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2022-291-Minutes for Meeting July 27,2022 Recorded 8/11/2022BOARD OF COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541) 388-6570 Recorded in Deschutes County CJ2022-291 Steve Dennison, County Clerk Commissioners' Journal 08/11/2022 12:03:06 PM ,gyres �o I 11 11 I II 111111 FOR RECORDING STAMP ONLY i BOCC MEETING MINUTES 9:00 AM WEDNESDAY, July 27, 2022 Barnes Sawyer & VIRTUAL MEETING PLATFORM Present were Commissioners Patti Adair, Anthony DeBone, and Phil Chang. Also present were Nick Lelack, County Administrator; 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.deschutes.org/meetings CALL TO ORDER: Chair Adair called the meeting to order at 9:00 a.m. PLEDGE OF ALLEGIANCE: CITIZEN INPUT: • Mike McCarter provided comment on the concept of Greater Idaho and changing the borders of Oregon. • Karl] Findling provided comments on the slow progress on Goal 5 and concern of the decline of mule deer populations. • Michael O'Casey provided comments on wildlife inventory and overlays and concern of the decline of mule deer populations. • Paul Bishop provided comments of appreciation of a garbage dump box placement and the shower facility at Hunnell Road encampments. BOCC MEETING JULY 27, 2022 PAGE 1 OF 7 Commissioner Adair acknowledged emails received through the Citizen Input email address. CONSENT AGENDA: Before the Board was Consideration of the Consent Agenda. CHANG: Move approval of Consent Agenda DEBONE: Second Discussion: Commissioner DeBone noted he supports the two grant documents to be included on today's Consent Agenda and wanted to highlight the County's receipt of grant awards. He also discussed the possibility of using of local companies for upcoming vehicle purchases by the Sheriff's Department. VOTE: CHANG: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried 1. Consideration of Resolution No. 2022-055, Increasing FTE within the 2022-23 Deschutes County Budget 2. Consideration of Board Signature of Order No. 2022-036, Authorizing the Deschutes County Property Manager to Execute Documents 3. Approval of Contract for Sheriff's Office FY23 Vehicle Purchases 4. Consideration of Chair Signature of Document No. 2022-653, an Oregon Health Authority Grant Agreement for Community Mental Health Programs 5. Consideration of Chair Signature of Document No. 2022-655, an Oregon Health Authority Grant Agreement for Harm Reduction Program 6. Approval of Minutes of the June 29, 2022 BOCC Meeting 7. Approval of Minutes of the July 6, 2022 BOCC Meeting 8. Approval of Minutes of the July 11, 2022 BOCC Meeting 9. Approval of Minutes of the July 13, 2022 BOCC Meeting ACTION ITEMS: 10.Consideration of Second Reading of Ordinance No. 2022-010, Remand of Deschutes Junction Plan Amendment and Zone Change application and BOCC MEETING JULY 27, 2022 PAGE 2 OF 7 Consideration of Adoption Senior Planner Nicole Mardell presented the consideration of the second reading, by title only of the Ordinance. Ms. Mardell noted a minor error on the signature blocks of the maps on Exhibit B and C. DEBONE: Move approval of second reading by title only of Ordinance No. 2022-010 CHANG: Second Discussion: Commissioner Chang stated though he supports this application he does not support wide scale rezoning in the County. VOTE: DEBONE: Yes CHANG: Yes ADAIR: Chair votes yes. Motion Carried Commissioner Adair read the Ordinance No. 2022-010 by title only. DEBONE: Move adoption of Ordinance No. 2022-010 CHANG: Second VOTE: DEBONE: Yes CHANG: Yes ADAIR: Chair votes yes. Motion Carried 11.Authorize applying for a $100,000 Solid Waste Orphan Site grant administered by the Oregon Department of Environmental Quality to complete pre -work associated with the +/- 300-acres reserved for the CORE3 project Property Manager Kristie Bollinger presented the grant opportunity to cover expenses for pre -work for the CORE3 project. John Foxwell, with APEX Companies, presented a proposal to clean up the solid waste disposal area and the scope of work that would be provided through the grant award. Commissioner Chang is supportive of this project but is concerned on the impacts to County staff that have a multitude of priorities and limited BOCC MEETING JULY 27, 2022 PAGE 3 OF 7 resources. Commissioner Chang inquired why the County would be the applicant and asked who would administer the grant. Mr. Foxwell noted the grant application is almost complete and stated APEX would oversee the grant and subcontract the work. Ms. Bollinger noted Deschutes County is the property owner, which is why the County has to be the grant applicant. The fiscal administration needs to be discussed further. Commissioner Chang expressed his opinion that spending a lot of time on CORE3 is not the highest propriety for Property Management, given its other projects. CHANG: Move approval of grant application DEBONE: Second VOTE: CHANG: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried Commissioner DeBone noted there is a request from the CORE3 group to acknowledge additional signatures on the MOU that was approved in March. Since that time, there have been 6 additional signatures added to the MOU. Ms. Bollinger recommended an amendment to the Memorandum of Understanding. DEBONE: Move approval of addendum to MOU CHANG: Second VOTE: DEBONE: Yes CHANG: Yes ADAIR: Chair votes yes. Motion Carried 12.MOU for Domestic Well Assistance Deputy County Administrator Erik Kropp discussed the details of the Memorandum of Understanding for the domestic well assistance program. Andrew Spreadborough, Neighborlmpact, reported on the increasing demand of water assistance for rural properties. Mr. Kropp estimated the program applications funding should be ready in one to two weeks. John Cox, Neighborlmpact, reported on the lending process through Neighborlmpact and the down payment assistance program. BOCC MEETING JULY 27, 2022 PAGE 4 OF 7 CHANG: Move approval of County Administrator's signature of Document No. 2022-640 DEBONE: Second VOTE: CHANG: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried 13.Department Performance Measure Updates for Quarter 4 Administrative Analyst Laura Skundrick presented the department performance measure updates. • Keith McNamara, Veterans Services Manager, presented a report on veterans services provided to the veterans in Deschutes County. • Steve Dennison, County Clerk, provided a report on the Clerk's Office and election statistics and the reduced costs per ballot. • Lee Randall, Facilities Director, provided a report on capital projects and focused on the public safety campus project. • Kathleen Hinman, Human Resources Director, provided a report on maintaining health care costs and claims. • Ms. Skundrick presented a summary in the staff report to the Commissioners for the Assessor's Office performance measure. • Kevin Furlong, IT Operations Manager, provided a report on the implementation of an asset device inventory and improving cyber security. • Ms. Skundrick presented a summary in the staff report to the Commissioners for the Justice Court's performance measure. 14.Discussion of Measure 109 / Psilocybin / Time, Place, and Manner Amendments Community Development Department Director Peter Gutowsky presented BOCC MEETING JULY 27, 2022 PAGE 5 OF 7 the discussion pertaining to adding the time, place, and manner amendments as they relate to psilocybin to the Community Development Department's work plan. Psilocybin was not included in the work program for the current fiscal year. Mr. Gutowsky reviewed the high level priorities that were included in the Community Development Department work plan including accessory dwelling units, wildfire mitigation, and wildlife inventory and the related timelines. Staff have conducted a similar use review of the existing Deschutes County Code and how it would relate to psilocybin facilities and manufacturing. Commissioner Chang supports proceeding with all priorities and suggested external capacity and funding to assist with this work, including the possibility of pooling resources with other Oregon counties. Discussion held on temporarily limiting the Planning Commission in the amendment review process to expedite the timeline for time, place and manner restrictions on psilocybin. Commissioner DeBone supports moving forward with discussions for time, place, and manner restrictions for psilocybin and the possibility of having these completed prior to the election in order to provide more information for the electorate. Commissioner DeBone supports addressing the mule deer winter range project after the psilocybin time, place, and manner restrictions. He also supports continuing work on the rural accessory dwelling unit project as it evolves. Commissioner Chang inquired regarding the timelines for the rural dwelling units and the wildlife inventory project, as these projects have experienced some delays. Mr. Gutowsky discussed the timeline related to the Goal 5 analysis for the mule deer winter range and review of the recommendations of the Oregon Department of Fish and Wildlife. Mr. Gutowsky will present an update to the Commissioners on accessory dwelling units and psilocybin time place and manner amendments on Monday, August 8, 2022. Mr. Gutowsky will present the wildlife inventory update at the first meeting of January 2023. DEBONE: Move to direct staff to proceed with the psilocybin time, place, and manner regulations and the accessory dwelling units with the mule deer project to follow ADAIR: Second BOCC MEETING JULY 27, 2022 PAGE 6 OF 7 VOTE: DEBONE: Yes CHANG: No ADAIR: Chair votes yes. Motion Carried OTHER ITEMS: • County Administrator Nick Lelack and Deputy County Administrator Whitney Hale presented the draft interview questions for the lobbyist firm interviews that will be conducted today starting at 1:30 p.m. The Board will meet in DeArmond at 1:15 p.m. EXECUTIVE SESSION: At the time of 12:02 p.m., the Board went into Executive Session at 192.660 (2) (e) Real Property. The Board came out of Executive Session at 12:25 p.m. ADJOURN: Being no further business brought before the Commissioners, the meeting was adjourned at 12:25 p.m. DATED this / Day of Commissioners. ATTEST: artivl RECORD! G SECRETARY 2022 for the Deschutes County Board of PATTI ADAIR, CHAIR ANTHONY DEBONE, VICE CHAIR PHIL CHANG, COMSSIONER BOCC MEETING JULY 27, 2022 PAGE 7 OF 7 BOARD OF COMMISSIONERS BOARD OF COUNTY COMMISSIONERS MEETING 9:00 AM, WEDNESDAY, JULY 27, 2022 Barnes Sawyer Rooms - Deschutes Services Bldg - 1300 NW Wall St - Bend (541) 388-6570 I www.deschutes.org AGENDA 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 or you may leave a brief voicemail at 541.385.1734. To be timely, citizen input must be received by noon on Tuesday in order to be included in the meeting record. CONSENT AGENDA 1. Consideration of Resolution No. 2022-055 Increasing FTE within the 2022-23 Deschutes County Budget. 2. Consideration of Board Signature of Order No. 2022-036, Authorizing the Deschutes County Property Manager to Execute Documents 3. Approval of Contracts for Sheriff's Office FY 23 Vehicle Purchases 4. Consideration Chair signature of Document No. 2022-653, an Oregon Health Authority Grant Agreement for Community Mental Health Programs 5. Consideration of Chair signature of Document No 2022-655, an Oregon Health Authority Grant Agreement for Harm Reduction Program 6. Approval of Minutes of the June 29 2022 BOCC Meeting 7. Approval of Minutes of the July 6 2022 BOCC Meeting 8. Approval of Minutes of the July 11 2022 BOCC Meeting 9. Approval of Minutes of the July 13 2022 BOCC Meeting ACTION ITEMS 10. 9:05 AM Consideration of Second Reading of Ordinance 2022-010: Remand of Deschutes Junction Plan Amendment and Zone Change application, and Consideration of Adoption 11. 9:15 AM Authorize applying for a $100,000 Solid Waste Orphan Site grant administrated by the Oregon Department of Environmental Quality to complete pre - work associated with the +/- 300-acres reserved for the CORE3 project. 12. 9:35 AM MOU for Domestic Well Assistance July 27, 2022 BOARD OF COUNTY COMMISSIONERS MEETING Page 2 of 3 13. 9:55 AM Department Performance Measure Updates for Q4 14. 10:25 AM Discussion of Measure 109 / Psilocybin / Time, Place, and Manner Amendments 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 Liaccommodations to make participation possible, please call (541) 617-4747. July 27, 2022 BOARD OF COUNTY COMMISSIONERS MEETING Page 3 of 3 ©. vt.ES BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Citizen. Input can be given regarding any topic that is NOT on the agenda Public Testimony can be given during Public Hearings only Topic of Input or Testimony.: GEATE FDA I4o ** Is this topic an item on today's agenda? Yes (please see description of Citizen Input above) Name Kt Ks M TER - Address 'S3f1o1 RIDGE "K l- P%oE, OTZ 9T73Y Phone #s 50S -339 - 5 ioU LJ Date: .7127 E-mail address N\ I KE @ &IKEA EOM- O.4�C 22 THIS FORM IS TURNED IN TO RECORDING SECRETARY BEFORE MEETING BEGINS Are you submitting written documents as part of testimony? If so, please give a copy to the Recording Secretary for the record. Yes 11 No BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Citizen Input can be given regarding any topic that is NOT on the agenda • Public Testimony can be given during Public Hearings only Topic of Input or Testimony Ck„\Ale- f ** Is this topic an item on today's agenda? Yes (please see description of Citizen Input above) Name ILL -- Address("t-e-1-{pc Phone #s 641 Lit0 O3 @„„C‘ E-mail address Vits ladzkvArtg, THIS FORM IS TURNED IN TO RECORDING SECRETARY BEFORE MEETING BEGINS Are you submitting written documents as part of testimony? If so, please give a copy to the Recording Secretary for the record es BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK • Citizen Input can be given regarding any topic that is NOT on the agenda • Public Testimony can be given during Public Hearings only Topic of Input or Testimony: ', $ Id* 17,-44 f ** Is this topic an item on today's agenda? Yes (please see description of Citizen Input above) Name J11 amAt( `&,p-� Address 3 l-io)YtAes f<oo Phone #s �% 65 23 IC, E-mail address i(14k iocasty C ,` Date: 497/ -% 7.r- THIS FORM IS TURNED IN TO RECORDING SECRETARY BEFORE MEETING BEGINS Are you submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. >4No BOARD OF COMMISSIONERSMEETING REQUEST TO SPEAK. Citizen Input can be given regarding any topic that is NOT on the agenda Public Testimony can be given during Public Hearings only Topic of Input or Testimony: ** Is this topic an item on today's agenda? Yes (please see description of Citizen Input above) Name Address . /30417) Phone #s 13 7— E-mail address oc 626 4", 9oci THIS FORM IS TURNED IN TO RECORDING SECRETARY BEFORE MEETING BEGINS Are you submitting written documents as part of testimony? If so, please give a copy to the Recording Secretary for the record. Yes No Sharon Keith From: Mary Ann Kruse <junehog9@gmail.com> Sent Monday, July 25, 2022 3:27 PM To: citizeninput; council@bendoregon.gov; wrd_dl_Director@water.oregon.gov; rory@colw.org; carol@colw.org; kristen@colw.org Cline Buttes Tract transaction number 63509-LS. re..c.Q i vLd CkOCAL‘' YV9- CI \ Subject: [EXTERNAL EMAIL] OUR WATER The COMMON GOOD and DO NO HARM. Decisions in a decent society are based on these concepts. Privatization of water, our precious natural resource, denies the rights of people and nature to exist. Privatization of water fails to protect the COMMON GOOD and causes irreparable HARM to people and nature. The COMMON GOOD encompasses the needs of farmers (not agribusiness), indigenous people who need water for fishing and cultural preservation, fire fighters, domestic consumers and the survival of nature to name just a few, The HARMS of privatization of water are unsustainable and irreversible. Privatization transfers the control of our water resources to corporations, developers, bankers, bureaucrats and corrupt politicians to satisfy their personal and collective greed. Privatization ensures that these unaccountable entities will control the distribution and cost of water: They will decide who will win, who will lose, who will thrive, who will die, including nature. Quo Warranto...By Whose Authority? Who is empowered to make the decisions about OUR water? How do WE THE PEOPLE assert our power and rights? How do we STOP THE STEAL of our water resources? Stop the sham of public input hearings where the decisions have already been made. Whoever makes a proposal about water issues must represent his self in public forum. Disallow high powered attorneys pontificating in legalize while the perpetrator basks in anonymity and unaccountability.. Implement eminent domain to purchase the water rights of owners for the COMMON GOOD. The reality of drought, population explosion, fires and climate crisis demands a focus on what is good for people and the planet. Personal and collective greed and control is totally unacceptable in a decent society. The COMMON GOOD DO NO HARM STOP PRIVATIZATION of OUR WATER! Sue Bastian runsuebikeAgmail.com 20362 Rock Canyon Bend, OR 977 r Sharon Keith From: Sent: To: Subject: Chuck Malley <chuckmalley@hotmail.com> Thursday, July 21, 2022 7:56 AM citizeninput Wild West Rifle Ranges within the county C-QA,�Q-- .