2022-282-Minutes for Meeting June 29,2022 Recorded 8/2/2022OTES C
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I Recorded in Deschutes County
COMMISSIONERS
Steve Dennison, County Clerk
Commissioners' Journal
1300 NW Wall Street, Bend, Oregon
(541) 388-6570
9:00 AM
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CJ2022-282
08/02/2022 10:25:10 AN
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FOR RECORDING STAMP ONLY
WEDNESDAY, June 29, 2022 Barnes Sawyer &
VIRTUAL MEETING PLATFORM
Present were Commissioners Patti Adair, Anthony DeBone, and Phil Chang. Also present were Nick
Lelack, County Administrator; Dave Doyle, County Legal Counsel; and Sharon Keith, Board Executive
Assistant (via Zoom conference call)
This meeting was audio and video recorded and can be accessed at the Deschutes County
Meeting Portal website.www.des.chutes.org/meetings
CALL TO ORDER: Chair Adair called the meeting to order at 9:00 a.m.
PLEDGE OF ALLEGIANCE:
CITIZEN INPUT:
• Robert Byrtue presented comment on opposition of a proposed drug rehab
facility development within the Somerset neighborhood.
• Jon Hayes presented comment on opposition of a proposed drug rehab
development in the Somerset neighborhood.
• Gail Webber presented comment on a proposed drug rehab development
within the Somerset neighborhood.
BOCC MEETING JUNE 29, 2022 PAGE 1 OF 14
• Jim Webber presented comment on a proposed drug rehab development in
the Somerset neighborhood.
• Priscilla Addy presented opposition to the proposed Northwest Addiction
Center being developed in a residential area.
• Erin Clifford presented opposition to the proposed addiction center on behalf
of her parents living in the Somerset neighborhood.
• Linda Finney presented comment on the proposed drug addiction
development within their neighborhood.
• Scott Wyden presented comment of opposition for a drug addiction facility
located in the Somerset neighborhood reading from County Code the
purpose of a MUA property zone.
The Board thanked the citizens for their input and concerns and will research the
issue with staff.
CONSENT AGENDA: Before the Board was Consideration of the Consent
Agenda.
DEBONE: Move approval of Consent Agenda
CHANG: Second
VOTE: DEBONE: Yes
CHANG: Yes
ADAIR: Chair votes yes. Motion Carried
1. Consideration of Purchase Agreement, Document No. 2022-283, and
Dedication Deed, Document No. 2022-284, from the Larry R. and Nancy L.
Green Revocable Trust for Right of Way for the Hunnell Road: Loco Road to
Tumalo Road Improvement Project
2. Consideration of Board Signature on Letter of Thanks to Shelly Sandford and
Letter of Appointment to Linda Ray to the River Forest Acres Special Road
District.
3. Consideration of Board Signature on Letters of Thanks to John Lyda and
Michael Gemmet, Letters of Appointment to Susan Waddell and Philip
Zerzan, and Letters of Reappointment to Rikki Goede and Lee Ferguson to
BOCC MEETING JUNE 29, 2022 PAGE 2 OF 14
the Black Butte Ranch County Services District. Also, to Letter of
Reappointment to Rick Hartnack to the Budget Committee.
ACTION ITEMS:
CONVENE AS THE GOVERNING BODY OF DESCHUTES COUNTY 9-1-1 SERVICE
DISTRICT
4. PUBLIC HEARING and Consideration of Board Signature of Resolution
No. 2022-035 Deschutes County 9-1-1 Service District FY 2022-23 Budget
Adoption
Budget Manager Dan Emerson presented. Commissioner Adair opened the
public hearing. Hearing no testimony, Commissioner Adair closed the public
hearing.
CHANG: Move approval of Resolution No. 2022-035, adopting the fiscal
year 2022-2023 Deschutes County 9-1-1 Service District budget
in the sum of $28,445,477. Imposing and categorizing ad
valorem property taxes at the tax rate of $0.3618 per $1,000 of
assessed value and appropriating amounts set forward in the
resolution.
DEBONE: Second
VOTE: CHANG: Yes
DEBONE: Yes
ADAIR: Chair votes yes. Motion Carried
S. Discussion to review the L3Harris Ten -Year Radio Maintenance
Agreement
DC 9-1-1 Director Sara Crosswhite and Systems Manager Jonathan Spring
presented the item for consideration. The cost of the maintenance
agreement is included in the department's budget.
BOCC MEETING JUNE 29, 2022 PAGE 3 OF 14
6. Consideration of Chair Signature of Document No. 2022-524, L3Harris
Ten -Year Radio Maintenance Agreement
From the discussion of Item #5, a capacity upgrade will be made to allow for
the system expansion.
DEBONE: Move approval of Document No. 2022-524
CHANG: Yes
VOTE: DEBONE: Yes
CHANG: Yes
ADAIR: Chair votes yes. Motion Carried
Commissioner Adair acknowledged the leadership of Ms. Crosswhite and the
team at DC 9-1-1.
7. Consideration of Contract No. 2022-575, a Collective Bargaining
Agreement Between the Deschutes County 9-1-1 Service District and the
Deschutes 9-1-1 Employees Association.
Deputy County Administrator Whitney Hale, DC 9-1-1 Director Sara
Crosswhite, and DC 9-1-1 Dispatcher Megan Happ presented the labor
agreement for consideration.
The Board recognized the value of the work done by staff at DC 9-1-1. Ms.
Hale reviewed changes in the contract and the addition of a memorandum of
understanding.
CHANG: Move approval of Document No. 2022-575
DEBONE: Second
VOTE: CHANG: Yes
DEBONE: Yes
ADAIR: Chair votes yes. Motion Carried
BOCC MEETING JUNE 29, 2022 PAGE 4 OF 14
DEBONE: Move approval of Director's signature on Memorandum of
Understanding Document No. 2022-576
CHANG: Second
VOTE: DEBONE: Yes
CHANG: Yes
ADAIR: Chair votes yes. Motion Carried
CONVENE AS THE GOVERNING BODY OF DESCHUTES COUNTY EXTENSION AND
4H SERVICE DISTRICT
8. PUBLIC HEARING and Consideration of Board Signature of Resolution No.
2022-037 Deschutes County Extension and 4H Service District FY 2022-23
Budget Adoption
Budget Manager Dan Emerson presented. Commissioner Adair opened the
public hearing. Hearing no testimony, Commissioner Adair closed the public
hearing. Commissioner Chang expressed concerns he has heard in the
community on vacant positions at Extension 4H Services and hopes the
budget is able to address this concern.
DEBONE: Move approval of Resolution No. 2022-037, adopting the fiscal
year 2022-2023 Deschutes County Extension and 4-H Service
District budget in the sum of $1,014,593. Imposing and
categorizing ad valorem property taxes at the tax rate of
$0.0224 per $1,000 of assessed value and appropriating
amounts set forward in the resolution.
CHANG: Second
VOTE: DEBONE: Yes
CHANG: Yes
ADAIR: Chair votes yes. Motion Carried
BOCC MEETING JUNE 29, 2022 PAGE 5 OF 14
CONVENE AS THE GOVERNING BODY OF THE SUNRIVER SERVICE DISTRICT
9. PUBLIC HEARING and Consideration of Board Signature of Resolution No.
2022-039 Sunriver Service District FY 2022-23 Budget Adoption
Budget Manager Dan Emerson presented. Commissioner Adair opened the
public hearing. Hearing no testimony, Commissioner Adair closed the public
hearing.
CHANG: Move approval of Resolution No. 2022-039, adopting the fiscal
year 2022-2023 Sunriver Service District budget in the sum of
$26,875,881.
DEBONE: Second
VOTE: CHANG: Yes
DEBONE: Yes
ADAIR: Chair votes yes. Motion Carried
CHANG: In addition to the motion, move approval of imposing and
categorizing ad valorem property taxes at the tax rate of
$3.3100 per $1,000 of assessed value for operations and
$0.04700 per $1,000 of assessed value for a local option tax and
appropriating amounts set forward in the resolution.
DEBONE: Second
VOTE: CHANG: Yes
DEBONE: Yes
ADAIR: Chair votes yes. Motion Carried
CONVENE AS THE GOVERNING BODY OF THE BLACK BUTTE RANCH SERVICE
DISTRICT
10. PUBLIC HEARING and Consideration of Board Signature of Resolution No.
2022-041 Black Butte Ranch Service District FY 2022-23 Budget Adoption
BOCC MEETING JUNE 29, 2022 PAGE 6 OF 14
Budget Manager Dan Emerson presented. Commissioner Adair opened the
public hearing. Hearing no testimony, Commissioner Adair closed the public
hearing.
DEBONE: Move approval of Resolution No. 2022-041, adopting the fiscal
year 2022-2023 Black Butte Ranch Service District budget in the
sum of $2,731,505. Imposing and categorizing ad valorem
property taxes at the tax rate of $1.0499 per $1,000 of assessed
value for operations and $0.6500 per $1,000 of assessed value
for a local option tax and appropriating amounts set forward in
the resolution.
CHANG: Second
VOTE: DEBONE: Yes
CHANG: Yes
ADAIR: Chair votes yes. Motion Carried
CONVENE AS THE GOVERNING BODY OF THE COUNTYWIDE LAW ENFORCEMENT
DISTRICT #1
11.PUBLIC HEARING and Consideration of Board Signature of Resolution No.
2022-042 Countywide Law Enforcement District (District #1) FY 2022-23
Budget Adoption
Budget Manager Dan Emerson presented. Commissioner Adair opened the
public hearing. Hearing no testimony, Commissioner Adair closed the public
hearing.
CHANG: Move approval of Resolution No. 2022-042, adopting the fiscal
year 2022-2023 Countywide Law Enforcement District budget in
the sum of $43,879,689. Imposing and categorizing ad valorem
property taxes at the tax rate of $1.0500 per $1,000 of assessed
value and appropriating amounts set forward in the resolution.
DEBONE: Second
VOTE: CHANG: Yes
DEBONE: Yes
ADAIR: Chair votes yes. Motion Carried
BOCC MEETING JUNE 29, 2022 PAGE 7 OF 14
CONVENE AS THE GOVERNING BODY OF THE RURAL LAW ENFORCEMENT
DISTRICT #2
12.PUBLIC HEARING and Consideration of Board Signature of Resolution No.
2022-043 Rural Law Enforcement District (District #2) FY 2022-23 Budget
Adoption
Budget Manager Dan Emerson presented. Commissioner Adair opened the
public hearing. Hearing no testimony, Commissioner Adair closed the public
hearing.
DEBONE: Move approval of Resolution No. 2022-043, adopting the fiscal
year 2022-2023 Rural Law Enforcement District budget in the
sum of $14,804,277. Imposing and categorizing ad valorem
property taxes at the tax rate of $1.4300 per $1,000 of assessed
value and appropriating amounts set forward in the resolution.
CHANG: Second
VOTE: DEBONE: Yes
CHANG: Yes
ADAIR: Chair votes yes. Motion Carried
RECONVENE AS THE GOVERNING BODY OF DESCHUTES COUNTY
Item #17 was moved to the current discussion: Consideration of Resolutions
Declaring Fire Prevention Code of the Redmond Fire and Rescue District
effective within Deschutes County
Fire Chief Tom Mooney presented the Resolutions for consideration. County
Counsel Dave Doyle clarified the state statute obligations for the County to review
and approve the district's ordinances to the extent applicable within portions of the
unincorporated county.
BOCC MEETING JUNE 29, 2022 PAGE 8 OF 14
DEBONE: Move approval of Board Signature of Resolution No. 2022-049 and
Resolution No. 2022-050
CHANG: Second
VOTE: DEBONE: Yes
CHANG: Yes
ADAIR: Chair votes yes. Motion Carried
13. PRESENTATION: Upper Deschutes Watershed Council 2022 Update to
Deschutes County Commissioners
Administrative Analyst Laura Skundrick introduced the annual Service
Partner report. Kris Knight, Executive Director presented the Upper
Deschutes Watershed Council report.
14.Consideration of American Rescue Plan Act Funding Proposals
Budget Manager Dan Emerson presented the item and introduced Pastor
Rick Russel of Redmond Mountain View Fellowship and their request for
ARPA funding for a safe parking program for the homeless population. John
Roberts, acting Redmond City Manager and Redmond Police Chief Devin
Lewis presented comment on the City's interest in this program.
The Board expressed support.
DEBONE: Move approval of $200,000 of ARPA allocation for the Redmond
Safe Parking Program request.
CHANG: Second
VOTE: DEBONE: Yes
CHANG: Yes
ADAIR: Chair votes yes. Motion Carried
Mr. Emerson reported on other funding requests.
BOCC MEETING JUNE 29, 2022 PAGE 9 OF 14
DEBONE: Move approval of $30,000 allocation of ARPA funding for the La
Pine Senior Center request
CHANG: Second
VOTE: DEBONE: Yes
CHANG: Yes
ADAIR: Chair votes yes. Motion Carried
Mr. Emerson reported a request in the amount of $100,000 was received
from the Ronald McDonald House charities. Commissioner Adair expressed
interest in supporting the Friends of the Children program for their
upcoming request.
Commissioner Chang would prefer waiting for further allocations until
additional proposals are submitted by community organizations.
Commissioner DeBone also supports further allocations at a future date.
Commissioner Adair requested the next ARPA update on July 20, 2022.
15.Oregon Department of Energy Community Renewable Energy Grant
Program Application
Facilities Director Lee Randall presented the grant opportunity along with
Facilities Project Coordinator Josh Clawson, DCSO Lt. William Bailey, and via
Zoom conference call Road Department Director Chris Doty, Fleet Manager
Randy McCulley, and Fair & Expo Center Director Geoff Hinds. Mr. Randall
reviewed four potential projects that are being considered through this grant
program.
The Board expressed support of the grant application. Staff were given
direction to contact Oregon Department of Energy to inquire on the number
of projects that would be considered.
DEBONE: Move approval of County Administrator's signature of grant
applications to the Oregon Department of Energy Community
Renewable Energy Grant Program.
CHANG: Second
BOCC MEETING JUNE 29, 2022 PAGE 10 OF 14
VOTE: DEBONE: Yes
CHANG: Yes
ADAIR: Chair votes yes. Motion Carried
16.Resolution regarding public use fire restrictions on unprotected lands
and County owned lands
County Forester Ed Keith presented the annual Resolution for consideration
for fire restrictions on unprotected lands within Deschutes County. The
restrictions mirror those of the Oregon Department of Forestry. The
restrictions end by default on October 15, 2022 but can be rescinded sooner
by the Board should the conditions warrant. Commissioner Chang inquired
if the regulations can be enforced especially in consideration of homeless
camps. County Code does give the ability to state if an activity is not allowed.
Mr. Keith noted there have been multiple fires caused by activity by
homeless camps causing risk to life and safety.
CHANG: Move approval of Resolution No. 2022-048
DEBONE: Second
VOTE: CHANG: Yes
DEBONE: Yes
ADAIR: Chair votes yes. Motion Carried
RECESS: At the time of 12:22 p.m. the Board went into recess and reconvened the
meeting at 1:19 p.m.
17.2022 Greater Redmond Community Wildfire Protection Plan update
County Forester Ed Keith presented the document and reviewed the items
included in the process for the update. There are seven Community Wildfire
Protection Plans in Deschutes County that are reviewed every five years by
community partners. Mr. Keith noted there is a public comment period for
BOCC MEETING JUNE 29, 2022 PAGE 11 OF 14
community input on the document and is posted through Project Wildfire.
Commissioner DeBone advocates for a press release for community
awareness. Discussion held on the FireFree program. Mr. Keith will send out
the July newsletter with the statistics of community response for the
program. Commissioner Chang inquired on the benefits of the CWPP. Mr.
Keith reported the CWPP assists in prioritizing treatment to reduce risk to
communities within the wildfire urban interface as well as providing
supporting documentation for grant applications. The infrastructure bill has
funding opportunities for community wildfire defense funds and one
condition of application for funding private lands treatment is for the CWPP
to be up to date. The risk assessment maps will also be used for the layers of
risk through Senate Bill 762.
CHANG: Move approval of Document No. 2022-573
DEBONE: Second
VOTE: CHANG: Yes
DEBONE: Yes
ADAIR: Chair votes yes. Motion Carried
18.Preparation for Public Hearing: Eden Properties Plan Amendment and
Zone Change (247-21-001043-PA, 1044-ZC)
Associate Planner Haleigh King and CDD Planning Manager Will Groves
presented the discussion. The request for plan amendment and zone
change relates to approximately 710 acres to the west of Terrebonne and
north of Highway 126. Discussion held on setting options for the upcoming
Public Hearing. The public hearing will be held on Wednesday, August 17,
2022 and noticed for 2:00 p.m. and continued at 5:30 p.m.
Commissioner Chang recommends having input from ground water experts
for an understanding of groundwater extraction and impacts on farmers.
Mr. Groves will contact Oregon Water Resources.
BOCC MEETING JUNE 29, 2022 PAGE 12 OF 14
19. Discussion - Prioritizing Discretionary Text Amendments Identified in
the Community Development Department (CDD) 2022-23 Work Plan
CDD Planning Manager Will Groves presented the proposed text
amendments requesting Board direction for priorities for the department to
address recognizing the current vacancy rate of staff in Community
Development_ Department.
20.Consideration of Board approval of document #2022-574, an Oregon
Health Authority grant.
Director of Behavioral Health Janice Garceau and Health Department
Business Officer Cheryl Smallman presented the item for consideration. The
funding was received today by Deschutes County.
CHANG: Move approval of Document No. 2022-574
DEBONE: Second
VOTE: CHANG: Yes
DEBONE: Yes
ADAIR: Chair votes yes. Motion Carried
OTHER ITEMS:
• CDD Director Peter Gutowsky and CDD Planning Manager Will Groves
responded to the Citizen Input comments this morning regarding the
Somerset neighborhood concerns of a proposed drug and alcohol treatment
facility. Mr. Gutowsky reported on the County Code and State Law relative to
this type of development. Mr. Groves spoke on residential facilities and
multi -family dwellings. Mr. Doyle commented on the outright permitted use
process. With this particular application, Mr. Lelack noted that neighborhood
notification was not required.
EXECUTIVE SESSION: None scheduled.
BOCC MEETING JUNE 29, 2022 PAGE 13 OF 14
Being no further business brought before the Commissioners, the meeting was adjourned at
3:06 p.m.
DATED this P -7 Day of 2022 for the Deschutes County Board of
Commissioners.
1
PA T ADAI R, C I R
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?,,ECOI?.DING SECRETARY
ANTHONY ®EBONE, VICE CHAIR
60MMISSIONER
BOCC MEETING JUNE 29, 2022 PAGE 14 OF 14
iYECO
G- I BOARD OF
COMMISSIONERS
BOARD OF COMMISSIONERS MEETING
9:00 AM, WEDNESDAY, JUNE 29, 2022
Barnes Sawyer Rooms - Deschutes_ Services Bldg - 1300 NW Wall St - Bend
(541) 388-6570 1 www.deschutes.org
MEETING FORMAT: The Oregon legislature passed House Bill (HB) 2560, which requires that
public meetings be accessible remotely, effective on January 1, 2022, with the exception of
executive sessions. Public bodies must provide the public an opportunity to access and attend
public meetings by phone, video, or other virtual means. Additionally, when in -person testimony,
either oral or written is allowed at the meeting, then testimony must also be allowed electronically
via, phone, video, email, or other electronic/virtual means.
Attendance/Participation options are described above. 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 by noon on Tuesday will be included in the Citizen Input meeting
record for topics that are not included on the Wednesday agenda.
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 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.
For Public Hearings, the link to the Zoom meeting will be posted in the Public Hearing Notice as
well as posted on the Deschutes County website at https://www.deschutes.org/bcc/page/public-
hearing-notices.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
CITIZEN INPUT: Citizen Input may be provided as comment on any topic that is not on the
agenda.
Note: In addition to the option of providing in -person comments at the meeting, citizen input comments
may be emailed to citizeninput@deschutes.org oryou may leave a brief voicemail at 541.385.1734. Tobe
timely, citizen input must be received by noon on Tuesday in order to be included in the meeting record.
CONSENT AGENDA
1. Consideration of Purchase Agreement, Document No. 2022-283, and Dedication Deed,
Document No. 2022-284, from the Larry R. and Nancy L. Green Revocable Trust for Right
of Way for the Hunnell Road: Loco Road to Tumalo Road Improvement Project
2. Consideration of Board Signature on Letter of Thanks to Shelly Sandford and Letter of
Appointment to Linda Ray to the River Forest Acres Special Road District.
3. Consideration of Board Signature on Letters of Thanks to John Lyda and Michael
Gemmet, Letters of Appointment to Susan Waddell and Philip Zerzan, and Letters of
Reappointment to Rikki Goede and Lee Ferguson to the Black Butte Ranch County
Services District. Also, to Letter of Reappointment to Rick Hartnack to the Budget
Committee.
ACTION ITEMS
CONVENE AS THE GOVERNING BODY OF DESCHUTES COUNTY 9-1-1 SERVICE DISTRICT
4. 9:05 AM PUBLIC HEARING and Consideration of Board Signature of Resolution No.
2022-035 Deschutes County 9-1-1 Service District FY 2022-23 Budget Adoption
9:20 AM Discussion to review the L3Harris Ten -Year Radio Maintenance Agreement
6. 9:40 AM Consideration of Chair Signature of Document No. 2022-524, L3Harris Ten -
Year Radio Maintenance Agreement
7. 9:45 AM Consideration of Contract No. 2022-575, a Collective Bargaining Agreement
Between the Deschutes County 9-1-1 Service District and the Deschutes 9-1-1 Employees
Association.
CONVENE AS THE GOVERNING BODY OF DESCHUTES COUNTY EXTENSION AND 4H SERVICE
DISTRICT
June 29, 2022 BOARD OF COMMISSIONERS MEETING Page 2 of 4
8. 10:00 AM PUBLIC HEARING and Consideration of Board Signature of Resolution No.
2022-037 Deschutes County Extension and 4H Service District FY 2022-23 Budget
Adoption
CONVENE AS THE GOVERNING BODY OF THE SUNRIVER SERVICE DISTRICT
9. 10:10 AM PUBLIC HEARING and Consideration of Board Signature of Resolution No.
2022-039 Sunriver Service District FY 2022-23 Budget Adoption
CONVENE AS THE GOVERNING BODY OF THE BLACK BUTTE RANCH SERVICE DISTRICT
10. 10:20 AM PUBLIC HEARING and Consideration of Board Signature of Resolution No.
