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2022-364-Minutes for Meeting September 07,2022 Recorded 9/23/2022u`'O�JT E S cOG2� BOARD OF COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541) 388-6570 Recorded in Deschutes County C J2022.364 Steve Dennison, County Clerk Commissioners' Journal 09/23/2022 2:17:02 PM C0G-< II'IIIIIII'IIII��IIIII) II II� 2022-364 9:00 AM WEDNESDAY September 7, 2022 FOR RECORDING STAMP ONLY Barnes Sawyer Rooms Live Streamed Video Present were Commissioners Patti Adair, Anthony DeBone, and Phil Chang. Also present were David Doyle, County Counsel, Nick Lelack, County Administrator, Erik Kropp, Deputy County Administrator and (via Zoom) Angie Powers, Administrative Assistant. 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: None • Commissioner Adair reported that China Hat residents reached out to the Board this morning regarding another fire incident at a homeless camp bordering private property which occurred last night. Their concerns about wildfire risk continues to grow. CONSENT AGENDA: Before the Board was Consideration of the Consent Agenda CHANG: Move approval of Consent Agenda BOCC MEETING SEPTEMBER 7, 2022 PAGE 1 OF 12 SECOND: DeBone; Consent agenda item #2 has a spelling error in Bill Gregoricus' last name, staff directed to correct his letter of appointment to the STIF Committee. VOTE: CHANG: YES DEBONE: YES Chair votes YES. Motion carried 1. Consideration of Board Signature of Order No. 2022-047, Appointing Health Services Director's Designees 2. Consideration of Board Signature on letters appointing Bill Gregoricus, Jamie Donahue and Troy Rayburn for service on the Deschutes County Statewide Transportation Improvement Fund Advisory Committee 3. Consideration of Board Signature on letters extending appointments of Andrea Breault, Ken Thorp, Jonathon Bullock, Iman Simmons, Zachary Bass, Andrew Davis, Dan Youmans, Casey Bergh, Jennifer Glover and Matthew Schmitz for service on the Deschutes County Statewide Transportation Improvement Fund Advisory Committee 4. Consideration of Board Signature on Letters of Thanks to Sintha Townsend, Kelsey Rook, Paul Bertanga, Walter McCoin and Derek Hofbauer for service on the Deschutes County Statewide Transportation Improvement Fund Advisory Committee S. Consideration of Board Signature on Letters of Thanks to Tyler Deke, Bill Gregarious, Michelle Furman, Jamie Donahue and Peter Russell for service on the Deschutes County Special Transportation Fund (STF) Advisory Committee 6. Approval of Minutes of the August 22, 2022 BOCC Meeting 7. Approval of Minutes of the August 24, 2022 BOCC Meeting ACTION ITEMS: 8. National Suicide Prevention Awareness Month BOCC MEETING SEPTEMBER 7, 2022 PAGE 2 OF 12 • Caroline Suiter, Mental Health Promotion Strategist and Bethany Kuschel, Deschutes County Suicide Prevention Coordinator, gave a presentation for National Suicide Awareness Month and provided some data, statistics and resources. • There are five key components of the county's suicide prevention program: Training, Technical Assistance, Safe Messaging, Community Coordination and Postvention. • The Deschutes County Crisis Line is free and confidential: 541-322- 7500 Ext. 9 • The Walk -In Deschutes County Stabilization Center is located at 63311 Jamison Street • A number of community events are taking place during National Suicide Awareness Month, and were shared by Bethany in a slide show. • A Proclamation of National Suicide Prevention Awareness Month was read by the Commissioners. The month of September 2022 is designated as National Suicide Prevention month this year and every year thereafter. CHANG: Moved adoption of Proclamation SECOND: DEBONE VOTE: CHANG: YES DEBONE: YES Chair votes YES. Motion carried • Carol Palmer introduced herself. She is a dedicated community member active on the school response team, and has devoted her retirement to suicide prevention, particularly in youth. She commended Jessica Jacks, Deschutes County's Community Health Supervisor, Caroline and Bethany for their powerful actions (Jacks earlier presented Palmer with flowers). A photo was taken with Carol, the Commissioners, and the county's suicide prevention team. 9. Public Hearing: LBNW LLC Plan Amendment and Zone Change • Tarik Rawlings, Associate Planner, presented File #247-21-000881-PA, 882-ZC to the Commissioners, to consider request for a Plan Amendment and Zone Change designation of three properties totaling BOCC MEETING SEPTEMBER 7, 2022 PAGE 3 OF 12 approximately 19.12 acres along Highway 97 (Township -Range -Section 16-12-23). The request by applicant LBNW LLC is for a Plan Amendment from Agricultural (AG) to Rural Industrial (RI) and a Zone Change from Exclusive Farm Use (EFU) to Rural Industrial (RI). There were no objections to the format of the hearing. Commissioners did not have any conflicts of interest to disclose. No parties wished to challenge the Commissioners. No procedural objections to the public hearing. A brief staff report was presented by Tarik Rawlings. The initial hearing was held on April 26, 2022 and resulted in one challenge, by Central Oregon LanclWatch. During the open record period, if any, emails should be submitted to Tarik.Rawlings@deschutes.org and any questions can be directed to Tarik at 541-317-3148. Commissioner Chang asked about the land holdings adjacent to the subject properties. Rural residential borders to the west. East of the property is a canal and two larger exclusive farm use properties which are in farm tax deferral currently (tax lots 300 and 306). Oregon State Park owned property is to the south, and is used as open space and conservation land not currently used as a park. Commissioner Chang recognized that there is an acute need for large lot industrial land in the county, but this subject property is not part of this great need. 30 minutes were allocated for applicant to speak. Ken Katzaroff, Attorney for the applicant, represented LBNW LLC. He referenced the location map slide, showing subject tax lots 301, 305 and 500. In response to an inquiry by Commissioner Chang, Ken said that Rural Residential zoning was not considered as an option, due in large part that soil studies showed that the soils were not suitable for farm use, despite the proximity to the canal. It would be cost -prohibitive to bring in suitable soils for farm use. Testimony lasted approximately 18 minutes. • General public testimony (3 minutes allotted): Rory Isbell, Staff Attorney with Central Oregon LanclWatch (2843 NW Lolo Drive, Suite 200, Bend, OR 97703), testified. He provided exhibits to the Board. He highlighted traffic impacts along Highway 97. Testimony lasted approximately 6 minutes. • Ken Katzaroff had 10 minutes for his rebuttal. Gary A. Kitrow, Certified Soil Scientist, PO BOX 18, Oakland, OR 97462 responded via phone to Central Oregon LanclWatch's testimony. The soils aren't suitable for farm use and it's not economically viable to attempt to rehabilitate the BOCC MEETING SEPTEMBER 7, 2022 PAGE 4 OF 12 land into farm soils. Representing the applicant, Ken requested no open record period, in part since there is no new evidence presented, and the applicant would like to be able to use their property sooner than later to avoid additional legal costs. Tarik reported that the application was complete in October 2021. • Chair Adair closed the hearing (both oral and written record) and set a date for deliberations for two weeks from today (September 21, 2022). 10.Consideration of Board approval and Chair Signature of document #2022-741, a CJ C I M PACTS gra nt • Holly Harris, Program Manager with Behavioral Health, discussed the Oregon Criminal Justice Commission IMPACTS (Improving People's Access to Community -based Treatment) grant. An additional two years of funding would keep the Deschutes County Stabilization Center open, with a large portion going towards personnel staffing. Target population are persons with behavioral health conditions and those who have had multiple encounters with law enforcement and/or incarceration. 17% of the individuals served identify as houseless. 30% of individuals are diverted from the Emergency Room. The Stabilization Center also diverts individuals away from suicide. Commissioner Chang stressed the importance of maintaining long-term reliable funding without having to rely on competitive grant funding. DEBONE: Moved approval and signature SECOND: CHANG: YES VOTE: DEBONE: YES CHANG: YES Chair votes YES. Motion carried 11.Consideration of COHC IMPACTS grant award acceptance • Holly Harris discussed the matching grant provided by COHC, for up to $250,000 ($125,000 for two years). BOCC MEETING SEPTEMBER 7, 2022 PAGE 5 OF 12 CHANG: Moved approval of grant document SECOND: DEBONE VOTE: CHANG: YES DEBONE: YES Chair votes YES. Motion carried DEBONE: Moved approval of authorizing Holly Harris' signature on the grant acceptance SECOND: CHANG VOTE: DEBONE: YES CHANG: YES Chair votes YES. Motion carried 12.Consideration of Board Authorization for Purchase of Caterpillar 950 Loader • Chad Centola, Department Director at Deschutes County Solid Waste, presented a sales order for the purchase of a Caterpillar loader to be used at the Negus Transfer Station in Redmond, for $419,087.14. Commissioner Adair noted the corporate activity tax as a line item on the order. Delivery date is unknown, as supply chain issues may delay. CHANG: Moved approval and signature on order SECOND: DEBONE VOTE: CHANG: YES DEBONE: YES Chair votes YES. Motion carried 13.Secure Rural Schools (SRS) allocations elections between Titles I, II and III • Chris Doty, Road Department Director, presented Resolution 2022- 062, Secure Rural Schools (SRS) allocation elections between Titles I, II and III. Title I funds (75%) roads and (25%) schools, Title II provides BOCC MEETING SEPTEMBER 7, 2022 PAGE 6 OF 12 federal funding on federal land for federal projects and Title III is funding for county projects, such as Firewise Communities, etc. Counties are provided some flexibility in how to allocate funds. • The following allocation is recommended with Resolution 2022-062: 83% Title I, 10% Title II and 7% Title III. Commissioner Chang mentioned the possibility of pursuing Title I I federal funds for use in clean-up efforts in homeless camp areas, as is done in Clackamas County, Oregon. CHANG: Moved approval and signature on Resolution 2022-062 with the following allocation changes: 83% Title I, 10% Title II and 7% Title III. SECOND: DEBONE VOTE: CHANG: YES DEBONE: YES Chair votes YES. Motion carried 14.ARPA Grant Status Update: ReVillage Childcare Expansion • Laura Skundrick, Deschutes County Management Analyst, provided background information and introduced Erica Spaet and Becca Ellis with ReVillage. In FY 2021, Deschutes County was awarded $38.4 million in American Rescue Plan Act funding and in October 2021 the Board approved a $350,000 grant to ReVillage for Childcare Expansion. Erica and Becca provided the Board with an update on projects funded by this award. The affordability and opportunity for parents to be in the classroom is an innovative model provided by ReVillage. ReVillage continues to seek out new ideas, such as looking at a sliding scale payment model. A short recess was taken at 11:34 a.m. Board reconvened at 11:37 a.m. BOCC MEETING SEPTEMBER 7, 2022 PAGE 7 OF 12 15.Senate Bill (SB) 762 - Wildfire Adapted Communities Recommendations Report Kyle Collins, Deschutes County Planning Department, discussed the Wildfire Adapted Communities report and gave a brief presentation. SB 762 was passed to improve wildfire preparedness, focusing on five areas: community information and engagement, safe evacuation and firefighting response, wildfire risk mitigation requirements for areas of new development, recovery planning and areas subject to natural hazards. • DLCD Report includes broad recommendations as identified in the staff report. • It is unclear when a new statewide Wildfire Risk map will be finalized. • Kyle Collins welcomed Commissioners to submit individual responses or a joint response as a Board to any perspectives. Deadline is September 161h at 11:59 p.m. • Commissioner Adair has received input from residents of Deschutes River Woods, voicing their concerns about evacuation routes. She has shared these concerns with Chris Doty at the Road Department. Commissioner Chang has also heard from these residents during the Baker -Knott road interchange construction. The need for alternate egress routes is of utmost importance. • Commissioner DeBone echoed the importance of preparedness and resilience in our community. 16.Consideration of Approval for Road Department Submittal of Safe Streets For All (SS4A) Grant Application for the US20: Fryrear Road Project • Cody Smith, County Engineer with the Road Department, requested approval to submit a federal grant application for the Safe Streets for All (SS4A) grant. Deschutes County has a Transportation Safety Action Plan (TSAP) which was created in 2019. In the TSAP, the top 10 county road sites were identified for safety improvements. US20/Fryrear Road intersection was ranked #3, and no project has yet been implemented at this site. US 20/Ward Road/Hamby Road was #1 and US97/Vandevert Road was #2, and projects have been implemented at both of these sites. BOCC MEETING SEPTEMBER 7, 2022 PAGE 8 OF 12 • The US20/Fryrear Road crash study period was 2012-2016 and revealed 2 fatal/incapacitating injury crashes, 4 non -incapacitating injury crashes, 8 property damage only crashes (14 total crashes). • Project scope of work includes a new left turn lane for eastbound US20, realignment of Fryrear Rd. to eliminate skew at intersection, illumination and an improved right turn/deceleration lane on US20. • Budget: Total project estimate: -$6.2 million. Federal funds request (80%): -$4.9 million, County share (20%) -$1.2 million. • To date, no letters of support have yet been received from our congressional delegation, per Chris Doty. CHANG: Moved approval of grant application submittal SECOND: DEBONE VOTE: CHANG: YES DEBONE: YES Chair votes YES. Motion carried 17.Add On Consideration of Board Approval to Apply for VAWA Grant Funding • Ashley Beatty, Deschutes County District Attorney's Office, Victim Assistance Unit, requested permission to apply for the Violence Against Women Act (VAWA) grant funding. Funding would allow a Victim Advocate to be co -located with law enforcement (Deschutes County Sheriff's Office and Redmond Police Department) to station an advocate in La Pine and Redmond. The three year grant would fully - fund the advocate for three years. A portion of the grant would partner with Saving Grace, in which Trish Meyer would lead a best - case review of services to victims of sexual violence. There is a 25% match requirement, and Ashley is working with a private organization for the 25%. If she's unable to obtain the funds from a private organization (the Roundhouse Foundation), it would require $25,000 over four fiscal years. DEBONE: SECOND: Moved approval of grant application submittal CHANG BOCC MEETING SEPTEMBER 7, 2022 PAGE 9 OF 12 VOTE: DEBONE: YES CHANG: YES Chair votes YES. Motion carried • The second memo presented to the Board is a private donation, in the amount of approximately $100,000 to $115,000 to Victims Assistance from the Roundhouse Foundation. The purpose of this donation is to support the community during a time of healing following the shooting at the Forum Center Safeway. Victims Assistance plans to use the funds for an increased law enforcement presence at area schools, and also to use a third -party company to monitor social media threats of harm. CHANG: Moved approval of acceptance of Roundhouse Foundation funds SECOND: DEBONE VOTE: CHANG: YES DEBONE: YES Chair votes YES. Motion carried The Board adjourned at 12:28 p.m. for lunch recess and reconvened at 1:34 p.m. The regular meeting was adjourned at 1:43 p.m. for Executive Session under ORS 192.662 (2) (e) Real Property Negotiations. • 1W14:�i • County Administrator Nick Lelack spoke about yesterday's interviews with four applicants for the vacant position of Audit Committee member (to serve the remainder of the term, through June 30, 2024). Deschutes County Internal Auditor, David Givans summarized the interviews and panel feedback. The top two candidates are Joe Healy and Lisa Young. Commissioners shared their feedback. Commissioner Adair knows Joe Healy personally from past business association, and spoke to his competence. Commissioner Chang favored Lisa over Joe, BOCC MEETING SEPTEMBER 7, 2022 PAGE 10 OF 12 but thought both candidates were very strong. Commissioner DeBone didn't participate on the interview panels, but reviewed the resumes and agreed that they are both strong candidates. The next quarterly Audit Committee is tomorrow, Thursday September 81". It would be favorable to make an appointment today so they can attend tomorrow's meeting as a spectator. Commissioner DeBone moved approval to appointJoe Healy to the Audit Committee, to complete the currently -vacant term through June 30, 2024 SECOND VOTE: EXECUTIVE SESSION: CHANG DEBONE: YES CHANG: YES Chair votes YES. Motion carried At the time of 12:28 p.m. the Board adjourned the regular meeting for lunch. The Board reconvened at 1:34 p.m. for other business, and adjourned at 1:43 p.m. and went into Executive Session under ORS 192.660 (2) (e) Real Property Negotiations. The Board came out of Executive Session at 3:18 p.m. to direct staff to proceed as directed. Out of executive session to direct staff to remove the properties from auction list at 2:30 p.m. and enter into a trial lease agreement with Mountain View Property Development for Safe Parking Spaces. CHANG: Move approval for the county to remove the two subject properties from the surplus auction list SECOND: ADAIR VOTE: CHANG: YES DEBONE: NO Chair votes YES. Motion carried CHANG: Move Deschutes County enter in to a 90-day trial lease agreement with Mountain View Property Development to be used as Safe Parking spaces. SECOND: ADAIR VOTE: CHANG: YES BOCC MEETING SEPTEMBER 7, 2022 PAGE 11 OF 12 DEBONE: NO Chair votes YES. Motion carried ADJOURN: Being no further items to come before the Board, the meeting was adjourned at 3:18 p.m. DATED this 2 Day of 2022 for the Deschutes County Board of Commissioners. t PATTI ADAIR, HAIR ANTHONY DEBONE, VICE CHAIR ATTEST: REe6RDING SECRETARY BOCC MEETING SEPTEMBER 7, 2022 PAGE 12 OF 12 01 E S CD o`''j G2-A BOARD OF Iwo COMMISSIONERS F BOARD OF COUNTY COMMISSIONERS 9:00 AM, WEDNESDAY, SEPTEMBER 07, 2022 Barnes Sawyer Rooms - Deschutes Services Bldg - 1300 NW Wall St - Bend (541) 388-6570 1 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 Consideration of Board Signature of Order No. 2022-047, Appointing Health Services Director's Designees 2. Consideration of Board Signature on letters appointing Bill Gregarious, Jamie Donahue and Troy Rayburn for service on the Deschutes County Statewide Transportation Improvement Fund Advisory Committee 3. Consideration of Board Signature on letters extending appointments of Andrea Breault, Ken Thorp, Jonathon Bullock, Iman Simmons, Zachary Bass, Andrew Davis, Dan Youmans, Casey Bergh, Jennifer Glover and Matthew Schmitz for service on the Deschutes County Statewide Transportation Improvement Fund Advisory Committee 4. Consideration of Board Signature on Letters of Thanks to Sintha Townsend, Kelsey Rook, Paul Bertanga, Walter McCoin and Derek Hofbauer for service on the Deschutes County Statewide Transportation Improvement Fund Advisory Committee 5. Consideration of Board Signature on Letters of Thanks to Tyler Deke, Bill Gregarious, Michelle Furman, Jamie Donahue and Peter Russell for service on the Deschutes County Special Transportation Fund (STF) Advisory Committee 6. Approval of Minutes of the August 22, 2022 BOCC Meeting 7. Approval of Minutes of the August 24, 2022 BOCC Meeting ACTION ITEMS 8. 9:05 AM National Suicide Prevention Awareness Month 9. 9:10 AM Public Hearing: LBNW LLC Plan Amendment and Zone Change 10. 10:10 AM Consideration of Board approval and Chair Signature of document #2022-741, a CJC IMPACTS grant 11. 10:20 AM Consideration of COHC IMPACTS grant award acceptance 12. 10:25 AM Consideration of Board Authorization for Purchase of Caterpillar 950 Loader September 07, 2022 BOARD OF COUNTY COMMISSIONERS Page 2 of 3 13. 10:35 AM Secure Rural Schools (SRS) allocation elections between Titles I, II and III 14. 10:45 AM ARPA Grant Status Update: ReVillage Childcare Expansion 15. 11:05 AM Senate Bill (SB) 762 - Wildfire Adapted Communities Recommendations Report 16. 11:25 AM Consideration of Approval for Road Department Submittal of Safe Streets For All (SS4A) Grant Application for the US20: Fryrear Road Project 17. 11:40 AM Add On Consideration of Board Approval to Apply for VAWA Grant Funding LUNCH RECESS 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. 18. Executive Session under ORS 192.660(2)(e) - Real Property Negotiations 19. Executive Session under ORS 192.660(2)(e) - Real Property Negotiations ADJOURN Deschutes County encourages persons with disabilities to participate in all programs and activities. This event/location is accessible to people with disabilities. If you need accommodations to make participation possible, please call (541) 617-4747. September 07, 2022 BOARD OF COUNTY COMMISSIONERS Page 3 of 3 MEETING DATE: Wednesday, September 7, 2022 SUBJECT: Public Hearing: LBNW LLC Plan Amendment and Zone Change RECOMMENDED MOTION: Hearings Officer recommends approval of file no. 247-21-00088 1 -PA, 882-ZC pursuant to DCC 22.28.030. BACKGROUND AND POLICY IMPLICATIONS: The Board will conduct a public hearing on September 7, 2022 to consider a request for a Plan Amendment and Zone Change (file no. 247-21-000881-PA, 882-ZC) for a 19.12-acre subject property (comprised of three tax lots) along Highway 97 between Redmond and Bend, submitted by LBNW LLC. BUDGET IMPACTS: None ATTENDANCE: Tarik Rawlings, Associate Planner .� .COMMUNITY DEVELOPMENT MEMORANDUM TO: Deschutes County Board of Commissioners (Board) FROM: Tarik Rawlings, Associate Planner DATE: August 29, 2022 SUBJECT: Public Hearing - LBNW LLC Comprehensive Plan Amendment and Zone Change The Board of County Commissioners (Board) is conducting a public hearing on September 7, 2022 to consider a request for a Plan Amendment and Zone Change (file nos. 247-21-000881-PA, 882-ZC) for approximately 19.12 acres along Highway 97. The subject property consists of three tax lots totaling approximately 19.12 acres. The application includes a request for a Goal 14 Exception as an alternative argument, if determined to be necessary for approval of the Plan Amendment/Zone Change. This will be the second of two required public hearings. I. BACKGROUND The applicant, LBNW LLC, is requesting a Comprehensive Plan Amendment to re -designate the subject properties from Agriculture to Rural Industrial and a corresponding Zone Change to rezone the properties from Exclusive Farm Use (EFU) to Rural Industrial (RI). The applicant's reasoning for the request is that the properties were mistakenly identified as farmland, do not contain high -value soils or other characteristics of high -value farmland, and therefore should be re -designated and rezoned for rural industrial use. The applicant has provided a supplementary soil study that identifies non - high value (Class VII and Vill) soils on a majority of the subject properties. Additionally, the applicant has provided findings within the burden of proof that provide responses to relevant state and local requirements and policies. II. PUBLIC COMMENT Staff received approximately 47 public comments from neighbors, stakeholders, local interest groups and public agencies prior to the April 26, 2022 Hearing's Officer hearing. Most of the comments received were in support of the project, but Staff did receive a number of detailed public comments in opposition to the application. Comments received in opposition expressed concern related to the following factors: 1. Potential loss of agricultural land 2. Compatibility with surrounding properties 3. Validity of the Order 1 soil survey used to demonstrate a lack of agricultural land on the properties 4. The application's compliance with Oregon Statewide Planning Goals 3, 5, 12, and 14 and the application's potential need for goal exceptions 5. Traffic and emergency access impacts. Comments received in support reference the properties' lack of productive soils, the properties' inability to be farmed outside of the poor soil quality, the regional need for industrial -zoned property and uses in rural Deschutes County, the character of the applicants, and improvement of the subject properties since the current owners took over. III. HEARINGS OFFICER RECOMMENDATION The Deschutes County Hearings Officer held a public hearing on April 26, 2022. Not including the applicant's team, one (1) individual representing Central Oregon LandWatch provided testimony during the public testimony portion of the hearing in opposition of the proposal. On July 12, 2022, the Hearings Officer issued a recommendation of approval for the proposed Plan Amendment and Zone Change, denying the oppositional points put forward during the open record period and finding that no goal exceptions to any Oregon Statewide Planning Goals are needed. The Hearings Officer also recommended a condition of approval, related to OAR 660-012-0060 compliance (Division 12, Transportation Planning within state administrative rules) limiting the maximum number of vehicle trips associated with the subject properties: The maximum development on the three subject parcels shall be limited to produce no more than 32 trips in the PM peak hour and/or 279 daily trips as determined by the Institute of Engineers Trip Generation Manual, 11 c" Edition. The County may allow development intensity beyond these maximum number of vehicle trips only if the applicant submits to the County a traffic impact analysis that demonstrates that the proposed intensification of use would be consistent with the Transportation Planning Rule and the Deschutes County Code. Staff notes this condition of approval was acknowledged and deemed sufficient by County planning staff, Oregon Department of Transportation (ODOT), and the applicant, but was opposed by Central Oregon LanclWatch. IV. BOARD CONSIDERATION As the property includes lands designated for agricultural use, Deschutes County Code 22.28.030(C) requires the application to be heard de novo before the Board, regardless of the determination of the Hearings Officer. The record is available for inspection at the Planning Division and at the following link: https://www deschutescounty gov/cd/page/247-21-000881-pa-and-247-21-000882-zc-Ibnw-Ilc- comprehensive _plan-amendment-and-zone-chaoZe. V. NEXT STEPS Page 2 of 3 At the conclusion of the public hearing, the Board can choose one of the following options: • Continue the hearing to a date and time certain; • Close the oral portion of the hearing and leave the written record open to a date and time certain; • Close the hearing and commence deliberations; or • Close the hearing and schedule deliberations for a date and time to be determined. ATTACHMENT: 1. Area Map Page 3 of 3 247-21-000881-PA, 882-ZC L IM E5 TONE AVE 5rt a. 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(10 LANDWATCH September 7, 2022 Filed via hand delivery and email: Tarik.Rativlingv4tieschutes.org Deschutes County Board of County Commissioners c/o: Tarik Rawlings, Associate Planner 1300 NW Wall Street Bend, OR 97703 Re: Application File No. 247-2 1 -0008 I -PA, 882-ZC; LBNW NW Inc. application to rezone 20 acres of agricultural land Dear Chair Adair and Commissioners, Central Oregon LandWatch ("LandWatch") submits these comments in opposition to the above referenced application, which proposes to rezone 19 acres of agricultural land zoned Exclusive Farm Use to the County's Rural Industrial zone. Approving this application would conflict with the Deschutes County Comprehensive Plan, Deschutes County Code, and state law, and we recommend it be denied. L Background This application concerns a 19.12-acre property located along the west side of Highway 97 between Bend and Redmond. Current uses on the property are service and storage of farm equipment, a diesel repair shop, pastureland with water rights, and an irrigation canal. The property is designated Agriculture in the Deschutes County Comprehensive Plan and is zoned Exclusive Farm Use. It has Central Oregon Irrigation District water rights and historically has diverted water from the Pilot Butte Canal which runs through the subject property. The property has a history of agricultural use. In 1978 when considering a similar application from the owner of the subject property to rezone away from farm use, County staff noted: "Much of tax lot 301 West of the canal is currently in irrigated pastureland with Class III soil types. This proposal would remove that land from any agricultural use and create an urban commercial use on the site." Application at Exhibit 1 1 page 10-1 1. Recent aerial imagery in the record shows the raising of a crop on the property's irrigated lands. NDWATCH :v IL Goal 3; the subject property is agricultural land The subject property is agricultural land and is protected for farm use by Oregon statewide land use planning Goal 3. a. Goal 3, OAR 660-033-0020(1)(a), DCC 18.040.030 The property's soils are rated by the NRCS as Class III irrigated and Class VI unirrigated. Under these facts, Goal 3, OAR 660-033-0020(1)(a), and the Deschutes County Code itself (DCC 18.040.030) all define this property as agricultural land protected by Goal 3. The opinions of others, including the Order I soil survey prepared by the applicant's hired soil scientist, are not mentioned in any of these sources of law that define agricultural lands. The NRCS National Soil Survey Handbook itself expressly states that "Order l soil surveys and site -specific data collected are supplements to the official soil survey, but they do not replace or change the official soil survey." ORS 215.211 and OAR 660-033-0030(5 ), which permit certain licensed persons to submit to counties Order 1 soil surveys, do not displace the definition of agricultural land found in Goal 3, OAR 660-033-0020(1)(a), and DCC 18.040.030. Both ORS 215.211 and OAR 660- 033-0030(5) explain how the additional soil information they authorize to be submitted to a county does not change the otherwise applicable process for determining whether land is agricultural land, a process that uses the official NRCS soil survey: "This section authorizes a person to obtain additional information for use in the determination of whether land qualities as agricultural land, but this section does not otherwise affect the process by which a county determines whether land qualities as agricultural land." (ORS 215.211(5)) "This section and OAR 660-033-0045 authorize a person to obtain additional information for use in the determination of whether a lot or parcel qualifies as agricultural land, but do not otherwise affect the process by which a county determines whether land qualifies as agricultural land as defined by Goal 3 and OAR 660-033-0020." (OAR 660-033- 0030(5)(e)) There is nothing in ORS 215.211 that displaces, moots, or otherwise makes inapplicable the definition of agricultural land found in Goal 3, OAR 660-033-0020(1)(a), and