� CI tx Some people who received this message don't often get email from chuckmalley@hotmail.com. Learn why this is important [EXTERNAL EMAIL] You may read my email sent to the other county commissioners. Site. Firing rifles within the county needs to stop! Get Outlook for Android i rLe_a_t v �+ Sharon Keith From: Robert C. Johnson <birdboy48@hotmail.com> Sent: Thursday, July 21, 2022 10:49 AM To: citizeninput Subject: Thornburgh. Some people who received this message don't often get email from birdboy48@hotmail.com. Learn why this is important [EXTERNAL EMAIL] "...the most environmentally friendly, most ecological project that's ever been built in the West." Ever...right ? Since time began. Inan area where wells are already going dry ? Just what Deschutes County needs more of. Rich bullshitters with lots of money and lawyers. And officials who may make a show of objecting, but always seem to end up going along ? In the West, when has it ever been different ? Robert Johnson Bend OR Sharon Keith Lock, From: Sent: Mary Kruse <junehog9@gmail.com> To Se Thursday, July 21, 2022 11:20 AM citizeninput; council@bendoregon.gov; wrd dlDirector@water.oregon.gov; Subject: rory@colw.org; carol@colw.org; kristen@colw.org water Some people who received this message don't often get email from juneho9 9 [EXTERNAL EMAIL]_ @gmail.corn.Learn wh this is important Deschutes County Commissioners, City of Bend Councilors, Tom Byler, Director De Resources (OWRD), Central Oregon Landwatch Attorneys: Partment of OR Water This most recent OPB article on local water is frightening: htt s://www,o. b•or /article/2022/07/19/deschutes-water-ri • hts-accoreon/?fbclid=IWAR3OiLt9T1A-x2eaPIZRrlvlcLsVVwUY1xvHGeU SK el •uvmtGtmtGt groundwater -central XnIbH51H50. With our Central Oregon dwindling water supplies @ our current population,that should not be the. only interruption in this seemingly: fraudulent yet legal it would appear lawsuits for immediate monetary gain the granting of yet more `exclusive building 1 accumulation eol of water rights. its s only lakes, water features especially those with expectant water usage the size of p for golf courses, water ski gallons/day @ the expense of drinking water would not be a consideration. the City of Prineville we @ 6 milliones being elevated @ the expense of residential & farm use potable water i ron. Thatnnon essential water usage is s unconscionable.. Are no current Central Oregon residents &farmers to expect available, the seemingly unlawful bargaining, counter lawsuits, trading water ri hts potable water now or in the future? With &groundwater rights, there will g for others by those with deep this scenario :., developer pockets able to purchase multiple surfacebe no happy ending for When is enough enough? g . The current Central Oregon population of 91,000+ is already suffer' limitations, water shortages, landfill maximums, traffic jams, light, air & waterY suffering infrastructurewnenough money exchanges hands, building to increase the population continues everyone's pollution.., &yet, when enough @ expense. Destination resort, Thornburgh's developer Kameron DeLashmutt's claim, laughable. Who makes this unsubstantiated. claim in 2022? "...we have water secure" is the most environmentally friendly, most ecological project that'sdevetbeenes rther by stating,� t... Frankly, the is most environmentally friendly, most ecological project that's ever been built intheWesWest..." w would beoe isneve r built:d one that From the 2011 unscrupulously, clandestinely developed private water ski' Bend to the build -out @ Thornburgh & others on the books, lake eeds to take aback seat subdivision in management professionals with updated & enforced laws. Therecanbe no "innovative solutions" ton water water resource is non existent. Trading water rights for water rights only benefits th the althyons" when the they will have water. Current state laws should not be left entirely to the discretione wealthy ag soon, not even Department of the Interior federal land & water resources attorney, Adell Amos, "regulators.. a state agency. Per former public benefits before approving applications to move or change surface water ri h ,have to consider g ts. ; .but when developers Sharon. Keith From: Sent: To: Subject: Margaret <margaretholman@hotmail.com> Tuesday, July 26, 2022 3:34 PM citizeninput Fw: Century Drive Traffic Safety (a a c Cb ,JYO..6 You don't often get email from margaretholman@hotmail.com Learn why this is important [EXTERNAL EMAIL] From: Margaret <margaretholman@hotmail.com> Sent: Tuesday, July 26, 2022 2:37 PM To: citizeninput@deschutes.og <citizeninput@deschutes.og> Subject: Century Drive Traffic Safety To: Deschutes County Commissioners This input is from an 86 yr. old born & raised in Bend resident. Exponential growth in traffic and recreational use at the dangerous Devil's Lake curve (my name for it is Coroner's Corner), is screaming for better warning signage. The two old congestion warning signs do nothing to slow the many who speed around it. Last Wednesday, July 20, at around 1:10 p.m. an accident happened. Am still trying to get a report from the Sheriffs office. It looked like a bicyclist may have been hit by a vehicle. 8-10 vehicles were parked along the side of the narrow road & volunteers were trying to assist the victim. The bicycle warning lights were flashing. _A bystander waved me around then I put my flashers on & warned people coming from the East. (Bend) The point is this: FLASHING WARNING LIGHTS for cars are badly needed. Many drivers don't even see the old signs that are there. Bikers do have them for minimal protection from autos. The type of light I'm describing is like the ones on Deschutes Market Rd. & NE Butler Mkt. Rd. heading toward Bend.' Ideally, the County would block off both sides of the highway around the curve preventing exposure of the many who park on both sides of this curve. Users would then park in the Devil's Lake parking area. The Forest Trail use permit system makes space in that lot that didn't previously exist. This is manageable. The USDA Forest Service is doing its' part by re-routing the S.Sister climber's trail so it will not be necessary to cross the highway. I'd like to see the County also join the safety campaign for improving public safety. Sincerely, Margaret A. Holman 996 SE Centennial St. Bend, OR 97702 541389.1849 i Sharon Keith From: Ian Isaacson <iandavidisaacson@gmail.com> Sent _ Tuesday, July 26, 2022 3:07 PM To: citizeninput Subject: Wildlife Inventory Update, Public Comment You don't often get email from landavidisaacson@gmail.com. Learn why this is important [EXTERNAL EMAIL] July 26, 2022 RE: Wildlife Inventory Update r~ L i e..-d \,, ce_ leAV CA:40 rcyl Dear County Commissioners Patti Adair, Phil Chang, and Tony DeBone, My name is Ian Isaacson and I live at 61018 Geary Dr. As an avid hunter living in Deschutes County for the last 10 years, I have seen firsthand an eye -popping decline in our mule deer herds. The Oregon Department of Wildlife population estimates for the Upper Deschutes and Paulina wildlife management units (the two WMU's which comprise the vast majority of the county) at a dismal 40%0 and 24.8% of population objectives respectively. In August 2021, Deschutes County staff provided the Board of Commissioners with a roadmap of potential options in regards to the county's goal 5 wildlife inventory maps. At the commission meeting on September 29, 2021, the Board recognized, which I commend, the importance of accurate wildlife inventory maps using today's best available science. With that decision, the. Board directed staff to select one of the three wildlife inventories to update the Comprehensive. Plan and Zoning Code as a pilot project and to serve as a model for future inventory updates. Staff, noting the decline in populations and the species' visibility, suggested updating the mule deer inventory first. In addition to amending the County's comprehensive plan and zoning codes, the Board's directive also asked staff to conduct public open houses and initiate a 4-6-month legislative process. The Board of commissioners recognized the importance of these updates when they directed staff to move forward with option #1 last year, but here we are, almost a year later, and open houses still have not been held, and the long, complex legislative process has not begun. As a resident, hunter and conservationist, l implore the commission to prioritize our mule deer and finish the process the Board directed staff to begin last year, without hesitation. Our mule deer herds simply can not afford to have this can continually kicked down the road in perpetuity. Thank you for your time, Ian Isaacson 61018 Geary Dr., Bend, OR 97702 iandavidisaacson@gmail.com (810) 252-45118 BOARD OF COMMISSIONERS AGENDA REQUEST & STAFF REPORT MEETING DATE: Wednesday, July 20, 2022 SUBJECT: Authorize applying for a $100,000 Solid Waste Orphan Site grant administrated by the Oregon Department of Environmental Quality to complete pre -work associated with the +/- 300-acres reserved for the CORE3 project. RECOMMENDED MOTION: Move approval of applying for a $100,000 Solid Waste Orphan Site grant administrated by the Oregon Department of Environmental Quality. BACKGROUND AND POLICY IMPLICATIONS: In March 2022, the Board of County Commissioners executed a memorandum of understanding (MOU) acknowledging the collaborative project known as CORE3, which is a tri-County multi -agency project with the objective to develop a regional emergency services and training coordination center. The MOU also included reserving +/- 300-acres of County - owned property for the CORE3 project, which is located in east Redmond within Map and Tax Lot 1513000000103. In years past, portions of the property were occupied by the Redmond Old Rod & Gun Club, Sheriff's Office shooting range and an orphaned solid waste site that includes office and consumer items. It is estimated these solid waste materials were deposited at the current location when the airport was transferred from the military to the City of Redmond in the 1950s. In 2019-2020, an environmental consulting firm, APEX Companies, LLC, completed a feasibility study related to the described uses, which included possible remediation options. In 2020, the Oregon Department of Environmental Quality issued a notice of decision that outlines the remediation path for the affected areas. Though it is anticipated a large amount of remediation will be completed during CORE3 project development and contained at the site, the affected solid waste area does not provide a stable foundation for development, so that particular area will be required to be removed. Prior to removal, additional pre -work will be required, including a cultural resource survey, disposal area survey and treatability study. DEQ is currently accepting grant applications through July 31, 2022 for its Solid Waste Orphan Site program, which could provide up to $100,000 in funding to complete the necessary pre -work. Note that a pre -application was submitted to DEQ in June 2022 to demonstrate possible interest in submitting a full application. BUDGET IMPACTS: If the Solid Waste Orphan Site grant is awarded, the County will receive $100,000 in funding for the pre -work described. ATTENDANCE: Kristie Bollinger, Property Manager DEQ State of Oregon Department of Environmental Quality Solid Waste Orphan Site Account Application Form DEQ's Solid Waste Orphan Site Account Program provides funding and low -interest loans for investigation and cleanup of hazardous substance releases from solid waste disposal facilities (OAR 340-122-0510) owned or operated by a local government and private orphan sites (OAR 340-122- 0530). For local governments the first $100,000 requested for eligible site expenses does not require repayment and can be provided under a funding agreement with DEQ (OAR 340-122-0570). All of the state's remedial action costs, penalties and punitive damages for which a person is liable to the state under ORS 465.255, 465.260 or 465.00 shall constitute a lien upon any real and personal property owned by the person (ORS 465.335). Please fill out a separate statement of interest form for each local government solid waste disposal site and solid waste orphan site that may be eligible for funding. Applicants may provide answers on a separate piece of paper or by attaching documents. Please provide DEQ with copies of any documents used. DEQ will use information from this form to prioritize solid waste orphan site account funding and loan requests made by local governments. After reviewing the information on this form, DEQ may request additional information. Please contact your State SWOSA Project Manager for guidance on this form: James Heintz 700 NE Multnomah Street, Suite 600 Portland, OR 97232 james. heintz(a�state.or. us 503-229-5860 Required questions (1-9) 1. Provide local government or responsible party contact information (Telephone, fax, email, mailing address) Kristie Bollinger I Property Manager DESCHUTES COUNTY PROPERTY MANAGEMENT Physical: 14 NW Kearney Ave I Bend, Oregon 97703 Mailing: P.O. Box 60051 Bend, Oregon 97708-6005 Tel: (541) 385-1414 I Fax: (541) 317-3168 2. Provide Identification information for the solid waste disposal or solid waste orphan site. (Address, Latitude/Longitude, ECSI number, etc.) The north side of East Highway 126 in Redmond, Oregon (Figure 1), Township 15 South, Range 13 East, Section 14, Deschutes County. The Site latitude is 44.2673° North, longitude is 121.1399° West. The site includes ECSI files 4710 and 5054. Note that this application applies only to the former disposal area. The Site location is shown of Figure 1. The Site is shown on Figure 2, including the disposal area, former Sheriffs Range, and former Redmond Rod & Gun Page 1 of 6 Club. SWOSA Statement of Interest Form 3. List hazardous substances and other waste present at the disposal site. Note: A hazardous substance must be present or suspected to be present to qualify for SWOSA funds. OAR 340-122-0530 Arsenic, lead, polychlorinated biphenyls, and polyaromatic hydrocarbons. Remedial investigation results for ecological and human health risks are summarized on Figures 4 and 5, respectively. 4. Describe the site's risk to public health and the environment. Include reasons, if any, why there is a need for immediate removal or remedial action to protect public health or the environment. Please provide any applicable reports, documentation, or information with the application. The most recent Master Plan for the proposed facility is shown on Figure 3. The site is planned for redevelopment as an emergency preparedness facility for Central Oregon. The complete regulatory file for the site including the 2020 Feasibility Study and Record of Decision is available on ECSI 5054 page. https://www.deq.state.or.us/Webdocs/Forms/Output/FPController.ashx?Sourceld=5054&SourceldType=11 5. Why are you interested in solid waste orphan site funding? Please provide a brief overview of what the future goals are for the site. Master planning for the emergency preparedness facility is currently being initiated. Grant funds would be used for cultural resources survey, treatability study and remedial design for the disposal area. 6. Describe investigation or cleanup work already performed at the site. Please provide any applicable reports, documentation, or information with the application. A Feasibility Study (FS) for the site includes a recommended remedial alternative that includes excavation and on -site containment. Page 2 of 6 SWOSA Statement of Interest Form 7. Provide information on the sort of investigation or cleanup needed at the site. Describe the anticipated work, associated costs, and the basis of the cost estimates. Specify any indirect costs (such as administration and overhead associated with the investigation or cleanup activities), and legal costs included in the cost estimates. a. Investigation and evaluation of cleanup alternatives: Cleanup alternative evaluation is included in the 2020 FS and approved in the 2020 ROD. Investigation and evaluation of cleanup alternatives is complete. b. Cleanup: Cleanup includes excavation of disposal debris and on -site containment. Grant resources would be used to move the disposal area to a point where it is "shovel ready". The approximate breakdown for use of the grant resources includes: • Cultural resources survey - $10,000 • Disposal area topographic and geophysical survey - $15,000 • Treatability study - $75,000 8. Describe other sources of funding: a. From owners or operators of the site and other parties who may be responsible for site contamination. What efforts have been made to seek their contribution to site costs? Parties responsible for the contamination have not been definitively identified. It is understood these waste materials were dumped at the site when the airfield was transferred from the military to the City of Redmond in the 1950s. b. Insurance or accounts established for funding site closure? None identified. c. Are there opportunities to partner with other entities on this site? To be determined. Page 3 of 6 SWOSA Statement of Interest Form 9. Are you interested in using DEQ contractors for the proposed work? If your local government would like DEQ to perform the investigation and/or cleanup activities, the local government and DEQ can enter into an Intergovernmental Agreement (IGA). Local governments can also chose to perform the contracting themselves. To be determined. Page4of6 SWOSA Statement of Interest Form Optional questions (10 — 17) Note: Any additional information on the site will help DEQ score the site in our prioritization process. 