook) have identical Resolutions; additionally each County is signatory to Memorandums of Understanding specifically identifying the financial obligations for the Program; additionally the Forest Service has executed an Intergovernmental Agreement committing financial resources to the Oregon Living With Fire Program. The Memorandums and Intergovernmental Agreements are current until June 30, 2023. In January 2021, the Program Coordinator chose to not renew the existing contract with Deschutes County creating the existing vacancy. Deschutes County Administrator provided direction to re- validate both the program and the coordinator position, which was accomplished through phone conversations, emails and a virtual meeting with existing Steering Committee members on February 19, 2021. The meeting notes are attached for reference. Every Steering Committee member unanimously agreed that the Oregon Living With Fire Program was both valid and necessary, and fully supported filling the Program Coordinator position. Attached to the Agenda Request are notes from the February 19 2021 Steering Committee meeting, the 2019 and 2020 Programs of Work documenting both tasks and accomplishments, draft Request for Proposal, and job description. Also included are the existing Resolutions, Memorandums of Understanding and Forest Service Intergovernmental Agreement — all will require amendments to change the financial obligations as well as the name of the program. FISCAL IMPLICATIONS: The request is to increase Deschutes County's financial share for the program for $34, 500 annually. By comparison, the Forest Service is contributing $35,743, Crook County is $20,250, Jefferson County is $12,000, Klamath is $6,750, and Lake County previously contributed $2,250. An important note that Lake County will continue to coordinate with the Oregon Living With Fire Program but will no longer be providing financial assistance due to the small portion of Lake County within the landscape boundary. RECOMMENDATION & ACTION REQUESTED: Re -validate Oregon Living With. Fire Program and Program Coordinator, utilizing the existing Request for Proposal (validated by Deschutes County Legal Counsel), fill the Program Coordinator position, and honor previously agreed/approved/existing Resolutions and Memorandums of Understandings by updating the documents to reflect proper financial obligations and accurate account of committee membership. ATTENDANCE: Joe Stutler vCE C0G L BOARD OF A COMMISSIONERS FY 2022 Coals and Objectives Mission Statement: Enhancing the lives of citizens by delivering quality services in a cost-effective manner. Safe Communities: Protect the community through planning, preparedness, and delivery of coordinated services. • Provide safe and secure communities through coordinated public safety and crisis management services. • Reduce crime and recidivism through prevention, intervention, supervision and enforcement. • Collaborate with partners to prepare for and respond to emergencies, natural hazards and disasters. Healthy People: Enhance and protect the health and well-being of communities and their residents. • Support and advance the health and safety of Deschutes County s residents. Promote wecli-being through behavioral health and community support programs. • Help to sustain natural resources and air and water quality in balance with other community needs. • Continue to support COVID-19 pandemic crisis response and community health recovery. Economic Vitality: Promote policies and actions that sustain and stimulate economic vitality. • Support affordable and transitional housing options for vulnerable populations through availability of lands, project planning, and appropriate regulation. • Administer land use policies that promote livability and economic opportunity. • Maintain a safe, efficient and economically sustainable transportation system. • Partner with organizations and manage County assets to attract business development, tourism, and recreation. • Support regional economic recovery from the COVID pandemic. ProvideService Delivery: solution -oriented service that is cost-e*ective and • Ensure quality service delivery through the use of innovative technology and systems. • Support and promote Deschutes County Customer Service "Every Time" standards. • Promote community participation and engagement with County government. • Preserve, expand and enhance capital assets, to ensure sufficient space for operational needs. • Maintain strong fiscal practices to support short and long term county needs. • Provide collaborative internal support for County operations. Cohesive Strategy Vision: To safely and effectively extinguish fire, when needed; use fire where allowable; manage our natural resources; and as a Nation, live with wildland fire. Deschutes County Goals and Objectives Vision and Strategic Goals March 10, 2021 Mission Statement: Enhancing the lives of citizens by delivering quality services in a cost-effective manner Safe Communities: Protect the community through planning, preparedness, and delivery of coordinated services. M _Provide safe and secure communities through coordinated public safety and crisis management services. IN _Reduce crime and recidivism through prevention, intervention, supervision and enforcement. Collaborate with partners to prepare for and respond to emergencies, natural hazards and disasters. Healthy People: Enhance and protect the health and well-being of communities and their residents. Support and advance the health and safety of Deschutes County's residents. M _Promote well-being through behavioral health and community support programs. _Delp to sustain natural resources and air and water quality in balance with other community needs. 0 _Continue to support COVID-19 pandemic crisis response and community health recovery. Economic Vitality: Promote policies and actions that sustain and stimulate economic vitality. M _Support affordable and transitional housing options for vulnerable populations through availability of lands, project planning, and appropriate regulation. ❑ _Administer land use policies that promote livability and economic opportunity. ❑ Maintain a safe, efficient and economically sustainable transportation system. Cohesive Strategy Vision: To safely and effectively extinguish fire, when needed; use fire where allowable; manage our natural resources; and as a Nation, live with wildland fire. "Quality services delivered is the communication/education of the public regarding the realities of wildland fire in Deschutes County. Restore and maintain landscapes: Landscapes across all jurisdictions are resilient to fire -related disturbances in accordance with management objectives. Fire -adapted communities: Human populations and infrastructure can withstand a wildfire without loss of life and property. Wildfire response: All jurisdictions participate in making and implementing safe, effective, efficient risk -based wildfire management decisions. *BOCC, DCSO, CDD, Natural Resources, Project Wildfire, Central OR Living With Fire all collaboratively working with federal/state agencies and local communities accomplishing CS implementation. Restore and maintain landscapes: Landscapes across all jurisdictions are resilient to fire -related disturbances in accordance with management objectives. Fire -adapted communities: Human populations and infrastructure can withstand a wildfire without loss of life and property. Wildfire response: All jurisdictions participate in making and implementing safe, effective, efficient risk -based wildfire management decisions. *BOCC, DCSO, CDD, Natural Resources, Project Wildfire, Central OR Living With Fire all collaboratively working with federal/state agencies and local communities accomplishing CS implementation. Restore and maintain landscapes: Landscapes across all jurisdictions are resilient to fire -related disturbances in accordance with management objectives. Fire -adapted communities: Human populations and infrastructure can withstand a wildfire without loss of life and property. Wildfire response: All jurisdictions participate in making and implementing safe, effective, efficient risk -based wildfire management decisions. 0 _Partner with organizations and manage County assets to attract business development, tourism, and recreation. *BOCC, DCSO, CDD, Natural Resources, Project Wildfire, Central OR Living With Fire all collaboratively working with federal/state agencies and local communities accomplishing CS implementation. Fire -adapted communities: Human populations and Service Delivery: Provide solution -oriented service infrastructure can withstand a wildfire without loss of that is cost-effective and efficient. life and property. Q —Ensure quality service delivery through the use of Wildfire response: All jurisdictions participate in innovative technology and systems. making and implementing safe, effective, efficient 0 _Support and promote Deschutes County Customer risk -based wildfire management decisions. Service, "Every Time" standards. M_Promote community participation and engagement *The response by DCSO, Public Works/Road with County government. Department and Natural Resources meets the "Every Time" standard; the GIS section of provides invaluable 0 _Preserve, expand and enhance capital assets, to technology for evacuations and other predictive ensure sufficient space for operational needs. service and decision support tools. 17 _Maintain strong fiscal practices to support short - and long-term county needs. _ 17 _Provide collaborative internal support for County operations. Details of Virtual Meeting With Oregon Living With Fire Steering Committee February 19, 2021 All Steering Committee members of the Oregon Living With Fire program were present with the exception of Commissioner Kelly Simmelink and NRCS representative Eric Moeggenberg. In both cases, phone conversations prior to the virtual meeting resulted in solid support for the program and continuing staffing the program coordinator position. Those present: Amy Markus (Lake/Klamath Collaborative); Barry Shullanberger, Lake County Commissioner; Tim Deboodt, Crook County Natural Resource Lead; Donnie Boyd, Klamath County Commissioner; Holly Jewkes, Deschutes Forest Supervisor via phone; Shane Jeffries, Ochoco Forest Supervisor; Dennis Teitzel, Prineville BLM District Manager; Rob Pentzer, ODF Assistant District Forester; Commissioner Tony Debone, Deschutes County; Invited guests, Katie Lighthall Western Regional Strategy Committee (WRSC) Coordinator; Ed Keith, Deschutes County Forester. The meeting was organized and facilitated by Joe Stutler, Deschutes County Senior Advisor and Co -Chair of WRSC. The outcomes/expectations of zoom (based on feedback from each of you) are as follows: * Reaffirm both the Oregon Living with Fire Program and the need for a program coordinator: The conversation began with Ed Keith asking a pertinent question, "what are the expected outcomes and what are the needs of the program, until that is understood, perhaps having a program that replicates other activities isn't necessary." The group weighed in on the roles/outcomes/needs from their respective stakeholder perspectives. A summary includes but not limited to the following: A convening role for each county to focus on Cohesive Strategy, provide community education and information on Cohesive Strategy implementation and what living with fire in Central OR may look like; market Cohesive Strategy and be a point of contact for the Steering Committee and stakeholders in the respective counties; a connection point with the Western Regional Strategy Committee and at the national level with Wildland Fire Leadership Council; provide leadership with Good Neighbor Authority and Shared Stewardship programs; address smoke issues from both unplanned ignitions and Rx burn, providing education on the impacts on resilient landscapes; keeping the program intact for new initiatives coming from the new administration, which equates likely increased funding for all stakeholders, manage landscapes together to increase pace and scale for restoration and create resiliency; address wildland fire and sage grouse issues, expand opportunities for Joint Chief projects and Collaboratives within the landscape, education linkage with Extension Services, message and celebrate acres treated and why that's important; realize the growth of new populations in Central OR and focus communication and education on that audience; there was agreement not to replicate or duplicate existing efforts but connect the dots with those activities and the Central Oregon Program must identify a specific item to lead e.g. Paradise Workshop, FireFree, Learning Labs etc. * What are the top 3 things the program should do different/new that is not included in the Program of Work. Interesting that most of the role/functions identified above have been identified in the programs of work for 2019 and 2020 with documented accomplishment; the top 3 included Good Neighbor Authority and Stewardship Agreements, facilitating new legislation/policies that have Cohesive Strategy implications; utility companies and connections to federal and state agencies to have uniform implementation of power line treatments; real emphasis on communication and education to the publics, identify shared funding opportunities with federal, state, local government and other grant and "off budget" opportunities, emphasis on Extension Service coordination with new positions. * We've heard from Klamath County, which wishes to remain committed to the program; Lake County's status up for discussion. Klamath County remains solidly behind the program and wishes to continue; Lake County wishes to retain a full partnership with the Central Oregon effort but since such a small piece of the landscape will continue to participate but not be a fiscal sponsor. Lake County representatives will continue joining the communication/coordination efforts. * The current steering committee was never filled completely based on the Resolutions passed for membership, shall we continue filling and are the current Board members the right/best representative for the stakeholder group? Broad agreement to continue filling vacancies as per the respective resolutions, suggested additions are Extension Service, Tribal, air quality committee from Prineville, Klamath County private landowners, possible membership from FireFree organization. There was agreement to look at a governance document e.g. Charter and perhaps electing a chair as per the resolutions. * Current board membership comments/suggestions not covered or mentioned. Eric from NRSC phoned in earlier and his organization is solidly behind the program and filling the coordinator position, Eric felt strongly that the selected person should be local with an understanding of stakeholders and values, someone with significant connections and intellectual property to both convene and facilitate. There was agreement that the Oregon Living With Fire Program should continue, grow and have a dedicated program coordinator. There was agreement that no single member of the Steering Committee could take on the duties of the coordinator. Please let me know if there are additional items and Deschutes County will proceed with reaffirming the program with the BOCC from Deschutes County and proceed with the coordinator position. Again, thanks for the participation and honest conversations today... Joe Stutler Senior Advisor, Deschutes County Wildland Fire Cohesive Strategy, Western Region Co -Chair Area Commander, Area Command Team #1 Email: joe.stutler@deschutes.org Phone: (541) 408-6132 "Anything other than your best effort, always results in a lost opportunity." (R(EVIEWWED `V & 0 LEGAL COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A Resolution Establishing a Governance Protocol for the Central Oregon Cohesive Strategy * RESOLUTION NO. 2018-038 Initiative (COCSI) Steering Committee WHEREAS, the Central Oregon Cohesive Strategy Initiative (COCSI) began with multiple stakeholder support in September 2016; and WHEREAS, the primary purpose in formation of COCSI is to implement the National Wildland Fire Cohesive Strategy from an "all hands, all lands approach" with specific focus within the five counties (Crook, Deschutes, Jefferson, Klamath and Lake) in Central Oregon; and WHEREAS, an informal Steering Committee was established to provide guidance and direction to the acting Program Coordinator; and WHEREAS, the Steering Committee, with broad stakeholder support, decided to create a contractual position that would serve as the COCSI Program Coordinator; and WHEREAS, a Memorandum of Understanding with Crook, Deschutes, Jefferson, Klamath and Lake Counties was approved to provide stable funding for the COCSI Program Coordinator; and WHEREAS, a Participating Intergovernmental Agreement was signed by the Deschutes National Forest, Ochoco National Forest with Deschutes County to provide an additional source of funding for the COCSI Program Coordinator; and WHEREAS, Deschutes County will provide contractual administration and oversight for the COCSI Program Coordinator; and WHEREAS, the COCSI Steering Committee will continue providing program guidance and direction to the contractual COCSI Program Coordinator; and WHEREAS, the COCSI Steering Committee will be comprised of representatives from the following stakeholders in Central Oregon: (1) representative from Crook County government, (1) representative from Deschutes County government, (1) representative from Jefferson County government, (1) representative from Klamath County government, (1) representative from Lake County government, (1) representative from the Deschutes National Forest, (1) representative from the Ochoco National Forest, (1) representative from the Prineville BLM, (1) representative from the Oregon Department of Forestry, (1) representative from the Natural Resources Conservation District, (1) member each for a total of five, from each County, a stakeholder representing diverse groups with an interest in implementing the National Wildland Fire Cohesive Strategy, for a total of a 16-member Steering Committee; and WHEREAS, the COCSI Steering Committee members will each serve a two-year term, elect a chair, vice chair, and continue to provide program guidance and direction to the Program Coordinator, with the Program Coordinator being responsible for scheduling conference calls and meetings as necessary; and PAGE I OF 2 —RESOLUTION NO.2018-03 8 WHEREAS, Deschutes County desires to formalize the governance and protocols of the COCSI Steering Committee; now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, as follows: Section 1. Recognize/Establish the COCSI Steering Committee with the stated purpose of implementing the National Wildland Fire Cohesive Strategy within the five counties in Central Oregon. Section 2. Task the COCSI Steering Committee to provide program guidance and direction to the COCSI Program Coordinator, Section 3. Task the COCSI Program Coordinator to provide semi-annual progress reports to the respective County Boards of County Commissioners and other significant stakeholders. BOARD OF COUNTY COMMISSIONERS Dated this of 20 1 K DEBONE, PHILIP G. H%VDERSON, VICE -CHAIR /". VV TAMMY BAN OMMISSIONER ATTEST: r Recording Secretary PAGE 2 of 2 — RESOLUTION NO.2018-03 8 Cohesive Strategy Initiative Steering Committee Appointments Defined Per Name Term Resolution No. 2018-038 Expiration Crook County Government VACANT— Never Filled Crook County Tim DeBoodt 12/31/2020 Non -Government Deschutes County Commissioner Anthony DeBone Government Deschutes County VACANT— Never Filled Non -Government Jefferson County Commissioner Kelly Simmelink Government Jefferson County VACANT— Never Filled Non -Government Klamath County Commissioner Donnie Boyd Government Klamath County Danielle Leavell 12/31/2020 Non -Government Lake County Government Commissioner Mark Albertson Lake County Amy Markus, USES, Fremont-winema National Forest 12/31/2020 Non -Government US Forest Service Holly Jewkes 12/31/2020 Deschutes National Forest US Forest Service Shane Jeffries 12/31/2020 Ochoco National Forest Prineville BLM Dennis Teitzel 12/31/2020 Oregon Dept of Forestry Rob Pentzer 12/31/2020 Natural Resource Eric Moeggenberg 12/31/2020 Conservation District Coordinator Resigned 1212020 Membership: Steering committee appointments are defined in Resolution No. 2018-038 as comprised of 16 members representing stakeholders however in the Memorandum of Understanding the committee members are defined as 12 members. Clarification in documentation is required. Deschutes County Request for Proposal Deschutes County is seeking proposals to provide the following service: Central Oregon Cohesive Strat gy iflid ti='eLiving With Fire Coordinator SUMMARY This is not an employee position, but is a contractual independent contractor arrangement. The selected contractor must meet the IRS guidelines and qualify under Oregon law as an independent contractor. A one-year contract with Deschutes County and the selected contractor will be signed and may be renewed on an annual basis upon agreement by both parties. Contractor will be designated to the Central Oregon Cohesive trategyInitiative (GOGSLiving_With Fire program) to perform services as Coordinator. Contractor must provide his/her own transportation as well as proof of general liability and automobile insurance. General liability coverage limits of $1,000,000/$2,000,000 and automobile limits of $500,000. Deschutes County must be designated as an additional insured. The contractor will provide primary program management, coordination_ for- COGS! and will carry out the mission and goals of COE!as stated in the position description. The selected contractor will also maximize COCSI-programs by organizing, preparing, collecting and disseminating information, developing community partnerships with businesses, organizations and agencies. The Coordinator will ensure adherence to project schedules and the annual Program of Work, write grants to secure funding and complete required status reports. Expected time commitment is roughly 150 hours per month, but could vary widely from month to month. The Living With Fire COGS! Steering Committee and the Deschutes County Senior Advisor provide overall direction to the Coordinator in alignment with the annual program of work. NATURE AND SCOPE Coordinator will work with the Living With Fire COGS! Steering Committee and Senior Advisor to accomplish the annual program of work. The nature of the work will be general coordination of the program and its components. This position is the key role for the Living With Fire programGOGSI in Deschutes, Jefferson, Crook, Klamath and Lake Counties. The Coordinator is responsible for organizing and administering communications so the public, area businesses, key stakeholders and agencies are aware of Living With FireGOGS and its benefits to the community. Coordinator is frequently called upon to exercise independent judgment and decision -making. Coordinator will work with a wide variety of groups and individuals, including city and county government and elected officials, public and private agencies, local and national businesses, county agencies, service organizations, media and staff. Work may be required at times other than normal business hours. RESPONSIBILITES The Coordinator is responsible for the day-to-day business of the Living With Fire prograraCDC-SJ and for the facilitation and implementation of the COGS Program of Work. The Coordinator works closely with the Steering Committee and Senior Advisor to accomplish tasks and with-GOG-91 stakeholders to advance the Cohesive Wildland Fire Strategy across Deschutes, Jefferson, Crook, Klamath and Lake Counties. The Coordinator is the point of contact and network leader for the broadening network of Cohesive Strategy stakeholders in the counties and serves as the spokesperson and communications director for the Living With Fire programC9CSJ. Duties: • In coordination with Steering Committee, Senior Advisor and stakeholders, develop and implement an annual Program of Work for Living With Fire.the GOCS • Coordinate in -person and phone meetings of the-C9C81 Steering Committee. • Maintain administrative activities and facilitate the day-to-day business of the pro am-C9G&1. • Attend collaborative meetings in each county that support local Cohesive Strategy implementation efforts, as appropriate. • Participate in the monthly meetings with the Western Region of the National Cohesive Wildland Fire Management Strategy. • Create and maintain an interactive web presence for Living With Fire COGS! information for the Steering Committee as well as the stakeholders and public. • Facilitate development of Learning Laboratories to share "how-to", experiences, guidance, success stories and lessons learned. E.g. Quarterly meetings for stakeholders, webinars, web portal, town halls, ways for people to talk about how the Cohesive Strategy is being implemented. • Create and maintain other communications efforts such as Facebook, Twitter, a regular eNewsletter and/or other emerging communications opportunities. • Routine (daily) networking and relationship building with-O9GS1 stakeholders, partners and those agencies and organizations implementing the Cohesive Strategy in the field. • Facilitate grant research and grant writing to support the organization and activities of the Living With Fire programC9GS1 and identify and develop new sources of funding for implementation of the Strategic Goals of the Cohesive Strategy in the Central Oregon landscapeafe ^r 90GS4 • Document success stories/lessons learned and regularly share with stakeholders and the public. • Facilitate development of performance measures and monitoring information to assess effectiveness and accountability of programs connected with or developed by Living With Fire COGS . • Travel for attendance and presentation at appropriate conferences and meetings. • Coordinates with and reports to the COGS! Steering Committee and Deschutes County Senior Advisor. Outcomes: While specific outcomes in each county may vary, there are broad outcomes that will be achieved because of the work of the Steering Committee and the duties of the Coordinator outlined above. • Communication between county -level collaboratives and projects is improved. • Understanding is increased about what the Cohesive Strategy is, and how it can, and is being implemented. • The Living With Fire pro ra��'��GOG is the recognized "expert" entity on the Cohesive Strategy and its implementation in Central Oregon. • The pace and scale of Cohesive Strategy implementation by all stakeholders is improved and increased. • Stakeholders in all five counties will understand the concept of wildland fire risk management, including risk sharing and transfer, and successful mitigation of risk, both towards the goals of landscape resiliency and fire adapted communities. • Living With FireGOCS will maximize the utilization of a Learning Laboratory environment resulting in changes in attitudes, behaviors and culture thus achieving the long-term vision of the Cohesive Strategy, "learning to live with wildland fire." QUALIFICATIONS • Candidate will have demonstrated communication and interpersonal skills and an ability to interface with a variety of audiences (verbal and written). • Must remain a neutral party capable of listening to a variety of viewpoints and be able to facilitate groups that consist of people with diverse backgrounds, but also be able to promote projects Living With Fireth r� COGST approves. • Grant writing and project management skills. Ability to multitask with several complex projects is a necessity. • Demonstrated experience and ability in organizing, managing, coordinating, planning, and sequencing the activities involved in completing projects. • A background and understanding of the wildland fire environment of Central Oregon, or experience in geographic areas with similar wildland fire environments. • A comprehensive knowledge of the National Wildland Fire Cohesive Strategy or the ability to come up to speed quickly. Written proposals can be submitted to the Deschutes County Senior Advisor at 61150 SE 271 Street, Bend OR 97702. Proposals can also be submitted via email to joe.stutlerndeschutes.org. Proposals must be submitted no later than 12:00 pm on March 1, 2021 ^r^' 30 2019. Proposal should include a proposed hourly rate, along with experience and qualifications and a list of past and current clients. A selection committee (COGS! Steer -inn Ge ,aitt e) will review the proposals and interviews, if appropriate, will be scheduled. For further information contact: Joe Stutler, Deschutes County Senior Advisor (541) 408-6132 joe. stutlerkdeschutes. org Job description for Coordinator/Community Leader for Central Oregon Cohesive Strategy Initiative The Coordinator is responsible for the day-to-day business of the Central Oregon Cohesive Strategy Initiative (COCSI) and for the facilitation and implementation of the COCSI Program of Work. The Coordinator works closely with the Steering Committee to accomplish tasks and with COCSI stakeholders to advance the Cohesive Wildland Fire Strategy across Deschutes, Jefferson, Crook, Klamath and Lake Counties. The Coordinator is the point of contact and network leader for the broadening network of Cohesive Strategy stakeholders in the counties and serves as the spokesperson and communications director for the COCSI. Duties: • Facilitate and implement the COCSI Program of Work. • Coordinate in -person and phone meetings of the Steering Committee. • Maintain administrative activities and facilitate the day-to-day business of the COCSI. • Attend collaborative meetings in each county that support local Cohesive Strategy implementation efforts, as appropriate. • Participate in the monthly meetings for the Western Region of the National Cohesive Wildland Fire Management Strategy. • Create and maintain a web presence for COCSI information for the Committee as well as the public. • Facilitate development of Learning Laboratory to share "how-to", experiences, guidance, success stories and lessons learned. (Quarterly meetings for stakeholders, webinars, web portal, town halls, ways for people to talk about how they implement CS, etc.) • Create and maintain other communications efforts such as Facebook, Twitter, a regular eNewsletter and/or other emerging communications opportunities. • Routine (daily) networking and relationship building with COCSI stakeholders, partners and those agencies and organizations implementing the Cohesive Strategy in the field. • Facilitate grant research and grant writing to support the organization and activities of the COCSI. • Document success stories/lessons learned and regularly share with stakeholders and the public. • Facilitate development of performance measures and monitoring information to assess effectiveness and accountability. • Travel for attendance and presentation at appropriate conferences and meetings. • Works under the supervision and direction of the COCSI Steering Committee. Outcomes: While specific outcomes in each county may vary, there are some broad outcomes that will be achieved as a result of the work of the Steering Committee and the duties of the Coordinator outlined above. • Communication between county -level collaboratives and projects is improved. • Understanding is increased about what the Cohesive Strategy is, and how it can, and is being implemented. • The COCSI is the recognized "expert" entity on the Cohesive Strategy and its implementation in Central Oregon. • The pace and scale of Cohesive Strategy implementation by all stakeholders is improved and increased. • Stakeholders in all five counties will understand the concept of wildland fire risk management, including risk sharing and transfer, and successful mitigation of risk, both towards the goals of landscape resiliency and fire adapted communities. • COCK will maximize the utilization of a Learning Laboratory environment resulting in changes in attitudes, behaviors and culture thus achieving the long-term vision of the Cohesive Strategy, "learning to live with wildland fire." Central Oregon Cohesive Strategy — 2020 Program of Work Objective CS Goal Activity When Outcomes/Notes Develop partnerships with local Resilient Collaborative groups by attending regular Landscape meetings and participating as appropriate Ongoing items unless & Fire in local related field activities i.e. Ochoco otherwise determined Adapted Collaborative, Klamath Lake Forest Health Comm Project, Deschutes Collaborative Forest Project C)n Track; Alison has been Build relationships with non-traditional Dec work=iris; with Builders and developers on focused All Goals partners within the landscape i.e. builders, 2020 education opportunities. The realtors, utility companies, etc. workshop for utilities was post oned due to COVID 19 Fire Orr Track; working xvith Adapted Create & Maintain relationships with Dec Walker Range and Brothers Comm & Rangeland Patrol Associations 2020 Hampton RhPA on Response educational opportunities Resilient Maintain relationship with Pacific Landscape Northwest sub -network, and the National Ongoing item unless & Fire Fire Adapted Communities & Fire otherwise determined Adapted Learning Networks. Comm Partnerships Develop new relationships with other Ongoing item unless All Goals stakeholders across the landscape otherwise determined Maintain relationship with Central Oregon Ongoing item unless All Goals Fire Chiefs Association, Project Wildfire, otherwise determined Smoke and Public Health, & other groups. Engage with Region 6, local Forest On Track; planning meeting scheduled for early .lone; All Goals Service, & Oregon Department of Forestry Dec aiming for a fall on shared stewardship definitions in 2020 workshop/beginning Central Oregon discussion Maintain partnership with the National Ongoing item unless All Goals Cohesive Strategy efforts with the Western otherwise determined Region Research & explore funding and/or co- sponsorship opportunities for known and unknown activities (i.e. engaging Federal Contacts for supplemental funding for Ongoing item unless All Goals Forest Activities; additional funding from otherwise determined National Fire Adapted Communities Learning Network for FAC in 5-County area; Rural & Economic development opportunities) Resilient Facilitate the creation of all hands, all On Track; Ochoco NF Landscape lands groups committed working across Dec y received Joint Chiefs & Fire boundaries & look for tie in with shared 2020 handing; Deschutes is working on an application to Adapted Comm stewardship be submitted in fall 2020 Still work to be done here; Build partnerships to boost biomass working on building Resilient utilization throughout the region; i.e. Red Dec relationships between Des Landscape Rock biofuels, local solid waste 2020 Cty SW & Red rock to see if companies; biomass in Crook County material can/will be accepted Explore development and printing of educational materials i.e. Success stories Dec On Track; design to start All Goals for events; Have customized outreach 2020 this surnmer and printing to be clone in fall 2020 materials for different usergroups Potential Plan &facilitate at least one learning lab in Dec l.o°k'" to the tall` spring options postponed due to All Goals the landscape 2020 COV;ID Continue to build relationships with local media partners & Capitalize on teachable Ongoing item unless All Goals moments through media partnerships & otherwise determined social inedia platforms Resilient Landscape Plan and implement at least one live Looking to the fall; spring & Fire prescribed fire tour for public and elected 020 options postponed due to Adapted officials COVID Comm On Track; blop posted on Create regular Newsletter (quarterly) & Dec the new website with 4 All Goals Blog Calendar (monthly) to share news 2020 aaaonths of blogs plajnned. I" with stakeholders newsletter sent in April with new branding Communications Develop and distribute a reports of item unless All Goals All stakeholder implementation stories bi- otherwise determined annually Distribute an annual report for COCSI activities —social media numbers since Ongoing item unless All Goals beginning, how you met each of the otherwise determined deliverables above, financials, etc. Create a story board to illustrate work Dec OnTrack; rack. exploring topics All Goals within the COCSI landscape for sharing on 2020 to develop; design to be social media, website, etc. finalized by fall 2020 Resilient Landscape Ongoing items unless & Fire Smoke and prescribed fire messaging otherwise determined Adapted Comms Resilient Landscape Create feedback loops for the public to On Track; will have the first & Fire provide feedback on Central Oregon Fire 020 phase draft complete by end Adapted Info of June Comms All Goals Finalize website for COCSI Mar 2020 Completed On Track; looking to the fall Continue partnership, with COCC to host ' to sec what options are Fire Adapted Wildfire Home Protection Strategies Dec available,, hosted classes in Jan & April April class was Comms Course. Look for opportunities to present 2020 virtual; the class model is that class in more venues being adapted in other parts ' of OR, in WA & CO All Goals Attend face to face for Western Region in Jan Sacramento, CA 2020_onaplctcd Response & Fire Attend the Wildland Urban Interface Mar Postponed until Nov 2020 Adapted Conference in Reno 2020 due to COVID Comm Conferences & Presentations Fire Attend the Fire Adapted Communities Apr Adapted Learning Network Workshop in Salt Lake 2020 Attended Virtually Comm City, UT All Goals Attend the Western Region Cohesive June Postponed until further° notice' topic Focused on Strategy Face to Face 2020 rangeland issues All Goals Attend Cohesive Strategy Workshop in Oct Postponed to 021 North Carolina 2020 Plan & facilitate the Pre -Season meeting Jun On Track; Meeting planned for 18" a virtual Response with COFMS & COFCA 2020 .tune as opportunity Maintain a balance of representation and Ongoing item unless All goals leadership contribution on the COCK otherwise determined Steering Committee. Provide orientation materials to new members including the governing Ongoing item unless All goals resolution and the previous meetings' otherwise determined Membership minutes. On Tracl., ,laii meeting All goals Establish a regular quarterly meeting Jan complete, personal phone calf; in May: race to Face in schedule &face to face meeting time 2020 July as regulations allow; fall meeting; TBO Grow and maintain a distribution list for Ongoing item unless All goals the network I otherwise determined Central Oregon Cohesive Strategy — 2019 Program of Work Obiective CS Goal Activity When Outcomes/Notes Develop partnerships with local Resilient Collaborative groups by attending regular Attending meetings as Landscape meetings and participating as appropriate available and CO Cohesive & Fire in local related field activities i.e. Ochoco Dec 2019 Strategy is receiving the Adapted p Collaborative Klamath Lake Forest Health � details for the meetings. Comm Project, Deschutes Collaborative Forest Project Fire Building relationships with Adapted Create & Maintain relationships with Dec 2019 local RFPAs, had existing relationships with Comm & Rangeland Patrol Associations Brothers -Hampton & Response Walker Range Resilient Landscape Maintain relationship with Pacific In progress; Ongoing item & Fire Northwest sub -network, and the National Dec 2019 unless otherwise Adapted Fire Adapted Communities &Fire determined Comm Learning Networks. All Goals Develop new relationships with other Dec 2019 In progress; Ongoing item unless otherwise stakeholders across the landscape determined Maintain relationship with Central Oregon In progress; Ongoing item All Goals Fire Chiefs Association, Project Wildfire, Dec 2019 unless otherwise Smoke and Public Health, & other groups. determined Partnerships Engaged in mulitpel conversation with Oregon Fire Explore the possibility of a Statewide State Fire Marshal's office on Adapted Oregon Fire Adapted Communities Dec 2019 the formation of a State Comm Learning Network Network; All parties agreed to await the findings of the Governor's Wildfire Council. Maintain partnership with the National In progress; Ongoing item All Goals Cohesive Strategy efforts with the Western Dec 2019 unless otherwise Region determined Research & explore funding and/or co- sponsorship opportunities for known and unknown activities (i.e. engaging Federal Will continuously explore Contacts for supplemental funding for finding opportunities for 5- All Goals Forest Activities; additional funding from Dec 2019 county efforts; Ongoing National Fire Adapted Communities item unless otherwise Learning Network for FAC in 5-County determined area; Rural & Economic development opportunities) Resilient Creation and evolution of Landscape Facilitate the creation of all hands, all the Deschutes Joint Chief s & Fire lands groups committed working across Dec 2019 working group into the Adapted boundaries beginning of an all hands, Comm all lands group. Explore development and printing of Awaiting website and All Goals educational materials i.e. Success stories Dec 2019 branding package to, finalize printed materials for events for consistency. Finalized group name: Oregon: Living with Fire; After multiple logo designs All Goals Finalize group name & logo Feb 2019 that were not satisfactory, the website creation will include a logo design; utilizing the National CS logo as a stand in All Goals Finalize & agree on mission, elevator Feb 2019 Existing marketing from the launch didn't receive any statements and communications platforms p notable changes. Hosted a joint learning lab Potential Plan & facilitate at least one learning lab in Dec 2019 between Klamath and Deschutes on a large fire All Goals Klamath or Lake County scenario & post -fire recovery discussion. All Goals Establish relationships with local media Mar 2019 Complete; Ongoing item unless otherwise partners determined Social media platforms will be developed Capitalize on teachable moments through concurrently with the All Goals media partnerships & social media Dec 2019 website for consistency; platforms have shared COCS's business model in WA, ID, . and HI Resilient Complete; hosted two live Aid & attend live prescribed fire tour in prescribed fire tours in Landscape partnership with Project Wildfire to May spring 2019 & fall 2019. & Fire develop success stories and as a model for 2019 Reached approximately 35 Adapted p implementation across Central Oregon. members of the public and Comm media Social media platforms Communications All Goals Create regular Newsletter & Blog Calendar Feb 2019 will be developed to share newswith stakeholders concurrently with the website for consistency Develop and distribute a reports of Complete; Ongoing item All Goals stakeholder implementation stories bi- Dec 2019 unless otherwise annually determined Distribute an annual report for COCSI All Goals activities — social media numbers since Dec 2019 Complete beginning, how you met each of the deliverables above, 'financials, etc.' Create a story board to illustrate work Will be included in the All Goals within the COCSI landscape for sharing on Dec 2019 website design social media, website, etc. Resilient In progress; Ongoing items Landscape unless otherwise & Fire Smoke and prescribed fire messaging Dec 2019 determined; launch of Adapted prescribed fire text alerts Comms for COFMS. Create social media platforms for COCSI Mission statement &key All Goals within 6 weeks of necessary element Jun 2019 messages are developed. creation; i.e. logo, mission statement, key Logo is in progress messages, etc. Websites All Goals Work with small adhoc committee to Jun 2019 In progress Create draft website for COCSI review In progress; to be All Goals Finalize website for COCSI Dec 2019 completed by February 2020 Response & Fire Attend Smoke Summit in Ashland Feb 2019 Complete Adapted Comm Response & Fire Attend the Wildland Urban Interface Mar 2019 Complete Adapted Conference in Reno Comm Fire Attend the Fire Adapted Communities Adapted Learning Network Workshop in Ashland, Apr 2019 Complete Conferences & Comm Oregon Presentations All Goals Attend the Western Region Cohesive June Complete Strategy Face to Face 2019 All Goals Attend Cohesive Strategy Workshop in Oct 2019 Complete Massachusetts Response Plan & facilitate the Pre -Season meeting, May/Jun Complete p for COFCA &Decision Makers 2019 Response & Fire Facilitate at least 2 conversations about Dec 2019 Complete Adapted incidents such as the Camp Fire Comm Maintain a balance of representation and Ongoing item unless All goals leadership contribution on the COCSI Dec 2019 otherwise determined Steering Committee. Provide orientation materials to new All goals members including the governing Dec 2019 Ongoing item unless resolution and the previous meetings' otherwise determined Membership minutes. All goals Establish a regular meeting schedule & Jan 2019 Ongoing item unless face to face meeting time otherwise determined Distribution list started at All goals g Grow and maintain a distribution list for Dec 2019 467, the current list is 617. the network Ongoing item unless otherwise determined Other Accomplishments from 2019: • Customized class for the Central Oregon region focused on Home Ignition zone concepts. We have hosted 2 classes thus far and had a total of 75 people attend the class. We have another class planned for early January with one class already sold out. The same class would cost close to $9,000 per class if we had hired outside instructors to conduct the class. With the 6 classes we have planned through a partnership with COCC we have saved $56,000 within 9 months. • Presented and shared COCSI's model with agencies in Washington and Idaho. • Had PSAs running throughout the summer on Bend Radio Group highlighting the three goals of the Cohesive Strategy. This was all earned media and did not cost our group at all. • Had multiple conversations with All -Tree. They are considering a biomass plant in Prineville that could utilize small diameter wood products from both private and public lands. We initially met at the 3rd National Cohesive Strategy Workshop and continued our conversations when they visited in late October. • Working to build relationships between local solid waste departments and Red Rock Biofuels to look at options for biomass utilization. As well as building relationships with Sustainable NW to identify any biomass options for Central Oregon. • Working with COIC on CWPP best practices and Title III funding options so they can develop customize programs in partnership with the local elected officials. • Working with Prevention Technicians and local collaborative forests to develop customized outreach items for user groups i.e. hunters, OHV users, horseback riders, etc. to ensure messaging for fire prevention and cohesive strategy is received by these groups. Aiming for completion in Spring 2020. • Working with local prescribed fire sub -committee to create a "coalition" of agencies and individuals that will work on wildland fire use topics into the future. R VIEW LEGAL COUNSEL MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") is between Crook County, Jefferson County, Klamath County, Lake County, and Deschutes County, all political subdivisions of the State of Oregon. EFFECTIVE DATE: This MOU is effective as of March 14, 2018, and shall terminate June 30, 2023, unless extended or terminated earlier in accordance with its terms. DESCRIPTION: This MOU applies to operations of the Central Oregon Cohesive Strategies Initiative (COCSI). PURPOSE: This MOU is intended to document the intention of said counties to work together, on a continuing basis, toward maximum cooperation and mutual assistance in the areas of watershed restoration and community protection efforts for the purpose of implementation of the National Wildland Fire Cohesive Strategy in Central Oregon. I. RESPONSIBILITIES: Each party to this MOU has equal rights with regard to appointments to the COCSI Steering Committee and general operational and financial oversight of COCSI. 