2022-041 Black Butte Ranch Service District FY 2022-23 Budget Adoption
CONVENE AS THE GOVERNING BODY OF THE COUNTYWIDE LAW ENFORCEMENT DISTRICT #1
11. 10:30 AM PUBLIC HEARING and Consideration of Board Signature of Resolution No.
2022-042 Countywide Law Enforcement District (District #1) FY 2022-23 Budget Adoption
CONVENE AS THE GOVERNING BODY OF THE RURAL LAW ENFORCEMENT DISTRICT #2
12. 10:40 AM PUBLIC HEARING and Consideration of Board Signature of Resolution No.
2022-043 Rural Law Enforcement District (District #2) FY 2022-23 Budget Adoption
RECONVENE AS THE GOVERNING BODY OF DESCHUTES COUNT
13. 11:00 AM PRESENTATION: Upper Deschutes Watershed Council 2022 Update to
Deschutes County Commissioners
14. 11:25 AM Consideration of American Rescue Plan Act Funding Proposals
15. 11:35 AM Oregon Department of Energy Community Renewable Energy Grant Program
Application
16. 11:45 AM Resolution regarding public use fire restrictions on unprotected lands and
County owned lands
LUNCH RECESS
17. 1:00 PM Consideration of Resolutions Declaring Fire Prevention Code of the Redmond
Fire and Rescue District effective within Deschutes County
18. 1:20 PM 2022 Greater Redmond Community Wildfire Protection Plan update
19. 1:40 PM Preparation for Public Hearing: Eden Properties Plan Amendment and Zone
Change (247-21-001043-PA, 1044-ZC)
June 29, 2022 BOARD OF COMMISSIONERS MEETING Page 3 of 4
20. 2:10 PM Discussion -Prioritizing Discretionary Text Amendments Identified in the
Community Development Department (CDD) 2022-23 Work Plan
21. 2:25 PM Consideration of Board approval of document #2022-574, an Oregon Health
Authority grant.
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
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.
June 29, 2022 BOARD OF COMMISSIONERS MEETING Page 4 of 4
'ing written aocumenis as part of testimony,,: I I r esIN
a copy to the Recording Secretary for the record.
- E 5 C0
BOARD OF
COMMISSIONERS
MEETING DATE: , 2022
SUBJECT: Discussion to review the L3Harris Ten -Year Radio Maintenance Agreement
ATTENDANCE:
Sara Crosswhite and Jonathan Spring, Deschutes County 911
Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of June 21, 2022
DATE: June 7, 2022
FROM: Sara Crosswhite Deschutes County 9-1-1 541-322-6111
TITLE OF AGENDA ITEM:
Board Adoption and signature of Doc No. DC-2022-524 1,31-larris Ten -Year Radio Maintenance
Agreement.
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
The previous maintenance package with L31-larris was phone support only for technical assistance and
we had no on -site support. When there is an issue there is phone/remote support access during normal
business hours only. If approvel for signature, the new agreement will provide premium technical
support and security update installation four times per year. This agreement also includes future
planned core and network upgrades. We just completed an upgrade recently and spent capital funds
nearly $500k to cover that cost, which would be avoided with this agreement.
FISCAL IMPLICATIONS:
This is 10 year maintenance agreement with L3 Harris. The contract outlines services to be provided
during the tenure of the contract which would total $174,032.00 a year. This contract allows for
consistent and predictable budgeting for the next 10 years. This will also eliminate unexpected capital
expenditures, and protect our investment. DC911 account for this contract under maintenance
agreements in our FY23-705 budget.
RECOMMENDATION & ACTION REQUESTED:
Request adoption and signature of Document No. DC-2022-524.
ATTENDANCE: Sara Crosswhite and Jonathan Spring Deschutes County 9-1-1
DISTRIBUTION OF DOCUMENTS:
Original to BOCC
Copies to 9-1-1, Legal
DESCHUTES COUNTY DOCUMENT SUMMARY
(NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be
on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board
agenda, the Agenda Request Form is also required. If this form is not included with the document, the document will be returned to
the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the
County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form
electronically to the Board Secretary.)
Please complete all sections above the Official Review line.
Date: June 2, 2022 Department: Deschutes County 9-1-1
Contractor/Supplier/Consultant Name: L31-larris Technologies, Inc.
Contractor Contact: Contractor Phone M
Type of Document: Service Agreement DC-2022-524
Goods and/or Services: This is a radio systems maintenance agreement between L31-larris
Technologies, Inc. and Deschutes County 9-1-1 for support provided to Deschutes County 9-1-1.
Background & History: Attach additional page if needed.
Agreement Starting Date: 07/01/2022
Annual Value or Total Payment:
❑ Insurance Certificate Received check box)
Insurance Expiration Date:
Ending Date: 07/01/2032
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:
Deadlines for reporting to the grantor:
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:
Phone #:
6/2/2022
Departmental Contact and Title: Kim Morse Phone #: 541-322-6102
Department Director Approval: la- ao_
aturDbte
Distribution of Document: Once signature(s) are obtained, this document should be routed
to Kim Morse at Deschutes County 9-1-1. She will then send out copies of the document to
Central Oregon Community College for their signature and she will ask that the document be
returned to her. Once she receives the signed document, she will route a copy back to BoCC for
filing.
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)
❑ Department Director (if under $25,000)
Legal Review Date
Document Number DC-2022-524
6/2/2022
UHARRISTM
SERVICES AGREEMENT
THIS SERVICES AGREEMENT ("Agreement") is made and entered into this April 30, 2022, by and
between Deschutes County, Oregon, ("Customer") located at 20355 Poe Sholes Dr Ste 300, Bend, OR 97703
and L3HARRIS TECHNOLOGIES, INC. ("L31-1arris"), a Delaware corporation, acting through its
Communication Systems Segment located at 221 Jefferson Ridge Parkway, Lynchburg, VA 24501
(collectively referred to as the "Parties"). This Agreement shall begin on July 1, 2022 ("Commencement Date")
and shall continue for a period often (10) years ("Term") through July 1, 2032 ("Expiration Date").
This Agreement, along with its sections and attachments listed below, describes the terms and conditions for
purchase of Services by Customer as described in this Agreement or other document(s) attached to and made
part of this Agreement. In the event of any inconsistencies or conflicts within this Agreement, precedence shall
be given to the documents in the order in which they are listed:
SECTION I
SCOPE
SECTION II
SERVICES
SECTION III
GENERAL TERMS AND CONDITIONS
SECTION IV
DEFINITIONS
ATTACHMENT A
EQUIPMENT LIST
ATTACHMENT B
SERVICE DESCRIPTIONS
ATTACHMENT C
CRITICAL SPARES LIST
ATTACHMENT D
POINT OF CONTACT AND NOTICE
I. SCOPE
1. This Agreement contains the terms and conditions for Customer's purchase and 1,31-larris' delivery
of the Services. 1,31-larris shall provide the Services described in this Agreement, including its
attachments. L31-larris' obligations under this Agreement may be performed by 1,31-larris, its
agents, representatives, subcontractors, or any combination thereof, at 1,31-larris' discretion. In
addition to the General Terms and Conditions, the Service Descriptions included in Attachment B
may contain terms and conditions specific to that particular Service.
2. At Customer's request and upon L3Harris' approval, L3Harris may also provide Demand Services
for additional support beyond the Services.
3. The Services are defined within this Agreement and are limited to only those Services in Section
II. ("Services") and further described in Attachment B ("Service Descriptions"). All Services
provided under this Agreement are only applicable to the Equipment identified in Attachment A
("Equipment List"). Any Equipment not identified in the Equipment List is excluded from the
Services.
II. SERVICES
1,311arris Infrastructure Managed Services P
Premium Technical Support (PTS) — 3`d Party Maint
Security Update Management Service (SUMS+)
Software Managed Services (SMS)
SMS Installation Servuce (4xs per year)
Security Update Installation Services (4xs per year)
Annual Preventive Maintenance
Priority TAC 7x24
(1)Planned Core/Network Upgrade
Managed Service
Included Infrastructure
Included Infrastructure
Included Infrastructure
Included Infrastructure
1-1 _- __11
Included Infrastructure
Included Infrastructure
-- - --------
Included Infrastructure
Included Infrastructure
DC-2022-524
Page 1 of 35
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On -Site Corrective Maintenance (40 hrs. annual
Obsolescence Protection (Gateway & Consoles)
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TERM(Period of Performance
ANNUAL SUPPORT FEES
Year 1 July 1, 2022 — June 30, 2023
$174,032.00
Year 2 July 1, 2023 — June 30, 2024
$174,032.00
Year 3 July 1, 2024 — June 30, 2025
$174,032.00
Year 4 July 1, 2025 = June 30, 2026
$174,032.00
Year 5 July 1, 2026 — June 30, 2027
$174,032.00
Year 6 July 1, 2027 — June 30, 2028
$174,032.00
Year 7 July 1, 2028 — June 30, 2029
$174,032.00
Year 8 July 1, 2029 — June 30, 2030
$174,032.00
Year 9 July 1, 2030 — June 30, 2031
$174.032.00
Year 10 July 1, 2031 — June 30, 2032
$174,032.00
TOTAL ANNUAL SUPPORT FEES 10 Years
$1,740,320.00
Invoicing Interval
X Annually
Purchase Order Required ❑Yes* X No
*If a Purchase Order ("PO") is required by Customer, Customer must issue L3Harris a PO before the
Commencement Date, otherwise WHarris may invoice Customer without the issuance of a Customer PO.
GENERAL TERMS AND CONDITIONS
1. SUPPORT.
a. Subject to the terms and conditions of this Agreement, L3Harris agrees to perform Services
during the Term for the Support Fees, as may be amended from time to time in accordance
with this Agreement. Services shall be provided for the Equipment at the Customer site(s)
described in Attachment A ("Equipment List") and, unless agreed otherwise in writing,
L3Harris shall not be obligated to provide Services for any products, equipment, hardware,
software, site(s), or systems not identified in Attachment A ("Equipment List").
b. L3Harris may supply new, used, reconditioned or substitute parts for the performance of
Services. L3Harris shall provide Services at levels set forth in the manufacturer's product
manuals and follow routine service procedures prescribed by L3Harris.
C. If Customer purchases additional equipment from L3Harris, then that equipment must be
added to the Equipment List by a mutually agreed upon Amendment to this Agreement for
L3Harris to provide Services for that new equipment. The Amendment must also amend
Section II. ("Services") to account for the cost of providing Services for the additional
equipment.
d. If Equipment cannot, in WHarris' reasonable opinion, be properly or economically
serviced for any reason, the Parties may agree upon a mutually agreed to Amendment to i)
remove that Equipment from this Agreement or ii) modify the scope of Services related to
that Equipment or iii) increase the price of providing Services for that Equipment.
e. As a Demand Service, inspect and repair out of specification Equipment, as applicable,
before the Services of this Agreement commence.
DC-2022-524 Page 2 of 35
(0 L3HARRISTM
2. DEMAND SERVICES.
a. Demand Services Fees. At Customer's request and upon L3Harris' approval, L3Harris
may provide Demand Services for an additional fee. L3Harris shall provide a written quote
for such Demand Services based upon the circumstances known at the time of the request
and L3Harris shall perform such Demand Services only once the Parties have mutually
• agreed upon the scope and fees for such Demand Services.
b. Writing Required. Any Demand Services that L3Harris agrees to perform shall be clearly
defined in a properly executed Amendment to this Agreement, purchase order, or separate
agreement between the Parties.
C. Emergency on Demand. L3Harris may provide Demand Services in a manner not
consistent with the requirements in this Section in an emergency, on a case -by -case basis,
and at L3Harris' sole discretion.
d. Excluded Services. If Customer requests L3Harris to provide any Excluded Services listed
in this Agreement, such Excluded Services will be considered Demand Services and will
only be provided in accordance with this Section.
3. CONDITIONS OF SERVICE.
L3Harris' obligations to perform the Services are conditioned upon the below conditions being met
by Customer. Customer shall:
a. ensure Equipment is in good working order as of the Commencement Date and continues
as such during the Term. Customer shall ensure Equipment is maintained per the
recommended manuals. In addition to the Support Fees, Customer shall pay for Demand
Services for any inspections performed by L3Harris to ensure Equipment is in good
working order.
b. work together with L3Harris to establish and maintain an Equipment List which will
include serial numbers, if applicable, of all Equipment under this Agreement.
C. notify L3Harris, promptly, of any Equipment failure or when any Equipment is lost,
damaged, stolen, or taken out of service. L3Harris will respond to Customer's notification
in a manner consistent with the Services of this Agreement.
d. obtain and maintain all necessary permits required by Federal, state, tribal, or local
governmental authorityrelated to the Equipment and Services of this Agreement and
remain in compliance with all such laws, rules, and regulations.
e. purchase any necessary Hardware or upgrades, at Customer's expense, that may be
necessary for the Services.
f. not modify, enhance or otherwise alter any Software Update unless specifically authorized
in the user documentation provided by L3harris with such Software Update or unless the
prior written consent of L3Harris is obtained.
g. not create or permit the creation of any derivative work from any Software Update or the
reverse engineering or replication of any Software Update.
h. meet all General Customer Obligations and satisfy all Customer's requirements under this
Agreement.
4. SITE ACCESS, RESPONSE TIMES.
a. If applicable, Response Times described in this Agreement assume that the Equipment is
accessible by normal transportation methods and vehicles. On -site Response Time
DC-2022-524 Page 3 of 35
UHARRISTM
requirements exclude site locations that may require extensive drive time due to traffic
conditions or site locations where specialized vehicles are required.
b. Waivers of liability from L3Harris or its subcontractors will not be imposed as a site access
requirement.
C. Unless otherwise stated in this Agreement, the Support Fees exclude any charges or
expenses associated with helicopter, snow vehicle, ATV, boat, or other atypical access
requirements; if these charges or -expenses are reasonably incurred by L3Harris in
rendering the Services, Customer agrees to reimburse L3Harris for those charges and
expenses.
d. Customer will be billed separately, as Demand Services, for time lost or changes in the
Services due to any delay caused by Customer's action or inaction.
5. EXCLUDED SERVICES.
Only the Services in Section II. ("Services"), as further described in Attachment B ("Service
Descriptions"), shall be provided. The Services shall not include exclusions defined in other parts
of this Agreement. Unless purchased by Customer and listed as Services under Section II. Services
of this Agreement, Excluded Services are the following services excluded from the Services of this
Agreement:
a. receiving Services for items not set out in Attachment A ("Equipment List") of this
Agreement; or Equipment that has reached End of Life ("EOL") or End of Support
("BOS") or Equipment for which parts are not available.
b. receiving Services at a location other than the site(s) or location(s) listed in Attachment A
("Equipment List") of this Agreement.
C. correction of faults due to Customer's failure to meets its obligations outlined throughout
this Agreement.
d. correction of faults, defects, or damage caused by any of the following: i) Customer's
modification, neglect, or misuse of the Equipment; ii) use other than in the normal,
customary, intended, and authorized manner, or use not in compliance with applicable
industry standards or OEM specifications ; iii) excessive wear and tear, abuse,' vandalism,
theft or other criminal activity, accident, disaster, fire, flood, water, weather or
environmental conditions, liquids, power surges, acts of God; iv) acts or omissions or
delays by Customer or Third -Party; v) work performed on Equipment by Customer or
Third -Parties who are not authorized by L3Harris to perform such work; or vi) force
majeure event not otherwise described within this Section.
e. correction of faults in any equipment (whether or not supplied by L3Harris) not covered
by this Agreement.
f. cleaning, painting, refinishing, or other cosmetic improvement of the Equipment.
g. relocation or transportation of Equipment, or the rectification of any faults caused by such
relocation or transportation, unless where such relocation or transportation of Equipment
was performed by L3Harris as a Service under this Agreement or other properly executed
agreement between the Parties.
h. receiving any software unless expressly provided for as a Service under this Agreement.
i. implementation of changes to the Equipment or configurations which were not a
requirement of the specifications for the Equipment listed in this Agreement or otherwise
committed to by L3Harris in a properly executed agreement between the Parties.
DC-2022-524 Page 4 of 35
UHARRISTM
j. correction of any fault which would be remedied by a software or routine maintenance or
repair which is required by the specifications for the Equipment.
k. service for accessory items or items that are consumed in the normal operation of the
Equipment such as: batteries, uninterruptable power supplies ("UPS"), belt attached
objects such as clips and holsters, battery chargers, personal audio interfaces such as
footswitches or ear pieces, headsets, keypads, fuses, knobs, lanyards, or labels.
1. services for custom or special products; modified Equipment or software; upgrading or -
programming Equipment.
in. repair or maintenance of any transmission path or transmission medium for voice or data
radios including antennas, dishes, masts, tower top amplifiers, transmission lines, tower or
tower lighting.
n. tower climbs or services for i) any Equipment mounted on towers or telephone lines, ii)
computer networks, iii) the internet, or iv) Equipment malfunction caused by a
transmission medium.
installation of software, Software Updates, or Security Updates unless such installation is
L3Harris' responsibility and falls within the defined Services of this Agreement. See
SUMS+ Installation and/or SMS Installation, if applicable.
p. receiving system configuration documents or system audit.
q. training.
r. hardware upgrades unless such hardware upgrades are L3Harris' responsibility and falls
within the defined Services of this Agreement. See Planned Network Upgrades and/or
Obsolescence Protection, if applicable.
S. additional services such as data backup, line sweeps, or taking readings or performing
services beyond those listed in the Preventive Maintenance L3Harris Table, if applicable,
or this Agreement.
t. repairs at the Customer location. See On -Site Corrective Maintenance, if applicable. In the
event 1,314arris deems Equipment is capable of being repaired at the Customer location,
L3Harris may do so in its reasonable discretion.
U. initial installation or configuration of any software, or installation of multiple revisions of
software to catch up to a more recent software release, or to roll back to a previous software
release, or any configuration changes. Note, this installation or configuration is neither
included in SUMS+, SMS, nor VIDA Secure Sentry Installation Services.
V. software installation on Equipment unless targeted by the L3Harris Software Update or
L3Harris Operating System Patch and as per the SUMS+ Installation, SMS Installation,
and/or VIDA Secure Installation Service Descriptions, as applicable.
6. GENERAL CUSTOMER OBLIGATIONS.
Customer acknowledges that receipt of the Services and the amount of the Support Fee described
in this Agreement are dependent on the prompt and proper performance of the Customer fulfilling
the requirements under Conditions of Service and its obligations under this Agreement. Obligations
require that Customer shall:
a. ensure that all necessary clearances, escorts, ID cards, network access requirements
including custom software or security credentials, or other requirements, have been
provided to L3Harris, in advance of a L3Harris' technician(s)' visit, to allow prompt access
DC-2022-524 Page 5 of 35
UHARRISTM
to any Equipment requiring Services that may be located in a secured or limited access area
under Customer's or Third -Parry's control. Customer shall not restrict L3Harris access to
the site(s) or prevent L3Harris from performing the Services under this Agreement on the
basis that Customer does not have a L3Harris Certificate of Insurance ("COI") on file or in
Customer's possession.
b. provide L3Harris, at no charge, full and free access to the Equipment and an appropriate
non -hazardous work environment located in the Equipment's physical location which
should include, at a minimum, unlimited access, adequate shelter, heat, light, ventilation,
electric current and outlets, and local wireless and telephone access for L3Harris' use in
the Equipment's physical location.
C. provide all information or services (including, but not limited to inventory/audits) under
Customer's control relevant or pertaining to L3Harris' Services and/or pertaining to the
Hardware and software elements of any system with which the Equipment is interfacing
so that L3Harris may perform its Services.
d. replace defective Equipment with a Critical Spare where required and promptly ship the
defective Equipment to L3Harris in accordance with L3Harris' directions.
e. ensure that the personnel responsible for carrying out the General Customer Obligations
outlined in this Section are suitably qualified, authorized, trained and/or experienced.
f. maintain a suitable environment for the operation and maintenance of the Equipment
(including without limitation power supply, temperature and humidity control) in
accordance with normal industry practices, and as set out in the published data sheets,
manuals, or other written instructions for the Equipment.
g. provide L3Harris with all cooperation to facilitate the efficient discharge of WHarris'
Services under this Agreement including, without limitation: i) providing the necessary
physical and virtual access to the site(s) and the Equipment; ii) ensuring the site(s) comply
with all relevant health and safety codes; and iii) providing, on request, a suitably qualified
or informed representative, agent, or employee to accompany L3Harris personnel and to
advise L3Harris on access or on any other matter within the Customer's knowledge or
control which will assist L3Harris in performing the Services under this Agreement.
h. ensure systems backups (including all programs and data) and Equipment configuration
records are kept up to date.
i, install the Operating System Patches, as applicable under SUMS+, in the order of receipt
and release from L3Harris. If Customer purchased SUMS+ Installation as part of the
Services of this Agreement, L3Harris will install the Operating System Patches in
accordance with the SUMS+ Installation Services of this Agreement.
j. install the Software Update, as applicable, in accordance with the L3Harris provided
Software Update installation instructions found within the Software Release Notes from
L3Harris. If Customer purchased SMS Installation as part of the Services of this
Agreement, L3Harris will install the L3Harris Software Updates in accordance with the
SMS Installation Services of this Agreement.
k. complete the Operating System Patches process on the target devices (e.g. rebooting the
target devices) by following the instructions accompanying each Operating System
Patches, as applicable under SUMS+.
1. provide primary power source, PABX and PSTN connections or lines, radio frequency
coverage performance after coverage verification test acceptance, suitable inter -site and
inter node links, and further installation of the Equipment at the sites.
DC-2022-524 Page 6 of 35
UHARRISTM
m. provide secure and adequate facilities adjacent to or in reasonable proximity to the
Equipment for the storage by L3Harris of tools and other items necessary to perform the
Services. Customer shall permit L3Harris to have access to such storage facilities at all
times.
n.
maintain confidentiality of any logon(s) and password(s) required to access Equipment or
Services. Access to Tech -Link is only permitted for current Customer employees or
contractors. Customer must manage and remove access rights for departing employees
(for example by changing passwords) and L3Harris shall not be liable for any loss or
damage incurred by Customer due to Customer's failure to comply with this clause.
o. cooperate with L3Harris and perform all efforts that are necessary to enable L3Harris to
provide the Services to Customer.
p. ensure L3Harris can perform Services in a continuous effort.
q. waive Services, without reimbursement, for Services when L3Harris does not have access
to provide the Services or when L3Harris is unable to provide Services due to Customer's
or Third-Party's action or inaction.
r. provide L3Harris with at least two (2) Points of Contact, as described in Point of Contact
Section of this Agreement.