10.What are the current and proposed land uses for the disposal site? Regional emergency services and training coordination center. 11.What are the current and proposed ground water uses near the disposal site? a. How many drinking water wells are nearby? One, closed. b. How far is the closest drinking water well? On -site. c. How many people draw from these wells? This well is capped and the pump has been removed. It could be brought back into service if needed. 12.What are the current and proposed surfaces water beneficial uses near the disposal site? There are no surface water resources on site. Page 5 of 6 SWOSA Statement of Interest Form 13. Please describe the quantity of waste disposed of at the site? Please list cubic yards of domestic solid waste, number and type of vehicles (sedan, van, truck, bus, etc), number and type of tires (passenger, SUV, commercial), number of drums. The disposal area includes containers, remnants of old equipment, miscellaneous refuse dumped at the location over the years. Preliminary estimates indicate approximately 77,325 cubic yards of waste are present at the site as shown on Figure 6. 14. What is the area that the waste is stored in or the area of the property? Please give number of acres that is contaminated with solid waste. The debris is present approximately 7.5 acres. 15. Describe the sites historic management and how many years the site has been closed. Does the landfill have a liner? Was there open burning? Did the disposal site accept "wet" waste? Was waste placed directly into surface water? No liner is present. There is no record of burning or receipt of wet wastes. There are no surface waters present at the site. 16. Describe the hazardous substance containment. There is no containment present at the disposal area. 17. Please describe community attitude over the cleanup of the site. The site is not well known to the community. Negative attitudes towards the cleanup are not expected. Page6of6 Nr HEML0_CK_AVE E A N rL EH A'E Roliei-ts.Field:Redmond Municipal Airport ij Site U i 7 J Note: Base map prepared from USGS 7.5-minute quadrangles of Redmond and O'Neil, OR, dated 2011 as provided by USGS.gov. 0 2,000 4,000 Approximate Scale in Feet Site Location Map Feasibility Study Deschutes County Shooting Range Property Deschutes County, Oregon Apex Companies, LLC 3015 SW First Avenue APEX Portland, Oregon 97201 Project Number 2112-05 Figure November 2018 go LE C*4 4g\ Scale in Feet Production Well (Not in Use) ITE PLAN LEGEND ..- ..... 0 ) m ,c Ft' ,- 0 0 'S- 0 0 cr 0 0 E -2 a) ?,-),„ c, Z.,-0 -a )....t> o 2 -Ei. c) '' m c2. 0 1:3 m 00_ EY _0_ co cii co s- .0 0 .s2 co ci- ,...,.i2 C) m`.0 ---- ,.... a> m 15 -0 t. e, kii . , •,'" m cr0 ,c2 1:2_, c Et2 c 4._ c c„, •-• c,) z c — c z 0 10).5f2 0 CO 0.- 0) ) g 0 .° •E CCI Q. ,.=•Z 0 0 ,F .-C) ,_ F--. .2 Cr Cr 0 .3 U- C 4,--, e -.2 .. E 0 cii .. .0 0 .,,.. 15 0 ,t :2,... :-.... u_ '-s -0 'c ..s...... W-4241b..,.'0WI.4,,;%T. Figure 3 - Site Master Plan z a 8 5 8 U 0 t. 0) 06 t U O Q• U 8 w a 4 9 5 0 a Q U 8 5 5 8 5 Q 4 a co a m U 09 CQ. C7p of N o C � o E E oo au. 0 3 U 5 3 a 0) U 0 % 8 a` \ 117 C \\\ N 0) O \ O )411 O . E.22 u OK e a` 8 O 5 Human Health RBC Exceedances in Soil Project Number 21 12-05 November 2018 j 8Q J m So a3� <82a 414 W m f0 O) O E c 1 m c O N N u_ PTO > W o n o co p J O O O C In O O (0 _ 0U O m O w U Z c N E 0) O .c 0 NO x N x c y W S W m m N c K wK m � DO J g N a z.83 N d w N a m m N N a m �. inj'p� d W 2 $ C 9 . _0 N§§ y N t 1 E -Y ! U O ry `o N J C �` `oaammm o�-02 0) W ti N N O o o a) N 8i o . m N Z O F f N N N ya mmm 0O 0 1 (1 u u x �O0 c0��du o) W 1 0_h h m mm o-Owo W U O 5. a` Scale in Feet Site Feature E 12 m 9 Ta 2 E 5 2 E i m 2 9 a 2 C1 1, 12 1 1 1 1 1 1 1 1 m ry 1 m 1 m 8 m ft,f 1 1 1 12 I o- 1 1 9 ry o in a to < N V S E a E 5 E m U ffi n U J§ Z E E N_ N 1 I i l i t E m I 1 N 1 1 1 co m 2 1.. i 1 an .h .n m (0 a Q U ** U Jg N N N 16 J A-3 Malyte I Plants.... 1 Invertebrates I Birds I Mammals 1 1 I 1 1 1 1 I 11 1 1 1 N I I E 12 2 3 9 12 2 1 11 E 12 fi 9 Q If 1, II ' E f 1 9 U 0 2 E Em 2 9 € 2 12 U E 12 12 9 U 12 eo Level II SLV Exceedances in Soi Feasibility Study Deschutes County Shooting Range Property Deschutes County, Oregon 0 O 2.1 Scale in Feet Site Feature l\\V 03 k Removal Areas and Volumes Range Floor Removal Area (1 ft Depth) Range Floor Removal Area (2 ft Depth) Scale in Feet November 2018 BOARD OF COMMISSIONERS AGENDA REQUEST & STAFF REPORT MEETING DATE: July 27, 2022 SUBJECT: Approval of Contracts for Sheriff's Office FY 23 Vehicle Purchases RECOMMENDED MOTION: Move for approval of Munis contracts 42200298 and 42200315. BACKGROUND AND POLICY IMPLICATIONS: All vehicles are purchased at government -pricing rates. We have placed the majority of our FY23 vehicles into two Munis Contracts in order to expedite payments. These vehicles were ordered in March and November of 2021. The first vehicles began to arrive in June and more have arrived in July. BUDGET IMPACTS: All items were included and had been approved in the adopted budget. ATTENDANCE: Captain Paul Garrison, if necessary. State of Oregon PRICE AGREEMENT WITH Gee Automotive Portland VII, LLC (dba Ron Tonkin Chrysler Jeep Dodge Ram Fiat) FOR Chrysler, Jeep, Dodge and Ram Brand Vehicles Price Agreement # 1652 Price Agreement # 1652 Gee Automotive Portland VII, LLC (dba Ron Tonkin Chrysler Jeep Dodge Ram Fiat) This Price Agreement ("Agreement') is between the State of Oregon (the "State"), acting by and through its Department of Administrative Services Procurement Services ("DAS PS" or "Agency") and Gee Automotive Portland VII, LLC (dba Ron Tonkin Chrysler Jeep Dodge Ram Fiat), a Washington Limited Liability Company ("Contractor"). Section 1 -Agreement 1.1 Parties 1.1.1 The only parties to this Agreement are Contractor and DAS PS. 1.1.2 Authorized Purchasers may purchase goods and related services specified in Exhibit A ("Goods") by issuing ordering instruments that create and become part of separate contracts ("Contracts"). The only parties to Contracts created by ordering instruments are the applicable Authorized Purchaser and Contractor. DAS PS is an intended beneficiary of each Contract created by an ordering instrument. 1.1.3 As used in this Agreement, "Authorized Purchaser" means: State agencies of Oregon, Oregon Cooperative Procurement Program ("ORCPP") participants and authorized members to the State of Washington Master Contracts Usage Agreement (MCUA). Contractor may be required to obtain manufacturer authorization prior to an MCUA member's purchase of Goods under this Agreement. 1.2 Ordering Instrument 1.2.1 Authorized Purchasers may order Goods during the Term of this Agreement using an ordering instrument: a) Authorized Purchasers who are agencies of the State of Oregon under DAS procurement authority may issue ordering instruments under this Price Agreement for any dollar amount without further delegation of procurement authority from DAS. Notwithstanding the foregoing DAS delegation, Authorized Purchasers who are agencies of the State of Oregon must obtain all other necessary approvals, including but not limited to legal sufficiency approval as required. b) Authorized Purchasers that are agencies of the State of Oregon may use either of the following as ordering instruments: i) the DAS PS approved purchase order form. Exhibit B is a sample DAS PS approved purchase order form; or ii) an electronic ordering method when the Authorized Purchaser is using a Small Purchase Price Agreement # 1652 2 Gee Automotive Portland VII, LLC (dba Ron Tonkin Chrysler Jeep Dodge Ram Fiat) Order Transaction System (SPOTS) card. Unless expressly authorized by DAS PS in writing, Contractor shall not accept a different type of ordering instrument from a State agency. c) Authorized Purchasers that are not agencies of the State of Oregon may use their own purchase order forms as ordering instruments. d) To be effective, the ordering instrument must specify all of the following: i) Language stating that the ordering instrument is submitted under this Agreement (and include the Agreement reference number from the Agreement coversheet). ii) The specific Goods and quantity of each item ordered. iii) The net price. iv) The requested delivery schedule. v) The delivery location(s). vi) The invoicing address. vii)The Authorized Purchaser's authorized representative and relevant contact information, including an e-mail address or fax number. 1.2.2 A Contract created by an ordering instrument consists only of the terms specified or required by this Agreement. Additional, different or conflicting terms and conditions in any purchase order or any other form of either an Authorized Purchaser or the Contractor may not vary the terms of a Contract. Additional, different or conflicting terms and conditions on a purchase order or other form are of no effect. 1.2.3 Contractor shall accept ordering instruments from Authorized Purchasers that comply with the provisions of this Agreement until this Agreement terminates. 1.2.4 An ordering instrument is deemed accepted by Contractor unless Contractor rejects an ordering instrument within three (3) business days after it is received. Contractor may reject an ordering instrument: i) using the same means as were used to deliver the ordering instrument, or ii) by e-mail if the email address is evident on the ordering instrument. Contractor shall specify the reason(s) for rejection. 1.2.5 Accepted ordering instruments establish separate Contracts between the Authorized Purchaser and Contractor and include the terms set forth in Sections 2 and 3. As used in the Contracts, "Price Agreement" means this Agreement. 1.2.6 DAS PS is not obligated or liable under an ordering instrument unless DAS PS is purchasing Goods as the Authorized Purchaser. Price Agreement # 1652 3 Gee Automotive Portland VII, LLC (dba Ron Tonkin Chrysler Jeep Dodge Ram Fiat) 1.2.7 Nothing in this Agreement obligates any Authorized Purchaser to place any ordering instrument or to purchase any Goods. 1.2.8 Contractor shall reject an ordering instrument from any entity that is not an Authorized Purchaser under this Agreement. Contractor may verify that Authorized Purchasers are ORCPP participants at the following address: https://www.oregon.gov/das/Procurement/Pages/Orcppmember.as px Contractor may verify that Authorized Purchasers are MCUA members at the following address: https://apps.des.wa.gov/DESContracts/Home/MCUAListing 1.2.9 Contractor shall reject an ordering instrument that does not meet the requirements of this Agreement. 1.3 Prices 1.3.1 Except as provided in this Section, during the Term of this Agreement, Contractor shall offer Goods to Authorized Purchasers at prices that do not exceed the prices listed in Exhibit A. The pricing for this Agreement is in U.S. dollars. 1.3.2 Contractor and an Authorized Purchaser may agree to lower prices for Goods. Those lower prices apply only to applicable Contracts between Contractor and Authorized Purchaser. 1.3.3 Contractor shall subtract from percentages or prices charged to Authorized Purchasers any unit price decrease that has been achieved or gained by the Contractor, whether through the manufacturer or otherwise. Contractor shall give Authorized Purchasers the immediate benefit of the decrease. Contractor shall promptly notify the DAS-PS Contract Administrator ("Contract Administrator") of the amount and effective date of the decrease. 1.3.4 Either party to this Agreement may request a price adjustment, or an adjustment to the discount percentage, for some or all of the Goods, subject to Section 1.3.5 below. 1.3.5 Contractor may request unit price increases from DAS PS following the first year of the term of the Contract, but no more than once in any 12-month period. Contractor must submit a request to the Contract Administrator in writing at least 60 days before the proposed effective date of the increase, or at such other time as specified by the Contract Administrator for submittal of the request. The request must show all proposed increases by line item and include supporting Price Agreement # 1652 4 Gee Automotive Portland VII, LLC (dba Ron Tonkin Chrysler Jeep Dodge Ram Fiat) documentation acceptable to DAS PS. DAS PS may require Contractor to provide U.S. Bureau of Labor Statistics Producer Price Index or Consumer Price Index data, published MSRP or any other relevant manufacturer or industry data substantiating the increase. 1.3.6 Discontinued Goods may be subtracted and new Goods meeting or exceeding the RFP specifications may be added throughout the term of this Agreement. Goods may be adjusted upon both parties' approval in writing, without a signed amendment to this Agreement. All adjustments will be included on a revised Exhibit A. 1.4 Contractor Reporting and Payment Requirements Contractor will be required to submit Volume Sales Reports and Vendor Collected Administrative Fees. 1.4.1. Volume Sales Reports Pursuant to the process defined by DAS PS found at: https://www.oregon.gov/das/Procurement/Pages/Supplier.aspx, Contractor shall submit a Volume Sales Report ("VSR") to DAS PS on a quarterly basis; the quarterly report is due no later than thirty (30) calendar days from the end of the applicable quarter. (For purposes of this Agreement, quarters end March 31, June 30, September 30 and December 31.) Upon written notice from DAS PS, Contractor shall submit the VSR on a monthly basis, VSR due date to be determined by DAS PS. The VSR will contain: • Complete and accurate details of all receipts (sales and refunds) for the reported period; and • Such other information as DAS PS may reasonably request. Contractor is responsible for timely reporting and shall submit a VSR whether or not there are sales. When no sales have been recorded for the reporting period, a report must be submitted stating "No Sales for the Reporting Period'; 1.4.2. Vendor Collected Administrative Fee Pursuant to the process defined by DAS PS and published at https://www.oregon.gov/das/Procurement/Pages/Supplier.aspx, Contractor shall submit a Vendor Collected Administrative Fee ("VCAF"), as directed by DAS PS. The VCAF is a charge equal to one percent (1%), not to exceed a total of $325 per vehicle, of Contractor's gross total sales, less any credits, made to Authorized Purchasers during the reporting period. Price Agreement # 1652 5 Gee Automotive Portland VII, LLC (dba Ron Tonkin Chrysler Jeep Dodge Ram Fiat) 1.5 Term of Agreement 1.5.1 The initial term of this Agreement begins on the later of May 1, 2021 or the date this Agreement has been signed by DAS PS and Contractor and all required approvals have been obtained (the "Effective Date") and expires two (2) years after the Effective Date unless sooner terminated or extended as provided in this Agreement. DAS PS has the option to extend this Agreement for one or more additional 1-year terms, provided that the initial term, together with all extensions, shall not exceed a total of five (5) years. DAS PS may exercise these options to extend by giving Contractor written notice of such exercise no later than 30 calendar days before the expiration of the then current term. The initial term, together with all extension terms are collectively referred to herein as the "Term" of this Agreement. 1.5.2 Notwithstanding the foregoing, DAS PS reserves the right in its sole discretion to extend the Agreement for a maximum of one (1) calendar month beyond the end of any term. DAS PS shall notify Contractor in writing of the one (1) month extension. Consecutive one (1) month extensions obtained under this Section 1.5.2 are not allowed. 1.5.3 After termination or expiration of this Agreement, Contractor shall not accept new ordering instruments. 1.5.4 Termination of this Agreement also terminates "blanket" ordering instruments in which the Contractor is not required to deliver specific quantities of Goods at specific times. The intent of this paragraph is to terminate what is commonly known as blanket purchase orders (orders that may contain details of the Goods, but under which actual sales of Goods are made by periodic releases that specify a date for delivery of specific Goods). 1.5.5 Except as provided in Section 1.5.4, termination of this Agreement does not terminate any right or obligation of a party to a Contract that is based on an ordering instrument that was accepted before termination of this Agreement, for non -recurring deliveries of Goods. 