2. STEERING COMMITTEE: A Steering Committee, comprised of 12 members, is authorized and charged with administering all operations of COCSI. The Steering Committee shall: (a) report periodically to each designated County contact person, (b) assist (by way of consensus recommendations) the Deschutes County Administrator with recruitment, hiring and supervision of the COCSI Coordinator; (c) undertake related functions as appropriate; and (d) assist the COCSI Coordinator with grant and other fiscal solicitations. 3. COCSI COORDINATOR: The COCSI Coordinator shall be contracted with Deschutes County. Compensation and other terms of retention shall be as provided in the personal services contract that the COCSI Coordinator signs with Deschutes County. The COCSI Coordinator, with input from the Steering Committee, shall report to and serve at the pleasure of the Deschutes County Administrator. 4. FINANCIAL RESOURCES: Operations and activities of COCSI and the COCSI Coordinator shall be funded by (a) designated contributions by the parties to this MOU, and (b) grants and other available revenue sources. 5. DESIGNATED CONTRIBUTIONS: Annually in March, the Steering Committee shall determine a minimum budget necessary to provide for operations of the COCSI, including compensation and expenses associated with the COCSI Coordinator. The minimum budget shall then be allocated among the parties to the MOU according to the following formula: PAGE 1 OF 4 - MOU RE CENTRAL OREGON COHESTVE STRATEGIES INITIATIVE (COCSI) no 2018"P110 COUNTY PERCENTAGE YEAR 1 FINANACIAL CONTRIBUTION (due by 8/1/2018) Crook 27% $20,250 Jefferson 1606 $ 12,000 Klamath 9% $6,750 Lake 3% $2,250 Deschutes o $33,750 6. TERMINATION: Mutual Consent. Any party may terminate its participation in this MOU for any reason by providing thirty (30) days' written notice to the other parties. 7. INDEPENDENT PARTY: It is agreed and understood that each party subject to this MOU will perform services and/or activities related to this MOU as an independent party, and not as an employee or agent of the other party. 8. ASSIGNMENT: The parties hereto may not assign this MOU, in whole or in part, without the prior written consent of all parties. 9. BINDING EFFECT: The terms ofthis MOU shall be binding upon and inure to the benefit of each of the parties and each of their respective administrators, agents, representatives, successors and assigns. 10. AGENCY AND PARTNERSHIP: None of the parties are, by virtue of this MOU, a partner or joint venture with any other party, nor shall any party have any obligation with respect to the other party's debts or liabilities of whatever kind or nature. 11. INDEMNIFICATION: To the extent permitted by Article XI, Section 10, of the Oregon Constitution and the Oregon Tort Claims Act, ORS 30.260 through 30.300, each party shall defend, save, hold harmless and indemnify the other and their officers, employees and agents from and against all claims, suits, actions, losses, damages, liabilities costs and expenses of any nature resulting from or arising out of, or relating to the activities of that party or its officers, employees, contractors, or agents under this MOU. 12. NON-DISCRIMINATION: Each party agrees that no person shall, on the grounds of race, color, creed, national origin, sex, marital status, age or sexual orientation, suffer discrimination in the performance of this MOU when employed by either party. Each party agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Section V of the Rehabilitation Act ofl 973 as amended, and all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Additionally, each party shall comply with the Americans with Disabilities Act of 1990 as amended, ORS PAGE20F4-MOU RE CENTRAL OREGONCOHESIVE STRATEGIES INITIATIVE (COCSI) 659.425, and all regulations and administrative rules established pursuant to those laws. 13. ATTORNEY FEES: In the event an action, lawsuit, or proceeding, including appeal therefrom is brought for failure to fulfill or comply with any of the terms of this MOU, each party shall be responsible for its own attorney fees, expenses, costs, and disbursements for said action, lawsuit, proceeding or appeal. 14. NO WAIVER OF CLAIMS: The failure by any party to enforce any provision of this MOU shall not constitute a waiver by that party of that provision or of any other provision of this MOU. 15. SEVERABILITY: Should any provision or provisions of this MOU be construed by a court of competent jurisdiction to be void, invalid or unenforceable, such construction shall affect only the provision or provisions so construed, and shall not affect, impair or invalidate any of the other provisions of this MOU which shall remain in full force and effect. 16. HEADINGS: The headings of this MOU are for convenience only and shall not be used to construe or interpret any provisions of this MOU. 17. APPLICABLE LAW: This MOU shall be governed by and interpreted in accordance with the laws of the State of Oregon. 18. ENTIRE AGREEMENT: This MOU constitutes the entire agreement between the parties concerning the subject matter hereof, and supersedes any and all prior or contemporaneous agreements or understandings between the parties, if any, whether written or oral, concerning the subject matter of this MOU which are not fully expressed herein. This MOU may not be modified or amended except by a writing signed by all parties. 19. COUNTERPARTS: This OU may be executed in one or more counterparts, including electronically t nsmitted counterparts, which when taken together shall constitute one in t me instrument. Facsimiles and electronic transmittals of the sign ocument shall be binding as though they were an original of such signed o ment. �� By. et rawforS Judge By: RfL� ��c \ Cad � Ct "Q-- Date: {,Q& Z18 �_ Date: PAGE 3 OF 4 - MOU RE CENTRAL OREGON COHESIVE STRATEGIES INITIATIVE (COCSI) aJ ZFRSON CO T Date: — _ / =1 3"��_ — i oil km I wffl r. DESCHUTE COU Y: By: Tom Anderson, Administrator Date: PAGE 4 OF 4 - MOU RE CENTRAL OREGON COHESIVE STRATEGIES INITIATIVE (COCSI) Cohesive Coordinator Funding Receipts Receipts Crook County $' S 20,250.00 S 20,250LOU 3 20,250.O0 Deschutes County ' 33,750.DO 33,750.00 33'750.O8 Jefferson County ' I2,000.DO 12,000.80 12,000.00 Klamath County ' 6'750.00 6750.00 6'750.00 Lake County 2,250.00 - 2,250.00 2'250.00 U6Forest Service ' ' 33646.68 33065.89 Total Receipts 2^250.00 72,750.00 108,646.68 108,065.89 R VIIEWEL LEGAL COUNSEL This Memorandum of Understanding ("MOU") is between Crook County, Jefferson County, Klamath County, Lake County, and Deschutes County, all political subdivisions of the State of Oregon. EFFECTIVE DATE: This MOU is effective as of March 14, 2018, and shall terminate June 30, 2023, unless extended or terminated earlier in accordance with its terms. DESCRIPTION: This MOU applies to operations of the Central Oregon Cohesive Strategies Initiative (COCSI). PURPOSE: This MOU is intended to document the intention of said counties to work together, on a continuing basis, toward maximum cooperation and mutual assistance in the areas of watershed restoration and community protection efforts for the purpose of implementation of the National Wildland Fire Cohesive Strategy in Central Oregon. i. RESPONSIBILITIES: Each party to this MOU has equal rights with regard to appointments to the COCSI Steering Committee and general operational and financial oversight of COCSI. 2. STEERING COMMITTEE: A Steering Committee, comprised of 12 members, is authorized and charged with administering all operations of COCSI. The Steering Committee shall: (a) report periodically to each designated County contact person, (b) assist (by way of consensus recommendations) the Deschutes County Administrator with recruitment, hiring and supervision of the COCSI Coordinator; (c) undertake related functions as appropriate; and (d) assist the COCSI Coordinator with grant and other fiscal solicitations. 3. COCSI COORDINATOR: The COCSI Coordinator shall be contracted with Deschutes County. Compensation and other terms of retention shall be as provided in the personal services contract that the COCSI Coordinator signs with Deschutes County. The COCSI Coordinator, with input from the Steering Committee, shall report to and serve at the pleasure of the Deschutes County Administrator. 4. FINANCIAL RESOURCES: Operations and activities of COCSI and the COCSI Coordinator shall be funded by (a) designated contributions by the parties to this MOU, and (b) grants and other available revenue sources. 5. DESIGNATED CONTRIBUTIONS: Annually in March, the Steering Committee shall determine a minimum budget necessary to provide for operations of the COCSI, including compensation and expenses associated with the COCSI Coordinator. The minimum budget shall then be allocated among the parties to the MOU according to the following formula: PAGE I OF 4 - MOU RE CENTRAL OREGON COHESIVE STRATEGIES INITIATIVE (COCSI) COUNTY PERCENTAGE YEAR 1 FINANACIAL CONTRIBUTION (due by 8/l/2018) Crook 27% $20,250 Jefferson 16% $ 12,000 Klamath 9% $6,750 Lake 3% $2,250 Deschutes o $33,750 6. TERMINATION: Mutual Consent. Any party may terminate its participation in this MOU for any reason by providing thirty (30) days' written notice to the other parties. 7. INDEPENDENT PARTY: It is agreed and understood that each parry subject to this MOU will perform services and/or activities related to this MOU as an independent party, and not as an employee or agent of the other party. 8. ASSIGNMENT: The parties hereto may not assign this MOU, in whole or in part, without the prior written consent of all parties. 9. BINDING EFFECT: The terms ofthis MOU shall be binding upon and inure to the benefit of each of the parties and each of their respective administrators, agents, representatives, successors and assigns. 10. AGENCY AND PARTNERSHIP: None of the parties are, by virtue of this MOU, a partner or joint venture with any other party, nor shall any party have any obligation with respect to the other party's debts or liabilities of whatever kind or nature. 11. INDEMNIFICATION: To the extent permitted by Article XI, Section 10, of the Oregon Constitution and the Oregon Tort Claims Act, ORS 30.260 through 30.300, each party shall defend, save, hold harmless and indemnify the other and their officers, employees and agents from and against all claims, suits, actions, losses, damages, liabilities costs and expenses of any nature resulting from or arising out of, or relating to the activities of that party or its officers, employees, contractors, or agents under this MOU. 12. NON-DISCRIMINATION: Each party agrees that no person shall, on the grounds of race, color, creed, national origin, sex, marital status, age or sexual orientation, suffer discrimination in the performance of this MOU when employed by either party. Each party agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Section V of the Rehabilitation Act of1973 as amended, and all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Additionally, each party shall comply with the Americans with Disabilities Act of 1990 as amended, ORS PAGE 2 OF4 - MOIJ RE CENTRAL OREGON COHESIVE STRATEGIES INITIATIVE (COCSI) 659.425, and all regulations and administrative rules established pursuant to those laws. 13. ATTORNEY FEES: In the event an action, lawsuit, or proceeding, including appeal therefrom is brought for failure to fulfill or comply with any of the terms of this MOU, each party shall be responsible for its own attorney fees, expenses, costs, and disbursements for said action, lawsuit, proceeding or appeal. 14. NO WAIVER OF CLAIMS: The failure by any party to enforce any provision of this MOU shall not constitute a waiver by that party of that provision or of any other provision of this MOU. 15. SEVERABILITY: Should any provision or provisions of this MOU be construed by a court of competent jurisdiction to be void, invalid or unenforceable, such construction shall affect only the provision or provisions so construed, and shall not affect, impair or invalidate any of the other provisions of this MOU which shall remain in full force and effect. 16. HEADINGS: The headings of this MOU are for convenience only and shall not be used to construe or interpret any provisions of this MOU. 17. APPLICABLE LAW: This MOU shall be governed by and interpreted in accordance with the laws of the State of Oregon. 18, ENTIRE AGREEMENT: This MOU constitutes the entire agreement between the parties concerning the subject matter hereof, and supersedes any and all prior or contemporaneous agreements or understandings between the parties, if any, whether written or oral, concerning the subject matter of this MOU which are not fully expressed herein. This MOU may not be modified or amended except by a writing signed by all parties. 19. COUNTERPARTS: This OU may be executed in one or more counterparts, including electronically t nsmitted counterparts, which when taken together shall constitute one in tl c -ame instrument. Facsimiles and electronic transmittals of the sign d locument shall be binding as though they were an original of such signed oc ument. ' Is b' j w u 3y' eth rawford, Jude _. Date: f e� Date: —`t^18-- PAGE 3 OF 4 - MOU RE CENTRAL OREGON COHESIVE STRATEGIES INrrrATIvE (COCSI) J �F RSON COU T. By: Date: T ' LAKE COUNTY By: (\r't Date:——----- DESCHUTES COU Y: By: Tom Anderson, Administrator Date: ® —7 . 1-K ® _ PAGE 4 OF 4 - MOU RE CENTRAL OREGON COHESIVE STRATEGIES INITIATIVE (COCSI) SEL USTIA, forest Service OMB 0596-0217 FS-1500-16 FS Agreement No. 18-C-&-11060100-026 ..Y Cooperator Agreement No. This PARTICIPATING .AGREEMENT is hereby entered into by and between the Deschutes, County of, hereinafter referred to as "Deschutes County," and the United States Department of Agriculture (USDA), Forest Service, Deschutes and Ochoco National Forests, hereinafter referred to as the "U.S. Forest Service," under the authority: Wyden Amendment (Public Law 105-277, Section 323 as amended by Public Law 109-54, Section 434, and permanently authorized by Public Law 1 1 1 -1 1 Section 3001 ), Background: U.S. Congress' FI.,AME Act called for strategies to address the current and future wildland fire threat to communities and natural resources. The National Cohesive Wildland Fire Strategy was initiated with the goals of providing for; ® Resilient Landscapes o Fire Adapted Communities • Safe and Effective Response In addition, the U.S. Forest Service Chief s direction for Fiscal Year 2018 addresses the National Cohesive Wildland Fire Strategy. "We remain committed to the goals of the National Cohesive Wildland Fire Management Strategy, which seeks to create resilient landscapes, fire adapted communities and safe and effective wildfire response that bases decisions on risk analysis for all ownerships. The strategy's vision is to safely and effectively extinguish fire when needed; use fire where allowable; manage our natural resources; and as a nation, live with wildland fire." The establishment of this agreement of the Central Oregon Cohesive Strategy Initiative provides for direction, leadership and coordination toward the implementation of the National Cohesive Wildland Fire Strategy. The Wyden Amendment allows for agreements with willing Federal, Tribal, State, and local governments, private and nonprofit entities, and landowners to conduct activities on public or private lands for the following purposes: e Protection, restoration, and enhancement of fish and wildlife habitat and other resources, Page 1 of 17 (Rev. 9-15) OMB 0596-0217 USDA, Forest Service FS-1500-16 Reduction of risk for natural disaster where public safety is threatened, or A combination of both. Title: Central Oregon Cohesive Strategy Initiative (COCSI) The purpose of this agreement is to document the cooperation between the parties' for specific watershed restoration, and community protection efforts to meet the intent of the US Congress FLAME Act, and National Cohesive Wildland Fire Management Strategy in accordance with the following provisions and the hereby incorporated Financial Plan, attached as Exhibit A. 11. STATEMENT OF MUTUAL BENEFIT AND INTERESTS., U.S. Forest Service Benefit and Interest: The objectives of this cooperative project aligns with U.S. Congress FLAME Act, the National Cohesive Wildland Fire Management Strategy and the Chief of the U.S. Forest Service direction. The implementation of this agreement will assist in addressing fuels reduction to protect and enhance critical watersheds, provide for forest resiliency, and increase our ability for an integrated response with cooperators and partners to protect the public. Deschutes County Benefit and Interest: The objectives of this cooperative project aligns with Deschutes County's dedication to the National Cohesive Wildland Fire Management Strategy approach to forest and watershed health and resiliency, fire adapted communities and a cooperative approach to initial response to wildfire. Deschutes County has an economic interest in maintaining and enhancing our National Forests and Grasslands through collaborative processes that make Central Oregon a more desirable location to live and work. In addition, Deschutes County has an interest to protect its' citizens and support efforts to integrate response to wildland fire in a fire adapted ecosystem. Mutual Benefit: As described, the establishment of a Central Oregon Cohesive Strategy Initiative will benefit the mission of the U.S. Forest Service and address the interests of Deschutes County. The parties have a common interest in improving current watershed health, and fire and fuels conditions within multiple counties in Central Oregon. The establishment of the coordinator will provide a platform to integrate, in a collaborative way, across county lines at a landscape scale, inform and educate our publics of the benefits of the National Cohesive Wildland Fire Management Strategy. This includes but is not limited to, land and resource management issues such as forest health and resiliency and watershed enhancement, providing local opportunities for communities to be better informed and Page 2 of 17 (Rev, 9-15) USDA, Forest Service OMB 0596-0217 FS-15040- 1 6 prepared for wildland fire in the fire adapted ecosystems and enhance the cooperative wildland fire response in Central Oregon. I A. LEGALAUTHORITY. Deschutes County shall have the legal authority to enter into this agreement, and the institutional, managerial, and financial capability to ensure proper planning, management, and completion of the project, which includes funds sufficient to pay the non -Federal share of project costs, when applicable. B. Deschutes County will be responsible for implementing/coordinating projects on county/private lands as they fit with the cohesive strategy plan. C. A coordinator will be provided by Deschutes County, by contractuaf services, for the Central Oregon Cohesive Strategy Initiative (COCSI) to implement the tasks described below. The Coordinator will be responsible to: * Network and build relationships with COCSI stakeholders, partners, agencies and organizations implementing the National Cohesive Wildland Fire Strategy. * Facilitate and implement the program of work as determined by Deschutes County through consultation of the Steering Committee that includes U.S. Forest Service representation. * Coordinate steering committee meetings. * Maintain administrative actives and facilitate the day-to-day business of the COCSI. * Attend collaborative meetings that support Federal/Local National Cohesive Wildland Strategy implementation efforts. * Participate in the monthly meetings for the Western Region of the national Cohesive Wildland Fire Management Strategy as a Representative of COCSI. * Create and maintain an interactive web presence for COCSI/USDA, the steering committee, as well as, stakeholders and public. * Facilitate development of Learning Laboratories to share experiences, provide local guidance, communicate success stories, and provide opportunities for lessons learned. * Create and maintain social communications efforts such as Facebook, Twitter, and a regular e-Newsletter to be distributed to partners, cooperators and the public. * Document success stories/lessons learned and share with the steering committee, stakeholders and the public. * Facilitate development of performance measures and monitoring information to assess effectiveness and accountability of COCSI efforts to implement National Cohesive Wildland Fire Strategy. * Attend and present at appropriate conferences and meetings. Page 3 of 17 (Rev. 9-15) USDA, Forest Service Ns 15oo-1a A. , IAYMI?N"1'/R[.,',IM13t.litSf"M[,'N'I'. The U.S. Forest Service shall reimburse Deschutes County for the U.S. Forest Service's share of actual expenses incurred, not to exceed $35,743.00, as shown in the Financial Plan. In order to approve a Request liar Reimbursement, the U.S. FOrCSt Service S11,111 feVielV SLIC11 requests to � nsure piiynients for reimbursement are in compliance and otherwise consistent with the terms of the agreement. The U.S. Forest Service shall make payment upon receipt of Deschutes County's invoice on a yearly basis. Each invoice from Deschutes County shall display the total project costs for the billing period, separated by U.S. Forest Service and Deschutes County's share. In -kind contributions must be displayed as a separate line item. and must not be included in the total project costs available for reimbursement. The final invoice must display Deschutes County's full match towards the project, as shown in the financial plan, and be submitted no later than 90 days from the expiration date. Each invoice must include, at a minimum: I . Deschutes County's name, address, and telephone number 2. U.S. Forest Service agreement number 3. Invoice date 4. Performance dates of the work completed (start & end) 5. Total invoice amount for the billing period, separated by the U.S. Forest Service and Deschutes County share with in -kind contributions displayed as a separate line item. 6. Display all costs, both cumulative and for the billing period, by separate cost element as shown on the financial plan. 7. Cumulative amount of U.S. Forest Service payments to date. 8. Statement that the invoice is a request for payment by "reimbursement" 9. If using SF-270, a signature is required. 10. Invoice Number, if applicable The invoice must be forwarded to: EMAIL: asc—ga@fs.fed.us NOMPOKIT"Iff"M POSTAL: USDA Forest Service Albuquerque Service Center Payments — Grants & Agreements 10113 Sun Ave NE Albuquerque, NM 87109 Send a copy to: US Forest Service Page 4 of 17 (Rev, 9-15) im USDA, Forest Service Attn: Jeff Bishop 63095 Deschutes Market Road Bend, OR 9770 or email: jabishop@fs.fed.us OMB 0596.0217 FS-15GO-16 B. Be an active participant on the COCSI Steering Committee to provide oversight and ensure alignment of U.S. Forest Service policy and direction in support of the National Cohesive Wildland Fire Strategy. C. Provide administrative support for the purposes of managing the COCSI agreement. D. Provide information as requested that contributes to meeting the intent of the National cohesive Wildland Fire Strategy. E. implement projects on U.S. Forest Service lands as they fit with the Cohesive Strategy Plan. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEE11THE PARTIES THAT: A. PRINCIPAL CONTACTS. Individuals listed below are authorized to act in their respectivc areas for matters related to this agreement. Cooperator Project Contact Cooperator Financial Contact -- - ------ --- Joe Stutler Wayne Lowry 61150 SE 2r Street 1300 NW Wall Street Bend, OR 97702 Bend, OR 97701 Telephone: 541-408-6132 Telephone: 541-388-6570 Email: joe.stutler@deschutes.org Email: wayne.lowry@deschutes.org k I lelncl ml �U-S-t_Service -Contads- U.S. Forest Service Program Manager CORtAct-1-111. Jeff Bishop 63095 Deschutes Market Rd. Bend, OR 97701 Telephone: 541-383-5497 Email: iabishoP(a-0s.fed.us Kristen Bowles 63095 Deschutes Market Road Bend, OR 97701 Telephone- 54t-383-5543 Email. kbowlesnafs.fed.us B. LIABILITY. On behalf of itself, its officers, directors, members, employees, volunteers, agents, and representatives, each party agrees that it shall be responsible for its own acts and omissions and the results thereof and that it shall not be Page 5 of 17 (Rev. 9-15) OMB 0596-0217 USDA, Forest Service FS-1500-16 responsible for the acts or omissions of the other party, nor the results thereof Each party therefore agrees that it will assume the risk and liability to itself, its agents, employees, and volunteers for any injury to or death of persons or loss or destruction of property resulting in any manner from the conduct of the party's own operations and/or the operations of its agents, employees, and/or volunteers under this Agreement. Each party further releases and waives all claims against the other party for compensation for any loss, cost; damage, expense, personal injury, death, claim, or other liability arising out of the performance of this Agreement, including without limitation any loss, cost, damage, expense, personal injury, death, claim, or other liability arising out of the other party's negligence provided, however, that either party may agree to voluntarily compensate the other for damage to equipment. Notwithstanding the foregoing, liability of the U.S. Forest Service shall be determined under the Federal Tort Claims Act, and Deschutes County shall be entitled to any and all applicable protections a I'forded under local, state, and/or federal law relating to the agreement activities conducted hereunder, either directly or indirectly through its assistance of the U. S. Forest Service, or any government agency. C. NOTICES. Any communications affecting the operations covered by this agreement given by the U.S. Forest Service or Deschutes County are sufficient only if in writing and delivered in person, mailed, or transmitted electronically by e-mail or fax, as follows: To the U.S. Forest Service Program Manager, at the address specified in the agreement. To Deschutes County, at the address shown in the agreement or such other address designated within the agreement. Notices are effective when delivered in accordance with this provision, or on the effective date of the notice, whichever is later. D. PARTICIPATION IN SIMILAR ACTIVITIES. This agreement in no way restricts The U.S. Forest Service or Deschutes County from. participating in similar activities with other public or private agencies, organizations, and individuals. E. F,NDORSEMENT. Any of Deschutes County's contributions made under this agreement do not by direct reference or implication convey U.S. Forest Service endorsement of Deschutes County's products or activities. F. USE OF U.S. FOREST SERVICE INSIGNIA. In order for Deschutes County to use the U.S. Forest Service Insignia on any published media, such as a Web page, printed publication, or audiovisual production, permission must be granted from the U.S. Forest Service's Office of Communications (Washington Office). A written request will be submitted by the U.S. Forest Service to the Office of Communications Assistant Director, Visual Information and Publishing Services, prior to use of the Page 6 of 17 (Rev. 9-15) USDA, Forest Servim, OMB 0596-0217 B-1500-16 insignia. The U.S. Forest Service will notify the Deschutes County when permission is granted. G. NON -1-41)FRAL STATUS FON', C00I)ERAT4: R PARTRAI)ANT. Deschutes County agree(s) that any of Deschutes County's employees, volunteers, and program participants shall not be deemed to be Federal employees for any purposes including Chapter 171 of Title 28, United States Code (Federal Tort Claims Act) and Chapter 81 of Title 5, United States Code (OWCP), as Deschutes County hereby willingly agree(s) to assume these responsibilities. Further, Deschutes County shall provide any necessary training to Deschutes County's employees, volunteers, and program participants to ensure that such personnel are capable of performing tasks to be completed. Deschutes County shall also supervise and direct the work of its employees, volunteers, and participants performing under this agreement. H. MEMBERS OF CONGRESS. Pursuant to 41 U.S.C. 22, no member of, or delegate to, Congress shall be admitted to any share or part of this agreement, or benefits that may arise therefrom, either directly or indirectly. 1. NONDISCRIMNATION. In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident. Persons with disabilities who require alto niative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English. To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992, Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington., D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: program.intake@usda.gov. USDA is an equal opportunity provider, employer, and tender. Page 7 of 17 (Rev. 9-15) OMB 0596-0217 USDA, Forest Service FS-1500-16 J. ELIGIBLE WORKERS. Deschutes County shall ensure that all employees complete the 1-9 form to certify that they are eligible for lawful employment under the Immigration and Nationality Act (8 USC 1324a). Deschutes County shall comply with regulations regarding certification and retention of the completed forms. These requirements also apply to any contract awarded under this agreement. K. SYSTEM FOR AWARD MANAGEMENTREGISTRAI I ION REOMREMENT Ste). Deschutes County shall maintain current information in the System for Award Management (SAM) until receipt of final payment. This requires review and update to the information at least annually after the initial registration, and more frequently if required by changes in information or agreement term(s). For purposes of this agreement, System for Award Management (SAM) means the Federal repository into which an entity must provide information required for the conduct of business as a Cooperative. Additional information about registration procedures may be found at the SAM Internet site at yv�y \\ sgm.uov. L. STANDARDS FOR RNAK AL MANAGI`iMENT. 1. Financial Reporting Deschutes County shall provide complete, accurate, and current financial disclosures of the project or program in accordance with any financial reporting requirements, as set forth in the financial provisions. Deschutes County shall continuously maintain and update records identifying the source and use of funds. The records shall contain information pertaining to the agreement, authorizations, obligations, unobligated balances, assets, outlays, and income. 3. Internal Control Deschutes County shall maintain effective control over and accountability for all U.S. Forest Service funds, real property, and personal property assets, Deschutes County shall keep effective internal controls to ensure that all United States Federal fiends received are separately and properly allocated to the activities described in the agreement and used solely for authorized purposes. Deschutes County shall support all accounting records with source documentation. These documentations include, but are not limited to, cancelled Page 8 of 17 (Rev. 9-15) USDA, Forest Service OMB 0596-0217 FS-1500-16 checks, paid bills, payrolls, contract and contract documents. These documents must be made available to the U.S. Forest Service upon request. M. OVI',RPAYMl- NT. Any funds paid to Deschutes County in excess of the amount entitled under the terms and conditions of this agreement constitute a debt to the Federal Government. The following must also be considered as a debt or debts owed by Deschutes County to the U.S. Forest Service: - Any interest or other investment income earned on advances of agreement funds; or - Any royalties or other special classes of program income which, under the provisions of the agreement, are required to be returned; If this debt is not paid according to the terms of the bill for collection issued for the overpayment, the U.S. Forest Service may reduce the debt by: 1. Making an administrative offset against other requests for reimbursement. 2. Withholding advance payments otherwise due to Deschutes County. 3. Taking other action permitted by statute (31 U.S.C. 3716 and 7 CFR, Part 3, Subpart B). Except as otherwise provided by law, the U.S. Forest Service may charge interest on an overdue debt. N. AGREEMENTCLOSY,,-OUT. Within 90 days after expiration or notice of termination Deschutes County shall close out the agreement. Any unobligated balance of cash advanced to Deschutes County must be immediately refunded to the U.S. Forest Service, including any interest earned in accordance with 7CFR3016.21/2CFR 215.22. Within a maximum of 90 days following the date of expiration or termination of this agreement, all financial performance and related reports required by the terms of the agreement must be submitted to the U.S. Forest Service by Deschutes County. If this agreement is closed out without audit, the U.S. Forest Service reserves the right to disallow and recover an appropriate amount after fully considering any recommended disallowances resulting from an audit which may be conducted later. 0. PROGRAM MONITORING AND PROGRAM PERFORMANCE REPORTS. The parties to this agreement shall monitor the performance of the agreement activities to ensure that performance goals are being achieved. Performance reports must contain. information on the following: Page 9 of 17 (Rev. 9-15) USDA, Forest Service OMB 0596-0217 FS-1500-16 - A comparison of actual accomplishments to the goals established for the period. Wherever the output of the project can be readily expressed in numbers, a computation of the cost per unit of output, if applicable. - Reason(s) for delay if established goals were not met. Deschutes County shall submit Annual performance reports to the U,S. Forest Service Program Managor. These reports are due 30 days after the reporting period. The final performance report must be submitted either with Deschutes County's final payment request, or separately, but not later than 90 days from the expiration date of the agreement. P. Rt,TYNTION AND ACCESS RE I)IRIM"NTS I,`QR RF',CORDS. Deschutes County shall retain all records pertinent to this agreement for a period of no less than 3 years from the expiration or termination date. As used in this provision, records includes books, documents, accounting procedures and practice, and other data, regardless of the type or format. Deschutes County shall provide access and the tight to examine all records related. to this agreement to the U.S. Forest Service, Inspector General, or Comptroller General or their authorized representative. The rights of access in this section must not be limited to the required retention period but must last as long as the records are kept. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the end of the 3-year period, the records must be kept until all issues are resolved, or until the end of the regular 3-year period, whichever is later. Records for nonexpendable property acquired in whole or in part, with Federal funds must be retained for 3 years after its final disposition. Q. FREEDOM OF INFORMATION ALT [�A e m QL_J. Public access to grant or agreeent records must not be limited, except when such records must be kept confidential and would have been exempted from disclosure pursuant to Freedom of Information regulations (5 U.S.C. 552). Requests for research data are subject to 2 CFR 215.36. Public access to culturally sensitive data and information of Federally -recognized Tribes may also be explicitly limited by P.L. 110-234, Title VIII Subtitle B §8106 (2008 Farm Bill). R. TEXT MESSAGING WHILE DRIVING. In accordance with Executive Order (EO) 13513, "Federal Leadership on Reducing Text Messaging While Driving," any and all text messaging by Federal employees is banned: a) while driving a Government owned vehicle (GOV) or driving a privately owned vehicle (POV) while on official Government business; or b) using any electronic equipment supplied by the Government when driving any vehicle at any time. All Cooperatives, their Page 10 of 17 (Rev. 9-15) USDA, Forest Service -OMB I5�. 0596-0217 Employees, Volunteers, and Contractors are encouraged to adopt and enforce policies that ban text messaging when driving company owned, leased or rented vehicles, POVs or GOVs when driving while on official Government business or when performing any work for or on behalf of the Government. S. PUBLIC NOTICES. It is The U.S. Forest Service's policy to inform the public as fully as possible of its programs and activities. Deschutes County is/are encouraged to give public notice of the receipt of this agreement and, from time to time, to announce progress and accomplishments. Press releases or other public notices should reference the Agency as follows: "U.S. Forest Service, U.S. Department of Agriculture" Deschutes County may call on The U.S. Forest Service's Office of Communication for advice regarding public notices. Deschutes County is/are requested to provide copies of notices or announcements to the U.S. Forest Service Program Manager and to The U.S. Forest Service's Office of Communications as far in advance of release as possible. T. 17UNDING 1­.,.'OUlPM ' ENTAND SUPPLIES. Federal funding under this agreement is not available for reimbursement of Deschutes County's purchase of equipment and supplies. Equipment is defined as having a fair market value of $5,000 or more per unit and a useful life of over one year. U. CONrRAC'I'RltJIRI-7,Ml,-.NTS. Any contract under this agreement must be awarded following the Deschutes County's established procurement procedures, to ensure free and open competition, and avoid any conflict of interest (or appearance of conflict). Deschutes County shall maintain cost and price analysis documentation for potential U.S. Forest Service review. Deschutes County is/are encouraged to utilize small businesses, minority -owned firms, and women's business enterprises. V. FLY-AMERICA ACT, The Fly America Act of 1974 (49 U.S.C. 40118) requires that all air travel and shipments under this award must be made on U.S. flag air carriers to the extent service by such carriers is available and when no Federal, statutory exceptions apply. The Administrator of General Services Administration (GSA) is authorized to issue regulations for purposes of implementation. Those regulations may be found at 41 CFR Part 301, and are hereby incorporated by reference into this award. W. GOVE RN MEN' 1-'-.F L] RN IS 1-1 I'D f"ROPE 1,RTY. Deschutes County may only use U.S. Forest Service property furnished under this agreement for performing tasks assigned in this agreement. Deschutes County shall not modify, cannibalize, or make alterations to U.S. Forest Service property. A separate document, Form AD-107, must be completed to document the loan of U.S. Forest Service property. The U.S, Forest Service shall retain title to all U.S. Forest Service -furnished property. Title to U.S. Forest Service property must not he affected by its incorporation into or Page 11 of 17 (Rev. 9-15) USDA, Forest Service OMB 0596-0217 FS-1500-16 attachment to any property not owned by the U.S. Forest Service, nor must the property become a fixture or lose its identity as personal property by being attached to any real property. Liability for Government Property. L Unless otherwise provided for in the agreement, Deschutes County shall not be liable for loss, damage, destruction, or theft to the Government property furnished or acquired under this contract except when any one of the following applies: a. The risk is covered by insurance or Deschutes County is/are otherwise reimbursed (to the extent of such insurance or reimbursement). b. The loss, damage, destruction, or theft is the result of willful misconduct or lack of good faith on the part of Deschutes County's managerial personnel. Deschutes County's managerial personnel, in this provision, means Deschutes County's directors, officers, managers, superintendents, or equivalent representatives who have supervision or direction of all or substantially all of Deschutes County's business; all or substantially all of Deschutes County's operation at any one plant or separate location; or a separate and complete major industrial operation. 2. Deschutes County shall take all reasonable actions necessary to protect the Government property from further loss, damage, destruction, or theft. Deschutes County shall Separate the damaged and undamaged Government property, place all the affected Government property in the best possible order, and take such other action as the Property Administrator directs. 3. Deschutes County shall do nothing to prejudice the Government's rights to recover against third parties for any loss, damage, destruction, or theft of Government property. 4. Upon the request of the Grants Management Specialist, Deschutes County shall, at the Government's expense, furnish to the Government all reasonable assistance and cooperation, including the prosecution of suit and the execution of agreements of assignment in favor of the Government in obtaining recovery. X. OFFSETS, CLAIMS AND RIGHTS. Any and all activities entered into or approved by this agreement will create and support afforestation/ reforestation efforts within the National Forest System without generating carbon credits. The U.S. Forest Service does not make claims of permanence or any guarantees of carbon sequestration on lands reforested or afforested through partner assistance, The U.S. Forest Service will provide for long-term management of reforested and afforested lands, according to applicable Federal statute, regulations and forest plans. Y. U.S. FOREST SERVICE ACKNOWLEDGED IN PUBLICATIONS, , 61)10VISUALS AND El.l--,.CTRONlC MEDIA. Deschutes County shall acknowledge no�Wjedge U.S. Forest Service support in any publications, audiovisuals, and electronic media developed as a result of this agreement. Page 12 of 17 (Rev. 9-15) USDA, Forest Service OMB 0596-0217 FS-1500-16 Z. NONDISCIZIMINATION STAT!"ail NT --.- MINTE-1). 01Z AUDIOVISUAL MATY,`j JAL. Deschutes County shall include the following statement, in full, in any printed, audiovisual material, or electronic media for public distribution developed or printed with any Federal funding. In accordance with fledei-al law and U.S. Department of Agriculture policy, this insfijution is prohibiled,ftain discriminating on the basis of race, color, national origin, se--r, age, or disability. (Not all prohibited bases apply to call pro granm) To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call toll free voice (866) 632- 9992, TDD (800) 877-8339, or voice relay (866) 377-8642. USDA is an equal opportunity provider and employer. If the material is too small to permit the full statement to be included, the material must, at minimum, include the following statement, in print size no smaller than the text: "This institution iv an equal opporlunify provider. " AA- IZEMEDIES FOR COMPLIANCE I ISSMS. If Deschutes County materially fail(s) to comply with any term of the agreement, whether stated in a Federal statute or regulation, an assurance, or the agreement, the U.S. Forest Service may take one or more of the following actions: 1. Temporarily withhold cash payments pending correction of the deficiency by Deschutes County or more severe enforcement action by the U.S. Forest Service; 2. Disallow (that is, deny both use of funds and matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the current agreeniont for Deschutes County's program; 4. Withhold further awards for the program, or 5. Take other remedies that may be legally available, including debarment procedures under 2 CFI part 417. B13. TL;I�mINATJON L3Y MUTUAL A.GIZEEME'N't This agreement may be terminated, in whole or part, as follows: Page 13 of 17 (Rev. 9-15) USDA, Forest Service OMB 0596-0217 FS-1500-16 1. When the U.S. Forest Service and Deschutes County agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated. 2. By 30 days written notification by Deschutes County to the U.S. Forest Service setting forth the reasons for termination, efTective date, and in the case of partial termination, the portion to be terminated. If the U.S. Forest Service decides that the remaining portion of the agreement will not accomplish the purposes for which the agreement was made, the U.S. Forest Service may terminate the agreement in its entirety. Upon termination of an agreement, Deschutes County shall not incur any new obligations for the terminated portion of the agreement after the effective date, and shall cancel as many outstanding obligations as possible. The U.S. Forest Service shall allow full credit to Deschutes County for the U.S. Forest Service share of obligations that cannot be cancelled and were properly incurred by Deschutes County up to the effective date of the termination. Excess funds must be refunded within 60 days after the effective date of termination. CC. ALT.MNATE DJS1'U'l'1, R1-,SOLtJT1ON —PARTNERSHIP AGREEMENT. Inthe event of any issue of controversy under this agreement, the parties may pursue Alternate Dispute Resolution procedures to voluntarily resolve those issues. These procedures may include, but are not limited to conciliation, facilitation, mediation, and fact finding. DD. DEBARMENT AND SUSPENSION. Deschutes County shall immediately inform the U.S. Forest Service if they or any of their principals are presently excluded, debarred, or suspended from entering into covered transactions with the Federal Government according to the terms of 2 CFR Part 180. Additionally, should Deschutes County or any of their principals receive a transmittal letter or other official Federal notice of debarment or suspension, then they shall notify the U.S. Forest Service without undue delay. This applies whether the exclusion, debarment, or suspension is voluntary or involuntary. EE. PROHIBITION A(WNSTINTEIMI., CONFIDENTIAL AGREEWNTS: All non federal government entities working on this agreement will adhere to the below provisions found in the Consolidated Appropriations Act, 2016, Pub. L. 11.4-113, relating to reporting fraud, waste and abuse to authorities: (a) The recipient may not require its employees, contractors, or subrecipients seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting them from lawfully reporting that waste, fraud, or abuse to a designated investigative or law Page 14 of 17 (Rev. 9-15) OMB 0596-0217 USDA, Forest Scrvice FS- 1500- 16 enforcement representative of a Federal department or agency authorized to receive such information. (b) The recipient must notify its employees, contractors, or subrecipients that the prohibitions and restrictions of any internal confidentiality agreements inconsistent with paragraph (a) of this award provision are no longer in effect. (c) The prohibition in paragraph (a) of this award provision does not contravene requirements applicable to any other form issued by a Federal department or agency governing the nondisclosure of classified information. (d) If the Government determines that the recipient is not in compliance with this award provision, it: (1) Will prohibit the recipient's use of funds under this award, in accordance with sections 743, 744 of Division E of the Consolidated Appropriations Act, 2016, (Pub. L. 114-113) or any successor provision of law; and (2) May pursue other remedies available for the recipient's material. failure to comply with award terms and conditions. FF. LN '), When U.S. Forest Set -vice funds are used, and no I-ERN,AMONAL TRAVE, Federal, statutory exceptions apply, Deschutes County shall ensure that any air transportation of passengers and property is provided by a carrier holding a United States Government issued certificate in compliance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. 