S. require at least one Point of Contact be available twenty-four (24) hours per day, seven (7)
days per week with an escalation procedure to enable Customer's personnel to maintain
contact, as needed, with L3Harris.
t. perform and provide proof of performance of all routine and Preventive Maintenance and
updates to software and Hardware as recommended in Equipment manuals unless such
Preventive Maintenance is L3Harris' responsibility and falls within the defined Services
of this Agreement.
U. provide L3Harris a response to Summary Reports within thirty (30) days of receipt.
V. reproduce any copyright notice and/or proprietary notice appearing on and/or in such
Software Update, if Customer makes backup copies of any Software Update, and label all
copies with all information, including part numbers and revision levels, provided on the
original set of media provided by L3Harris.
W. not to modify, enhance or otherwise alter any Software Update unless specifically
authorized in the user documentation provided by L3Harris with such Software Update, or
unless the prior written consent of L3Harris is obtained.
X. not, under any circumstances, create or permit the creation of any derivative work from
any Software Update or the reverse engineering or replication of any Software Update.
y. decide whether to install or not install Software Updates, Operating System Patches, and/or
VIDA Secure Sentry, as applicable, based on the risks and benefits involved and waive all
L3Harris liability for such decision.
Z. provide L3Harris or L3Harris subcontractor the Software Updates and/or Operating
System Patches for installation, if applicable.
aa. comply with the L3Harris schedule for the performance of Services.
bb. keep Equipment current and compliant with all regulatory agencies' and manufacturers':
agreements, manuals, and licenses.
DC-2022-524 Page 7 of 35
(fl) L3HARRISTM
7. SERVICE REQUEST PROCEDURE.
Customer shall:
a. require their users report issues to a designated Customer's Point of Contact.
b. require its Point of Contact to provide Notice to 1,311arris when there is any activity or
inactivity that impacts the system, Equipment, or Services including system configuration
C. provide the software and interface cables or allow L3Harris the time needed to acquire such
items, as needed to perform the Services on the Equipment.
d. compile Equipment into a central location before Services are provided, as directed by
L3Harris.
e. submit a Service Request as set out in this Section of this Agreement with additional
descriptions in Attachment B ("Service Descriptions").
f. immediately after making a Service Request for L3Harris support, provide L3Harris, where
possible, with an example of the relevant defect or error.
g. keep 1,31-larris fully informed with up to date Equipment, site(s), and configuration details
for the Equipment, including without limitation Equipment serial numbers, locations,
contact information, and site personnel qualified to submit a Service Request.
h. have personnel with sufficient Equipment related training to be able to i) carry out basic
operating system housekeeping, ii) work through complex procedures with remote
guidance provided by 1,31-larris, and iii) carry out procedures as outlined by L3Harris
within a reasonable time after such procedures have been received from L3Harris.
i. provide a mutually agreed form of communications link for remote diagnostics and
promptly grant access rights to L3Harris and its subcontractors when required.
j. maintain and make available the required type and number of Customer owned and
managed Critical Spares in accordance with this Agreement.
k. approve or disapprove additional charges L3Harris estimates are required to perform
repairs or replace the Equipment within five (5) business days from the date of the estimate.
If Customer disapproves the additional charges, Customer shall pay a Diagnostic Fee.
1. pay additional costs for Demand Services for additional efforts including Equipment
aggregation management, delays in work, software or cable interface acquisition for non-
L3Harris equipment, configuration or software changes, or repairs.
8. FEES AND PAYMENT TERMS.
a. Customer shall pay the Support Fees for Services and the Demand Services Fees for
Demand Services.
b. 1,31-larris reserves the right to increase the Support Fees as Equipment is added or if
Customer requests an increased level of service, or if there is any other variation requested
by Customer to this Agreement.
C. Except as expressly provided in this Agreement, 1,31-larris may revise its Support Fees at
any time by giving Customer notice not less than ninety (90) days before the rate change,
provided that the revised rates are mutually agreed upon in writing. If the revised rates are
not mutually agreed upon by the Parties within the ninety (90) day Notice period, L3Harris
may terminate this Agreement in accordance with Section III.9. ("Term and Termination").
DC-2022-524 Page 8 of 35
UHARRISTM
d. Payment terms shall be net thirty (30) days from the date of invoice. Support Fees will be
billed in advance and in accordance with Section II. ("Services").
e. All fees payable under this Agreement are exclusive of sales, use, value added, goods and
services taxes, or any customs, import or export duties, and should any such fees arise,
these shall be payable by Customer. Where appropriate, such taxes will be added to the
invoice, billed as a separate item, to the extent possible, and paid by Customer unless
Customer provides L3Harris with evidence of payment or certificate of exemption.
f. To the fullest extent permissible by law, Customer waives its right of set-off. No payment
is considered received until L3Harris has received cleared funds.
g. If Customer is overdue with any payment then, without prejudice to any other right or
remedy available to L3Harris; i) Customer shall be liable to pay interest on the overdue
amount at the rate of one and one-half percent (1.5%) per complete month until L3Harris
has received payment of the overdue amount together with interest that has accrued; and
ii) L3Harris may suspend contractual performance and/or exercise a lien over Equipment
and any items returned for repair or replacement until Customer has made such overdue
payment in full.
9. TERM AND TERMINATION.
a. The Term of this Agreement shall begin on the Commencement Date and shall continue
through the Expiration Date as indicated in this Agreement.
b. In the event of: i) Customer's material breach because Customer fails to make any payment
within thirty (30) days of the date of invoice, or ii) any other material breach of this
Agreement by Customer which shall continue for thirty (30) or more days after Notice of
such to Customer, L3Harris shall be entitled to avail itself cumulatively of any and all
remedies available at law or in equity and either: i) suspend performance of its obligations
under this Agreement for as long as the breach remains uncorrected; or ii) terminate this
Agreement by written Notice to Customer if the breach remains uncorrected.
C. In the event of a material breach of this Agreement by L3Harris, Customer shall provide
L3Harris with a reasonably detailed Notice of the breach. L3Harris will have thirty (30)
days to provide a written plan to cure the default and begin implementing the cure plan
immediately after the plan is approved by Customer. Customer shall not unreasonably
disapprove of such cure plan. If L3Harris does not satisfy the requirements of this clause,
Customer may terminate this Agreement effective upon giving a thirty (30) days' written
Notice of termination.
d. If L3Harris, in its sole discretion, provides Services after the termination or Expiration Date
of this Agreement, and if Customer accepts the Services, the terms and conditions in effect
at the time of the termination or Expiration Date will apply to those Services and Customer
agrees to pay for such as Demand Services.
e. Any termination of this Agreement will not relieve either Party of obligations previously
incurred pursuant to this Agreement, including payments which may be due and owing at
the time of termination. All sums owed by Customer to L3Harris will become due and
payable immediately upon termination of this Agreement. Upon the effective date of
termination, L3Harris will have no further obligation to provide Services.
10. CRITICAL SPARES.
a. L3Harris requires Customer to purchase and store at the site (or other location agreed in
writing between the Parties) the Critical Spares set out in Attachment C ("Critical Spares
List"), of this Agreement. From time to time L3Harris will require Customer to purchase
DC-2022-524 Page 9 of 35
UHARRISTM
and store at the site additional Critical Spares, as L3Harris considers necessary for effective
delivery of the Services.
b. L3Harris will not be liable for any failure or delay in providing the Services where such
failure or delay is the direct or indirect result of the failure of Customer to comply with the
previous clause regarding the Critical Spares.
11. SPARE PARTS, SUBSTITUTION, END OF PRODUCTION.
a. If Spare Parts are required to obtain Services, Customer shall be responsible for the
purchase of Spare Parts in addition to the Customer's Critical Spares. L3Harris may, at
Customer's request and in L3Harris' sole discretion, assist Customer in determining an
inventory of suggested Spare Parts.
b. L3Harris will generally support provisioning of its Equipment for a period of five (5) years
after final production. L3Harris will endeavor to provide six (6) months advance
notification of the final production date. Advance notification may be provided by L3Harris
through any manner L3Harris deems appropriate. This may include notification through
a(n): end -of -life notice, customer mailing, Tech -Link notice, letter, memo, or Amendment.
Marris will utilize commercially reasonable efforts to assure its Equipment availability
and shall not be liable to Customer for Equipment obsolescence or Equipment
unavailability under this Agreement beyond L3Harris' commercially reasonable efforts.
L3Harris may replace or repair Equipment with new or substitute products or parts, at its
sole discretion, based on L3Harris' business needs.
C. Third -Party Equipment and Third -Party Support Agreements (relative to the Third -Party
Hardware) will be supported in accordance with the individual manufacturer's
provisioning policy. L3Harris will utilize commercially reasonable efforts to assure Third -
Party Spare Parts, Third -Party Equipment, and/or Third -Party Support Agreements are
available for sale to Customer (at Customer's expense) to support its Services under this
Agreement. L3Harris shall not be liable to Customer for Third -Party Spare Parts and Third -
Party Equipment obsolescence or Third -Party Spare Parts and Third -Party Equipment
and/or Third -Party Support Agreements unavailability under this Agreement beyond
L3Harris' commercially reasonable efforts.
d. At Customer's request, L3Harris shall provide to Customer an estimate of all charges for
any required Third -Party Support Agreements; replacement parts or replacement
equipment of any Spare Part or Equipment that has become obsolete or unavailable.
12. CONFIDENTIALITY.
a. Nothing in this Agreement shall affect any related non -disclosure agreement between the
Parties or other contractual obligations of confidentiality, which will continue in full force
and effect and will apply to the subject matter of this Agreement. Customer shall not
disclose Confidential Information to any Third -Party disclosed by L3Harris under or in
relation to this Agreement.
b. Each Party undertakes not to (and to procure that its employees and contractors will not)
divulge the terms and conditions of this Agreement or any information of a confidential
nature, including but not limited to Confidential Information, disclosed to it by the other,
whether oral or written, and shall not use such information except as contemplated by this
Agreement.
C. The Parry's obligations within this Section shall cease to apply to information which:
i. is or becomes part of the public domain without violation of this Agreement;
DC-2022-524 Page 10 of 35
UHARRISTM
ii. is known and on record at the receiving Party before disclosure by the disclosing Party;
iii. is lawfully obtained by the receiving Party from a Third -Party without similar
restrictions to those herein contained;
iv. is developed by the receiving Party completely independently of any such disclosure
by the disclosing Party;
v. is required to be disclosed by competent government or regulatory agencies, court or
stock exchange provided, however, that the receiving Party shall notify the disclosing
Party as soon as lawfully and practically possible of the requirement to make such a
disclosure.
13. HEALTH, SAFETY, AND OTHER LAWS/REGULATIONS.
a. Each Party shall comply with all relevant Health and Safety laws and regulations in all
respects in relation to its obligations under this Agreement (including without limitation a
safe working environment and methods of working), and each Party shall 'indemnify the
other Party in respect of all costs, liabilities, damages or expenses incurred as a result of
any failure to do so. In the event a work site or Equipment location is determined by
1,311arris to pose a safety or health threat, L3Harris may cancel or suspend the Services
without penalty and until threat no longer exists.
b. L3Harris will comply with applicable Federal, State, and local laws and regulations as of
the date of this Agreement which relate to equal employment opportunity (including
applicable provisions of Executive Order 11246, as amended), workmen's compensation,
Services provided, and the manufacture in L3Harris' facilities of the Equipment delivered
hereunder (including applicable provisions of the Fair Labor Standards Act of 1938, as
amended). The price and, if necessary, delivery of any Equipment and Services will be
equitably adjusted to compensate L3Harris for the cost of compliance with laws or
regulations related to this Agreement.
14. EXCLUSIVITY.
a. Customer shall only permit maintenance, repairs, additions, adjustments, or alterations to
Equipment by a Third -Party with the prior written consent of L3Harris.
b. In the event Customer effects maintenance, repairs, additions, adjustments, or alterations
to the Equipment, Customer represents, warrants and agrees to use only L3Harris approved
parts and procedures as directed by L3Harris for the operation of the Equipment. Note that
the Customer makes such maintenance, repairs, additions, adjustments, or alternations at
its own risk and such actions may cause Services to such Equipment to be excluded.
15. SOFTWARE AND INTELLECTUAL PROPERTY RIGHTS.
a. All patents, trademarks, service marks, or business names, registered designs, copyrights,
design rights, utility models, topography rights, applications to register any of the
aforementioned rights, trade secrets, specifications, drawings, technical information,
know-how and rights of confidence and any other intellectual or industrial property rights
of any nature whatsoever in any part of the world ("IPR") arising under this Agreement,
except to the extent that they comprise or incorporate IPR supplied by Customer, shall, as
between the Parties, vest in and be owned by L3Harris absolutely and Customer shall
acquire no right, title, or interest therein.
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UHARRISTM
b. Any computer program, firmware, or other software forming part of the Equipment or
supplied by L3Harris to Customer pursuant to this Agreement shall remain the exclusive
property of L3Harris (or its licensee) and such software shall, unless otherwise agreed in
writing, be licensed to Customer under the license terms applicable to the Equipment,
software, or systems to which they relate.
C. Unless otherwise indicated, information provided to Customer via Tech -Link is
copyrighted by and proprietary to L3Harris and may not be copied, reproduced,
transmitted, displayed, performed, distributed, sublicensed, altered, stored for subsequent
use, or otherwise used in whole or in part in any manner without L3Harris' prior written
consent.
d. All Software Updates and Security Updates shall be made available to Customer Point of
Contact. In addition, each Software Update shall contain at least one (1) set of Software
Release Notes. In the event any software media incurs damage while being made available
from L3Harris to Customer Point of Contact, then L3Harris shall provide replacements to
Customer at no additional charge.
e. Customer agrees that if it makes any backup copies of any Software Update supplied by
L3Harris, Customer will reproduce any copyright notice and/or proprietary notice
appearing on and/or in such Software Update and will label all copies with all information,
including part numbers and revision levels, provided on the original set of media provided
by L3Harris. Nothing herein grants Customer any right to sublicense any software
included in a Designated System or to distribute copies to any other person or entity, and
such sublicensing and distribution is expressly prohibited.
f. Customer agrees not to modify, enhance or otherwise alter any Software Update unless
specifically authorized in the user documentation provided by L3Harris with such Software
Update or unless the prior written consent of L3Harris is obtained. Under no circumstance
shall Customer create or permit the creation of any derivative work from any Software
Update or the reverse engineering or replication of any Software Update.
g. Third -Party Software and Third -Party Support Agreements (relative to the Third -Party
Software) will be supported in accordance with the individual manufacturer's provisioning
policy. L3Harris will utilize commercially reasonable efforts to assure Third -Party
Software and Third -Party Support Agreements are available for sale to Customer (at
Customer's expense) to support its Services under this Agreement. L3Harris shall not be
liable to Customer for Third -Party Software obsolescence or Third -Party Support
Agreements unavailability under this Agreement beyond L3Harris' commercially
reasonable efforts. At Customer's request, L3Harris shall provide to Customer an estimate
of all charges for any required (and if available) Third -Party Support Agreements or
Software of any Software that has become obsolete or unavailable.
h. Nothing herein grants Customer any right to sublicense any software included as part of
the Equipment or to distribute copies to any other person or entity, and such sublicensing
and distribution is expressly prohibited.
16. FORCE MA.JEURE.
L3Harris shall not be responsible for delays or failures in performance under this Agreement that
are due to causes beyond its reasonable control including, but not limited to a Force Majeure Event
as defined in this Agreement. In the event such delays or failures interrupt L3Harris' Services to
Customer, L3Harris shall promptly notify Customer of the circumstances and the anticipated delay.
Subject to L3Harris promptly notifying Customer in writing of the reason for and likely duration
of the delay, the performance of L3Harris' obligations, to the extent affected by the delay, shall be
DC-2022-524 Page 12 of 35
LMARRISTM
suspended during the period that the cause persists provided that L3Harris shall use all reasonable
efforts to avoid the effect of that cause provided that if performance is not resumed within ninety
(90) days of that Notice the Customer may at any time thereafter, but in any event before
resumption of obligations by L3Harris, by Notice terminate the affected portion of this Agreement.
17. INDEPENDENT CONTRACTOR.
Nothing herein contained shall be construed to constitute the Parties hereto as partners or joint
ventures or the agent of the other Party in any sense of these terms whatsoever, and no Party may
act for or bind another Party in any dealings with a Third -Party.
18. DISPUTES.
The Parties shall attempt to resolve in good faith any disputes arising under or in relation to or in
connection with this Agreement or its subject matter. If good faith negotiations between the Parties
fail to resolve the dispute then, before issuing court proceedings, the Parties shall give due
consideration to the use of mediation or alternative dispute resolution techniques and reference to
independent experts.
19. JURISDICTION.
The construction, validity, and performance of this Agreement shall be governed and interpreted
by the laws of the State of Oregon, excluding its rules pertaining to conflict of laws. L3Harris
consents to the personal jurisdiction of the state and federal courts within the State of Oregon.
Venue for any legal proceedings shall be in any state or federal court in the State of Oregon, and
the Parties waive all objections based on venue or forum non conveniens with respect to this
Agreement.
20. WAIVER OF JURY.
By entering into this Agreement, L3Harris and Customer hereby expressly waive any rights either
Party may have to a trial by jury of any civil litigation related to or arising out of this Agreement.
21. POINT OF CONTACT.
a. Customer shall appoint two or more individuals to each be a Point of Contact who will
interface between the Customer and its employees and L3Harris.
b. Customer shall ensure each Point of Contact is an individual with sufficient technical
expertise to be able to interact knowledgeably with L3Harris' technical support personnel.
C. Names; contact information; and areas of specialty, if applicable, for each Point of Contact
will be provided by Customer and attached as Attachment D ("Point of Contact and
Notice"), to this Agreement.
d. Customer shall provide Notice to L3Harris of any changes to Point of Contact information
and shall submit a new Attachment D ("Point of Contact and Notice") within ten (10)
business days of any significant modifications.
22. NOTICE.
Notices between the Parties shall be transmitted in writing by certified mail nationally recognized
overnight courier service to the Parties at the addresses set forth in Attachment D ("Point of Contact
and Notice") of this Agreement and shall be deemed effective upon receipt by the receiving Party.
Either Party may change its address by giving Notice in writing thereof to the other Party.
DC-2022-524 Page 13 of 35
1►'
„� UHARRIS TM
23. WARRANTY.
a. Any warranty provided outside this Agreement will take precedence for Equipment
covered by such a warranty.
b. SERVICE WARRANTY. ALL SERVICES PROVIDED THROUGH THIS
AGREEMENT SHALL BE PERFORMED IN A WORKMANLIKE MANNER.
EXCEPT AS SPECIFIED IN THIS SECTION, L3HARRIS HEREBY DISCLAIMS AND
- - CUSTOMER WAIVES ALL REPRESENTATIONS, CONDITIONS, AND
WARRANTIES (WHETHER EXPRESS, IMPLIED, OR STATUTORY), INCLUDING
WITHOUT LIMITATION, ANY WARRANTY OR CONDITION (A) OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NONINFRINGEMENT, TITLE, SATISFACTORY QUALITY, QUIET ENJOYMENT
OR ACCURACY, (B) ARISING FROM ANY COURSE OF DEALING, COURSE OF
PERFORMANCE, OR USAGE IN THE INDUSTRY. TO THE EXTENT AN IMPLIED
WARRANTY CANNOT BE DISCLAIMED, SUCH WARRANTY IS LIMITED TO
NINETY (90) DAYS.
c. CUSTOMER REMEDY. CUSTOMER'S SOLE AND EXCLUSIVE REMEDY FOR
BREACH OF WARRANTY UNDER THIS AGREEMENT SHALL BE, AT L3HARRIS'
OPTION, RE -PERFORMANCE OF THE SERVICES, TERMINATION OF THIS
AGREEMENT, REMOVAL OF THE AFFECTED EQUIPMENT FROM THE
EQUIPMENT LIST, REPLACEMENT OF THE EQUIPMENT AT ISSUE, AS
APPLICABLE, CESSATION OR MODIFICATION OF THE APPLICABLE SERVICES
AND RETURN OF THE PORTION OF THE SUPPORT FEES PAID TO L3HARRIS BY
CUSTOMER FOR SUCH NON -CONFORMING SERVICES.
d. REPAIR WARRANTY. ANY REPAIRED OR REPLACEMENT EQUIPMENT
FURNISHED THROUGH SERVICES OF THIS AGREEMENT SHALL BE
WARRANTED FOR THE REMAINING AND UNEXPIRED PORTION OF THE
ORIGINAL WARRANTY PERIOD FOR THAT PART OR EQUIPMENT, OR NINETY
(90) DAYS, WHICHEVER IS GREATER. ANY ORIGINAL WARRANTY PERIOD
SHALL NOT BE EXTENDED. WHERE A FAILURE CANNOT BE CORRECTED BY
L3HARRIS THROUGH COMMERCIALLY REASONABLE EFFORTS, L3HARRIS
WILL REFUND TO BUYER THE FEES PAID FOR THE REPAIRED OR REPLACED
EQUIPMENT LESS DEPRECIATION.
e. L3HARRIS MAY REPLACE OR REPAIR EQUIPMENT WITH NEW OR
SUBSTITUTE PRODUCTS OR PARTS, AT ITS SOLE DISCRETION, BASED ON
L3HARRIS' BUSINESS NEEDS.
24. LIMITATION OF LIABILITY.
a. Nothing in this Agreement shall limit L3Harris' or its suppliers, agents, subcontractors,
representatives' liability for personal injury or death caused by its negligence.
b. L3Harris' liability to Customer or to any Third -Party arising out of or in connection with
this Agreement or any collateral contract, whether in contract, tort (including, without
limitation, negligence) or otherwise shall be limited to the greater of i) amounts paid or
payable by Customer to L3Harris for the applicable Services during the six (6) months
preceding the event or circumstances giving rise to such liability or ii) one hundred
thousand ($100,000) US dollars. The liability of L3Harris shall be cumulative and not per
incident.
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C. Subject to the exceptions set forth in this Section, in no event shall L3Harris or its suppliers,
agents, subcontractors, representatives be liable for any incidental, special, punitive or
consequential damages, lost profits or lost or damaged data, or any indirect damages,
whether arising in contract, tort (including negligence) or otherwise even if such losses or
damages were foreseen, foreseeable, known or otherwise.
25. COVERAGE, INTERFERENCE, AND THIRD -PARTY FACILITIES.
- Representations concerning the distance at which usable radio signals will be transmitted- and --
received by the Equipment supplied hereunder shall not be binding upon L3Harris unless reduced
to a writing signed by an authorized representative of L3Harris and made a part of this Agreement.