1.5.6 DAS PS may, in its sole discretion, terminate this Agreement upon 30 calendar days' written notice to Contractor for any or no reason. 1.6 Insurance Price Agreement # 1652 6 Gee Automotive Portland VII, LLC (dba Ron Tonkin Chrysler Jeep Dodge Ram Fiat) Contractor shall obtain insurance specified in Exhibit C and shall maintain the insurance until all Contracts under this Agreement are terminated. 1.7 Miscellaneous 1.7.1 Choice of Law. The laws of the State of Oregon (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to this Agreement, including, without limitation, its validity, interpretation, construction, performance, and enforcement. 1.7.2 Designation of Forum and Consent to Jurisdiction. Any party bringing a legal action or proceeding against any other party arising out of or relating to this Agreement shall bring the legal action or proceeding in the Circuit Court of the State of Oregon for Marion County. Each party hereby consents to the exclusive jurisdiction of such court, waives any objection to venue, and waives any claim that such forum is an inconvenient forum. 1.7.3 Amendments. Unless otherwise defined in this Agreement, no amendment of this Agreement is valid unless it is in writing and signed by the parties. 1.7.4 Transfer. Contractor shall not assign, delegate or otherwise transfer any of its rights or obligations under this Agreement without first obtaining the written consent of DAS PS. DAS PS' consent to any subcontract (or other delegation of duties) does not relieve Contractor of any of its duties or obligations under this Agreement. This Agreement is binding upon and inures to the benefit of each of the parties, and, except as otherwise provided, their permitted legal successors and assigns. 1.7.5 Counterparts. This Agreement may be executed in two or more counterparts, each of which is an original, and all of which together are deemed one and the same instrument, notwithstanding that all parties are not signatories to the same counterpart. 1.7.6 Force Majeure. Neither party is responsible for delay or default caused by an unallocated risk such as fire, riot, and acts of God or war, or by any other cause not within the control of the party whose performance is interfered with, and, which by the exercise of reasonable diligence, the party is unable to prevent. DAS PS may terminate this Agreement upon written notice after determining such delay or default will reasonably prevent successful performance of this Agreement within an acceptable time period. In the event of any such delay, Contractor's obligations are suspended to the extent of Price Agreement # 1652 7 Gee Automotive Portland VII, LLC (dba Ron Tonkin Chrysler Jeep Dodge Ram Fiat) and for the duration of such causes. However, Contractor shall take all good faith efforts to eliminate the cause of any such delay, and upon the cessation of such cause, shall resume performance of Contractor's obligations with all reasonable diligence. DAS PS, in its sole discretion, may extend the period for performance under this Agreement to enable Contractor, once such causes have been removed, to fulfill its obligations hereunder. 1.7.7 Entire Agreement. This Agreement, together with the attached exhibits, constitutes the entire agreement between the parties and merges all prior and contemporaneous communications with respect to the subject matter. 1.7.8 Notices. Except as otherwise expressly provided in this Price Agreement, any communications between the parties, or notices to be given under this Price Agreement, are effective only if given in writing or by personal delivery, email or United States Postal Service, postage prepaid, to the Contract Administrator for Contractor or DAS-PS, as applicable, or to such other addresses or numbers as either party may later indicate pursuant to this Section. Any communication or notice via the United States Postal Service is deemed given five (5) days after mailing. Any communication or notice by personal delivery is deemed given immediately upon such delivery. Any communication or notice by email is deemed given when the recipient, by an email sent to the email address for the sender or by a notice given by another method in accordance with this Section, acknowledges having received that email, with an automatic "read receipt" not constituting acknowledgment of an email for purposes of this Section. 1.7.9 No Third Party Beneficiaries. DAS PS and Contractor are the only parties to this Agreement and are the only parties entitled to enforce its terms. Nothing in this Agreement gives, is intended to give, or will be construed to give or provide, any benefit or right, whether directly, indirectly, or otherwise, to third persons unless such third persons are individually identified by name herein and expressly described as intended beneficiaries of the terms of this Agreement. 1.7.10 Waiver. The failure of DAS PS to enforce any provision of this Agreement or the waiver of any violation or nonperformance of this Agreement in one instance does not constitute a waiver by DAS PS of that or any other provision nor is it a waiver of any subsequent violation or nonperformance. Such a failure to enforce waiver, if made, is effective only in the specific instance and for the specific purpose given. 1.7.11 Certification of Compliance with Tax Laws. Contractor has complied with the tax laws of this State and all applicable tax laws of political Price Agreement # 1652 8 Gee Automotive Portland VII, LLC (dba Ron Tonkin Chrysler Jeep Dodge Ram Fiat) subdivisions of this State. Contractor shall, throughout the duration of this Agreement and any Contract and any extensions thereof, comply with all tax laws of this State and all applicable tax laws of any political subdivision of this State. For the purposes of this Section, "tax laws" includes: (i) All tax laws of this State, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of this State that applied to Contractor, to Contractor's property, operations, receipts, or income, or to Contractor's performance of or compensation for any work performed by Contractor; (iii) Any tax provisions imposed by a political subdivision of this State that applied to goods, services, or property, whether tangible or intangible, provided by Contractor; and (iv) Any rules, regulations, charter provisions, or ordinances that implemented or enforced any of the foregoing tax laws or provisions. Any failure to comply with the provisions of this subsection 1.7.11 constitutes a material default of this Agreement and any Contract. Any failure to comply entitles DAS PS or Authorized Purchaser to terminate this Agreement or any Contract, as applicable and to pursue and recover any and all damages that arise from the default and the termination of this Agreement or any Contract, and to pursue any or all of the remedies available under this Agreement or any Contract, at law, or in equity, including but not limited to: • Termination of this Agreement or any Contract, as applicable, in whole or in part; • Exercise of the right of setoff, and withholding of amounts otherwise due and owing to Contractor, in an amount equal to State's or Authorized Purchaser's setoff right, without penalty; and • Initiation of an action or proceeding for damages, specific performance, declaratory or injunctive relief. DAS PS or Authorized Purchaser may recover any and all damages suffered as the result of Contractor's default of this Agreement or any Contract, including but not limited to direct, indirect, incidental and consequential damages, costs of cure, and costs incurred in securing replacement Goods, services and applications. 1.7.12 Recycled Products. DAS PS' performance under this Agreement is conditioned upon Contractor's compliance with the obligations intended for contractors under ORS 279B.220, 279B.225 (if applicable to this Agreement), 279B.230 and 279B.235 (if applicable to this Agreement), which are incorporated into this Agreement by reference. Contractor shall, to the maximum extent economically feasible in the performance of this Agreement, use recycled paper (as defined in ORS 279A.010(1)(gg)), recycled PETE products (as defined in ORS 279A.010(1)(hh)), and other recycled plastic resin products and recycled products (as "recycled product" is defined in ORS 279A.010(1)(ii)). Price Agreement # 1652 9 Gee Automotive Portland VII, LLC (dba Ron Tonkin Chrysler Jeep Dodge Ram Fiat) 1.7.13 Records Archiving. Contractor shall retain, maintain and keep accessible all records relevant to this Price Agreement (the "Records") for a minimum of six (6) years, or such longer period as may be required by applicable law following termination of this Agreement. Such period shall be further extended until the conclusion of any audit, controversy or litigation commenced during such period and arising out of or related to this Agreement or any Contract. Financial Records must be kept in accordance with Generally Accepted Accounting Principles. During the record -retention period established in this Section, Contractor shall permit DAS-PS, the State of Oregon and the federal government access to the Records at a reasonable time and place for purposes of examination and copying. 1.7.14 Performance Evaluations. DAS PS may conduct evaluations of Contractor's performance during the term of this Agreement. DAS PS will compile and maintain completed evaluations, which will become a written record of Contractor's performance. DAS PS may also maintain as part of that written record information obtained from Contractor during an exit interview following Contract termination. DAS PS may provide copies of any documents in the written record to the Contractor and third parties upon request. DAS PS may use performance evaluations in any way it deems necessary, in its sole discretion, including but not limited to making responsibility determinations and decisions to award contracts. 1.7.15 Reporting. This Agreement and Contract(s) of Authorized Purchasers who are State agencies will be reported to the Oregon Department of Revenue. The Department of Revenue may take any and all actions permitted by law relative to the collection of taxes due to the State of Oregon or a political subdivision, including (i) garnishing the Contractor's compensation under this Agreement or any Contract or (ii) exercising a right of setoff against Contractor's compensation under this Agreement or any Contract for any amounts that may be due and unpaid to the State of Oregon or its political subdivisions for which the Department of Revenue collects debts. 1.7.16 Survival: All rights and obligations cease upon termination or expiration of this Price Agreement, except for the rights and obligations and declarations which expressly or by their nature survive termination, including without limitation this Section 1.7.16, and provisions regarding warranties and liabilities, independent Contractor status and taxes and withholding, compensation, Contractor's representations and warranties, control of defense and settlement, remedies, dispute resolution, order of precedence, maintenance and access to records, notices, severability, successors Price Agreement # 1652 10 Gee Automotive Portland VII, LLC (dba Ron Tonkin Chrysler Jeep Dodge Ram Fiat) and assigns, third party beneficiaries, waiver, headings, and integration. Section 2 - Standard Terms for Contracts Under This Agreement 2.1 CONTRACT DOCUMENTS; ORDER OF PRECEDENCE: The Contract consists of the ordering instrument and the provisions in Sections 2 and 3 of the Price Agreement. In the event of a conflict between the ordering instrument and provisions in Sections 2 and 3, the provisions in Sections 2 and 3 take precedence. 2.2 PAYMENT: Contractor shall look solely to Authorized Purchaser for payment of all amounts that may be due under this Contract. AUTHORIZED PURCHASER IS SOLELY RESPONSIBLE FOR PAYMENT UNDER THIS CONTRACT. Subject to Authorized Purchaser's acceptance of Goods, payment is due from Authorized Purchaser within 45 calendar days after the date of the invoice. 2.3 OVERDUE CHARGES: At Contractor's option, it may assess overdue account charges to Authorized Purchaser up to a maximum rate of two-thirds of one percent per month (8% per annum). 2.4 PAYMENT ADDRESS: Payments must be sent to the address specified in the Contractor's invoice. 2.5 INVOICES: Contractor shall invoice Authorized Purchaser only after delivery of all Goods ordered. Invoices shall be sent to the address provided by Authorized Purchaser for that purpose. Contractor shall include all of the following in its invoice: 2.5.1. Price Agreement number. 2.5.2. Ordering instrument number. 2.5.3. Goods ordered. 2.5.4. Date delivered. 2.5.5. Volume or quantity of Goods delivered. 2.5.6. The price per item. 2.5.7. The total amount invoiced. 2.5.8. The address to which payment is to be sent. 2.5.9. Additional Taxes (e.g. privilege or vehicle use tax and corporate activity tax) (determined based on the state of purchase) 2.6 PRICES: Contractor represents that all prices for Goods under this Contract are equal to or better than the prices listed in the Price Agreement. 2.7 CANCELLATION; INSPECTIONS AND ACCEPTANCE: The Authorized Purchaser may cancel an order in whole or in part before Goods described in the cancelled whole or part are delivered. The Authorized Purchaser has ten Price Agreement # 1652 11 Gee Automotive Portland VII, LLC (dba Ron Tonkin Chrysler Jeep Dodge Ram Fiat) (10) calendar days from date of delivery of the entire order within which to inspect and accept or reject the Goods. If the Goods are rejected, the Authorized Purchaser shall provide Contractor with written notice of rejection. Notice of rejection must include itemization of apparent defects, including but not limited to (i) discrepancies between the Goods and the applicable specifications or warranties (including variance from demonstrations or sample characteristics where demonstrations or samples have been provided), or (ii) otherwise nonconforming Goods (including late delivery). If the Authorized Purchaser elects to provide Contractor an opportunity to cure the defects, notice of rejection must also specify such opportunity to cure, and the time period in which such cure must be completed. 2.7.1. The Authorized Purchaser may elect to have Contractor deliver substitute conforming Goods at no additional cost to the Authorized Purchaser. In such an event, Contractor shall deliver substitute conforming Goods within ten (10) calendar days of receipt of notice of rejection. 2.7.2. If the Goods are rejected or acceptance is revoked, Contractor shall refund any Contract payments that have been made with regard to the rejected Goods, and shall (at Contractor's sole cost and expense) remove the Goods within seven (7) calendar days of receiving notice of rejection or revocation of acceptance. 2.7.3. Nothing contained in Section 2.7 precludes Authorized Purchaser from other remedies to which it may be entitled upon rejection or revocation of acceptance. 2.8 REPRESENTATIONS AND WARRANTIES: 2.8.1. OFFICER STATUS, INSURANCE: Contractor represents and warrants that it is not an "officer," "employee," or "agent" of the Authorized Purchaser, as those terms are used in ORS 30.265. Contractor represents and warrants that Contractor has obtained and will maintain during the term of this Contract all insurance required by the Price Agreement. 2.8.2. WARRANTY ON MATERIALS, DESIGN AND MANUFACTURE: Unless otherwise approved, in writing, by the Authorized Purchaser, Contractor represents and warrants that all Goods are new, unused, current production models, and are free from defects in materials, design and manufacture. Contractor further represents and warrants that all Goods are in compliance with and meet or exceed all specifications in Exhibit D to the Price Agreement. Price Agreement # 1652 12 Gee Automotive Portland VII, LLC (dba Ron Tonkin Chrysler Jeep Dodge Ram Fiat) 2.8.3. WARRANTY ON SERVICE STANDARDS: Contractor warrants that all services required to be performed, if any, shall be performed in a good and workmanlike manner in accordance with the highest standards prevalent in the industry. 2.8.4. WARRANTY OF TITLE: Contractor represents and warrants that all Goods are free and clear of any liens or encumbrances, that Contractor has full legal title to the Goods, and that no other person or entity has any right, title or interest in the Goods that is superior to or infringes upon the rights granted to the Authorized Purchaser under this Contract. 2.8.5. WARRANTY ON SAFETY AND HEALTH REQUIREMENTS: Contractor represents and warrants that Goods provided under this Contract comply with all applicable federal health and safety standards, including but not limited to, Occupational Safety and Health Administration ("OSHA"), and all Oregon safety and health requirements, including, but not limited to, those of the Oregon Consumer and Business Services Department. 2.8.6. MANUFACTURER WARRANTIES: Contractor shall have all manufacturer warranties covering the Goods and component parts, if any, transferred to the Authorized Purchaser, and provide warranty documents to the Authorized Purchaser, at time of delivery at no charge. 