40118 (Fly American Act). GG. !Lpf`YlIQIJI]NG. Deschutes County is/are granted sole and exclusive right to copyright any publications developed as a result of this agreement. This includes the right to publish and vend throughout the world in any language and in all media and forms, in whole or in part, for the full term of copyright and all renewals thereof in accordance with this agreement. No original text or graphics produced and submitted by the U.S. Forest Service shall be copyrighted. The U.S. Forest Service reserves a royalty -free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use the work for Federal Government purposes, This right must be transferred to any sub -agreements or subcontracts. This provision includes: 1. The copyright in any work developed by Deschutes County under this agreement. Page 15 of 17 (Rev. 9-15) USDA, Forest Service OMB 0596-0217 FS-1500-16 2. Any right of copyright to which Deschutes County purchase(s) ownership with any federal contributions. HH. I�QLLIQATIQN SALE, Deschutes County may sell any publication developed as a result of this agreement. The publication may be sold at fair market value, which is initially defined in this agreement to cover the costs of development, production, marketing, and distribution. After the costs of development and production have been recovered, fair market value is defined in this agreement to cover the costs of marketing, printing, and distribution only. Fair market value must exclude any in - kind or Federal Government contributions from the total costs of the project. 11. MODIFICATIONS. Modifications within the scope of this agreement must be made by mutual consent of the parties, by the issuance of a written modification signed and dated by all properly authorized, signatory officials, prior to any changes being performed. Requests for modification should be made, in writing, at least 60 days prior to implementation of the requested change. The U.S. Forest Service is not obligated to fund any changes not properly approved in advance. JJ. COMMF,,NCCMi-,,N'r/EXIIIR/�'I'ION DATE. This agreement is executed as of the date of the last signature and is effective through five years after signature date at which. time it will expire. The expiration date is the final date for completion of all work activities under this agi-et---meidt. KK. AUJ'1J0R1Zr.Q Rf,'1I3RES[,,N"F'A'1'1VVS. By signature below, each party certifies that i7h;.: individuals listed in this document as representatives of the individual parties are authorized to act in their respective areas for matters related to this agreement, In Witness Whereof, the parties hereto have executed this agreement as of the last date written below. TOM ANDERSON, Deschutes County Administrator Date Deschutes County Date Forest Service, Deschutes National Forest 1-Y Page 16 of 17 (Rev. 9-15) USDA, Forest Service OMB 05FS- 1500-16 021 A. SHAME JEFfRift"Vorest Supervisor U.S. Forest Service, ®choco National Forest The authority and format of this agreement (1 g-PA-11060100-026) have been reviewed and approved for signature. i�ar�r1~:M 13t��1�ES U.S. Forest Service Grants Management Specialist Burden Statement 5/15/2018 ME According to the PaperwM Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this infonrration coWon is 05M217. The time required to complete this information collection is estimated to average 4 hours per response, including the time for reviewv instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the coilection of information. The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, cola, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an Individual's income is derived from any public assistance. (Not all prohibited bps apply to all programs.) Persons with disabilities who require alternative means for communication of program Information (Braille, large prK audl)tape, etc.) shoald contact USDA's TARGET Center at 202-720-2600 (voice and TDD). To file a complaint of discrimination, write USDA, Director, Office of Civil Rights,1400 Independence Avenue, SW, Washington, DC 20250-9410 or call tall free (866) 632-9992 (voice), TDD users can contact USDA through local relay or the Federal relay at (800) 877-8339 (TDD) or (866) 377-8642 (relay voice). USDA is an equal opportunity provider and employer. Page 17 of 17 (Rev. 9-15) tC I 0 0 of d 3 o -s C to W 5 Q 40 �9 a - co w Q 7 z ® o. N 3 a 0 0 N 0 Q. z 0 O ,n 3 �W ? o N 40 40 C CM a � � V WORKSHEET FOR FS Non -Cash Contribution Cost Analysis, Column (a Ochoco Forest Supervisor $647.50 7.00 $4,532.50 Deschutes Forest Supervisor $671.95 7.00 $4,703.65 Deschutes Fuels Program Manager $365.00 5.00 $1,825,00 Ochoco Fuels Pr ram Manager $350.00 5.00 $1,760.00 T'otal Salariestl.ahor v_ _ $14,647.75 Total Travel $0.00 Total Equipment $0.06 Total Su ilieslMaterials $0.a0 Total Printin $0.00 Total Other 1 $0.00 Subtotal Direct Costs 1 $14,647.75 Forest Service Overhead Costs TOTAL COST I $1 ,112. 3 WORKSHEET FOR FS Cash to the Cooperator Cost Analysis, Column {b Totat Salariesn bor $0.00 Total Trawl � $0.00 Total E ul ment $OAO Total Su IieslMaieriais �0.00 Coordinator -Contractor $357.43 _ 100.00 $35,743.UU Subtotal Direct Costs 1 $35,743.00 Cooperator tndlrec#Cads WORKSHEET FOR Total SalariesiLabor �$0.00 Western Regional Meeting-5 nights 1 $1,500.00 1.00 $1,500.00 WUl Conference-KENO-5 nights 1 $1,500.00 1.00 $1,500.00 Total Travel $a,000.00 Total Equipment $0.00 Total Supplies/Materials $0.00 Total Printing$3,Ot}0.00 Contractor Maintanence 1 year $10,000.00 $10,000.00 Social Media Services 1 year $7,000.00 $7,000.00 Total Other 1 $52,743.00 USDA Forest Service OMB 0596-0217 FS-1500-19 MODIFICATION OF GRANT OR AGREEMENT PAGE OF PAGES 1 6 1 US FOREST SERVICE GRANT/AGREEMENT NUMBER: 2 RECIPIENTICOOPERATOR GRANT or 3 MODIFICATION NUMBER: 1 S-PA-11060100-026 AGREEMENT NUMBER, IF ANY: 001 Central Oregon Cohesive Strategy Initiative 4 NAME/ADDRESS OF U.S FOREST SERVICE UNIT ADMINISTERING 5 NAME/ADDRESS OF U S FOREST SERVICE UNIT ADMINISTERING GRANT/AGREEMENT (unit name, street, city, state, and zip +4): PROJECT/ACTIVITY (unit name, street, city, state, and zip +4): Deschutes National Forest Deschutes National Forest 63095 Deschutes Market Rd 63095 Deschutes Market Rd Bend, OR 97701 Bend, OR 97701 Ochoco National Forest 3160 NE 3rd St Prineville, OR 97754 6 NAME/ADDRESS OF RECIPIENT/COOPERATOR (street, city, state, and zip 7 RECIPIENT/COOPERATOR'S HHS SUB ACCOUNT NUMBER (For HHS + 4, county): payment use only): County of Deschutes 61150 SE 27th St Bend, OR 97702 8. PURPOSE OF MODIFICATION CHECK ALL, This modification is issued pursuant to the modification provision in the grant/agreement THAT APPLY: referenced in item no. 1, above. CHANGE IN PERFORMANCE PERIOD: ® CHANGE IN FUNDING: Add $35,743.00 in funding ® ADMINISTRATIVE CHANGES: Update Principal Contact Information (See Block 9) OTHER (Specify type of modification): Except as provided herein, all terms and conditions of the Grant/Agreement referenced in 1, above, remain unchanged and in full force and effect. 9. ADDITIONAL SPACE FOR DESCRIPTION OF MODIFICATION (add additional pages as needed): ADMINISTRATIVE CHANGES: Update Cooperator Contacts and U.S. Forest Service Contact Information V.A. PRINCIPAL CONTACTS Update Cooperator Project Contact to: Ed Keith 61150 SE 271h St, Bend, OR 97702 Telephone: 541-322-7177 Email: ed.keith@deschutes.org Update Cooperator Financial Contact: Beth Raguine 61150 SE 2711 St, Bend, OR 97702 Telephone:541-322-7119 Email: beth.raguine@deschutes.org Update Principal U.S. Forest Service Contacts' Information: U.S. Forest Service Program Manager Contact Email: jeffbishop@usda.gov U.S. Forest Service Administrative Contact Email: kristen.bowles@usda.gov 13 USDA Forest Service OMB 0596-0217 FS-1500-19 10. ATTACHED DOCUMENTATION (Check all that apply): Revised Scope of Work Revised Financial Plan El Other: 11. SIGNATURES AUTHORIZED REPRESENTATIVE: BY SIGNATURE BELOW, THE SIGNING PARTIES CERTIFY THAT THEY ARE THE OFFICIAL REPRESENTATIVES OF THEIR RESPECTIVE PARTIES AND AUTHORIZED TO ACT IN THEIR RESPECTIVE AREAS FOR MATTERS RELATED TO THE ABOVE - REFERENCED GRANVAGREEMENT. I i A COUNTY OF DESCHUTES SIGNATURE Gam' -! � 1113 DATE SIGNED 1M'f11 I I C U S. FOREST SERVICE SIGNATURE l t D. DATE SIGNED I�/13/1S (Signature of si natory Official) Si nature of i nato Official I LE NAME (type or print): ED KEITH I 1 F NAME (type or print): HOLLY JEWKES 1 I G TITLE (type or print). Deschutes County Forester I 1 H TITLE (type or print): Forest Supervisor, Deschutes National Forest t I C. U S FOREST SERVICE SIGNATURE I I D DATE SIGNED (signature of Signatory Official I I.F. NAME (type or print): A. SHANE JEFFRIES I I H TITLE (type or print). Forest Supervisor, Ochoco National Forest and Crooked River National Grassland 12. G&A REVIEW 12.A. The authority and format of this modification bave been reviewed and approved for signature by: 12.13 DATE TIFFANY tlbynFFN SIGNED "#N� BERLINER 12110/19 TIFFANY Q. BERLINER (18-PA-11060100-026 M1) U S Forest Service Grants A A cements Specialist Burden Statement According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB contrd number. The valid OMB control number for this information collection is 059R217. The time required to complete this Information collection is estimated to average 30 minutes per response, including the We for reviewing Instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information The U.S. Department of Agriculture (USDA) prohibits discriminatim in all Its programs and activities on the basis of race, color, national origin, age, disabldg+, and where applicable, sex, merits] status, lamillal status, parental status, religion, sexualonentatim, genetic informatiorr, political begets, reprisal, or because all orpartofan individuarsIncome isderived from any public assistance. (Not d prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large pdK audiotape, etc) should contact USDA's TARGET Center at 202-720.2600 (voice and TOD). To file a complaint of discrimination, write USDA, Director, Office of Civil Rights,1400 Independence Avenue, SW, Washington, OC 20250-9410 or call toll free (856) 632-9992 (voice). TDD users can contact USDA lhrough local relay or the Federal relay at (800) 877-9339 (TDD) or (856) 377.8642 (relay voice). USDA Is an equal opporhinity provider and employer. Y USDA Forest Service OMB 0596-0217 FS-1500-19 10. ATTACHED DOCUMENTATION Check all that a I : Revised SaVe of Work Revised Financial Plan Other: 11. SIGNATURES AUTMRnp : BY SIGNATURE BELOW, THE SIGNING PARTIES CERTIFY THAT THEY ARE THE OFFICIAL REPRESENTATIVES OF THEIR RESPECTIVE PARTIES AND AUTHORIZED TO ACT IN THEIR RESPECTIVE AREAS FOR MATTERS RELATED TO IT III ABOVE - REFERENCED GRAU AGREEMENT. 11.A COUNTY OF DESCHUTES SIGNATURF. 00, If H DATE SIGNED az/eh, 1 I C U 3 FOREST SERVICE SIGNATURE 11 D. DATE SIGNED (Signature c(si Official) (Signature of Signatory official 1 I F. NAME (type or print) ED KEITH i I F NAME (type or print): HOLLY JEWKES I 10 TITI.F. (type or print) Deschutes County Forester 11,If TITLE (type or print): Forest Supervisor, Deschutes National Forest 1I.C. U.S. FOREST SERVICE SIGNATURE I I D. DATF SIGN EP (Signature o(Si ato Official I i.F. NAME (type or print) A. SHANE JEFFRIES I If TITLE (type orpnnt). Forest Supervisor, Ochoco National Forest and Crooked River National Grassland 12. G&A REVIEW 12.A. The authority and format of this modification have been reviewed and approved for signature by: 12 8 DATE TIFFANY errvrrnr SIGNED 13ERLINSR 12/10/19 TIFFANY Q. BERLINER (I 8-PA-1 l 060100-026 M 1) U S. Forcer Service Granis A AgreementsSoccialist According to 8e Papawork Reduction Act of 1995, an agencymay not conduct or Sponsor, and a person is trot mitubad to respond tog odec ien of tnfomnation unless R MOM a va8d OM8 control number. The vdd OMB eoalyd number for Otis information co9ecdor is 059th0217. The time ropired to emote 0ds bdan eft collection is estimated to average 30 minutes per response, bmdA" time time for re WAV Instructions, searcidnp existing date sources, gathering and maintaining the date needed, and completing and reviewing 9ta collection of information. The U.S. Department of Agrkndture (USDA) prohibits dbalmkatlan In all Its programs and activities on the basis of race, color, tnationd . age, dluy, gty, and wham applicade, sat, modld Stabra,1em061 stales, traretlb) gosa,s, re5gton, sexual od enladon, geradc udanatlott, po�e41 beBeh, reprBai, ortf aeaiaa 68 or pa A of an IrndMdu era insane b QerMd than any puMk: asslslarmee. (Not a0 prohibited begin eppy to d programs.) Persons with db ablides who re"Im adbal a9cre means (or aaltlrppdtatbrt of program hdamaton (Brag, tape tdnt sudlotapa, etc) should contact USDA's TARGET Center at 202-720.2000 (voice and 700). To file a complaint of dbcrkninsi on, write USDA, Director, Office of CM Rights,140D Independence Averare, SW, Washington, DC 202%9410 or cd toll tree (IN) 832.9992 (voice). TOD users an contact USDA through leaf relay or the Federd relay at (800) 877.8339 (TDD) or(ON) 3774862 (relay voice). USDA ban epud oppWw4 provider oral employer. n m C N O � O O N to O mW 2 LL O O z a O 2 0 co 0 Q a 0 O O z z C C E N as U ` LL N U n O O U d n a w c m O LL t U U � Q rin a c m N E ` O O LL O O s cn v a c m � a FL a is N •v to C � ea � c o LL w C � o d c T V E Q N c E 7 U _O 4) O z LL O O O O O O O 00 M O l� O C C O l0 O M O"T R 00 ON s- l�0 O I O lD 00 t N 6.R � � r- 4�A (V .-+ v 0 69 --� .-. Is 64 O C O O O C O O 0 6 0 0 o 0 O O z 69 69 6A 6A 46S 64 4A 6�9 O a G F•- Z O o Cl 0 0 0 0 0 0 0 9so60soo� 6 Mv�ls vM N O v'f O Cl, cFIt ? 00 � 110 W i c CL c ® z U 0 0 N 0 0 0 0 0 0 0 0 rn 6R r,9 m m O a O F- �j O z IL O V R W O O O N (b M O F- t-- O O O O O V- r1' N Cf. tt 6R 6H FA 69 6R W y d to N N � F � V 46 69 69 6f360q N .. c O W z w O LL U rn to to Z N O U O U w W w U C j F- U .. '� N > n '� a c c �" ` O a Q o 0 «° O o m m is = c — S O U O U5UF-wUa00UU ILL F- 0 01) 0 rn0 0 o S7 .� o � C E d m G U) O V c :c c� � n N t a� CO U co O = N II N ^y Q. II O ^y �I `O LL .I. U •I• O O IF- O F- —0 F- WORKSHEET FOR FS Non -Cash Contribution Cost Analysis, Column (a) Salaries/Labor Standard Calculation Job Description ICost/Day 1# of Days I ITotal FS Program Manager $367.32 5.00 $1,836.60 Ochoco Forest Supervisor $647.50 7.00 $4,532.50 Deschutes Forest Supervisor $671.95 7.00 $4,703.65 Deschutes Fuels Program Manager $365.00 5.00 $1,825.00 Ochoco Fuels Program Manager $350.00 5.00 $1,750.00 Total Salaries/Labor $14,647.75 Travel Standard Calculation Travel Expense IlEmployees lCost/Trip 1# of Trips ITotal Total Travel 1 1 $0.00 Standard Calculation Piece of Equi ment 1# of Units ICost/Day 1# of Days I ITotal Total Equipment I $0.00 Supplies/Materials Standard Calculation Supplies/Materials 1# of Items Cost/Item ITotal Total Supplies/Materials 1 $0.00 Standard Calculation Item # of Units Cost/Unit I ITotal Total Other 1 $0.00 Subtotal Direct Costs 1 $14,647.75 Forest Service Overhead Costs Current Overhead Rate ISu6total Direct Costs I ITotal 10.00% $14,647.75 $1,464.78 Total FS Overhead Costs $1,464.78 TOTAL COST 1 $16,112.53 WORKSHEET FOR FS Cash to the Cooperator Cost Analysis, Column (b) Standard Calculation Job Description Tost/Day 1# of Days I ITotal Total Salaries/Labor $0.00 Travel Standard Calculation Travel Exaense lEmployees Cos 1# of Trips___l ITotal Total Travel 1 ( $0.00 Standard Calculation Piece of Equipment # of Units _ jCost/Day 1# of Days I ITotal Total Equipment $0.00 Sup iesimateriais Standard Calculation Supplies/Materials 1# of Items Cost/Item ITotal Total Supplies/Materials 1 $0.00 Standard Calculation Item Cost per day# of Days Total71 Cohesive Strategy Coordinator -Contractor (FS Share 50%) Total Other $357.43 100.00 Subtotal Direct Costs 1 $35,743.00 743.00 743.00 Cooperator Indirect Costs C urrent (warhead Rate Subtotal Direct Costs Total $35,743.00 $0.00 Total Coop. Indirect Costs A $0.00 TOTAL COST 1 $35,743.00 WORKSHEET FOR Total Salaries/Labor I 1 $0.00 Western Regional Meeting, WUI Conference, etc. 1 $1,000.00 5.00 $5,000.00 Total Travel 1 1 $5,000.00 Standard Calculation Piece of Eauipment I# of Units Cost/Day 1# of Days I f—Total Total Equipment $0.00 cards, hardhats, gloves, etc) $4,500.00 $4,5UU.UU Total Supplies/Materials 1 $4,500.00 Standard Calculation Paper Material 1# of Units Cost/Unit I ITotal Brochures / Outreach Materials 1.00 $8,000.00 $8,000.00 Total Printing 1 $8,000.00 Contractor (Cooperator Share r,nom $357.43 100.00 $35,743.00 Website Maintanence 1 year $200.00 $200.00 Social Media / Outreach Services 1 year $5,000.00 $5,000.00 Total Other 1 $42,943.00 Cooperator Indirect Costs 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.) Date: 12/10/19 Please complete all sections above the Official Review line. Department: INatural Resource Contractor/Supplier/Consultant Name: Deschutes National Forest Contractor Contact: eff Bisho Contractor Phone #: 541-383 54 77 Type of Document: Modification of Agreement Goods and/or Services: Deschutes County is supplying a contractor for the purposes of coordinating the Cohesive Wildfire Strategy in Central Oregon through an agreement with the US Forest Service Background $ History: The US Forest Service is adding dollars to an existing agreement with Deschutes County (document 2018-111) for the purposes of cost sharing the coordination of the Cohesive Wildfire Strategy in cooperation with Crook, Deschutes, Jefferson, Klamath and Lake Counties. Counties have already added money for this fiscal year through a separate agreement and billing. Expenses are reimburseable at the end of the year. Agreement Starting Date: 12/10/19 Ending Date: 5/31/202 Annual Value or Total Payment: $35,743.00 ❑ Insurance Certificate Received check box) Insurance Expiration Date: [ Check all that apply: ❑ RFP, Solicitation or Bid Process ❑ Informal quotes (<$150K) ❑ 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 Special conditions attached to this grant: Annual reporting and reimbursement request. 12/10/2019 Deadlines for reporting to the grantor: Annually in December. 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: ❑ Yes ❑ No Contact information for the person responsible for grant compliance: Name: Ed Keith Phone M 541-322-7117 Departmental Contact and Title: jEd Keith, Forested Phone M 541-322 711 Department Director Approval: Signature Date Distribution of Document: Ed Keith Official Review: County Signature Required (check one): ❑ BOCC (if $150,000 or more) — BOARD AGENDA Item ❑ County Administrator (if $25,000 but under $150,000) ❑ Department Director - Health (if under $50,000) �epartment Head/Director (if under $25,000) Legal Review _ Date f! Document Number 019-841 12/10/2019 co o c 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 BOCC Wednesday Meeting of March 10, 2021 DATE: March 3, 2021 FROM: Kathleen Meehan Coop, District Attorney's Office, TITLE OF AGENDA ITEM: Consideration for Grant Application for 2021 FY21 Smart Prosecution - Innovative Prosecution Solutions ATTENDANCE: District Attorney Office: Kathleen Meehan Coop and Casey Newsom Date: 3/3/2021 To: Board of County Commissioners From: Kathleen Meehan Coop, Management Analyst District Attorney's Office CC: John Hummel, Deschutes County District Attorney Mary Anderson, Chief Deputy District Attorney, DA's Office Re: Agenda Request — Monday, March 8 2021 BJA FY21 Smart Prosecution — Innovative Prosecution Solutions grant application Action Consideration of Board Signature to submit a proposal to the U.S. Department of Justice, Bureau of Justice Assistance (BJA) for grant funding to support activities associated with improving the District Attorney's Office's current technology and data analysis capabilities and determining best practices for handling body camera digital evidence. We are requesting an opportunity to present our proposal to the Commissioners on Monday, March 8, 2021. Kathleen Meehan Coop, and Casey Newsom will be presenting. Background The DA's Office has been actively looking for ways to enhance our current technology and data analysis capabilities to improve the level of service we can provide to victims and witnesses. In addition, with the launch of dash and body camera evidence by local law enforcement, establishing best practices for collecting, storing, retrieving and displaying this digital evidence is a critical need for our department. This grant opportunity, if funded, will allow us to effectively address these issues in a timely manner. Plan Our goal with this proposal is to better equip our office to meet our mission of justice and community safety. We will do that through improving our internal data analytics, enhancing the services we provide to victims, and establishing methods for handling and using the influx of new digital evidence. This grant will allow us to achieve four targeted goals between October 1, 2021 and September 30, 2023: 1. Modernize and improve communication and accessibility of case information for victims and witnesses, particularly for our rural community members. 2. Develop procedures for organizing, collecting, and visually presenting digital evidence for prosecution (especially for violent crimes), and training office staff in these new procedures. 3. Enhance data tracking capabilities to better understand our impact and to more effectively manage case distribution to improve throughput. 4. Expand victim restoration efforts by collecting more in restitution payments, and by providing targeted education and prevention programming. We will achieve our goals by implementing the following objectives. A. Contract with an IT development consultant to develop 'My Case' an interactive communication portal that will improve victim and witness communication by allowing users to effectively track their case and restitution payments; complete paperwork; and receive and respond to correspondences electronically (i.e. think your medical provider's MyChart system). B. Hire a temporary Data Analyst Ito improve our data analytic capabilities by: L Creating a case and project tracking dashboard, ii. Implementing specific data collection and crime tracking tools, and iii. Constructing the necessary linkages for the new communication portal (MyCase) to interface with Karpel (the DA's case management system) C. Contract with a digital forensic analyst to help guide the office through a successful transition of managing the influx digital evidence by: L Developing evidence based procedures, policies and systems for collecting, organizing, and visually presenting digital evidence. ii. Implementing office wide training on these best practices. iii. Working with select prosecuting teams handling violent crime cases and actively assisting with reviewing footage, conducting social media searches, securing evidence from other agencies and creating timeline to be presented during trials. Through the grant, the DA's Office will modernize its office technology and systems to: • Improve our ability to communicate, educate, and support victims and witnesses, and • Manage and effectively use digital evidence to improve our abilities to prevent and respond to crime. The knowledge and time savings gained from these additional experts and the development of new data systems, will result in the following deliverables: 1. A user-friendly communication portal for victims and witness, 2. An interactive office dashboard to track internal data analytics (i.e. case and project workflows and throughputs) 3. Procedures and policies for collecting, organizing, and presenting digital evidence for prosecution. 4. Staff training on managing and using digital evidence. The full proposal is due April 26, 2021. Staffing Hire a temporary, full-time FTE for 1.5 years during the grant period. This data analyst position will report to Casey Newsom, Applications Systems Analyst II and will be tasked with the creation of specific grant -related deliverables. At the end of the grant period, the position would no longer be required as the objective of this position is to create automated systems and user-friendly tools that will easily provide DA Office staff with needed data and information without regular intervention from the IT team. Budget We are still working on the two-year budget, but it will be at or close to the grant maximum of $340,000. Our three cost centers include a: 1. Forensic crime analysist contractor to develop procedures for the new digital evidence 2. Development consultant to build 'MyCase', the victim and witness case portal, and 3. Temporary Data Analyst FTE to create an office data dashboard, and develop data collecting and crime tracking tools. T E S c�G 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 BOCC Wednesday Meeting of March 10, 2021 DATE: March 4, 2021 FROM: Andrew Moore, District Attorney's Office, TITLE OF AGENDA ITEM: Consideration of Grant Continuation Application for the Office on Violence Against Women �01 E s Co o 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 BOCC Wednesday Meeting of March 10, 2021 DATE: March 2, 2021 FROM: District Attorney's Office TITLE OF AGENDA ITEM: Consideration of Grant Continuation Application for Office on Violence Against Women RECOMMENDATION & ACTION REQUESTED: Requesting Approval to apply for $500,000 OVW Continuation Grant that provides for a DV Investigator, continuation of a High Risk DV Team, and funding to continue Saving Grace's Lethality Assessment Protocol program Requesting Approval for the Board Chair and District Attorney to be able to sign documents associated with the grant application with legal counsel approval. BACKGROUND AND POLICY IMPLICATIONS: The grant opportunity that is being requested to be applied for is a continuation grant, that would extend funding for a DV Investigator, continuation of a High Risk DV Team, and funding for Saving Grace to continue a Lethality Assessment Protocol for an additional 3 years. Funding would be from October 1, 2021 through September 30, 2024. There are no policy implications. The grant application is due March 31, 2021. FISCAL IMPLICATIONS: Receipt of up to $500,000 over 3 years in grant dollars. There is not a requirement for the County to contribute additional funding to receive the award (i.e. no matching funds requirement). ATTENDANCE: Drew Moore, Deputy District Attorney March 2, 2021 2021 OVW Grant Summary 1 2021 OVW GRANT OPPORTUNITY SUMMARY 1. Grant Title a. US Department of Justice Office on Violence Against Women (OVW) "Improving Criminal Justice Reponses to Sexual Assault, Domestic Violence, and Stalking Grant Program" i. Formerly known as the Grants to Encourage Arrest and Enforcement of Protection Orders Program 2. Submission Due Date a. Applications are due on March 31, 2021 by 11:59 p.m. Eastern Time i. Strongly encouraged to be submitted 48 hours prior 3. Funding Sought a. The grant is for $500,000 over 3 years. b. If awarded, the funding is scheduled to be available starting on October 1, 2021. 4. Project Summary a. This will be a request to OVW to award $500,000 in grant funds as a continuation of a current grant project. b. We are seeking funding to address the following three main target areas: i. Continue to fund a Domestic Violence Investigator position to provide follow up investigations for Domestic Violence cases occurring in Deschutes County. ii. Continue work with High Risk Domestic Violence Team. iii. Continue the Lethality Assessment Protocol that connects survivors of DV crimes with Saving Grace in high risk cases. 5. Community Partners that have been involved in this project a. Deschutes County b. Deschutes County District Attorney's Office c. Deschutes County Sheriff's Office d. Deschutes County Parole and Probation e. Bend Police Department f. Redmond Police Department g. Sunriver Police Department h. Black Butte Police Department i. Saving Grace 6. Action Sought from BOCC a. Request approval to apply for the 2021 OVW Grant Opportunity with Deschutes County as the applicant and the Deschutes County District Attorney's Office as the point of contact and authorized representative. b. Request approval for John Hummel and the Anthony DeBone as Board Chair to sign documents necessary to apply for the grant with legal approval. OMB No. Approval Expire U.S. Department of Justice Office on Violence Against Women .<a..sissr0 OVW Fiscal Year 2021 Improving Criminal Justice Responses to Domestic Violence, Dating Violence, Sexual Assault, and Stalking Grant Program Solicitation Assistance Listing Number # 16.590 Grants.gov Opportunity Number: O-OVW-2021-37003 Solicitation Release Date: January 13, 2021 12:00 AM Version: 1 Grants.gov Deadline: March 29, 2021 11:59 PM Application JustGrants Deadline: March 31, 2021 11:59 PM Eligible Applicants: City or township governments, County governments, Native American tribal governments (Federally recognized), Native American tribal organizations (other than Federally recognized tribal governments), Nonprofits having a 501(c)(3) status with the IRS, other than institutions of higher education, State governments, Other Other Eligible applicants are limited to: States; Indian Tribal governments; state and local courts Page 1 of 47 O-OVW-2021-37003 (including juvenile courts); units of local government; state, tribal, or territorial domestic violence or sexual assault coalitions; or victim services providers in the United States or U.S. territories. For more information, see the Eligibility Information section of this solicitation. Letter of Intent Applicants are strongly encouraged to submit a non -binding Letter of Intent to OVW.ICJR@usdoj.gov by March 16, 2021. Interested applicants who do not submit a Letter of Intent are still eligible to apply. For more information, see the Application and Submission Information section of this solicitation. Pre -Application Information Sessions OVW will conduct optional web -based Pre -Application Information Sessions. For more information, see the Application and Submission Information section of this solicitation. Contact Information For assistance with the requirements of this solicitation, email OVW at OVW.ICJR@usdoj.gov. Alternatively, interested parties may call OVW at 202-307-6026. Submission Information Registration: To submit an application, all applicants must obtain a Data Universal Number System (DUNS) number and register online with the System for Award Management (SAM) and with Grants.gov. To ensure sufficient time to complete the registration process, applicants must obtain a DUNS number and register online with SAM and with Grants.gov immediately, but no later than March 16, 2021. Submission: Applications for this program will be submitted through a NEW two-step process: (1) submission of the SF-424 and SF-LLL in Grants.gov and (2) submission of the full application including attachments in the Justice Grants System (JustGrants). Submit the SF-424 and SF-LLL as early as possible but not later than 24-48 hours before the Grants.gov deadline. For technical assistance with Grants.gov, contact Grants.gov Applicant Support at 1-800-518-4726 or support@grants.gov. For technical assistance with JustGrants, contact OVW JustGrants Support at 1-866-655-4482 or OVW.JustGrantsSupport@usdoj.gov. For more information about registration and submission, see the Application and Submission Information section of this solicitation. Notification OVW anticipates notifying applicants of funding decisions by October 1, 2021. Page 2 of 47 O-OVW-2021-37003 Contents Contact Information ........................................... 2 Program Description .......................................... 5 Overview of OVW.......................................... 5 Statutory Authority .......................... I .... I .......... 5 About this OVW Program .................................... 5 Program Scope ............................................ 5 Purpose Areas ............................................. 5 OVW Priority Areas ......................................... 9 Activities that Compromise Victim Safety and Recovery or Undermine Offender Accountability ............................. I ........ 10 Out -of -Scope Activities ...................................... 10 Activities Requiring Prior Approval ............................. 11 Federal Award Information ..................................... 12 Awards, Amounts and Durations ............................... 12 Availability of Funds ......................................... 12 Types of Awards ........................................... 12 Award Period and Amounts .............. I .................... 12 Types of Applications ....................................... 13 Mandatory Program Requirements ............................. 14 Eligibility Information .......................................... 16 Eligible Applicants ............. I ....... I .................... 16 Ineligible Entities and Disqualifying Factors ....................... 17 Cost Sharing or Matching .................................... 18 Other Program Eligibility Requirements ............. I ........ I ... 18 Application and Submission Information ........................... 20 Information to Complete the Application for Federal Assistance (SF-424) .22 Standard Applicant Information (JustGrants 424 and General Agency Information) ............................................... 23 Proposal Abstract ..................... I .......... I......... 23 Proposal Narrative .......................................... 23 Budget and Associated Documentation .......................... 25 Page 3 of 47 O-OVW-2021-37003 Budget Worksheet and Budget Narrative (Web -based Form) ......... 26 Pre -Agreement Cost ........................................ 28 Indirect Cost Rate Agreement (if applicable) ...................... 28 Financial Management Questionnaire (including applicant disclosure of high -risk status) ............................................ 29 Disclosure of Process Related to Executive Compensation .......... 30 Data Requested with Application ............................... 31 Certification of Eligibility ...................................... 33 Memoranda of Understanding (MOUs) and Other Supportive Documents............................................... 33 Additional Application Components ............................. 35 Letters of Nonsupplanting.................................... 35 Proof of 501(c)(3) Status (Nonprofit Organization Only) ............. 36 Confidentiality Notice Form ................................... 36 Disclosures and Assurances .................................. 36 Disclosure of Lobbying Activities ............................... 36 DOJ Certified Standard Assurances ............................ 36 Applicant Disclosure of Duplication in Cost Items .................. 36 DOJ Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug -Free Workplace Requirements . 37 Howto Apply .............................................. 37 Submission Dates and Time .................................. 38 Application Review Information .................................. 41 Review Criteria ............................................ 41 Review and Selection Process ................................ 42 Anticipated Announcement and Federal Award Dates .............. 44 Federal Award Administration Information ......................... 44 Federal Award Notices ...................................... 44 Administrative, National Policy, and Other Legal Requirements ....... 44 General Information about Post -Federal Award Reporting Requirements . 45 Federal Awarding Agency Contact(s) ............................. 45 Other Information ............................................ 45 Public Reporting Burden- Paper Work Reduction Act Notice .......... 45 Application Checklist ........................................ 46 Page 4 of 47 O-OVW-2021-37003 Program Description Overview of OVW OVW is a component of the United States Department of Justice (DOJ). Created in 1995, OVW administers grant programs authorized by the Violence Against Women Act (VAWA) and subsequent legislation and provides national leadership on issues of domestic violence, dating violence, sexual assault, and stalking. OVW grants support coordinated community responses to hold offenders accountable and serve victims. Statutory Authority 34 U.S.C. §§ 10461-10465 About this OVW Program The Improving Criminal Justice System Responses to Domestic Violence, Dating Violence, Sexual Assault, and Stalking Grant Program (ICJR Program) (CFDA# 16.590) program is authorized by 34 U.S.C. §§ 10461-10465 and implemented through regulations at 28 C.F.R. Part 90, Subpart D. The ICJR Program encourages state, local, and tribal governments and courts to treat domestic violence, dating violence, sexual assault, and stalking as serious violations of criminal law requiring the coordinated involvement of the entire criminal justice system. For additional information about this program and related performance measures, including how awards contribute to the achievement of program goals and objectives, see: • OVW grant program information: OVW Grants and Programs webpage • Program performance measures under the Measuring Effectiveness Initiative: VAWA Measuring Effectiveness Initiative webpage • Examples of successful projects in OVW's most recent report to Congress on the effectiveness of VAWA grant programs: 2018 Biennial Report Program Scope Activities supported by this program are determined by statute, federal regulations, and OVW policies. If an applicant receives an award, the funded project is bound by this solicitation, the DOJ Financial Guide, including updates to the financial guide after an award is made, the Solicitation Companion Guide, and the conditions of the award. Purpose Areas Pursuant to 34 U.S.C. § 10461(b), funds under this program must be used for one or more of the following purposes: 1. To implement proarrest programs and policies in police departments, including Page 5 of 47 O-OVW-2021-37003 policies for protection order violations and enforcement of protection orders across state and tribal lines. 2. To develop policies, educational programs, protection order registries, data collection systems, and training in police departments to improve tracking of cases and classification of complaints involving domestic violence, dating violence, sexual assault, and stalking. Policies, educational programs, protection order registries, and training described in this paragraph shall incorporate confidentiality, and privacy protections for victims of domestic violence, dating violence, sexual assault, and stalking. 3. To centralize and coordinate police enforcement, prosecution, or judicial responsibility for domestic violence, dating violence, sexual assault, and stalking cases in teams or units of police officers, prosecutors, parole and probation officers, or judges. 4. To coordinate computer tracking systems and provide the appropriate training and education about domestic violence, dating violence, sexual assault, and stalking to ensure communication between police, prosecutors, parole and probation officers, and both criminal and family courts. 5. To strengthen legal advocacy service programs and other victim services for victims of domestic violence, dating violence, sexual assault, and stalking, including strengthening assistance to such victims in immigration matters. 6. To educate federal, state, tribal, territorial, and local judges, courts, and court - based and court -related personnel in criminal and civil courts (including juvenile courts) about domestic violence, dating violence, sexual assault, and stalking and to improve judicial handling of such cases. 7. To provide technical assistance and computer and other equipment to police departments, prosecutors, courts, and tribal jurisdictions to facilitate the widespread enforcement of protection orders, including interstate enforcement, enforcement between states and tribal jurisdictions, and enforcement between tribal jurisdictions. 8. To develop or strengthen policies and training for police, prosecutors, and the judiciary in recognizing, investigating, and prosecuting instances of domestic violence, dating violence, sexual assault, and stalking against older individuals (as defined in section 3002 of title 42) and individuals with disabilities (as defined in section 12102(2) of title 42). g. To develop state, tribal, territorial, or local policies, procedures, and protocols for preventing dual arrests and prosecution in cases of domestic violence, dating Page 6 of 47 O-OVW-2021-37003 violence, sexual assault, and stalking, and to develop effective methods for identifying the pattern and history of abuse that indicates which party is the actual perpetrator of abuse. 10. To plan, develop and establish comprehensive victim service and support centers, such as family justice centers, designed to bring together victim advocates from victim service providers, staff from population specific organizations, law enforcement officers, prosecutors, probation officers, governmental victim assistants, forensic medical professionals, civil legal attorneys, chaplains, legal advocates, representatives from community -based organizations and other relevant public or private agencies or organizations into one centralized location, in order to improve safety, access to services, and confidentiality for victims and families. Although funds may be used to support the colocation of project partners under this paragraph, funds may not support construction or major renovation expenses or activities that fall outside of the scope of the other statutory purpose areas. 11. To develop and implement policies and training for police, prosecutors, probation and parole officers, and the judiciary in recognizing, investigating, and prosecuting instances of sexual assault, with an emphasis on recognizing the threat to the community for repeat crime perpetration by such individuals. 12. To develop, enhance, and maintain protection order registries. 13. To develop human immunodeficiency virus (HIV) testing programs for sexual assault perpetrators and notification and counseling protocols. 14. To develop and implement training programs for prosecutors and other prosecution -related personnel regarding best practices to ensure offender accountability, victim safety, and victim consultation in cases involving domestic violence, dating violence, sexual assault, and stalking. 15. To develop or strengthen policies, protocols, and training for law enforcement, prosecutors, and the judiciary in recognizing, investigating, and prosecuting instances of domestic violence, dating violence, sexual assault, and stalking against immigrant victims, including the appropriate use of applications for nonimmigrant status under subparagraphs (T) and (U) of section 1101(a)(15) of title 8. 16. To develop and promote state, local, or tribal legislation and policies that enhance best practices for responding to the crimes of domestic violence, dating violence, sexual assault, and stalking, including the appropriate treatment of victims. Page 7 of 47 O-OVW-2021-37003 17. To develop, implement, or enhance sexual assault nurse examiner programs or sexual assault forensic examiner programs, including the hiring and training of such examiners. 18. To develop, implement, or enhance Sexual Assault Response Teams or similar coordinated community responses to sexual assault. 19. To develop and strengthen policies, protocols, and training for law enforcement officers and prosecutors regarding the investigation and prosecution of sexual assault cases and the appropriate treatment of victims. 20. To provide human immunodeficiency virus testing programs, counseling, and prophylaxis for victims of sexual assault. 21. To identify and inventory backlogs of sexual assault evidence collection kits and to develop protocols for responding to and addressing such backlogs, including policies and protocols for notifying and involving victims. 22. To develop multidisciplinary high -risk teams focusing on reducing domestic violence and dating violence homicides by: a. using evidence -based indicators to assess the risk of homicide and link high -risk victims to immediate crisis intervention services; b. identifying and managing high -risk offenders; and c. providing ongoing victim advocacy and referrals to comprehensive services including legal, housing, health care, and economic assistance. Note: Given the intensive nature of implementing purpose area 22, the only purpose area that can be combined with this is purpose area 3. 23. To develop, strengthen, and implement policies, protocols, and training for law enforcement regarding cases of missing or murdered Indians, as described in section 5704 of title 25. 24. To compile and annually report data to the Attorney General related to missing or murdered Indians, as described in section 5705 of title 25. Note: Proposals under purpose areas 23 and 24 must have a primary purpose of treating domestic violence, dating violence, sexual assault, and stalking as serious violations of criminal law, as required by 34 U.S.C. § 10461(a). Because the majority of the statutory purpose areas listed above include functions and/or activities that are inherently governmental, state/tribal coalitions and victim service Page 8 of 47 O-OVW-2021-37003 providers applying as the lead applicant may seek funding to address only purpose areas 5, 10, and 17 above. OVW Priority Areas In FY 2021, OVW is interested in supporting the priority area(s) identified below. Applications proposing activities in the following areas will be given special consideration. 1. Reduce violent crime against women and promote victim safety through investing in law enforcement, increasing prosecution, and promoting effective prevention. In FY 2021, OVW will give special consideration to continuation applications submitted by states, Indian tribal governments, state and local courts (including juvenile courts), and units of local government that meaningfully address one or more of the following ten statutory purpose areas. To demonstrate that an application meaningfully addresses this priority, no less than 50 percent of proposed goals, objectives, activities, and budget must support law enforcement, prosecution, sexual assault nurse examiners/sexual assault forensic examiners, and/or court partners. Purpose areas that address this priority are purpose area 3 (specialized units), 6 (improving judicial handling of cases), 8 (developing policies and trainings for working with older individuals and individuals with disabilities), 10 (co -located services/FJC), 11 (developing policies and training for recognizing, investigating or prosecuting instances of sexual assault), 14 (training for prosecutors), 17 (developing sexual assault nurse examiner programs or sexual assault forensic nurse programs, including hiring and training of examiners), 18 (developing Sexual Assault Response Teams or similar coordinated community responses to sexual assault), 19 (improving investigation or prosecution of sexual assault cases), and/or 22 (reducing domestic and dating violence homicides), Applications that meet these requirements will receive a 5-point addition during the programmatic process. In an effort to encourage new applicants to apply for ICJR funding, 10 points will be applied to applications from jurisdictions who have not previously received ICJR funding. Additional information is provided in the Mandatory Program Requirements section of this solicitation. Statutory Priority Pursuant to 34 U.S.C. § 10462(b), when making ICJR Program awards, OVW must give priority to applicants that: 1. Do not currently provide for centralized handling of cases involving domestic violence, dating violence, sexual assault, or stalking by police, prosecutors, and courts; 2. Demonstrate a commitment to strong enforcement of laws, and prosecution or cases, involving domestic violence, dating violence, sexual assault, or stalking, including the enforcement of protection orders from other states and jurisdictions, including tribal jurisdictions; 3. Have established cooperative agreements or can demonstrate effective ongoing collaborative arrangements with neighboring jurisdictions to facilitate the Page 9 of 47 O-OVW-2021-37003 enforcement of protection orders from other states and jurisdictions, including tribal jurisdictions; and 4. Intend to utilize grant funds to develop and install data collection and communication systems, including computerized systems, and training on how to use these systems effectively to link police, prosecutors, courts, and tribal jurisdictions for the purpose of identifying and tracking protection orders and violations of protection orders, in those jurisdictions where such systems do not exist or are not fully effective. In FY 2021, applications submitted by states, Indian tribal governments, state and local courts (including juvenile courts), and units of local government addressing one or more of the statutory priorities above will receive one additional point during the programmatic review process. Activities that Compromise Victim Safety and Recovery or Undermine Offender Accountability OVW does not fund activities that jeopardize victim safety, deter or prevent physical or emotional healing for victims, or allow offenders to escape responsibility for their actions. Applications that propose any such activities may receive a deduction in points during the review process or may be eliminated from consideration. Information on activities that compromise victim safety and recovery or undermine offender accountability may be found in the Solicitation Companion Guide. Out -of -Scope Activities The activities listed below are out of the program scope and will not be supported by this program's funding. See also the list of unallowable costs in the Funding Restrictions section of this solicitation. 