Radio systems are subject to degradation of service from natural phenomena and other causes
beyond the reasonable control of L3Harris such as motor ignition and other electrical noises, and
interference from other users assigned to the same or adjacent frequencies. L3Harris cannot be
responsible for interference or disruption of Services caused by operation of other radio systems
or by natural phenomena or by motor ignition or other interference over which there is no
reasonable control. Such interference and noise can be minimized by addition (at Customer's
expense) of corrective devices adapted for locations and installations. L3Harris may, at
Customer's request and at Demand Services, investigate interference reported by Customer, and
make recommendations as to the use of such devices; however, total freedom from noise and
interference cannot be guaranteed. In the event Customer utilizes facilities or services supplied
by others such as common carrier services or shared services, L3Harris shall have no responsibility
for the availability or adequacy of any such facilities or services.
26. INSURANCE.
L3Harris shall obtain and at all times during the Term of this Agreement keep in full force and
effect comprehensive general liability and auto liability insurance policies issued by a company or
companies authorized to do business in the State(s) in which Customer's facilities are located, with
liability coverage provided for therein in the amounts of at least $1,000,000.00 CSL (Combined
Single Limits). Coverage afforded shall apply as primary and evidenced by a Certificate of
Insurance ("COI"), upon Customer's request.
27. SUBCONTRACTORS.
a. L3Harris may subcontract Services in whole or in part. Should any subcontractor fail to
perform, or their work otherwise proves unsatisfactory by L3Harris, 1,31-larris will arrange
for continuing Services or Demand Services by qualified technicians for the duration of
this Agreement.
b. L3Harris shall not be liable for any work performed by a subcontractor, unless such
subcontractor is performing work under L3Harris' direction and pursuant to a mutually
executed agreement between L3Harris and the Customer.
C. During the Term of this Agreement and continuing for a period of two (2) years after,
Customer will not hire, engage on contract, solicit the employment of, or recommend
employment to any Third -Party, any employee of L3Harris, or its subcontractors without
the prior written authorization of WHarris. This condition applies only to those employees
of L31-larris or its subcontractors who are responsible for rendering Services under this
Agreement. Customer shall not, however, be prohibited from employing any such person
who contacts Customer on his or her own initiative and without any direct solicitation.
28. GENERAL.
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UHARRISTM
a. The failure of either Party to enforce any provision of this Agreement does not constitute
a waiver of such provision and shall in no way affect the right later to enforce the terms
and conditions. All waivers must be provided in writing by the Party waiving their rights
under this Agreement.
b. This Agreement cannot be amended, modified or any provisions waived orally. The Parties
must execute an Amendment for any changes, amendments, or modifications to be
C. If any part or parts of this Agreement are held illegal, invalid, or unenforceable by any
court or administrative body of competent jurisdiction, such determination shall not affect
the legality, validity, or enforceability of the remaining parts of this Agreement which shall
remain in full force and effect. Where available, the Parties shall use commercially
reasonable efforts to agree upon a new stipulation resembling the invalid one in commercial
purpose and effect.
d. This Agreement may not be assigned by either Party without the consent of the other Party,
which consent shall not be unreasonably withheld. Notwithstanding the immediately
preceding sentence, L3Harris may: i) assign all its rights, obligations and liabilities under
this Agreement to any subsidiary or parent company; or ii) assign its rights to monies due
or payable under this Agreement; provided, that, L3Harris shall provide Customer with
Notice of any such assignment. L31-larris' assignment of monies due or payable under this
Agreement will not relieve 1,31-larris of any obligations or responsibilities to Customer
hereunder.
29. MERGER/ENTIRE AGREEMENT.
This Agreement is the complete agreement between the Parties concerning the subject matter of
this Agreement and replaces any prior implied, oral, or written communications between the
Parties. There are no conditions, understandings, agreements, representations or warranties
expressed or implied, that are not specified herein.
IV. DEFINITIONS
1. AMENDMENT. Means a written order, signed by both Parties, that amends, modifies, or waives
any terms and conditions and/or Services of this Agreement.
2. BUSINESS HOURS. Means the hours of 8:00 a.m. to 5:00 p.m. local time, Monday through
Friday excluding, national, state, and local holidays. Local time and local holidays are based on
where the Customer's site(s) are located.
3. COMMENCEMENT DATE. Means the date on which the Term of this Agreement begins as
outlined in this Agreement.
4. CONFIDENTIAL INFORMATION. Means all pricing, software, technical, and IPR,
commercial, financial, proprietary, trade secret, or other information and materials concerning the
business and affairs of L3Harris.
5. CRITICAL SPARES. Means the Spare Parts a Customer is required to have on site at all times,
as described in this Agreement and listed in Attachment C ("Critical Spares List").
6. DEMAND SERVICES. Means service requests beyond the scope of this Agreement. Demand
Services may be performed for an additional cost, as determined by L3Harris. The installation,
maintenance, repair, removal, reinstallation, and/or replacement of equipment not associated with
the Services as defined in this Agreement shall be considered Demand Services. L3Harris has the
right to reasonably refuse to provide Demand Services. Work performed outside of Business Hours
DC-2022-524 Page 16 of 35
(fp UHARRISTM
may be considered Demand Services. Time lost or changes in the Services due to any delay caused
by Customer's action or inaction may be considered Demand Services.
7. DESIGNATED SYSTEM(S). Means the L3Harris system(s) purchased by Customer and
identified in Equipment List. The Designated System does not include excluded products or other
systems to which the Designated System may be linked.
8. DIAGNOSTIC FEE. Means the fee that is charged if Customer disapproves charges to repair
and/or replace Equipment upon L3Harris' determination for repair or replacement of Equipment,
as per applicable service in Attachment B ("Service Description"). L3Harris will charge Customer
a Diagnostic Fee based on the repair facility used and return the unrepaired Equipment to
Customer.
9. EMERGENCY CALLS. Means calls received by L3Harris from Customer for Priority Technical
Support (PTS) or Preferred Technical Support, as applicable, because of the Designated System
being partially or completely off the air.
10. EQUIPMENT. Means the Hardware, Platform, software, and Designated System(s), for which
Services are to be provided under this Agreement as identified exclusively and expressly outlined
in the Equipment List attached to this Agreement as Attachment A ("Equipment List").
11. EXCLUDED SERVICES. Means the services specifically excluded in this Agreement as
outlined within the Excluded Services of this Agreement, or other exclusions defined additionally
in other parts of this Agreement.
12. FORCE MAJEURE EVENT. Means any event or circumstance or combination of events or
circumstances that: i) is beyond the reasonable control of the affected Party; ii) could not have
been mitigated, avoided, or prevented through the exercise of reasonable care and precautions; and
iii) materially and adversely affects the performance by such Party of all or a part of its obligations
under or pursuant to this Agreement. Force Majeure Events include but are not limited to acts of
God, acts of government, war (declared or undeclared), insurrection, acts of terrorism, fires, severe
weather, floods, earthquakes, epidemics, pandemics (including but not limited to COVID-19),
quarantines, strikes, labor disputes, blackouts, embargoes, natural disaster, emergency conditions
incompatible with safety or good quality workmanship, invasion, armed conflict or act of foreign
enemy, blockade, revolution, rebellion, riot, civil commotion, sabotage; radioactive contamination
or ionizing radiation; labor or material shortages that could not have been reasonably foreseen;
any changes in law, including changes in tax laws; any lightning, hurricane, drought, tsunami,
monsoon, tempest, storm, cyclone, volcano, mudslide, typhoon, tornado, or other unusually severe
weather or act of nature; explosion or chemical contamination; any blight, famine, plague; any
transportation accidents; suspension of flight operations due to inclement weather; delays of
suppliers at any tier arising from unforeseeable causes beyond the control and without the fault or
negligence of both L3Harris and its supplier, or any similar unforeseen event that renders
performance commercially implausible.
13. HARDWARE. Means, collectively, Infrastructure Hardware.
14. INFRASTRUCTURE. Means the i) Radio Frequency (RF) site (consisting of only a duplexer,
combiner, multicoupler, channels, Internet Protocol (IP) channel routers with interface cards,
Network Sentry, Unified Audio Card (UAC), and Mini -Mobility Exchange (MME); ii) the
dispatch site (consisting of only IP consoles, IP console switches, IP console routers, IP console
internal interface cards, and IP console power supplies; or iii) VIDA Core equipment (consisting
of only the VIDA Core IP server, storage array, IP router, backup device, firewall, fault
management data collection device, and network management pc interface). Infrastructure and
respective quantities are specifically itemized in the Equipment List.
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(D L3HARRISTM
15. INFRASTRUCTURE HARDWARE. Means the equipment, goods, and materials for the
Infrastructure.
16. L311ARRIS LICENSED PROGRAMS. Means all L3Harris software programs and associated
documentation nonexclusively licensed to Customer by L3Harris for use solely with the
Designated System(s).
17. NON-L3HARRIS INFRASTRUCTURE. Non L3Harris Infrastructure may comprise of the
following: microwave or data transport system components (such as microwave, fiber,
multiplexors, and routers), logging recorders, timing receiving or generation systems, towers,
tower top amplifiers, shelters, fences, landscaping, dehydrators, fuel tanks, alternating or direct
current power systems (uninterruptible power supply (UPS), bi-directional amplifiers (BDAs),
monitors, inverters, converters, generators, or feeds), heating ventilation air conditioning (HVAC),
fire suppression, and/or other environmental monitoring or affecting systems. Non-L3Harris
Infrastructure and respective quantities for which Services will be provided are specifically
itemized in the Equipment List.
18. ON -SITE CORRECTIVE MAINTENANCE. Means investigation of a Customer -reported
problem at Customer's location after remote diagnostics are made and repair or replacement of
Equipment, if necessary, using Customer purchased Spare Parts.
19. OPERATING SYSTEM PATCHES. Means modifications made by vendors of Third -Party
Software Products to address issues or provide Security Updates.
20. OPERATING SYSTEM PATCH DISTRIBUTION. Means providing Operating System
Patches to which the Customer is entitled under this Agreement for the Security Update
Management Service (SUMS+), if applicable.
21. PLATFORM. Means the Infrastructure Hardware in combination with the operating system.
22. POINT OF CONTACT. Means the person(s) identified in this Agreement., as designated by
the Customer. The Point of Contact will be the primary interface between Customer's employees
and L3Harris.
23. PREVENTIVE MAINTENANCE. Means tests, checks, and alignment on Customer's
Equipment to ensure that the Equipment meets the specifications of each Equipment's manual.
24. RESPONSE TIMES. Means the expected timeframe for L3Harris to respond to an unscheduled
system problem or outage event as described in the applicable Attachment B ("Service
Descriptions").
25. SECURITY TECHNICAL IMPLEMENTATION GUIDE (STIG). Means a methodology for
standardized secure installation and maintenance of computer software and hardware.
26. SECURITY UPDATES. Means updates to software meant to mitigate, address and/or resolve
product security vulnerabilities in system components offered by L3Harris. These updates include
Vendor Patches and/or Vendor Work-Arounds. Third -Party Software Product remediations and
security policy updates provided by VIDA Secure Sentry, as applicable.
27. SECURITY UPDATE DISTRIBUTION. Means providing Security Updates to which the
Customer is entitled under this Agreement and the VIDA Secure Sentry Installation, as applicable.
28. SERVICE(S). Means Services to be provided by L3Harris, as identified and limited in the Section
I. ("Scope"), Section II. ("Services"), and more specifically described in Attachment B ("Service
Descriptions"), to be performed on Equipment identified on the Equipment List, as applicable.
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0 L3HARRISTM
29. SOFTWARE RELEASE NOTES. Means a set of notes provided by L3Harris detailing the
contents of the Software Update or Operating System Patches, as applicable, and providing
installation instructions, as applicable.
30. SOFTWARE UPDATES. Means L3Harris provided Software Updates for L3Harris Licensed
Programs available for corrections, modifications, or minor enhancements to software for
Equipment under this Agreement, including enhancements and/or corrections to existing features
for the Equipment.
31. SPARE PART(S). Means additional parts required to complete repairs of the Equipment.
32. SUMMARY REPORT. Means communication to indicate action taken in a report to be provided
to Customer within the frequency and intervals, and as exemplified under the applicable
Attachment B ("Service Descriptions") for Services, or in another format as determined by
L3Harris.
33. SUPPORT FEES. Means the amounts listed in Section II. ("Services") in USD.
34. SYSTEM ADMINISTRATION. Means maintaining the Unified Administration System (UAS)
database of radio terminals authorized to operate on Customer's system by adding, deleting, and/or
modifying radio terminals from UAS and initiate radio terminal Disable/Enable commands as
necessary, and as requested by Customer.
35. SYSTEM RELEASE. Means a specific combination of Platform, software, and operating system.
36. TAC. Means the L3Harris Technical Assistance Center.
37. TECH -LINK. Means the technical information section of L31-larris' web site. Access is restricted
to authorized subscribers via a user ID and password login.
38. TERMINALS. Means mobile radios, portable radios, control stations, vehicle repeaters, or back
up dispatch radios that consist of mobile or portable radios as their prime radio transmitter.
Terminals and respective quantities are specifically itemized in the Equipment List.
39. THIRD-PARTY(IES). Means any entity other than L3Harris that provides products or services
to Customer, whether managed by or processed through L3Harris.
40. THIRD -PARTY SOFTWARE PRODUCTS. Means software owned by a party other than
L3Harris excluding Original Equipment Manufacturer software licensed by L3Harris to Customer
as part of the software.
41. THIRD -PARTY SUPPORT AGREEMENT(S). Means Third -Party agreements provided by
Third -Party to provide technical support for their Third -Party products whether hardware or
software. These Third -Party Support Agreements allow for installation of Operating System
Patches within the Designated System and are required in order for Customer to receive SUMS+,
SMS, and VIDA Secure Sentry services, as applicable.
42. VENDOR PATCHES. Means software patches provided by Third -Party software vendors that
mitigate, address and/or resolve issues with their provided software.
43. VENDOR WORK-AROUNDS. Means configuration and/or procedural changes provided by
Third -Party software vendors that mitigate, address and/or resolve issues with their provided
software.
Intending to be bound hereby, the L3Harris and Customer have caused this Agreement to be executed, as
of the latest date below, by the Parties' duly authorized representatives.
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L3HARRIS TECHNOLOGIES, INC.
Bv:
Name:
Date:
CUSTOMER
By:
Name:
Title:
Date:
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11* TM
OHARRIS
ATTACHMENT A
EQUIPMENT LIST
The Services will apply for the following Equipment:
INFRASTRUCTURE
Where applicable, the Designated System will be defined as the following L311arris Infrastructure:
DESIGNATED SYSTEM
SITE LOCATIONS
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ATTACHMENT B
SERVICE DESCRIPTIONS
I. SERVICES
L3Harris Infrastructure Managed Services Packages Managed Service
Premium Technical Support (PTS) — 3' Party Maint Agreement ; Included Infrastructure
-- —
_ Security Update Management Service (SUMS+) Included Infrastructure
Software Managed Services (SMS) Included Infrastructure
SMS Installation Servuce (4xs per year) Included Infrastructure 1
Security Update Installation Services (4xs per year) _ ( Included Infrastructure
Annual Preventive Maintenance Included Infrastructure
Priority TAC 7x24 Included Infrastructure
(1) Planned Core/Network Upgrade _ _ C Included Infrastructure i
_. _.
On -Site Corrective Maintenance (40 hrs. annually) Included Infrastructure
Obsolescence Protection (Gateway & Consoles) ( Included Infrastructure
I. PREMIUM TECHNICAL SUPPORT (PTS)
1. Service Description. Provides technical assistance to answer questions and help resolve issues.
Provides support renewals for Third -Party software licenses as needed to provide the Services,
and support renewals for server and networking equipment used in the Designated System.
2. Service Request. Customer's Point of Contact shall follow Section II1.7 ("Service Request
Procedure"), and specifically call L3Harris' Technical Assistance Center (TAC) at 1-800-528-
7711 or email PSPC_TAC@L3Harris.com.
3. Levels of Technical Assistance Support:
a. Level 1 First Line Support. Means telephone helpdesk or answer center receiving Customer's
inbound Service Requests via phone, web forms, or email. L3Harris service representatives
log, categorize, prioritize, and route incidents reported by Customers and can implement
basic, documented break -fix tasks.
b. Level 2 Second Line Support. Means troubleshooting of Service Requests via L3Harris
documented processes and workflows and maintaining a Run -Book which is used to record
Service Requests, resolutions, and assists in collaborating with any other support or
dependency groups in case the incident has linkage to other support personnel or outside
vendors.
c. Level 3 Third Line Support. Means detailed troubleshooting of Service Requests by L3Harris
technical experts who resolve issues that are typically difficult or subtle; participate in
management, prioritization, minor enhancements, break fix activities, problem management,
stability analysis; subject matter experts in technology platforms. If a fix involves a major
enhancement or a development, the problem is transferred to L3Harris engineering. L3Harris
engineers may require root or administrator access to the Designated System.
d. Level 4 Product and Vendor Support. Means direct support by L3Harris or vendor product
architects, engineers, software developers, or hardware designers. The Service Request
escalation process may involve product bugs, detailed configuration requirements, or other
expert level guidance. Level 4 support is subject to the limitations of Third -Party Support
Agreements and as indicated under the General Terms and Conditions section of this
Agreement.
4. L3Harris Responsibilities:
a. Provide Customer with 24x7x365 Level 1 First Line Support through Level 4 Product and
Vendor Support for resolving issues with the Equipment.
b. Respond to non -Emergency Calls within two (2) hours from the time of Service Request
c. Respond to Emergency Calls within one (1) hour from the time of Service Request.
DC-2022-524 Page 22 of 35
UHARRISTM
d. Provide Customer with access to Tech -Link.
e. Manage Third -Party Equipment and software subscription services and licenses to ensure
Customer can receive, as applicable, Security Updates, Operating System Patches, Level 3
Third Line Support, and Level 4 Product and Vendor Support for Third -Party Equipment and
its software as included in the Equipment List. Subject to the limitations of Third -Party
Support Agreements and as indicated under the General Terms and Conditions section of this
Agreement, this includes the purchase of Third -Party software subscription renewals and
- software licenses when necessary to provide the Services. Additionally, this includes the
purchase of support renewals for server and networking equipment used in the Designated
System.
f. Provides new versions of Third -Party software applications as part of Premium Technical
Support (PTS) when installation of Software Updates requires a new version of Third -Party
software application.
g. Coordination with On -site support services, as necessary. On -site support services are not
included in Premium Technical Support but may be purchased by the Customer as Demand
Services.
II. SECURITY UPDATE MANAGEMENT SERVICES (SUMS+)
1. Service Description. Provides periodic updates to Operating System Patches, as available, and as
described below to mitigate identified software vulnerabilities.
2. Service Request. No Service Request is needed. L3Harris shall notify Customer when Operating
System Patches are available. For additional SUMS+ related Services, Customer's Point of
Contact may contact TAC by calling 1-800-528-7711.
3. L3Harris Responsibilities:
a. Provide periodic Operating System Patches, as available, and as described below to mitigate
identified software vulnerabilities. Operating System Patches will contain at least one (1) set
of Software Release Notes. Operating System Patches will include patches for the Third -
Party operating systems used in the Infrastructure.
i. Operating System Patches Upon Enrollment. As determined by a system configuration
baseline and documentation audit performed by L3Harris, L3Harris shall provide to
Customer the Operating System Patches required, if any, to bring the L3Harris
Operating System Patches within the Designated System(s) up to L3Harris current
levels. This excludes updates to new versions of Third -Party Software Products. New
versions of Third -Party Software Products are included as part of PTS Service
Description. Customer will be required to have current license, services, and/or support
agreement(s) with Third -Party vendor(s) which allow for installation of Operating
System Patches within the Designated System. L3Harris shall assist Customer in
obtaining necessary Third -Party Support Agreements through PTS. Any additional
cost to secure these Third -Party Support Agreements is the sole responsibility of the
Customer.
ii. Subsequent Operating System Patches. During the Term, L3Harris shall provide
Operating System Patches to Customer for Third -Party operating system software
included in the Designated System.
b. Monitoring. L3Harris uses reasonable efforts to monitor pertinent governmental, vendor,
independent sources, and open source information databases to identify vulnerabilities and
subsequent resolutions applicable to Third -Party operating systems used by the Designated
System(s). L3Harris shall identify and document latest known system vulnerabilities and
compliance issues discovered and provide a status and recommendations report via Tech -
Link.
c. Operating System Patches Pretest. Operating System Patches are tested on dedicated security
verification test systems to ensure proper system operation prior to general release.
DC-2022-524 Page 23 of 35
UHARRISTM
d. Delivery. Operating System Patches shall be provided to the Customer Point of Contact.
i. Operating System Patches are electronically distributed to target devices via a client -
server application running within the Designated System(s). This application provides
the full scheduling capabilities should an application restart or server reboot be
necessary to complete the update process.
ii. Telephone support is available through TAC, with respect to the installation of
Operating System Patches.
iii. On -site support for installation is not included in SUMS+ -but may be purchased by the
Customer. See SUMS+ Installation.
4. Limitations. Operating System Patches provided by L3Harris are limited to L3Harris' current
and current minus one System Release levels, therefore, Customer may be required to purchase
and install, at Customer's expense, additional or upgraded Hardware or software in order to take
full advantage of Operating System Patches. NOTHING IN THIS AGREEMENT OR
OTHERWISE REQUIRES L3HARRIS TO PROVIDE OPERATING SYSTEM PATCHES
THAT REMAIN COMPATIBLE WITH DESIGNATED SYSTEM HARDWARE OR TO
PROVIDE ADDITIONAL HARDWARE UNDER THIS AGREEMENT.
5. Customer Delegation. Customer hereby delegates, grants, and assigns to L3Harris, acting as the
Customer's agent, all approval rights relating to the selection of Operating System Patches. All
approvals given to Third -Party vendors by L3Harris shall be deemed as being granted by the
Customer.
III. SOFTWARE MANAGED SERVICES (SMS)
1. Service Description. Provides periodic Software Updates to L3Harris Licensed Programs.
2. Service Request. No Service Request is needed. L3Harris shall notify Customer when SMS are
available. For additional SMS related Services, Customer's Point of Contact may contact TAC
by calling 1-800-528-7711.
3. L3Harris Responsibilities:
a. Deliver Software Updates electronically to Customer's Point of Contact and make available
for download by Customer unless Customer requests and it is mutually agreed to provide the
Software Update in another format. Hardware purchases or upgrades, at Customer's expense,
may be necessary for Customer to fully implement the Software Updates.
b. Provide at least one (1) set of Software Release Notes.
c. Provide replacements to Customer at no additional charge, for any software media that incurs
damage during shipment.
d. Make available system level release documentation, prior to the general release of a major
System Release by L3Harris for L3Harris Licensed Programs, announcing the impending
release, and detailing its contents and impact, if any, on any other L3Harris Hardware or
software components.