2.8.7. WARRANTIES CUMULATIVE: The warranties set forth in this Section 2.8 are in addition to, and not in lieu of, any other warranties provided in this Contract. All warranties provided in this Contract are cumulative, and are intended to afford the Authorized Purchaser the broadest warranty protection available. 2.9 COMPLIANCE WITH APPLICABLE LAWS AND STANDARDS: 2.9.1 LAWS AND REGULATIONS: Contractor shall comply with all federal, state and local laws, regulations, and ordinances applicable to this Contract as they may be adopted or amended from time to time. 2.9.2 STATUTORY TERMS: Authorized Purchaser's performance under this Contract is conditioned upon Contractor's compliance with the obligations intended for contractors under ORS 279B.220, 279B.225 (if applicable to this Contract), 279B.230 and 279B.235 (if applicable to this Contract), which are incorporated into this Contract by reference. Contractor shall, to the maximum extent economically feasible in the performance of this Contract, use recycled paper (as defined in ORS 279A.010(1)(gg)), recycled PETE products (as defined in ORS 279A.010(1)(hh)), and other recycled plastic resin products and Price Agreement # 1652 13 Gee Automotive Portland VII, LLC (dba Ron Tonkin Chrysler Jeep Dodge Ram Fiat) recycled products (as "recycled product" is defined in ORS 279A.010(1)(ii)). 2.9.3 NONCOMPLIANT GOODS: In the event of a conflict between the specifications in this Contract and applicable federal or State law, the law will prevail. Contractor shall make any modifications required to achieve compliance with law. When Contractor is notified or becomes aware of any required modifications, Contractor shall immediately notify DAS PS and Authorized Purchaser. 2.9.4 RECALLED GOODS OR COMPONENTS: In the event any Goods or component parts are recalled by a regulatory body or the manufacturer, or discovered by Contractor not to be in compliance with the applicable specifications, Contractor shall immediately notify DAS PS, and the Authorized Purchaser of the recall or non-compliance, and shall provide copies of the notice or other documentation. Upon notification, Authorized Purchaser may elect to do any of the following: a) Reject the Goods. b) Revoke its acceptance of the Goods. c) Require Contractor to complete necessary modifications, where applicable, in a timely manner, at no charge to the Authorized Purchaser. d) Terminate the Contract in its entirety or with respect to the recalled or noncompliant Goods. In the event of rejection or revocation of acceptance under this subsection, Contractor shall promptly remove the Goods at its sole cost and expense, and shall reimburse Authorized Purchaser for any payments made. 2.10 FOREIGN CONTRACTOR: If the amount of the Contract exceeds ten thousand dollars ($10,000), and if Contractor is not domiciled in or registered to do business in the State, Contractor shall promptly provide to the Oregon Department of Revenue ("ODR") all information required by the ODR relative to the Contract. Authorized Purchaser may withhold final payment under the Contract until Contractor has met this requirement. 2.11 SAFETY DATA SHEET: Contractor shall provide the Authorized Purchaser at time of delivery with a Material Safety Data Sheet ("SDS") as defined by the OSHA for any Goods provided under the Price Agreement that may release or otherwise result in exposure to a hazardous chemical under normal conditions of use. In addition, Contractor must properly label, tag or mark such Goods. Additionally, Contractor shall deliver EPA labels and MSDS information if available and as requested by Authorized Purchasers. Price Agreement # 1652 14 Gee Automotive Portland VII, LLC (dba Ron Tonkin Chrysler Jeep Dodge Ram Fiat) 2.12 TIME IS OF THE ESSENCE: Time is of the essence for performance of Contractor's performance obligations under this Contract. 2.13 FORCE MAJEURE: Neither Authorized Purchaser nor Contractor shall be held responsible for delay or default caused by fire, riot, acts of God, war, or any other cause which is beyond the party's reasonable control. Contractor shall, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon the cessation of the cause, diligently pursue performance of its obligations under this Contract. Authorized Purchaser may terminate this Contract upon written notice to Contractor after reasonably determining that such delay or default will likely prevent successful performance of the Contract within an acceptable time period. 2.14 RESERVED 2.15 FUNDS AVAILABLE AND AUTHORIZED; PAYMENTS: If Authorized Purchaser is an agency of the State of Oregon or another governmental body, payment obligations under this Contract are conditioned upon Authorized Purchaser's receiving funding, appropriations, limitations, allotments, or other expenditure authority sufficient to allow Authorized Purchaser, in the exercise of its reasonable administrative discretion, to meet its payment obligations under this Contract. At the time the ordering instrument was issued, Authorized Purchaser had sufficient funds available and authorized to make payments under this Contract. 2.16 INDEPENDENT CONTRACTOR STATUS; RESPONSIBILITY FOR TAXES AND WITHHOLDING: 2.16.1 Contractor is an independent contractor. Although the Authorized Purchaser reserves the right (i) to determine (and modify) the delivery schedule for the Goods and (ii) to evaluate the quality of completed performance, Authorized Purchaser cannot and will not control the means or manner of Contractor's performance. Contractor is responsible for determining the appropriate means and manner of performing any obligations required by this Contract. 2.16.2 Contractor is responsible for all federal and state taxes applicable to compensation or payments paid to Contractor under this Contract and, unless Contractor is subject to backup withholding, Authorized Purchaser will not withhold from such compensation or payments any amount(s) to cover Contractor's federal or state tax obligations. Contractor is not eligible for any social security, unemployment insurance or workers' compensation benefits from compensation or payments paid to Contractor under this Contract, except as a self- employed individual. Price Agreement # 1652 15 Gee Automotive Portland VII, LLC (dba Ron Tonkin Chrysler Jeep Dodge Ram Fiat) 2.17 INDEMNIFICATION: 2.17.1 Contractor shall defend, save, hold harmless, and indemnify the Authorized Purchaser, the State of Oregon and its officers, employees and agents from and against all claims, suits, actions, proceedings, losses, damages, liabilities, awards and costs of every kind and description (including reasonable attorney's fees and expenses at trial, on appeal and in connection with any petition for review) (collectively, "claim") which may be brought or made against any Authorized Purchaser, the State, or their agents, officials, employees and arising out of or related to (i) any personal injury, death or property damage caused by any alleged act, omission, error, fault, mistake or negligence of Contractor, its employees or agents, (ii) any act or omission by Contractor that constitutes a material default of this Contract, including without limitation any breach of warranty, or (iii) the infringement of any patent, copyright, trade secret or other proprietary right of any third party by delivery or use of the Goods. Authorized Purchaser or the State shall promptly notify Contractor in writing of any claim of which Authorized Purchaser or State becomes aware. Contractor's obligation under this Section shall not extend to any claim solely caused by (i) the negligent or willful misconduct of Authorized Purchaser, or (ii) Authorized Purchaser's modification of Goods without Contractor's approval and in a manner inconsistent with the purpose and proper usage of such Goods. 2.17.2 The Oregon attorney general must give written authorization to any legal counsel purporting to act in the name of, or represent the interests of, the State or its officers, employees and agents prior to such action or representation. Further, the State, acting by and through its Department of Justice, may assume its own defense, including that of its officers, employees and agents, at any time when in the State's sole discretion it determines that (i) proposed counsel is prohibited from the particular representation contemplated; (ii) counsel is not adequately defending or able to defend the interests of the State, its officers, employees or agents; (iii) important governmental interests are at stake; or (iv) the best interests of the State are served thereby. Contractor's obligation to pay for all costs and expenses shall include those incurred by the State in assuming its own defense and that of its officers, employees, or agents under clauses (i) and (ii) above. 2.18 DEFAULT: 2.18.1 BY CONTRACTOR: Contractor is in default under this Contract if: a) Contractor institutes or has instituted against it insolvency, receivership or bankruptcy proceedings, makes an assignment for the benefit of creditors, or ceases doing business on a regular basis; b) Contractor no longer holds a license or certificate that is required for Contractor to perform Contractor's obligations under this Contract; or c) Contractor commits any default of any covenant, representation, warranty, obligation or certification under this Contract, provided Price Agreement # 1652 16 Gee Automotive Portland VII, LLC (dba Ron Tonkin Chrysler Jeep Dodge Ram Fiat) however that Contractor may cure the default within the period specified in Authorized Purchaser's notice of default when Authorized Purchaser determines the default is curable by Contractor within an acceptable time period. 2.18.2 BY AUTHORIZED PURCHASER: Authorized Purchaser is in default of this Contract if: a) Authorized Purchaser fails to pay Contractor any amount pursuant to the terms of this Contract, and Authorized Purchaser fails to cure such failure within ten (10) business days after delivery of Contractor's notice of such failure or such longer period as Contractor may specify in such notice; or b) Authorized Purchaser commits any default of any covenant, warranty, or obligation under this Contract and such default is not cured within ten (10) business days after delivery of Contractor's notice of default or such longer period as Contractor may specify in such notice. 2.19 REMEDIES: 2.19.1 AUTHORIZED PURCHASER'S REMEDIES: If Contractor is in default under Section 2.18.1, in addition to the remedies afforded elsewhere in this Contract, the Authorized Purchaser may recover any and all damages suffered as the result of Contractor's default, including but not limited to direct, indirect, incidental and consequential damages, as provided in ORS 72.7110 to 72.7170. Authorized Purchaser may, at its option, pursue any or all of the remedies available to it under this Contract and at law or in equity, including, but not limited to: a) Termination of the Contract as provided in Section 2.20.2; b) Withholding all monies due for invoiced Goods or services that Contractor has failed to deliver or perform within any scheduled completion dates or has performed inadequately or defectively; c) Initiation of an action or proceeding for damages, specific performance, declaratory or injunctive relief; and d) Exercise of its right of setoff, and withholding of monies otherwise due and owing in an amount equal to Authorized Purchaser's setoff without penalty to Authorized Purchaser. These remedies are cumulative to the extent the remedies are not inconsistent, and Authorized Purchaser may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever. 2.19.2 CONTRACTOR'S REMEDIES: If Authorized Purchaser terminates this Contract, or if Authorized Purchaser is in default under Section 2.18.2 and whether or not Contractor elects to exercise its right to terminate Price Agreement # 1652 17 Gee Automotive Portland VII, LLC (dba Ron Tonkin Chrysler Jeep Dodge Ram Fiat) this Contract under Section 2.20.3, Contractor's sole remedy is: (a) A claim against Authorized Purchaser for the unpaid purchase price for Goods delivered and accepted by Authorized Purchaser, (b) with respect to services compensable on an hourly basis, a claim for unpaid invoices, hours worked but not yet billed and authorized expenses for services completed and accepted by Authorized Purchaser, and (c) with respect to deliverable -based services, a claim for the sum designated for completing the deliverable multiplied by the percentage of services completed and accepted by Authorized Purchaser, less previous amounts paid and any claim(s) which Authorized Purchaser has against Contractor. If previous amounts paid to Contractor exceed the amount due to Contractor under this Section, Contractor shall pay any excess to Authorized Purchaser upon written demand. 2.20 TERMINATION: 2.20.1 BY MUTUAL CONSENT: This Contract may be terminated at any time by mutual written consent of Authorized Purchaser and Contractor. 2.20.2 RIGHTS OF AUTHORIZED PURCHASER. Authorized Purchaser may, at its sole discretion, terminate this Contract or other ordering instrument for convenience with thirty (30) days' written notice. Authorized Purchaser may terminate this Contract immediately upon notice to Contractor, or at such later date as Authorized Purchaser may establish in such notice, upon the occurrence of any of the following events: (a) Authorized Purchaser fails to receive funding, appropriations, limitations, allotments, or other expenditure authority sufficient to allow Authorized Purchaser, in the exercise of its reasonable administrative discretion, to meet its payment obligations under this Contract; (b) federal or state laws, regulations, or guidelines are modified or interpreted in such a way so as to prohibit either the purchase of the Goods by Authorized Purchasers under the Price Agreement or Authorized Purchaser's payment for such Goods from the planned funding sources; or (c) Contractor is in default of this Contract under Section 2.18.1. Upon receipt of written notice of termination, Contractor shall stop performance under this Contract if and as directed by Authorized Purchaser. 2.20.3 RIGHTS OF THE CONTRACTOR: Contractor may terminate this Contract with ten (10) days' written notice to Authorized Purchaser, if Authorized Purchaser is in default of this Contract as described in Section 2.18.2. 2.21 ACCESS TO RECORDS: Contractor shall retain, maintain, and keep accessible all records relevant to this Contract (the "Records") for a minimum of six (6) years, or such longer period as may be required by applicable law following expiration or termination of the Contract, or until the conclusion of any audit, Price Agreement # 1652 18 Gee Automotive Portland VII, LLC (dba Ron Tonkin Chrysler Jeep Dodge Ram Fiat) controversy or litigation arising out of or related to the Contract, whichever date is later. Financial Records will also be kept in accordance with Generally Accepted Accounting Principles ("GAAP"). During the record -retention period established in this Section, Contractor shall permit DAS PS, the Authorized Purchaser, their duly authorized representatives, and the federal government access to the Records at a reasonable time and place for purposes of examination and copying. 2.22 NOTICES: Except as otherwise expressly provided in this Contract, any communications between the parties, or notices to be given under this Contract, are effective only if given in writing by personal delivery, email or United States Postal Service, postage prepaid, to the party's authorized representative. For Authorized Purchaser, the authorized representative and the address or number for notices or communications to be given to that authorized representative are as identified in the ordering instrument or as later indicated by Authorized Purchaser pursuant to this Section. For Contractor, the authorized representative and the address or number for notices or communications to be given to that authorized representative are as identified in the Price Agreement or as later indicated by Contractor pursuant to this Section. Any communication or notice via the United States Postal Service is deemed given five (5) days after mailing. Any communication or notice by personal delivery is deemed given immediately upon such delivery. Any communication or notice by email is deemed given when the recipient, by an email sent to the email address for the sender or by a notice given by another method in accordance with this Section, acknowledges having received that email, with an automatic "read receipt" not constituting acknowledgment of an email for purposes of this Section. 2.23 ORDERING INSTRUMENTS; ACKNOWLEDGEMENTS: The parties acknowledge and agree that other than designation of order quantities, types of Goods, delivery destination, dates of order, and scheduled delivery of other performance, any purchase orders or acknowledgement documents are simply for the convenience of the parties to initiate or confirm an order of Goods under this Contract and that no other terms or conditions contained in those documents are of any force or effect or are binding upon the parties. 