1. Research projects. Funds under this program may not be used to conduct research, defined in 28 C.F.R. § 46.102 as a systematic investigation designed to develop or contribute to generalizable knowledge. Surveys and focus groups, depending on their design and purpose, may constitute research and therefore be out -of -scope. Prohibited research does not include assessments conducted for internal improvement purposes only (see Limited Use of Funds below). For information on distinguishing between research and assessments, see the Solicitation Companion Guide. 2. Direct legal representation. Grant funds may only be used to provide legal representation to victims of domestic violence, dating violence, sexual assault, and stalking in the limited context of protection order proceedings. 3. Family Law. Grant funds may not be used for family law matters including, but not limited to, divorce, custody, visitation, and/or child support. 4. Prevention activities. Grant funds may not be used for prevention activities. Grantees are only permitted to engage in outreach activities to inform potential victims about the Page 10 of 47 O-OVW-2021-37003 availability of services. 5. Family violence services. Grant funds may not be used to address child abuse or other family violence issues, such as violence perpetrated by a child against a parent or violence perpetrated by a sibling against another sibling. 6. Services for children. Grant funds may not be used to investigate or prosecute child physical or sexual abuse cases. Grant funds may be used to investigate, prosecute, and provide services in cases involving victims age 11 and older. Grant funds may be used to provide direct services to individuals 10 and under only where such services are an ancillary part of providing services to the individual's parent who is a victim of domestic violence, dating violence, sexual assault, or stalking (such as providing child care services while the parent -victim receives services). 7. Sex offender registry. Grant funds may not be used to create sex offender registries. 8. Missing or murdered Indians. Grant funds may not be used for policies, protocols, training or data collection and reporting that do not further the purpose of treating domestic violence, dating violence, sexual assault, and stalking as serious violations of criminal law. Applications that propose activities deemed to be substantially out -of -scope may receive a deduction in points during the review process or may be eliminated from consideration. Limited Use of Funds Grantees may use up to three percent of grant award funds to assess their work for internal improvement purposes only, such as by convening a listening session to identify service gaps in the community or surveying training participants about the quality of training content and delivery. Applicants considering such assessments must refer to the OVW research decision tree in the Solicitation Companion Guide to ensure that the activity does not qualify as human subjects research. The Solicitation Companion Guide also provides additional information on federal requirements related to research, assessments, and surveys. Activities Requiring Prior Approval Recipients must receive prior approval before using grant funds to support surveys, whether conducted as part of a program or needs assessment, or for any other purpose. Prior approval is necessary to determine whether the activity is within the scope of the award and meets the requirements of the Paperwork Reduction Act (see the Solicitation Companion Guide for more information). Page 11 of 47 O-OVW-2021-37003 Federal Award Information Awards, Amounts and Durations Anticipated Number of Awards 45 Anticipated Maximum Dollar Amount of Awards $1,000,000.00 Period of Performance Start Date 10/1 /21 12:00 AM Period of Performance Duration (Months) 48 Anticipated Total Amount to be Awarded Under Solicitation $30,000,000.00 Availability of Funds All awards are subject to the availability of appropriated funds and any modifications or additional requirements that may be imposed by law. There is no guarantee that funds will be available in the future. OVW may elect to make awards in a future fiscal year for applications submitted under this solicitation but not selected for FY 2021 funding, depending on the merits of the applications and the availability of funding. Types of Awards Awards will be made as grants. Award Period and Amounts New Applicants: The award period is 48 months for new applicants and continuation applicants seeking to implement purpose area 22 for the first time. Budgets must reflect 48 months of project activities, and the total "estimated funding" on the SF-424 must reflect 48 months for new applicants. OVW anticipates that the award period will start on October 1, 2021. Continuation Applicants: Page 12 of 47 O-OVW-2021-37003 The award period is 36 months for continuation applicants. Budgets must reflect 36 months of project activities, and the total "estimated funding" on the SF-424 must reflect 36 months for continuation applicants. OVW anticipates that the award period will start on October 1, 2021 Funding levels under this program for FY 2021 are: 1. $500,000 for projects with a service area population up to 400,000 for the entire 36 or 48 months. 2. $750,000 for projects with a service area population 400,001 to 700,000 for the entire 36 or 48 months. 3. $1,000,000 for projects with a service area population 700,001 and above for the entire 36 or 48 months. 4. $1,000,000 for statewide projects, regardless of service area population for the entire 36 or 48 months. Applicants must upload and attach a service area map with population size to their application in JustGrants. OVW has the discretion to make awards for greater or lesser amounts than requested and to negotiate the scope of work and budget with applicants prior to making an award. Types of Applications In FY 2021, OVW will accept applications for this program from the following: Recipients of an FY FY 2019 or FY 2020 award under this program are NOT eligible to apply as the lead applicant on an FY 2021 proposal. New: Applicants that have never received funding under this program or whose previous funding under this program expired on or before March 31, 2020. The ICJR Program is fundamentally guided by the core principle of developing and establishing a coordinated community response (CCR). A CCR team convenes multidisciplinary community partners to provide interagency, coordinated responses to domestic violence, dating violence, sexual assault, and stalking. Collaboration improves responses to victims/survivors and more effectively holds offenders accountable. In FY 2021, the ICJR Program will give special consideration to new applicants that have never received ICJR funding and are committed to developing a CCR, revitalizing or enhancing their CCR, and engaging in a community assessment process. New applicants proposing to implement, develop, revitalize or enhance their CCR will receive a 10-point addition during the programmatic review process. Continuation: Applicants that have an existing or recently closed (after March 31, 2020) Page 13 of 47 O-OVW-2021-37003 award under this program. Continuation funding is not guaranteed. Note: The purpose of ICJR funding is to provide jurisdictions with resources to address VAWA crimes; it is not intended to be long-term sustained funding. In an effort to distribute ICJR funding across the country and to support innovative projects, continuation applicants that propose new project goals, objectives, and activities will receive special consideration. Note: Current grantees with a substantial amount of unobligated funds remaining (50 percent or more of the previous award) as of March 31, 2021 without adequate justification may not be considered for funding or may receive a reduced award amount if selected for funding in FY 2021. Mandatory Program Requirements All applicants that receive funding under this program will be required to engage in the following activities: 1. OVW-sponsored training and technical assistance (TTA). 2. OVW may conduct a program assessment or evaluation necessitating grantee involvement. Therefore, recipients may be expected to dedicate some OVW-funded time and resources to participating in an assessment or evaluation. 3. Attend a new grantee orientation. 4. Attend training on stalking and cyberstalking within the first 12 months of the project period. 5. Submit HIV certification documentation as detailed below: Pursuant to 34 U.S.C. § 10461(d), states and units of local government that receive ICJR Program funding shall not be entitled to 5 percent of their total award unless the state or unit of local government: 1. certifies that it has a law, policy, or regulation that requires — a) the state or unit of local government at the request of a victim to administer to a defendant, against whom an information or indictment is presented for a crime in which by force or threat of force the perpetrator compels the victim to engage in sexual activity, testing for the immunodeficiency virus (HIV) not later than 48 hours after the date on which the information or indictment is presented and the defendant is in custody or has been served with the information or indictment; b) as soon as practicable notification to the victim, or parent and guardian of the victim, and the defendant of the testing results; and c) follow-up tests for HIV as may be medically appropriate, and that as soon as practicable after each such test the results be made available in accordance with subparagraph (b); or 2. gives the Attorney General assurances that its laws and regulations will be in compliance with requirements of paragraph (1) within the period ending on the date on which the next session of the state legislature ends. Page 14 of 47 O-OVW-2021-37003 All state and local government applicants must submit either a certification that they are in compliance with the above requirement along with a copy of the relevant law, regulation, or policy, or an assurance attesting that the applicant will meet the requirement by the end of the next legislative session from the date of application. The certification or assurance must be in the form of a letter, on government letterhead, signed and dated by the authorized representative of the state or local government. A special condition withholding five percent of funds will be added to all awards to states and units of local governments that submit assurances or do not provide a compliant law, regulation, or policy with the certification. Pursuant to 28 C.F.R. § 90.64(b)(2), in the event that a unit of local government does not have authority to prosecute "crime[s] in which by force or threat of force the perpetrator compels the victim to engage in sexual activity[,]" the unit of local government may submit a letter from an appropriate legal authority in the jurisdiction certifying that the jurisdiction does not have authority to prosecute "crime[s] in which by force or threat of force the perpetrator compels the victim to engage in sexual activity" and that therefore the certification is not relevant to the unit of local government in question. The signed HIV Certification, HIV Assurance, or HIV Exemption letter must be uploaded as an additional attachment at the end of the application in JustGrants. In addition, all new applicants that receive funding under this program and continuation applicants seeking to implement purpose area 22 for the first time will be required to engage in a 12-month planning phase. New grantees will spend the first 12 months of the 48-month project period completing required training by OVW TTA providers to ensure critical partners have the necessary competency in improving the criminal justice response to victims of domestic violence, dating violence, sexual assault, and stalking. During the 12-month planning phase, new grantees are required to engage in a mandatory planning phase before the start of the implementation phase. Grantees will: 1. Identify a dedicated project coordinator. 2. Create a coordinated community response with project partners and relevant stakeholders in the community. 3. Identify evidenced -based practices and/or tools that may be implemented at the agency and community level. 4. Submit a logic model that outlines community goals. OVW must approve the logic model prior to the start of the implementation phase. Note: Continuation applicants that have never implemented a lethality/risk assessment tool and are seeking to implement purpose area 22 in FY 2021 will receive a 48-month Page 15 of 47 O-OVW-2021-37003 award and will be required to complete the 12-month TTA planning period. Eligibility Information Eligible Applicants Pursuant to 34 U.S.C. § 10461(c), the following entities are eligible to apply for this program: 1. States. "State" means each of the several states and the District of Columbia, and the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands. 34 U.S.C. § 12291(a)(31). 2. Indian tribal governments. "Tribal government" means any tribe, band, pueblo, nation, or other organized group or community of Indians, including any Alaska Native village or regional or village corporation (as defined in, or established pursuant to, the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)), that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. 34 U.S.C. § 12291(a)(36). 3. State and local courts (including juvenile courts). "Courts" means any civil or criminal, tribal, and Alaska Native Village, federal, state, local or territorial court having jurisdiction to address domestic violence, dating violence, sexual assault, or stalking, including immigration, family, juvenile, and dependency courts, and the judicial officers serving in those courts, including judges, magistrate judges, commissioners, justices of the peace, or any other person with decision making authority. 34 U.S.C. § 12291(a)(2). 4. Units of local government. "Unit of local government" means any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a state. (Note: Pursuant to 28 C. F.R. § 90.61(b), the following are not considered units of local government and are not eligible to apply as the lead applicant: police departments, pre- trial service agencies, district or city attorneys' offices, sheriffs' departments, probation and parole departments, and universities. These entities may assume responsibility for the development and implementation of the project but must have their state, tribal government, or unit of local government apply as the lead applicant.) 5. State, tribal, or territorial domestic violence or sexual assault coalitions that partner with a state, Indian tribal government, or unit of local government. A "state, tribal, or territorial domestic violence or sexual assault coalition" is a coalition Page 16 of 47 O-OVW-2021-37003 recognized by OVW pursuant to 34 U.S.C. § 10441(d)(2)(A), determined by the Secretary of Health and Human Services under 42 U.S.C. § 10411, or determined by the Center for Injury Prevention and Control of the Centers for Disease Control and Prevention under the Public Health Service Act (42 U.S.C. §§ 280b et seq.). See also 34 U.S.C. § 12291(a)(32)-(35). 6. Victim service providers that partner with a state, Indian tribal government, or unit of local government. A "victim service provider" is a nonprofit, nongovernmental or tribal organization or rape crisis center, including a state or tribal domestic violence and/or sexual assault coalition, that assists or advocates for domestic violence, dating violence, sexual assault, or stalking victims, including a domestic violence shelter, faith -based organization or other organization, with a documented history of effective work concerning domestic violence, dating violence, sexual assault, or stalking. 34 U.S.C. § 12291 (a) (43). Victim service providers must provide direct services to victims of domestic violence, dating violence, sexual assault, or stalking as one of their primary purposes and have a demonstrated history of effective work in this field. 501(c)(3) Status Any entity that is eligible for this program based on its status as a nonprofit organization must be an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of that Code. See 34 U.S.C. § 12291(b)(16)(B)(i). Executive Order 13929 Safe Policing for Safe Communities To advance Executive Order 13929 Safe Policing for Safe Communities, the Attorney General determined that all state, local, and university or college law enforcement agencies must be certified by an approved independent credentialing body or have started the certification process to be eligible for FY 2021 DOJ discretionary grant funding, either as a recipient or a subrecipient. To become certified, the law enforcement agency must meet two mandatory conditions: (1) the agency's use of force policies adhere to all applicable federal, state, and local laws; and (2) the agency's use of force policies prohibit chokeholds except in situations where use of deadly force is allowed by law. For detailed information on this new certification requirement, see Safe Policing to access the Standards for Certification on Safe Policing for Safe Communities, Implementation Fact Sheet, and List of Designated Independent Credentialing Bodies. Ineligible Entities and Disqualifying Factors Applications submitted by ineligible entities or that do not meet all program eligibility requirements will not be considered for funding. In addition, an application deemed deficient in one or more of the following categories may not be considered for funding: 1. activities that compromise victim safety, 2. out -of -scope activities, 3. unallowable costs, 4. pre -award risk assessment, 5. completeness of application contents, and 6. timeliness. Failure to comply Page 17 of 47 O-OVW-2021-37003 fully with all applicable unique entity identifier and SAM requirements (see Application and Submission section for more information on these requirements) will result in removal from consideration. An applicant with past performance issues, long-standing open audits, or an open criminal investigation also may not be considered for funding. Note: Any nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in section 511(a) of the Internal Revenue Code is not eligible for a grant from this program. See 34 U.S.C. § 12291 (b)(1 6)(13)(ii). Cost Sharing or Matching This program has no matching requirement. Other Program Eligibility Requirements In addition to meeting the eligible entity requirements outlined above, applicants for this program must also meet the requirements below. All certification and other eligibility related documents must be current and developed in accordance with the FY 2021 solicitation. Certifications must take the form of a letter, on letterhead, signed, and dated by the Chief Executive Officer (i.e., the certification letter must be signed by the highest official of the state, tribe, local jurisdiction, or court). Examples of an appropriate Chief Executive Officer are a governor for a state, chief judge for a court, a mayor or county executive for a unit of local government, etc. If the certification letter is determined to be deficient and the application is selected for funding, the applicant will be required to correct any deficiencies prior to OVW making an award. The signed certification letter must be uploaded as a separate attachment in JustGrants. Sample certification letters can be found on the OVW website. Certification of Eligibility Under 34 U.S.C. § 10461(c): 1. State, Unit of Local Government, and Tribal Government Applicants must: 1. certify that their laws or official policies: 1. encourage or mandate arrests of domestic violence offenders based on probable cause that an offense has been committed; and 2. encourage or mandate arrest of domestic violence offenders who violate the terms of a valid and outstanding protection order; 2. demonstrate that their laws, policies, or practices and their training programs discourage dual arrests of offender and victim; 3. certify that their laws, policies, or practices prohibit issuance of mutual restraining orders of protection except in cases where both parties file a claim and the court makes detailed findings of fact indicating that both parties acted primarily as aggressors and that neither party acted primarily in self-defense; 4. certify that their laws, policies, and practices do not require, in connection with the Page 18 of 47 O-OVW-2021-37003 prosecution of any misdemeanor or felony domestic violence, dating violence, sexual assault, or stalking offense, or in connection with the filing, issuance, registration, modification, enforcement, dismissal, or service of a protection order, or a petition for a protection order, to protect a victim of domestic violence, dating violence, stalking, or sexual assault, that the victim bear the costs associated with the filing of criminal charges against the offender, or the costs associated with the filing, issuance, registration, modification, enforcement, dismissal, or service of a warrant, protection order, petition for a protection order, or witness subpoena, whether issued inside or outside the state, tribal, or local jurisdiction; and 5. certify that, their laws, policies, or practices will ensure that — 1. no law enforcement officer, prosecuting officer or other government official shall ask or require an adult, youth, or child victim of a sex offense as defined under federal, tribal, state, territorial, or local law to submit to a polygraph examination or other truth telling device as a condition for proceeding with the investigation of, trial of, or sentencing for such an offense; and 2. the refusal of a victim to submit to an examination described in clause (i) shall not prevent the investigation of, trial of, or sentencing for the offense. Court Applicants must certify that: 1. their laws, policies, or practices prohibit issuance of mutual restraining orders of protection except in cases where both parties file a claim and the court makes detailed findings of fact indicating that both parties acted primarily as aggressors and that neither party acted primarily in self-defense; 2, the laws, policies, and practices applicable to the court do not require, in connection with the prosecution of any misdemeanor or felony domestic violence, dating violence, sexual assault, or stalking offense, or in connection with the filing, issuance, registration, modification, enforcement, dismissal, or service of a protection order, or a petition for a protection order, to protect a victim of domestic violence, dating violence, stalking, or sexual assault, that the victim bear the costs associated with the filing of criminal charges against the offender, or the costs associated with the filing, issuance, registration, modification, enforcement, dismissal, or service of a warrant, protection order, petition for a protection order, or witness subpoena, whether issued inside or outside the state, tribal, or local jurisdiction; and 3, the laws, policies or practices applicable to the court ensure that: 1. no law enforcement officer, prosecuting officer or other government official shall ask or require an adult, youth, or child victim of a sex offense as defined under federal, tribal, state, territorial, or local law to submit to a polygraph examination or other truth telling device as a condition for proceeding with the investigation of, trial of, or sentencing for such an offense; and 2. The refusal of a victim to submit to an examination described in subparagraph (i) shall not prevent the investigation of, trial of, or sentencing for the offense. 3. Coalition and Victim Service Provider Applicants: Coalition and victim service provider applicants must partner with a state, Indian tribal government, or unit of local government, and must submit with their application a Page 19 of 47 O-OVW-2021-37003 Certification of Eligibility as described above signed by the chief executive officer of the government partner on government agency letterhead. A coalition or victim service provider applicant with only a court partner is not eligible and therefore cannot submit a Certification of Eligibility from a court partner. Required Partnerships All applications to the ICJR Program must include formal partnerships as described below based on lead applicant type. Applicants that fail to include the mandatory partner will be removed from further consideration. 1. State, Indian Tribal Government, Unit of Local Government and Court Applicants: Applicants that are states, units of local governments, tribal governments, or courts are required to enter into a formal partnership with: 1) one or more victim service provider(s) that have a documented history of serving victims of domestic violence, dating violence, sexual assault, and/or stalking, and 2) other governmental organizations that are necessary for the implementation of the proposed project. A victim service provider must be involved in the development and implementation of the project. Victim service provider partners must provide direct services to victims of domestic violence, dating violence, sexual assault, or stalking as one of their primary purposes and have a demonstrated history of effective work in this field. 2. Coalition or Victim Service Provider Applicants: Lead applicants that are victim service providers, including coalitions, are required to enter into a formal partnership with: 1) a state, Indian tribal government, or unit of local government appropriate to the service area, and 2) any specific governmental organizations that are necessary for the implementation of the proposed project. All partners must be involved in the development and implementation of the project. All formal partnerships must be documented in the form of a Memorandum of Understanding (MOU) or Letter(s) of Commitment (LOC) in limited situations. LOC(s) can only be submitted in place of an MOU when the lead applicant is a court and the court is precluded from entering into an MOU. In that situation, the court applicant may submit an LOC in lieu of an MOU, stating how the court is precluded from entering into an MOU, and the project partners may also submit LOCs in lieu of an MOU. See "Memorandum of Understanding" section for additional information on MOU requirements. Limit on Number of Applications OVW will consider only one application per organization for the same service area. In addition, if an applicant submits multiple versions of the same application, OVW will review P I the most recent system -validated version submitted before the deadline. Application and Submission Information Address to Request Application Package The complete application package (this solicitation, including links to required forms) is Page 20 of 47 O-OVW-2021-37003 available on Grants.gov and on the OVW website. Applicants wishing to request a paper copy of these materials should contact 202-353-5498 and OVW.ICJR@usdoj.gov. Pre -Application Information Session(s) OVW will conduct two optional web -based pre -application information sessions. During these sessions, OVW staff will review this program's requirements, review the solicitation, and allow for a brief question and answer period. These sessions are tentatively scheduled for: 1. February 3, 2021 at 1 pm ET (new applicants) 2. February 3, 2021 at 3 pm ET (continuing applicants) Participation in a pre -application information session is optional and not a requirement to be eligible to apply. To register, contact the ICJR Program at OVW.ICJR@usdoj.gov or at 202-353-5498. Registration must be received at least 2 days prior to the start of the session. Participants are not registered until they receive a confirmation email. Webinars will be captioned in English and Spanish. Interested applicants needing additional language assistance should contact this program at OVW.ICJR@usdoi.gov or at 202-353-5498 as soon as possible, but no later than January 29, 2021. Content and Form of Application Submission The information below (" Letter of Intent" through " Submission Dates and Times") describes the full content and form of application submission. Letter of Intent Applicants intending to apply for FY 2021 funding under this program are strongly encouraged to submit a Letter of Intent. The letter should state that the applicant is registered and current with SAM and with Grants.gov. The letter should be submitted to OVW at OVW.ICJR@usdoi.gov by March 16, 2021. This letter will not obligate the applicant to submit an application. See the OVW website for a sample Letter of Intent. Formatting and Technical Requirements Applications must follow the requirements below for all documents, unless otherwise noted. Points may be deducted for applications that do not adhere to the following requirements: 1. Double-spaced (Data Requested with Application, Pre -Award Risk Assessment, and charts may be single-spaced). 2. 8'/z x 11 inch pages. 3. One -inch margins. 4. Type no smaller than 12 point, Times New Roman (TNR) or Arial font, except for footnotes, which may be in 10-point font. 5. Page numbers. 6. No more than 20 pages for the Proposal Narrative. Page 21 of 47 O-OVW-2021-37003 7. Word documents in the following formats: Microsoft Word (.doc), PDF files (.pdo, or Text Documents (.txt). 8. Headings and sub -headings that correspond to the sections identified in this section of the solicitation. Application Contents Applications must include the required documents and demonstrate that the program eligibility requirements have been met. For a complete checklist of the application contents, see the Application Checklist in the Other Information section of this solicitation. OVW will not contact applicants for missing items on the list below. Applications that do not include all of the following documents will be considered substantially incomplete and will not be considered for funding: 1. Proposal Narrative. 2. Budget Detail Worksheet and Narrative. 3. Data Requested with Application 4. MOU/LOC(s) in accordance with partnership requirements described above. 5. Certification of Eligibility. Information to Complete the Application for Federal Assistance (SF-424) Application for Federal Assistance (SF-424) Applicants must complete the SF-424 in Grants.gov. The SF-424 is generated when the applicant begins the submission process. For "Type of Applicant," do not select "Other." The amount of federal funding requested in the "Estimated Funding" section of this form must match the amount of federal funding requested in the budget section of the application package. This program does not require a match; therefore, the values for the Applicant line should be zero. The individual who is listed as " Authorized Representative" must be an individual who has the authority to apply for and accept grant awards on behalf of the organization or jurisdiction. Intergovernmental Review (SF-424 Question 19): This solicitation ("funding opportunity") is subject to Executive Order (E.O.) 12372, Intergovernmental Review of Federal Programs. Applicants must check the Office of Management and Budget's website for the names and addresses of state Single Points of Contact (SPOC) under Intergovernmental Review. If the applicant's state appears on the SPOC list, the applicant must contact the state SPOC to find out about, and comply with, the state's process under E.O. 12372. In completing the SF-424, such an applicant is to make the appropriate selection in response to question 19 once the applicant has complied with its state E.O. 12372 process. An applicant whose state does not appear on the SPOC list should answer question 19 by selecting the following response: "Program is subject to E.O. 12372 but has not been selected by the state for review." Page 22 of 47 O-OVW-2021-37003 Disclosure of Lobbying Activities (SF-LLL) All applicants must complete and submit the Disclosure of Lobbying Activities (SF-LLL) form in Grants.gov. Applicants that expend any funds for lobbying activities must provide the information requested on the SF-LLL. Applicants that do not expend any funds for lobbying activities should enter "N/A" in the required highlighted fields. Standard Applicant Information (JustGrants 424 and General Agency Information) Applicants must complete this web -based form in JustGrants, which is pre -populated with the SF-424 data submitted in Grants.gov. Applicants are required to review the Standard Applicant Information and make edits as needed, confirm the Authorized Representative, verify the legal name and address, and enter the ZIP code(s) for the areas affected by the project. Proposal Abstract The Proposal Abstract must provide a short summary (no more than two pages double- spaced) of the proposed project, including names of applicant and partners, project title, purpose of the project (including goal and intended outcome), primary activities for which funds are requested, who will benefit (including geographic area to be served), products and deliverables, and how the applicant will measure progress in completing project goals and objectives. Applicants must not summarize past accomplishments in this section. The Proposal Abstract, which is to be entered into a text box in JustGrants, will not be scored but is used throughout the review process. Proposal Narrative The Proposal Narrative may not exceed 20 pages, double-spaced, and reviewers will not read beyond this page limit. The Proposal Narrative must include the following 3 sections. The total point value for the proposal narrative section is 65 points. Applicants must upload the Proposal Narrative as an attachment in JustGrants. Purpose of the Proposal (10 points) This section must describe: 1. The challenge or need faced by the community and how the goal/vision for the proposal will meet that need. 2. Provide a detailed description of how the needs of the community connect to the proposed purpose areas. 3. Describe the service area(s), including the geographic location, size, demographics, and unique characteristics in the jurisdictions) or state. 4. Identify gaps in services and explain how the proposed project will complement and not duplicate existing services. Page 23 of 47 O-OVW-2021-37003 New applicants must describe: 1. Current CCR efforts that address domestic violence, dating violence, sexual assault, and stalking including participating partners, leadership, activities, and areas for improvement. Continuation applicants must describe: 2. The impact of current or prior efforts to prevent and reduce domestic violence, dating violence, sexual assault, and/or stalking in the service area, highlighting efforts previously supported by OVW. What Will Be Done (40 points) The application must provide a clear link between the proposed activities and the need identified in the "Purpose of the Proposal section above. The application must not include any of the activities listed as unallowable costs in the Funding Restrictions section of this solicitation. This section must describe: 1. The approach to addressing the challenge or need identified in the Purpose of the Proposal section above. 2. How the applicant will measure its progress in achieving the proposal's goal(s)/vision. Identify targeted outcome(s) and describe any tool(s) the applicant will use to track those outcomes and report them to OVW. Tools may include OVW performance progress reports and logic model templates (both available at VAWA Measuring Effectiveness Initiative). 3. How the applicant will move to project sustainability; continuation applicants must provide specific details. 4. Provide a comprehensive description of the overall strategy and describe the specific tasks and activities necessary to accomplish the goals and objectives. 5. How the applicant is proposing to address the OVW purpose area(s), the priority areas, and/or if the applicant will address any of the ICJR statutory priorities. 6. Describe why the applicant anticipates that the project will be successful, and describe how the applicant will determine if the project goals are accomplished. 7. List tangible products, if any (e.g., a video, a brochure, a curriculum), that will be created under this project, and describe how the products could assist other jurisdictions addressing domestic violence, dating violence, sexual assault, or stalking. Product development is not required. 8. How the proposed activities, events, and deliverables will be accessible to individuals with disabilities and individuals who are Deaf or hard of hearing. 9. How the proposed project will reach each population in the service area identified in the Purpose of the Application section. 10. How the project will address the victimization rates identified in the Purpose of the Proposal section. Page 24 of 47 O-OVW-2021-37003 New applicants and continuation applicants seeking to implement purpose area 22 for the first time must also describe: 1. How the applicant and its partners will create or enhance policies and procedures to ensure efforts are improving the identification, investigation, prosecution, and adjudication of domestic violence dating violence, sexual assault, and stalking cases. 2. A detailed 48-month timeline with a list of key activities and milestones to take place within the award period grouped by month or quarter. All continuation applicants must also include: 1. A detailed timeline covering the entire project period with a list of key activities and milestones to take place within the award period grouped by month or quarter. 2. How the applicant will ensure progress towards implementing identified CCR activities will improving the identification, investigation, prosecution, and adjudication of cases. 3. A brief description of funding sources and plans for sustaining the project beyond OVW funding. 4. If applicable, describe the proposed activities to meet the priority area: "reduce violent crime against women and promote victim safety through investing in law enforcement and increasing prosecution." Who Will Implement the Proposal (15 points) This section must: 1. Identify the key individuals and organizations, including project partners, involved in the proposed project. 2. Demonstrate that the individuals and organizations identified have the capacity to address the stated need and can successfully implement the proposed project activities; attach job descriptions of all key personnel. 3. Describe all collaborative partnerships involved in implementing the project. 4. Describe the applicant's experience and expertise in the areas of domestic violence, dating violence, sexual assault, and stalking, as appropriate, for both the lead organization and key personnel who will be directly involved with the proposed project. 5. Describe the project partners' expertise in the areas of domestic violence, dating violence, sexual assault, and stalking, as appropriate, for both the partner organization(s) and key personnel who will be directly involved with the proposed project. 6. Describe the roles and responsibilities of the applicant, each partner, and key personnel. Position descriptions must be included with the application if hiring any key personnel. Budget and Associated Documentation Applicants must complete the web -based form in JustGrants for the budget worksheet and Page 25 of 47 O-OVW-2021-37003 budget narrative. Applicants also must upload the applicable associated documentation as described below under each heading. The budget worksheet and budget narrative are worth a total of 15 points and will be reviewed separately from the proposal narrative. The associated documentation will not be scored, but failure to include it may result in removal from consideration or a delay in access to funding. Budget Worksheet and Budget Narrative (Web -based Form) Complete the budget worksheet and narrative form for all applicable cost categories. The budget narrative must describe each line item requested in the budget and explain all costs included in the budget, including how the costs of goods and services are determined and how they will fulfill the objectives of the project. See the sample budget and the Creating a Budget webinar available on the OVW website at OVW website. Keep in mind that budgetary requirements vary among programs. Applicants must submit reasonable budgets based on the resources needed to implement their projects in their specific geographic location. Award Period and Amount New applicants and continuation applicants applying to implement purpose area 22 for the first time: Budgets for new applicants and continuation applicants applying to implement purpose area 22 for the first time should cover a project period of 48 months, or four years, starting October 1, 2021 and ending on September 30, 2025. Continuation applicants: Budgets for continuation applicants should cover a project period of 36 months, or three years, starting October 1, 2021 and ending on September 30, 2024. Budget requests for both new and continuation applicants must not exceed: . $500,000 for projects with a service area population up to 400,000. . 750,000 for projects with a service area population 400,001 to 700,000. . $1,000,000 for projects with a service area population 700,001 and above. . $1,000,000 for statewide projects, regardless of service area population. The budget must: 1. Display a clear link between the specific project activities and the proposed budget items. The budget should not contain items that are not supported by the proposal narrative. 2. Include funds to attend OVW-sponsored TTA in the amount of $40,000 for applicants located in the 48 contiguous states and $60,000 for applicants located in the territories, Hawaii, and Alaska. This amount is for the entire 36 or 48 months and NOT per year. Applicants also may budget expenses in excess of the required amount if they are aware of relevant non-OVW sponsored conferences or training for which they would like permission to use grant funds to support staff/project partner attendance. Page 26 of 47 O-OVW-2021-37003 3. Continuation applicants must include a statement indicating whether no less than 50 percent of proposed goals, objectives, activities, and budget support law enforcement, prosecution, sexual assault nurse examiners/sexual assault forensic examiners, and/or court partners for purpose areas 3, 6, 8, 10, 11, 14, 17, 18, 19, and/or 22, if applicable. 4. Include funds or describe other resources available to the applicant to ensure access for individuals with disabilities, Deaf/hard of hearing individuals, and persons with limited English proficiency. See Accessibility under Federal Award Administration Information for more information. 5. Compensate all project partners for their full level of effort, unless otherwise stated in the MOU. For more information on compensating project partners, see the sample Budget Detail Worksheet on the OVW website. 6. Distinguish clearly between subawards and contracts in allocating any grant funds to other entities. Pursuant to 2 C.F.R. § 200.331, a subaward is for the purpose of carrying out a portion of the federal award, such as compensating an MOU partner, and a contract is for the purpose of obtaining goods and services for the grantee's own use. The substance of the relationship is more important than the form of the agreement in determining whether the recipient of the pass -through funds is a subrecipient or a contractor. The awarding and monitoring of contracts must follow the recipient's documented procurement procedures, including full and open competition, pursuant to the procurement standards and monitoring requirements in 2 C.F.R. §§ 200.317-200.329. The issuance and monitoring of subawards must meet the requirements of 2 C.F.R. § 200.332, which includes oversight of subrecipient/partner spending and monitoring performance measures and outcomes attributable to grant funds. For more information, see the sample Budget Detail Worksheet and the Solicitation Companion Guide on the OVW website. OVW awards are governed by the provisions of 2 C.F.R. Part 200 and the DOJ Financial Guide, which include information on allowable costs, methods of payment, audit requirements, accounting systems, and financial records. For additional information on allowable and unallowable costs, see the Funding Restrictions section below and the sample budget on the OVW website. Funding Restrictions The following information is provided to allow applicants to develop an application and budget consistent with program requirements. Unallowable Costs The costs associated with the activities listed below are unallowable and must not be included in applicants' budgets. 1. Lobbying. 2. Fundraising. 3. Purchase of real property. 4. Physical modifications to buildings, including minor renovations (such as painting or carpeting). 5. Construction. Page 27 of 47 O-OVW-2021-37003 Food and Beverage/Costs for Refreshments and Meals Generally, food and beverage costs are not allowable. Recipients must receive prior approval to use grant funds to provide a working meal and/or refreshments at a meeting, conference, training, or other event; OVW may provide such approval if one of the following applies: 1. The location of the event is not in close proximity to food establishments, despite efforts to secure a location near reasonably priced and accessible commercial food establishments. 2. Not serving food will significantly lengthen the day or necessitate extending the meeting to achieve meeting outcomes. 3. A special presentation at a conference requires a plenary address where there is no other time for food to be obtained. 