4. Compatibility with Hardware. Customer acknowledges that Software Updates may not operate
on older hardware. NOTHING IN THIS AGREEMENT OR OTHERWISE REQUIRES
L31-IARRIS EITHER TO DESIGN UPDATES THAT REMAIN COMPATIBLE WITH
DESIGNATED SYSTEM HARDWARE OR TO PROVIDE ADDITIONAL HARDWARE
UNDER THIS AGREEMENT.
5. System Configuration Baseline and Documentation Update. As part of the initial enrollment
process, L3Harris may deem it necessary to conduct a system audit of the Designated System(s)
to be covered under this Agreement. If said audit is required, audit will be conducted and used
to verify Customer's first -year SMS fee and to determine the System Release levels for L3 Harris
Licensed Programs contained within the Designated System at the time of enrollment, together
with any Hardware updates necessary to accommodate Software Updates. Customer may incur
additional costs for modifications or updates required to initiate the SMS.
DC-2022-524 Page 24 of 35
0 UHARRISTM
6. Installation Phone Support. Customer may use TAC telephone support with respect to the
installation of Software Updates.
7. Tech -Link. Customer, through the Customer Point of Contact, will have access to Tech -Link via
a user ID and password authorization to access release documentation and downloadable
distribution media.
8. Services Not Included. Unless Obsolescence Protection and/or Planned Network Upgrade, as
applicable, are purchased by Customer (See Section II. Services, of this Agreement), Hardware
upgrades, are not included within the scope of this Agreement.
a. If a Software Update requires a corresponding Hardware change, Customer will be required
to separately purchase the compatible Hardware to fully install and utilize the Software
Update. L3Harris will endeavor to notify Customer in advance of any Hardware changes
needed to implement a Software Update, via the system -level release documentation or other
reasonable method of communication from L3Harris.
b. The installation of Software Updates may require a new version of one or more Third -Party
software applications which new versions of Third -Party software applications are not
included as part of SMS.
IV. SMS INSTALLATION
1. Service Description. Manages the installation of SMS Software Updates 4 times annually.
2. Service Request. To initiate this Service, Customer's Point of Contact shall follow Section III.7.
("Service Request Procedure"), and specifically call their Regional Service Manager, identified
in Attachment D ("Point of Contact and Notice").
3. L3Harris Responsibilities:
a. Install the L3Harris Software Updates 4 times annually during the Term
of this Agreement.
b. Provide Customer with a Business Hours installation schedule and approximate Equipment
out of service periods (if any).
C. Provide labor (during Business Hours) for SMS installation per L3Harris Licensed Software
Update installation process.
d. Provide Customer with a Summary Report as part of the installation of SMS Software
Updates as exemplified below, or another format as determined by L3Harris:
WO
Date
Task
Description of Software Package
Completion Date
No.
Software Update
Loaded new software per release
7/4/2021
123456
7/4/2021
received.
notes.
4. Exclusions:
a. This SMS Installation Service does not include upgrade or update efforts requiring network
engineering, design engineering, configuration engineering, system engineering, program
management, or full software installation or software implementation or major system
upgrades requiring component or hardware updates or upgrade. Not included in Software
Updates are system updates from any previously released software update. Upon request for
these updates, software installation services, or any services requiring network engineering,
design engineering, configuration engineering, system engineering, or program management
services, L3Harris will provide a detailed quote for Customer to purchase separately.
V. STANDARD REPAIR SERVICES
1. Service Description. Provides factory/depot repair services for the Equipment.
2. Service Request.
DC-2022-524 Page 25 of 35
UHARRISTM
a. Customer's Point of Contact shall initiate a Return Material Authorization ("RMA") request
for repair services through the online portal at L3Harris.com or by calling UHarris at 1-800-
368-3277.
b. A Return Material Authorization ("RMA") will be provided to Customer within two (2)
business days from the date of receipt of Customer's RMA request.
c. Customer shall follow the instructions listed on the RMA. Customer shall ship, at Customer
expense, the Equipment to the address specified in the RMA. Customer shall include a copy
of the RMA form- inside the box, and clearly display the RMA number on the outside of the
box containing the Equipment.
d. Customer shall pack Equipment adequately to prevent damages during transit and bear the
risk of damage during transit. Equipment damaged during transit will be returned to
Customer un-repaired and may incur a Diagnostic Fee. If Customer wants multiple items
listed on a single RMA to be returned together, Customer must specifically request a
complete shipment from UHarris.
3. Schedule for Standard Repairs.
a. Standard repairs will be completed in approximately ten (10) business days for L3Harris
Equipment, and approximately thirty (30) business days for Third -Party Equipment from the
date of receipt of the Equipment.
b. If Customer wants the Equipment repaired sooner than the estimated dates within this
Section, the Customer must contact L3Harris for additional options which may result in
additional charges.
4. L3Harris Responsibilities:
a. Notify Customer if any Equipment, received from Customer, appears damaged during
shipment or is missing.
b. Verify the Equipment received against Customer submitted RMA.
c. Perform a visual inspection and operational check on Equipment to determine nature of the
problem and repairs required.
d. Make the required repairs and test the functionality of the repaired Equipment or manage the
repair through the Third -Party manufacturer, if applicable.
e. Package, ship, and return the repaired Equipment to Customer, at L3Harris' expense, as the
Equipment is repaired.
f. Provide a Summary Report similar to the example below, or another format as determined
by UHarris:
WO
Date
Problem
Resolution
Resolution Date
No.
No card
Corrupt software. Reloaded.
7/4/2021
123456
7/4/2021
communication.
Passed communication tests.
5.
6.
g. Ship multiple Equipment listed on a single RMA together only if Customer specifically
requests complete shipment.
h. Pack outbound shipments properly and bear the responsibility for damage that occurs prior
to delivery to Customer.
Customer Verification. At Customer's expense, Customer shall reinstall and validate operation
of repaired Equipment.
Non -Standard Repair.
a. L3Harris may determine, in its sole discretion that the repair of Equipment is not within the
scope of Services of this Agreement. This may be due to the unavailability of parts,
equipment or part obsolescence; or because the services needed are Excluded Services, as
described in Section III. 5 ("Excluded Services");
b. If L3Harris determines, for the reasons set forth above, that Equipment is not within the scope
of this Agreement, L3Harris shall determine and provide to Customer an estimate of
DC-2022-524 Page 26 of 35
UHARRISTM
additional time required and either i) all additional charges required to perform repairs or ii)
the cost to replace the Equipment.
c. If Customer approves the additional charges, the repaired or replacement Equipment shall be
shipped to Customer. If Customer disapproves the additional charges, 1,31-larris will charge
a Diagnostic Fee and return the unrepaired Equipment to Customer.
VI. ANNUAL PREVENTIVE MAINTENANCE
1. Service Description. Includes regularly scheduled tests, checks, and routine -alignments -of the
Infrastructure Equipment.
2. Service Request. To initiate this Service, Customer's Point of Contact shall follow Section II1.7
3. ("Service Request Procedure"), and specifically call their Regional Service Manager listed in
Attachment D ("Point of Contact and Notice").
4. L3Harris Responsibilities:
a. Provide Customer with a Preventive Maintenance Business Hours schedule and approximate
Equipment outage times (if any).
b. Perform Preventive Maintenance on the Equipment based on 1,31-larris' best practices and in
accordance with the Preventive Maintenance Table(s).
c. Provide Customer with a Summary Report in the format shown in the Table(s) below, or
another format as determined by 1,31-larris.
Technician
INFRASTRUCTURE EQUIPMENT PREVENTIVE MAINTENANCE TABLE
Date
PREVENTIVE MAINTENANCE PERIOD PASS
(IF APPLICABLE & AS NECESSARY) FAIL
GENERAL
Check RF, data and audio cable
condition
Annual
Check general alarm status, troubleshoot
and investigate any found alarm
conditions
Annual
Check condition of punch blocks
Annual
Perform a general talkgroup test
Annual
Perform a multisite test
Annual
Perform an individual call test
Annual
MASTR V
Check simulcast timing, adjust
Annual
BASE STATION
(Manual MM-
017079-001)
Check transmitter RF power output
Annual
doesn't exceed station authorization
Check transmitter frequency stability is
Annual
within correct ppm of specification
Check modulation deviation is within
Annual
correct kHz of specification
Check Receiver BER
Annual
Verify alarm functionality
Annual
Check call processing, each channel
Annual
DC-2022-524 Page 27 of 35
UHARRISTM
PREVENTIVE MAINTENANCE PERIOD PASS
(IF APPLICABLE & AS NECESSARY) FAIL
Clean physical filters Annual
Inspect RF lines Annual
Inspect audio and data cables for snug Annual
connection
rolling
Perform power sue& voltage checks
Annual
o-
MASTR III
BASE STATION
(Manual
MM102554V 1)
Check simulcast timing, adjust
Annual
Check transmitter RF power output
doesn't exceed station authorization
Annual
Check transmitter frequency stability is
within correct pprn of specification
Annual
Check modulation deviation is within
correct kHz of specification
Annual
Check receiver sensitivity
Annual
Verify alarm functionality
Annual
Check basic call processing, each
channel
Annual
Clean physical filters
Annual
Inspect RF lines
Annual
Inspect audio and data cables for snug
connection
Annual
Verify control channel operation and
rolling
Annual
Perform power supply voltage checks
Annual
Verify GPS sync
Annual
GPS
RECEIVERS
Verify alarm functionality
Annual
Verify battery functionality
Annual
Check power supply voltage
Annual
NETWORK
Check and verify RNM alarms
Annual
Inspect Ethernet cables
Annual
Check MPLS router voltage
Annual
Check MPLS router cables
Annual
Check MPLS router alarms
Annual
Check dual CPU operation
Annual
Check servers for dust
Annual
Check console link to VNIC
Annual
CONSOLES
DC-2022-524 Page 28 of 35
UHARRISTM
PREVENTIVE MAINTENANCE PERIOD PASS
(IF APPLICABLE & AS NECESSARY) FAIL
Check RF, data and audio cable Annual
condition
Verify operation of touch screen monitor Annual
Check and clean kevboard Annual
Verify console basic call functionality Annual
Check select and unselect speaker audio Annual
output for clarity
CONSOLE I Check microphone, headset jacks, foot I Annual
ACCESSORIES switches for condition and functionality
PAGING UNIT I Check functionality I Annual
CALL Check functionality Annual
DIRECTOR
ISSI Check functionality Annual
r Check for alarms Annual
FIBER RING Verify fiber ring switching functionality Annual
Check condition of fiber cables Annual
Check fiber connection unit for alarms Annual
VIP CONSOLES Check for system connectivity Annual
Verify cd drive functional Annual
Verify console basic call functionality Annual
Check select and unselect speaker audio Annual
output for clarity
Check microphone, headset jacks, foot Annual
switches for condition and functionality
VOTER Check audio input and output levels Annual
Check voting operation Annual
Check power suaaly voltage Annual
VII. SUMS+ INSTALLATION
1. Service Description. Manages the installation of SUMS+ Operating System Patches on a periodic
basis.
2. Service Request. To initiate this Service, Customer's Point of Contact shall follow Section III.7.
("Service Request Procedure"), and specifically call their Regional Service Manager listed in
Attachment D ("Point of Contact and Notice").
3. L31-Iarris Responsibilities:
DC-2022-524
Page 29 of 35
AR It TM
i
.: r r
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a. Install the Operating System Patches.
b. Provide Customer with a Business Hours installation schedule and approximate Equipment
out of service periods (if any).
c. Provide labor (during Business Hours) to install SUMS+ Operating System Patches.
d. Provide Customer with a Summary Report in the format shown below, or another format as
determined by L3Harris:
WO
Date -
- Task
- Description -
- Completion Date
No.
Operating System
Loaded new Operating System
7/4/2021
123456
7/4/2021
Patches received.
Patches per release notes.
4. Exclusions:
a. This SUMS+ Installation Service does not include upgrade or update efforts requiring
network engineering, design engineering, configuration engineering, system engineering,
program management, or full software installation or software implementation or major
system upgrades requiring component or hardware updates or upgrade. Not included in
Operating System Patches are system updates from any previously released Operating
System Patches. Upon request for these updates, software installation services, or any
services requiring network engineering, design engineering, configuration engineering,
system engineering, or program management services, L3Harris will provide a detailed quote
for Customer to purchase separately.
VIII. PLANNED NETWORK UPGRADES
1. Service Description: Provide, at set intervals, new Infrastructure Hardware required to update the
Platform and bring the Equipment up to date and compatible with the current System Release.
2. Service Request. To initiate this Service, Customer's Point of Contact shall follow Section I1I.7.
("Service Request Procedure"), and specifically call their Regional Service Manager listed in
Attachment D ("Point of Contact and Notice").
3. L3Harris Responsibilities:
a. Perform a system audit to determine if any system modifications have been made that impact
L3Harris' ability to perform the Planned Network Upgrade. Customer accepts that the
L3Harris labor quoted may be increased if system modifications are found during the system
audit. L3Harris will provide the Customer a written report of the audit findings and any
changes to the Planned Network Upgrades labor quotes within fifteen (15) working days of
the completion of the system audit.
b. Provide Hardware Updates for replacement for the following Equipment, if listed on the
Equipment List of this Agreement, as necessary to maintain compatibility with the latest
System Release:
i. VIDA Core Servers (Premier, Unite and Connect Cores, and VASC)
ii. VIDA Management Terminal
iii. IP Routers located within the VIDA System network (VIDA Core, RF Sites, and
remote dispatch locations).
iv. IP LAN Switches located within the VIDA System network (VIDA Core, RF Sites,
and remote dispatch locations)
V. System Management Terminal/Quorum PC
vi. VIDA System Regional and Internet Firewalls
vii. Network Sentry (NWS)
viii. Mini -Mobility Exchange Data Controller
c. Provide the following during Business Hours:
DC-2022-524 Page 30 of 35
UHARRISTM
i. Create a plan for the Planned Network Upgrade that details schedule, technical
procedure, service impacts, resources required, and Customer support and coordination
responsibilities.
ii. Identify, to the extent possible, and make recommendations for any Equipment that is
incompatible with the software versions being installed, and any known impacts to
Third -Party equipment or applications installed by Customer.
iii. Identify additional equipment or services outside the scope of the Planned Network
- Upgrade and provide quote to the Customer, if applicable.
iv. Provide project management support to manage the Service of the Planned Network
Upgrades.
V. Provide engineering labor to design, review, and implement the Planned Network
Upgrades.
vi. Provide the required staging labor from the L3Harris factory and shipping to the
Customer to perform the Planned Network Upgrades.
vii. Provide the required field installation technician labor to perform the Planned Network
Upgrades.
4. Customer Responsibilities:
a. Comply with the L3Harris schedule to perform the Planned Network Upgrades.
b. Provide L3Harris with a Point of Contact that will coordinate with all impacted agencies for
the Planned Network Upgrades, will Notify L3Harris when there is any activity that impacts
the Equipment or Services.
c. Provide a system audit within six (6) months of the performance of the Planned Network
Upgrades.
d. Receive and accept all Equipment upon shipment by L3Harris, store properly, and make
available for use during the Planned Network Upgrades. Return all replaced Equipment to
the L3Harris Lynchburg, VA facility, at Customer's expense, within one hundred eighty
(180) days after the Planned Network Upgrades Equipment is shipped to the Customer.
e. Perform all backups to be used by L3Harris during the Planned Network Upgrades.
f. Procure additional resources, at Customer's expense, should the Planned Network Upgrades
require resources other than those listed in or to provide functionality to devices beyond
Planned Network Upgrades.
5. Additional Conditions and Exclusions:
a. Planned Network Upgrades only includes Services needed for L3Harris Equipment
compatibility to the 1,31-larris Software Managed Services (SMS) Infrastructure within the
1 OX platform for the Equipment on the Equipment List that are one release from the current
release, and does not include Services for defects not corrected by the SMS update, or virus
prevention or attacks, or configuration changes not required by the change in Equipment, or
improper or custom system configurations, use, hardware, software, or features. Additional
hardware, software, permissions, coverage testing, as-builts or other change documentation,
licenses, subscriptions, system features or functionality, or services required by or beyond
this Planned Network Upgrades will be procured by the Customer, at Customer's expense.
b. Planned Network Upgrades does not include system expansions, frequency or configuration
changes, changes from industry standards or certification bodies (such as P25, LTE, ISO,
UL, 3GPP, etc.), or the addition of features or functionality that are not part of the base
equipment upgrade as determined and delivered by L3Harris within the IOX Platform. Upon
discontinuance of Planned Network Upgrades, no additional Hardware will be provided and
Customer will not be billed for any future years of Planned Network Upgrades.
c. Only the Equipment listed on the Equipment List is covered by the Planned Network
Upgrades Services, to avoid any doubt, the following items are expressly excluded from the
Planned Network Upgrades: Terminals, Non L3Harris Infrastructure, civil equipment such
as towers and shelters, RF equipment such as base stations, combiners, antennas, power
DC-2022-524 Page 31 of 35
UHARRISTM
equipment such as generators and UPS, console ancillary equipment such as furniture,
speakers, headsets, monitors, footswitches and keyboards, NetClock telephone equipment,
connectivity equipment such as microwave or fiber routers and switches, logging recorder
server, logging SAN, and associated logging devices, and any batteries.
IX. ON -SITE CORRECTIVE MAINTENANCE (40 hours Annually)
1. Service Description: Provides labor, duringBusinessHours, to troubleshoot, repair, and if
necessary, remove and replace defective Equipment.
2. Service Request. To initiate this Service, Customer's Point of Contact shall follow Section II
"Service Request Procedure," and specifically call their Regional Service Manager, identified in
attachment D ("Point of Contact and Notice").
3. L3Harris Responsibilities:
a. On -Site Troubleshooting:
i. Dispatch personnel to investigate problem at Customer's location after remote
diagnostics are made.
ii. Perform pre -diagnostics to confirm malfunction.
b. Repair or replace of failed Equipment per L3Harris determination:
i. Repair, if repairable, and perform testing to verify proper operation.
ii. Replace, if replaceable, with Customer purchased Spare Part and perform testing to
verify proper operation.
c. Ship failed Equipment to L3Harris or Third -Party Standard Repair Services ("Depot") for
repair:
i. Obtain a Return Material Authorization ("RMA")
ii. Ship (at Harris' expense) Equipment to the Depot.
iii. Manage and track repair status through the Depot process.
iv. Receive and bench diagnose (where possible) repaired Equipment to meet original
specifications.
d. Return repaired Equipment:
i. Return repaired Equipment to original Customer location, install, and perform testing
to verify proper operation.
ii. Return the repaired Equipment to the Spare Parts inventory, if a Spare Part was used.
e. Purchase the replacement of the failed Equipment when not repairable.
X. OBSOLESCENCE PROTECTION
1. Service Description. Provides, for these additional products (hardware updates), replacements for
the following Equipment on the Equipment List, as purchased by Customer and as necessary:
a. Interoperability Gateways
b. Symphony Console hardware or computers
Service Request. To initiate this Service, Customer's Point of Contact shall follow Section III.7.
("Service Request Procedure"), and specifically call their Regional Service Manager listed in
Attachment D ("Point of Contact and Notice").
3. L3Harris Responsibilities:
a. Provide the following during Business Hours:
i. Review SMS update, release notes, and system data as needed to discuss with
Customer.
ii. Complete an Obsolescence Protection plan, including software and Third -Party device
impacts, Equipment requirements, replacement or modification plan of Equipment,
WHarris and Customer resources needed, installation plan, and potential impacts to
the Designated System and its users.
DC-2022-524 Page 32 of 35
iii. Identify additional equipment or services outside the scope of Obsolescence Protection
and provide quote to the Customer, if applicable.
iv. Provide project management support to manage the Obsolescence Protection.
V. Provide engineering labor to design, review, and implement the Obsolescence
Protection.
vi. Provide the required staging labor from the L31-larris factory and shipping to the
Customer to perform the Obsolescence Protection.
vii. Provide the required -field -installation technician labor to perform the Obsolescence
Protection.
viii. Determine when a SMS update is incapable of successfully operating on existing
Customer Equipment, and when and how Equipment will be modified or replaced.
4. Customer Responsibilities:
a. Provide a system audit within six (6) months of the performance of the Obsolescence
Protection.
b. Receive title of all Equipment upon shipment by L31-larris, store properly, and make available
for use during the Obsolescence Protection.
c. Return all replaced equipment to the 1,31-larris Lynchburg facility, at Customer's expense,
within one hundred eighty (180) days after the Obsolescence Protection Equipment is
shipped to the Customer.
d. Perform all backups to be used by L31-larris during the Obsolescence Protection.
e. Procure additional resources, at Customer's expense, should the Obsolescence Protection
require resources other than those listed herein or to provide functionality to devices beyond
this Obsolescence Protection.
5. Additional Conditions and Exclusions:
a. Obsolescence Protection Service only includes Services needed for L31-larris Equipment
compatibility to the SMS update within the 1 OX platform for the Equipment listed above and
on the Equipment List that are one release from the current release, and does not include
Services for defects not corrected by the SMS update, or virus prevention or attacks, or
configuration changes not required by the change in Equipment, or improper or custom
system configurations, use, hardware, software, or features. Additional hardware, software,
permissions, coverage testing, as-builts or other change documentation, licenses,
subscriptions, system features or functionality, or services required by or beyond this
Obsolescence Protection will be procured by the Customer, at Customer's expense.
b. Obsolescence Protection does not include system expansions, frequency or configuration
changes, changes from industry standards or certification bodies (such as P25, LTE, ISO,
UL, 3GPP, etc.), or the addition of features or functionality that are not part of the base
equipment upgrade as determined and delivered by L31-larris within the IOX platform. This
Obsolescence Protection Service will automatically terminate if L31-larris no longer supports
the Equipment or discontinues the Planned Network Upgrades program.
c. Excluded Equipment from this Obsolescence Protection are Equipment not specifically listed
in this Obsolescence Protection section, Terminals, Non 1,31-larris Infrastructure, civil
equipment such as towers and shelters, RF equipment such as base stations, combiners,
antennas, power equipment such as generators and UPS, console ancillary equipment such
as furniture, speakers, headsets, monitors, footswitches and keyboards, NetClock telephone
equipment, connectivity equipment such as microwave or fiber routers and switches, logging
recorder server, logging SAN, and associated logging devices, and any battery.