2.24 GOVERNING LAW: This Contract is governed by and construed in accordance with the laws of the State of Oregon, without regard to principles of conflicts of laws. 2.25 VENUE; CONSENT TO JURISDICTION: 2.25.1 STATE OF OREGON CONTRACT VENUE; CONSENT TO JURISDICTION: Any claim, action, suit or proceeding (collectively, "Claim") between an Authorized Purchaser that is an agency of the State of Oregon and Contractor that arises from or relates to this Contract shall be brought and conducted solely and exclusively within Price Agreement # 1652 19 Gee Automotive Portland VII, LLC (dba Ron Tonkin Chrysler Jeep Dodge Ram Fiat) the Circuit Court of Marion County for the State of Oregon; provided, however, if a Claim must be brought in a federal forum, then unless otherwise prohibited by law it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. CONTRACTOR HEREBY CONSENTS TO THE IN PERSONAM JURISDICTION OF SAID COURTS AND WAIVES ANY OBJECTION TO VENUE IN SUCH COURTS, AND WAIVES ANY CLAIM THAT SUCH FORUM IS AN INCONVENIENT FORUM. Nothing herein shall be construed as a waiver of the State's sovereign or governmental immunity, whether derived from the Eleventh Amendment to the United States Constitution or otherwise, or of any defenses to Claims or jurisdiction based thereon. 2.25.2 NON STATE OF OREGON CONTRACT VENUE; CONSENT TO JURISDICTION: Any Claims between Contractor and an Authorized Purchaser other than an agency of the State of Oregon that arise from or relate to this Contract shall be brought and conducted solely and exclusively within the Circuit Court of the county in which such Authorized Purchaser resides, or at the Authorized Purchaser's option, within such other county as the Authorized Purchaser is entitled under the laws of the relevant jurisdiction to bring or defend Claims. If any such Claim must be brought in a federal forum, then unless otherwise prohibited by law it shall be brought and conducted solely and exclusively within the United States District Court for the District in which such Authorized Purchaser resides. CONTRACTOR HEREBY CONSENTS TO THE IN PERSONAM JURISDICTION OF SAID COURTS AND WAIVES ANY OBJECTION TO VENUE IN SUCH COURTS, AND WAIVES ANY CLAIM THAT SUCH FORUM IS AN INCONVENIENT FORUM. Nothing herein shall be construed as a waiver of Authorized Purchaser's sovereign or governmental immunity, if any, whether derived from the Eleventh Amendment to the United States Constitution or otherwise, or of any defenses to Claims or jurisdiction based thereon. 2.26 SURVIVAL: The following provisions survive termination or expiration of this Contract: Sections 2.8, 2.9.1, 2.9.4, 2.16, 2.17, 2.18, 2.19, 2.21, 2.23, 2.24, 2.25, 2.26; the paragraph in Exhibit C bearing the caption "TAIL COVERAGE"; and any other provision that by its nature would reasonably be expected to survive termination or expiration. 2.27 SEVERABILITY: If any provision of this Contract is declared by a court of competent jurisdiction to be illegal or otherwise invalid, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Contract did not contain the particular provision held to be invalid. Price Agreement # 1652 20 Gee Automotive Portland VII, LLC (dba Ron Tonkin Chrysler Jeep Dodge Ram Fiat) 2.28 ASSIGNMENTS, SUBCONTRACTS, AND SUCCESSORS: Contractor shall not assign, sell, transfer, or subcontract rights, or delegate responsibilities under this Contract, in whole or in part, without the prior written approval of the Authorized Purchaser. Further, no such written approval shall relieve Contractor of any obligations under the Contract, and any assignee, transferee, or delegate shall be considered the agent of Contractor. The provisions of this Contract are binding upon, and shall inure to the benefit of the parties and their respective successors and permitted assigns. 2.29 MERGER CLAUSE; AMENDMENT; WAIVER: This Contract constitutes the entire agreement between Contractor and Authorized Purchaser on the subject matter of this Contract. There are no understandings, agreements, or representations, oral or written, not specified in this Contract on the subject matter of this Contract. No amendment of this Contract is valid unless it is in writing and signed by the parties. No waiver or consent is effective unless in writing and signed by the party against whom it is asserted. Waivers and consents are effective only in the specific instance and for the specific purpose given. The failure of the Authorized Purchaser to enforce any provision of this Contract is not a waiver by Authorized Purchaser of that or any other provision. 2.30 INTENDED BENEFICIARY. DAS PS is an intended beneficiary of this Contract. However, the parties to this Contract may modify the ordering instrument or terminate this Contract without the consent of DAS PS. 2.31 ASSIGNMENT OF ANTITRUST RIGHTS. Contractor irrevocably assigns to the State Of Oregon any claim for relief or cause of action which the Contractor now has or which may accrue to the Contractor in the future by reason of any violation of 15 U.S.C. § 1-15 or ORS 646.725 or ORS 646.730, in connection with any goods or services provided to the Contractor for the purpose of carrying out the Contractor's obligations under this Contract, including, at the State's option, the right to control any such litigation on such claim or relief or cause of action. Contractor shall require any subcontractors hired to perform any of Contractor's duties under this Agreement to irrevocably assign to the State of Oregon, as third party beneficiary, any right, title or interest that has accrued or which may accrue in the future by reason of any violation of 15 U.S.C. § 1-15 or ORS 646.725 or ORS 646.730, in connection with any goods or services provided to the subcontractor for the purpose of carrying out the subcontractor's obligations to the Contractor in pursuance of this Agreement, including, at the State's option, the right to control any such litigation on such claim or relief or cause of action. Price Agreement # 1652 21 Gee Automotive Portland VII, LLC (dba Ron Tonkin Chrysler Jeep Dodge Ram Fiat) Section 3 - Special Terms for Contracts under this Agreement 3.1 CONTRACTOR CERTIFICATIONS: If Contractor offers Goods under the Price Agreement, Contractor shall maintain its status as a manufacturer - authorized product reseller for the Goods throughout the Term of the Price Agreement. If Contractor offers installation and/or maintenance services under this Price Agreement, Contractor shall maintain its status as a manufacturer -authorized service provider. If any required status is discontinued, this Contract may be terminated. 3.2 SELECTION PROCESS: This is not an exclusive agreement. DAS PS intends to award multiple Price Agreements and Participating Addenda for the Goods and services offered under this solicitation. Authorized Purchasers who are State of Oregon Agencies must follow the selection process outlined below. Authorized Purchasers who are not State of Oregon Agencies may select the Contractor of Authorized Purchaser's choice in compliance with applicable statute and rules. 3.2.1 For purchases under $10,000, Authorized Purchasers who are State Agencies may select the Contractor of their choice in compliance with applicable statute and rule. 3.2.2 For purchases over $10,000 Authorized Purchasers who are State Agencies shall use one of the following selection processes: a) Brand Name Justification - A documented brand name justification in compliance with applicable statutes and rules. b) Best Value Analysis - Authorized Purchaser may conduct a comparison of the offers based upon the following best value analysis process; Determine category of need, if more than 3 Contractors offer Goods and services in the category of need, contact at least 3 Contractors and request a quote for the anticipated Goods and services. If 3 or less Contractors offer Goods and Services in category of need, contact all Contractors that provide Goods and services in the category of need and request a quote for anticipated Goods and services. Quoted rates must not exceed the most competitive rates and discounts set forth in this Price Agreement. Authorized Purchaser may provide a deadline for quote response to Contractor. ii. Determine which Contractor and Authorized Dealer provides the best value for Authorized Purchaser. Some or all of the following factors Price Agreement # 1652 22 Gee Automotive Portland V1I, LLC (dba Ron Tonkin Chrysler Jeep Dodge Ram Fiat) may be used in the Authorized Purchaser's determination of best value (additional factors not listed may also be used) : • Applicable discounts and incremental pricing options; • Shipping costs; • Manufacture timelines; • Delivery process; • Maintenance and repair service levels; • Applicable warranties; • Contractor's past performance record through reference checks; • Contractor's service area; • Price comparison • Life cycle costing including expected life, salvage value and discounted total cost of ownership. iii. Negotiate with one or more Contractors to gain the best value for the desired Goods and services. iv. Authorized Purchasers may make award decisions based on price alone, or may also take value and technical and past performance considerations into account. c) Document Authorized Purchasers procurement files describing the process, considerations, findings, and decisions used for determining the Contractor selected through the Best Value Analysis. 3.3 DELIVERY CHARGES: For all orders, FOB destination delivery costs up to 60 miles from dealership shall be paid by the Contractor. Additional delivery charges for delivery beyond 60 miles must be based on delivery cost outlined in Exhibit A. 3.4 ADVANCE PAYMENT PROHIBITED: No advance payment shall be made for the Goods or services furnished by Contractor pursuant to this Contract. 3.5 NOTICE OF ORDER SHORTAGES: Contractor shall notify Authorized Purchaser within twenty-four (24) hours of receiving notice that ordered Goods or services will not be available for shipment or scheduling on the scheduled delivery day. This includes a notice to Authorized Purchaser whenever a particular Good will be short -shipped. Notice of unavailability for services or projected short -shipment of Goods will not eliminate Authorized Purchaser's right to pursue all available remedies. 3.6 UNAUTHORIZED WORK: Goods or services provided without or prior to receipt of written authority (i.e. without a Purchase Order duly issued under the Price Agreement) will be considered unauthorized and may not be paid for by Authorized Purchaser. 3.7 PRICE QUOTES: Contractor price quotes will be considered a firm offer (or maximum price) for a set time period of 90 days after issuance. Upon any negotiations with an Authorized Purchaser, Contractor will update the quote, or provide a new "not -to -exceed" final price quote for desired Goods and Services prior to Authorized Purchaser placing an order. Price Quotes must Price Agreement # 1652 23 Gee Automotive Portland VII, LLC (dba Ron Tonkin Chrysler Jeep Dodge Ram Fiat) include all costs, including but not limited to, additional options, taxes (including privilege tax and corporate activity or vehicle use tax for State of Oregon), fees, and delivery and registration costs. Section 4 - Signature of Contractor's Duly Authorized Representative 4.1 The undersigned represents: (a) Signee is a duly authorized representative of Contractor, has been authorized by Contractor to make all representations, attestations, and certifications contained in this Agreement and to execute this Agreement on behalf of Contractor; (b) Contractor is bound by and will comply with all requirements, specifications, and terms contained in this Agreement; (c) Contractor will furnish the Goods in accordance with Contracts under this Agreement; and (d) Contractor shall furnish federal identification number or social security number under a separate document. (e) All Contractor affirmations contained in its bid or proposal related to this Agreement are true and correct. (f) Contractor has not discriminated against and will not discriminate against minority, women or emerging small business enterprises certified under ORS 200.055 or against a business enterprise that is owned or controlled by or that employs a disabled veteran as defined in ORS 408.225 in obtaining any required subcontracts, and that Contractor is not in violation of any nondiscrimination laws. (g) Contractor has a written policy and practice that meets the requirements, described in ORS279A.112, of preventing sexual harassment, sexual assault, and discriminating against employees who are members of a protected class. Contractor agrees, as a material term of the Price Agreement, to maintain the policy and practiced in force during the entire Price Agreement term. (h) Contractor has no undisclosed liquidated and delinquent debt owed to the State or any department or agency of the State. (i) Contractor shall comply with ORS 652.220 and shall not unlawfully discriminate against any of Contractor's employees in the payment of wages or other compensation for work of comparable character on the basis of an employee's membership in a protected class. "Protected class" means a group of persons distinguished by race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability or age. Contractor's compliance with this Section constitutes a material element of this Price Agreement and a failure to comply constitutes a default that entitles Agency to terminate this Price Agreement for cause. (j) Contractor may not prohibit any of Contractor's employees from discussing the employee's rate of wage, salary, benefits, or other Price Agreement # 1652 24 Gee Automotive Portland VII, LLC (dba Ron Tonkin Chrysler Jeep Dodge Ram Fiat) Agreed: Contractor's Name: Gee Automotive P rt . d II, LLC (dba Ron Tonkin Chrysler Jeep Dodge Ram Fiat) Authorized Signature: Printed Name of Authorized Signature: Baggs Title of Authorized Signature: Fleet Manager Date: 04/27/2021 Contractor Administrative Contact (also referred to as Contract Administrator): Name Address Telephone E-mail Chuck Baggy 16800 SE McLoughlin Blvd, Milwaukle, Or 97267 503-258-5800 ext 4950 or 503-781-8128/ce1l cbaggs@ tonkin,corn Price Agreement # 1652 25 Gee Automotive Portland VII, LLC (dba Ron Tonkin Chrysler Jeep Dodge Ram Fiat) Section 5 - Signature of DAS PS Agreed: Darwin Kumpu1a Digitally signed b08:10:nKumpula 07'00' Authorized Signature: Date: 2021.04.2808:10:19-07'00' Date: 28 April 2021 DAS PS Contract Administrator (Type or Print): Name Brent Lutz Address 1225 SE Ferry Street, Salem, OR 97301 Telephone (971) 719-3436 E-mail brent.l.lutzCa oregon.gov Legal Review: Approved pursuant to ORS 291.047 Approved by Marc S. Bocci, Senior Assistant Attorney General Per email dated March 23, 2021 Price Agreement # 1652 26 Gee Automotive Portland VII, LLC (dba Ron Tonkin Chrysler Jeep Dodge Ram Fiat) Price Agreement # 1652 Gee Automotive Portland VII, LLC (dba Ron Tonkin Chrysler Jeep Dodge Ram Fiat) Exhibit B o .r o G STATE OF OREGON PURCHASE ORDER (PO)NO. PAGE # Authorized Purchaser's Authorized Representative Purchase Order Date Requisition No. Contractor Name and Address Authorized Purchaser's Invoicing Address Contractor FEIN Price Agreement number Authorized Purchaser's Authorized Representative Email Address Deliver to Address Authorized Purchaser's Authorized Representative Phone and Fax Number Delivery Schedule or Delivery Date Item Description Quantity U/M Unit Price Net Price Sub Total Freight Total This Purchase Order, in addition to any exhibits or addenda attached, is placed against State of Oregon Solicitation # DASPS-2295-20 and Price Agreement #1652. The terms and conditions contained in the Price Agreement apply to this purchase and take precedence over all other conflicting terms and conditions, express or implied. There are no understandings, agreements or representations, oral or written, not specified herein. Agency's Authorized Representative to Make Purchase Date Exhibit C INSURANCE REQUIREMENTS Contractor shall obtain at Contractor's expense the insurance specified in this Exhibit C prior to performing under this Price Agreement and shall maintain it in full force and at its own expense throughout the duration of this Contract, as required by any extended reporting period or tail coverage requirements, and all warranty periods that apply. Contractor shall obtain the following insurance from insurance companies or entities that are authorized to transact the business of insurance and issue coverage in State and that are acceptable to Agency. Coverage shall be primary and non-contributory with any other insurance and self-insurance, with the exception of Professional Liability and Workers' Compensation. Contractor shall pay for all deductibles, self -insured retention and self-insurance, if any. WORKERS' COMPENSATION & EMPLOYERS' LIABILITY All employers, including Contractor, that employ subject workers, as defined in ORS 656.027, shall comply with ORS 656.017 and provide workers' compensation insurance coverage for those workers, unless they meet the requirement for an exemption under ORS 