4. Other extenuating circumstances necessitate the provision of food. Justification for an exception listed above must be included in the applicant's budget narrative. For additional information on restrictions on food and beverage expenditures, see OVW conference cost planning. Conference Planning and Expenditure Limitations Applicants' budgets must be consistent with all requirements (including specific cost limits and prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (which is defined to include meetings, retreats, seminars, symposiums, training, and other similar events), and costs of attendance at such events. Information on conference planning, minimization of costs, and conference reporting is available at OVW conference cost planning. Pre -Agreement Cost OVW generally does not allow pre -award costs. Costs incurred prior to the start date of the award may not be charged to the project unless the recipient receives prior approval from OVW. See the DOJ Financial Guide for more information on pre -award costs. Indirect Cost Rate Agreement (if applicable) Applicants that intend to charge indirect costs through the use of a negotiated indirect cost rate must have a current, signed, federally -approved indirect cost rate agreement and must upload and attach a copy of the agreement to their application in JustGrants. Applicants (other than state, local, and tribal governments) that do not have a current negotiated (including provisional), rate may elect to charge a de minimis rate of 10% of modified total direct costs, which may be used indefinitely. State, local, and tribal governments that have never negotiated an indirect cost rate with the federal government and receive less than $35 million in direct federal funding per year also may choose to use the 10% de minimis rate. Organizations that wish to negotiate an indirect cost rate should contact OVW's Grants Page 28 of 47 O-OVW-2021-37003 Financial Management Division at OVW.GFMD@usdoe.gov or 1-888-514-8556 for more information. Financial Management Questionnaire (including applicant disclosure of high -risk status) Applicant Financial Capability Questionnaire (if applicable) All nonprofit, nongovernmental organizations that apply for funding from OVW and have not previously (or within the last three years) received funding from OVW must complete an Applicant Financial Capability Questionnaire and attach it to their application in JustGrants. In addition, applicants may be required to submit their current year's audit report at a later time. Pre -Award Risk Assessment Each applicant must respond to the questions below in a document uploaded and attached to its application in JustGrants. Do not submit responses from a prior fiscal year without updating them to be responsive to all questions listed below. This information will be used for a mandatory pre -award risk assessment. Failure to provide this information or to respond to questions from OVW regarding this information in a timely manner could result in the application being removed from consideration or a delay in access to funds. Provide complete responses that address all questions included for each numbered item. This document should be no more than four pages and may be single or double-spaced. 1. Will all funds awarded under this program be maintained in a manner that they will be accounted for separately and distinctly from other sources of revenue/funding? Provide a brief description of the applicant's policies and procedures that ensure funds will be tracked appropriately. 2. Does the applicant have written accounting policies and procedures? How often are these policies and procedures updated? Provide a brief list of the topics covered in the applicant's policies and procedures. OVW may request a copy for review during the application/award process or as part of the grant monitoring process. 3. Is the applicant's financial management system able to track actual expenditures and outlays with budgeted amounts for each grant or subgrant? Provide a brief summary of the organization's process for tracking expenditures, including tracking budgeted versus actual amounts. 4. Does the applicant have procedures in place for minimizing the time between transfer of funds from the United States Treasury and disbursement for project activities? Provide a short summary of the applicant's policy for requesting payments for grant awards. 5. Does the applicant have effective internal controls in place to ensure that federal funds are used solely for authorized purposes? Provide a brief description of the applicant's internal controls that will provide reasonable assurance that the award funds will be managed properly. 6. Does the applicant have a documented records retention policy? If so, briefly describe the policy and confirm that the policy complies with federal regulations. Information on Record Retention and Access can be found at 2 C.F.R. §§ Page 29 of 47 O-OVW-2021-37003 200.334-200.338. 7. Does the applicant or any of its employees have any potential personal or organizational conflicts of interest related to the possible receipt of OVW award funds? Applicants are required to disclose in writing any potential conflicts of interest to their awarding agency. See 2 C.F.R. § 200.112 and Chapter 3.20, Grant Fraud, Waste and Abuse, of the DOJ Financial Guide for additional information. 8. Is the individual primarily responsible for fiscal and administrative oversight of grant awards familiar with the applicable grants management rules, principles, and regulations including the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 C.F.R. Part 200)? Provide a short list of the individual's qualifications/experience. If the individual is not familiar with the applicable rules and regulations, the applicant must contact OVW's Grants Financial Management Division at OVW.GFMD@usdoj.gov. or 1-888-514-8556 immediately after the applicant is notified of its award to coordinate training. 9. Does the applicant have policies and procedures in place to manage subawards and monitor activities of subrecipients as necessary to ensure that subawards are used for authorized purposes, in compliance with laws, regulations, and terms and conditions of the award, and that established subaward performance goals are achieved (2 C.F.R. §§ 200.331-200.333)? Provide a brief description of the organization's policies and procedures on subrecipient management and monitoring. 10. Does the applicant currently require employees to maintain time distribution records that accurately reflect the work performed on specific activities or cost objectives in order to support the distribution of employees' salaries among federal awards or other activities (2 C.F.R. § 200.430)? Budget estimates do not qualify as support for charges to federal awards. Provide a brief description of the organization's established timekeeping policies and procedures. 11. Is the applicant designated as high risk by a federal agency outside of DOJ? ("High risk" includes any status under which a federal awarding agency provides additional oversight due to the applicant entity's past performance, or other programmatic or financial concerns with the applicant entity.) If so, provide the names(s) of the federal awarding agency, the date(s) the agency notified the applicant entity of the high risk designation, contact information for the high risk point of contact at the federal agency, and the reason for the high risk status, as set out by the federal agency. Disclosure of Process Related to Executive Compensation An applicant that is a nonprofit organization may be required to make certain disclosures relating to the processes it uses to determine the compensation of its officers, directors, trustees, and key employees and must upload and attach a document with these disclosures to its application in JustGrants. Under certain circumstances, a nonprofit organization that provides unreasonably high compensation to certain persons may subject both the organization's managers and those who receive the compensation to additional federal taxes. A rebuttable presumption of the Page 30 of 47 O-OVW-2021-37003 reasonableness of a nonprofit organization's compensation arrangements, however, may be available if the nonprofit organization satisfies certain rules set out in Internal Revenue Service regulations with regard to its compensation decisions. Each applicant must state at the time of its application (in the Data Requested with Application section) whether the applicant is a nonprofit organization that uses the Internal Revenue Service's three -step safe -harbor procedure to establish a rebuttable presumption that its executives' compensation is reasonable. If the applicant states that it uses the safe - harbor procedure, then it must disclose, in an attachment to its application (to be titled "Disclosure of Process Related to Executive Compensation"), the process it uses to determine the compensation of its officers, directors, trustees, and key employees (together, "covered persons"). See 34 U.S.C. § 12291(b)(16)(13)(iii). At a minimum, the disclosure must describe in pertinent detail: (1) the composition of the body that reviews and approves compensation arrangements for covered persons; (2) the methods and practices used by the applicant nonprofit organization to ensure that no individual with a conflict of interest participates as a member of the body that reviews and approves a compensation arrangement for a covered person; (3) the appropriate data as to comparability of compensation that is obtained in advance and relied upon by the body that reviews and approves compensation arrangements for covered persons; and (4) the written or electronic records that the applicant maintains as concurrent documentation of the decisions with respect to compensation of covered persons made by the body that reviews and approves such compensation arrangements, including records of deliberations and of the basis for decisions. For a sample letter, see the OVW website. For purposes of the required disclosure, the following terms and phrases have the meanings set out by the Internal Revenue Service for use in connection with 26 C.F.R. § 53.4958-6: officers, directors, trustees, key employees, compensation, conflict of interest, appropriate data as to comparability, adequate documentation, and concurrent documentation. Following receipt of an appropriate request, OVW may be authorized or required by law to make information submitted to satisfy this requirement available for public inspection. Also, a recipient may be required to make a prompt supplemental disclosure after the award in certain circumstances (e.g., changes in the way the organization determines compensation). Data Requested with Application The Data Requested with Application should be uploaded as an attachment in JustGrants. The following responses must be included: Name, title, address, telephone number, and email address for the grant point -of - contact. This person must be an employee of the applicant. Page 31 of 47 O-OVW-2021-37003 2. Statement as to whether the applicant (the organization whose DUNS number is being used for the application) will serve as a fiscal agent. A fiscal agent is an entity that does not participate in implementation of the project and passes all funds through to subrecipients, conducting minimal administrative activities. A fiscal agent applicant must list these subrecipients and include a statement acknowledging that, should an award be made, the applicant will be responsible for all applicable statutory, fiscal, and programmatic requirements, including those of 2 C.F.R. Part 200, as well as all project deliverables. In such situations, the fiscal agent must be an eligible applicant for the program. 3. Statement as to whether the applicant has expended $750,000 in federal funds in the applicant's past fiscal year. If so, specify the end date of the applicant's fiscal year. 4. Statement as to whether the applicant is a nonprofit organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of that Code. 5. Statement as to whether the applicant is a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in section 511(a) of the Internal Revenue Code. 6. Statement as to whether the applicant is a nonprofit organization that uses the Internal Revenue Service's three -step safe -harbor procedure to establish a rebuttable presumption that its executives' compensation is reasonable. If the applicant is not a nonprofit organization or is a nonprofit that does not use the safe -harbor procedure, provide a statement to that effect. For additional information about the safe -harbor procedure, see "Disclosure of Process Related to Executive Compensation" in the Additional Required Information section of this solicitation. 7. Statement as to whether the applicant is a recipient, or partner/subrecipient, on a current grant or pending application for this grant program. If a current grant, provide the year of the award and the role of the applicant on the award (recipient or project partner). 8. Statement as to whether any proposed project partner/subrecipient is a recipient, or partner/subrecipient, on a current grant or pending application for this grant program. If a current grant, provide the year of the award and the role of the partner(s) on the award (recipient or project partner/subrecipient). 9. Statement as to whether the application addresses the "reduce violent crime against women and promote victim safety..." priority area through activities under purpose areas: 3, 6, 8, 10, 11, 14, 17, 18, 19, and/or 22. 10. If applicable, provide a statement as to whether the continuation application proposes to implement purpose area 22 for the first time. 11. List the purpose area(s), identified by number that the application addresses. 12. The name of the lead applicant and type of applicant (state, Indian tribal government, state or local court, unit of local government, coalition or victim service provider). 1. For government applicants, the name of the required nonprofit, nongovernmental, or tribal domestic violence or sexual assault victim service provider partnering on the project. 2. For coalition and victim service provider applicants, the name of the required Page 32 of 47 O-OVW-2021-37003 government (state, Indian tribal government, or unit of local government) entity partnering on the project. 13. If applicable, list the statutory priority(ies) the project plans to address as referenced in the Statutory Priority section. 14. The project's focus (local, tribal, multi jurisdiction [10 or more counties], statewide, regional [multiple states], or court) and geographic area(s) where the project will be implemented. 15. The start and end date of the applicant's next state or tribal legislative session. 16. For state and unit of local government applicants only: Statement as to whether the applicant is in compliance with the HIV Certification requirement. 17, Map of the project's service area and population size. The population size must be from the U.S. Census or other appropriate government data source. 18. List the number funding cycles and the corresponding fiscal years of ICJR funding received by the lead applicant, as a lead applicant and project partner. 19. The percentage of grant activities, should the application be funded, that will address each of the following issues (the total percentages should not exceed 100%): • Domestic Violence. • Stalking. • Sexual Assault. • Dating Violence. Certification of Eligibility Applicants must upload and attach in JustGrants the required certification letter, as described in the Eligibility Information section of this solicitation, corresponding to the type of entity applying as the lead applicant for the proposed project. Memoranda of Understanding (MOUs) and Other Supportive Documents For purposes of this solicitation, the MOU is a document containing the terms of the partnership and the roles and responsibilities between two or more parties, and it must be included as an attachment to the application in JustGrants. The MOU is worth a total of 15 points. The MOU is not a substitute for a subaward agreement, which ensures that subrecipients adhere to the requirements of the award and 2 C.F.R. Part 200 (see 2 C.F.R. § 200.332). Partners receiving funds under the award generally are considered subrecipients Page 33 of 47 O-OVW-2021-37003 because they are carrying out a portion of the federal award. The MOU must be a single document and must be signed and dated by the Authorized Representative of each proposed partner organization during the development of the application. OVW will accept electronic signatures. Applications will not be removed from consideration for a deficient MOU. If the MOU is determined to be deficient, a special condition will be placed on the award to ensure a compliant MOU is submitted for OVW review and approval before funds can be accessed. If necessary, an MOU can include multiple signature pages so long as each page includes the names and titles of all signatories to the MOU. A sample MOU is available on the OVW website. Note: Victim Service Providers must include both a state, unit of local government or tribe, and any other governmental organizations that are necessary for the implementation of the proposed project. For example, if a victim service provider is doing a law enforcement focused project, the MOU should include the police department and the unit of local government or tribe. The MOU must be developed at the time of the proposal for the purposes for this grant application. The MOU must clearly: 1. Identify the partners and provide a brief history of the collaborative relationship among those partners, including when and under what circumstances the relationship began and when each partner entered into the relationship. 2. Describe the roles and responsibilities each partner will assume to ensure the success of the proposed project and to achieve stated project goals. 3. State that each project partner has reviewed the budget, is aware of the total amount being requested, and is being fully compensated for their work under the grant or is agreeing to be partially compensated or receive no compensation from the grant. 4. Describe any proposed partnerships and the expected commitment of the proposed partners to work together to achieve stated project goals, if applicable. 5. Identify which project partners would receive funds if awarded and state that any partners identified in the budget are able to receive funds from the lead applicant. 6. Specify the extent of each partner's participation in developing the application. 7. Identify the people who will be responsible for developing and implementing project activities and describe how they will work together and with project staff. 8. Describe the resources each partner would contribute to the project, either through time, in -kind contributions, or grant funds (e.g., office space, project staff, and training). Letter of Commitment (LOC) If a court is unable to enter into an MOU, the court may submit an LOC in lieu of entering into Page 34 of 47 O-OVW-2021-37003 an MOU as described below. 1. If the court is the lead applicant and unable to enter into an MOU, all project partners should submit LOCs and no MOU is required. 2. If the court is a project partner and unable to enter into an MOU, the lead applicant must submit an MOU signed by the applicant and any other non -court partners and an LOC signed by the court partner. Note: LOCs submitted in lieu of an MOU under circumstances other than those defined above will not be accepted. The LOC must: 1. Be printed on official letterhead signed by the appropriate official. 2. Clearly identify the name of the organization and provide a brief description of the collaborative relationship with the applicant. 3. Highlight the expertise of the individual or organization's staff who will be affiliated with this project. 4. Clearly state the roles and responsibilities the organization would assume to ensure the success of the proposed project. 5. Demonstrate a commitment to work with the applicant and its partners to achieve the stated project goals. 6. Clearly state that the organization has reviewed the budget and is aware of the total amount being requested and the funding being requested for each project partner. 7. Specify the extent of the agency or organization's participation in developing the application. 8. State how the court is precluded from entering into an MOU. 9. Describe the resources that would be contributed to the project, either through time, in kind contributions, or grant funds (e.g., office space, project staff, and training). Additional Application Components The following components will not be scored but must be included with the application. Failure to supply this information may result in the application being removed from consideration. Some components will be generated during the application submission process while others will be uploaded and attached to the application in JustGrants. Letters of Nonsupplanting Applicants must attach a letter to OVW's Director, signed by the Authorized Representative, certifying that federal funds will not be used to supplant non-federal funds should a grant award be made. A sample letter is available on the OVW website. Page 35 of 47 O-OVW-2021-37003 As noted under Eligible Applicants, an entity that is eligible for this program based on its status as a nonprofit organization must be an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of the Code. All such applicants are required to attach a determination letter from the Internal Revenue Service recognizing their tax-exempt status. OVW cannot make an award to any nonprofit organization that does not submit a 501(c)(3) determination letter from the Internal Revenue Service. Confidentiality Notice Form All applicants are required to acknowledge that they have received notice that grantees and subgrantees must comply with the confidentiality and privacy requirements of VAWA, as amended. Applicants must upload and attach, under Additional Attachments in JustGrants, the completed acknowledgement form available on the OVW website. This form must be signed by the Authorized Representative. Disclosures and Assurances Review, complete, and submit all disclosures, assurances, and certifications as described below. Disclosure of Lobbying Activities All applicants must complete and submit the Disclosure of Lobbying Activities (SF-LLL) form in Grants.gov before beginning the application process in JustGrants. DOJ Certified Standard Assurances Applicants must read and acknowledge the DOJ Certified Standard Assurances in JustGrants. Applicant Disclosure of Duplication in Cost Items Applicants must disclose all current and recent OVW awards (if applicable). If the applicant has a current grant or cooperative agreement under any OVW grant program or an award that has been closed within the last 12 months from the date this solicitation closes, the information must be provided in a table using the sample format found on the OVW website. The applicant must also provide the same information regarding any current OVW awards, as well as any pending applications, on which the applicant is a subrecipient. Applicants also must disclose all other federal grant programs from which the applicant currently receives funding or for which it has applied for funding in FY 2021 to do similar Page 36 of 47 O-OVW-2021-37003 work. Provide this information in a table using the sample format found on the OVW website. Both tables, if applicable, should be uploaded as attachments in JustGrants. DOJ Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug -Free Workplace Requirements Applicants must read and acknowledge these DOJ certifications in JustGrants. How to Apply Applications must be submitted electronically via Grants.gov and JustGrants. Applicants that are unable to submit electronically must follow the instructions below under OVW Policy on Late Submissions. See Submission Dates and Times below for a list of steps for registering with all required systems and deadlines for completing each step. Unique Entity Identifier and System for Award Management (SAM) Federal regulations require that an applicant for federal funding: (1) be registered in SAM before submitting its application; (2) provide a valid unique entity identifier in its application; and (3) continue to maintain an active SAM registration with current information at all times during which it has an active federal award or an application or plan under consideration by a federal awarding agency. In addition, OVW may not make an award to an applicant until the applicant has complied with all applicable unique entity identifier and SAM requirements and, if an applicant has not fully complied with these requirements by the time OVW is ready to make an award, then OVW may determine that the applicant is not qualified to receive an award. See 2 C.F.R. §§ 25.200, 25.205. The unique entity identifier that applicants for federal grants and cooperative agreements are required to have is a Data Universal Number System (DUNS) number. A DUNS number is a unique, nine -character identification number provided by the commercial company Dun & Bradstreet (D&B). Once an applicant has applied for a DUNS number through D&B, its DUNS number should be available within two business days. SAM centralizes information about grant recipients and also provides a central location for grant recipients to change organizational information. Grants.gov uses SAM to establish roles and IDs for electronic submission of grant applications. If the applicant already has an Employer Identification Number (EIN), the SAM registration will take up to two weeks to process. If the applicant does not have an EIN, then the applicant should allow two to five weeks for obtaining an EIN from the Internal Revenue Service. There is no fee associated with these processes. These processes cannot be Page 37 of 47 O-OVW-2021-37003 expedited. OVW strongly discourages applicants from paying a third party to apply or register on their behalf in an attempt to expedite these processes. To ensure all applicants are able to apply by the deadline for this solicitation, applicants must have obtained a DUNS number and registered online with the SAM and with Grants.gov no later than March 16, 2021. Submission Dates and Time After applicants obtain their DUNS number and register with SAM, they can begin the Grants.gov registration process. The applying organization must complete the Grants.gov registration process prior to beginning an application for a federal grant. The E-Business Point of Contact (E-Biz POC) must register the applicant organization with Grants.gov. The E-Biz POC oversees the applicant's Grants.gov transactions and assigns the Authorized Organization Representative (AOR). The AOR submits the SF-424 and SF-LLL to Grants.gov and must register with Grants.gov as well. In some cases the E-Biz POC is also the AOR for the applicant. Complete instructions can be found on the Grants.gov website. In JustGrants, each applying entity will have an assigned Entity Administrator who is responsible for managing entity -level information and assigning roles in the system. The Entity Administrator is also the E-Biz POC designated in SAM.gov. See the JustGrants website for more information on registering with JustGrants. It is the applicant's responsibility to ensure that the application is complete and submitted by the deadline. Failure to meet the submission deadline will result in an application not being considered for funding. Applicants should refer to the list below to ensure that all required steps and deadlines are met. Failure to begin registration or application submission by the deadlines stated in the list below is not an acceptable reason for late submission. Applicant Actions with Required Dates/Deadlines 1. Obtain a DUNS number by March 16, 2021. Apply for a DUNS number at https://www.dnb.com or call 1-866-705-5711. 2. Register with SAM by March 16, 2021. Access the SAM online registration through the SAM homepage and follow the online instructions for new SAM users. Organizations must update or renew their SAM registration at least once a year to maintain an active status. 3. Register with Grants.gov by March 16, 2021. Once the SAM registration is active, the applicant will be able to complete the Grants.gov registration. 4. Submit Letter of Intent by March 16, 2021 to the ICJR Program, OVW.ICJR@usdoj.gov, 202-353-5498. 5. If necessary, request hardcopy submission by March 24, 2021. Applicants that cannot submit an application electronically due to lack of internet access must contact the program at 202-535-5498 or OVW.ICJR@usdoj.gov to request permission to submit a hardcopy application. Page 38 of 47 O-OVW-2021-37003 6. Download updated version of Adobe Acrobat at least 48 hours before the Grants.gov deadline. Applicants are responsible for ensuring that the most up-to-date version of Adobe Acrobat is installed on all computers that may be used to download the solicitation and to submit the SF-424 and SF-LLL on Grants.gov. Go to the Adobe Software Compatibility page to verify that the Adobe software version is compatible with Grants.gov. 7. Submit the SF-424 and SF-LLL in Grants.gov as early as possible, but no later than 24 — 48 hours prior to the Grants.gov deadline. Applicants may find this funding opportunity on Grants.gov by using the CFDA number, Grants.gov opportunity number, or the title of this solicitation, all of which can be found on the cover page. Applicants will receive two notices from Grants.gov, one confirming receipt and another stating whether the forms were validated and successfully submitted or rejected due to errors. Submitting the SF-424 and SF-LLL well ahead of the Grants.gov deadline provides time to correct any rejections. 8. Register the Entity Administrator and the Application Submitter with JustGrants as early as possible but no later than 48-72 hours before the JustGrants deadline. Within 24 hours of JustGrants receiving the SF-424 and SF-LLL from Grants.gov, the applicant will receive an email from DIAMD-NoReplly@usdoj.gov with instructions on how to create a JustGrants account. Once registered in JustGrants, the Application Submitter will receive an emailed link to complete the rest of the application in JustGrants. The Entity Administrator also will need to log into JustGrants to review and invite the applicant's Authorized Representative(s) before an application can be submitted. More information on JustGrants roles is available on the JustGrants website. 9. Submit the complete application package at least 24 — 48 hours prior to the JustGrants deadline. Some of the application components will be entered directly into JustGrants, and others will require uploading attached documents. Therefore, applicants will need to allow ample time before the JustGrants deadline to prepare each component. Applicants may save their progress in the system and revise the application as needed prior to hitting the Submit button at the end of the application in JustGrants. The Application Submitter, Entity Administrator, and Authorized Representatives) will receive an email from JustGrants confirming submission of the application. 10. Confirm application receipt: Applicants should closely monitor their email and JustGrants accounts for any notifications from Grants.gov or JustGrants about a possible failed submission. The user who is authorized to submit applications on behalf of the organization is the one who will receive these notifications. OVW does not send out these notifications, nor does OVW receive a copy of these notifications. It is the applicant's responsibility to notify OVW of any problems with the application submission process. Submitting the application components at least 48 hours before each deadline (Grants.gov or JustGrants, as applicable) will enable the applicant to receive notice of a failed submission and provide an opportunity to correct the error before the applicable deadline. OVW Policy on Late Submissions/Other Submission Requirements Applications submitted after 11:59 p.m. E.T. on March 31, 2021 will not be considered for Page 39 of 47 0-OVW-2021-37003 funding, unless the applicant receives OVW permission to submit a late application. In limited circumstances, OVW will approve a request to submit an application after the deadline. The lists below provide a description of the circumstances under which OVW will consider such requests. Approval of a late submission request is not an indication of the application's final disposition. Applications approved for late submission are still subject to the review process and criteria described in this solicitation. To ensure fairness for all applicants, OVW requires that applicants requesting late submission adhere to the following: Experiencing Technical Difficulties Beyond the Applicant's Reasonable Control Issue with SAM, Grants.gov, or JustGrants Registration 1. Register and/or confirm existing registration at least three weeks prior to the application deadline to ensure that the individual who will be submitting the application has SAM, Grants.gov, and JustGrants access and is the person registered to submit on behalf of the applicant. 2. Maintain documentation of when registration began, any issues related to registration, and all communication with technical support. (Vote: Failure to begin the SAM, Grants.gov, or JustGrants registration process in sufficient time (i.e., by the date identified in this solicitation) is not an acceptable reason for late submission. Unforeseeable Technical Difficulties During the Submission Process 1. Contact Grants.gov or JustGrants, as applicable, for Applicant/User Support at least 24 hours prior to the applicable deadline. 2. Maintain documentation of all communication with Grants.gov or JustGrants Applicant/User Support. 3. Prior to the applicable deadline, contact this program, via email at OVW.ICJR@usdol.gov indicating that the applicant is experiencing technical difficulties and would like permission to submit a late application. The email must include the following: a) a detailed description of the difficulty that the applicant is experiencing, b) the contact information (name, telephone, and email) for the individual making the late submission request, and c) in the case of JustGrants technical difficulties, the complete application packet (Proposal Narrative, Budget and Budget Narrative, MOU, and Certification of Eligibility Letter. 4. Within 24 hours after the applicable deadline, the applicant must email this program at OVW.ICJR@usdom.gov the following information: a) applicant's DUNS number, b) Grants.gov or JustGrants Applicant/User Support tracking numbers, and c) other relevant documentation. Common foreseeable technical difficulties for which OVW will not approve a late Page 40 of 47 O-OVW-2021-37003 submission: (1) Using an outdated version of Adobe Acrobat; and (2) Attachment rejection (Grants.gov will reject attachments with names that contain certain unallowable characters). Note: Through Grants.gov or JustGrants, OVW can confirm when submission began. Applicants that attempt final submission less than 24 hours before the deadline will not be considered for late submission. By beginning the final submission process 24-48 hours before the deadline, applicants should have sufficient time to receive notice of problems with their submissions and make necessary corrections. Severe Inclement Weather or Natural or Man -Made Disaster 1. Contact this program at OVW,ICJR@usdoj,gov as soon as the applicant is aware of severe weather or a natural or man-made disaster that may impede the submission of an application by the deadline. The email should include a detailed description of the weather event or natural or man-made disaster. A detailed description includes when the event occurred, or is likely to occur, the impacted area, and the specific impact on the applicant and/or partners' ability to submit the application by the deadline (e.g., without power for'Y' days, office closed for'Y' days). If the application is complete and ready for the submission at the time the applicant notifies OVW, the application should be included with the email 2. Applicants impacted by severe weather or a natural or man-made disaster occurring on the deadline must contact OVW within 48 hours after the due date or as soon as communications are restored. Note: OVW may not be able to accommodate all requests resulting from severe inclement weather or a natural or man-made disaster. OVW will review the request for late submission and required documents and notify the applicant whether the request has been approved or denied within 30 days of the submitted request. Application Review Information Review Criteria Applications will be scored based on the degree to which the application responds to each section and addresses each element in the section. Furthermore, applications will be scored based upon the quality of the response, capacity of the applicant and any partners, and the level of detail provided. Each element must be addressed in the section in which it is requested. Points may be deducted if the applicant does not include the information in the appropriate section regardless if it is included elsewhere within the application. Each section will be reviewed as a separate document and will be scored as such. Specifically, for the ICJR Program, scoring will be as follows: 1. Data Requested with Application: (5) points Page 41 of 47 O-OVW-2021-37003 2. Proposal narrative (65) points, of which: A. Purpose of the proposal: (10) points B. What will be done: (40) points C. Who will implement the proposal: (15) points 3. Budget worksheet and budget narrative: (15) points 4. MOU/LOC: (15) points Voluntary match or other cost sharing methods will not be considered in the evaluation of the application. Review and Selection Process Applications will be subject to a peer review and a programmatic review. Peer Review OVW will subject all eligible, complete, and timely applications to a peer review process that is based on the criteria outlined in this solicitation. OVW may use internal reviewers, external reviewers, or a combination of both. Programmatic Review All applications that are considered for funding will be subject to a programmatic review. The programmatic review consists of assessing the application for compliance with the program's scope, activities that compromise victim safety, and, if applicable, past performance and priority area review. OVW reserves the right to add up to 5 points to continuation applications fully addressing OVW priority areas to "reduce violent crime against women and promote victim safety through investing in law enforcement and increasing prosecution." OVW reserves the right to add 10 points to all new applications. OVW reserves the right to add 1 point to applications submitted by states, Indian tribal governments, state and local courts (including juvenile courts), and units of local government addressing one or more of the statutory priority(ies). OVW reserves the to deduct points from applications for the following reasons: 1. Activities that compromise victim safety and recovery and undermine offender accountability (deduct up to 10 points). 2. Out -of -scope and unallowable activities (deduct up to 25 points). 3. Past performance (deduct up to 25 points). 4. Formatting and Technical Requirements (deduct up to 5 points). An application that is deemed to be substantially out -of -scope, proposes a substantial number of activities that are unallowable, or proposes activities that pose a significant threat to victim safety or a serious breach of confidentiality will not be considered for funding. An applicant with considerable past performance issues may receive a deduction in points as described above or be removed from consideration entirely regardless of the application's peer review score. Page 42 of 47 O-OVW-2021-37003 As a part of the programmatic review process described above, applicants with current or recently closed OVW awards will be reviewed for past performance and risk based on the elements listed below. 1. Demonstrated effectiveness of the current project indicated by timely progress toward meeting project goals and objectives. 2. Demonstration that past activities supported with OVW grant funds have been limited to program purpose areas. 3. Adherence to all special conditions of existing grant award(s) from OVW. 4. Adherence to programmatic and financial reporting requirements, including timely submission of required reports. 5. Completion of close-out of prior awards in a timely manner. 6. Appropriate use of and active participation in OVW-sponsored workshops and other technical assistance events as required by a special condition of the current or recent award. 7. Receipt of financial clearances on all current or recent grants from OVW. 8. Timely resolution of issues identified in any audit or on -site financial or programmatic monitoring visit. 9. Adherence to the Office of Management and Budget single -audit requirement. 10. Timely expenditure of grant funds. 11.Adherence to the requirements of the DOJ Financial Guide. Prior to making an award, OVW is required to review and consider any information about applicants included in the designated integrity and performance system accessible through SAM (currently the Federal Award Performance and Integrity Information System or FAPIIS). Applicants may review and comment on information in FAPIIS about themselves that another federal awarding agency has previously entered. OVW will consider the applicant's comments as well as other information available in FAPIIS in making its judgment about the risk posed by making an award to the applicant as described in 2 C.F.R. § 200.206. Absent explicit statutory authorization or written delegation of authority to the contrary, all final award decisions will be made by the OVW Director, who also may give consideration to factors including, but not limited to, reaching underserved populations, geographic diversity, OVW priorities, past performance, and available funding when making awards. All award decisions are final and not subject to appeal. High -Risk Grantees Based on DOJ's assessment of each grantee with regard to current or previous funding, unresolved audit issues, delinquent programmatic and fiscal reporting, and prior performance, a grantee may be designated "high -risk." Awards to high -risk grantees may carry special conditions such as increased monitoring and/or prohibitions on drawing down funds until certain requirements are met. High -risk grantees with substantial or persistent performance or compliance issues, long-standing open audits, or open criminal investigations may not be considered for fundinq. Page 43 of 47 O-OVW-2021-37003 Anticipated Announcement and Federal Award Dates It is anticipated that all applicants will be notified of the outcome of their applications by October 1, 2021. Federal Award Administration Information Federal Award Notices Successful applicants will receive OVW award notifications electronically from JustGrants (not Grants.gov). This award notification will include instructions on enrolling in Automated Standard Application for Payments (ASAP) and accepting the award. Recipients will be required to log into JustGrants to review, sign, and accept the award. The Authorized Representative must acknowledge having read and understood all sections of the award instrument and submit the required declaration and certification to accept the award; these steps will be completed electronically in JustGrants. Administrative, National Policy, and Other Legal Requirements Information for All Federal Award Recipients Applicants selected for awards must agree to comply with additional legal, administrative, and national policy requirements. OVW strongly encourages applicants to review the information pertaining to these additional requirements prior to submitting an application. This information can be found in the section of the Solicitation Companion Guide entitled "Post -Award Requirements for All Federal Award Recipients." Terms and conditions for OVW awards are available on the OVW website. These terms are subject to change prior to the issuance of the awards. Violence Against Women Act Non -Discrimination Provision The Violence Against Women Reauthorization Act prohibits OVW grantees from excluding, denying benefits to, or discriminating against any person on the basis of actual or perceived race, color, religion, national origin, sex, gender identity, sexual orientation, or disability in any program or activity funded in whole or in part by OVW. Recipients may provide sex - segregated or sex -specific programming if doing so is necessary for the essential operation of a program, so long as the recipient provides comparable services to those who cannot be provided with the sex -segregated or sex -specific programming. Additional information on the civil rights obligations of OVW funding recipients can be found in the Solicitation Companion Guide under "Civil Rights Compliance." Accessibility Recipients of OVW funds must comply with applicable federal civil rights laws, which, among Page 44 of 47 O-OVW-2021-37003 other things, prohibit discrimination on the basis of disability and national origin. Compliance with these laws includes taking reasonable steps to ensure that persons with limited English proficiency have meaningful access to recipients' programs and activities and that these programs and activities are readily accessible to individuals with disabilities. More information on these obligations is available in the Solicitation Companion Guide under "Civil Rights Compliance." General Information about Post -Federal Award Reporting Requirements OVW grantees are required to submit semi-annual progress reports and quarterly Federal Financial Reports (SF-425). Appropriate progress report forms will be provided to all applicants selected for an award. Forms will be submitted electronically. Future awards and fund drawdowns may be withheld if reports are delinquent. For more information on post award reporting requirements, including requirements for certain recipients to report information on civil, criminal, and administrative proceedings in FAPIIS, see the Solicitation Companion Guide and the award condition on recipient integrity and performance matters available on the OVW website. Federal Awarding Agency Contact(s) For assistance with the requirements of this solicitation, contact the following: for programmatic questions, contact this program at 202-353-5498 or OVW.ICJR@usd6.gov, for financial questions, contact 888-514-8556 or OVW.GFMD@usdoj.gov, and for technical questions, contact Grants.gov Applicant Support at 800-518-4726 or support@grants.gov or OVW JustGrants Support at 1-866-655-4482 or OVW.JustGrantsSupport@usdoi.gov. Other Information Public Reporting Burden- Paper Work Reduction Act Notice Under the Paperwork Reduction Act, a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. OVW tries to create forms and instructions that are accurate, can be easily understood, and impose the least possible burden on applicants. The estimated average time to complete and file this form is 30 hours. Comments regarding the accuracy of this estimate or suggestions for simplifying this form can be submitted to the Office on Violence Against Women, U.S. Department of Justice, 145 N Street, NE, Washington, DC 20530. Page 45 of 47 O-OVW-2021-37003 Note: Any materials submitted as part of an application may be released pursuant to a request under the Freedom of Information Act. Application Checklist Applicants must submit a fully executed application to OVW, including all required supporting documentation. Prior to peer review, OVW will not contact applicants for missing items. Additionally, if an applicant plans to submit an application under any other OVW grant program this fiscal year, it is the applicant's responsibility to ensure that only documents pertinent to this solicitation are included with this application. OVW will not redirect documents that are inadvertently submitted with the wrong application (e.g., a Rural Program letter submitted with a Transitional Housing Program application will not be transferred to the Rural application). Page 46 of 47 O-OVW-2021-37003 Application Document Completed Letter of Intent. Data Requested with Application. Proposal Narrative . Purpose of Proposal . What Will Be Done . Who Will Implement the Proposal :Proposal Abstract Budget Worksheet and Budget Narrative. Memoranda of Understanding/Letter of Commitment. Application for Federal Assistance: SF-424. Disclosure of Lobbying Activities (SF-LLL). Applicant Financial Capability Questionnaire (if applicable) Confidentiality Notice Form. Disclosure of Process Related to Executive Compensation (if applicable). Pre -Award Risk Assessment. Indirect Cost Rate Agreement (if applicable). Letter of Nonsupplanting. Proof of 501(c)(3) Status (Nonprofit Organizations Only). Applicant Disclosure of Duplication in Cost Items. Certification of Eligibility Letter. HIV Certification, HIV Assurance, or HIV Exemption Letter (States and Units of Local Government Only). Service Area Map with Population Size. Page 47 of 47 O-OVW-2021-37003 �01 E s C io 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 BOCC Wednesday Meeting of March 10, 2021 DATE: March 4, 2021 FROM: Kyle Collins, Community Development, 541-383-4427 TITLE OF AGENDA ITEM: PUBLIC HEARING: the Applicants Request a Property Line Adjustment and a Tentative Plan Approval to Establish a 10-Lot Subdivision in the UAR10 Zone at 19800 Pacific Heights Road The Deschutes County Board of Commissioners ("Board") will reconsider the decision of a series of property line adjustments and a tentative plan approval for a 10-lot subdivision in the Urban Area Reserve Zone (UAR10) at 19800 Pacific Heights Road, Bend. Pursuant to Board Order 2021-008, the public and all parties involved will be afforded an opportunity to present oral testimony at the public hearing, but no new evidence (written or oral) may be presented into the record for the Board to reconsider. A portion of the full record was presented to the Board on November 9, 2020 during the initial public hearing for an appeal of a Hearings Officer's decision on this application. These record items were presented to the Board as attachments to the November 2, 2020 staff memorandum. The record presented to the Board on November 9, 2020 erroneously excluded four items originally presented to the Deschutes County Hearings Officer on July 7, 2020. All materials submitted during the public hearing and open record period were presented to the Board on December 9 and December 16, 2020 in preparation for deliberations held on December 16, 2020. Only those record items that have not been presented to the Board previously are attached to this memo. As described above, the attached record includes four items originally submitted during the open record period for the Hearings Officer proceedings, but were excluded from the Board's record materials. MEMORANDUM TO: Board of County Commissioners FROM: Kyle Collins, Associate Planner DATE: March 4, 2021 RE: Reconsideration of a Property Line Adjustment and Tentative Plan decision for a 10- lot subdivision in the Urban Area Reserve Zone (UAR10). File No. 247-21-000147-RC (related to File Nos. 247-19-000913-LL, 247-19-000914-TP, and 247-20-000580-A). 