DC-2022-524 Page 33 of 35
0 OHARRIS TM
ATTACHMENT C
CRITICAL SPARES LIST and UPGRADE EQUIPMENT
(TBD)
DC-2022-524 Page 34 of 35
(D UHARRISTM
ATTACHMENT D
POINT OF CONTACT AND NOTICE
NOTICE TO UHARRIS: NOTICE TO CUSTOMER:
Name Jeremy Roe Name
Address 221 Jefferson Ridge
Address
Address Parkway
Address
Lynchburg, VA 24501
UHARRIS POINT OF CONTACT:
CUSTOMER POINT OF CONTACT:
Name
Name
Title
Title
�44eim 9zpc.,ep-/5'u
Phone
Phone
Expertise
Expertise
-?)7A,01b
Name
Name
Afie-1 `51, �'Lb2
Title
Title
lI,- 5Ak4v'6d-lein5' 7-
Phone
Phone
Expertise
Expertisej,9��o
Gprr)
DC-2022-524 Page 35 of 35
2�BOARD OF
COMMISSIONERS
MEETING DATE: June 29, 2022
SUBJECT: PRESENTATION: Upper Deschutes Watershed Council 2022 Update to Deschutes
County Commissioners
ATTENDANCE:
Kris Knight, Executive Director - Upper Deschutes Watershed Council
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MEETING DATE: 06/29/2022
SUBJECT: Consideration of American Rescue Plan Act Funding Proposals
RECOMMENDED MOTION:
The Board of County Commissioners has discretionary authority over American Rescue Plan Act
Funds and can make a motion funding any eligible proposal.
BACKGROUND AND POLICY IMPLICATIONS:
In FY21, Deschutes County was awarded -$38.4 million in American Rescue Plan Act (ARPA)
funds through the Federal Government. To date, the County has obligated -$37.4 million of
ARPA funds in support of coronavirus relief, childcare, affordable housing, small business
financial support, expanded services to those experiencing houselessness and
improvements in water infrastructure.
Planned ARPA funding proposal discussions include a Redmond Safe Parking Proposal that
includes housing stability case management services for individuals experiencing
houselessness, and a proposal for food assistance from the La Pine Senior Center.
ARPA discussion will conclude with a review of new, unfunded, eligible ARPA proposals, and
an update on additional proposals we are reviewing for ARPA eligibility.
BUDGET IMPACTS:
The ARPA fund has approximately $1 million in unappropriated funding that can be used
for eligible ARPA proposals, as well as $1.7 million in contingency for health focused
responses to Covid-19 and its prevention.
ATTENDANCE:
Rick Russel, Redmond Mountain View Fellowship, Dan Emerson, Budget Manager
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TABLE OF CONTENTS
PAGE
BUDGET................................................................................................................................................... 1
RULESOF OPERATION........................................................................................................................... 2
INTAKEFORMS....................................................................................................................................... 4
PARTICIPANTGOAL FORMS.................................................................................................................. 6
MEMORANDUMOF AGREEMENT....................................................................................................... 7
PARTICIPANT HANDBOOK..................................................................................................................... 12
HOSTHANDBOOK.................................................................................................................................. 18
INCOME
City of Redmond
Deschutes County
Central OR Health
Council (matching)
St. Charles
TOTAL
Safe Parking Operating Budget 2022-2023
10 RV/Family Units
.5 FTE Case
Management
$43,900
$43,9001 i
$43,900
--'-
$43,900 Approved
-
-
$81,150
$197,950
$368,600 Not yet approved
$43,900
$125,050 1
$241,850
$250,000 Max is $250,000
$43,900 approved
- -
$7,500 1
---_
$7,500 j
$7,500
$7,500 1 Not yet approved
$95,30011
$257,600 i
$491,2001
$670,000
EXPENSES
Program Costs
$8,000 I
$17,000
$34,000
$51,000
Liability Insurance
$8,000
$12,000
$16,000
$22,000 I
Admin Supplies
$1,350
$2,400 !
$3,600 1
$4,800
Phone/Tech
$1,800
$3,600
$5,400
$7,200
---
Training$7,500
$2,500
-
$5,000
$10,000
-
Case Manager $30/hr
$26,000 1
$57,000
$57,000
$57,000
Case Manger $23/hr
$47,000
$47,000
Case Manager $23/hr
$47,000
Admin Support
$18,000
$44,500
$68,000
Employee Benefits
$6,0001
$14,000
$21,000
SS,W Comp, FMLA, SUTA
$3,900
$7,800
$16,60011 --
$23,500
Office Space/Overhead
in kind
in kind
in kind
in kind
Total for 1Yr
-
$47,650
-$128,800 .
$245,600
$335,000 1
- -- - -----
Total for 2 Yr
$95,300
$257,600 ,
$491,200
$670,000 '
RV Site Compensation
48,000 I
96,000
144,000
$200/RV/location
I
REDMOND SAFE PARKING
RULES OF OPERATION
1. Only registered participants may stay at the Safe Parking registered sites. Safe Parking
participants are required to register with Mountain View Community Development (MVCD) and
be approved by the Safe Parking Program Director (Director). Each vehicle will be assigned a
space at a host site. This reserved space is the only place a registered participant is authorized to
park. Residents staying in each vehicle must complete the Safe Parking intake process with the
Director and receive a Parking Pass in person at the MVCD office (1475 SW 35th Street
Redmond, OR).
2. Registration renewal is mandatory each month. If a participant wishes to renew their
reservation for the coming month, they must complete the renewal process by the morning of the
last day of the month. Safe Parkers can connect with the Director in person at the MVCD office
between I Iam and 12pm each Monday, or by texting the Safe Parking number (541-527-0028)
before 12pm on the last day of the month. Include Name, License Plate #, and Parking site in the
text. Participants who fail to complete the renewal process will no longer have access to a reserved
parking space, and must re -apply for parking through the Safe Parking intake process. This may
result in losing their spot in the program if we have a wait -list.
3. Hours of Operation: Safe Parking participants are welcome in the Safe Parking designated area at
all hours of operation, as outlined by the host site. Hours of operation for each site will be clearly
communicated by the Director and posted at each site.
4. Safety Concerns: Parking locations may have a designated participant as a point person who
helps the Director remain abreast of issues or concerns. The Director is available for safety
concerns: 541-527-0028. In the event that the Director can't be reached and there is an urgent
issue, Redmond law enforcement is aware of all Safe Parking sites and is available for support.
Call the non -emergency dispatch number: 541-693-6911.
5. General Safety Rules: No physical violence. No verbal violence or threatening language of
any kind. Any participant who enacts physical violence will be removed from the Safe Parking
Program immediately. Verbal violence will be subject to a warning, at minimum, and may result in
loss of a parking spot.
6. Pets: Any animal outside of the vehicle must be leashed or harnessed by the owner, and the owner
must maintain control of their animal at all times. Always clean up after your pet.
7. Visitors: Visitors are not allowed onsite unless approved by the Director.
8. Parking participants must sleep inside vehicles only. No tent camping or improvised camping is
authorized.
9. Vehicle Breakdowns: Vehicles must be operable to come into the parking area. In the event that
an individual vehicle breaks down, notify the Safe Parking Director as soon as possible. Do not
abandon your vehicle (meaning leave it overnight) without prior approval from the Director.
10. Restroom: It is the responsibility of each participant to use the portable restroom as intended and
keep it clean. The portable restroom will be professionally cleaned and pumped out every week.
Irresponsible use of the portable restroom may result in suspension from the Safe Parking
program.
11. Garbage: A garbage receptacle is provided for use by participants. Residents will deposit all
discarded items within this receptacle. Each participant is to use the garbage receptacle as intended
and keep it clean. Irresponsible garbage disposal may result in suspension from the Safe Parking
program.
12. Personal Property & Appearance: All personal property and items must remain contained within
the vehicle. To respect the community space, we ask that you wear appropriate clothing outside
your vehicle. We have a `shirt on' policy for everyone at our Safe Parking locations.
13. No illegal drugs or alcohol are allowed on the property at any time.
14. Meals & Cooking: No open flames are allowed on the property or in participant's vehicles.
Participants are permitted to cook and eat meals while on Safe Parking property. Detailed
instructions can be found in the Participant Ilandbook. Individuals and families in need of meals
can receive referrals to local food distribution services.
15. Noise Regulation: Participants will conduct themselves in a courteous and responsible manner at
all times, and will limit noise levels to allow other residents to rest in their own vehicles. Ouiet
hours will be observed from 9prn-7am daily.
16. Case Management: Participants will work with the Director in their intake process to establish
goals and will commit to working toward those goals while in the Safe Parking Program.
I understand all the Rules of Operation.
I agree to follow the Rules of Operation.
I understand that failure to follow the Rules of Operation may result in suspension from
the Safe Parking Program.
Participant
Date
Director
Date
A,\N,\,
MOUNTAIN VIEW
C O M M U N I T Y
DEVELOPMENT
Safe Parking Participant Intake
HOH
Full Name:
DOB:
Last
First
W.
If Applicable:
Full Name:
DOB:
Last
First
M.l.
Full Name:
DOB:
Last
First
M.l.
Full Name:
DOB:
Last
First
M.l.
Phone(s): Email
Vehicle make
and model:
Color: License plate #:
Additional Recreational Vehicle Type:
YES
NO
Do you have a pet?
❑
❑
Have they ever had aggressive
YES
NO If yes, when
tendencies?
❑
❑ and what?
YES
NO
Have you ever been convicted of a felony?
❑
❑
If yes, explain:
Phone:
Full Name:
Last
First
Relation
Full Name:
Phone:
Last
First
Relation
1
YES NO If yes, are you
Do you have issues with drugs or alcohol? ❑ ❑ in treatment?
Are you involved with any other community YES NO
agency or DHS? ❑ ❑
If yes, list
agencies:
YES NO
Are you a veteran? ❑ ❑
YES NO
Are you employed or receive SSI/SSDI? ❑ ❑
Where? Hours?
I certify that my answers are true and complete to the best of my knowledge.
If this intake application leads to program acceptance, / understand that false or misleading information in my
application or intake may result in termination from the program.
Signature:
Date:
2
PARTICIPANT GOAL FORM
Client:
Entry Date:
Case Manager:
M.I
MOUNTAIN VIEW
C O M M U N I T Y
DEVELOPMENT
Objectives
Tasks needed
Target
Date
Outcome
and date
Next Meeting:
Memorandum of Agreement
Redmond Safe Parking Program
This Memorandum of Agreement (MOU) is made and entered into between
( church or busineCg ), located at
(_address
and
hereafter referred to as HOST
Mountain View Community Development (MVCD), a non-profit offering social services,
with an administrative office at 1475 SW 35th Street, Redmond, OR 97756, hereafter referred to
as MVCD.
The Safe Parking Network is a social service funded by the City of Redmond and grants,
providing safe and legal parking options for Redmond residents living in their personal vehicles.
MVCD agrees to be the program facilitator.
I. Purpose of the Safe Parking Network
The Safe Parking Program endeavors to:
1. Respond to the current reality of Redmond, Oregon regarding homelessness and
unauthorized vehicle camping by offering safe, legal, and supportive parking locations.
2. Assist individuals and families in their process toward stable housing by meeting the
essential need of a safe place to sleep and connecting program participants to MVCD case
management services as well as other community resources. MVCD will support
additional pathways of care between the hosting group and program participants.
3. Provide partnership and relationship -building opportunities between local congregations,
businesses, the City and private landowners through shared mission and collaboration.
4. Decrease the need for Redmond Police to respond to and cite unauthorized vehicle
camping, saving the City and tax payers money.
II. Party Roles and Responsibilities:
r zVADER: The City of Redmond provides ine buik of funding for the program and retains the
right to terminate funding for the program from the City budget. In the event that the City of
Redmond reduces, changes, eliminates, or otherwise modifies the finding of the Safe Parking
Program, MVCD and the HOST agree to abide by any such decision including termination of
service.
SERVICE PROVIDER: MVCD is the program administrator, and agrees to:
Sierra Hopper 6/1/2022
• Set program policies and procedures in compliance with City of Redmond code and
Oregon law;
• Train and support Safe Parking staff;
• Provide services to participants of the program from participant entry to exit;
• Provide insurance coverage for the Safe Parking Program.
• The Service Provider agrees to perform its services with that standard of care, skill and -
diligence normally provided by a professional in the performance of similar services.
• Provide maintenance of sites by providing and regularly servicing a garbage receptacle and
port -a -potty.
HOST: The property owner where a Safe Parking site exists is considered the host. The host
agrees to:
• Maintain ownership and control of the use of their property;
• Understand that MVCD is not responsible for any damage to the property that
occurs while providing services for the Safe Parking program;
• Supervise and support any HOST representatives assigned to the Safe Parking
program;
• Comply with all applicable Federal, State, and Local laws, rules and regulations.
PARTICIPANT: Program participants are the people using the Safe Parking services. The
participant agrees to:
• Complete an intake process with MVCD to receive a parking space.
• Be responsible for their vehicle and personal property.
• Participants agree to adhere to their personalized case management plan to ensure future
planning and goals are being met in a timely manner.
• Understand that neither the Service Provider nor the Host are responsible for lost or damaged
property while the Participant is enrolled in the program.
• Sign the Participation Agreement and abide by its expectations.
III. Program Components and Operating Principles:
A. The HOST agrees to provide access to its designated parking area for ALL -HOUR
PARKING, for [I - 6 VEHICLES] for [LENGTH OF
TIME].
B. The HOST agrees to provide at least one representative as a point of contact for program
needs and problem solving, and may appoint at the hosts discretion that the representative(s)
provide care for the participants through services that may include but are not limited to:
• Developing relationships with program participants through weekly check -ins.
C. The HOST agrees to complete and submit the Vehicle Camping Registration Form
Sierra Hopper 6/1/2022
requested and provided by the City of Redmond, attached as an appendix
to this document.
D. MVCD agrees to be the principal partner with the City of Redmond, engaging
in conversation regarding policy and code compliance, and advocating as
needed for funding and other support.
E. MVCD agrees to facilitate registration and participant placement in
collaboration with the needs and capacities of the HOST.
F. MVCD agrees to maintain safety and participant compliance through
periodic check -ins from specified camp hosts, as well as through problem solving and
intervention conversations with identified participants of concern.
G. MVCD agrees to cover the financial costs associated with portable toilets on site and up to
$200 per month for waste management.
H. MVCD agrees to conduct background checks on all employees and volunteers connected
to MVCD program operations and to provide best practices training for those employees and
volunteers.
T A AZ T t' Tl .........�.. a,_ 9.3 ,. __ii _i_____� ___ _._J sup-- -
mot__ rr�r'�m _._ __
T. LVT v t," agrees �o proviuc wl>auu> a�I aiiu su�Pur� iu uric nva 1 uri areas ui neeu ura� arise
through offering services to Safe Parking participants.
IV Governing Law/Venue: this Agreement shall be governed by the laws of the State of
Oregon. Any action commenced in connection with this Agreement shall be in the Circuit Court
of Deschutes County. All rights and remedies of MVCD shall be cumulative. The foregoing is
without limitation to or waiver of any other rights or remedies of MVCD according to law.
V. Judicial Rulings: invalidity or unenforceability of one or more provisions of this Agreement
shall not affect any other provision of this Agreement.
VI. Indemnification: the HOST shall hold harmless, indemnify, and defend MVCD for any and
all claims, damages, losses and expenses including, but not limited to, reasonable attorney's fees
arising out of, or resulting from, the HOST's performance or failure to perform the obligations of
this Agreement or any third -party claims relating to the HOST's actions or MVCD's supervision
of the HOST's actions.
VII. Nondiscrimination: the HOST agrees to comply with the Civil Rights Act of 1964 and
1991, Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of
1973, and Title VI as implemented by 45 CFR 80 and 84 which states in part, no qualified person
shall on the basis of disability, race, color, or national origin be excluded from participation in,
be denied the benefits of, or otherwise be subjected to discrimination under any program or
activity which received or benefits_ from_ federal. financial assistance.
VIIL Insurance: both parties shall always maintain Commercial General Liability insurance,
Property Damage/Automobile insurance, Medical/Professional Negligence, and Sexual Abuse &
Molestation insurance, if applicable, covering its activities and operations under this agreement.
The Contractor shall name MVCD, its officers, agents and employees as `Additional Insureds"
for General Liability and Properly Damage insurance coverage.
Accordingly, an endorsement shall be issued by the company showing MVCD (Mountain View
Sierra Hopper 6/1/2022
Community Development) as an additional insured and containing a 30-day Notice of
Cancellation. Such insurance shall be in the forms and amounts not less than $1,000,000
combined single limit for bodily injury and property damage on a Commercial General Liability
form or a comparable form. Minimum limits required for Medical/Professional Negligence is
$1, 000, 000. Sexual Abuse & Molestation coverage is also to be included for a limit of no less
than $300, 000. All insurance shall be evidenced by a Certificate of Insurance provided to
MVCD, including coverages, limits and effective dates, by an insurance company licensed to do
business in the State of Oregon.
IX. Termination of Agreement: this Memorandum of Agreement may be terminated at any
point by either MVCD or the HOST through written communication, or under the following
conditions: a) by written mutual agreement of both parties; b) upon the anniversary date of
signing with prior written notice by either party to the other of intent to terminate; c)
immediately on breach of contract.
X. Subcontractor/ Non -Assignment: no portion of the Agreement may be contracted or
assigned to any other individual, firm, or entity without the express and prior approval of
MVCD.
XI. Survival: the terms, conditions, representations and all warranties contained in this
Agreement shall survive the termination or expiration of this Agreement.
XII. Standard of Services and Warranty. The HOST agrees to perform its services with that
standard of care, skill, and diligence normally provided by a professional in the performance of
similar services. It is understood that the HOST must perform the services based in part on
information furnished by MVCD and that the HOST shall be entitled to rely on such information.
However, the HOST is given notice that MVCD will be relying on the accuracy, competency,
and completeness of the HOST's services in utilizing the results of such services. The HOST
warrants that the recommendations, guidance, and performance of any person assigned under the
Agreement shall be in accordance with professional standards and the requirements of the
Agreement.
We look forward in faith to a productive partnership that will generate positive results in our
community.
For Mountain View Community Development:
Signature Date
Title
Sierra Hopper 6/1/2022
For the HOST:
Signature Date
Title
Sierra hopper 6/1/2022
Mountain View Community Development Redmond Safe
Parking Program
Participant Handbook
The Redmond Safe Parking Program is a program provided by Mountain View Community
Development-(MVCD). Local business sites, churches and city or county owned properties may
serve as host locations. Staff and administrative oversight is provided by MVCD.
These rules and expectations are intended to provide a structure that fosters safe and comfortable
parking environments. The Redmond Safe Parking Program is a transitional, temporary housing
program. The structure provided in this handbook has been developed, with participant input
from the successful Salem Safe Parking Network, to support success.
Successful participants will follow program guidelines and remain in good relational standing
with staff and other participants. As a participant in the program, I agree to engage in case
management activities as outlined in my personalized plan with the case manager.
Basic Program Guidelines and Expectations
Length of Stay
The Safe Parking Program is designed for all -hour parking. This option is intended for
individuals and families living in trailers or vehicles who need greater permanency of stay.
Long-term parking is offered in 90-day intervals. Participants are expected to be actively
participating with case management and working toward their individualized goals. In order to
continue parking past a 90-day period, participants must produce evidence of progress toward
stability (housing, job applications, job interviews, financial stewardship, etc.) MVCD reserves
the right to reassign participants to other Safe Parking locations for the benefit of the program.
Participation in the program is limited to 6 months, with potential extensions.
Warnings and Terminations
We understand that experiencing an unsheltered reality produces stress and anxiety. Often it is
difficult to control those anxious feelings with calming behaviors. When a guest exhibits
problematic behavior that creates an unsafe or unwelcoming environment for others, MVCD
staff will give that guest a verbal warning. Verbal warnings are reminders that a guest has
agreed to follow program expectations and that we know someone may need a few chances to
get it right.
If, after a verbal warning, a guest continues to exhibit the same problematic behavior, an MVCD
staff member will give that guest a written warning. A written warning is intended to
communicate staff intentions for intervention and to create a record of unchanged behavior even
after intervention.
Sierra Hopper 6/1/2022
If problematic behavior continues after a written warning, a guest's parking pass may be
terminated, depending on the severity of the behavior. If a guest receives three written warnings
for the same behavior, their spot in the program will be terminated immediately. The Safe
Parking Director reserves the right to terminate any participant's parking pass or relocate a guest
at any time.
Any participant who enacts physical violence will be removed from the Safe Parking
Program immediately. Threats of violence or harassment toward another guest will result
in immediate written warnings or immediate exit from the program.
Verbal violence to other guests will not be tolerated. Ongoing threatening language and
behavior can be cause for an immediate program termination.
• If the parties involved in a violent situation agree that they can achieve an independent
resolution over the situation, then both parties may be permitted to remain in the program.
• If a situation of verbal assault does not self -resolve, those involved in the conflict will be
required to participate in a mediation session with MVCD staff.
• Comments or jokes that involve racism, sexism, discrimination, or any offensive language will
not be tolerated in the program.
Program termination notices are issued when a guest has demonstrated that they are unable to
abide by the guidelines and expectations provided in this handbook. Guests will receive a
specific timeframe by which they are required to leave their Safe Parking location and remove
their vehicle(s) and belongings. This time frame can range from an immediate dismissal to 72
hours.
Vehicles that remain on property longer than permitted are subject to impounding.
Hours of Operation, Quiet Hours, and Visitor Hours
Safe Parking participants are welcome to have their vehicles on property during all hours of the
day and come and go as needed (this may vary by host site).
Only vehicles that are registered with the safe parking program may receive. passes for narking in
the program.
Quiet hours for all locations begin at 9pm and extend to lam. Please cease all activity that
produces noise that extends beyond your personal space.
Sierra Hopper 6/1/2022
No visitors (non -registered guests) are permitted on Safe Parking property without prior approval
from the Safe Parking Program Director. Participants are responsible for their visitor's behavior
while they are on Safe Parking sites.
Community Living
Living in close quarters with others comes with responsibilities and limitations.
It is important to give people their personal space. If there is a guest that you want to connect
with, ask them if they are interested before approaching their vehicle and starting a conversation.
Make sure they are in a place to talk with you. "Hey Joe, it's Judy... are you available to talk for a
moment?" Respect whatever their reply might be.
To respect the community space, we ask that you wear appropriate clothing outside your vehicle.
We have a `shirt on 'policy for everyone at our Safe Parking locations. No walking around
topless. No walking around in underwear in public space. Always wear shorts, pants, skirt, dress,
etc.