656.126(2). Contractor shall require and ensure that each of its subcontractors complies with these requirements. If Contractor is a subject employer, as defined in ORS 656.023, Contractor shall also obtain employers' liability insurance coverage with limits not less than $500,000 each accident. If Contractor is an employer subject to any other state's workers' compensation law, Contactor shall provide workers' compensation insurance coverage for its employees as required by applicable workers' compensation laws including employers' liability insurance coverage with limits not less than $500,000 and shall require and ensure that each of its out-of-state subcontractors complies with these requirements. COMMERCIAL GENERAL LIABILITY: ® Required ❑ Not required Commercial General Liability Insurance covering bodily injury and property damage in a form and with coverage that are satisfactory to the State. This insurance shall include personal and advertising injury liability, products and completed operations, contractual liability coverage for the indemnity provided under this contract, and have no limitation of coverage to designated premises, project or operation. Coverage shall be written on an occurrence basis in an amount of not less than $2,000,000 per occurrence. Annual aggregate limit shall not be less than $4,000,000. AUTOMOBILE LIABILITY INSURANCE: ® Required Not required Automobile Liability Insurance covering Contractor's business use including coverage for all owned, non -owned, or hired vehicles with a combined single limit of not less than $2,000,000 for bodily injury and property damage. This coverage may be written in combination with the Commercial General Liability Insurance (with separate limits for Commercial General Liability and Automobile Liability). Use of personal automobile liability insurance coverage may be acceptable if evidence that the policy includes a business use endorsement is provided. EXCESS/UMBRELLA INSURANCE: A combination of primary and excess/umbrella insurance may be used to meet the required limits of insurance. ADDITIONAL INSURED: All liability insurance, except for Workers' Compensation, Professional Liability, and Network Security and Privacy Liability (if applicable), required under this Price Agreement must include an additional insured endorsement specifying the State of Oregon, its officers, employees and agents as Additional Insureds, including additional insured status with respect to liability arising out of ongoing operations and completed operations, but only with respect to Contractor's activities to be performed under this Contract. Coverage shall be primary and non-contributory with any other insurance and self-insurance. The Additional Insured endorsement with respect to liability arising out of your ongoing operations must be on ISO Form CG 2010 07 04 or equivalent and the Additional Insured endorsement with respect to completed operations must be on ISO form CG 20 37 0413 or equivalent. WAIVER OF SUBROGATION: Contractor shall waive rights of subrogation which Contractor or any insurer of Contractor may acquire against the Agency or State of Oregon by virtue of the payment of any loss. Contractor will obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Agency has received a waiver of subrogation endorsement from the Contractor or the Contractor's insurer(s). TAIL COVERAGE: If any of the required insurance is on a claims made basis and does not include an extended reporting period of at least 24 months, Contractor shall maintain either tail coverage or continuous claims made liability coverage, provided the effective date of the continuous claims made coverage is on or before the effective date of this Contract, for a minimum of 24 months following the later of (i) Contractor's completion and Agency's acceptance of all Services required under this Contract, or, (ii) Agency or Contractor termination of contract, or, iii) The expiration of all warranty periods provided under this Contract. CERTIFICATE(S) AND PROOF OF INSURANCE: Contractor shall provide to Agency Certificates) of Insurance for all required insurance before delivering any Goods and performing any Services required under this Contract. The Certificate(s) shall list the State of Oregon, its officers, employees and agents as a Certificate holder and as an endorsed Additional Insured. The Certificate(s) shall also include all required endorsements or copies of the applicable policy language effecting coverage required by this contract. If excess/umbrella insurance is used to meet the minimum insurance requirement, the Certificate of Insurance must include a list of all policies that fall under the excess/umbrella insurance. As proof of insurance Agency has the right to request copies of insurance policies and endorsements relating to the insurance requirements in this Contract. NOTICE OF CHANGE OR CANCELLATION: The Contractor or its insurer must provide at least 30 days' written notice to Agency before cancellation of, material change to, potential exhaustion of aggregate limits of, or non -renewal of the required insurance coverage(s). INSURANCE REQUIREMENT REVIEW: Contractor agrees to periodic review of insurance requirements by Agency under this agreement and to provide updated requirements as mutually agreed upon by Contractor and Agency. STATE ACCEPTANCE: All insurance providers are subject to Agency acceptance. If requested by Agency, Contractor shall provide complete copies of insurance policies, endorsements, self-insurance documents and related insurance documents to Agency's representatives responsible for verification of the insurance coverages required under this Exhibit C. Exhibit D SPECIFICATIONS 1. GENERAL PROVISIONS: 1.1 SILENCE OF SPECIFICATIONS: The apparent silence of the specifications as to any detail, or the apparent omission of a detailed description concerning any point, shall be interpreted as requiring that Contractor shall perform to only the best commercial practice and that Contractor shall supply and incorporate into Goods only materials and workmanship of first quality. However, if any omitted specification results in ambiguity as to material characteristics of the Goods, and inclusion is necessary to enable a reasonable person in the particular industry to properly identify such characteristics, and Contractor failed to seek a formal request for change during the solicitation process for the Agreement, then Contractor shall be required to provide Goods meeting the Authorized Purchaser's needs with regard to any omitted specification. 1.2 ADHERENCE TO THE SPECIFICATIONS: Deviations from specifications discovered after purchase shall be corrected by Contractor at no cost to the Authorized Purchaser. 2. SPECIFICATIONS: Specifications below provide a minimum requirement. 2.1 All Base Model Vehicles must include all OEM standard features, equipment, and components, Manufacturer or Dealer installed according to the Manufacturer's standard procedures, requirements, and specifications. All Vehicle Base Models must include two (2) sets of keys and all user manuals. 2.2 Additional equipment packages, factory installed options and aftermarket options may also be offered. Cab and Chassis optional Body Upfit may also be offered. Contractor shall provide all sub -contractors for Body Upfits to DAS PS. 2.3 All required installation services must be completed by the manufacturer or a manufacturer authorized installer and Contractor must certify completed vehicle conforms to all Federal Motor Vehicle Safety Standards ("FMVSS") and all body modifications must have National Highway Traffic Safety Administration ("NHTSA") certification. 2.4 Unless otherwise DAS PS approved, all Vehicles must be no older than 1 year beyond the current Manufacturer's model year, new and unused, free of damage, rust and other defects that may affect appearance or serviceability. 2.5 All Vehicles must comply with all federal and State laws, requirements, and regulations applicable to the type and class of Vehicles and contractual services. This includes, but is not limited to, FMVSS, Occupational Safety and Health Administration ("OSHA"), Environmental Protection Agency ("EPA") Standards, and State laws, requirements, and regulations. In addition, if any applicable federal or State legislation becomes effective during the term of the Contract regarding the Goods and related services, including but not limited to requirements concerning specifications and safety, and environmental requirements, those requirements shall immediately become a part of the Agreement and each Contract The Contractor shall meet or exceed any such requirements of the laws and regulations. If an apparent conflict exists, the Contractor shall contact the Contract Administrator immediately. 2.6 Vehicles must not contain Dealer's advertising or identification (name, logos, etc.) including all Base Equipment; OEM Options, Accessories, & Implements; OEM & Replacement Parts; and their components. Manufacturer's advertising or identification (name, model, logos, etc.) will be permitted on the respective Vehicles if such advertising or identification is a Manufacturer's standard on the specific Vehicle. 2.7 Acceptable Vehicle fuel and alternative fuel options include gasoline (E-10), diesel, bio-diesel, natural gas (compressed or liquefied), ethanol flex fuel (E-85), liquefied petroleum gas, Hydrogen Fuel Cell Electric Hybrid, Plug-in Hybrid Electric and Plug-in Electric Vehicle. Additional fuel options may be accepted upon DAS PS approval. ;,Ptt. Contract Entry [Production] f n Vg) ( Back Search , Browse Acid Delete Print Display POF Save Excel Word Email Schedule Attach • Reminder Comments Release Aleit Contract Contract * 42200298 4,1 Method * Encumbered Accounts Line Items * ' None • Customer * Vendor * 23791 ... RON TONKIN DODGE INC Address o !e! To Be Rolled Hold Payments Require PO for Payment Standing Status > Original REJECTED Change Order NONE MAIN RETAINAGE USER DEFINED ACCOUNTS SUBCONTRACTORS INSURANCE Main Information Dates Dept/Loc Bid/RFP Requsition Year/Number Project Description Year* Type * Subtype Review code Percent complete Administrator PeterM Workflow None 1729 SO AUTOMOTIVE & COMMUNICATIONS Estimated start • 0 Estimated completion Bid awarded Approved (6)Ram 1500 SSV trucks and (5) Chargers for patrol 1=1 Initial expiration 2022 Period 12 Renewal action MATR , Extended through Days Original Modified Revised o.00 as of 34 Peter Martin • Notification Percentage 0.00 Totals Addition Original : 243.466.44 Open Req 0.00 0.00 % Requisitions (0) Milestone: Revised 243,466.44 ' Open PO 0.00 0.00 % Purchase Orders (0) Performan Liquidated amt , 0.00 Expended o.00 0.00 % Invoices (0) ' CI Term Encumb balance 243,466.44 Available 243,466.44 100.00 % Workflow MyApprovals Approve Rejeq. Forward Hold prs << < 1 of 1 > » E ct ItJ + € . x 411+ [fit 0 tt, (5) b, Back Search Browse Add Update Delete Print Display PDF Save Excel Word Email Schedule Attach Contract Contract* 42200315 Method * Encumbered Accounts Line Items * None Customer * Vendor * 23791 RON TONKIN DODGE INC Address To Be Rolled . Hold Payments Require PO for Payment MAIN RETAINAGE USER DEFINED ACCOUNTS SUBCONTRACTORS INSURANCE Main Information Dept/Loc * 1729 SO AUTOMOTIVE & COMMUNICATIONS Bid/RFP • b Requsition Year/Number / Project Description 2022 DodgeDurango's for Patrol and Jail Transport Year * 2023 Period Type " MATR Subtype Review code Percent complete 0.00 as of Administrator PeterM --- Peter Martin Workflow None . Notification Percentage Standing c Reminder Comments Alert Status » Original RELEASED Change Order NONE 0.00 Dates Estimated start Estimated completion Bid awarded Approved d Initial expiration Renewal action Extended through Days Original Modified Revised • Totals Addition Original 504,181.00 Open Req 0.00 000 % Requisitions (0) Milestone: Revised 504,181.00 Open PO 0.00 0.00 % Purchase Orders (0) Performan Liquidated amt 0.00 Expended 0.00 0.00 % Invoices (0) In Term Encumb balance 504,181.00 Available 504,181.00 100.00 % Workflow My Approvals Approve Reject Forward Hold Approvers K < 1of1 > » Vehicle # Description Purchase amount Ordered Dealer Contract # 22-20 Patrol- 2021 Ram 1500 $40,577.74 3/10/2021 Tonkin 22-21 Patrol- 2021 Ram 1500 $40,577.74 3/10/2021 Tonkin 22-22 Patrol- 2021 Ram 1500 $40,577.74 3/10/2021 Tonkin 22-23 Patrol- 2021 Ram 1500 $40,577.74 3/10/2021 Tonkin 22-24 Patrol- 2021 Ram 1500 $40,577.74 3/10/2021 Tonkin 23-20 Patrol- 2021 Ram 1500- K9 $40,577.74 11/30/2021 Tonkin 23-21 Patrol- 2021 Ram 1500- K9 $40,577.74 11/30/2021 Tonkin 42200298 23-22 Patrol- 2021 Ram 1500 $40,577.74 11/30/2021 Tonkin 42200298 23-23 Patrol- 2021 Ram 1500 $40,577.74 11/30/2021 Tonkin 42200298 23-24 Patrol- 2021 Ram 1500 $40,577.74 11/30/2021 Tonkin 42200298 23-25 Patrol- 2021 Ram 1500 $40,577.74 11/30/2021 Tonkin 42200298 23-26 Patrol- 2021 Ram 1500 $40,577.74 11/30/2021 Tonkin 42200298 23-13 Patrol- 2021 Charger $35,529.61 11/30/2021 Tonkin 23-14 Patrol- 2021 Charger $35,529.61 11/30/2021 Tonkin 23-15 Patrol- 2021 Charger $35,529.61 11/30/2021 Tonkin 42200298 23-16 Patrol- 2021 Charger $35,529.61 11/30/2021 Tonkin 42200298 23-17 Patrol- 2021 Charger $35,529.61 11/30/2021 Tonkin 42200298 23-18 Patrol- 2021 Charger $35,529.61 11/30/2021 Tonkin 42200298 23-19 Patrol- 2021 Charger $35,529.61 11/30/2021 Tonkin 42200298 Vehicles already paid for Vehicles on contract #42200298 $421,114.49 23-01 Patrol- 2021 Durango $38,822.00 12/2/2021 Tonkin 42200315 23-02 Patrol- 2021 Durango $38,822.00 12/2/2021 Tonkin 42200315 23-03 Patrol- 2021 Durango $38,822.00 12/2/2021 Tonkin 42200315 23-04 Patrol- 2021 Durango $38,822.00 12/2/2021 Tonkin 42200315 23-05 Patrol- 2021 Durango $38,822.00 12/2/2021 Tonkin 42200315 23-06 Patrol- 2021 Durango $38,822.00 12/2/2021 Tonkin 42200315 23-07 Patrol- 2021 Durango $38,822.00 12/2/2021 Tonkin 42200315 23-08 Patrol- 2021 Durango $38,822.00 12/2/2021 Tonkin 42200315 23-09 Patrol- 2021 Durango $38,822.00 12/2/2021 Tonkin 42200315 23-10 Patrol- 2021 Durango $38,822.00 12/2/2021 Tonkin 42200315 23-11 Patrol- 2021 Durango $38,822.00 12/2/2021 Tonkin 42200315 23-12 Patrol-2021 Durango $38,822.00 12/2/2021 Tonkin 42200315 23-30 Jail Transports- Durango $38,317.00 12/2/2021 Tonkin 42200315 $504,181.00 $243,466.44 $177,648.05 (6) 2022 Ram 1500 trucks Each: $40,577.74 Subtotal: $243,466.44 (5) 2022 Dodge Chargers Each: $35,529.61 Subtotal: $177,648.05 Total: $421,114.49 Vehicle # Description Purchase amount Budget amount Ordered Dealer Contract # 23-01 Patrol- 2021 Durango $38,822.00 12/2/2021 Tonkin 42200315 23-02 Patrol- 2021 Durango $38,822.00 12/2/2021 Tonkin 42200315 23-03 Patrol- 2021 Durango $38,822.00 12/2/2021 Tonkin 42200315 23-04 Patrol- 2021 Durango $38,822.00 12/2/2021 Tonkin 42200315 23-05 Patrol- 2021 Durango $38,822.00 12/2/2021 Tonkin 42200315 23-06 Patrol- 2021 Durango $38,822.00 12/2/2021 Tonkin 42200315 23-07 Patrol- 2021 Durango $38,822.00 12/2/2021 Tonkin 42200315 23-08 Patrol- 2021 Durango $38,822.00 12/2/2021 Tonkin 42200315 23-09 Patrol- 2021 Durango $38,822.00 12/2/2021 Tonkin 42200315 23-10 Patrol- 2021 Durango $38,822.00 12/2/2021 Tonkin 42200315 23-11 Patrol- 2021 Durango $38,822.00 12/2/2021 Tonkin 42200315 23-12 Patrol- 2021 Durango $38,822.00 12/2/2021 Tonkin 42200315 23-13 Patrol- 2021 Charger $35,350.00 11/30/2021 Tonkin 42200298 23-14 Patrol- 2021 Charger $35,350.00 11/30/2021 Tonkin 42200298 23-15 Patrol- 2021 Charger $35,350.00 11/30/2021 Tonkin 42200298 23-16 Patrol- 2021 Charger $35,350.00 11/30/2021 Tonkin 42200298 23-17 Patrol- 2021 Charger $35,350.00 11/30/2021 Tonkin 42200298 23-18 Patrol- 2021 Charger $35,350.00 11/30/2021 Tonkin 42200298 23-19 Patrol- 2021 Charger $35,350.00 11/30/2021 Tonkin 42200298 23-20 Patrol- 2021 Ram 1500- K9 $40,578.00 11/30/2021 Tonkin 42200298 23-21 Patrol- 2021 Ram 1500- K9 $40,578.00 11/30/2021 Tonkin 42200298 23-22 Patrol- 2021 Ram 1500 $40,578.00 11/30/2021 Tonkin 42200298 23-23 Patrol- 2021 Ram 1500 $40,578.00 11/30/2021 Tonkin 42200298 23-24 Patrol- 2021 Ram 1500 $40,578.00 11/30/2021 Tonkin 42200298 23-25 Patrol- 2021 Ram 1500 $40,578.00 11/30/2021 Tonkin 42200298 23-26 Patrol- 2021 Ram 1500 $40,578.00 11/30/2021 Tonkin 42200298 23-27 SAR- Ford F250 diesel $47,777.30 11/9/2021 Kendall Ford 42200141 23-28 Detectives- 2022 Ford Transit 23-29 Detectives- 2022 Ford F150 $38,982.42 11/9/2021 Kendall Ford 42200141 23-30 Jail Transports- Durango $38,317.00 12/2/2021 Tonkin 42200315 23-31 Automotive- Travel Durango $35,661.00 Tonkin 23-32 Forensics/CNT Command $50,000.00 23-33 2023 Terradyne Gurkha $363,900.00 $82416/yr Lease vehicle RON TONKIN CJDRF 16800 S E MCLOUGHLIN BLVD MILWAUKIE, OR 972674956 r Configuration Preview Date Printed: 2021-11-19 7:24 PM VIN: Quantity: 1 Estimated Ship Date: VON: Status: BA - Pending order FAN 1: FAN 2: Client Code: Bid Number: Sold to: Ship to: PO Number. RON TONKIN CJORF (60706) RON TONKIN CJDRF (60706) 16800 S E MCLOUGHLIN BLVD 16800 S E MCLOUGHLIN BLVD MILWAUKIE, OR 972674956 MILWAUKIE, OR 972674956 Vehicle: 2022 (LDEE48) Sales Code Description MSRP(USD) FWP(USD) Model: LDEE48 CHARGER AOLICE'AWD 38,655 37,759 Package: 29A