DCC 18.040.030. R LANDWATCH Goal 3 and OAR 660-033-0020 reference only the official NRCS soil survey. Finding otherwise reads language into ORS 215.211 that simply does not exist. To the extent the Hearings Officer relied on the decision in Central Oregon LcandWcatch v. Deschutes County (Aceti), _ Or LUBA ( LUBA No. 2016-012, August 10, 2016) to find that the subject property here is not agricultural land, that case was incorrectly decided and should be overturned. The farm uses described in ORS 215.213 and DCC 18.04.030 include many uses that are not tied to the quality of the soils. The application itself, in its Site Traffic Report, states how reasonable it would be to put the property to the farm use agricultural product processing. The application quotes the definition of farm use at DCC 18.04.030 and then applies that definition to the subject property: "As per the code, `farm use' use includes `the preparation, storage and disposal by marketing or otherwise of the products or by-products raised on such land for human or animal use.' It would be reasonable to assume that a small agriculture product processing facility could be established on one or more of the lots. For the purposes of this study, if was assumed that a small operation (say 20,000 square feet, which only 2.4 percent of the total property) could be built as an outright permitted use to process local products such as locally raised honey, or processing lavender for oil, or some combination of processing." (Application at Exhibit 14 page 3 ) LandWatch concurs; it would be reasonable to establish a small agriculture product processing facility on the subject property, which is an outright allowed use under current zoning. There is no reason why the property is not suitable for this farm use. b. The applicant's hired soil study is deficient Further, the applicant's hired soil study is deficient because it deemed the area of the canal as "unsuitable," which artificially increased the denominator in the study's calculation of Class I -VI soils. Figure 1 (below); Application at Exhibit 7 page 17, Exhibit 8 page 19. If the applicant's hired soil scientist had properly excluded the area of the canal from its calculations, it would have found the property to be predominantly comprised of Class I -VI soils. As discussed in greater detail below, the canal traversing the property is a farm use and is thus considered agricultural land. The soil survey is also outright in its bias: "The objective of the inventory is to complete a Plan Amendment Zone Change." Application at Exhibit 7 page 8. N, s As the Hearings Officer noted, no lot of record determination has been made for the subject property. In one of the three soil surveys, even the Applicant's hired soil scientist finds that the largest tax lot (tax lot 301, 15 acres), when the canal area is properly excluded from the calculation, is predominantly (52%) Class I -VI soils. The soils of this tax lot are agricultural land as determined by both the NRCS and the applicant's hired soil scientist. The canal is also agricultural land because its area is rated by the NRCS as Class III with irrigation and Class VI without irrigation. The applicant's hired soil scientist did not analyze the land underlying the canal, so the NRCS ratings for this portion of the subject property are unchallenged. The applicant's hired soil scientist also improperly excludes land underneath certain developed portions of the subject property. Some of this land is also categorically "agricultural land" because it is in "farm use" pursuant to statute: —currently employment' of land for farm use includes [] land under buildings supporting accepted farm practices[.]" ORS 215.203(2)(b)(F). The application describes some of these buildings as "used for farm and other equipment service and storage facilities and related outbuildings," Application at 4, meaning they support accepted farming practices and are in farm use. The soil survey simply categorizes such land as "infrastructure" and deems it "generally unsuited soils" despite the clear statutory language making these agricultural outbuildings a farm use. Figure I (below) (showing 2.47 as ,,infrastructure"). The County has records for two of these buildings, which show the structure on Tax Lot 500 as 2,240 square feet and the stricture on Tax Lot 305 as 7,500 square feet. Exhibits 1 and 2. Together, these buildings cover 9,740 square fee or 0.22 acres. Just like the area of the canal on the subject property, the soil study uses the area of these buildings and other large areas labeled "infrastructure" to artificially inflate the percentage of the property the soil survey deems Class VII-VIII soils and not agricultural land. Figure 1 (below). ------------- jLANDWATCH Order 1 Soil SUi-Ve •,ira srr_ tcr- Ger?(--,. _ S,:,tad >,A: = 8:: ; ac:-> rois; Aces: ' 5.�d Ages Pc�cer:aca:'.i iere0y . 11UiZZLI SN15.3;.1 N —— 1Y'. Figure 1. Applicant's hired soil scientist survey showing 2.47 acres of "infrastructure" and 1..31 acres of "canal" arbitrarily deemed "generally unsuited soils." Without inflating its calculations with the canal, building, and "infrastructure" areas, the soil survey itself finds that the property is agricultural land. c. Profitability is not a relevant factor in Deschutes County The Hearings Officer found that ``[a]n applicant must prove that the land is not suitable for farm use because one cannot employ the subject property with the primary purpose of making a profit from any potential 'agricultural use' of such property." Hearings Officer decision at 30. This finding is at odds with Deschutes County's own definition of "agricultural use" which expressly excludes profitability from its inquiry: "`Agricultural use' means any use of land, whether for profit or not, related to raising, harvesting and selling crops or by the feeding, breeding, management and sale of, or the produce of, livestock, poultry, fur -bearing animals or honeybees or for dairying and the sale of dairy products or any other agricultural or horticultural use or animal husbandry or any combination thereof not specifically covered elsewhere in the applicable zone. Agricultural use includes the preparation and storage of the products raised on such land for human and animal use and disposal by marketing or otherwise. Agricultural use also includes the propagation, cultivation, maintenance and harvesting of aquatic species. Agricultural use does not include the use of land subject to the provisions of ORS chapter 321, except land used exclusively for growing cultured Christmas trees." (DCC 18.04.030) (emphasis added) The statutory definition of farm use at ORS 215.203(2) includes the phrase "or any other agricultural or horticultural use," and Deschutes County defines "agricultural use" to exclude considerations of profitability. An "agricultural use" whether or not for profit is a "farm use" under ORS 215203(2), and land currently employed for farm use is agricultural land. The record shows, via aerial imagery, that the land has been irrigated for pastureland in recent history, which is agricultural use. Figure 2 (below), application at Exhibit I page 1. The subject property is agricultural land. Tax Lot 301- Aeria i Figure 2. Application Exhibit 1 showing irrigated lands in farm use on the subject property. 2 d. The subject property is currently in farm use This property is actively in "farm use" pursuant to ORS 215.203 in at least two ways. The Central Oregon Irrigation District's Pilot Butte Canal runs across the property. The property has water rights from this canal and it has been irrigated and cultivated in recent history, as shown by photos in the record. Figure 2 (above). The subject property is also currently in farm use because it includes "[w]ater impoundments lying in or adjacent to and in common ownership with farm use land." ORS 215.203(2)(b)(G), DCC 18.04.030. The property includes the COLD Pilot Butte Canal. This canal is a water impoundment because it is a "man-made structure which is or may be used to impound water." DCC 18.04.030. "Impound" means "to confine within an enclosure or within limits."' This canal confines water within its limits, and it lies in the boundaries of the subject property, as shown on this aerial photo from Deschutes County's website. Figure 3 (below). 1 https://www.dictionary.com/browse/impound LANDWAIACH E C A %..+.-.+.._ aiai.dusehuted.a+gn- e.,, ,. !AJ;, Add Lavin if Ba.mm�p L./2+S 1!+:Cite'-.1 NI n'.Y O.I.—IP C tv Lnd6 Cc,,P( ...e+,n FTut M f-I FifLd K,I �rt1�G•. on 6-N' Ci Yu:at L..nds '_ais!�RC9 V^�t :G :•+1�] C:rnnv-es an Gw.�+n CCtr )zry Za" �q a �6Gn i ilnry ,ad) t' It 1, n nn� '�' I� In \• i Z.— Figure 3. Aerial photo showing CO1D canal and irrigated acreage on subject property. The subject property is eminently suitable for farm use as defined in ORS 215.203(2)(a) because it is currently employed for the farm use of water impoundment. The application also states that the subject property is "used for farm and other equipment service and storage facilities and related outbuildings," Application at 4, which is another farm use listed in ORS 213.203(2): "'Farm use' includes the on -site construction and maintenance of equipment and facilities used for the activities described in this subsection." Clearly the subject property is suitable for a wide variety of farm uses, including farm use growing hay and pastureland as has occurred in the recent past, faun use for farm equipment and outbuildings, farm use for a farm processing center as explained by the applicant's own consultant, and farm use for water impoundment, and is thereby agricultural land by definition. LANDWATCH lll. Goal 5; the application proposes a new conflicting use with an inventoried Goal 5 resource The subject property contains an inventoried Goal 5 resource: a scenic resource along the Highway 97 corridor. Approving the current application would introduce a new "conflicting use" — industrial use — requiring the application of Goal 5. OAR 660-023-0250(3 ). The Hearings Officer decision erred in finding the proposal is consistent with Goal 5. IV. Goal 12; the application will significantly affect transportation facilities This application will fail to meet the demands of Goal 12 Transportation and its implementing regulations at OAR 660-012-0060. The application concedes that it would degrade the performance of the County's transportation facilities in violation of OAR 660-012- 0060(1). The record shows that a "trip cap" will be inadequate to prevent significant effects to an existing transportation facility. The "trip cap" is not an enforceable, ongoing requirement that would demonstrably limit traffic generation and prevent a significant effect to transportation facility. See further below section VI. DCC 18.136.020; the public interest will not be best served by rezoning the property. V. Goal 14 Approving this application would violate statewide land use planning Goal 14. The proposed new zone — Rural Industrial (RI) — will not ensure that use of the subject property will be limited to rural use. A 2018 amendment to the County's comprehensive plan expanded the application of the RI zone to lands beyond areas where goal exceptions had previously been demonstrated. That 2018 amendment was found by LUBA not to violate Goal 14 on the grounds that in adopting that amendment, the County found that future applicants must independently demonstrate compliance with Goal 14: "[T]he county essentially concluded that because the amendments only amend the DCCP text and do not apply the RI plan designation to any property, the amendments themselves cannot allow urban use of rural land. The findings explain that a future LANDWATCH application for the RI plan designation will be required to demonstrate that the proposed use is consistent with all of the statewide planning goals, including Goal 14." (Central Oregon LandWatch v. Deschutes County, 79 Or LUBA 253 (2019)) Here, the applicant requests the RI plan designation but has not demonstrated compliance with Goal 14 for this property. An exception to Goal 14 must be taken to allow the requested RI zoning, but the property does not qualify for any of the three types of goal exceptions allowed by state law because the land is not "built," is not "irrevocably committed," and there is no adequate "reason" to rezone it. V1. DCC 18.136.020(C); the public interest will not be best served by rezoning the property The County's rezoning criteria at DCC 18.136.020 require that "the public interest is best served by rezoning the property" and lists several factors that must be demonstrated to meet this standard. a. DCC 18.136.020(C); public safety will not be served One of the County's public interest factors is that the rezoning will "presently serve the public health, safety and welfare" considering "[t]he availability and efficiency of providing necessary public services and facilities." DCC 18.136.020(C)(1). The application, even with its proposed "trip cap," would increase the number of dangerous right -in, right -out vehicle trips onto a 65mph state highway by 19 p.m. peak hour trips and 200 daily trips. Hearings Officer decision at 76. Increasing the number of vehicle trips to this rural property, located immediately adjacent to Highway 97, will not "serve the public health, safety and welfare" as required by DCC 18.1 36.020(C). Further, County staff have admitted in the record that the County is unequipped to monitor and enforce a trip cap: "Staff notes that trip caps are notoriously difficult to monitor and enforce. The only regulatory ability the County has is to enforce the type of use allowed on the site and the size of the buildings. The County does not control nor monitor the number of employees used at a business, the number of labor shifts, the start/stop times of those shifts, the number of deliveries to a site, etc. Staff would appreciate the Applicant's ideas on how to create a functioning trip cap and what would be the penalty for violation. Staff has used building size as the best proxy for a trip cap, but there may be other measures." ( Email from Deschutes County Senior Transportation Planner, April 11. 