For health reasons, all bodily waste must be disposed of in the provided portable toilet or a
vehicle's sanitation tank.
Some locations come equipped with electrical and water hook-ups. However, not all do. When
provided, electricity and water must only be utilized according to the expectations of the host
site.
Participants may be asked to serve as a point of contact between the director and each site to
ensure each site is calm and secure for the evening right before quiet hours begin at 9pm. If you
are at a site with a point of contact person (Camp Host), you will be notified of who that person
is.
Local law enforcement has been notified of all Safe Parking locations and is available to provide
support. The non -emergency dispatch number for Redmond is: 541-693-6911.
Vehicle Space and Personal Belongings
Please keep your vehicle and the surrounding space neat and tidy. Safe Parking participants
must not have any personal belongings outside of their vehicle. Long-term participants may
only store personal items near their vehicle in accordance with expectations provided by the host
site.
To ensure the parking environment remains healthy, clean, and safe, a long-term guest may be
required to tidy up their personal space at any time.
Guests are permitted to cook and eat meals while on Safe Parking property. However, no open
flame (ember -emitting) fires are allowed. Outdoor propane or charcoal fires are not permissible.
All cooking items must be safely and properly stored away after use.
Sierra Hopper 6/1/2022
All food should be properly sealed and stored in participants 'vehicles. All guests are responsible
for the waste they generate and should dispose of food in the provided dumpsters or garbage
cans.
Pets
Pets are permitted in the Safe Parking Program. However, problematic pet behavior may
contribute to a guest being removed from the program.
All pets must be always leashed or under owner's physical control on Safe Parking property.
Do not leave pets unattended outside of your vehicle.
Pet owners are responsible for cleaning up their pet's feces.
Do not feed another person's pet without prior permission from the pet's owner.
Time Away from the Program
If a guest plans to be away from your assigned Safe Parking location for 3 or more nights in a
week, they are to communicate their plans to the Safe Parking Staff.
Failure to communicate extended or repeated absences from a Safe Parking location may result
in termination of a parking pass.
Alcohol and Drugs
All illicit drugs (marijuana, amphetamine, meth, heroin, etc.) are strictly prohibited from all
Safe Parking properties.
Tobacco use is permitted at all Safe Parking locations unless otherwise stated by the hosting
site.
Alcohol consumption is prohibited from Safe Parking locations.
If a guest is observed sharing, trading, or using illicit drugs on a Safe Parking property, they will
be exited from the program immediately. Any drug paraphernalia found in or near a vehicle is
cause for a written warning. Disruptive behaviors will not be tolerated.
Failure to comply with drug and alcohol expectations will result in immediate dismissal from
the program.
�%n�nnnc .,nrl Thnf4
i 7 I/�FI Y.%Z%Il�15 �J7d l,L 1 3�'L14
No weapons are permitted on Safe Parking locations unless stored in a locked and secure
location inside a guests 'vehicle. Knives, within reason, are allowed if they are used as tools
(pocket knife, steak knife).
Sierra Hopper 6/1/2022
If a guest is observed stealing any personal property from another guest, they will be
immediately exited from the program after a Safe Parking staff investigation.
Participant Concern Form
All participants may request to fill out a Participant Concern Form. These forms are intended to
allow guests to submit complaints, seek assistance, and remain in good communication with
program staff. These forms are available upon request from MVCD.
Drop- In Process
Safe Parkers can connect with the Safe Parking Program Director in person at MVCD office at
1475 SW 351h Street between 1 lam and 12pm each Monday, or by texting the Safe Parking
number (541-527-0028).
Parking Passes
At the end of the intake process, a physical parking pass will be provided to all approved Safe
Parking Participants. Participants are required to always keep their parking pass on their vehicle
dashboard or somewhere easily visible.
If a participant loses or misplaces their pass, they can receive a replacement from staff at MVCD.
Guest Participation Agreement
I, , have received and read the Safe Parking Handbook and
Rules of Operation. I acknowledge that I am responsible to comply with the program rules and
care for the manageability of my assigned parking location. Successful participants will follow
program guidelines and remain in good relational standing with staff and other participants. As a
participant in the program, I agree to engage in case management activities as outline in my
personalized plan with my case manager.
I understand that activity or behavior that is not in compliance with the Rules of Operation may
result in suspension or termination from the Safe Parking Program. I understand MVCD has the
right to request background checks at their discretion.
I agree to release, indemnify and hold harmless MVCD and its officers, agents, co-workers,
attorneys, subsidiaries, affiliated entities, predecessor and successor organizations, insurers and
assigns ("MVCD Entities"), and Safe Parking partner sites from and against all responsibility and
obligation for my participation in the Safe Parking program. I agree not to hold MVCD liable for
any or all injuries, losses, damages or expenses which may occur as a result of any act or
omission of MVCD Entities, or which may arise from my participation in the Safe Parking
program.
**I give permission for my basic information (name, number etc) to be shared with my host site
(initial indicates permission)
Sierra Hopper 6/1/2022
Date
f-%
vale
Participant Name
Signature
MVCD Representative Name
Signature
Sierra Hopper 6/l/2022
Mountain View Community Development Redmond Safe
Parking Program
Host Site Handbook
The Redmond Safe Parking Program is a program operated by Mountain View Community
Development (MVCD). Local business sites, churches andcityor county owned properties may
serve as host locations. Staff and administrative oversight is provided by MVCD.
These rules and expectations are intended to provide a structure that fosters safe and comfortable
parking environments. The Redmond Safe Parking Program is a transitional, temporary program.
The structure provided in this handbook has been developed, with participant input from the
successful Salem Safe Parking Network, to support success.
Successful participants will follow program guidelines and remain in good relational standing
with staff and other participants. Participants in the program must agree to engage in case
management activities as outlined in their personalized plan with the case manager.
Basic Program Guidelines and Expectations
Length of Stay
The Safe Parking Program is designed for all -hour parking. This option is intended for
individuals and families living in trailers or vehicles who need greater permanency of stay.
Longterm parking is offered in 90-day intervals. Long term parkers must be actively
participating in case management and working toward individualized goals. In order to continue
parking past a 90-day period, participants must produce evidence of progress toward stability
(housing or job applications, job interviews, financial stewardship plans, etc). MVCD has the
right to reassign participants to other Safe Parking locations for the benefit of the program and all
guests and hosts. Participation in the program is limited to h months, with potential extensions.
For hosts, all hour parking means participants can park their vehicles onsite for the duration of
their participation in the Safe Parking Program. All vehicles must be preapproved by Safe
Parking Program prior to utilizing assigned parking spaces.
Warnings and Terminations
We understand that experiencing an unsheltered reality produces stress and anxiety. Often it is
difficult to control those anxious feelings with calming behaviors. When a participant exhibits
problematic behavior that creates an unsafe or unwelcoming environment for others, a staff
member from MVCD will give that participant a verbal warning. Verbal warnings are
reminders that a participant has agreed to follow program expectations and that we know
someone may need a few chances to get it right.
Sierra Hopper 6/1/2022
If, after a verbal warning, a participant continues to exhibit the same problematic behavior,
MVCD staff will give that participant a written warning. A written warning is intended to
communicate staff intentions for intervention and to create a record of unchanged behavior even
after intervention.
If problematic behavior continues after a written warning, a participant's parking pass may be
terminated, depending on the severity of the behavior. If a participant receives three written
warnings for the same behavior, their spot in the program will be terminated immediately. The
Safe Parking Director reserves the right to terminate any participant's parking pass or relocate a
participant at any time.
Any participant who enacts physical violence will be removed from the Safe Parking
Program immediately. Threats of violence or harassment toward another participant will
result in immediate written warnings or immediate exit from the program.
ZL.._➢..,_➢ ,9.,➢.._...+-....N_._._.___,.._�___-'H___� Y__�_Y____.._� n___' �,_..__ a_._..__ Y_._ -_.___ _. i
V V➢ Ojai V,�,➢e➢➢UC w vLuei �,ueaL�wiii iiuL ue toieraieu. Ongoing nireaLeiiing language anu
behavior can be cause for an immediate program termination.
If the parties involved in a violent situation agree that they can achieve an independent
resolution over the situation, then both parties may be permitted to remain in the program.
• If a situation of verbal assault does not self -resolve, those involved in the conflict will be
required to participate in a mediation session with MVCD staff.
• Comments or jokes that involve racism, sexism, discrimination, or any offensive language will
not be tolerated in the program.
Move Outs and Personal Belongings
Program termination notices are issued when a participant has demonstrated that they are unable
to abide by the guidelines and expectations provided in this handbook. Participants will receive a
J"�eeiii time ratite L' L _tiL .. i , a c Parking
location a
Y f by which t-nHey are required co leave -heir -Safe Parking location and remove
their vehicle(s) and belongings. This time frame can range from an immediate dismissal to 72
hours.
Vehicles that remain on property longer than permitted are subject to impounding. MVCD will
facilitate and cover costs related to the removal of vehicles subject to impounding on behalf of
host sites.
Hours of Operation, Quiet Hours, and Visitor Hours
All Safe Parking locations have stated hours of operation when vehicles are permitted to be on
property. These hours of operation are determined by each host site in conversation with the Safe
Sierra Hopper 6/1/2022
Parking Program Director. Vehicles can come and go as needed during the hours of operation,
but they are not to be on property before the stated arrival time or after the departure time.
Only vehicles that are registered and approved may receive passes for parking in the program.
Quiet hours for all locations begin at 9pm.
Participants are responsible for their guest's behavior while they are on Safe Parking sites. No visitors (non -registered guests) are permitted on Safe Parking property without approval from
Safe Parking Program Director and a host site representative.
Community Living
It is important to give people their personal space. If there is a participant that you want to
connect with, ask them if they are interested before approaching their vehicle and starting a
conversation. Make sure they are in a place to talk with you. "Hey Joe, it's Judy... are you
available to talk for a moment?" Respect whatever their reply might be.
For health reasons, all bodily waste must be disposed of in the provided portable toilet or a
vehicle's sanitation tank.
Some locations come equipped with electrical and water hook-ups. However, not all do. When
provided, electricity and water must only be utilized according to the expectations of the host
site. The Program Director will work with you as a host site to establish expectations for
participants based on your location, and MVCD will provide basic sanitation (for further details,
see the MOU).
As a host site, you will be asked to designate a representative from the host site who helps
monitor the location and keep the Program Manager abreast of issues and concerns. The MVCD
Safe Parking Program Director is available for direct participant support. Participants are advised
to contact the program director for any needs or concerns they have, and not to contact the
representative directly unless otherwise specified by you as the host site.
Participants may be asked to serve as a point of contact between the Director and each site to
ensure each site is calm and secure for the evening right before quiet hours begin at 9pm. If there
is a point of contact participant at your site, the host site representative will be notified of who
that person is.
Law enforcement has been notified of all Safe Parking locations and is available to provide
support.
Vehicle Space and Personal Belongings
Participants are required to keep their vehicles and the surrounding space neat and tidy.
Sierra Hopper 6/1/2022
Participants must not have any personal belongings outside of their vehicle. Long-term
participants may only store personal items near their vehicle in accordance with expectations
provided by the host site.
To ensure the parking environment remains healthy, clean, and safe, a long-term participant may
be required to tidy up their personal space at any time.
Participants are permitted to cook and eat meals while on Safe Parking property. However, no
open flame (ember -emitting) fires are allowed. Propane or charcoal fires are not permissible. All
cooking items must be safely and properly stored away after use.
All food should be properly sealed and stored in participants' vehicles. All participants are
responsible for the waste they generate and should dispose of food in the provided dumpsters or
garbage cans.
Pets
Pets are permitted in the Safe Parking Program. However, problematic pet behavior may
contribute to a participant being removed from the program.
All pets must be always leashed or under the owner's physical control on Safe Parking
property. Participants agree not to leave pets unattended outside of their vehicles.
Pet owners are responsible for cleaning up their pet's feces.
Do not feed another person's pet without prior permission from the pet's owner.
Time Away from the Program
If a participant plans to be away from your assigned Safe Parking location for 3 or more nights
in a week, they are to communicate their plans to the Safe Parking Director. The Director will
notify the host site of any absences of 3 or more nights.
Failure on the nart_ofthe nnrtic;inant_in communicate extended or repeated absences from a Sa r--- - r r
Parking location may result in termination of a parking pass.
Alcohol and Drugs
All illicit drugs (marijuana, amphetamine, meth, heroin, etc.) are strictly prohibited from all
Safe Parking properties.
Tobacco use is permitted at all Safe Parking locations unless otherwise stated by the hosting
church.
Alcohol consumption is prohibited from Safe Parking locations.
Sierra Hopper 6/1/2022
If a participant is observed sharing, trading, or using illicit drugs on a Safe Parking property, they
will be exited from the program immediately. Any drug paraphernalia found in or near a vehicle
is cause for a written warning.
Disruptive behaviors will not be tolerated.
Failure to comply with drug and alcohol expectations will result in immediate dismissal from
the program.
If a host site has concerns about possible drug activity or disruptive behaviors, the site
representative agrees to notify the Director immediately.
Weapons and Theft
No weapons are permitted on Safe Parking locations unless stored in a locked and secure
location inside a guests' vehicle and registered with Safe Parking during your intake. Knives,
within reason, are allowed if they are used as tools (pocket knife, steak knife).
If a participant is observed stealing any personal property from another participant, they will be
immediately exited from the program after a Safe Parking staff investigation.
If a host site has concerns about weapons or disruptive behaviors, the site representative
agrees to notify the Director immediately.
Host Site Concern Form
All host sites may request to fill out a Host Site Concern Form. These forms are intended to
allow participants to submit complaints, seek assistance, and remain in good communication
with program staff. These forms are available upon request from MVCD. This is a more formal
level of communication. Texts, phone calls or emails are all appropriate forms of notifying the
Director of concerns or needs.
Parking Passes
At the end of the intake process, a physical parking pass will be provided to all approved Safe
Parking Participants. Participants are required to keep their parking pass on their vehicle
dashboard or somewhere easily visible. This allows the host sites and law enforcement to easily
identify which vehicles are permitted on a host site.
Sierra Hopper 6/1/2022
Most Site Designated Representative:
Title/Role:
Best way to contact:
Sierra Hopper 6/1/2022
.Frequently Asked Questions
What is the Safe Parking? The Redmond Safe Parking program provides safe and legal
places for unhoused people to sleep in vehicles or campers/camper trailers.
How are sites selected? Camping sites can be located on a property owned or leased by
public entities, nonprofits, businesses, or religious organizations. The property owner may
grant permission for up to 6 vehicles with approval from the City of Redmond.
Who operates the sites, and who pays for the program? The sites are managed by
Mountain View Community Development. Churches, nonprofits, and businesses can offer their
parking lots as managed sites. The City of Redmond provided initial funding for the Safe
Parking program. Funds are used to supply the portable restrooms and trash service, and for
staff to administer the program.
How are sites kept healthy and safe? Sites must have sanitary facilities, garbage disposal
services, and any personal items may not visible from the public street. MVCD provides
participant screening and placement, garbage services, portable restrooms, and connection to
services for participants in their program at no cost to the host site. Host sites may elect to
offer water or electric connections at their own expense.
How does someone get into the program? Families and individuals that are living in vehicles
may apply at (541) 527-0028.
Where can I find more information about becoming a host site? individuals or businesses
who are interested in more information about the program can visit www.MVCDRedmond.org
or call the program director Sierra Hopper at (541) 527-0028.
INCOME
City of Redmond
Central OR Health
Council (matching)
St. Charles
TOTAL
EXPENSES
Program Costs
Liability Insurance
Admin Supplies
Phone/Tech
Training
Case Manager $30/hr
Case Manger $23/hr
Case Manager $23/hr
Admin Support
Employee Benefits
SS,W Comp, FMLA, SUTA
Office Space/Overhead
Total for 1Yr
Total for 2 Yr
RV Site Compensation
$200/RV/location
Safe Parking Operating Budget 2022-2023
$43,900 $43,900
$81,150
$43,900 ! $43,900 Approved
$197,950 ! $368,600 Not yet approved
$43,900 $125,050 $241,850 " $250,000 Max is $250,000
$43,900 approved
$7,500
$7,500
$7,500
$7,500 Not yet approved
$95,300
$257,600
$491,200
$670,000
$8,000
$17,000
$34,000
$51,000 i
$8,000
$12,000
$16,000
$22,000
$1,350
$2,400
$3,600
$4,800
$1,800
$3,600
$5,400
$7,200
$2,500
$5,000
$7,500
$10,000
$26,000
$57,000
$57,000
$57,000
$47,000
$47,000
$47,000
$18,000
$44,500
$68,000
1
\)j Es C-0G2�
o �
MEETING DATE:
June 29, 2022
SUBJECT: Oregon Department of Energy Community Renewable Energy Grant
Program Application
RECOMMENDED MOTION:
Move approval to submit grant application to the Oregon Department of Energy Community
Renewable Energy Grant Program.
BACKGROUND AND POLICY IMPLICATIONS:
In 2021, the Oregon Legislature created the Community Renewable Energy Grant Program to
support projects outside Portland city limits. The program has a total budget of $50 million.
The Oregon Department of Energy (ODOE) is now accepting applications for the program. In this
first round of funding, ODOE is making $12 million available to support planning and construction of
renewable energy or energy resilience projects for tribes, public bodies, and consumer -owned
utilities. Applications are due by July 8. ODOE is expected to make additional rounds of funding
available through 2024.
Deschutes County Facilities seeks Board feedback on the potential projects outlined in the memo
accompanying this agenda request. The Facilities Department is seeking Board approval to apply for
grant funding through the Community Renewable Energy Grant Program.
BUDGET IMPACTS:
Depending upon the project(s) selected by the Board, matching funds could be committed to the
project as part of the grant application.
ATTENDANCE:
Josh Clawson, Project Coordinator
Lee Randall, Facilities Director
To: Board of County Commissioners
From: Lee Randall, Facilities Director
Date: June 22, 2022 for June 29, 2022 BOCC Meeting
Re: Oregon Department of Energy Community Renewable Energy Grant Program Application
In 2021, the Oregon Legislature created the Community Renewable Energy Grant Program to support
projects outside Portland city limits. The program has a total budget of $50 million.
The Oregon Department of Energy (ODOE) is now accepting applications for the program. In this first
round of funding, ODOE is making $12 million available to support planning and construction of
renewable energy or energy resilience projects for tribes, public bodies, and consumer -owned utilities.
Applications are due by July 8.ODOE is expected to make additional rounds of funding available
through 2024.
Deschutes County Facilities seeks Board feedback on the potential projects outlined in this memo. The
Department is seeking Board approval to apply for grant funding through the Community Renewable
Energy Grant Program.
Project Eligibility
Eligible projects include renewable energy generation systems like solar or wind, and energy storage
systems, electric vehicle charging stations, or microgrid technologies paired with new or existing
renewable energy systems.
Awards will be made on a competitive basis, and priority will be given to projects that support energy
resilience and that serve qualifying communities, including communities of color, low-income
communities, tribes, rural areas, and other traditionally underserved groups.
Organizations are allowed to submit multiple project applications.
Project Funding
ODOE will offer grants up to $100,000 for eligible planning projects and up to $1 million for eligible
construction projects. Planning grants can cover up to 100 percent of eligible costs for renewable
energy and energy resilience projects. Construction grants for renewable energy projects can cover up
to 50 percent of eligible costs, while construction grants for resilience projects can over up to 100
percent.
Projects with matching funds by the organization will score higher than those without.
14 NW Kearney Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005
(5,11) 330-4686
Thirty percent of the grant award is available upfront, with seventy percent paid upon completion of
the project. Project funding will need to be taken into account to support the project in between initial
and completion payments.
The maximum awards for planning projects is $100,000 and for construction projects is $1,000,000.
Potential Projects:
1. DESCHUTES COUNTY FAIR AND EXPO CENTER (New Well with Solar Power, EV
Charging):
This project would include the installation of a hybrid grid -tied and battery back-up solar
photovoltaic system to provide continuous power to a new water well to replace a well currently
used for irrigation. The existing well is providing roughly 50% of the water output it had
previously provided. The proposed project would install a new well to provide 500,000
additional gallons per minute to the property, install a new submersible pump, install a water
filtration system to convert to potable water, install potable water storage facility, provide power
for Emergency Operations staging, and provide EV charging stations.
The new site would be located on a 40 acre undeveloped parcel of land on the East side of the
property, closer to public access.
The County's Fair & Expo Center is routinely used during natural disasters to provide temporary
emergency shelter and support for displaced community members and livestock. It also serves
as a command post to support regional Emergency Response. Fair & Expo has agreements with
multiple local, state and federal emergency response agencies to provide this type of support
when needed.
This project would allow Fair & Expo to support Emergency Operations in the event that a
natural disaster disrupts power supply. It would also provide a fresh water supply for displaced
residents and ensure that electric vehicle users would have access to "off -grid" charging in the
event of a prolonged power outage.
Grant Requests:
$100,000 in planning costs (Grant 1)
$1,000,000 in construction costs (Grant 2)
$300,000 - $450,000 in matching funds from Facilities Department
Potential matching funds from the Fair and Expo Center
14 NW Kearney Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005
(541)330-4686
2. DESCHUTES COUNTY FAIR AND EXPO CENTER (Existing Well with Solar Power, EV
Charging):
This project would include the Installation of a hybrid grid -tied and battery back-up solar
photovoltaic system to provide continuous power to the Fair and Expo Center's existing water
well currently used for irrigation.
The existing well is providing roughly 50% of the water output it used to. The proposed project
would increase the flow to 700,000 gallons per minute by drilling a deeper well, replace the
existing submersible pump, install a water filtration system to convert to potable water, and
install a water storage facility where a public water fill station could be provided in the event of a
natural disaster.
The County's Fair & Expo Center is routinely used during natural disasters to provide temporary
emergency shelter and support for displaced community members and livestock. It also serves
as a command post to support regional Emergency Response. Fair & Expo has agreements with
multiple local, state and federal emergency response agencies to provide this type of support
when needed.
This project would allow Fair & Expo to support Emergency Operations in the event that a
natural disaster disrupts power supply. It would also provide a fresh water supply for displaced
residents and ensure that electric vehicle users would have access to "off -grid" charging in the
event of a prolonged power outage.
Grant Requests:
$100,000 in planning costs (Grant 1)
$1,000,000 in construction costs (Grant 2)
$300,000 - $450,000 in matching funds from Facilities Department
Potential matching funds from the Fair and Expo Center
3. DESCHUTES COUNTY ROAD DEPARTMENT (Solar Power and EV Charging):
This project would include installation of a hybrid grid -tied and battery back-up solar
photovoltaic system to provide ongoing power to Road Department operations, fuel services for
County fleet vehicles, IT and power throughout Road Department offices, and continuous power
to new EV charging stations.