1. PURPOSE The Deschutes County Board of Commissioners ("Board") will reconsider the decision of a series of property line adjustments and a tentative plan approval for a 10-lot subdivision in the Urban Area Reserve Zone (UAR10) at 19800 Pacific Heights Road, Bend. Pursuant to Board Order 2021-008, the public and all parties involved will be afforded an opportunity to present oral testimony at the public hearing, but no new evidence (written or oral) may be presented into the record for the Board to reconsider. 11. RECORD A portion of the full record was presented to the Board on November 9, 2020 during the initial public hearing for an appeal of a Hearings Officer's decision on this application. These record items were presented to the Board as attachments to the November 2, 2020 staff memorandum. The record presented to the Board on November 9, 2020 erroneously excluded four items originally presented to the Deschutes County Hearings Officer on July 7, 2020. All materials submitted during the public hearing and open record period were presented to the Board on December 9 and December 16, 2020 in preparation for deliberations held on December 16, 2020. Only those record items that have not been presented to the Board previously are attached to this memo. As described above, the attached record includes four items originally submitted during the open record period for the Hearings Officer proceedings, but were excluded from the Board's record materials. Those four items are as follows: 1) A post hearing submission from Michael McGean, the legal counsel for opponents to the proposed development. This submission includes a general synopsis of items presented to the Hearings Officer during the public hearing itself. Those items address: - Preservation of natural features onsite, including the Deschutes River canyon rim, as it relates to the provisions of Deschutes County Code (DCC) 17.16.100. - The Covenants, Conditions, and Restrictions (CCRs) proposed by the Applicants to preserve natural features onsite. - Design review for any proposed development with the Oregon Parks and Recreation Department (OPRD), who manages the adjacent Tumalo State Park. - The design review standards for the Deschutes River Corridor as outlined in DCC 19.76.090. 2) A post hearing submission from Laura Cooper, the legal counsel for the Applicants. This submission includes a general synopsis of items presented to the Hearings Officer during the public hearing itself. Those items address: - A discussion of the private airstrip located on the subject property. The Applicants state this airstrip is no longer functioning and a Notice of Airport Deactivation submitted to the Federal Aviation Administration (FAA) has been included. - Bicycle access to surrounding state park lands and similar public amenities. - Road maintenance obligations for the existing portions of Pacific Heights Road which provides access to the subject property. - Access to adjacent land owned and operated by OPRD as an extension of Tumalo State Park. - Road access to neighboring Tax Lot 601, located to the south of the subject property, which is owned by the Elkins Family Revocable Trust. - Preservation of natural features onsite, such as rimrock areas associated with the Deschutes River canyon. 3) A post hearing submission from Liz Fancher, the legal counsel for the Elkins Family Revocable Trust, owners of neighboring properties to the south of the subject parcel. This submission includes a general synopsis of items presented to the Hearings Officer during the public hearing itself. Those items address: - Road maintenance obligations for the existing portions of Pacific Heights Road which provides access to the subject property, as well as future road maintenance obligations for the proposed extension of Pacific Heights Road. - Road access to neighboring Tax Lot 601, located to the south of the subject property, which is owned by the Elkins Family Revocable Trust. - A correction to a letter originally submitted to County staff on June 30, 2020. 247-21-000147-RC (related to file nos. 247-19-000913-LL, 247-19-000914-TP, and 247-20-000580-A) 4) A submission from Bridget Tinsley, the Program Coordinator for the Central and Eastern Oregon Scenic Waterways for OPRD. This submission includes an OPRD approval for Carol Ann and Scott Smallwood to construct infrastructure for the initial development of a 1 Not subresidential home within the Middle Deschutes Scenic Waterway. The OPRD approval outlines conditions associated with the development on infrastructure onsite (roads, utilities, etc.), including a condition that all development on separate lots is subject to individual Oregon State Scenic Waterway Notification of Intent applications with OPRD. A binder containing copies of all materials in the record, including the four items initially excluded and discussed above, has also been prepared for the Board. It is located in the Board office so that it is accessible at any time. III. DECISION, NOTCE, AND TIMELINE The applications for file nos. 247-19-000913-LL and 247-19-000914-TP were submitted on December 30, 2019. The applications were deemed incomplete and an incomplete letter was sent on January 29, 2020. The Applicants provided additional information and the applications were subsequently deemed complete on March 3, 2020. On March 30, 2020, the Applicants submitted a written request to extend the land use review clock by 90 days. Subsequently, Deschutes County Hearings Officer Will Van Vactor issued a final decision approving the development proposal on August 14, 2020. Staff notes that a corrected Hearings Officer decision was mailed on August 17, 2020 to account for a scrivener's error on the initial mailed decision, which incorrectly stated that the final decision was rendered on July 13, 2020. Staff finds that no parties have formally objected to the corrected mailing date at this time, and the final appeal period for the Hearings Officer decision closed on August 26, 2020. Subsequently, Scott and Carol Ann Smallwood, the applicants for the initial proposal, submitted a Notice of Appeal for the Hearings Officer's decision on August 26, 2020, before the close of the appeal period (file no. 247-20-000580-A). Additionally, on August 28, 2020 and September 9, 2020 respectively, the Applicants submitted written requests to extend the land use review clock by an additional 61 days. The Board conducted a public hearing on November 9, 2020, and deliberated on December 9 and December 16, 2020. Subsequently, on December 16, 2020, the Applicants submitted a written request to extend the land use review clock by an additional 30 days. After the open record period, the Board deliberated on this matter on December 9 and December 16, 2020. The Board voted 2-1 (Commissioners DeBone and Adair in favor, former Commissioner Henderson opposed) to uphold the Hearings Officer's Decision of approval for two property line adjustments and to establish a 10- lot residential subdivision on the subject property, zoned UAR10 and located between the Deschutes River and Pacific Heights Road northwest of the Bend Urban Growth Boundary (247-19- 000913-LL, 247-19-000914-TP). The Board's decision was mailed to all parties on January 25, 2021. 247-21-000147-RC (related to file nos. 247-19-000913-LL, 247-19-000914-TP, and 247-20-000580-A) Subsequently, the Deschutes County received a Notice of Intent to Appeal the local decision to the Land Use Board of Appeals (LUBA) on February 9, 2021. As part of the record preparation for the LUBA appeal, County staff became aware that four documents were erroneously excluded from the Board's record. To resolve these procedural issues, on February 16, 2021, County staff filed a Notice of Withdrawal pursuant to ORS 197.830(13)(b) and OAR 661-010-0021(1) halting the LUBA appeal and allowing the Board to reconsider its previous decision. The reconsideration is catalogued under Deschutes County file no. 247-21-000147-RC. The Notice of Public Hearing for reconsideration of the Board decision was mailed to all parties on March 1, 2021 for the public hearing on March 10, 2021. The Board has 90 days upon filing the Notice of Withdrawal to re -issue the same decision or to render a new decision.' The final day the Board must render a final decision is May 17, 2021. IV. OBJECTION SUMMARY The following section outlines the primary objections and relevant issued raised during the initial public hearing proceedings before the Board. Issue 1 - Governing, Policies: Staff points out the following language from DCC 19.04 and DCC 19.76, which concern the provisions of Title 19 areas and the purpose of the Site Plan Review as defined in Title 19: DCC 19.04.010: "DCC Title 19 shall be known as the "Zoning Ordinance" of the Bend Urban Area and of the land withdrawn from the City of Bend by the County by City Resolution 2459." DCC 19.76.010: "The purpose of site plan review is to ensure compliance with the objectives of DCC Title 19 and the Comprehensive Plan where development may cause a conflict between uses in the same or adjoining zones by creating unsightly, unhealthful or unsafe conditions and thereby adversely affecting the public health, safety and general welfare. The purpose shall also be to avoid creating undue burdens on public facilities and services. In considering a site plan, the Planning Director or Hearings Body shall take into account the impact of the proposed development on 1 OAR 661-010-0021(1) provides: "if a local government or state agency, pursuant to ORS 197.830(13)(b), withdraws a decision for the purposes of reconsideration, it shall file a notice of withdrawal with the Board on or before the date the record is due or, on appeal of a decision under 197.610 to 197.625, the local government shall file a notice of withdrawal prior to the filing of the respondent's brief. A copy of the decision on reconsideration shall be filed with the Board within 90 days after the filing of the notice of withdrawal or within such other time as the Board may allow." 247-21-000147-RC (related to file nos. 247-19-000913-LL, 247-19-000914-TP, and 247-20-000580-A) nearby properties, on the capacity of the street system, on land values and development potential of the area and on the appearance of the street and community." DCC 19.76.090: "it is the purpose of the Deschutes River Corridor Design Review to ensure compliance with the objectives of DCC Title 19 and the goals and policies relating to the Deschutes River in the Bend Area General Plan." Staff Comments: Staff references the following language from the Deschutes County Comprehensive Plan that applies specifically to the subject property: "Bend Urban Area Reserve: To define lands outside of Bend's Urban Growth Boundary that were under the jurisdiction of the Bend Area General Plan." These areas were removed from the Bend General Plan in September 2016 through the 2016 amendment to the Bend Urban Growth Boundary. These areas are now under the jurisdiction of the County's Comprehensive Plan. Staff notes that the Deschutes County Comprehensive Plan does not contain specific governing policies or goals related to the Bend Urban Area Reserve Zone. Additionally, the Bend Area General Plan no longer governs the property, as these lands were included in the County's jurisdiction pursuant to City of Bend Resolution 2459. It is unclear what the objectives for these lands, including the subject property, should entail. Specifically, as the Deschutes River Corridor Design Review process references "the goals and policies relating to the Deschutes River in the Bend Area General Plan," it is ambiguous what goals or policies should apply to the process at this time, given that the property is no longer under the jurisdiction of the Bend Area General Plan. The only guiding documentation in DCC 19.12.010 which describes the purpose of the Urban Area Reserve (UAR10) Zone, which includes the subject parcel, states the following: 'To serve as a holding category and to provide opportunity for tax differentials as urban growth takes place elsewhere in the planning area, and to be preserved as long as possible as useful open space until needed for orderly growth." At this juncture, there are no County Comprehensive Plan goals or policies that apply to the subject property as it relates to the Site Plan Review Standards of DCC 19.76. Staff requests that should the Board find that the Deschutes River Corridor Design Review applies to the subject property, particularly for areas outside the 100-foot ordinary high water setback, that they also provide additional detail and direction concerning the governing policies that should direct that review process. 247-21-000147-RC (related to file nos. 247-19-000913-LL, 247-19-000914-TP, and 247-20-000580-A) Issue 2 Should the Deschutes River Corridor Design Review, as identified in DCC 19.76.090 apply to the subject development? Hearings Officer Finding: DCC 19.04 defines "Deschutes River Corridor" as "all property within 100 feet of the ordinary high water mark of the Deschutes River. The ordinary high water mark shall be as defined in DCC 19.04.040." It was initially unclear to the Deschutes County Hearings Officer whether only land within 100 feet of the ordinary highwater mark is subject to design review, or whether property that is at least partially within 100 feet of the ordinary high water mark is subject to design review, even for improvements that are more than 100 feet outside the high water mark. The Hearings Officer ultimately found that the code drafters' intent can be discerned by reading the whole of DCC 19.76.090. Subsection (D) imposes minimum standards on development subject to design review in the Deschutes River Corridor, including minimum setbacks. The minimum setback for buildings in the Corridor is 100 feet from the ordinary high water mark (DCC 19.76.090(D)(1)). The Hearings Officer found that if the design review only applies to land within 100 feet of the ordinary high water mark, but development is prohibited within 100 feet of high water mark by the setback, the remaining development standards would be pointless since all development would fall outside the Corridor as a result of the setback. In other words, the building height, conservation, compatibility, and colors and materials provisions would never be implicated since no development would occur within 100 feet of the high water marker pursuant to the setback. With that interpretation in mind, the Hearings Officer found that any "new development, structures, additions and exterior alterations to structures, including outside storage and off-street parking lots" which are proposed on a lot that falls at least partially within 100 feet of the ordinary high water mark is subject to the design review process. To ensure compliance for future development within the subdivision, the Hearings Officer adopted the following condition of approval. Future Development: Future development on lots 3, 4, 5, 6, 7, and 8 of the proposed subdivision shall be subject to Site Plan review pursuant to DCC 19.76.090. Opponent Comments: Michael McGean, a representative of property owners in the surrounding area (Danielle and Sanders Nye) believes that the original Hearings Officer decision is correct and should be upheld by the Board. The opponents argue that the Deschutes River Corridor Design Review should be read in the context of DCC 19.76.090, which states that the purpose of the review is to ensure compliance with policies relating to the Deschutes River, and to "Maintain the scenic quality of the canyon and rimrock areas of the Deschutes River," among other factors. The opponents contend that allowing the applicant to define where the river corridor and rimrock is and then assert that no construction will occur within it to avoid any site plan review does not comply with the broad policies of the ordinance. Applicant Comments: The Applicants' contest the interpretation of DCC 19.76.090 made above by the Hearings Officer. The Applicants' argue that the Hearings Officer's interpretation above is not justified by the plain language of the code. Instead, the Applicants claim the Hearings Officer 247-21-000147-RC (related to file nos. 247-19-000913-LL, 247-19-000914-TP, and 247-20-000580-A) redrafts the code to require such design review if any portion of a lot to be developed is within the Deschutes River Corridor, regardless of how big the lot is, regardless of how far it extends away from the River, and regardless of how far away the proposed development is to occur. Additionally, the Applicants contend that the Hearings Officer's justification for the interpretation above is mistaken for the following reasons: The design review process still applies in two situations: 1) When an applicant can justify constructing improvements closer to the River than 100 feet; and 2) When a parcel is within the Deschutes River Corridor, but not within the land that is subject to the 100 foot setback, as specified in DCC 19.76.090(D)(1)(a) and (b) Specifically, the Applicants point out that DCC 19.76.090 states that the 100 feet setback applies "unless the applicant can demonstrated that a lesser setback is warranted, due to lot size and shape, topography, preservation of natural vegetation, view corridors, and subject to the criteria in DCC 19.76.090(E)." In other words, the Applicants claim that the site and design review criteria under DCC 19.76.090(E) specifically apply if the applicant has requested a lesser setback than 100 feet. In addition, the Applicant notes that the section of the code on the 100-foot setback only applies to specific parcels of land in the Deschutes River Corridor (see DCC 19.76.090(D)(1)(a) and (b)). The Applicants contend that this code provision recognizes there are other parcels of land in the County that might be partially located within the Deschutes River Corridor (i.e., within 100 feet of the high water mark of the River), but that are not subject to the 100 foot setback in this section. In this instance, the site and design review criteria of DCC 19.76.090(E) would apply to those portions of land as well. As such, the Applicants contend that the Hearings Officer is mistaken in thinking that the Applicant's reading of the plain language of the code creates an inconsistency within the code. Finally, while the Applicants do not believe that the County can impose design review beyond the 100-foot Deschutes River Corridor, they ask that if the County insists on retaining the Hearings Officer's findings on this, they request that the Board please note the November 15, 2020, letter from the project's engineer, Keith D'Agostino. In that letter, Mr. D'Agostino states that only parts of Lots 4, 5, and 6 are within the Deschutes River Corridor. The Applicants contend that even under the Hearings Officer's interpretation, the letter serves to show that only lots 4, 5, and 6 would be subject to design review. That is important because Condition EE to the Hearings Officer's decision would impose design review upon development on Lots 3, 4, 5, 6, 7, and 8, even though the Applicants claim that no part of Lots 3, 7, and 8 is within the Corridor. The Applicants request that the Board of Commissioners reverse the Hearings Officer decision with respect to included Condition EE, and find that the Design Review process and criteria of DCC 19.76.090 only apply to development within the Deschutes River Corridor, i.e., development within 100 feet of the high water mark of the Deschutes River. Thus, the Applicants request that the Board 247-21-000147-RC (related to file nos. 247-19-000913-LL, 247-19-000914-TP, and 247-20-000580-A) of Commissioners either remove Condition EE altogether, or adopt the following condition in its place: EE. Design Review. For future development on Lots 4, 5, and 6 of the proposed subdivision, any portion of development that is proposed to be located within the Deschutes River Corridor, as defined in DCC 19.04.040, will be subject to Site Plan review pursuant to DCC 19.76.090. Staff Comments: The Applicants contend that the reading of DCC 19.76.090 "recognizes there are other parcels of land in the County that might be partially located within the Deschutes River Corridor (i.e., within 100 feet of the high water mark of the River), but that are NOT subject to the 100 foot setback in this section." At this time, Staff believes that the only exceptions to the 100-foot setback distance from the Deschutes River in Title 19 Zoning Areas are those parcels which have been granted an exemption pursuant to DCC 19.76.090(D)(1). Additionally, staff notes that very little objective standards are provided in the code language to define how the Bend Urban Area Planning Commission or another appropriate review body should address these design or site plan elements. Staff notes that this is particularly true when discussing "compatibility with existing area," which states: "The Bend Urban Area Planning Commission shall consider the relationship of the proposed development with the existing surroundings, in terms of building bulk, height, location, separation, shape, parking areas, lighting, fences, landscaping, open space, visual and physical corridors to the river and adjacent land use. The Bend Urban Area Planning Commission may establish increased setbacks, limitations of building heights, and limitations on the bulk and length of buildings, limitations on lighting, landscaping, fences, size and shape of windows facing the river, size and location of parking, and outdoor storage areas in order to carry out the purpose of DCC Title 19." Given the wide latitude of possible interpretations of these standards, the Board should be aware that regardless of what is ultimately proposed, a future development on the subject property affected by design review may struggle to accurately establish a burden of proof that shows how these standards can be met. The ambiguity regarding the specific development standards may result in significant litigation by any opposing parties, with uncertain outcomes and expenses for both the Applicants and any decision makers. Staff requests the Board carefully review these items in light of the subject proposal and determine if Deschutes River Corridor Design Review in fact applies to portions of the property outside of the 100-foot ordinary high water mark setbacks. If the Board decides that the design review standards do apply, the Board needs to recognize that the discretionary standards could impede future development plans. Previous Board Ruling: During the Board's initial decision issued on January 25, 2021, the Board broadly concurred with the Hearings Officer's decision, but amended Condition EE which addresses 247-21-000147-RC (related to file nos. 247-19-000913-LL, 247-19-000914-TP, and 247-20-000580-A) the standards of Deschutes River Corridor Design Review, as described in DCC 19.76.090. Specifically, the Board found that Deschutes River Corridor Design Review should only be applied to any development that is proposed in the subdivision which will occur within 100 feet of the ordinary high water mark of the Deschutes River, rather than for any properties which have portions of their land within 100 feet of the ordinary high water mark. Issue 3 - Should road maintenance responsibilities for Pacific Heights Road and the proposed juniper Rim Loop be clarified through this application? DCC 17.16.105(A) requires the following: No proposed subdivision shall be approved unless it would be accessed by roads constructed to County standards and by roads under one of the following conditions: A. Public roads with maintenance responsibility accepted by a unit of local or state government or assigned to landowners or homeowners association by covenant or agreement; During the public hearing process before the Deschutes County Hearings Officer, it was made aware to staff that Pacific Heights Road, a neighboring right-of-way which provides access to the subject property is maintained by a road maintenance agreement upheld by the Pacific Cascade Heights homeowners association (HOA). That maintenance agreement contains language which would allow the HOA to terminate their road maintenance responsibilities if property owners outside the Pacific Cascade Heights subdivision begin to utilize Pacific Heights Road for access to adjacent properties. Hearings Officer Finding: The Deschutes County Hearings officer found that the road access provision specifically requires that a proposed subdivision be accessed by roads constructed to County standards and by roads under one of three conditions (DCC 17.16.105(A)-(C)). One of those conditions is the access road be a public road with maintenance responsibility accepted either by a governmental entity or assigned to landowners or a homeowners association by a covenant or agreement (DCC 17.16.105(A)). In this case, the Hearings Officer found it is undisputed that Pacific Heights road is a public road. The Hearings Officer found that it is further undisputed that Pacific Heights Road, extending from O.B. Riley Road to the boundary of the proposed subdivision, is currently maintained by the Pacific Cascade Heights homeowners association. Thus, the proposed subdivision is in fact accessed by a public road with maintenance responsibility assigned to a homeowners association (Pacific Cascade Heights). Opponent Comments: Liz Fancher, a representative of neighboring property owners to the south of the subject property (Elkins Family Revocable Trust) previously raised concerns regarding future maintenance responsibilities for Pacific Heights Road, Juniper Rim Loop, and any adjacent rights -of - way which might be affected by the subject development. 247-21-000147-RC (related to file nos. 247-19-000913-LL, 247-19-000914-TP, and 247-20-000580-A) Specifically, Liz Fancher posed three questions to the Board regarding road maintenance responsibilities in a memo to the record dated November 23, 2020. Those questions are summarized as follows: 1) Does the Board agree that residents of the PCH subdivision are not obligated to maintain PCH subdivision roads? 2) Are future owners of Smallwood lots obligated to maintain roads in their own subdivision and to sign a maintenance agreement or covenant to assure road maintenance? 3) Should residents of the Smallwood Subdivision be required to maintain PCH subdivision roads if the PCH HOA opts out of road maintenance duties as a result of use of Pacific Heights Road by Smallwood? These questions have been raised principally in concern that Liz Fancher's clients (Elkins Family Revocable Trust) may be liable for any future road maintenance costs should the Pacific Cascade Heights HOA elect to terminate their road maintenance responsibilities and should the Smallwood subdivision include similar termination provisions in their required road maintenance covenant should the present subdivision application be approved. The full scope of Liz Fancher's arguments can be found in the previously referenced memo. Staff Comments: While staff understands the concerns raised by Liz Fancher regarding future road maintenance responsibilities, staff does not believe that the present applicant is the appropriate venue for resolution of these topics. Staff outlined a full scope of this position in a memo to the record dated November 16, 2020. Staffs position is summarized as follows: 1) DCC 17.16.105, the primary code provision applicable in this instance, has been met as the subject property is currently "accessed by roads constructed to County standards and by roads... with maintenance responsibility... assigned to landowners or homeowners association by covenant or agreement." In this case, the subject property is currently accessed by Pacific Heights Road, which is maintained pursuant to a maintenance covenant signed by the Pacific Cascade Heights HOA. This was confirmed through the Hearings Officer's decision and has not be challenged at any point in the record. 2) Should the subject proposal be approved, staff notes that the matter of the Smallwood's road maintenance obligations for proposed juniper Rim Loop and a small extension of Pacific Heights Road has already been addressed within the Hearings Officer's decision. Specifically, that decision, unless altered by the Board, contains the following condition of approval: "Road Maintenance: Maintenance of all public roads within the subdivision shall be assigned to a home owners association by covenant pursuant to DCC 17.16.040, 17.16.105, 17.48.160(A), and 17.48.180(E). Applicant shall submit covenant to Road Department for review and shall record covenant with the County Clerk upon Road Department approval. A copy of the recorded covenant shall be submitted to the Community 247-21-000147-RC (related to file nos. 247-19-000913-LL, 247-19-000914-TP, and 247-20-000580-A) Development Department prior to final plat approval. Further, the final plat signature sheet shall include the following note: PUBLIC ROAD MAINTENANCE: THE OWNERS AND TENANTS OF LOTS PLATTED BY THIS INSTRUMENT ARE HEREBY ASSIGNED TO MAINTAIN AND REPAIR ALL PUBLIC ROADS CREATED BY THIS INSTRUMENT IN GOOD ORDER UNTIL SUCH TIME AS A UNIT OF FEDERAL, STATE, OR LOCAL GOVERNMENT OR A SPECIAL DISTRICT FORMALLY ACCEPTS MAINTENANCE RESPONSIBILITY FOR SAID PUBLIC ROADS ACCORDING TO APPLICABLE LAWS.,, 3) The Deschutes County Engineer, Cody Smith, submitted a letter to the record dated November 10, 2020, which specifically addresses the "termination clause" in the Pacific Cascade Heights maintenance covenant. Cody Smith points out that the original maintenance covenant associated with Pacific Heights Road, including the termination clause, was not made in error, and the Road Department acknowledged its inclusion when reviewing the Pacific Cascade Heights final plat. Staff does acknowledge that while the termination of the maintenance covenant by the Pacific Cascade Heights HOA may constitute a violation of the original tentative plan file no. TP-11-1016, which separately obligates the HOA to maintain the road, staff notes that particular scenario is not under consideration in the subject review as the maintenance covenant is still active. Resolution of those items would need to be pursued through a separate land use action if the HOA in fact ever unilaterally terminates the maintenance covenant. 4) Should Liz Fancher or the Elkins Revocable Family Trust require resolution to the remaining road maintenance questions outlined above, the correct avenue for resolving those issues is in one of the following ways: 1) The Elkins Family Revocable Trust can apply for a Declaratory Ruling application to provide clarity on the status of the maintenance obligations as they relate to Pacific Heights Road moving forward. 2) The Elkins Family Revocable Trust can apply for a Tentative Plan approval to subdivide their neighboring parcels, at which point the matter of road maintenance obligations could be adjudicated as part of that review. 5) Finally, staff believes all other matters regarding specific road maintenance duties for property owners within this area should be addressed as a private matter between all parties involved to arrive at an amenable solution. Resolution of these road maintenance concerns does not require County intervention at this point, as none of the users of this road are precluded from addressing the situation privately. To summarize, the broader policy issues raised by Liz Fancher are more complex and surround questions regarding who should be held liable for rural infrastructure maintenance and by what legal mechanism should that responsibility should be assigned. 247-21-000147-RC (related to file nos. 247-19-000913-LL, 247-19-000914-TP, and 247-20-000580-A) However, for the purposes of the present tentative plan review, the County is only required to confirm that legal access to the subject property is currently being provided on public roads with assigned maintenance responsibilities. Again, compliance with the standards of DCC 17.16.105 has been confirmed by the Hearings Officer's final decision and the existence of the Pacific Cascade Heights HOA road maintenance covenant. Previous Board Ruling: During the Board's initial decision issued on January 25, 2021, the Board broadly concurred with the Hearings Officer's decision on this matter, including Condition N, which directly addressed road maintenance responsibilities for the Applicants. While the Board understood the concerns raised by Liz Fancher regarding future road maintenance responsibilities, it does not believe that the present application is the appropriate venue for resolution of these topics. During the initial decision, that Board found that all other matters regarding specific road maintenance duties for property owners within this area should be addressed as a private matter between all parties involved to arrive at an amenable solution. The Board found that resolution of these road maintenance concerns did not require County intervention at that point, as none of the users of the road were precluded from addressing the situation privately. V. HEARING PROCEDURES & PUBLIC TESTIMONY As part of the reconsideration proceedings, both the Applicant (Scott and Carol Ann Smallwood) and the Appellant (Danielle and Sanders Nye), requested that the Board modify the public hearing procedures as outlined in Board Order 2021-008. This order sets forth procedures on par with a "record review" as would have been allowed for the initial public hearing before the Board pursuant to DCC 22.32.027(B)(2). Order 2021-008 was discussed and approved by the Board during their March 1, 2021 work session. Consistent with DCC 22.32.030(E)(6) governing record reviews and based on Order 2021-008, the Board shall not consider any new factual information submitted orally or in writing during the hearing process. However, differing from the aforementioned provision and at the request of the Applicant and Appellant, the Board will entertain brief oral arguments presented by any party. Staff will also introduce the materials originally excluded from the record before the Board during the initial public hearing proceedings. As no additional written testimony can be presented, the Board may elect to forgo an additional open record period, and may begin deliberations at the conclusion of the public hearing. VI. CONCLUSION & NEXT STEPS At the conclusion of the hearing, the Board may choose to: 1. Close the record and begin deliberations. 2. Continue the public hearing to a date certain. 247-21-000147-RC (related to file nos. 247-19-000913-LL, 247-19-000914-TP, and 247-20-000580-A) Attachments: Document Item No. 2021-03-01 - Order No. 2021-008 Hearing Procedures 8 2021-02-26 - L Cooper M McGean Correspondence 7 2021-02-24- BOCC Reconsideration Hearing Procedures Memo 6 2021-02-16 -Smallwood LUBA Withdrawal Memo 5 2020-07-07 - L Hillman (OPRD) Comments 4 2020-07-07 - L Fancher Email RE New & Revised Letters 3 2020-07-07 - L Cooper Comments 2 2020-07-07 - B Hedgpeth Email RE M McGean Comments 1 247-21-000147-RC (related to file nos. 247-19-000913-LL, 247-19-000914-TP, and 247-20-000580-A) CA yr� 4 <t a� fl "�a c � a4 ECG q r �s r tiltt E m Ems CL cu CL H CL W W WCL W0 MEN Wo WMEOW n 5JEC t �:f Y 6 s � f a Y' f� M El 7 br� a� 5 3e`o i1 a ti 3a5 3a b CL ME (E i K�x mm m ZOO > > > F+ HMO mom fob cr IA Mom r+ 13 CL orQ I A a rdl M DE, tiG m 0 iv rkt El Is] E H <5's era,. ,uvjd PRO W J Emm gal m m 9A X 0 mmo :3 0 cr m m M x m m CL 0 (A 0 m 0 G 0 m (A 0 CL 0 m 0 m r+ X 0 tA aj C: CL m cr CL C: (A 0 rt mmo 0 m 3 0 m 0 m LA :3 0 gu CL 1 wr 01�1- N 171207-502 Nooro9'42-E BY9.84' I oD 0vnc� �> a o - I mA'y7 o p O r rrn- 0 SP v - y o + T taovf i, C. Nag x� o� " C5 C wyoa cle• Non 1( e, yiuty o n 00 g� y7 t�J1 -[[ 42'E 6 ¢ y 2O O 0 u I 00 � +N+� i1� C) N) N fr" r 'n � Z �+t i n" � W � I Vtl 21,09T� gg N O I n _p cry 00 (- "ii lZ �__ .cl ._.._.. d...,.. r m _o 171207-502 O ~ V 5 b G) I n D L �9fy gCG' ,a as v W ww> r r I"' o O v I A w R t N Q S00'09'30'W 822.31' .. �1 T' CLG v� 6G ��V77 Q yOyn v M v> ��f 1U tY w N-a p s# Y w C ME u 0 161 •�E Iq El ®® ® a m 0 0 ®Cr Lf M El hlw. l� m 0 QrQ - m m m mom CA cr O UQ CL 0 QrQ O m ® CD �9m O �9 eD m dFs� CL m O � LNG III IT I q 2 . q lu , On eD O� q CL w w z qtu . .y\\ k� u W pix I', 7 4v�e' o uy i� a S�� a✓ �ww J exv 7 �3 'I mN &&``L II] J CL i o� o CL LA m ® � e a CL OrQ®Y de a � R, CL O cr OrQ 0 0 o LA 0 rot pr tl cr CL 0 rt rt e rt �S iy o go G �m 0� m N� lei NO W s -1 n M— LM o. IM I MIN I a11-4 8CY w � tlQrQ ate' ec 7 E x� t FJ a �s m: 7 m MAI E E F"M al IU I 0 WE WE Mg Ell �0 eD 0 � r ty ® 0 CL 9 CL o gu CL V �S^ yG fu CL OQ I on I a v4.? Cr CL e aj g w Er Er m CL QrQ ® m �® r n D &S m El /hO RR I '.• r�iju � 6'.. iii..^ .. n �r41t In .;}}i,tt } _.. a _ Y I 1 �d I ". ii ♦ ,.\ 1 j !� r/ \ r'�r .ry � �. }Iliflt iioil l � r,� r ��i � m� ♦ ♦QQ "`� �.t♦ vo'er t' ,� . � SL,Iu, - » o mac \ ♦ \\ �'t4 r,y 1 I ; t t ♦' I r a . a ♦♦v i i 5 ♦. , 1 4 r I I't l 1 ltya) '\q \ �(yII 11`\ i , 1 1 l r ' / ♦ I/ / 1 5W ,. ♦ 1+\514� \ \ tiq . yl fi t, " { \ lA \ ♦ �\ 1 I t {+�{�I ' \ , ♦ 1 / I III, r' tt_ rtl : IIY'i" \}iM ♦ !♦ ♦` ♦a ♦♦a � Y15 a `w"' a♦ ♦ "ry `• -e\ \ ('1 } IA (14i I` / i/,Y� to fi\'+ A IrI I / 1 IN, \ r t 1♦ �... v v a ttt - u I i = ♦♦ � "t" 4 � t I Ir x ,' ,. IAY P z � ♦ ` ' S ,\\ � .:� ��I ! II \ \♦ 1 '".`.. aos 1 ay..ip 1Tj.�:.. ♦ ,r..x VtjIN •r �- r, rr 1 v .� �♦♦a ♦ J�'��. � -5 \ .Y i �{ \ f � ay t \ "1 fir. ft tii..., _.. dye � // `�; r �,. ,� / ,� � 5 \a * ` \�"'"rY"p ♦'��."�. �1-1w" (` I♦a V,1�1 / I f o � 3 1 Y♦\ I � 1 ♦€ �is. 1, ♦a`".� ♦+♦ ,� c..... r* r �" /" \� 5 �t`�\ ..___-' - .... _ S 1� j Jgt��R«__.f ?'�. �� t>. �,f� f ���J y a%.. 4'i��•-♦ �Ii '`.`, �,'�i'1 �� 1 - i {r+�.,y.+ \ ..�) \�..:, j'i'w• t IN nn"O 1 s �I of `_�Lr '. �i ./5\ .�.i' I• ! 1 I`,\\ i 1: 1F^/5 1 ♦: , �''�"` `! \../ } � :"y ' I I/�� •_• ♦♦t .A�' y1t ��1 T v '�,..r ♦ '�. `"t hh,y a_�� I,... «. �..v I,I \ r I I r, 11 ♦ AN kt 5 xv� / t ' i / ..♦♦va L .r-I t 1 \rn r I t v r 1 mil; _�y� _� t I '�; v i ♦ y i f I t ,ryd19'w) ! /f, t.%j A iT�y{ ( I '%I - ♦ \ ' I ♦ i 1v y �y� i 1 `, l ur r dd9 r pyy��� 4 �`, i Jii} •� r i `- if� r (5 �' 1♦. i.•EIV f,`♦.c. Is, tt v, } ca fv� ��� .. - , t . + ♦ ` .vvv �� M,. / ;C♦ \ ,�rlV;li A 140 "t: I, 'I 7t / 1. 1 ` / 1♦` \,. 1 \ , 1. \ \ ,i } \ l ♦ , } t ° � ram, PA IFIC, 1 ,5� S�iA4� t\,��{r, f I St';1+a IN VVw a e p �s� yG m �1N m CL a a a cr ®crlu a a e eD a eD a a a CL 0 b a D CL 6 O a El MW hi 2 got I Irm 2 r A" I El 9 1 �i MI-11 lW m WINE WE ff t na.. O DI CL CL fu a � �S �y G mCL M 01% , . cr LA , m � FA gu CL gu m� ©a : rrI r >� 0 LlJ S W Yr 1 a eCL n �s�cu 0CL A a WIC CL CL a ® ®g a m C) rwL m gA 0i m eD ® FA - a a evi aj ®tu 0 CLo CLam m eD 9) 0) —h 0 KA CL ®�IA CL a ®m IAng mErm ago IFS c CA and cr 'O 1 LAC` gu INK Oil 11 Ro A 0 mod. « \ M CQ 7-514 I SS ® O CL CL ry v, O� u C 0 r,;;; , 5� I REVIEWED LEGAL COUNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Order to establish procedures for the reconsideration of File Nos. 247-19-000913- * ORDER NO.2021-008 LL, 247-19-000914-TP, 247-20-000580-A. WHEREAS, on January 20, 2021, the Board of County Commissioners ("Board") through proceedings annotated as File No 247-20-000580-A Affirmed a Hearings Officer's Approval of Application Nos. 247-19-000913-LL, 247-19-000914-TP submitted by Scott and Carol Ann Smallwood (the "Smallwoods"); and WHEREAS, on February 9, 2021, Danielle and Sanders Nye (the "Nyes"), the Appellants, appealed the Board's decision to the Oregon Land Use Board of Appeals ("LUBA"); and WHEREAS, to address four documents erroneously excluded from the Board's original record and as directed by the Board on February 18, 2021, County staff filed a Notice of Withdrawal pursuant to ORS 197.830(13)(b) and OAR 661-010-0021(1) halting the LUBA appeal and allowing the Board to reconsider its previous decision; and WHEREAS, Deschutes County Code ("DCC") 22.34.030 requires a hearing on any withdrawn decision, but does not specifically clarify procedures to govern that reconsideration hearing; and WHEREAS, although previously conducting a de novo review, DCC 22.32.027(B)(1) would have allowed the Board to initially conduct only a "record review" during the original proceedings; and WHEREAS, as the likely parties before LUBA, both the Smallwoods and the Nyes jointly requested that the Board conduct a modified "record review" for the reconsideration proceedings (currently scheduled for March 10, 2021), wherein no party would be allowed to submit in writing or orally any new factual information, but any party would be allowed to offer brief oral argument during the reconsideration hearing; now therefore, ORDER No. 2021-008 THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDERS as follows: Section 1. Pursuant to DCC 22.32.027(B)(1) and 22.32.030(E), the Board's reconsideration of File Nos. 247-20-000913-LL, 247-20-000914-TP, and 247-20-000580-A shall consist of a "record review," with the record before the Board on reconsideration including the four items erroneously excluded from the original record. Section 2. Contrary to DCC 22.32.030(E) and at the joint request of the Smallwoods and Nyes to account for the fact that the County initiated the withdrawal proceedings, any party will be allowed to offer brief oral argument during the hearing. However, the contents of the record and all other proceedings shall be as dictated by DCC 22.32.030(E), including the prohibition on any party submitting new factual information in writing or orally. Written transcripts of prior hearings are not required. Section 3. At the conclusion of the hearing, the Board may close the hearing and immediately deliberate, or the Board may deliberate at a later date. DATED this / day of /yj2021. BOARD OF COUNTY COMMISSIONERS ANTHONY DeBONE, Chair ATTEST: PHIL CHANG, Vice Chair Recordi 6 Secretary PATTI ADAIR, Commissioner ORDER No. 2021-008 Kyle Collins From: Michael McGean <michael@francishansen.com> Sent: Friday, February 26, 2021 5:18 PM To: Adam Smith; 'Laura Craska Cooper'; Kyle Collins Cc: Peter Gutowsky Subject: RE: Nye v. Deschutes County [EXTERNAL EMAIL] It's fine with me, thanks. Michael H. McGean mike@francishansen.com FRANCIS HANSEN & MARTIN LLP 1148 NW Hill Street Bend, OR 97703 Ph: (541) 389-5010 - Fax: (541) 382-7068 https://smex ctp trendmicro com•443/wis/clicktime/v1/querv?url=www.francishansen.com&umid=968f732b-b970- 4388-9dab-ce9833645cf3&auth=b6e5f914caa071e97c22b57421b394cc38777e44- 870de9d90a70d208dd091417bd8c9b1617846352 NOTICE: This email may contain material that is confidential, privileged and/ or attorney work product for the sole use of the intended recipient. if you have received it in error please notify us and then delete this email. From: Adam Smith <Adam.Smith@deschutes.org> Sent: Friday, February 26, 2021 5:12 PM To:'Laura Craska Cooper' <Icooper@brixiaw.com>; Kyle Collins <Kyle.Collins@deschutes.org>; Michael McGean <michael@francishansen.com> Cc: Peter Gutowsky <Peter.Gutowsky@deschutes.org> Subject: RE: Nye v. Deschutes County Michael, Please confirm via email you that you are okay with the new draft as well. Kyle, once you receive Michael's confirmation, please place this entire email chain and the draft in the record. And thanks for running point on getting this finalized. D. Adam Smith Deschutes County Assistant Legal Counsel 1300 NW Wall St., Suite 205 Bend, OR 97703 Phone: (541) 388-6593 Fax: (541) 617-4748 adam.smith(a-)deschutes.org THIS ELECTRONIC TRANSMISSION, INCLUDING ANY ATTACHMENT HERETO, IS CONFIDENTIAL AND PROTECTED BY THE ATTORNEY -CLIENT PRIVILEGE, THE WORK PRODUCT PRIVILEGE, AND/OR OTHER PRIVILEGES AND CONFIDENTIALITY PROVISIONS PROVIDED BY LAW, THE INFORMATION IN THIS TRANSMISSION IS INTENDED ONLY FOR USE OF THE INTENDED RECIPIENT. IF YOU ARE NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT THE SENDER HAS NOT WAIVED ANY PRIVILEGE AND THAT YOU MAY NOT READ, DISCLOSE, COPY, DISTRIBUTE, USE OR TAKE ACTION BASED UPON THIS TRANSMISSION. IF YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR, PLEASE IMMEDIATELY NOTIFY THE SENDER AND DELETE THIS TRANSMISSION. From: Laura Craska Cooper <Icooper@brixlaw.com> Sent: Friday, February 26, 2021 5:11 PM To: Kyle Collins <Kyle. Col lins@deschutes.or_g>;'Michael McGean' <michael francishansen.com>; Adam Smith <Adam.Smith@deschutes.org> Cc: Peter Gutowsky <Peter.Gutowsl<y@deschutes.org> Subject: RE: Nye v. Deschutes County [EXTERNAL EMAIL] Thanks, Kyle. I am good with this draft. Laura Craska Cooper I Partner Brix Law LLP 15 SW Colorado Ave., Suite 3 1 Bend, Oregon 97702 T: (541) 693-0061 1 E: Icooper@brixlaw.com Web From: Kyle Collins[mailto:KVle.Collins@deschutes.org] Sent: Friday, February 26, 20214:56 PM To: Laura Craska Cooper <lcooper@brixlaw.com>;'Michael McGean' <michael francishansen.com>; Adam Smith <Adam.Smith@deschutes.org> Cc: Peter Gutowsky <Peter.Gutowsky@deschutes.org> Subject: RE: Nye v. Deschutes County Thanks for the clarification Laura. I have incorporated the recommended revisions into the attached draft order. Unless any additional edits are proposed, this is what will be presented to the Board during their Monday meeting. Assuming they are willing to sign off on the order, we will still be scheduled for the reconsideration hearing on Wednesday 3/10. Please let me know if you have any additional questions or concerns at this time. Thanks and regards, Kyle Collins Associate Planner 117 NW Lafayette Avenue I Bend, Oregon 97703 PO Box 6005 1 Bend, Oregon 97708 Tel: (S41) 383-4427 1 www.deschutes.org/cd a. Let us know how we're doing: Customer Feedback Survey Disclaimer: Please note that the information in this email is an informal statement made in accordance with DCC 22.20.005 and shall not be deemed to constitute final County action effecting a change in the status of a person's property or conferring any rights, including any reliance rights, on any person. From: Laura Craska Cooper <Icooper@brixlaw.com> Sent: Friday, February 26, 20214:53 PM To:'Michael McLean' <michael _ francishansen.com>; Adam Smith <Adam.Smith@deschutes.org> Cc: Kyle Collins <Ky1e.Co1lins(c@deschutes.or>; Peter Gutowsky <Peter.Gutowsl<y@deschutes.org> Subject: RE: Nye v. Deschutes County [EXTERNAL EMAIL] I guess I was just thinking of providing our argument in written form before the hearing. But I guess if we just present our arguments verbally, that should be sufficient. I was not looking for long written submissions. Laura Craska Cooper I Partner Brix Law LLP 15 SW Colorado Ave., Suite 3 1 Bend, Oregon 97702 T: (541) 693-0061 1 E: (cooper brixlaw.com Web From: Michael McGean [mailto:michael@francishansen.com] Sent: Friday, February 26, 20214:03 PM To: Laura Craska Cooper <lcooper@brixlaw.com>;'Adam Smith' <Adam.Smith@deschutes.org> Cc: Kyle Collins <Kyle.Collins@deschutes.org>; Peter Gutowsky <Peter.Gutowsky@deschutes.org> Subject: RE: Nye v. Deschutes County am fine with Adam's proposed order and with Laura's no transcript revision. Laura —by written argument do you just mean documents or written materials used with oral argument (i.e. powerpoint)? Otherwise lengthy written submissions would seem to defeat the purpose of a limited/ expedited re -hearing. Mike Michael H. McGean mike@francishansen.com FRANCIS HANSEN & MARTIN LLP 1148 NW Hill Street Bend, OR 97703 Ph: (541) 389-5010 - Fax: (541) 382-7068 https•//smex-ctp trendmicro com•443/wis/clicktime/v1/querv?url=www.francishansen.com&umid=e43dcfSO-a96a- 4687-93fc-d67908b36266&auth=e6a13d6f878d9623a882cffe8555362a528a79b5- 60039532a08b4ce6347379d6b923e66c75104d56 NOTICE: This email may contain material that is confidential, privileged and/ or attorney work product for the sole use of the intended recipient. If you have received it in error please notify us and then delete this email. From: Laura Craska Cooper <Icooper@brixlaw.com> Sent: Friday, February 26, 2021 3:17 PM To:'Adam Smith' <Adam.Smith@deschutes.org>; Michael McGean <michael@francishansen.com> Cc: Kyle Collins <Kyle.Collins@deschutes.orZ>; Peter Gutowsky <Peter.Gutowskv@deschutes.oriz> Subject: RE: Nye v. Deschutes County Hi Adam, Here are my requested revisions on behalf of the Smallwoods: 1. In Section 2, I think you're missing a couple of words in the second line. I think it should say "to account for the fact that the County initiated". 