2022) Although staff eventually "agreed" to a trip cap, they do not refute the above statement about feasibility of monitoring and enforcing a trip cap. LandWatch explained to the Hearings Officer that ODOT is currently attempting to improve the safety along this corridor of Highway 97 by reduce the number of right -in, right -out access points, which ODOT identities as significant safety risks. Facilitating an increase in dangerous trips by rezoning the subject property will put the public's safety at risk. DCC 18.136.020(C) is not satisfied. b. DCC 1.8.136.020(D); no change in circumstances or mistake in zoning The Deschutes County Code, at DCC 18.136.020(D), requires that in order to change the zoning of a property, "[t]hat there has been a change in circumstances since the property was last zoned, or a mistake was made in the zoning of the property in question." There has been no change in circumstances since the property was last zoned. The soils and agricultural suitability of the subject property have also not changed since it was planned and zoned for agricultural use by the County. There has further been no mistake in the current EFU zoning of the subject property. The County embarked on legislative efforts in both 2014 and 2019 to establish whether errors exist in its EFU zoning designations, but concluded both times that no such errors exist. In 2015, the County consulted with Jon Andersen, who was a Senior Planner, and later became the Community Development Department Director, when the County developed its first comprehensive plan. Mr. Andersen confirmed that none of the County's agricultural land designations were made in error. Exhibit 3 (January 15, 2015 Deschutes County Community Development Department notes from phone conversation with John Andersen). DLCD also commented to the County at the time that it was "unable to detennine the nature and scope of the mapping error" of agricultural land designations. Exhibit 4 (January 8, 2015 DLCD letter). VI1. DCCP Policy 2.5.24 This comprehensive plan policy is to "Ensure water impacts are reviewed and, if necessary, addressed for significant land uses or developments." The HO erroneously found that "this policy does not apply to the subject applications." HO at 59. Comprehensive plan policies LANDWATCH apply now, when the applicant has applied for the significant land use action of rezoning 20 acres of agricultural land in the County's EFU zone. Further, the water impacts of this application are significant, as the applicant proposes a transfer of water rights from the subject application, apparently for the purpose of reducing the property's agricultural potential. VLLo Conclusion Thank you for your attention to these views. In addition to these comments, we include the comments we submitted to the Hearings Officer, attached here as Exhibits 5 - 7. Please notify us of any decisions or additional opportunities to provide comment in this matter. Regards, U Rory Isbell Staff Attorney and Rural Lands Program Manager Central Oregon LandWatch 2843 NW Lolo Drive, Ste. 200 Bend, OR 97703 (541) 647-2930 x804 Attachments Exhibit 1 Deschutes County Improvement Summary Tax lot 305 Exhibit 2 Deschutes County Improvement Summary Tax lot 500 Exhibit 3 Deschutes County notes from Jon Andersen Exhibit 4 January 8, 2015 DLCD letter Exhibit 5 LandWatch April 26, 2022 comments Exhibit 6 LandWatch May 31, 2022 comments Exhibit 7 LandWatch June 7, 2022 comments BOARD OF • • ' MEETING DATE: Wednesday, September 7, 2022 SUBJECT: ARPA Grant Status Update: ReVillage Childcare Expansion RECOMMENDED MOTION: Informational item BACKGROUND AND POLICY IMPLICATIONS: In FY21, Deschutes County was awarded -$38.4 million in American Rescue Plan Act (ARPA) funds through the Federal Government. On October 20, 2021, the Board of Commissioners approved a $350,000 grant award to ReVillage for Childcare Expansion. During the July 20, 2022 Board meeting, Commissioners requested an update on childcare projects that received ARPA funding. This is the first in the series of childcare project updates. During the September 7 Board meeting, Rev. Erika Spaet will provide the Board with an update on progress made on the ReVillage childcare expansion project. The written update is attached to this memo. BUDGET IMPACTS: None. ATTENDANCE: Rev. Erika Spaet, ReVillage Becca Ellis, ReVillage Laura Skundrick, Management Analyst Dan Emerson, Budget Manager 11 I �\� ,I Community Co-op Childcare Center August 23, 2022 To: Deschutes County Board of Commissioners Re: ReVillage Expansion Status Update To our Board of County Commissioners: Greetings! We are excited to share with you an update on our expansion progress after having been approved for American Rescue Plan Act funds in late 2021. From January through May 2022, the ReVillage board of directors undertook a planning and visioning process to establish next steps toward our goal: establishing four new ReVillage co-op childcare centers in Central Oregon. We were accompanied in this process by a business coach as well as development consultants, in partnership with Central Oregon Intergovernmental Council. The first priority to come out of that process was to shore up the sustainability of our first co-op site in terms of staffing, capital and environmental improvements, and operations. We went through an intentional hiring process to bring in a gifted young leader who now directs our first co-op center at First Presbyterian Church and will lead our second center as well. She has brought needed wisdom to completing the start-up process for this first site so that its operations are replicable— an essential aspect to our expansion. Our second priority has been to apply and be approved for Preschool Promise, a statewide program that contracts with high -quality providers to offer free full-time child care to families who qualify. The process was intensive but absolutely worth our time and resources. Our third priority has been to build relationships with Bend Church United Methodist at 680 NW Bond St. in downtown Bend to move toward the use of their three empty upstairs classrooms. This process has included large capital improvements and remodeling; working with City (Planning and Building) partners to get a change of use permit; contracting with a design professional; negotiating terms with church partners; and planning a strategy for enrollment. At this juncture, we are thrilled to say we plan to open on October 15, 2022, with 20 high -quality, full-time childcare slots for children ages 3-5. Ten of these will be exclusively reserved for Preschool Promise students; the other ten will be reserved for private -pay families. Their rates will remain relatively low, as is our model. (Currently, ReVillage private -pay families are charged $350 per month for full-time care, in addition to the hours they commit to participate in the co-op.) With this new site opening, we will now be able to enroll younger children at our first site, ages 18-35 months, ensuring we are serving a needed demographic in Central Oregon. When the Bend Church site opens, we will have doubled ReVillage's enrollment. Our fourth priority has been shoring up our staffing plans and our hiring protocols. As every single childcare provider in Central Oregon knows, staffing is the largest barrier to providing quality care. Because of this challenge, we were invited to participate in Neighbor Impact's Fast -Track teacher training program —also an ARPA recipient —and have recently welcomed our first teacher trainee onto our team. This requires more intentional supervision and training, but we are proud to have set aside some of our capacity and funding to invest in this process for the sake of our long-term sustainability. This fall, we are expanding our capacity by strategically building our board; revising our policy documents so that they appropriately match our mission and vision; and having strategic meetings with new partners in Sisters and Sunriver. We plan to plant our next co-op sites in these two locations over the next two years. Thank you for your trust and vision. Respectfully submitted, Rev. Erika Spaet, ReVillage Board Co -Chair, thataastorerika0amail.com, 541-566-6064 Rebecca Ellis, ReVillage Board Co -Chair, bellis _bendfp.org, 425-647-9137 • MEETING DATE: Wednesday, September 7, 2022 SUBJECT: Senate Bill (SB) 762 - Wildfire Adapted Communities Recommendations Report BACKGROUND AND POLICY IMPLICATIONS: Staff will provide background and updates to the Board regarding Senate Bill (SB) 762 and the Department of Land Conservation and Development's (DLCD) recommendations for changes to state and local land use planning programs to reduce risk from wildfire in Oregon communities. DLCD compiled these recommendations in a draft report along with background on recent wildfire impacts, on overview of SB 762, the responsibilities of DLCD and other agencies, and a summary of feedback received from a community and stakeholder engagement process. BUDGET IMPACTS: None ATTENDANCE: Kyle Collins, Associate Planner Will Groves, Planning Manager MEMORANDUM TO: Deschutes County Board of Commissioners FROM: Kyle Collins, Associate Planner Will Groves, Planning Manager DATE: August 30, 2022 SUBJECT: Senate Bill (SB) 762 - Wildfire Adapted Communities Recommendations Report In response to Senate Bill (SB) 762, the Department of Land Conservation and Development (DLCD) has undertaken a series of public outreach initiatives and prepared recommendations for changes to state and local land use planning programs to reduce risk from wildfire in Oregon communities. DLCD compiled these recommendations in a draft report along with background on recent wildfire impacts, an overview of SB 762, the responsibilities of DLCD and other agencies, and a summary of feedback received from a community and stakeholder engagement process'. This draft report was made available to the public on August 19, 2022 to solicit feedback from interested parties before a final version is presented to the Oregon Legislature and the state Wildfire Programs Advisory Council (WPAC). Written feedback and recommendations can be provided using DLCD's online comment forme through September 16, 2022 at 11:59 p.m. I. BACKGROUND SB 762 directed 11 state agencies to coordinate efforts to reduce wildfire risks and impacts to Oregonians and the built and natural environment. As one of the state agencies tasked by SB 762, DLCD was directed to prepare recommendations for consideration by the Oregon Legislature and the state WPAC. DLCD's objectives through this process are broadly summarized as follows: • Identifying recommended changes to the statewide land use planning program and local comprehensive plans and zoning codes that are needed to incorporate wildfire risk maps and minimize wildfire risk, including appropriate levels of state and local resources necessary for effective implementation. 1 https://www,oregon.gov/lcd/NH/Documents/20220819 DLCD-Wildfire-Draft-Recommendations-Report-Public-Review.pdf 2 https://www oregon gov/Icd/NH/Pages/WAC-Public-Comment-Form.aspx • Recommended changes may include, but need not be limited to, provisions regarding sufficient defensible space, building codes, safe evacuation, and development considerations in areas of extreme and high wildfire risk, allowing for regional differences. DLCD's recommendations were crafted based on feedback from professionals working in fire protection and other states agencies such as the Oregon Department of Forestry (ODF). Additionally, starting in April 2022, DLCD staff reached out to community members and stakeholders from across Oregon in an engagement and consultation process. DLCD's engagement process included virtual community listening sessions, an online open house and survey, five meetings with a Wildfire Adapted Communities Stakeholder Group, one-on-one interviews with additional stakeholders, direct outreach to community based organizations, and several meetings with representatives from two federally recognized Tribes. Deschutes County was represented by Community Development Department staff as part of the Wildfire Adapted Communities Stakeholder Group. All Wildfire Adapted Communities Stakeholder Group meetings were livestreamed to the public and recordings of these meetings can be viewed on the DLCD wildfire project website3. The DLCD community survey will remain open through September 12, 2022 for any parties wishing to participate'. Final DLCD recommendations are due to the WPAC and Oregon Legislature by October 1, 2022. II. RECOMMENDATION DEVELOPMENT Oregon's comprehensive land use planning program provides a policy framework that supports local implementation of strategies that reduce the risks to people and property. Specifically, Statewide Land Use Planning Goal 7: Areas Subject to Natural Hazards, is the predominant foundation to this framework. Goal 7 requires cities and counties to include planning for natural hazards in their adopted comprehensive land use plans. Based on the state-wide planning framework, DLCD developed seven principles to guide all recommendations included in the report. Those principles are as follows: 1. Protect human life from the growing risks of wildfires. 2. Increase the ability of Oregon communities to withstand and recover from wildfires. 3. Focus on achieving equitable outcomes and increasing community capacity, with greater attention given to historically and currently underserved and under-resourced communities. 4. Protect and increase the resilience of important infrastructure and community assets, particularly those that are critical to survival and recovery. 5. Protect the natural environment on which we all depend and the places where people live, work, and gather. 6. Work with communities to identify regional and local differences for consideration within the context of Statewide Land Use Planning Goals to mitigate wildfire risk. 7. Consider local capacity and state support in the implementation of wildfire mitigation measures. 3 https•//www oreeon gov/lcd/NH/Pages/Wildfire-Adapted-communities.aspx 4 https://www surve my onkey com/r/WildfireadaptedoregQn -2- DLCD has attempted to produce recommendations that both align with the guiding principles and have the highest potential for reducing wildfire risk. The recommendations fall broadly into the following categories: • Community Information and Engagement • Safe Evacuation and Firefighting Response • Wildfire Risk Mitigation Requirements for Areas of New Development • Recovery Planning • Areas Subject to Natural Hazards Within each of these categories, DLCD has generally provided two possible options: 1. A regulatory approach based on formal rulemaking. 2. A voluntary compliance approach based on local implementation efforts. DLCD acknowledges the controversy and challenges inherent in wildfire mitigation programs and states any regulatory approach would need to be based on significant public outreach and community engagement following specific policy direction from the Legislature. All recommendations also include specific strategies that DLCD believes would be necessary or helpful to achieve the stated outcomes. Staff notes that many of these recommendations are general in nature and typically do not contain specific standards that may be implemented at a local level. Additional details on specific standards or regulations would likely be developed at a later stage through community engagement and rulemaking through the Land Conservation and Development Commission (LCDC). At this point, DLCD has not advocated for any specific policy or approach, but has suggested additional feedback and community conversations are crucial before policy decisions are made. However, DLCD does highlight that any approach based on voluntary compliance would likely limit the overall effectiveness as some jurisdictions may not chose to participate. 111. DLCD DRAFT RECOMMENDATIONS Staff has organized DLCD's draft recommendations in the table below. Each recommendation includes staffs broad assessment of possible impacts within Deschutes County should a particular recommendation be followed by the Legislature and state WPAC. The Board should be aware that specific effects on County residents cannot be substantially predicted at this time as no formal directives have been produced by DLCD or other agencies. -3- Table 1: DLCD Wildfire Adapted Communities Recommendations Recommendation Possible County Impacts & Specific Strategies (*May be Regulatory or Voluntary) High: LCDC would undertake rulemaking that directs cities and counties to assess existing transportation networks and amend, as needed, plans, policies, and programs to accomplish the following: • Analyze identified and potential evacuation routes and temporary safe zones for existing conditions, needed improvements, and ongoing maintenance. 