Customer Preferred Package 29A 0 0 ERB 3.6L V6 24V VVT Engine 0 0 DFT 8-Spd Auto 850RE Trans (Make) 0 0 Paint/Seat/Trim: PX8 Pitch Black Clear Coat 0 0 APA Monotone Paint 0 0 *C8 HD Cloth Bucket & Rear Bench Seats 0 0 -X9 Black 0 0 Options: AHM Convenience Group I 480 432 AWC Fleet Safety Group 350 316 CKD Floor Carpet 125 113 GXQ Additional Non -Key Alike Fobs 150 136 LNF Black Left Spot Lamp 210 189 5N6 Easy Order 0 0 4FM Fleet Option Editor 0 0 4FT Fleet Sales Order 0 0 170 Zone 70-Phoenix Arizona 0 0 4EA Sold Vehicle 0 0 Non Equipment: 4WA Misc Commercial Account 0 0 Discounts: YGF 8 Additional Gallons of Gas 0 18 Destination Fees: 1,495 1,495 Total Price: 41 4R5 4n 4R 2022 DODGE POLICE CHARGER AWD AS CONFIGURED: $35,212.00 CA/PRIVILEGE TAX: $318.00 TOTAL: $35,.00 35,636.00 Per State Contract # 1652. Delivery Provided either to Salem or Bend. RON TONKIN CJDRF 16800 S E MCLOUGHLIN BLVD MILWAUKIE, OR 972674956 Date Printed: Estimated Ship Date: 2021-11-19 7:45 PM VIN: VON: Sold to: RON TONKIN CJDRF (60706) 16800 S E MCLOUGHLIN BLVD MILWAUKIE, OR 972674956 Vehicle: Model: Package: PainiSeatlTrim: Options: Non Equipment: Discounts: Destination Fees: Sales Code DS6T98 260 EZH DFK PXJ APA *D7 -X8 XHC NFX GFA DSA GPG CKE OMH XB9 ADB AED XAP 5N6 4FM 4FT 170 4EA 4WA YGE Configuration Preview Ship to: RON TONKIN CJDRF (60706) 16800 S E MCLOUGHLIN BLVD MILWAUKIE, OR 972674956 Quantity: Status: FAN 1: FAN 2: Client Code: Bid Number. PO Number: 2022 1500 SSV CREW CAB 4X4 (DS6T96) Description 1500 SSV CREW CAB 4X4 Customer Preferred Package 26D 5.71. V8 HEMI MOS VVT Engine 8-Spd Auto 8HP70 Trans (buy -US) Diamond Black Crystal P/C Monotone Paint Cloth Front Bench / Vinyl Rear Seat Black/Diesel Gray Trailer Brake Control 32 Gallon Fuel Tank Rear Window Defroster Anti -Spin Differential Rear Axle Power Black Trailer Tow Mirrors Carpet Floor Covering 3.92 Rear Axle Ratio RamBox Cargo Management System Protection Group Chrome Appearance Group Power Adjustable Pedals Easy Order Fleet Option Editor Fleet Sales Order Zone 70-Phoenix Arizona Sold Vehicle Mlsc Commercial Account 5 Additional Gallons of Gas 1 BA - Pending order • Total Price: MSRP(U.SD) FWP(USD) 43,165 40,576 0 0 0 0 0 0 100 92 0 0 0 0 0 0 295 272 445 409 195 180 495 456 180 165 110 101 95 88 1,295 1,192 395 364 695 640 125 115 0 0 0 0 0 0 0 0 0 0 0 0 0 11 1,795 1,795 4Q 3A.5 46 466 2022 RAM 1500 SSV CREW CAB 4WD AS CONFIGURED: $40,215.00 CA/PRIVILEGE TAX: $363.00 TOTAL: $40,578.00 Per State Contract # 1652. Delivery Included to Deschutes Co Sheriff's office in Bend, Oregon. BOARD OF COMMISSIONERS AGENDA REQUEST & STAFF REPORT MEETING DATE: July 27, 2022 SUBJECT: MOU for Domestic Well Assistance RECOMMENDED MOTION: Move County Administrator Signature of Document #2022-640, An MOU Between Deschutes County and Neighborlmpact for Domestic Well Assistance Grant and Loan Program BACKGROUND AND POLICY IMPLICATIONS: In the most recent legislative session, the state passed SB 5561 which provides funding for housing, drought, cannabis enforcement, and other services/programs. Section 10 of the bill identifies $585,200 to Deschutes County out of the State's General Fund to provide "domestic and community well assistance." Staff has worked with Neighborlmpact on a proposal to transfer the funds to Neighborlmpact's home preservation program. The Board directed staff to work with Neighborlmpact on a draft MOU to transfer the funds and implement a domestic well assistance grant and loan program. Listed below are a key elements from the MOU: 1. Administrative Costs - Neighborlmpact will allocate an amount not to exceed 10% ($58,000) for program administration. (Section 3 of the MOU). 2. Loan Program - $400,200 will be allocated to the loan program. Borrowers must be at or below 100% of the area median income. Borrowers are eligible to borrow up to $50,000. (Exhibit A). 3. Rebate Program - $185,000 will be allocated to the rebate program. Rebates shall not exceed $2,000. Projects that incurred costs beginning on January 1, 2021 are eligible. Costs incurred prior to January 1, 2021 are ineligible. Rebates will be made on a "first come -first served" bases. (Exhibit A). BUDGET IMPACTS: The state has provided the funding for the program. After the Board approves the MOU, staff will return to the Board with a budget adjustment for the State revenue and expenditures associated with the program. ATTENDANCE: Erik Kropp, Deputy County Administrator Neighborlmpact staff BOARD OF COMMISSIONERS AGENDA REQUEST & STAFF REPORT MEETING DATE: July 27, 2022 SUBJECT: Department Performance Measure Updates for Q4 BACKGROUND AND POLICY IMPLICATIONS: At the July 27 Board meeting, departments will provide updates on progress made during Q4 on selected performance measures that fall under the County goal of Service Delivery: Provide solution -oriented service that is cost-effective and efficient. Additional information is available in the attached staff report. A full list of performance measures and outcomes are available at performance.deschutes.org. This new dashboard provides more information about the ways departments and County staff are working to help achieve the Board's goals. BUDGET IMPACTS: None ATTENDANCE: Laura Skundrick, Administrative Analyst Keith Macnamara, Veterans Services Manager Steve Dennison, County Clerk Lee Randall, Facilities Director Kathleen Hinman, Human Resources Director Scot Langton, County Assessor Kevin Furlong, IT Operations Manager Judge Fadeley, Justice CourtJustice of the Peace Date: July 27, 2022 To: Board of County Commissioners From: Laura Skundrick, Administrative Analyst Re: Department Performance Measure Updates for Q4 Departments have completed their Q4 performance measure updates. At the July 27 Board meeting, departments will provide updates on progress made during Q4 on selected performance measures that fall under the County goal of Service Delivery: Provide solution -oriented service that is cost-effective and efficient. Objective: Support and promote Deschutes County Customer Service "Every Time" standards. Department: Veterans Services Performance Measure: See customers within 10 days. Q4 Update: 100% Department: Clerk's Office Performance Measure: Election personnel cost comparison per 1,000 ballots tallied for countywide elections. Cost to remain within 10% of similar -type election. Target: $419 Q4 Update: Personnel costs for the May 17, 2022 Primary Election was $202.00 per 1,000 ballots tallied. Objective: Preserve, expand, and enhance capital assets, to sufficient space for operational needs. Department: Facilities Performance Measure: Refine and expand space planning efforts and capital project execution through facility master planning, capital improvement budgeting, and capital project management. Complete the year-4 update to the Public Safety Campus Master Plan and initiate master planning for the downtown campus. Target: 3 Projects Q4 Update: 2.5 Projects Objective: Maintain strong fiscal practices to support short and long term county needs. Department: Human Resources Performance Measure: Maintain health care cost inflation at or below national average of 5- 7% for self -funded plans. Q4 Update: The DC health plan is running at +22.5% for the most recent months reporting period (Mar -May 2022). The plan continues to run higher than average due to excessive claims in previous months (Dec 21 - Feb 22) and continued increased utilization due to backed up demand from COVID. Prescription cost continue to remain higher than average due to several expensive prescriptions currently being dispensed. This is 4.6% higher than the same period last year. Objective: Ensure quality service delivery through the use of innovative technology and systems. Department: Assessor's Office Performance Measure: Written certification from the Department of Revenue approving the County Assessment Function Assistance (CAFFA) program. Q4 Update: Met Department: Information Technology Performance Measure: Improve cybersecurity profile through the development of an automated networked device asset inventory connected to the employee owner of the asset. Q4 Update: Evaluation of software systems to assist in the tracking of technology assets is under way. Objective: Promote community participation and engagement with County government. Department: Justice Court Performance Measure: 90% resolution of small claim cases before trial. Trials generally result in a lose/lose outcome for all parties involved. Mediation programs and other forms of settlement create a positive end to issues and save hours of court time and associated costs. Q4 Update: 95% Objective: Provide collaborative internal support for County operations. Department: Justice Court Performance Measure: Rate of collections on fines 50% or above within 90 days of judgement. Enforcing payment of fines and fees holds defendents accountable and promotes compliance with traffic laws. Timely collection and distribution of fines and fees supports law enforcement programs and court functions. Q4 Update: 92% BOARD OF COMMISSIONERS AGENDA REQUEST & STAFF REPORT MEETING DATE: July 27, 2022 SUBJECT: Measure 109 / Psilocybin / Time, Place, and Manner Amendments BACKGROUND AND POLICY IMPLICATIONS: Staff seeks Board of County Commissioners' (Board) direction for the Community Development Department (CDD) to: • Develop Time, Place, and Manner (TPM) amendments for psilocybin manufacturers and psilocybin service centers; and if so, • Postpone until winter 2023 implementing either the Mule Deer Winter Range Inventory Update or Senate Bill (SB) 391, Rural Accessory Dwelling Units. BUDGET IMPACTS: None. ATTENDANCE: Peter Gutowsky, CDD Director Tanya Saltzman, Senior Planner COMMUNITY DEVELOPMENT TO: MEMORANDUM Deschutes County Board of Commissioners FROM: Peter Gutowsky, AICP, Director Will Groves, Planning Manager Tanya Saltzman, AICP, Senior Planner DATE: July 20, 2022 SUBJECT: Measure 109 / Psilocybin / Time, Place, and Manner Amendments Staff seeks Board of County Commissioners' (Board) direction for the Community Development Department (CDD) to: • Develop Time, Place, and Manner (TPM) amendments for psilocybin manufacturers and psilocybin service centers; and if so, • Postpone until winter 2023 implementing either the Mule Deer Winter Range Inventory Update or Senate Bill (SB) 391, Rural Accessory Dwelling Units. I. BACKGROUND On July 13, 2022, the Board conducted an afternoon and evening hearing to consider Ordinance No. 2022- 009, Referring a Measure to the Electors to Prohibit Product Manufacturers and Psilocybin Service Center Operators within Unincorporated Deschutes County.' The Board left the written record open until Monday, July 18, at 8:00 a.m. and on July 20, deliberated and adopted a first reading of Ordinance No. 2022-009. Second reading will occur on August 8. Upon second reading, it will be subject to Deschutes County voters for the November 8, 2022 General Election. During deliberation the Board expressed interest in developing TPM amendments in the event voters reject prohibiting psilocybin manufacturing and psilocybin service centers in the unincorporated county. Amendments could be adopted by the end of the calendar year, prior to the Oregon Health Authority (OHA) accepting applications for licensure on January 2, 2023. II. EXISTING ZONING With no Psilocybin TPM regulations in place, existing zoning codes (DCC) would apply to psilocybin starting on January 2, 2023. As shown in Table 1 below, psilocybin production would be permitted 1 https://mccmeetings blob core usgovcloudapi net/deschutes-pubu/MEET-Packet-6f352a4da40540c29c242c177aeb419e.pdf. Action Item #7. outright as a farm or agricultural use in eleven zones. Processing/manufacturing would be limited to three zones: Exclusive Farm Use (EFU), Rural Industrial and a Tumalo Industrial District and be subject to an administrative determination or site plan review. Psilocybin Service Centers would be limited to four zones, subject to a conditional use permit and site plan review. Table 1- Existing Code / Psilocybin Program Use Zoning Code Psilocybin Production EFU Zones DCC 18.16.020 - Farm use is permitted outright. Multiple Use Agriculture DCC 18.32.020 - Agricultural use is permitted outright. Forest Use Zone 1 DCC 18.36.020 - Farm use is permitted outright. Forest Use Zone 2 DCC 18.40.020 - Farm use is permitted outright. Open Space and Conservation Zone DCC 18.48.020 - Farm use is permitted outright. Surface Mining Zone DCC 18.52.030, - Farm use is permitted outright. Rural Residential DCC 18.60.020 - Agricultural use is permitted outright. Rural Service Centers 2 DCC 18.65.020, DCC 18.65.021, and 18.65.022 - Agricultural uses g is permitted outright. Rural Commercial Zones DCC 18.74.020 & 18.74.027- Agricultural use is permitted outright. Urban Area Reserve DCC 19.12.020 - Farm use is permitted outright. Suburban Low Density Residential DCC 19.20.020 - Agriculture is permitted outright. Psilocybin Processing / Manufacturing Exclusive Farm Use Zones DCC 18.16.025 - A facility for the processing of farm crops, is subject to an administrative determination and following standards: • The facility uses less than 10,000 square feet for its processing area and complies with all applicable siting standards. or • Exception: A facility which uses less than 2,500 square feet for its processing area is exempt from any applicable siting standards. Tumalo Industrial District DCC 18.67.060 - Primary processing, packaging, treatment, bulk storage and distribution of agricultural products are permitted uses subject to site plan review. Rural Industrial Zone DCC 18.100.010 - Primary processing, packaging, treatment, bulk storage and distribution of agricultural products are permitted uses, unless located within 600 feet from a residential dwelling, a lot within a platted subdivision, or a residential zone, subject to site plan review. Psilocybin Service Centers4 Rural Service Centers 3 DCC 18.65.020, DCC 18.65.021, and 18.65.022 - Medical clinic is a conditional use. Terrebonne Commercial District DCC 18.66.040 - Medical center in a building or buildings not to exceed 4,000 square feet or a conditional use. Sunriver Commercial District DCC 18.108.050 - Medical clinic is a permitted use subject to site plan review. Sunriver Town Center District DCC 18.108.055 - Medical clinic is a permitted use subject to site plan review. 2 Rural Service Centers include: Brothers, Hampton, Millican, Whistlestop, Wildhunt, and Alfalfa. 3 Rural Commercial Zones include: Deschutes Junction, Deschutes River Store, Pine Forest and Roseland. 4 Psilocybin Service Centers" are not expressly identified in DCC. Applicants would be required to request a similar use authorization. DCC 18.116.010, Authorization of Similar Uses. https://deschutescounty.municipalcodeonline.com/book?type=ordinances#name=18.116.010 Authorization Of Similar Uses 5 See footnote 2. -2- III. PSILOCYBIN TPM AMENDMENTS Developing Psilocybin TPM amendments are not on CDD's FY 2022-23 Work Plan.' CDD recently initiated the Comprehensive Plan Update and a Transportation Growth Management (TGM) grant. The grant updates the Tumalo Community Plan and creates a Sisters Country Trails Plan. Two other high priority projects, the Mule Deer Winter Range Inventory Update and SB 391, Rural Accessory Dwelling Units (ADUs) involve amending the Comprehensive Plan and DCC. While staff has spent significant time coordinating and preparing findings for both, legislative amendments have not yet been initiated. Public hearings are anticipated for this fall. Additionally, long range planning staff continue to provide assistance to the Current Planning Section which is experiencing high volumes of land use applications and open positions. To create capacity for CDD to initiate Psilocybin TPM amendments, the Board will need to postpone implementing either the Mule Deer Winter Range Inventory Update or SB 391 until winter 2023. Initiating Psilocybin TPM amendments requires significant staff time condensed over a five month period as noted below: Table 2 - Psilocybin TPM Schedule Task Timeline' 1. Present regulatory concepts at a Board work session that leads to a preferred alternative August 8 2. Draft amendments and findings August 8 - 24 3. 35-day DLCD Post Acknowledgement Plan Amendment Notice August 25 4. Planning Commission Work Session September 8 5. Planning Commission Public Hearing September 29 6. Planning Commission Deliberation October 13 and 27 if needed 7. Board Work Session November 14 8. Board Hearing November 28 9. Board Deliberation December 5 10. Consideration of First Reading ' December 14 11. Consideration of Second Reading December 28 12. DLCD Notice of Adoption December 28 IV. BOARD DIRECTION Consider directing CDD to: • Develop Psilocybin TPM amendments for psilocybin manufacturers and psilocybin service centers; and if so, • Postpone until winter 2023 implementing either the Mule Deer Winter Range Inventory Update or SB 391; or • Other. 6 https://www.deschutes.org/sites/default/files/fileattachments/community development/page/110/2022- 23 work plan annual report - final.pdf. Pages 35-38. 7 Dates are tentative. -3-