2. I would also add that the parties may "offer brief oral or written argument during the hearing." 3. Finally, I think that we need to clarify that there is no need for written transcripts of the prior hearings. So I suggest the following be added at the end of Section 2: "Written transcripts of prior hearings are not required." Thanks, Laura Laura Craska Cooper I Partner Brix Law LLP 15 SW Colorado Ave., Suite 3 1 Bend, Oregon 97702 T: (541) 693-0061 1 E: (cooper@ rixlaw.com Web From: Adam Smith[mailto:Adam.smith@deschutes.org] Sent: Friday, February 26, 2021 2:31 PM To: Laura Craska Cooper <Icooper@brixlaw.com>;'Michael McGean' <michael@francishansen.com> Cc: Kyle Collins <Kyle.Collins@deschutes.org>; Peter Gutowsky <Peter.Gutowsky@deschutes.org> Subject: RE: Nye v. Deschutes County Importance: High Laura & Michael, Please let me know ASAP if you both are okay with the procedures as set forth in the draft order. Staff is hoping to present the draft order to the Board on Monday so that we can keep our March 10"' hearing date. But we will need to push back Monday's meeting — and the hearing date — if we don't hear back soon. As always, please feel free to call me on my cell if you want to chat further — 970 759-0260. Thanks, -Adam D. Adam Smith Deschutes County Assistant Legal Counsel 1300 NW Wall St., Suite 205 Bend, OR 97703 Phone: (541) 388-6593 Fax: (541) 617-4748 adam.smith(a.deschutes.org THIS ELECTRONIC TRANSMISSION, INCLUDING ANY ATTACHMENT HERETO, IS CONFIDENTIAL AND PROTECTED BY THE ATTORNEY -CLIENT PRIVILEGE, THE WORK PRODUCT PRIVILEGE, AND/OR OTHER PRIVILEGES AND CONFIDENTIALITY PROVISIONS PROVIDED BY LAW. THE INFORMATION IN THIS TRANSMISSION IS INTENDED ONLY FOR USE OF THE INTENDED RECIPIENT. IF YOU ARE NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT THE SENDER HAS NOT WAIVED ANY PRIVILEGE AND THAT YOU MAY NOT READ, DISCLOSE, COPY, DISTRIBUTE, USE OR TAKE ACTION BASED UPON THIS TRANSMISSION. IF YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR, PLEASE IMMEDIATELY NOTIFY THE SENDER AND DELETE THIS TRANSMISSION. From: Adam Smith Sent: Wednesday, February 24, 2021 3:13 PM To:'Laura Craska Cooper' <Icooper@brixlaw.com>;'Michael McGean' <michael francishansen.com> Cc: Kyle Collins <Kyle.Collins@deschutes.org>; Peter Gutowsky <Peter.Gutowsky@deschutes.org> Subject: Nye v. Deschutes County Importance: High Laura & Michael, As we discussed last week, attached is a draft order setting forth simplified procedures for the Smallwoods' reconsideration hearing. If you agree with the procedures as set forth in the draft order, please reply to all and indicate that consent. My intention is to then include this email, the draft order, and your responses in the record. Assuming the Board agrees with the order as well, the final signed order will of course also be included in the record. I mentioned to Michael early in the week that the DCC only allows those parties who originally participated to again participate in the reconsideration proceedings. However, that prohibition in DCC 22.34.030(A) specifically only applies to remand proceedings. As such, one weakness of this approach is that a new third party theoretically could demand a full hearing and/or more opportunities to provide written or oral evidence. Rather than changing course now, however, I propose that we address that unlikely scenario if it in fact comes up. As a final matter, please respond as soon as you can if you concur with the proposed procedures. County staff is scheduled to present the draft order to the Board on March 1, and any slip will delay the hearing tentatively schedule on March 10. 1 apologize for the quick deadline; it has been a busy week. Thanks, -Adam D. Adam Smith Deschutes County Assistant Legal Counsel 1300 NW Wall St., Suite 205 Bend, OR 97703 Phone: (541) 388-6593 Fax: (541) 617-4748 adam.smithadeschutes.org THIS ELECTRONIC TRANSMISSION, INCLUDING ANY ATTACHMENT HERETO, IS CONFIDENTIAL AND PROTECTED BY THE ATTORNEY -CLIENT PRIVILEGE, THE WORK PRODUCT PRIVILEGE, AND/OR OTHER PRIVILEGES AND CONFIDENTIALITY PROVISIONS PROVIDED BY LAW. THE INFORMATION IN THIS TRANSMISSION IS INTENDED ONLY FOR USE OF THE INTENDED RECIPIENT. IF YOU ARE NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT THE SENDER HAS NOT WAIVED ANY PRIVILEGE AND THAT YOU MAY NOT READ, DISCLOSE, COPY, DISTRIBUTE, USE OR TAKE ACTION BASED UPON THIS TRANSMISSION. IF YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR, PLEASE IMMEDIATELY NOTIFY THE SENDER AND DELETE THIS TRANSMISSION. MEMORANDUM TO: Board of County Commissioners FROM: Kyle Collins, Associate Planner DATE: February 24, 2021 RE: Consideration of an Order to establish procedures for the reconsideration of File Nos. 247-19-000913-LL, 247-19-000914-TP, and 247-20-000580-A The Board of County Commissioners (Board) will conduct a meeting on March 1, 2021 and consider hearing procedures for a reconsideration of a Board decision (File Nos. 247-19-000913-LL, 247-19- 000914-TP, and 247-20-000580-A) approving a 10-lot subdivision in the UAR10 Zone. I. BACKGROUND The property subject to this application is located approximately 0.6 miles northwest of the City of Bend. The specific location is noted in the following table: Map Number & Tax Lot Address 17-12-07, 501 19800 Pacific Heights Road, Bend, OR 97703 The Applicants, Scott and Carol Ann Smallwood, have requested two property line adjustments to increase the size of the subject property to 100.1 acres. Concurrent with the property line adjustments, the Applicants requested a tentative plan approval for a 10-lot subdivision. The Board conducted a public hearing to review an appealed Hearings Officer decision on November 9, 2020, and deliberated on December 9 and December 16, 2020. The Board voted 2-1 (DeBone and Adair in favor, Henderson opposed) to uphold the Hearings Officer's Decision of approval for two property line adjustments and to establish a 10-lot residential subdivision on the subject property. The Board broadly concurred with the Hearings Officer's decision and approved the application, but amended Condition EE, which addresses the standards of Deschutes River Corridor Design Review. The local decision became final on January 25, 2021. 11 7 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 Q, (541) 388-6575 @ cdd@deschutes .org @ www.deschutes.org/cd Subsequently, the Deschutes County received a Notice of Intent to Appeal the local decision to the Land Use Board of Appeals (LUBA) on February 9, 2021. As part of the record preparation for the LUBA appeal, County staff became aware that four documents were erroneously excluded from the Board's record. To resolve these procedural issues, on February 16, 2021, County staff filed a Notice of Withdrawal pursuant to ORS 197.830(13)(b) and OAR 661-010-0021(1) halting the LUBA appeal and allowing the Board to reconsider its previous decision. The reconsideration is catalogued under Deschutes County file no. 247-21-000147-RC. II. HEARING PROCEDURES A reconsideration public hearing is scheduled before the Board on March 10, 2021. As part of the reconsideration proceedings, both the Applicant (Scott and Carol Ann Smallwood) and the Appellant (Danielle and Sanders Nye), have requested that the Board modify the public hearing procedures as identified in the order presented before the Board. If adopted, this order sets forth procedures on par with a "record review" as would have been allowed for the initial public hearing before the Board pursuant to DCC 22.32.027(B)(2). Consistent with DCC 22.32.030(E)(6) governing record reviews, the Board shall not consider any new factual information submitted orally or in writing. However, differing from the aforementioned provision and at the request of the applicant and appellant, the Board will entertain brief oral arguments presented by any party. Staff will also introduce the materials originally excluded from the record before the Board during the initial public hearing proceedings. After review of the missing materials and hearing oral argument, the Board may elect to deliberate on the reconsideration of its original decision. III. 90-DAY LAND USE CLOCK The Board has 90 days upon filing the Notice of Withdrawal to re -issue the same decision or to render a new decision.' The final day the Board must render a final decision is May 17, 2021. 1 OAR 661-010-0021(1) provides: "If a local government or state agency, pursuant to ORS 197.830(13)(b), withdraws a decision for the purposes of reconsideration, it shall file a notice of withdrawal with the Board on or before the date the record is due or, on appeal of a decision under 197.610 to 197.625, the local government shall file a notice of withdrawal prior to the filing of the respondent's brief. A copy of the decision on reconsideration shall be filed with the Board within 90 days after the filing of the notice of withdrawal or within such other time as the Board may allow." 247-19-000913-LL, 19-914-TP, 20-580-A, 21-147-RC Page 2 of 2 TO: Deschutes County Board of Commissioners FROM: Peter Gutowsky, AICP, Planning Manager Adam Smith, Assistant Legal Counsel DATE: February 16, 2021 SUBJECT: 247-19-000913-LL, 247-19-000914-TP, 247-20-000580-A / Withdrawal Decision for Reconsideration Staff respectfully request the Board of County Commissioners (Board) direct: • County Legal to a file with LUBA a Notice of Withdrawal of the Board's decision regarding 247-19- 000913-LL, 247-19-000914-TP, 247-20-000580-A; and • Community Development Department (CDD) to subsequently initiate reconsideration proceedings immediately. Last week, CDD and County Legal began preparing a LUBA record (discussed below). Through that process, we discovered that several documents that were provided to the Hearings Office were not in turn provided to the Board. To cure that procedural mistake, the Board can file a Notice of Withdrawal and initiate reconsideration proceedings.' The Board has 90 days upon filing the Notice of Withdrawal to re -issue the same decision or to render anew decision.2 Regardless, the reconsideration proceedings provide the County the opportunity to add the missing documents into the Board's record to cure the aforementioned procedural error. Although two of the three current Commissioners are well aware of this project, the following information is being provided primarily to benefit Commissioner Chang. ' ORS 197.830(13)(b) provides, in part: "At any time subsequent to the filing of a notice of intent and prior to the date set for filing the record, or, on appeal of a decision under ORS 197.610 to 197.625, prior to the filing of the respondent's brief, the local government or state agency may withdraw its decision for purposes of reconsideration. If a local government or state agency withdraws an order for purposes of reconsideration, it shall, within such time as the board may allow, affirm, modify or reverse its decision." z OAR 661-010-0021(1) provides: "If a local government or state agency, pursuant to ORS 197.830(13)(b), withdraws a decision for the purposes of reconsideration, it shall file a notice of withdrawal with the Board on or before the date the record is due or, on appeal of a decision under 197.610 to 197.625, the local government shall file a notice of withdrawal prior to the filing of the respondent's brief. A copy of the decision on reconsideration shall be filed with the Board within 90 days after the filing of the notice of withdrawal or within such other time as the Board may allow." I. Background Scott and Carol Ann Smallwood, the applicants, requested two property line adjustments to increase the size of the subject property to 100.1 acres. Concurrent with the property line adjustments, the applicant requested a tentative plan approval for a 10-lot subdivision in the Urban Area Reserve Zone (UAR10). The subject property is located at 19800 Pacific Heights Road as shown in Figure 1. Figure 1— Subject Property II. Hearings Officer Proceeding Hearings Officer Will Van Vactor conducted a public hearing on June 30, 2020 and issued a final decision approving the development proposal on August 14, 2020. In response to arguments raised by the "Nyes," owners of property in the vicinity of the subject property and opposed to the proposed development, the Hearings Officer included a finding requiring "design review under [DCC] 19.76.090 ... for any development that occurs on any lot partially within the [Deschutes River Corridor]." III. Hearings Officer Appeal Scott and Carol Ann Smallwood submitted a Notice of Appeal for the Hearings Officer's decision on August 26, 2020. Although the review was de novo, the Smallwood's primary reason for appealing was to challenge the Hearings Officer's aforementioned finding requiring subsequent design review for any lot partially or entirely in the Deschutes River Corridor. (A neighbor also asked the Board to address a separate finding regarding access to the proposed development, but the Board ultimately declined to address that additional issue.) IV. Board Hearing & Decision The Board conducted a public hearing on November 9 with deliberations occurring on December 9 and 16. -2- The Board voted 2-1 (DeBone and Adair in favor, Henderson opposed) to uphold the Hearings Officer's Decision of approval but amending Condition EE which addressed the standards of Deschutes River Corridor Design Review as follows. Based on the evidence submitted by both staff and the Applicant, the Board concurs with the Applicant's interpretation of the [design review] code provision above and overturns the Hearing Officer's findings on this matter. As such, the Board amends the following condition of approval included in the Hearing Officer's final decision: • Design Review: Future development in the proposed subdivision which is located within 100 feet of the ordinary high water mark of the Deschutes River will be subject to the Deschutes River Corridor Design Review standards pursuant to DCC 19.76.090. V. LUBA / Notice of Intent to Appeal The Nye's, represented by Michael McGean, submitted a Notice of Intent to Appeal (NITA) to LUBA on February 5, 2021. -3- 0 -'-'��regon I� 10 x Z Kate Browj1, Governor December 11, 2019 Scott R. & Carol Ann Smallwood 4614 N. Ditmar Rd. Arlington, VA 22207 Parks and Recreation Department Scenic Waterway Program 1,645 NE Forties Rd, Ste 112 Bend, OR 97701-4990 (541) 41.0-4892 Fax (541) 388-6391 www.oregonstateRarks.org Re: Notification File Number: 2A-247-19 Property Location: T 17S R 12E Sec. 7 Tax lot 501 Juniper Rim Subdivision The Oregon Parks and Recreation Commission grants its approval to Carol Ann and Scott Smallwood to construct infrastructure for the initial development of a 10-lot subresidential home within the Middle Deschutes Scenic Waterway. THIS APPROVAL IS SUBJECT TO THE FOLLOWING CONDITIONS: 1. Construction shall be in conformance with the plans submitted in the OPRD Notification of Intent. 2. Based on the submitted subdivision plan submitted, there is limited vegetation that will be removed from the current site for the initial phase of development. 3. Individual Oregon State Scenic Waterway Notification of Intent applications will need to be submitted for each buildable lot within the development for any future construction of residential or other buildings; nothing outside of proposed road development and utilities is approved at this time. 4. All structures shall be designed and constructed that little or no soil is left exposed when construction is complete. 5. In no case shall debris, silt or other materials will be allowed to reach the waters of the Middle Deschutes River Scenic Waterway. Standard sediment control methods will be used to minimize impacts to the Middle Deschutes River State Scenic Waterway. 6. The construction will commence within one year starting December 2019 and shall be completed by December 2020. Extensions may be granted after contacting OPRD. 7. The Commission shall be notified in writing when activity has been completed. Written notices shall be sent to State Scenic Waterways Program, Oregon Parks and Recreation Department, 1645 NE Forbes Rd, Suite 112, Bend, OR 97701. 8. All other applicable permits must be secured prior to construction. Failure to comply with the conditions of approval will constitute a violation and be grounds for legal action. This approval does not affect any obligation you might have to other persons or agencies, local, state or federal Bn Tinsley Program Coordinator for the Central and Eastern Oregon Scenic Waterways Cell: 541-410-4892 / Office: 541-388-6236 / Email: Bridget.Tinsley@Oregon.gov OREGON PARKS AND RECREATION DEPARTMENT NOTIFICATION OF INTENT TO MAKE IMPROVEMENTS, CHANGE LAND USE, OR ENGAGE IN REGULATED ACTIVITIES WITHIN THE OREGON SCENIC WATERWAY SYSTEM To process your application promptly, the Oregon Parks and Recreation Department must have completed, detailed information fully describing your plan to make improvements, change land use, or engage in regulated activities within a scenic waterway. Please supply all the information requested below which is in any way applicable and tell us of anything else which may affect the situation. 1. Name/ Laura Craska Cooper / Brix Law LLP Telephone 541-693-0061 Agent---- 2. Address 15 SW Colorado Ave, Ste 3, Bend, OR 97702 3. Name and address of legal landowner if different from above: a. Name Scott R. & Carol Ann Smallwood Telephone 703-532-5563 b. Address 4614 N. Dittmar Rd., Arlington, VA 22207 4. Location of improvement, land use change or activity: County Deschutes Township 17S Range 12E Section 7 Tax Lot 171207-501 5. Scenic Waterway Deschutes River 6. Type of Improvement, change of land use or activity proposed and its purpose: 10-lot residential subdivision 7. Logging Proposal - Please complete Timber Harvest or Salvage Activities supplement sheet. _.-. tJ ! A 8. When do you want to begin? Sprinu^200mm__ How long will it take? 2-3 months for infrastructure 9 1%I Attach an 8'/ " x 11" map showing the following: (The map may be hand -drawn, need not be professional, but accuracy of detail, distance, scale, etc. is important. Appropriate photographs may be helpful.) ❑ a. North ❑ g• ❑ b. Shape, size and dimensions of the property. ❑ h, ❑ c. Location of the river and direction of its flow ❑ i. ❑ d. Principal features of terrain and vegetation ❑ j. ❑ Roads, driveways, etc. (existing and/or e' ❑ k. proposed) ® f. Existing structures and improvements 10. Complete the following where applicable: k I N A. Proposed building or structure: 1. Exterior dimensions: Length Width 2. Siding: Material and Color 3. Roof: Material and Color Well or other water supply (existing and/or proposed) Sewage disposal system (existing and/or proposed) Utility poles and lines (power and telephone, existing or proposed) Location of proposed structures, improvements or activities Nearest distance from proposal to river Height from natural grade Notification of Intent Application - 1 - 4. Architectural style: 5. How much clearing of vegetation will be necessary? 6. Does the site need leveling or grading? ❑ Yes No 7. if so, how much? g. How will excess material be disposed of? 9 Attach drawings, photographs deDocumentation should not belans of the largerthan 8%g structure I V n size!eariy show its exterior appearance o B. Road construction: 1. Width 24 ft paved Length (in feet) 2500 it used Excavator, front end loader, blade grader, asphalt roller 2. Equipment to be 3, Percent of slope Roads - t % to 7% 4. Type of surface AC pavement 5. How will the road be drained? Roads will be crowned, drain to roadside ditcheslswales 6. How will excess material be disposed of? Hauled off site 11 If the proposed improvements, change of land use or activity are not fully and clearly described In by the foregoing, attach a detailed description. t Date 12. Signature of applioantiCt a � J„ Date I 13. Signature of legal landowner S 390.805 to 390.925). You NOTICE: Legal landowner is responsible for any violations ; should not begin any regulated activity until written approve isobtained, if you have have any questions,aterway Act ORplease contact Oregon Parks and Recreation Department, 725 Summer St NE, Suite C, Salem, OR 97301. PROPOSALS RELATING TO OREGON SCENIC WATERWAYS SHOULD BE SUBMITTED DIRECTLY TO THE APPROPRIATE SCENIC WATERWAY COORDINATOR AS LISTED ON THE WEBSITE t tttr . /lbit.l Iscenicwaterways Notification of intent Application -2- §b ) / 2 h ilan§ _4 j $ 2R .y \ Q- \ « Cl) \ �. § \ V-- w m . ! R' 4 . . ..��..... ) §\ j§ R .: A I� � 11 W" ful1; kM0 P s A ^S S y ,'. �_ ` 4 .n Rot k oil �- S .a wig 3 55 t n9R big@ £_ R£; £� V cz M- i A t � 0 P f i Y ; ?it ill t 3g" m1e" PIX 1 Mg� �o �x R �4H01-- "i�� �= 1; z rq1 Fc4agy�oD lip SS��� ID n syo 15 c d YtH Rb ' 1,st w 4 z E`.#�p�$ £ ffg m£y�so�$a R€ 0 1% "�9��ag�� N$ g! s ^t rois 94 HIM! li ab �r C y�!Cyx. �bno�a Mao�>���� zyo°xo=zy Om OaybaiQ a �byC) 71 cl O b ti^I C) yz ti b °z4 b b �c x PESCxtP BY N5P [WECxEO Y1` N50.. ... ...... Smallwood +y V 5P �vM0YE0 NSD LnS� iP'i. 9�IT�M�S nLCi T 91t1f 9 .,>` P 1E 8Y. CV7 FtU14 Div:. R� �"'d Cf S �s = JUNIPER RUM D Agostino Parker, LLC .... Tentative Subdivsion Plan . .. 'ib PtxNUrt"S cp '. D4ECtX+ 9E 0.IXt K�1f1 .Peacrr xo atnwvc rnriiwe vwnuvsatai :..... -. .....: s�<ie� VARIES SNAGi p co�uweero922i9.ery Supplement to Oregon Parks and Recreation Department Notification of Intent to Make Improvements within the Oregon Scenic Waterway System Submitted by Laura Craska Cooper, on behalf of Scott R. & Carol Ann Smallwood Item No. 6: The proposal is for a 10-lot single family residential subdivision. Subdivision infrastructure construction will include underground electricity distribution lines and residential streets. Electricity will come from power poles located about 300 feet south of the property boundary. It will be conveyed underground to the Smallwood property along roads. Vaults will be under roads. Road construction will include drainage ditches for stormwater runoff. Because sewer and water will be provided on each lot via a private septic system and a private well, no other subdivision infrastructure is planned as part of the subdivision. The homes that are within the review area, together with their planned wells and septic systems, will be built at a later date and be the subject of one or more separate permits. This permit is for infrastructure construction only. The applicant will only remove vegetation as needed to install the electrical liens and construct the roads. After construction, the applicant will restore the disturbed area, likely using hydroseed spray with native grass seed. {00129427;1} Ashley Williams From: HILLMANN Laurel * OPRD <Laurel.Hill mann@oregon.gov> Sent: Tuesday, July 7, 2020 3:31 PM To: Anthony Raguine; Kyle Collins Cc: TAYLOR Trevor * OPRD Subject: Pending application at 19800 Pacific Heights Road, Bend Attachments: 2A-247-19 Juniper Rim NOI approval.pdf [EXTERNAL EMAIL] Anthony, I am writing about the pending subdivision application (247-19-000913-LL, 247-19-000914-TP) for the property located at 19800 Pacific Heights Road, Bend, Oregon. Oregon Parks and Recreation Department (OPRD) previously approved Scenic Waterway Notification 21-247-19 for the initial construction of site infrastructure only for 10-lot subdivision (NOI approval attached). Conditions of approval include that each individual property owner will need to submit a Notification of Intent (NOI) to OPRD and will be subject to the State Scenic Waterway Rules for the Middle Deschutes State Scenic Waterway (OAR 736-040-0072, OAR 736-040-0035 and 736-040-0040(1)(c)(B)). These rules include a setback for all structures and improvements (regardless of permanence) of 20 feet (or more, as determined by OPRD depending on the terrain, vegetation, proposed structures and consistency with county rules) from the rimrock along with limitations on removal of vegetation, particularly vegetation between structures and the river. It is my understanding that our former Natural Resource Specialist visited the site and examined the location of the rimrock. However, she is no longer with the agency, and regardless it may be helpful if a map showing the line of rimrock along the property was developed in consultation with the property owner, Deschutes County and OPRD. It would also be helpful to include an acknowledgement of the above referenced State Scenic Waterway Rules and a reference to the requirement to submit individual NOIs for development or modification of the landscape for each individual property (possibly these could be included within the proposed subdivision deed restrictions mentioned in the staff report). Please reach out with any questions. Sincerely, Laurel Hillmann 0REGOAI Laurel Hillmann ( Ocean Shore and Waterways Specialist I Oregon Parks and Recreation Department `STATE Cell:503.857.9000 PARKS ,., Beach/waterways/ Ip overs #oregonstateparks Ashley Williams From: Sent: To: Cc: Subject: Attachments: [EXTERNAL EMAIL] Anthony and Kyle: Liz Fancher <liz@lizfancher.com> Tuesday, July 7, 2020 2:37 PM Anthony Raguine; Kyle Collins EJE; Laura Craska Cooper Comments re 247-19-000914-TP (Smallwood Subdivision Tentative Plan) on behalf of Elkins Family Revocable Trust correctd letter to hearings officer 2020-06-30.docx; letter to hearings officer 2020-07-07.docx I've attached letters that I ask you include in the record of the above -reference matter. One letter is a corrected version of the letter I filed on June 30, 2020. It is intended to replace the original. The only changes made were to correct citations to the County code and to address the letter to the correct hearings officer. The references to attachments in the corrected letter are to the exhibits to the June 30, 2020 letter. As the exhibits have not changed, I have not filed them a second time. Thank you, Liz Fancher Liz Fancher, Attorney 644 NW Broadway Street Bend, OR 97703 541-385-3067 (telephone) CONFIDENTIALITY NOTICE: The information contained in this electronic mail transmission is confidential. This information is intended for the exclusive use of the addressee(s). If you are not the intended recipient, please notify the sender immediately by return email and you are hereby notified that any use, disclosure, dissemination, distribution (other than to the addressee(s)), copying or taking of any action because of this information is strictly prohibited. LIZ FANCHEIR, ArroZNEY July 7, 2020 WILL VAN VACTOR, HEARINGS OFFICER CIO KYLE COLLINS DESCHUTES COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 117 NW LAFAYETTE AVENUE BEND, OR 97703 Re: 247-19-000914-TP and 247-19-00913-LL I am writing on behalf of the Edward J. Elkins, Doris E. Elkins and the Elkins Family Revocable Trust (collectively referred to as "Elkins") to provide additional information to support the legal positions taken in my letter of June 30, 2020. Concerns re Possible Condition of Approval re Road Maintenance Right of Public Review The review of a maintenance covenant or agreement is a land use review. It is conducted to determine compliance with the County's subdivision ordinance and its rules regarding road maintenance. The Elkins and other parties have a right to participate in that review as a matter of State law. The case that establishes this requirement is Meyer a City of Portland, 67 Or App 274, 280, 678 P2d 741, 744 (1984). This rule was recently applied by LUBA in Gould a Deschutes County, _ OR LUBA _ (LUBA No. 2018-140, p. 34 slip opinion)(LUBA remanded decision LUBA erroneously determined did not provide for a post -hearing review of compliance with relevant approval criteria). Roads in Juniper Rim Subdivision The applicant has not provided a road maintenance agreement or covenant for the Juniper Rim subdivision roads. Such an agreement is required to achieve compliance with DCC 17.48.060.A. It requires that subdivision roads be maintained by the County, a special road district or by the subdivision's HOA. The Elkins ask if a deferred review of the agreement or covenant is allowed that they be given the opportunity to participate. They wish to assure that maintenance costs are borne solely by the Juniper Rim HOA as required by DCC 17.48.060.A and are not shifted to Elkins if they subdivide their property. -2- Roads in Pacific Cascade Heights Subdivision July 8, 2020 The applicant has been unable to enter into a cost sharing agreement with the Pacific Cascade Heights homeowners' association (PCH HOA) to assure maintenance of Pacific Heights Road. The Elkins believe the County code does not allow the County to require the Smallwoods to enter into such an agreement. The maintenance agreement requirements of DCC 17.16.105 have been met the recording of the PCH maintenance covenant. In the event the Smallwoods are nonetheless required to maintain the part of Pacific Heights Road located in the PCH subdivision, the applicant requests that it be given the right to review and comment on the agreement. Street Extension to Tax Lot 601 (Elkins) The Elkins believe that a street extension to their Tax Lot 601 (as presently configured or as adjusted to a somewhat larger size) will be needed if they choose to partition Tax Lot 601. A partition will be the most logical way to divide this property if Deschutes County interprets its subdivision approval criteria to require road maintenance of Pacific Heights Drive by subdivisions other than Pacific Cascade Heights. The Elkins and Smallwoods have negotiated an easement agreement that will allow the Elkins to access Tax Lot 601 from the Smallwood subdivision. The Smallwoods' attorney will be providing you with a copy of the agreement. We ask that the tentative plan be approved with a condition that the easement agreement be recorded concurrently with the filing of the final plat. Corrected Letter I have corrected the letter I filed with the County on June 30, 2020. 1 had incorrectly cited DCC 17.48.060, in places, as DCC 17.48.070. This incorrect citation is also used by the County in the decision approving the Pacific Cascade Heights tentative plan. Thank you for your anticipated consideration of our concerns. Sincerely, Liz TAncfter Liz Fancher 644 NW BROADWAY STREET BEND, OREGON • 97703 PHONE: 541-385-3067 FAX: 541-385-3076 LIZZ FANCHE2, ArroIRlyEY June 30, 2020 Corrected July 2, 2020 WILL VAN VACTOR, HEARINGS OFFICER C/O KYLE COLLINS DESCHUTES COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 117 NW LAFAYETTE AVENUE BEND, OR 97703 Re: 247-19-000914-TP and 247-19-00913-LL I am writing on behalf of the Edward J. Elkins, Doris E. Elkins and the Elkins Family Revocable Trust (collectively referred to as "Elkins"). The Elkins own a large tract of land zoned UAR-10 that adjoins the south boundary of the Smallwood Property.' Both the Smallwood Property and Pacific Cascade Heights were once part of the Elkins property. The Riley Ranch Nature Reserve was also once a part of the Elkins property. County Lacks Authority to Require Road Maintenance of Pacific Heights Road Pacific Cascade Heights HOA has requested that the County require Smallwood to enter into a road maintenance agreement with the PCH HOA to fund road maintenance costs for Pacific Heights Road, a public road located entirely within the boundaries of the Pacific Cascade Heights subdivision. The PCH HOA has been assigned the responsibility to maintain this road by a maintenance covenant that was recorded with the final plat of the subdivision. A copy of the covenant is included as Exhibit A of this letter. This covenant apparently served as the Road Maintenance Agreement required by the tentative plan approval of the Pacific Cascade Heights subdivision, Exhibit B (see pp. 20-21) and DCC 17.48.160.A. (erroneously listed as 17.48.170.A in the Exhibit B decision). PCH HOA claims that Smallwood must enter into a private agreement with it to maintain Pacific Heights Road in order to obtain approval of its land use application. County staff identified DCC 17.16.105 as a code provision that might support such an exaction. DCC 17.16.105, however, makes it clear the requirements of DCC 17.16.105 have been met The Elkins tract is approximately 312.39 acres comprised of the following tax lots: • Tax Lot 601, Map 17-12-07, 24.88 acres • Tax Lot 503, Map 17-12-07, 20.47 acres • Tax Lot 105, Map 17-12-18, 155.65 acres • Tax Lot 104, Map 17-12-18, 12.70 acres • Tax Lot 110, Map 17-12-18, 88.69 acres • Tax Lot 112, Map 17-12-18, 10.0 acres -2- and that the code does not require Smallwood to agree to maintain the road off -site to obtain approval of its subdivision. Section 17.16.105. Access to Subdivisions No proposed subdivision shall be approved unless it would be accessed by roads constructed to County standards and by roads under one of the following conditions: A. Public roads with maintenance responsibility accepted by a unit of local or state government or assigned to landowners or homeowners association by covenant or agreement; or C. This standard is met if the subdivision would have direct access to an improved collector or arterial or in cases where the subdivision has no direct access to such a collector or arterial, by demonstrating that the road accessing the subdivision from a collector or arterial meets relevant County standards that maintenance responsibility for the roads has been assigned as required by this section. Pacific Heights Road provides access to O.B. Riley Road, a collector street. It is a public road that may be used by any member of the public, including future lot owners in the Smallwood subdivision. The responsibility to maintain Pacific Heights Road has been assigned to the PCH HOA by a recorded covenant, Exhibit A. This covenant is in full force and effect at this time. As plainly stated in DCC 17.16.105.C, this assignment of responsibility is all that is required to meet the direct access requirement of DCC 17.16.105.A. As a result, the road is one for which "maintenance responsibility for the roads has been assigned as required" by "covenant or agreement." No other agreement or assignment of responsibility is required.' Legal Effect of Accepting PCH HOA Legal Position If DCC 17.16.105 is read to require Smallwood to maintain roads in the PCH subdivision, PCH HOA may unreasonably refuse to enter into a road agreement with Smallwood if it does not find the agreement to be "satisfactory." It appears that the PCH HOA may be headed down this path. If no agreement is reached and the hearings officer finds that maintenance responsibility for PCH roads was not "assigned," Smallwood will need to agree to maintain the road in the PCH subdivision to comply with DCC 17.16.105. 2 Deschutes County erred in approving the final plat based on the recording of a covenant that allows the PCH HOA to terminate the maintenance covenant if any PCH subdivision road is used as a public road by adjoining or nearby property owners. Road maintenance of all PCH roads was required by the tentative plan approval, Exhibit B, and DCC 17.48.160.A. Despite this error, maintenance responsibility has been "assigned." -3- This would force Smallwood to assume full maintenance responsibility for Pacific Heights Drive without contribution by the PCH HOA. This is because the PCH Covenant says it may be terminated if: "(i) upon written notice from the Owners of more than 67% of the lots in the Pacific Cascade Heights Subdivision if either of the Roads is used to gain access to real property that is not part of the Pacific Cascade Heights Property without a road maintenance agreement or covenant being in place that is satisfactory to the Owners of at least 67% of the lots in the Pacific Cascade Heights Subdivision, obligating the owners of the other real estate or Deschutes County to share in the performance and costs of improvements, repair and maintenance of the Roads; ..." This provision should not have been included in the Covenant because the tentative plan approval, Exhibit B, and the County code require the Pacific Cascade Heights HOA to maintain the roads in its own subdivision. DCC 17.48.160.A. This is why the County Road Department wisely requesting that the hearings officer require Smallwood to include the following language on the final plat of the Smallwood subdivision: "PUBLIC ROAD MAINTENANCE: THE OWNERS AND TENANTS OF LOTS PLATTED BY THIS INSTRUMENT ARE HEREBY ASSIGNED TO MAINTAIN AND REPAIR ALL PUBLIC ROADS CREATED BY THIS INSTRUMENT IN GOOD ORDER UNTIL SUCH TIME AS A UNIT OF FEDERAL, STATE OR LOCAL GOVERNMENT OR A SPECIAL DISTRICT FORMALLY ACCEPT MAINTENANCE RESPONSIBILITY FOR SAID PUBLIC ROADS ACCORDING TO APPLICABLE LAWS." Given the fact that Pacific Heights Road has been dedicated to the public, Elkins and Smallwood have a right to use Pacific Heights Road to access O. B. Riley Road without first entering into an agreement with the PCH HOA on whatever terms it dictates. The issue regarding maintenance of Pacific Heights Road will rear its ugly head again if and when the Elkins seek to subdivide their property. The PCH HOA will be able to discontinue maintaining Pacific Heights Drive. If Smallwood is allowed to sign a similar road maintenance agreement, as it has requested, Smallwood and PCH HOA will both be able to discontinue maintaining Pacific Heights Drive. If PCH HOA's reading of DCC 17.16.105 is accepted, a subdivision of the Elkins property would allow PCH HOA and Smallwood to shift the entire cost of maintaining Pacific Heights Road to the Elkins subdivision HOA.3 3 Roads created by a subdivision of the Elkins property, if public and connected to the adjoining Riley Ranch Nature Reserve park road, would surely be used by Smallwood and PCH HOA owners because they would provide the quickest route for residents to the Reserve and Glen Vista Drive. Riley Ranch Nature Reserve is a beautiful public park with river front and mountain view trails located south and west of the Elkins property. -4- Concerns re Possible Condition of Approval re Road Maintenance Right of Public Review As of this date, no specific maintenance agreement or covenant has been proposed by Smallwood to comply with DCC 17.48.060.A. for the roads or to comply with DCC 17.16.105, assuming it is found to apply. As stated in the Staff Report: "[s]taff is uncertain if the conditions of this road maintenance agreement [between PCH HOA and Smallwood] conflicts with or is otherwise relevant to the applicable approval criteria and requests the Hearings Officer to make specific findings on this issue." Staff Report, pp. 20, 27. We agree. This cannot be determined unless the terms of the agreement are known. County staff recommended a condition of approval regarding the maintenance agreement on page 27 of the Staff Report. It, correctly, requires maintenance only for the public roads in the Smallwood subdivision. Elkins asks, however, that the applicant provide this covenant or agreement for review by Elkins — without the "opt -out" provisions of the PCH maintenance covenant — during the first post -hearing comment period. That will allow it to be reviewed and commented on by Elkins and others during the rebuttal period required by the County's procedures ordinance. If the maintenance covenant or agreement is not filed by Smallwood during the first post - hearing comment period, the Elkins object to a deferred review of the agreement or covenant by the County Road Department only. The review of a maintenance covenant is a land use review to determine compliance with the County's subdivision ordinance. The Elkins and other parties have a right to participate in that review as a matter of State law. The Elkins, therefore, ask that they and other parties be given an opportunity to review any maintenance or covenant to assure that the Smallwood covenant complies with the County code. This should be a full land use review with notice to Elkins and adjoining neighbors. Contents of Smallwood Covenant or Maintenance Agreement In the event the hearings officer finds that Smallwood is required to maintain Pacific Heights Road,4 Smallwood should not be allowed to include an opt out clause in its road maintenance covenant or agreement. An opt -out clause would allow Smallwood and the PCH HOA to shift all road maintenance costs for Pacific Heights Drive to Elkins if and I've attached an aerial photograph of the area, Exhibit C and a close up of that photo, Exhibit D marked to show the location of these and other area properties. 4 Independently, if no agreement is reached between Smallwood and PCH HOA, or together with PCH HOA if a cost -sharing agreement is reached. -5- when the PCH HOA or Smallwood roads are used to access the Elkins properties. Such an opt -out clause would violate DCC 17.48.060.A that requires County or Smallwood HOA maintenance of subdivision roads in the Smallwood subdivision. It would also result in unequal treatment of similarly situated developers that is prohibited by the equal protection clause of the US Constitution (5th Amendment via 14th Amendment). Village of Willowbrook v Olech, 528 US 562 (2000)(equal protection clause applies to a class of one when different development standards are applied to similarly -situated property owners). Lack of Efficacy of Maintenance Agreement Requirement The "Opt Out" Clause of the PCH HOA Covenant allows PCH HOA to opt out of maintaining PCH roads if as property uses the public road for access. Thus, even if Smallwood and PCH HOA enter into a road maintenance agreement, PCH HOA may opt out of road maintenance if any other neighbor uses the road unless the PCH HOA covenant is amended. There are at least three additional properties that might use PCH roads for access that would allow PCH HOA to opt out of maintaining its roads. If the same clause is included in the Smallwood maintenance covenant or agreement, it will allow PCH HOA and Smallwood to opt out of their maintenance agreement as soon as it is signed because the Elkins will use Pacific Heights Road in the PCH and Smallwood subdivisions to access their properties. If Deschutes County requires the Smallwoods to provide access to the Oregon Parks & Recreation Department property (Tax Lot 502, Map 17-12-07) and that access is used by a single member of the public, PCH and Smallwood may opt out of their maintenance obligation unless the State of Oregon steps up and funds road maintenance. It is virtually certain the State will not agree to do so. The PCH road system already provides access to land owned by QRR Properties LLC (Tax Lot 100, Map 17-12-07). It this access is used by anyone, PCH may terminate its maintenance covenant. Easement Agreements Held by Elkins and Smallwood The Elkins and Smallwood properties hold easements to cross the Pacific Cascade Heights property. These easements are valid until Pacific Heights Road is dedicated and "open for use by the public" according to an easement agreement included as Exhibit E of this letter. If the PCH HOA legal position is accepted by the County, Pacific Heights Road is not yet open for use by the public — in this case nearby and adjoining landowners. The PCH HOA interpretation denies Elkins and Smallwood of access for new development unless they, in effect, purchase it from the PCH HOA. s We understand that this issue will need 5 It is clear from the Exhibit E agreement that "open for use by the public' requires more than a dedication because the agreement requires three things: (1) acceptance of -6- to be addressed and resolved in Circuit Court if the County finds that public use of Pacific Heights Road by Smallwood and Elkins is conditioned on Elkins and Smallwood purchasing access from the PCH HOA. We mention the issue because a decision that applies the County code as written will eliminate this potential dispute.6 Roadway Access to Elkins Tax Lot 601 The Elkins own Tax Lot 601, 17-12-06. The Elkins previously advised Deschutes County that they believed access to this property would not be necessary to give access to this parcel or to permit a satisfactory future division of Tax Lot 601. This was based on the assumption that the most logical development plan for the Elkins property was a subdivision of most or all of the lots. Since that time, the Elkins have reassessed their development options and believe that a more satisfactory pattern of land division would be to partition Tax Lot 601 with access from a stub street in the Smallwood subdivision. One of the factors in reaching this conclusion is that a subdivision of the Elkins property may result in requiring Elkins to assume sole responsibility for maintaining Pacific Heights Drive. DCC 17.16.105 applies only to subdivisions; not partitions. A partition, therefore, is a preferable method of dividing Tax Lot 601 and a street extension is needed to allow this to occur. As a result, the Elkins believe that a street extension should be provided to Tax Lot 601 to achieve compliance with DCC 17.36.080. Sincerely, Liz TancAzr Liz Fancher dedication of Pacific Heights Road by Deschutes County; and (2) construction of the road; and (3) opening the road for use by the public. 