1. Cities and counties • Identify areas of the community with limited road access for evacuation and assess and emergency response and identify potential alternative routes. improve . Develop strategies to provide, where possible, secondary access during an transportation emergency for existing development that was developed with a single access. networks for safe . Identify locations where buses may be needed to evacuate those without evacuation and private vehicle access, in consultation with transit agencies and school firefighting districts. response . Provide visible, durable signage for evacuation zones and temporary safe zones. • Identify potential funding sources for improvements, maintenance, developing secondary access routes, and for addressing needs of people without private vehicles. High: LCDC would undertake rulemaking that directs cities and counties to review and amend their comprehensive plans and zoning and land division codes to accomplish the following: • Prioritize street connectivity, or a grid system, for streets and roadways for new neighborhood, subdivision, manufactured and mobile home parks, destination resort development, and commercial centers, where practicable, 2. Cities and counties to provide multiple evacuation route options. review and amend • Review existing requirements to ensure consistency of site access and local land use driveway standards for new development, such as minimum road width, codes for new hydrant placement, maximum grade, and turnarounds, with the 2019 Oregon development to Fire Code: ensure safe o Cities and counties use a variety of approaches to address these evacuation and standards in land use codes, providing flexibility in some cases and efficient access for enforcement concerns in others. firefighting o A new single-family dwelling or structure would not be required to response have more than one access or driveway. • For temporary uses such as special events or outdoor mass gatherings, review and update, as needed, fire protection and ingress and egress standards in consultation with fire protection districts or the State Fire Marshal. • Establish a waiver process where geography, property configuration, lack of legal access, and other factors may prevent certain locations from complying. -4- Recommendation Possible County Impacts & Specific Strategies (*May be Regulatory or Voluntary) High: LCDC would undertake rulemaking that directs cities and counties to review and amend their comprehensive plans, capital improvement plans, public facility plans, and zoning and land division codes, as appropriate, to address new areas of development in the following ways: • Site and Design Standards:' o Design and Approval Standards. Site design and land division approval standards that require clustering of structures in areas of lowest risk, structure spacing standards, density modification, and other types of flexibility for new subdivisions, Planned Unit Developments, manufactured home parks, and commercial development of certain size or scale, such as shopping centers, campuses, destination resorts, and large hotels. o Fire Breaks and Buffers. Requirements for landscape -scale community protection fire breaks and buffers on the perimeter of a development using open space, natural, and built features, where practicable, for subdivision,planned unit development, manufactured home park developments, and commercial development of certain size or scale. This is in addition to any defensible space requirements on individual 3. Cities and .counties .lots. ` o Setbacks and Siting. Setback and home siting standards in forested review and amend areas that account for slope steepness, buffers between structures to comprehensive reduce ignition risk, and setbacks from adjacent forest lands. This is plan policies and an existing requirement for home siting in forest zones and would implement land also apply to new homes in other zones in areas of greatest wildfire use codes to risk. incorporate o Defensible Space. Review and update defensible space standards or wildfire risk references to standards included in land use codes, if applicable, to mitigation ensure alignment with the statewide minimum defensible space code requirements for being developed by the Oregon Office of State Fire Marshall or locally new development adopted defensible space standards selected from the framework set forth in the International Wildland-Urban Interface Code as allowed under SB 762. • Public Facilities: o -Parks and Open Space. Review and amend open space and parks master plans to incorporate policies that address fire breaks, fire mitigation, and long-term maintenance to reduce risk in parks, open spaces, and trail areas. o Provision of Services. At the community planning level, when considering areas for new development, evaluate and plan for the provision of water supply capacity at sufficient pressure and additional provision of fire services needed to protect people and property from wildfires. Consider and address wildfire risk when planning, developing, improving, or replacing public facilities and services. For example, evaluate opportunities to increase the resilience of water, wastewater, and other critical infrastructure, and locate future water, sewer, transportation, and communication facilities outside of areas of greatest wildfire risk whenever possible, especially infrastructure important to recovery. -5- Recommendation Possible County Impacts & Specific Strategies (*May be Regulatory or Voluntary) • Types of Uses:' o Limit siting of facilities with concentrated, vulnerable'' populations, such as schools, hospitals,assisted living facilities, clean air shelters, and prisons, and critical facilities, infrastructure, and community lifelines. Where limiting such facilities is not practical, require additional fire risk mitigation and evacuation measures. o Limit or prohibit new facilities that use or store hazardous combustible materials. Where limiting or prohibiting such facilities is not practical, require adequate fire risk mitigation measures consistent with state and federal requirements. • Density. In areas where increased residential densities or more intensive uses are allowed, consider requiring additional wildfire mitigation. • Waivers. Establish a waiver process, including requirements for additional wildfire mitigation requirements to reduce risk, where geography, property configuration, legal access and other factors may prevent certain locations from complying. A waiver process for cities and counties from state regulation could also be developed in rulemaking. 4. DLCD provides support to cities and counties for Medium: DLCD would develop a programmatic approach to support cities and post -disaster counties after wildfire or other disasters. Funding would directly support the delivery recovery in local of professional services post -disaster by planning consultants and would provide communities DLCD capacity to assist with pre -disaster recovery planning. through recovery planning services 5. DLCD provides support to cities, counties, special Medium: DLCD would provide additional natural hazard mitigation planning technical districts, and assistance to cities, counties, Tribes, and special districts to accomplish the following: Tribes to increase Streamlined community wildfire protection and natural hazards mitigation the effectiveness planning processes that could save financial and staff (local, state, university) of natural hazards planning through resources. • Ensuring that wildfire and natural hazard mitigation action items related to coordination of land use are implemented through actionable Comprehensive Plan policies Community and implementing codes. Wildfire Protection . Better coordination between planning efforts and development of codes and Plan and Natural policies. Hazard Mitigation o For example, model comprehensive plan polices, code, and guidance Plan processes regarding process could also address overlapping hazards and risk and adoption of reduction opportunities, such as floodplains and post fire debris policies and flows. actions into comprehensive plans and codes M Recommendation Possible County Impacts & Specific Strategies (*May be Regulatory or Voluntary) 6 Cities and counties prioritize robust and inclusive community Low: LCDC would undertake'rulemaking to develop comprehensive' community information and engagement strategies for cities and counties to use as they plan processes for engagement in wildfire preparedness, evacuation, adaptation, mitigation, and recovery planning. ff planning eorts to create wildfire adapted communities IV. PENDING ISSUES As relayed to the Board in previous work sessions, SB 762 required Oregon State University (OSU), the Oregon Department of Forestry (ODF), and the Oregon State Fire Marshal to develop and maintain a comprehensive Statewide Map of Wildfire Risk that includes wildland-urban interface (WUI) boundaries and fire risk classifications. This risk map will ultimately guide new wildfire regulations for residential development statewide. The final risk map was initially made available to the public on June 30, 2022. However, based on significant concern from citizens and interest groups through the state, ODF withdrew the initial risk maps to provide more time for additional public outreach and refinement of risk classification methodologies. It is unclear at this time when a new Statewide Map of Wildfire Risk will be finalized and released by ODF. As noted by DLCD within the draft report, DLCD's recommendations do not currently address incorporating risk maps, as the agency is awaiting future iterations of the Statewide Map of Wildfire Risk before making those recommendations. The classification of individual properties within the risk map is likelyto have significant impacts on where and how any land use recommendations associated with wildfire risk mitigation might be implemented if these proposals are pursued by the Oregon Legislature and the state WPAC. V. BOARD CONSIDERATIONS & TIMING As stated above, DLCD has requested feedback on these draft recommendations from any interested members of the public. Staff is presenting these items to the Board to provide Commissioners an opportunity to provide specific responses and direction from Deschutes County. Commissioners are welcome to submit individual responses in addition to any organizational perspectives shared through this process. As stated previously, all written comments must be submitted to DLCD by September 16, 2022 at 11:59 p.m. -7- BOARD OF €COMMISSIONERS MEETING DATE: September 7, 2022 SUBJECT: Consideration of Approval for Road Department Submittal of Safe Streets For All (SS4A) Grant Application for the US20: Fryrear Road Project RECOMMENDED MOTION: Move approval of Road Department submittal of SS4A grant application. BACKGROUND AND POLICY IMPLICATIONS: The Safe Streets for All (SS4A) program is a federal funding opportunity established with the Bipartisan Infrastructure Law (BIL) that provides funding for communities to prepare Transportation Safety Action Plans (TSAP) and to implement safety projects identified in their existing TSAPs. Deschutes County Road Department prepared the Deschutes County TSAP in 2019. Of the top sites identified for safety improvements in the Deschutes County TSAP in 2019, the intersection of US20 and Fryrear is the highest -ranked site on the County road system where a safety improvement project has not yet been constructed or initiated. At the September 7, 2022 Board meeting, Road Department staff will give a presentation of the SS4A program and the proposed US20: Fryrear Road project. Road Department staff are seeking Board approval to submit the grant application, which is still being prepared. Applications are due on Thursday, September 15, 2022. BUDGET IMPACTS: The total estimated project cost is $6,177,157. If the grant application were successful, the SS4A grant would provide $4,941,725 (80%) of the total project cost. The County project share would be $1,235,432 (20%), which would be budgeted in the Road CIP budget for Fiscal Years 2024 and 2025. ATTENDANCE: Chris Doty, Road Department Director; Cody Smith, County Engineer/Assistant Director BOARD OF COMMISSIONERS MEETING DATE: September 7, 2022 SUBJECT: Consideration of Board Approval to Apply for VAWA Grant Funding RECOMMENDED MOTION: Move approval to apply for VAWA grant funding. BACKGROUND AND POLICY IMPLICATIONS: Violence Against Women Act provides funding opportunities to jurisdictions to assist in strengthening the criminal justice system's response to domestic violence and sexual assault. BUDGET IMPACTS: Grant funding would provide 1 limited duration Victim Advocate in the Victims Assistance budget. Grant requires a 25% match. The Roundhouse foundation has expressed interest in providing that 25% match, in which case there would be no fiscal impact to the county. If the Roundhouse Foundation is unable to provide match, approximately $25,000 would be needed each fiscal year, for 4 years to support the project. ATTENDANCE: Ashley Beatty, Victims Assistance Program Manager Grant Application Request September 1, 2022 Name of Grant: Violence Against Women Grant Deschutes County Contact: Ashley Beatty Funding Agency: Federal funds passed -through Department of Justice Grant Amount: $400,000 Match: 25% Match is required. The Roundhouse Foundation has expressed interested in providing the match for this grant. If they do not provide the match, General Funds will be needed at $ 25,000 over 4 fiscal years. Grant Duration: January 1, 2023- December 31, 2025 Grant Application Deadline: September 12, 2022 Description: The grant will fund one Victim Advocate that will be co -located with law enforcement in order to provide timely notice of victim rights and safety planning services. The grant will also provide funds to Saving Grace to complete a best practice review of our sexual assault response. The grant will also provide some training dollars in an effort to further the training and education of our partners in their response to violence against women. Grant would fund 1 Limited Duration Victim Advocate FTE. Rough Proposed budget attached. VAWA Competitive Grant Budget FY23 FY24 FY25 FY26 TOTAL Pay $32,463 $68,685 $73,008 $38,091 $212,247 Benefits $19,626 $41,485 $43,751 $23,888 $128,750 Saving Grace Contract $5,000 $5,000 $5,000 - $15,000 Materials and Services $4,500 $750 $750 $750 $6,750 Training $8,000 $10,000 $10,000 $8,000 $36,000 TOTAL $69,589 $125,920 $132,509 $70,729 $398,747 2023 - 2025 VIOLENCE AGAINST WOMEN ACT FORMULA GRANT PROGRAM (VAWA) COMPETITIVE REQUEST FOR APPLICATIONS APPLICATION INSTRUCTIONS Attorney General Ellen F. Rosenblum Oregon Department of Justice 1162 Court Street NE Salem, OR 97301-4096 RFA RELEASE DATE: July 28, 2022 ONLINE APPLICATION DUE DATE: September 12, 2022 BY 11:59 PM PST AWARD PERIOD: JANUARY 1, 2023 — DECEMBER 31, 2025 GRANT OPPORTUNITY SUMMARY 2023-2025 VIOLENCE AGAINST WOMEN ACT FORMULA GRANT PROGRAM (VAWA) OREGON DEPARTMENT OF JUSTICE, CRIME VICTIM AND SURVIVOR SERVICES DIVISION GENERAL INFORMATION Opportunity Type: Competitive CFDA Number: Release Date: July 28, 2022 Estimated Total Program Funding: $ 3,641,468 RFA Deadline: All applications are due by 11:59 p.m. PDT on September 12, 2022 Anticipated Number of Awards: Competitive: Approximately 4 for each of the Law Enforcement and Prosecution allocation categories. Non -Competitive: One for the Court allocation category; and two statewide training projects. Applications for smaller projects are also considered/encouraged. Matching Requirement: A 25% cash or in -kind match of the total cost of the project is required for all government -based organizations, except for the funds used by Tribal Nations or non-profit, non -governmental victim services programs applying for the benefit of law enforcement or prosecution. E-Grants Registration Date/Initiation Closing Date: August 31, 2022 More information regarding the CVSSD E-Grants system registration process is available at: https•//www