14 NW Kearney Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005
12 (541) 330-4686
In the event of a natural disaster, this project would allow for expanded support of County fleet
vehicles, and would also support emergency response and potential infrastructure re -building.
Additionally, the project could provide access to "off -grid" charging for electric fleet vehicles in
the event of a prolonged power outage.
Grant Requests:
$100,000 in planning costs (Grant 1)
$1,000,000 in construction costs (Grant 2)
Potential matching funds provided by the Road Department related to planned power
distribution upgrades
4. DESCHUTES COUNTY SHERIFF'S OFFICE - SISTERS & LA PINE SUBSTATIONS( Solar Power):
This project would include the installation of hybrid grid -tied and battery back-up solar
photovoltaic systems to support local operations in remote areas of Deschutes County.
Currently, the La Pine substation has a diesel back-up generator, while the Sisters substation has
no back-up power source.
This project would enhance and support Sheriff's Office and regional emergency management
response in the event of a long-term power disruption.
Grant Requests:
$100,000 in planning costs (Grant 1)
$1,000,000 in construction costs ($500,000 each site) (Grant 2)
14 NW Kearney Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005
Q (541)330-4686
UI E S Co
-A BOARD OF
COMMISSIONERS
MEETING DATE: June 29, 2022
SUBJECT: Preparation for Public Hearing: Eden Properties Plan Amendment and Zone
Change (247-21-001043-PA, 1044-ZC)
RECOMMENDED MOTION:
Work session in preparation for a public hearing.
BACKGROUND AND POLICY IMPLICATIONS:
Staff will provide background and discuss Public Hearing date options with the Board of
Commissioners ("Board') to consider a request for a Plan Amendment and Zone Change (file nos.
247-21-001043-PA, 1044-ZQ for approximately 710-acres to the west of Terrebonne and north of
Highway 126.
BUDGET IMPACTS:
None
ATTENDANCE:
Haleigh King, Associate Planner
Will Groves, Planning Manager
COMMUNITY DEVELOPMENT
MEMORANDUM
TO: Deschutes County Board of Commissioners
FROM: Haleigh King, AICP, Associate Planner
DATE: June 22, 2022
SUBJECT: Eden Properties Comprehensive Plan Amendment and Zone Change - Work Session
The Board of County Commissioners ("Board") will conduct a work session on June 29, 2022, in
preparation for a public hearing on a date to be determined, to consider a request for a
Comprehensive Plan Amendment and Zone Change (file nos. 247-21-0001043-PA, 1044-ZC) for
approximately 710-acres to the west of Terrebonne and north of Highway 126. The subject property
consists of nine tax lots totaling approximately 710 acres. Staff requests Board feedback regarding
potential public hearing dates and whether they would like to hear the item at a special evening
meeting. Furthermore, staff would like direction on whether the Board would like to set oral
testimony time limits for the applicant and/or members of the public providing testimony.
Staff has included a few public hearing date options below for the Board's consideration:
• Monday, July 25
• Tuesday, July 26
• Wednesday, July 27
• Thursday, July 28
• Monday, August 8
BACKGROUND
The applicant, 710 Properties, LLC/Eden Central Properties, LLC, is requesting a Comprehensive Plan
Amendment to re -designate the subject properties from Agriculture to Rural Residential Exception
Area and a Zoning Map Amendment to rezone the properties from Exclusive Farm Use (EFU) to Rural
Residential - 10 Acre Minimum (RR-10). The applicant's reasoning for the request is that the
properties were mistakenly identified as farmland, do not contain high -value soils or other
characteristics of high value farmland, and therefore should be re -designated and rezoned for rural
residential use. The applicant has provided a supplementary soil study that identifies non -high value
(Class VII and Vill) soils on a majority (--71 %) of the subject properties. Additionally, the applicant has
provided findings within the burden of proof that demonstrate compliance with state and local
requirements and policies.
II. PUBLIC COMMENTS
Staff received over 100 public comments from neighbors, stakeholders, local interest groups and
public agencies prior to the April 19, 2022 Hearing's Officer hearing. A majority of the comments
received were in opposition to the project but Staff did receive a number of public comments in
support of the application. Comments received in opposition expressed concern related to
compatibility with nearby agricultural land and potential loss of agricultural land, availability of
groundwater, traffic and emergency access impacts, and impacts to wildlife. Staff received a joint
agency comment from the Oregon Department of Land Conservation and Development, Oregon
Department of Agriculture, and Oregon Fish and Wildlife related to a number of items but primarily
focused on the criteria related to the definition of "agricultural land" and "farm use" and how it relates
to the subject application.
Comments received in support reference the property's lack of productive soils, potential expansion
of rural housing inventory, and potential for vegetation management and wildfire protection as a
basis for support.
111. HEARINGS OFFICER RECOMMENDATION
The Deschutes County Hearings Officer held a public hearing on April 19, 2022. Approximately 14
people, not including the applicant's team, provided testimony during the public testimony portion
of the hearing.
On June 2, 2022, the Hearings Officer issued a recommendation of approval for the proposed Plan
Amendment and Zone Change.
IV. BOARD CONSIDERATION
As the property includes lands designated for agricultural use, Deschutes County Code 22.28.030(C)
requires the application to be heard de n ovo before the Board, regardless of the determination of
the Hearings Officer. The record is available for inspection at the Planning Division and at the
following link: https•//www deschutes or /g cd/page/247-21-001043-pa-and-247-21-001044-zc-eden-
central-properties-comprehensive-plan-amendment.
V. NEXT STEPS
Based on the feedback received from the Board at the Work Session, Staff will prepare for the
upcoming public hearing.
ATTACHMENT(S):
1. Area Map
Page 2 of 2
Subject Property
File Nos: 247-21-0001043-PA, 22-1044-ZC
` �TES coG
BOARD OF
COMMISSIONERS
MEETING DATE: June 29, 2022
SUBJECT: Discussion - Prioritizing Discretionary Text Amendments Identified in the
Community Development Department (CDD) 2022-23 Work Plan
RECOMMENDED MOTION:
N/A
BACKGROUND AND POLICY IMPLICATIONS:
The adopted CDD FY 2022-23 Work Plan contains several discretionary text amendment
proposals varying in complexity and anticipated staff effort. Given the limited nature of CDD
resources, Staff requests direction from the Board of County Commissioners (Board) on
prioritizing text amendments to pursue over the coming months.
BUDGET IMPACTS:
None.
ATTENDANCE:
Peter Gutowsky, CDD Director
Will Groves, Planning Manager
MEMORANDUM
TO: _ Deschutes County Board of Commissioners
FROM: Will Groves, Planning Manager
DATE: June 22, 2022
SUBJECT: Discussion - Prioritizing Discretionary Text Amendments Identified in the Community
Development Department (CDD) 2022-23 Work Plan
1. SUMMARY
The adopted CDD FY 2022-23 Work Plan contains several discretionary text amendment proposals
varying in complexity and anticipated staff effort. Given the limited nature of CDD resources, Staff
requests direction from the Board of County Commissioners (Board) on prioritizing text amendments to
pursue over the coming months.
11. BACKGROUND
The Board adopted the work plan on June 1 after conducting a public hearing on May 11. Commissioners
affirmed the projects listed Tables 1 and 2 and added three zoning text amendments to the list in Table
3. For the purpose of this discussion, staff added a third column to Table 3 to address the complexity of
each zoning text amendment.
• Minor (3 to 5 months)
• Moderate (6 to 9 months)
• Significant (12 months or longer)
Table 1 - Priority Discretionary and Non -discretionary Projects
Priority Projects
1. Current Planning' 6. New Mule Deer Wildlife Inventory
2. Comprehensive Plan 2040 Update 7. SB 762, Wildfire Mitigation
3. Tumalo Community Plan Update (TGM 8. Transportation System Plan (TSP) Update
Grant) 9. Historic Preservation (CLG Grant)
4. Sisters Country Trails (TGM Grant) 10. City of Bend Urban Growth Boundary (UGB), HB
5. SB 391, Rural Accessory Dwelling Units 4079, Affordable Housing Project
1 Current Planning responsibilities are non -discretionary. Local land use decisions are subject to specific deadlines per state
law. ORS 215.427.
Table 2 - Operational Responsibilities, Coordination Duties, and Code Maintenance
Category
Projects
1. Destination Resort and Overnight Lodging Reporting
2. Marijuana inspections
3. Population estimates and forecasting
Operational
4. Staffing Historic Landmarks Commission (HLC), Bicycle and Pedestrian
- Responsibilities
Advisory Committee ($PAC), and Mitigation and Advisory Committee
(M&E)
5. Participate in 2023 Legislative Session
6. Support internal County departments (new landfill siting, etc.).
7. City of Bend Coordination
• Update and adopt the Bend Airport Master Plan (BAMP) and
amend the County's Comprehensive Plan and Development Code
• Coordinate on growth management issues.
8.City of La Pine Coordination
• Participate in updating County -owned New Neighborhood
comprehensive plan designations, master plan, and zoning codes.
9. City of Redmond Coordination'
• Coordinate with City of Redmond and Central Oregon
Coordination Duties
Intergovernmental Council (COIC) on CORES, a multi -stakeholder
regional emergency coordination center
• Coordinate on growth management issues.
10. City of Sisters Coordination
• Participate in the implementation of Sisters Country Vision Plan
and City of Sisters Comprehensive Plan Update.
• Coordinate on growth management issues.
11. Growth management committees, Bend Metropolitan Planning
Organization (MPO), and Oregon Department of Transportation (ODOT)
12. Sage Grouse Coordination
Code Maintenance
13. Housekeeping Amendments
-2-
Table 3 - Low Priority Zoning Text Amendments
Category
Projects
Capacity
1. Remove 10% reduction limit to property line
Minor
adjustments in for farm and forest zoned properties
2. Amend Deschutes County Code to address wireless
telecommunication facilities proposed in Oregon
Minor
Department of Transportation right-of-way (added
by the Board)
3. Revisit Ham Radio Tower regulations to reflect
Minor
building code updates and other issues
4. Outdoor Mass Gatherings to be addressed more
thoroughly (HB 2790, 2019, allows counties to treat
Minor
OMG as land use decisions)
5. Outdoor and Greenhouse Lighting Control
Ordinance to comply with new technologies and
Moderate
Dark Skies best practices
6. Introduce re -platting requirements for major serial
Minor
lot line adjustments in subdivisions
Zoning Text
7. Sign code to become consistent with federal law by
Minor
Amendments
removing content limitations
8. Accessory structure amendments clarifying they
must be built concurrent with or after the
establishment of a primary residence. Specify
Minor
allowed facilities (baths, cook tops, wet bar) in
residential accessory structures
9. Section 6409(a) of the Spectrum Act (Wireless
Minor
Telecommunication Amendments)
10. In conduit hydroelectric generation code
Significant
amendments
11. Amend Deschutes County Code to prevent the siting
Moderate
of future destination resorts (added by the Board)
12. Update regulations pertaining to temporary use of
recreational vehicles as dwellings to better address
Moderate
occupancy, sewage, waste, fire hazards, and
wetland impacts. (added by the Board)
III. PLANNING STAFF CAPACITY
The Planning Division has three (3) unfilled current planning positions (Assistant, Associate, and a recently
approved Principal Planner). Recruitment and training for these positions is expected to last into early
fall 2022. To ensure timely processing of current planning applications, CDD has allocated approximately
-3-
1.0 FTE from long range planning staff temporarily to support current planning. Thus, long range planning
resources are currently limited to take on discretionary projects without potentially impacting current
planning application review timelines. Capacity is expected to emerge in the fall to initiate one to three
minor zoning text amendments or one moderate amendment.
IV. BOARD DIRECTION
Staff seeks Board direction to prioritize up to three minor zoning text amendments or alternatively,
one moderate amendment.
0
wTE S CoG�.a
MEETING DATE: June 27, 2022
SUBJECT: Consideration of Board approval of document #2022-574, an Oregon Health
Authority grant.
RECOMMENDED MOTION:
Move approval of document #2022-574, an Oregon Health Authority grant.
BACKGROUND AND POLICY IMPLICATIONS:
The Oregon Legislature and Oregon Health Authority have identified that Oregon is in a
behavioral health (BH) care workforce crisis. Challenges in delivering services in the high -
risk COVID environment and the increasing need for behavioral health care have
discouraged qualified individuals from seeking employment with providers serving
Oregon's community members who are most vulnerable and impacted by health inequities
and injustices. Workforce shortages directly impact the ability of behavioral health care
providers to maintain full capacity which, in turn, reduces provider revenues and ability to
meet payroll obligations.
Given the urgency of the crisis, House Bill 4004 authorized the Oregon Health Authority to
distribute grant funds to behavioral health care providers to increase compensation to the
providers' staff and pay hiring and retention bonuses if necessary, to recruit new staff or
retain the providers' staff. Applicants must use at least 75% of the grant for direct
compensation to staff in the form of wages, benefits, and bonuses, with the remainder (if
any) spent on non -compensatory means to increase workforce retention or recruitment. To
facilitate administration of the HB 4004 grant program, including the OHA reporting
requirements described in this application, applicants will be required to expend all grant
funds for authorized purposes by not later than December 1, 2023.
Under the bill, recruitment and retention incentives can apply to the following Behavioral
Health positions and support positions:
Executive Leadership
Physician/Psychiatrist
• Management (program managers, supervisors, leads)
• Clinical/Medical staff
• Non -clinical staff
Total funds available under this workforce grant are $3,466,092, with up to 25% ($866,512)
eligible for non -compensatory retention strategies.
Signing and Retention Compensation: (appx. $2.6 million)
BH and BH support positions are eligible for signing and retention bonuses. Acceptance of
any signing or retention bonus shall be voluntary and shall require a stay commitment to -
be memorialized by a written agreement obligating the employee to work directly for or in
support of DCBH.
2 Year Stay Agreement Bonus compensation to be offered as follows:
1. Medical Director and Health Officer - $20,000 signing bonus with two-year stay
agreement;
2. Psychiatrists and Psychiatric Nurse Practitioners, Public Health Nurse Its (BH programs
only) and Behavioral Health Supervisors - signing/retention bonus for $15,000 with two-
year stay agreement;
3. Behavioral Health Its Licensed and Unlicensed and Data Analysts - signing/retention
bonus for $10,000 with two-year stay agreement;
4. All other eligible BH and BH support staff - signing/retention bonus for $5,000 with two-
year stay agreement, signing bonuses will not be offered;
5. Additional differential for all Crisis Program positions - signing bonus for $2,000 for
two-year stay agreements.
BH Workforce Incentive Program Fund: ($866,500)
HB 4004 permits up to 25% of total resources to be expended on "non -compensatory
means to increase workforce retention or recruitment" strategies. DCHS intends to grant
the amount above to a fiscal agent to establish a fund out of which to expend dollars for
the following strategies:
• Tuition Reimbursement: Tuition reimbursement shall require a minimum two (2) year
written agreement obligating the employee to work directly for the Behavioral Health
Program and to provide clinical services or be required to pay back a prorated portion
of their tuition reimbursement received. Employees are not eligible for tuition
reimbursement during the first six (6) months of their probationary period, as defined
in Article 5 of the AFSCME Contract. Tuition reimbursement under this fund differs from
current county policy in that it provides 100% reimbursement of tuition costs and
requires post completion stay agreement with the 100% reimbursement level.
• Staff Satisfaction and Development: Funds may be used to cover contract expenditures
for on -site wellness activities, and staff development efforts such as Trauma Informed
Care and DEI Training.
• Additional Recruitment Incentives: If adequate resources remain, funds may be used to
reimburse further recruitment incentives beyond the December deadline.
BUDGET IMPACTS:
$3,466,092, with up to 25% ($866,512) eligible for non -compensatory retention strategies.
ATTENDANCE:
Janice Garceau, Director, Behavioral Health Division
Cheryl Smallman, Health Services Business Officer
HEALTH SYSTEMS DIVISION
Kate Brown, Governor L)
April 15, 2022
To: All Behavioral Health Providers
From: Steve Allen, Behavioral Health Director
Oregon
._1 [ealth
L __.v A"Mority
500 Summer Street NE, E-86
Salem, OR 97301-1118
Voice: 503-945-5763
Fax: 503-378-8467
TTY: 800-375-2863
www.oregon.gov/OHA/hsd/amh
HB 4004 (2022 Regular Session) Workforce Stability Grant
Purpose
Oregon is in a behavioral health care workforce crisis. Challenges in delivering services in the high -risk
COVID environment and the increasing need for behavioral health care have discouraged qualified
individuals from seeking employment with providers serving Oregon's community members who are most
vulnerable and impacted by health inequities and injustices. Workforce shortages directly impact the
ability of behavioral health care providers to maintain full capacity which, in turn, reduces provider
revenues and ability to meet payroll obligations.
Given the urgency of the crisis, House Bill 4004 authorizes the Oregon Health Authority to distribute grant
funds to behavioral health care providers to increase compensation to the providers' staff and pay hiring
and retention bonuses if necessary, to recruit new staff or retain the providers' staff. Applicants must use
at least 75% of the grant for direct compensation to staff in the form of wages, benefits, and bonuses, with
the remainder (if any) spent on non -compensatory means to increase workforce retention or recruitment.
To facilitate administration of the HB 4004 grant program, including the OHA reporting requirements
described in this application, applicants will be required to expend all grant funds for authorized purposes
by not later than December 1, 2023.
Applications will be accepted from the following providers:
➢ Mental health or substance use disorder crisis line providers; or
➢ Urban Indian Health Programs in Oregon; or
➢ Tribal Behavioral Health Program grant recipients in Oregon; or
➢ Behavioral health care providers (services and supports for individuals with mental
health or substance use disorders) that meet the following criteria:
o Serve adults or youth, at least 50% of whom are uninsured, enrolled in the state
medical assistance program (Medicaid), or enrolled in Medicare
o Are not hospitals; and
o Qualify as one or more of the following:
■ Certified by Oregon Health Authority to provide behavioral health care
■ Provides behavioral health care through program contracting with or
administered by the Oregon Youth Authority
■ Provides behavioral health rehabilitation services through a program
contracting with or administered by the Department of Human Services
■ Licensed opioid treatment program
If you need this letter in an alternate format, please call 503-945-5763 (Voice) or 800-375-2863 (TTY)
An Equal Opportunity Employer
:
■ Provides withdrawal management services; or
■ Is a sobering center.
To receive funds for retention and recruitment applicants must provide the following information
utilizing the link by May 41h at 5 pm (PST). The information necessary to complete the application is as
follows:
• Attestation by an authorized representative that: (1) the applicant is an eligible
applicant and the basis for such eligibility; (2) the applicant has reviewed, understands,
and acknowledges the terms and conditions of receiving grant funds under HB 4004 as
described in this application and the applicant agrees to comply with all terms and
conditions; and (3) all information provided to OHA in connection with this application is
true and correct, and the applicant agrees to notify OHA immediately in writing if the
applicant becomes aware that any such information is inaccurate or incomplete.
• Total staffing costs (gross pay) for Oregon operations, including benefits, for one month
(Please do not include independent contractors who are not employees, such as
consultants or contract nurse/providers).
• Include filled and vacant positions, including but not limited to the staffing categories
below.
o Executive Management
o Physicians/Psychiatrists
o Management (program managers, supervisors, leads)
o Clinical/Medical staff
o Non -clinical staff (including peers, billing, maintenance, environmental services,
administrative support)
• Use the most recent month within Q1 2022 that has available data. Please specify the
month for which data is being submitted.
• A description of any programs or other non -compensatory means to increase workforce
retention or recruitment that the provider proposes to support with the grant and how
such programs or other non -compensatory means are designed to increase workforce
retention or recruitment.
• Providers receiving grant funds are encouraged by OHA to develop and set in motion
innovative recruitment and retention strategies that serve to increase staff diversity and
cultural responsiveness and expedite filling open positions. A one -page summary of the
provider's recruitment and retention strategies will be required as part of the Interim
Incentive Distribution Report due on August 1, 2022.
Any portion of a grant that is not spent as provided in this application and in Section 1 of HB 4004, which
is incorporated into this application, constitutes an overpayment that OHA may recover from a provider.
Please provide notification to OHA of any unspent funds by December 15, 2022.
Two reports (an Interim Incentive Distribution Report and Final Report) must be submitted.
Interim Incentive Distribution Report due August 1, 2022.
Information required:
Specific amounts provided as of July 31, 2022, to each category of staff listed below for recruitment and
retention bonuses.
Executive Leadership
Physician/Psychiatrist
Management (program managers, supervisors, leads)
Clinical/Medical staff
Non -clinical staff
Number of vacant positions filled
Recruitment Strategy
Please provide a one -page summary of direct compensation to the provider's staff and programs or other
non -compensatory means to increase workforce retention or recruitment that the grant has supported,
and how those efforts impacted workforce retention or recruitment. If grant funds have not been fully
expended, please include a summary of plans to expend additional grant funds between August 1, 2022,
and December 1, 2022.
Final report due December 30, 2022
Information required:
Number of unfilled positions as of April 1, 2022 (submitted on RFA)
Number of unfilled positions as of December 30, 2022
A final report accounting for all expenditures of grant funds, including the amount of grant funds
expended on direct compensation to provider's staff and the amount of grant funds expended on other
programs or other non -compensatory means to increase workforce retention and recruitment.
Please share your perspective on the degree to which this incentive
• Helped provider retain staff
• Helped provider recruit new staff
• Contributed to an overall sense of well-being and a supportive work environment for
provider staff
Rating Scale:
I- No Impact
2- Mixed results, minimal impact overall
3- Mixed result, positive impact overall
4- Significant positive impact
Additional narrative to outline your organization's experience with specific examples of how this
incentive.
1) Based on your answer above, please explain with specific examples how this
incentive:
• Helped provider to retain staff
• Helped provider to recruit new staff
• Contributed to the overall sense of well-being and a supportive work environment for
provider staff
• Please limit to 500 words
2) From a consumer perspective, please share specific examples of how this incentive did
or did not enhance member experience (access, care coordination, engagement, etc.)
Please limit to 250 words
Application Link: HB 4004 Workforce Stability Grant Application
OHA will supply a report template for all reports due to OHA associated with the funds awarded.
For questions, please contact Greg Bledsoe at gregory.b.bledsoe@dhsoha.state.or.us or you may contact
Greg directly at 503-975-2025
Sincerely,
sue- ��-
Steve Allen
Health Systems Division
Oregon Health Authority
503-449-7643