6 At least two of the easements mentioned in the Exhibit E agreement are noted on the face of the plat to the PCH subdivision. The intent of the Exhibit E agreement was to grant Elkins full public access to Pacific Heights Road comparable to the access provided by easements replaced by Pacific Heights Road. Under the easements, the owner of the PCH land (Brooks) was required to maintain the road with one minor exception. A copy of the relevant Brooks easement is included as Exhibit F of this letter. 644 NW BROADWAY STREET BEND, OREGON • 97703 PHONE: 541-385-3067 FAX: 541-385-3076 Ashley Williams From: Sent: To: Cc: Subject: Attachments: [EXTERNAL EMAIL] Hi Kyle and Anthony, Laura Craska Cooper <Icooper@brixlaw.com> Tuesday, July 7, 2020 3:10 PM Kyle Collins; Anthony Raguine 'Liz Fancher' RE: Deschutes County Planning Division- Staff Report for Public Hearing Regarding Files 247-19-000913-LL & 247-19-000914-TP Letter to Planner encl. Applicant's Additional Information- Smallwood (00139837xDD452).pdf My assistant is going to deliver a hard copy of our submittal within the hour because two of the pages are in color (though printing them in black and white won't diminish their utility). But I wanted to also provide an electronic copy in case that is helpful; please see the attachment. Thanks, Laura Laura Craska Cooper I Partner Brix Law LLP 15 SW Colorado Ave., Suite 3 ( Bend, Oregon 97702 T: (541) 693-0061 1 E: Icooper@brixlaw.com Web From: Kyle Collins[mailto:Kyle.Collins@deschutes.org] Sent: Monday, July 6, 2020 5:32 PM To: Kyle Collins Subject: RE: Deschutes County Planning Division- Staff Report for Public Hearing Regarding Files 247-19-000913-LL & 247-19-000914-TP All, Please note that I will be out of the office until Monday, July 13t". If you have any questions concerning this project, please note that Senior Planner Anthony Raguine will be monitoring my email during that time and should be able to provide any information needed. All the remaining open record periods remain as stated during the public hearing. Please note again that any new materials that you wish to submit into the record will need to be supplied before 5PM on the close of each period. If you wish to submit items electronically, they will need to be 20 pages or less, contain no color figures, and contain no pages which must be printed larger than 8.5" x 11". Any electronic submittals must be received by the County servers by no later than 5PM on the close of each period in order to be accepted into the record. If you have any specific questions for myself, I will respond to those when I return to the office. Regards, Kyle Collins Associate Planner ,m 117 NW Lafayette Avenue I Bend, Oregon 97703 PO Box 6005 ( Bend, Oregon 97708 Tel: (541) 383-4427 1 www.deschutes.org/cd Let us know how we're doing: Customer Feedback Survey Disclaimer: Please note that the information in this email is an informal statement made in accordance with DCC 22.20.005 and shall not be deemed to constitute final County action effecting a change in the status of a person's property or conferring any rights, including any reliance rights, on any person. From: Kyle Collins Sent: Thursday, June 25, 2020 3:53 PM Subject: Deschutes County Planning Division- Staff Report for Public Hearing Regarding Files 247-19-000913-LL & 247- 19-000914-TP Please reference the attached staff report from the Deschutes County Planning Division regarding an upcoming public hearing on June 301h, 2020 at 6:00 PM The public hearing will address the following file numbers: • 247-19-000913-LL • 247-19-000914-TP The subject files relate to a proposal for a series of property line adjustments and a tentative plan for a 10-lot subdivision at the following property: 19800 PACIFIC HEIGHTS RD BEND OR 97703 If you have any questions concerning the upcoming public hearing or the associated staff report, please contact me directly at: • Phone:541-383-4427 • Email: Kyle.Collins@deschutes.orR Kyle Collins ( Associate Planner 117 NW Lafayette Avenue I Bend, Oregon 97703 PO Box 6005 ( Bend, Oregon 97708 Tel: (541) 383-4427 1 www.deschutes.org/cd Let us know how we're doing: Customer Feedback Survey Disclaimer. Please note that the information in this email is an informal statement made in accordance with DCC 22.20.005 and shall not be deemed to constitute final County action effecting a change in the status of a person's property or conferring any rights, including any reliance rights, on any person. July 7, 2020 Will Van Vactor Deschutes County Hearings Officer C/o Kyle Collins, Association Planner Re: File Nos. 247-19-000913-LL and 247-19-000914-TP Dear Hearings Officer Van Vactor: This firm represents Scott and Carol Ann Smallwood, the `Applicant" pursuant to the above - referenced applications, and the owners of the subject property. Please accept this letter on behalf of the Applicant with additional information following the public hearing on June 30, 2020. This letter addresses six issues raised at the hearing: (I) the private air strip/airport on the site; (II) bike access; (III) road maintenance of the stretch of Pacific Heights Road to be located on the Smallwood property; (IV) access to the Oregon Parks and Recreation Department ("OPRD") property; and (V) access to Tax Lot 601 owned by Ed and Doris Elkins; and (VI) preservation of natural features. I. Private Airport(Air Stria: The prior owner of the airport/air strip has decommissioned it, and, accordingly, it is no longer a functioning airport/air strip. Enclosed (ITEM 1) please find the "Notice for Construction, Alteration and Deactivation of Airports filed by Mr. and Mrs. Elkins with the Federal Aviation Administration, U.S. Department of Transportation in December of 2017. II. Bike Access: As noted in the hearing, the remote location of the property and the fact that the ODPR property immediately north of the Smallwood property is intended for conservation and not recreation means that neither a dedicated bike trail nor a dedicated bike land is necessary. Please see the enclosed letter (ITEM 2) from the project's transportation engineer, Joe Bessman, on this subject. III. Road Maintenance of Pacific He ghts on the Smallwood Property: The Applicant proposes to execute a road maintenance covenant in the form enclosed (ITEM 3) with this letter. Such maintenance covenant would obligate the owners of lots within the subdivision to be responsible for maintenance of the stretch of Pacific Heights Road on the Smallwood property to County Road Standards. Since the Smallwoods intend to create a homeowners' association that will be responsible for such maintenance, the maintenance covenants does not obligate the owners themselves to maintain the road unless the owners' association does not do so. {00139810;2) D/. : As noted at the hearing, in correspondence from the Oregon Parks &Recreadon Department, and in Applicant's prior submission, OPRD does not want a road to be stubbed to the OPRD land. Such a road would be contrary to the statement purpose of the property (conservation) and might encourage trespassing that could damage sensitive ecosystems, harass wildlife, or lead to fires and the dumping of garbage. The OPRD has indicated no intention to divide the property, and the only access desired is for inspection, maintenance and safety purposes. To that end, the pa/ties have agreed upon the tmrnnn and form of an access easement for these purposes. Such agreement is subject only to final approval by the Oregon Parks &Recneotion Commission, which does not meet again until September, at which point OPRD staff anticipates approval from the Conmnnission. The form of the easement, together with confirmation oyits acceptability to OPRD, is enclosed (ITEM 4). In the event that the Hearings Officer determines that road is necessary over the Smallwood's property to the OPRD property, the Applicant requests that the Hearings Officer only require an easement or a dedication substantially concurrently with recordation of the plat, but not construction of road $o that the road does not have to be built unless and until it will actually be used. V. Access to Tax t 6 1, Owned bv Ed and Doris ElkinN Until the hearing on ]une 30, Mr. and Mns. Elkins had indicated they did not want a road to be stubbed from the SrnaUvvnod's property toTax Lot601. However, at the hearing, in written and oral testimony from their lawyer, the Bkinseschanged their minds and expressed a desire for such a road. The Bkinsessaid they could imagine a scenario in which a partition, rather than a subdivision might be desirable. In that case, separate access to Tax Lot6O1 would be necessary. The Bkinses and the SnoaUwoodsogree that stubbed road is not needed atthis time. As m result, the parties have agreed to an easement agreement that grants the BWnneo a road easement, provides for cost -sharing if the Elkinses ever elect to construct the road, and obligates the Smallwoods to dedicate the road, if requested by the E|k|nees. A copy of the agreed -upon document is enclosed (ITEM 5). The Applicant vvnu|d agree to o condition of approval requiring the full execution of such agreement prior to recordation of the final plat and recordation of the easement substantially concurrently with recordation of the plat (as the plat must be recorded to create the lot that will be subject to the easement). A copy of the site plan, showing the proposed location of the easement is also enclosed (ITEM 6). VI. Preservation f Ratural Features. As noted at the hearing, the Applicant has proposed a number ofmeasures, to be memorialized in the declaration of covenants, conditions and restrictions to be recorded against the Snna||vvond property, which measures will help to preserve the natural features of the property, including the canyon rim. Staff noted that Title 19 of the County Code does not define "rinnrock", "canyon" or "canyon rim." The Applicant proposes that the County adopt a condition of approval defining "rimrock" by reference to the definition given to it in Title 18, DCC 18-04: "Rinnrock" nncons any ]edge, outcropping or top or overlying stratum of rock, which forms a face in excess of45 degrees, and which creates or is within the canyon of the following rivers and streanns: (1) Deschutes River, (2) Crooked River, (3) Fall River(4) Little Deschutes River (5) Spring River(6) Pauiina Creek (7) VVhychus m01398m;21 Creek and (8) Tumalo Creek. For the purpose of DCC Title 18, the edge of the rimrock is the uppermost rock ledge or outcrop of rimrock. "Canyon rim" would then be defined as the top of the rimrock, as defined by DCC 18.04, and the canyon would be everything below the rimrock. The Applicant proposes that such condition of approval would require the owner of each lot to utilize a surveyor or architect to identify and stake the rimrock in front of the proposed building envelope. Prior to granting a building permit for the home, the County would confirm the lot owner's identification of the applicable rimrock with an on -site visit by the building department official or, at the building department's election, a County planner. The County may apply a reasonable inspection fee in connection with such confirmation inspection. To ensure that the measures proposed by the Applicant to preserve the rimrock, the canyon and natural vegetation remain, the Applicant has proposed that the measures may not be revoked or amended without approval of the director of current planning for Deschutes County. If the Hearings Officer believes it appropriate, the Applicant would also agree to a condition granting the County enforcement authority over such provisions. The Applicant also notes that the subdivision will contribute to the orderly development and land use patterns in the area. Given its UAR designation and proximity to the City, the site is a natural transition from the more urban development in the City and the more rural nature of the County. The proposed low density development is exactly the type that is envisioned by the UAR zone. The extension of Pacific Heights Road will allow further development and provide additional connectivity in the area. The extension of power to the site will also allow further development in the area in the future. In addition, developing this site to the west of the existing Pacific Cascade Heights subdivision is a natural progression of development in the area just outside the City of Bend. VII. Conclusion: For the reasons set forth herein and in the Applicant's other submissions and at the hearing, the Applicant respectfully requests approval of the application as proposed. Sincerely, t, if (a r � �f Laura Craska Cooper {00134810;2} t -5. ?epa finent of?ran partation OMB CONTROL NUMBER: 2120-0036 Federal Fiviahaai Administration EXPIRATION DATE: 6/30/2019 NOTICE FOR CONSTRUCTION, ALTERATION AND DEACTIVATION OF AIRPORTS A. Airport Owner O Check if this is also the Properly Owner B. Airport Manager (Complete if different than the Airport Owner) ) 1. Name and Address 19 Check if this is the Airport's Physical Address 1. Name and Address ❑ Check if this is the Airport's Physical Address Edward J. Elkins 63613 O. B. Riley Road Bend, ORegon 97703 i 2. Phone 3. Email 541-389-9662 thumper2@centurylink.net C. Purpose of Notification (Answer all questions that apply) 1. Construct or ❑ Airport ❑ Uitralight Firghtpark ❑ Balloonporl Establish an. ❑ Heliport ❑ Seaplane Base ❑ Other 2. Construct, Alter i ❑ Runway ❑ Helipad(s) ❑ Other or Realign a: i Taxiway (Public Use Airports only) 3. Change Status ❑ VFR to IFR - ❑ IFR to VFR Fromlro ❑ Private Use to Public Use ❑ Public Use to Other ❑ Direction .,.,.._._ _._. _ ... .__._... 4. Change Traffic ❑ Altitude (select from below) ❑ 1500 AGL (turbo) ❑ 1000' AGL (prop) Pattern: ❑ 500 AGL (help) ❑ Other (Describe Below) 5. Deactivate: ❑X Airport ❑W RY ❑TWY 6. Description: Property being sold for residential development. 2. Phone 13. Email D. Name, Location, Use and Type of Landing Area 1 Name of Landing Area 2. Loc ID (tor existing) Gopher Gulch OR29 3. Associated City and State 4. Distance from City Bend, Oregon 2.9 (nm) 5. County (Physical Location) 6. Direction from City Deschutes NNW 7. Latitude 8. Longitude 9. Elevation 44 6 410,2200 121 20 2.1210 3480 10 Current Use: 0 Private ❑ Public ❑ Private Use of Public Lands 11. Ownership: w Private ❑ Public ❑ Military (Branch) ❑X Airport ❑ Ultralight Flightpark ❑ Bailoonport 12. Airport Type: ❑Heliport ❑Seaplane Base ❑Other E. Landing Area Data (List any Proposed. New or Unregistered Runways, Helipads etc.) 1, Airport, Seaplane Base or Ultralight Fiightpark (use second page if needed) 2 Heliport, Balioonport or other Landing Area (use second page ff needed) RWY ID , 1 / Helipad ID Lat. & Long. Show on attachment(s) Show on attachment(s) Lat. & Long. Show on attachment(s) Show on attachment(s) Surface Type ( Surface Type Length (feet) TLOF Dimensions Width (feet) FATO Dimensions I _. _ _ _-- - - - - ------ Lighting (if any) --- I Lighting (if any) i Right Traffic 1/ / Ingress/Egress (Degrees) "IN Elevation IShow on attachment(s) Show on attachment(s) Elevation (AMSL) ; Show on attachment(s) Show on attachment(s) Al VFR or IFR ' / ! Elevated Height (AGL) F. Operational Data (Indicate If the number provided is Actual or Estimated) 1. Number of Based Aircraft 2. Average Number of Monthly Landings Present or Estimated Estimated in 5 Years Present or Estimated Estimated in 5 Years 4. Are IFR Procedures for the Airport Anticipated? []Yes []No. if Yes, within years G. CERTIFICATION: I hereby certify that all of the above statements made by me are true and complete to the best of m} knowledge. 1. Name, title of person filing this notice (type or print) 2. Si ,atu in mk Edward J. Elkins Owner - �- 3. Date 4 Phone 5. Email Doris E. Elkins Owner Z 541-389-9662 thumper2@centurylink.net FAA Form 7480-1 (10r17) SUPERSEDES PREVIOUS EDITION I dimi �z TRAN S I G HT CO N S U LTI N G, LLC Transporlaiion Engineering and Planning Services Date: July 7, 2020 To: Will Van Vactor, Hearings Officer From: Joe Bessman, PE Project Reference No.: 1335 Project Name: Smallwood Estates The purpose of this memorandum is to provide a formal response to the staff report comments on the Smallwood Estates project in Deschutes County north of Bend City limits. The project is located at the western terminus of Pacific Heights Road and includes a ten -lot residential subdivision. Within the staff report staff questions whether the location of the site adjacent to Tumalo State Park land should require bicycle connectivity to comply with Deschutes County Code (DCC)17,36.140: Pedestrian and Bicycle Circulation within Subdivision A. The tentative plan for a proposed subdivision shall provide for bicycle and pedestrian routes, facilities, and improvements within the subdivision and to nearby existing or planned neighborhood activity centers, such as schools, shopping areas and parks in a manner that will: 1, Minimize such interference from automobile traffic that would discourage pedestrian or cycle travel for short trips, 2. Provide a direct route of travel between destinations within the subdivision and existing or planned neighborhood activity centers, and 3. Otherwise meet the needs of cyclists and pedestrians, considering the destination and length of trip. The staff report notes that the property is adjacent to Tumalo State Park lands managed by Oregon Parks and Recreation or Riley Ranch Nature Reserve which is managed by Bend Parks and Recreation District. As discussed at the project hearing, while the project is located adjacent to lands managed by Oregon Parks and Recreation, this portion of the lands is not the publicly accessible portion of Tumalo State Park and there are no plans to make this an active site. As included within the Oregon Parks and Recreation letter these lands surrounding the Deschutes River canyon have been identified for conservation and natural open space. Riley Ranch Nature Reserve is an active park site managed by Bend Parks and Recreation District south of the subject property with vehicular access from Glen Vista Road. Similar to OB Riley Road, this facility is classified as a City of Bend Major Collector, which will include striped bicycle lanes or a multiuse pathway as urban development occurs (separate bicycle lanes are unnecessary today given the low volumes along this rural route). Bicycles are not allowed within the Riley Ranch park boundaries, and the only public connection into the park is provided from the Glen Vista Road entrance. The public portion of both parks are accessed from OB Riley Road, which contains marked bicycle lanes throughout its length and is a designated Bicycle Route (see Figure 1). The map shows the proximity of the parks to this route. Accordingly, as both parks are provided public access from the connections to OB 133SACTIVITYCENTER Smallwood Estates Riley Road, the critical connectivity issue is whether Pacific Heights Road should require separate bicycle lanes to link area residents with the bike routes. Figure 1. Deschutes County Bicycle Routes ("All Deschutes County Bicycling Guide") t i ,,r,.. f(t h�,<'a d t�Fi"•5 �a Cdt%7f� ', �wbE %��; �, r�'�E t=t'�'.571 r°e �M ffl trr C%,tC ft k�i it l,� Source Pacific Heights Road only serves a limited number of residences (14 today and 24 with the proposed subdivision). Based on standard trip rates this would support approximately 140 weekday daily trips today and approximately 240 daily trips following build -out, equating to one vehicle in either direction every two and a half minutes during the busiest hour of the day. The local street designation remains appropriate and as such cyclists will be supported within the low -speed shared use environment. As noted within the staff report: "Staff would note that separate bikeways or bike lanes are not warranted, nor required for local roads." Accordingly, a complete bicycle connection is provided to the nearby activity centers/parks at Tumalo State Park via the connection to OB Riley Road, and similarly, a connection is available to Riley Ranch Nature Reserve. Duplicative pathways along Pacific Heights Road or bicycle lanes are unnecessary to meet Deschutes County Code requirements along the low speed and low -volume local roadways. Please let me know if you have any questions on this response at (503) 997-4473 or via email at Page 2 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Brix Law LLP 15 SW Colorado Ave, Suite 3 Bend, OR 97702 Attn: Laura Craska Cooper ROAD MAINTENANCE COVENANT This Road Maintenance Covenant (this "Covenant") is made this _ day of 2020, by Scott Smallwood and Carol Ann Smallwood (collectively, "Declarant"), as the owner of the real property subject to the Plat (as defined below). Declarant owns certain real property in Deschutes County, Oregon known as Juniper Rim Subdivision (the "Subdivision") as per the final plat (the "Plat") recorded as Document No. , Records of Deschutes County, Oregon (the "Property"). Declarant desires to dedicate Pacific Heights Road as shown on the Plat (the "Road") to Deschutes County, and Deschutes County requires this Covenant as a condition to Deschutes County's approval of the dedication of the Road. COVENANT NOW, THEREFORE, Declarant declares that the Property is hereby subjected to this Covenant, as follows: 1. Construction of Road. Declarant has or will construct the Road in accordance with Deschutes County Road Standards and all applicable Legal Requirements (as defined below). 2. General Oblations. At their sole cost and expense, the owners of lots in the Subdivision (the "Owners") will improve, repair and maintain the Road in good condition and repair to (and consistent with) applicable Deschutes County Road Standards and all other applicable Legal Requirements (the "Work"). Declarant shall be Owner for each lot until sold to a third party. In connection with the Work, and without otherwise limiting the generality of the immediately preceding sentence, the Owners will: (a) Maintain the Road in good, passable condition under all traffic and weather conditions (including, without limitation, maintenance of appropriate drainage facilities); (b) Fill chuck holes, repair cracks, repair and resurface roadbeds, repair and maintain drainage structures, remove debris, maintain signs, markers, striping, and any other work necessary or appropriate to improve, maintain, repair, and preserve the Road for all weather road purposes; and (c) If all or any part of the Road becomes damaged or destroyed, promptly repair and/or restore the same. 3. Com pIr iance with al Requirements. The Owners will perform the Work in accordance with any and all applicable Legal Requirements and will obtain and maintain any and all licenses, permits, registrations, and other governmental authorizations required to perform the Work, including, without limitation, a permit for working in a public right of way from the City of Bend or Deschutes County, whichever governing body then has jurisdiction. For purposes of tis Covenant, the term "Legal Requirements" means any and all applicable federal, state, county, laws, rules, regulations, codes, and ordinances, including, without limitations, Deschutes County Road Standards, all as now in force or which may hereafter be amended, adopted and/or established. 4. Assignment to Owner's Association. Notwithstanding anything contained in this Covenant to the contrary, Declarant has assigned, or intends to assign, the obligations to maintain the Road in accordance with this Covenant to the Juniper Rim Homeowners Association (the "Association"). Accordingly, so long as the Association performs such maintenance, the Owners need not, though the Owners will pay for such maintenance through assessments under the Association's declaration of covenants; conditions and restrictions. However, if the Association fails to perform such maintenance, the Owners are jointly and severally liable for such maintenance pursuant to this Covenant. 100139702;1} 1 5. Termination. This Covenant may not be terminated unless and until either: (a) the Deschutes County Road Department consents to such termination; or (b) Deschutes County accepts maintenance obligations with respect to the Road. 6. Miscellaneous. 6.1 Successors and Assigns. This Covenant shall run with the land and be binding upon Declarant and its successors and assigns who own any of the lots in the Subdivision. 6.2 Amendment and Further Assurances. The Covenant may only be amended by an instrument in writing recorded in the real property records of Deschutes County. 6.2 Governing Law and Entire _Covenant. This Covenant will be governed by, construed and enforced in accordance with the laws of the State of Oregon and venue for any action concerning this Covenant will be in Deschutes County, Oregon. IN WITNESS WHEREOF, Declarant has caused this Covenant to be executed and effective on the date first written above. DECLARANT: Scott Smallwood Carol Ann Smallwood STATE OF ) ss. DESCHUTES COUNTY ) The foregoing instrument was acknowledged before me this _ day of _ _____ 2020, by Scott Smallwood. Notary Public for Oregon My Commission Expires: STATE OF ss. DESCHUTES COUNTY ) The foregoing instrument was acknowledged before me this _ day of 2020, by Carol Ann Smallwood. Notary Public for Oregon My Commission Expires: {00139702;1} IL of a Laura Craska Cooper From: WHITCOMB Ladd * OPRD <Ladd.Whitcomb@oregon.gov> Sent: Monday, July 6, 2020 1:53 PM To: Eric Taylor; Laura Craska Cooper Cc: BETHERS Susan * OPRD Subject: Easement to OPRD - Smallwood 247-19-000913-LL,19-914-TP Attachments: Access Easement for Inspection and Maintenance (Smallwood to Oregon Parks Recreation) (00139762xDD452).pdf Eric, OPRD approves the format of the attached easement/maintenance agreement with the Smallwoods. As mentioned, this is subject to approval by our commission in September. Thanks, Ladd Ladd Whitcomb I Property Unit i TAT 725 Summer St. NE, Suite C, Salem, Oregon 97301 E'A Desk: 503.986.0630 1 Cell: 503.508.6687 1 After Recording Return To: Brix Law LLP 15 SW Colorado Ave., Suite 3 Bend, OR 97702 Attn: Laura Craska Cooper ACCESS EASEMENT AND MAINTENANCE AGREEMENT This Access Easement and Maintenance Agreement (this "Agreement") is made as of this _ day of _ 2020, by Scott Smallwood and Carol Ann Smallwood (collectively, "Grantor"), in favor of the State of Oregon acting through the Oregon Parks and Recreation Commission on behalf of the Oregon Parks and Recreation Department ("Grantee"). RECITALS A. Grantor is the owner of that certain real property in Deschutes County, Oregon, described on the attached Exhibit A ("Grantor's Parcel"). B. Grantee is the owner of certain adjacent real property in Deschutes County, Oregon, described on the attached Exhibit 13 ("Benefited Parcel"). C. Grantor has agreed to grant to Grantee an easement for the purposes of access to Benefited Parcel, in accordance with the terms contained herein. D. Grantor and Grantee are sometimes individually referred to herein as a "Party" and collectively as the "Parties." AGREEMENT NOW, THEREFORE, in consideration of the grant of easement, the terms, covenants and conditions hereof, and other good and sufficient consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: 1. Grant of Easement. Grantor hereby grants to Grantee a perpetual and non- exclusive easement over, across and through a twenty (20) foot wide strip of land over Grantor's Parcel substantially in the location depicted on the attached Exhibit C (the "Easement Area") for pedestrian and vehicular access to the Benefited Parcel solely for the purposes of allowing Grantee's employees and contractors to inspect and/or maintain the Benefited Parcel and for emergency services purposes. 2. Imp_r_ovements. Grantee shall have the right to improve the Easement Area as reasonably necessary to provide pedestrian or vehicular access for the purposes described in Section 1; provided, however, Grantee shall limit grading to the minimum extent reasonably necessary, and no hard surface, such as asphalt or concrete, shall be installed. In no event shall Grantee permit any construction liens to attach to the Easement Area. 3. Maintenance. A. Each Party shall be solely responsible for promptly maintaining, repairing and replacing any damage to the Easement Area or any improvements within the Easement Area caused by that Party ("Party Damage"). B. Except for Party Damage, which shall be addressed pursuant to Section 3.A. above, either Party may, at its sole cost, perform any maintenance or repair to the Easement Area or the improvements, if any, located within the Easement Area. (00139594;3}2. Page I of 6 4. Relocation. Grantor shall have the right to relocate the Easement Area from time to time, provided the new location gives comparable access to the Benefited Property and, provided further, if Grantee has improved the Easement Area, then Grantor, at Its sole cost, shall assure that the new location of the Easement Area is similarly improved. 5. Successors and Assigns. This Agreement shall run with the land and shall benefit and be binding upon and inure to the benefit of each of the Parties and their respective successors and assigns. 6. Enforcement. This Agreement shall be governed by and construed in accordance with the laws of the state of Oregon. Venue shall be in the courts of Marion County, Oregon, to which Grantor and Grantee submit to jurisdiction. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first set forth above. Grantor: Scott Smallwood Carol Ann Smallwood STATE OF ) )ss. County of ) This instrument was acknowledged before me on 2020, by Scott Smallwood. Notary Public for Oregon My Commission Expires:. STATE OF OREGON ) )ss. County of ) This instrument was acknowledged before me on , 2020, by Carol Ann Smallwood. Notary Public for Oregon My Commission Expires: {00139594;3} 34-+ Page 2 of 6 Exhibit A Grantor (Smallwood) Parcel A Tract of land containing Parcel 1 of Minor Land Partition MP-80-70, and portion of Parcel 1 of Major Land Partition MJP 79-8 located in the South 1/2 of Section 7, Township 17 South, Range 12 East, W.M., Deschutes County, Oregon, also being a portion of Tract 2 of Lot line Adjustment (LL-18-05) described in Bargain and Sale Deed 2018-13332 recorded in the Deschutes County Official Records; all as described in Statutory Warranty Deed from Edward J Elkins and Doris E. Elkins, Trustees or the Successor Trustee of the Elkins Family Revocable Trust UTD 4/19/11 to Scott R. Smallwood and Carol Ann Smallwood as tenants by the entirety, recorded June 29, 2018 as document no. 2018-026639, Deschutes County Official Records. Exhibit B Grantee (Benefited) Parcel Oregon State Parks Dept. All that portion of the Southwest Quarter of the Northeast Quarter, and portion of the Southeast Quarter of the (Northwest Quarter, of Section 7, Township 17 South, Range 12 East, W.M., Deschutes County, Oregon, lying east of the centerline of the Deschutes River. mm EXHIBIT C Easement Area Depiction - 71T 0AI ! !, Oregon 1ksln�, Rec PePt,_ "S.BQ°373111E 1084.811 Bou�rc�ary/ \` _ _,3450- 2O' wide -to -Oregon. ��--� i1 Lot/ �f i ` `/ State Parks 11 /,//lam. ljj�li� tl �I I � �'f�/ Ijlr /� N , / / Tax Oarce1171207 501 lilt-,� � , ,Proposed, ,Tfiriipe�r P.im Subdiv_sion,, LotI✓ir! r� \ �i ,� / -' //! ',lam' 1,� Viso `' -- -"' �....� r -- 1 ! � / / �� ♦ � � '/wideAyceSS PM&It N sed�w��ic\�\� load r/w f ti" / 1 itT 100 20 FIEI -- f INC,-, Li00,1F1 ♦ `� EGISTEREO J lFi"E'C:C]N JUNE 1, 1998 TH S. DAGOSTINO ESC�lUTES 2885 Gnlw 1 m EXHIBIT C Juniper Rim Subdivsion Access Easement and Maintenance Agreement IYAgostino Parker, IL BENDKING R 9JEROBOAM AVE. P:i5411693-4134 L 0 T2EASEMEN T070320. D WG 0 CERTIFICATE OF APPROVAL OF CONVEYANCE (ORS 93.808) The State of Oregon, acting through the Oregon Parks and Recreation Commission on behalf of the Oregon Parks and Recreation Department, hereby approves and accepts, pursuant to ORS 93.808, the conveyance of an easement from Scott Smallwood and Carol Ann Smallwood to the State of Oregon, the real property described in the easement to which this Certificate is attached. DATED this day of .__„__Y___ 20 State of Oregon, acting by and through the Oregon Parks and Recreation Commission on behalf of the Oregon Parks and Recreation Department By: Name: _ Lisa Sumption Title: Director, Oregon Parks and Recreation Department ACKNOWLEDGEMENT STATE OF OREGON } } ss. County of Marion ) This instrument was acknowledged before me on this day of , 20 by Lisa Sumption as the Director of the Oregon Parks and Recreation Department and authorized representative of the Oregon Parks and Recreation Commission, acting under authority granted to her by the Commission. Notary Public for Oregon My Commission Expires: {00139594;2} Page 6 of 6 After Recording Return To: Edward 3. Elkins 63613 • w Riley• d Bend, Oregon 97703 ROAD, ACCESS AND UTILITY EASEMENT AGREEMENT This Road, Access and Utility Easement Agreement ("Agreement") is dated this _ day of 2020 by and between Scott R. Smallwood and Carol A. Smallwood ("Smallwood") and Edward J. Elkins and Doris E. Elkins, Trustees or the Successor Trustee of the Elkins Family Revocable Trust UTD 4/19/11 ("Elkins"). Smallwood and Elkins shall be referred to hereafter collectively as the "Parties." RECITALS A. Smallwood is the owner of the real property in Deschutes County, Oregon that is legally described as Lot 9, Juniper Rim, as shown on the plat recorded at (the "Smallwood Property"). B. Elkins is the owner of the real property in Deschutes County, Oregon that is legally described as follows (the "Elkins Property"): ______.__ __— __• C. The Smallwood Property and the Elkins Property are adjacent to each other, and Elkins has requested access to the Elkins Property over the Smallwood Property, Specifically, Elkins has requested an easement and an agreement to dedicate the right of way for a road in the event Elkins needs it in the future to develop the Elkins Property. Smallwood has agreed on the terms and conditions contained herein. D. The Smallwood Property and the Elkins Property are sometimes hereinafter referred to individually as a "Property" and collectively as the "Properties." AGREEMENT For good and valuable consideration, including the mutual promises set forth herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Recitals. The Recitals set forth above are hereby incorporated as material terms of this Agreement. 2. Grant of Easement: Future Dedication. Smallwood hereby grants to Elkins and their successors and assigns a perpetual, non-exclusive road, access and utility easement (the "Easement") to, through and across the Smallwood Property in the alignment depicted on Exhibit A attached hereto (hereafter, the "Easement Area"). The Easement Area shall be sixty feet (60') in width and in all events shall be of a sufficient alignment and configuration to satisfy the requirements of Deschutes County, Oregon. In the event the owner of the Elkins Property or any portion thereof desires to improve the Easement Area to Deschutes County standards and dedicate the Easement Area to the public, the owner of the Smallwood Parcel shall cooperate in such dedication and execute any and all documents and instruments reasonably necessary or appropriate to give effect to such dedication. In addition, the owner of the Smallwood Property shall promptly reimburse the owner of the Elkins Property for one-half of the reasonable cost of constructing such road. The grant of Easement herein shall benefit any future division or partition of the Elkins Property and the Smallwood Property to the extent a land division or partition is legally permissible under applicable zoning rules. (00139722;3) 1 l 3. Usee of the Easement Area. The Easement Area may be utilized by Elkins and Smallwood, together with their respective, tenants, lessees, licensees, successors and assigns, and each of their respective agents, invitees, customers, vendors, contractors, subcontractors, employees and their successors and assigns (collectively, the "Permitted Users") for any form of ingress and egress to the Properties and for the placement and maintenance of underground utilities. Additionally, Smallwood shall have the right to utilize the Easement Area for any uses or purposes that do not unreasonably interfere with the Easement granted hereunder. 4. $cppg c d Duration. The Easement granted herein shall be perpetual in duration, binding the Parties, their respective heirs, successors and assigns. The Easement shall run with the land and remain appurtenant to the Elkins Property in perpetuity. 5. Road Construction.,and, Maintenance. Elkins may construct a private or public road in the Easement Area, and Smallwood shall promptly reimburse one-half of the reasonable construction costs associated with such road. Smallwood may construct a driveway serving the Smallwood Property within the Easement Area at Smallwood's sole cost. After the initial construction and until dedication to the public and acceptance by the applicable public body for maintenance, each of the Parties shall share equally the reasonable costs and expenses incurred in connection with the repair and maintenance of the paved roadway located within the Easement Area, 6. Indemnity. Each Party (the "Indemnifying Party") agrees to indemnify, defend and hold the other Party harmless for, from and against any loss, claim or liability arising out of or related to use of the Easement Area by the Indemnifying Party and/or its Permitted Users. 7. Default. If there is a failure by any of the Parties (the "Defaulting Party") to perform, fulfill or observe any agreement contained within this Easement, the non - defaulting Party may, at its election and after 30-days advance written notice to the Defaulting Party, cure such failure or breach on behalf of the Defaulting Party. Any amount which a non -defaulting Party shall expend for such purpose, or which shall otherwise be due by the Defaulting Party to another Party under any of the terms of this Declaration, shall be paid to the Party to whom it is due on demand, without contest, upon delivery of its invoice, together with interest at the lower of (1) the rate of twelve percent (12%) per annum, or (2) the maximum rate permissible from time to time under applicable law, from the date of the expenditure or the date when it shall have become due to the date of payment in full. The provisions of this paragraph shall be in all respects subject and subordinate to the lien of any mortgages or deeds of trust at any time or from time to time on the land of the Defaulting Party and the rights of the holder or holders of any mortgages or deeds of trust. 8. Reresentation of Authority. Each of the Parties warrants and represents that they are the fee simple owner of the individual property attributed to their ownership in Recital A-B above and that such individual party has the legal authority to execute this Agreement and bind their individual Property. 9. Attorney Fees. In the event a suit, action, arbitration, or other proceeding of any nature whatsoever, including without limitation any proceeding under the U.S. Bankruptcy Code, is instituted, or the services of an attorney are retained, to interpret or enforce any provision of this Agreement or with respect to any dispute relating to the Easement or this Agreement, the prevailing party shall be entitled to recover from the losing party its reasonable attorneys', paralegals', accountants', and other experts' fees and all other fees, costs and expenses actually incurred and reasonably necessary in connection therewith. In the event of suit, action, arbitration, or other proceeding, the amount thereof 100139722;31 4 shall be determined by the judge or arbitrator and shall include fees and expenses incurred on any appeal or review, and shall be in addition to all other amounts provided by law. Elkins Smallwood: Edward I Elkins, Trustee Scott R. Smallwood Doris E. Elkins, Trustee Carol I Smallwood Dated: , 2020 Dated: , 2020 STATE OF ss. COUNTY OF _ ) The foregoing instrument was acknowledged before me this _ day of 2020, by Scott Smallwood. Notary Public for Oregon My Commission Expires: STATE OF ss. COUNTY OF_-, ) The foregoing instrument was acknowledged before me this day of 2020, by Carol Ann Smallwood. Notary Public for Oregon My Commission Expires: STATE OF ) ss. DESCHUTES COUNTY ) The foregoing instrument was acknowledged before me this _ day of 2020, by Ed Elkins and Doris Elkins, trustees or successor trustees of the Elkins Family Revocable Trust UTD 4/19/11. Notary Public for Oregon My Commission Expires: {00139722;3} 3 EXHIBIT A DEPICTION OF EASEMENT AREA (See attached map) {00139722;3} `t --- ----- --- MINE— ♦ ,� is 1� v� I tiv K;: VIP Desch�i.Y u l ,�� jwi�..-;.s y e. +T-.+�.�-�...Ir—•'kS i Vet 3: .:»^,t r t ,Y n�i er+a_c "r�4_s�iJiay� ,_r? t ♦ x 3f yr }now, 1 `Ts ?"4`,,,k•it'� �>' r "a' 5 in i Y ti. s� 1 tI Napo v tE ]i f ,, �rsr�< Yv��!#%"i: 3 tae: 44 TVs , A 1 _ is P., t�. ,I', t ri{ i �^ '' li �i_.'"l�' /••'^�. N 4 a�\\ir. tt I GAP 1 ��--�f•.7---•�, 1 ^ ice•• ` -sr ; t/,� 0 z oldfly 01 v i f i tt�v ° I . A. t'�tt r- v , r v i rr ^ �'' ♦' ' t lAt i yv'1 _ a,^-_ __--Yl�.'_-.�_ $ � � IA ; p6 �yi'• �� ,+1�M ,��'1 t_/ 1 �1 �,j ` ♦` ,1� ryti MIT Ly. w�y^y.y�. - '�"�' Se_ ♦�-. O /� I \♦ v V ,y� v V , h '�', v\ "�f ti �Y!' i I / v,.. s' t ; \ 4y/P, v 1%,I\\ Lk IN(p i,_��\/y ♦! c'\ �..� ._..��� �� i' t�., i't t��/ t Jnt Y % _�� v♦cam%? PIANO ti� ; . v � a � �. � 1. ��; � � � ,p't r, �- �'''�� ►, .� � � �; � / = - Ugpg r F.. .?' uc- �.It i 4.F/y >.. 'R'1 �.�i•�♦ `� ` ram` ♦\v �'m..^ _ t'',; r w t t't".'"..��.IDW�ZiJ ?'•�!1 \\ �1\ \ 1 rr P �� \tv\♦. , /ate`? ' CZC ate° r .t _....t40' . +'ar � -� �. '�d'" I♦�_ I C'��1+v.'A'4��►. �.�lA�� \�' � iT� _ r� i �'- ,,�..'�' � �•'tY'� 1I �y `;-. I• � i - r r a .,�+•,_�" .y3'\ ;w � �s T.11b `.".^- f fr--' \ = \ ;l ^ 4�s000wtaysrs—` ��r? y t `"mil �`u IT, aUv, ' P McOkSOjv�DE'I ; " �IEIGHTS �5 > > j�,.^'/� \I rY Ir v li rIL i1.1 1r1-.1. 1 F. _ ♦ \ , FFFi'IE i I t /'o W . t�/yr '\-0 ',.t\\ ; y. I ,�l r. �� nvraolo JUMPER RIM DAgwlmo Parker LLC >02p ao. oar _QJr,���� Tentative Subdivision Plan ^� V OIE: BY s',j R£N9Qv IXD'"_' i Mi y �} ...R1m;wraxnvF. I 0.GIYxG FlIE NYNE: icvva. •.rno .mr'.u`�ie''iu.°ni. SCALE.I`=100' :, PA Mot HO.: sonar rPoxol2o.OtrC w.xp.mncsn�m 1 0; 1 4 -L-ttm ? Ashley Williams From: Brittany Hedgpeth <brittany@francishansen.com> Sent: Tuesday, July 7, 2020 4:17 PM To: Kyle Collins; cdd-webmaster Cc: Michael McGean Subject: Application of Scott & Carol Ann Smallwood; 247-19-000913-LL: 247-19-914-TP Attachments: Deschutes County 7.7.20.pdf [EXTERNAL EMAIL] Mr. Van Vactor, Attached please find correspondence sent on behalf of Mr. McGean with regard to the above -referenced matter. Thank you. Brittany Hedgpeth, Legal Assistant FRANCIS HANSEN & MARTIN LLP 1148 NW Hill Street Bend, OR 97703 P: (541) 389-5010 F: (541) 382-7068 www.francishansen.com NOTICE: This email may contain material that is confidential, privileged and/or attorney work product for the sole use of the intended recipient. If you have received it in error, please notify us and then delete this email. MARTIN E. HANSEN* MICHAEL H. MCGEAN` CHRISTOPHER J. MANFREDI` ALISON A. HUYCKE SARAH E. HARLOS * ADMITTED IN OREGON AND WASHINGTON ADMITTED IN CALIFORNIA AND OREGON FRANCIS HANSEN & MARTIN LLP ATTORNEYS AT LAW 1148 NW HILL STREET, BEND, OR 97703-1914 PHONE:541-389-5010 - FAx:541-382-7068 W W W. FRANCISHANSEN.COM July 7, 2020 VIA EMAIL KYLE.COLLINS(C7DESCHUTES.ORG; CDD(CD-DESCHUTES.ORG William Van Vactor, Hearings Officer (c/o Kyle Collins, Associate Planner) Deschutes County Community Development 117 NW Lafayette Ave. Bend, OR 97703 CRAIG K. EDWARDS ALISON G. HOHENGARTEN KYLE C. FLEMING C.E. "WIN" FRANCIS° GERALD A. MARTIN' Re: Tentative Plan and LLA Application of Scott and Carol Ann Smallwood 247-19-000913-LL; 247-19-914-TP Our clients: Danielle and Sanders Nye Dear Mr. Van Vactor: I am submitting this post -hearing letter on behalf of my clients Sanders and Danielle Nye, who are neighbors to the west of the subject property on the other side of the Deschutes River canyon. ° RETIRED There was discussion during the hearing and in the staff report about efforts for the preservation of natural features and resources such as special terrain, rim rock and the Deschutes River. Those resources cannot currently be adequately evaluated under DCC 17.16.100 because they have not been adequately mapped and inventoried by the applicant. Although the applicant has proposed CCRs and deed restrictions to protect "the canyon rim" and certain trees, that proposal is too ambiguous to make sure that the subdivision would adequately provide for the protection of the natural vegetation, special terrain features, rim rock and other rock outcroppings on the property. Those CCRs should still be required as a condition of approval but only after the relevant resources and features are adequately identified so that the impacts to them can be assessed with the application. Although applicant has had preliminary discussions with the Oregon Parks and Recreation Department and does not object to a condition of approval making further building or development subject to its design review, that should not be a substitute for the County's independent analysis under DCC 17.16.100. We also reiterate our request for a condition of approval that the applicant submit to Deschutes River Corridor Design Review under DCC 19,76.090 for each of the six proposed lots (3, 4, 5, 6, 7 and 8) containing property within the Deschutes River July 7, 2020 Page 2 Corridor. Ms. Cooper interprets review under DCC 19.76.090 to apply narrowly to building within the 100 feet of the ordinary high water mark of the Deschutes River. However, it seems clear that the review should occur for any development that occurs on any Lot partially within the Corridor. DCC 19.76.090 contains a minimum setback for new development of 100 feet from the ordinary high water mark. However, it also provides maximum building heights for structures outside the setback line (DCC 19.76.090(D)(2), and provides mandatory review for design criteria including conservation of natural features, and visual compatibility with the existing surroundings (DCC 19.76.090(E). These factors necessarily require review for any development on a Lot which may affect those concerns, even if the footprint of the building is not itself within the 100 feet of the ordinary high water mark. That broader review is also necessary to meet the purposes of DCC 19.76.090(A) to protect the scenic quality of the canyon and rim rock areas and the natural beauty and character of the river. Any new home construction with a 20 feet rim rock setback (as proposed by applicant) would be visible and conspicuous from the canyon floor, and design review will be necessary to protect those values. Thank you for your consideration of these comments. Sincerely, 1— MICHAEL H. McGEAN Cc: Laura Cooper Clients