doj.state or.us/crime-victims/for-grantees/CVSSD-e-grants-information/. New applicants must register in CVSSD E-Grants in order to apply for this competitive funding opportunity. If you are a new applicant and do not currently receive CVSSD grant funds and need assistance with this process please contact Diana Fleming at 503.378.6260 or Diana. L. Fleminggdoj. state. or.us. Submission Closing Date: September 12, 2022 Award Period: January 1, 2023 — December 31, 2025 ELIGIBILE APPLICANTS All projects must have an organization or subgrantee that will serve as the fiduciary agent and assume overall responsibility for the grant. Eligible subgrantees include: • state, local and tribal law enforcement; • state, local and tribal prosecution; and • Non -Profit, Non -Governmental Victim Service Programs (including faith based or other community programs), government -based or Tribal Victim Service Programs that are applying for the benefit of law enforcement or prosecution (as defined in the VAWA Reauthorization Act or that statutorily qualify as eligible applicants under the STOP VAWA Program). For Court Funds Only (Non -Competitive): • State Courts (Oregon Judicial Department) FUNDS AVAILABLE: A total of $3,641,648 is available to support new or continuation grants based on the federal allocation categories that support law enforcement, prosecution and courts only. New and continuation projects compete equally for funding. These grant program funds are allocated according to the Violence Against Women Act (VAWA) 2013 Reauthorization mandates along with annual VAWA general provisions and grant conditions in subsequent award years through 2022. Congress reauthorized the Violence Against Women Act (VAWA) and it was signed into law in March 2022. Due to the passage of the VAWA Act of 2022, we reserve the right to change the scope and terms of awards for Federal Fiscal Years 2023 and subsequent years to conform to the terms of the Act. The Oregon Department of Justice, Crime Victim and Survivor Services Division (CVSSD) applies for the STOP VAWA Formula Grant funds each year and is notified of the state award by September of the same year. Applicants will be subject to additional Special Conditions as directed by the Office on Violence Against Women (OVW). Any changes as a result of the VAWA Reauthorization Act of 2022 will be implemented in 2023. All awards are subject to the availability of appropriated funds and any modifications or additional requirements that may be imposed by law. CONTACT INFORMATION For assistance with the requirements of this Application, contact Diana Fleming at Diana.L. Flemingkdoj. state. or.us or at (503) 378-6260. For technical assistance with E-Grants, contact Cecilia Lucero at Cecilia.v.lucero a1doj.state.or.us or Mackenzie Gray at Mackenzie.E.Gray La)doj.state. or.us It is anticipated that all applicants will be notified of the outcome of their application by October 28, 2022. I. Grant Application Background A. Resources for Request for Applications (RFA)....................................................................... 1 B. Contact Information for DOJ CVSSD Staff............................................................................. 1 C. CVSSD Advisory Committee and VAWA IP Planning Subcommittee Members 2-3 D. VAWA Competitive RFA Teleconference Schedule............................................................... 4 E. Request for Application Amendments..................................................................................... 5 F. Solicitation Schedule............................................................................................................... 6 G. Definitions............................................................................................................................ 7-8 II. Grant Application Overview A. Introduction........................................................................................................................ 9-10 B. Overview of the STOP Violence Against Women Act Formula Grant Program .............. 12-14 1. VAWA General Provisions and Grant Conditions.............................................................. 11 2. VAWA Reauthorization 2013....................................................................................... 11-13 3. Federal Statutory Purpose Areas................................................................................... 14-17 4.OVW Priority Areas..................................................................................................... 17-19 5. State Program Funding Priorities....................................................................................... 19 6. Unallowable & Out -of -Scope Activities............................................................................. 20 CEligible Applicants............................................................................................................ 20-22 1. Guidance for Organizations Applying "For the Benefit Of' Law Enforcement or Prosecution......................................................................................................................... 21-22 2. Allocation Category Goals.............................................................................................21-22 D. Eligibility Requirements...................................................................................................22-25 F. State Requirements.............................................................................................................25-26 G. Availability and Duration of Funding...............................................................................26-27 III. Application Guidelines A. General Application Instructions.......................................................................................... 28-29 B. Technical Assistance.................................................................................................................. 29 IV. Application Contents................................................................................................................30 A. Key Things to Remember When Completing the Application .................................................. 30 B. Project Information: Forms A - M......................................................................................... 30-31 C. Project Budget: Forms N - S....................................................................................................... 31 D. Attachments................................................................................................................................ 32 V. Submission Information..........................................................................................................33 VI. Application Review and Award Decisions A. Application Review Process....................................................................................................... 34 1. Evaluation of Minimum Qualifications................................................................................... 34 2. Evaluation of Applications................................................................................................ 34-37 B. Application Scoring................................................................................................................37-40 C. Reservation of Rights.................................................................................................................. 40 D. Review of Award Decisions..................................................................................................40-41 VII. Monitoring, Reporting and Financial Requirements A. Grant Monitoring........................................................................................................................ 42 B. Award Conditions....................................................................................................................... 42 1. Conditional Awards......................................................................................................... 42 2. Additional Grant Agreement Conditions......................................................................... 42 C. Reporting Requirements....................................................................................................... 4 1. Financial Reporting.......................................................................................................... 43 2. Narrative Reporting Requirements.................................................................................. 43 3. Statistical Reporting Requirements.................................................................................. 43-44 4. Reporting on CVSSD Common Outcome Measures....................................................... 44 5. Maintain Civil Rights Information................................................................................... 44 6. Reporting Schedule.......................................................................................................... 44 D. Payment of Awards............................................................................................................. 44 APPENDICES Appendix A ................................................... Sample Letter of Consultation with Victim Service Programs AppendixB.................................................................................................... Sample Letter of Authorization Appendix C........................................................................... Certificate of Non -Supplanting Appendix D.............................................................................................. Legal Services Certification Letter Appendix E .....................................................Sample Memorandum of Understanding Guideline and Form Appendix F................................................................................................ VAWA Statement of Compliance Appendix G.................................................................Training Project Detail Form for LE and Prosecution Appendix G.................................................................... Training Project Detail Form for Court (OJD only) Appendix H ............................... FY 2022 2025 VAWA IP Goals and Objectives for Grant Funded Projects Appendix I ......................................................... Project Description Questions in CVSSD E-grants for RFA EXHIBITS Exhibit A............................................................................................. 2017 Federal Priorities and Strategies Exhibit B......................................................... 2022 — 2025 VAWA State Funding Priorities and Objectives Exhibit C.......................................................................................Examples of Project Goals and Objectives A. RESOURCES FOR REQUEST FOR APPLICATIONS (RFA) This Request for Applications (RFA) is being released by the Oregon Department of Justice (DOJ), Crime Victims' Services Division (CVSSD), hereafter referred to as CVSSD. The RFA provides the guidance to complete this application and is downloadable in PDF format from the CVSSD E-Grants system at: www.CVSSDegrants.com and also from the CVSSD website at: www.doi.state.or.us/crime-victims. Scroll over to Grants Funds 4 VAWA. The CVSSD E-Grant Application Instructions provides guidance for each Form to be completed. The instructions can be found in the top section of "View, Edit and Complete Forms" in the E-Grants VAWA Competitive Project Grant Application. The CVSSD E-Grant Applicant User Guide can answer many questions about navigating the system. A dra t version of the new E-Grants User Guide can be found at: https://justice.oregon. gov/crime-victims/pdf/draft_egrants_manual.pdf VAWA Guidelines for Funding. The Violence Against Women (VAWA) Subaward Handbook for VAWA Subrecipients, cited throughout these instructions as a reference, is available on the CVSSD website. Federal guidance, per 2016 VAWA general provisions and grant conditions are included in the federal register, the OVW website, and in the VAWA Grant Management Handbook. CVSSD anticipates additional guidance from OVW will be released with the 2023 special conditions along with Reauthorization mandates. VAWA 2013 mandates are included in this RFA under Section II.B.2. and II.D. An electronic copy of the "2022 OJP Financial Grants Management Guide" and the OVW Frequently Asked Questions for the STOP Pro rg_ am are also provided as a reference. B. CONTACT INFORMATION FOR CVSSD STAFF For more information or to address questions specific to the application or application process: Primary Contact Phone E-mail Diana Fleming (503) 378-6260 or work cell (503) 884-5548 Diana. L.Fleminggdoj.state. or.us 1 C. VAWA IMPLEMENTATION PLANNING SUBCOMMITTEE *Vanessa Timmons *BB Beltran Executive Director Executive Director Oregon Coalition Against Domestic & Sexual Attorney General's Sexual Assault Task Force Violence Desiree Coyote *Steve Bellshaw Family Violence Services Program Manager Citizen Representative, Former Deputy Chief, Confederated Tribe of Umatilla Indian Salem Police Department Reservation Michael Reese Daniel Primus Sheriff District Attorney Multnomah County Sheriff's Office Umatilla County DA's Office *Sybil Hebb, Director of Legislative Advocacy *Amy Benedum, J.D. VAWA Staff and *Debra Dority, State Support Unit Oregon Judicial Department Attorney Oregon Law Center *Laurie Stewart Sarah Sabri DHS/OHA Domestic Violence Resource Prosecutor DOJ, Criminal Division Merle Weiner Marjorie Doran Phillip H. Knight Professor VOCA Fund Coordinator University of Oregon School of Law DOJ, Crime Victims' Services Division *Kimberly Lane Tawna Sanchez CARES Program Director of Family Services Confederated Tribe of Siletz Indians Native American Youth & Family Center Jenny Woodson Domestic & Sexual Violence Coordinator DHS VAWA Implementation Planning (IP) Subcommittee include members with expertise from law enforcement, prosecution, courts and victim service programs (community, government -based and tribal). Members marked with an asterisk are also CVSSD Advisory Committee members. CVSSD and the IP Subcommittee encourage and invite other agencies and individuals to participate in IP meetings and teleconferences to learn from a diverse array of communities that may be affected by violence. CVSSD will reach out to population and culturally specific organizations and federally recognized tribes for each planning and decision -making meeting to address state funding priorities and goals as outlined in the IP. 2 VAWA IMPLEMENTATION PLANNING SUBCOMMITTEE MEETING ATTENDEES Paula Pinder, Social Services Director Iliana Montiel, Interim Director of Health & Allison Cleveland Human Services Executive Director Program Coordinator, Vacant Oregon Anti -Violence Project Confederated Tribes of Coos, Lower Umpqua & Siuslaw Indians Nancy Seyler, VOCS Director Danielle Murrell, DV Program Coordinator Confederated Tribes of Warm Springs Confederated Tribes of Grand Ronde Reservation Aryel Harrington, Social Services Director Teresa Cowing, DVSA Program Manager Kelli Campgagna, Healing Winds Program Burns Paiute Tribe Coordinator Klamath Tribes Michele Moore, Human Services Director Lisa Mielke, Asst. Health & Human Services Ally Van Norman, SS Programs Coordinator Director Julie Zuvey, Program Manager Coquille Tribe Cow Creek Band of Indians ****************************************** D. VAWA COMPETITIVE RFA TELECONFERENCE SCHEDULE Applicants will have the opportunity to participate in one of the following informational teleconferences. Refer to the table below for the dates, times and call -in information eb Access (to view documents) eeting ID: ,Ds://oreizondoi.webex.com/oregondoi/i oin by phone 1-503-388-9555 United States Toll (Portland) 1-415-655-0002 US Toll ?lobal call -in numbers by meeting number ing number (access code): 2460 714 8597 ing password: pxMPWJfU422 eb Access (to view documents) eeting ID: 19248 An by phone 1-503-388-9555 United States Toll (Portland) 1-415-655-0002 US Toll oin by meeting number Meeting number (access code): 2460 714 8597 Meeting password: pxMPWJf J422 Applicants are strongly encouraged to attend one teleconference. No registration is necessary. The purpose of these teleconferences is to provide potential applicants with pertinent information and answer questions. Additional requests for clarification must be submitted to CVSSD by Friday, August 12, 2022 at 11:59 pm., after which the clarification period is closed. El E. REQUEST FOR APPLICATION AMENDMENTS CVSSD may amend this 2023 - 2025 VAWA Competitive RFA by posting amendments on the CVSSD E-Grants Forms Menu page, immediately below this Request for Applications. Amendments will also be posted on the CVSSD VAWA webpag_e:. Requests for clarification of a provision of this RFA may be submitted by e-mail or telephone to the Single Point of Contact listed in Section I.B. To be considered, requests must be received by the Clarification Inquiries due date (Monday, August 15, 2022 by 11:59 p.m.) listed in the Solicitation Schedule of this RFA. Requests for clarification received after the due date may or may not receive a response based on the sole discretion of CVSSD. The Single Point of Contact will respond to each properly submitted request for clarification. CVSSD may also informally respond to applicants' questions with responses that do not affect the provisions of the 2023 — 2025 VAWA Competitive Request for Applications. F. SOLICITATION SCHEDULE IN MEMEMM III I NINE= VAWA Competitive RFA released for law enforcement and Thursday, July 28, 2022 prosecution allocation categories (Non -Competitive RFA for court allocation category) Informational teleconferences held for applicants seeking funding August 9, Tuesday, 9 am — for VAWA allocation categories under law enforcement, 11 am and prosecution and courts August 10, Wednesday, 1 - 3pm Monday, August 15, 2022, VAWA RFA Clarification Inquiries DUE no later than 11:59 p.m. 2022 Wednesday, August 17, Application Clarifications/Amendments Provided 2022 CVSSD E-Grants Registration and Updated Information Wednesday, August 31, Completed. Application will be locked and no further applications 2022 can be initiated. Application DUE through CVSSD E-Grants no later than 11:59 Monday, September 12, 2022 p.m. Application Minimum Qualification Review by CVSSD Fund September 12 — 16, 2022 Coordinators September 19 - October 10, VAWA Competitive Application Review Team Period 2022 October 11, 2022 Competitive Reviewer Award Meeting and Recommendations for Law Enforcement October 13, 2022 Competitive Reviewer Award Meeting and Recommendations for Prosecution October 18, 2022 CVSSD Advisory Committee Review CVSSD Award Recommendation to Attorney General (or October 19, 2022 designee) Attorney General (or designee) approval of final award October 28, 2022 recommendations Award notification and grant documents available in E-Grants October 28, 2022 (approximate date) All completed award documents due at CVSSD (approximate date) December 31, 2022 January 1, 2023 2020 - 2022 VAWA Competitive grant period begins G. DEFINITIONS Definitions of terms used in VAWA that apply to the STOP Program, as amended by VAWA 2013, may be referenced at VAWA 2013 Universal Definitions and Grant Conditions. Additional changes to definitions in 2016 include clarifying the difference between primary and secondary prevention in the definition of terms and reduces repetition of statutory language. The following definitions are important for applicants to consider when developing their proposals: The term "courts" means any civil or criminal, tribal, and Alaska Native Village, Federal, State, local or territorial court having jurisdiction to address domestic violence, dating violence, sexual assault or stalking, including immigration, family, juvenile, and dependency courts, and the judicial officers serving in those courts, including judges, magistrate judges, commissioners, justices of the peace, or any other person with decision making authority. The term "community -based organization" means a nonprofit, nongovernmental, or tribal organization that serves a specific geographic community that focuses primarily on domestic violence, dating violence, sexual assault, or stalking; has established a specialized culturally specific program that addresses domestic violence, dating violence, sexual assault, or stalking; has a primary focus on underserved populations (and includes representatives of these populations) and domestic violence, sexual assault, or stalking; or obtains expertise, or shows demonstrated capacity to work effectively, on domestic violence, dating violence, sexual assault, and stalking through collaboration. The term "law enforcement" means a public agency charged with policing functions, including any of its component bureaus (such as governmental victim services programs or Village Public Safety Officers), including those referred to in section 2802 of Title 25. The term "Indian law enforcement" means the departments or individuals under the direction of the Indian tribe that maintain public order. The term "prosecution" means any public agency charged with direct responsibility for prosecuting criminal offenders, including such agency's component bureaus (such as governmental victim assistance programs). The term "victim service provider" means a nonprofit, nongovernmental or tribal organization or rape crisis center, including a State or tribal coalition, that assists or advocates for domestic violence, dating violence, sexual assault, or stalking victims, including domestic violence shelters, faith -based organizations, and other organizations, with a documented history of effective work concerning domestic violence, dating violence, sexual assault, or stalking. The term "victim advocate" means a person, whether paid or serving as a volunteer, who provides services to victims of domestic violence, sexual assault, stalking, or dating violence under the auspices or supervision of a victim services program. 7 The term "victim assistant" means a person, whether paid or serving as a volunteer, who provides services to victims of domestic violence, sexual assault, stalking, or dating violence under the auspices or supervision of a court or a law enforcement or prosecution agency. Definitions in VAWA 2013 for culturally specific services, population specific services and underserved populations ensure that VAWA funded services effectively reach victims from communities with unique needs and characteristics, and communities whose members face barriers to access traditional services. The term "culturally specific" means primarily directed toward racial and ethnic minority groups (as defined in section 300u-6(g)). The term "culturally specific services" means community -based services that include culturally relevant and linguistically specific services and resources to culturally specific communities. The term "population specific organization" means a nonprofit, nongovernmental organization that primarily serves members of a specific underserved population and has demonstrated experience and expertise providing targeted services to members of that specific underserved population. The term "population specific services" means victim -centered services that address the safety, health, economic, legal, housing, workplace, immigration, confidentiality,, or other needs of victims of domestic violence, dating violence, sexual assault, or stalking, and that are designated primarily for and are targeted to a specific underserved population. The term "rural area and rural community" means any area or community, respectively, no part of which is within an area designated as a standard metropolitan statistical area by the Office of Management and Budget; any area or community, respectively, that is within an area designated as a metropolitan statistical area or considered as part of a metropolitan statistical area; and located in a rural census tract; or any federally recognized Indian tribe. The term "underserved populations" means populations who face barriers in accessing and using victim services, and includes populations underserved because of geographic location, religion, sexual orientation, gender identity, underserved racial and ethnic populations, populations underserved because of special needs (such as language barriers, disabilities, alienage status, or age), and any other population determined to be underserved by the Attorney General or by the Secretary of Health and Human Services, as appropriate. N. A. INTRODUCTION The Violence Against Women Act (VAWA) Formula Grant Program, created by the Violence Against Women and Department of Justice Reauthorization Act of 2013 (VAWA 2013), under federal statutory authority (42 U.S.C. § 14043g) from the United States Department of Justice, Office on Violence Against Women (OVW) encourages the development and implementation of effective law enforcement and prosecution strategies to combat violence crimes against women. The goal of the program is to encourage states and localities to restructure and strengthen the criminal justice systems response to be proactive in addressing violence against women, drawing on the experience of all the participants in the system, including the advocacy community. Since 1994, Congress has reauthorized the VAWA Act four (4) times. The most recent, was signed into law in March 2022. Any changes as a result of the VAWA Reauthorization Act of 2022 will be implemented in 2023 as an amendment to Subgrant Award Special Conditions. For the purposes of this RFA, grant funds will be awarded under VAWA 2013. VAWA 2013 was signed into law in March 2013 with all changes implemented on July 1, 2014. DOJ CVSSD is the State Administrative Agency (SAA) for the STOP Violence Against Women Act (VAWA) Formula Grant Program as authorized by ORS 147.231. CVSSD receives the federal grant award from the U.S. Department of Justice, Office of Justice Programs, Office on Violence Against Women (OVW). The amount of competitive STOP Program funding available to applicants is based on statutory funding allocations determined by the U.S. Department of Justice, Office on Violence Against Women (OVW). CVSSD distributes the STOP VAWA funds as required by statute for law enforcement, prosecution, courts and victims' services programs as follows: Category Annual STOP VAWA Formula Grant Award Allocation Law Enforcement 25% competitive Prosecution 25% competitive Court 5% non-competitive Victim Services 30% non-competitive Discretionary 15% non-competitive for victim services and statewide training projects All of the allocation categories mentioned above are disbursed based on the type of organization that benefits from the VAWA program and the type of services supported by the program; however, discretionary funding may be used for any of the categories at the discretion of CVSSD. Under VAWA 2013, 20 percent of funds granted to the state must be allocated for programs or projects in two or more allocations that meaningfully address sexual assault, including stranger rape, acquaintance rape, alcohol or drug -facilitated rape, and rape within the context of an intimate partner 0 relationship. The 20 percent is counted on the total amount granted to the state but is not a separate allocation. A portion of this requirement is met through the joint noncompetitive victim services grant with the competitive awards meeting the remaining state set aside. Federal Allocation Requirements ***These are not additional funds. *** Meaningful Sexual Assault A total of 20% of the total state award must be taken from at Services I least 2 of the categories (LE, Prosecution, Courts or VS). A State funding priority currently allocates 20% across all allocation categories to meaningfully address sexual assault services. For the purposes of this RFA, CVSSD encourages the use of grant funds to support sexual assault services and will award up to five (5) bonus points for those projects that do (Refer to Section VI. Application Review and Award Decisions). To qualify for the bonus points, projects must have a sole focus on sexual assault and personnel funded under the projects must have sufficient expertise and experience in the field of sexual assault response. Oregon STOP VAWA Implementation Plan The CVSSD AC and the VAWA IP Subcommittee are responsible for the development of the STOP VAWA Implementation Plan for Oregon. This plan establishes the funding priorities for projects receiving federal STOP VAWA Formula Grant Program funds. A copy of the FY 2017 — 2020 STOP VAWA Implementation Plan for Oregon may be found at: https://www.doj.state.or.us/wp- content/uploads/2017/1 I/fy 2017 2020 vawa ip fy for oregon.pdf and is applicable to federal fiscal years 2017 through 2021. The Implementation Plan is applicable to subsequent fiscal years until a new plan has been formally approved by OVW. The FY 2022 — 2025 VAWA Implementation Plan for Oregon is currently under review by OVW and will be considered a final version once approved. For the purposes of this solicitation, OVW is reviewing Oregon's funding priorities for FY 2022 - 2025 and are provided for the applicants' use in Section II. B. 4 of the RFA or Exhibit B FY 2022 2025 VAWA State Funding Priorities. 10 B. OVERVIEW OF THE VAWA FORMULA GRANT PROGRAM 1. VAWA GENERAL PROVISIONS AND GRANT CONDITIONS 2016 VAWA general provisions and grant conditions are included in the federal register and in the VAWA Grant Management Handbook A copy of the most recent VAWA Statement of Compliance for 2021 is provided as Appendix F under this RFA. 2. VAWA REAUTHORIZATION ACT OF 2013 Federal mandates to consider when preparing proposed projects for this solicitation (per OVW FAQs): Support Services to Children: STOP funds should be used for projects that serve or focus on adult and youth (age 11-24) women and girls who are victims of domestic violence, dating violence, sexual assault, or stalking. In general, victims served with STOP funds must be adults or youth. Under a new purpose area created by VAWA 2005, however, STOP funds may also support "complementary new initiatives and emergency services for victims and their families." For example, STOP funds may support services for secondary victims such as children who witness domestic violence. Child Sex Abuse Victims: STOP funds can serve sexual assault victims who are age 1 I or older. VAWA defines sexual assault as "any nonconsensual sexual act proscribed by federal, tribal, or state law, including when the victim lacks the capacity to consent". The target of the STOP Program is adult and youth victims. Youth is defined as "a person who is 1 I to 24 years old" per VAWA 2013. Support Services to Men: Regardless of the purpose of the STOP sub award, STOP sub -recipients must provide services to a male victim in need who is similarly situated to female victims the sub -recipients ordinarily serves and who requests services. Under the anti -discrimination provision of the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C. § 3789d(c)(1) and under a new nondiscrimination grant condition from VAWA 2013, grantees, including STOP sub -recipients, may not exclude any person from receiving grant -funded services on a number of prohibited grounds, including that person's sex. The VAWA 2013 provision further provides that "If sex segregation or sex -specific programming is necessary to the essential operation of a program, nothing in this paragraph shall prevent any such program or activity from consideration of an individual's sex. In such circumstances, grantees may meet the requirements of this paragraph by providing comparable services to individuals who cannot be provided with the sex - segregated or sex -specific programming." Note: In VAWA 2013, Congress added two new purpose areas that specifically included men, which means that sub -recipients under those purpose areas may have projects that target male victims. [13] The specific purpose areas are purpose area 17 (focusing on programs addressing sexual assault against men, women, and youth in correctional and detention settings) and purpose area 19 (focusing on services and responses targeting male and female victims of domestic violence, dating violence, sexual assault, or stalking, whose ability to access traditional services and responses is affected by their sexual orientation or gender identity). 11 Services to lesbian gay, bisexual or transg_ender (LGBT) victims of Domestic Violence Dating Violence, Sexual Assault, or Stalking: STOP funds can serve LGBT victims of domestic violence, dating violence, sexual assault, or stalking. Congress added a new purpose area for "developing, enlarging, or strengthening programs and projects to provide services and responses targeting male and female victims whose ability to access traditional services and responses is affected by their sexual orientation or gender identity, as defined in section 249 (c) of title 18, United States Code. In addition, the new nondiscrimination grant condition indicates that subgrantees may not exclude any person from receiving grant -funded services on a number of prohibited grounds, including that person's sexual orientation or gender identity. Incarcerated Victims of Domestic Violence Dating Violence, Sexual Assault, or Stalking: -There is now a specific purpose area for "developing, enlarging, or strengthening programs addressing sexual assault against men, women, and youth in correctional or detention settings." The services provided, however, may only address the domestic violence, dating violence, sexual assault, or stalking victimization experienced by the incarcerated individual, including both such crimes experienced while incarcerated and crimes experienced at other points in their youth and adult lives. Funds should not be used to provide any other types of services, such as rehabilitative services related to the crime committed by the incarcerated individual. Finally, as is the case with the use of all STOP funds, states must use those funds to supplement state funds, and not to supplant state funds that would otherwise be available for the activities funded. Note: Although STOP funds may be used to provide victim services as described above, other federal funds do have restrictions on serving incarcerated victims. The Oregon Department of Corrections (DOC), Oregon Youth Authority (OYA), CVSSD, Attorney General Sexual Assault Task Force (AGSATF), Oregon Coalition Against Domestic & Sexual Violence (OCADSV) developed a statewide plan that provided training in 2016 and 2017 for community -based advocates and state correctional staff that may provide advocacy to victims in a correctional setting. Legal Services: A full range of legal services, such as housing, family law, public benefits, and other similar matters can be provided. This includes divorce and child custody cases that are linked to the safety of the victim. Any sub -recipient providing legal assistance must certify that: 1) any person providing legal assistance with STOP funds has demonstrated expertise in providing legal assistance to victims of domestic violence dating violence, sexual assault, or stalking in the targeted population; or 2) is partnered with an entity or person that has such demonstrated expertise and has completed or will complete training in connection with domestic violence, dating violence, stalking, sexual assault, and related legal issues, including training on evidence -based risk factors for domestic and dating violence homicide; 3) any person or organization providing legal assistance through the STOP program has informed and will continue to inform state, local, or tribal domestic violence, dating violence, or sexual assault programs and coalitions, as well as appropriate state and local law enforcement officials of their work; and 4) the sub -recipient's organizational policies do not require mediation or counseling involving offenders and victims physically together, in cases where sexual assault, domestic violence, dating violence, or child sexual abuse is an issue. Batterers' intervention programs may be supported provided that the programs are part of a graduated range of sanctions that use the coercive power of the criminal justice system to hold abusers accountable 12 for their criminal actions and for changing their behavior. However, couples counseling or any intervention that requires participation by a victim or that is not designed to hold offenders accountable for their violent behavior cannot be supported with STOP dollars. Violence Prevention Programs (i.e. media campaigns to educate the general public about violence against women This is not an allowable activity for applicants in this RFA. In VAWA 2013, Congress added a new purpose area for "developing, enhancing, or strengthening prevention and educational programming to address domestic violence, dating violence, sexual assault, or stalking[.]" However, no more than 5 percent of the state's total STOP award for the year may be used for this purpose. Note: The goal of prevention is to stop or reduce domestic violence domestic violence, dating violence, sexual assault, and stalking. By contrast, an outreach initiative is linked to a specific set of services and the goal is to increase awareness about the services, so that victims know where to go for the services. School Programs: Programs in schools may be supported to the extent that they fit within one or more of the STOP program's statutory program purpose areas. For example, STOP funds could be used to provide support groups that meet at school for dating violence victims or to provide information to students about services available to help victims of dating violence. Please keep in mind, however, that prevention programs are limited to 5 percent of the state's total STOP award for the year. Child Sexual Abuse Victims: STOP funds can serve sexual assault victims who are age 11 or older. VAWA defines sexual assault as "any nonconsensual sexual act proscribed by federal, tribal, or state law, including when the victim lacks the capacity to consent." The target of the STOP Program is adult and youth victims. Youth is defined as "a person who is I 1 to 24 years old." Other Important Changes: • Rural Area definition is broadened to include federally -recognized Indian tribes, some of which have been precluded from participating in programs. • Tribal courts can prosecute non -Native offenders that abuse Tribal Nations/Native women on reservations. • The definition of "personally identifying information" was expanded to include additional information (driver's license number, passport number or student identification number) that is likely to disclose a victim's identity and adds "regardless of whether the information is encoded, encrypted, or otherwise protected. • Added seven (7) new federal statutory purpose areas. 3. FEDERAL STATUTORY PURPOSE AREAS By statute, VAWA Formula Grant Program funds must be used to address one or more of the following federal statutory purpose areas as outlined in the 2013 Reauthorization of the Violence Against Women Act: 13 Program Area Purpose Area Project Type I Training Train law enforcement officers, judges, other court personnel, and Training prosecutors to more effectively identify and respond to violent crimes against women, including the crimes of sexual assault, domestic violence, stalking and dating violence, including the use of nonimmigrant status under subparagraphs (U) and (T) of section 101(a) (15) of the Immigration and Nationality Act (8 U.S.C.2202 (a)); 2 Enhancement Efforts Develop, train or expand units of law enforcement officers, Multiple Types: judges, other court personnel, and prosecutors specifically Applicant selects targeting violent crimes against women, including the crimes of primary project sexual assault, dating violence, stalking and domestic violence; type 3 Policy and Protocol Develop and implement more effective police, court, and Policies, Development prosecution policies, protocols, orders, and services specifically Procedures, & devoted to preventing, identifying and responding to violent Protocols crimes against women, including the crimes of sexual assault, dating violence, stalking and domestic violence, as well as the appropriate treatment of victims; 4 Data Collection and Develop, install, or expand data collection and communication Multiple Types: Communication Systems systems, including computerized systems, linking police, Applicant selects prosecutors, and courts or for the purpose of identifying, primary project classifying, and tracking arrests, protection orders, violations of type protection orders, prosecutions, and convictions for violent crimes against women, including the crimes of sexual assault, dating violence, stalking and domestic violence; 5 Victim Service Develop, enlarge, or strengthen victim services and legal Direct Services Programs and assistance programs, including sexual assault, domestic violence, Visitation Centers stalking and dating violence programs, develop or improve delivery of victim services to underserved populations, provide specialized domestic violence court advocates in courts where a significant number of protection orders are granted, and increase reporting; and reduce attrition rates for cases involving violence crimes against women, including crimes of sexual assault, dating violence, stalking and domestic violence; 6 Indian Tribal Sexual Developing, enlarging, or strengthening programs addressing the Direct Services Assault and Domestic needs and circumstances of Indian tribes in dealing with violent Violence Programs crimes against women, including the crimes of sexual assault, dating violence, stalking, and domestic violence; 7 Statewide Multi- Supporting formal and informal statewide, multidisciplinary Policies, disciplinary Support efforts, to the extent not supported by State funds, to coordinate Procedures, & the response of state law enforcement agencies, prosecutors, Protocols courts, victim services agencies, and other State agencies and departments, to violent crimes against women, including the crimes of sexual assault, domestic violence, stalking, and dating violence; 14 8 Sexual Assault Nurse Training of sexual assault forensic medical personnel examiners Training Examiners (SANE) in the collection and preservation of evidence, analysis, prevention, and providing expert testimony and treatment of trauma related to sexual assault; 9 Elder and Disabled Developing, enlarging, or strengthening programs to assist law Direct Services Victims enforcement, prosecutors, courts, and others to address the needs and circumstances of older and disabled women who are victims of domestic violence, dating violence, stalking, or sexual assault, including recognizing, investigating, and prosecuting instances of such violence or assault and targeting outreach and support, counseling, and other victim services to such older and disabled individuals. 10 Immigration Providing assistance to victims of domestic violence and sexual Direct Services assault in immigration matters; 11 New Initiatives and Maintaining core victim services and criminal justice initiatives, Direct Services Emergency Services while supporting complementary new initiatives and emergency services for victims and their families; 12 Jessica Gonzales Victim Supporting the placement of special victim assistants (to be Multiple Types: Assistants known as "Jessica Gonzales Victim Assistants") in local law Applicant selects enforcement agencies to serve as liaisons between victims of primary project domestic violence, dating violence, sexual assault, and stalking type and personnel in local law enforcement agencies in order to improve the enforcement of protection orders. Jessica Gonzales Victim Assistants shall have expertise in domestic violence, dating violence, sexual assault or stalking and may undertake the following activities: • Developing, in collaboration with prosecutors, courts and victim service providers, standardized response policies for local law enforcement agencies, including the use of evidence -based indicators to assess the risk of domestic and dating violence homicide and prioritize dangerous or potentially lethal cases. • Notifying persons seeking enforcement of protection orders as to what responses will be provided by the relevant law enforcement agency. • Referring persons seeking enforcement of protection orders to supplementary services (such as emergency shelter programs, hotlines or legal assistance services); and • Taking other appropriate action to assist or secure the safety of the person seeking enforcement of a protection order; `Note: Only government -based agencies may apply for funding to support project activities under this purpose area. 15 13 Crystal Judson Providing funding to law enforcement agencies, victim Multiple Types: Domestic Violence services providers, and state, tribal, territorial, and local Applicant Protocol Program governments (which funding stream shall be known as the selects primary Crystal Judson Domestic Violence Protocol Program) to promote project type • the development and implementation of training for local victim domestic violence service providers, and to fund victim services personnel, to be known as Crystal Judson Victim Advocates, to provide supportive services and advocacy for victims of domestic violence committed by law enforcement personnel; • the implementation of protocols within law enforcement agencies to ensure consistent and effective responses to the commission of domestic violence by personnel within such agencies (such as the model policy promulgated by the International Association of Chiefs of Police ("Domestic Violence by Police Officers: A Policy of the IACP, Police Response to Violence Against Women Project" July 2003)). • the development of such protocols in collaboration with state, tribal, territorial and local victim service providers and domestic violence coalitions. • any law enforcement, state, tribal, territorial or local government agency receiving funding under the Crystal Judson DV Protocol Program under paragraph (13) shall on an annual basis, receive additional training on the topic of incidents of domestic violence committed by law enforcement personnel from DV and SA non- profit organizations and, after a period of two years, provide a report of the adopted protocol to the DOJ, including a summary of progress in implementing that protocol. 16 The following purpose areas were added with the Reauthorization of VAWA 2013: Program Area Purpose Area Pro'ect Type 14 State, local or Tribal Developing and promoting state, local, or tribal legislation and Policies, Legislation and Policies policies that enhance best practices for responding to domestic Procedures, & violence, dating violence, sexual assault, and stalking; Protocols 15 Sexual Assault Response Developing, implementing, or enhancing Sexual Assault Policies, Teams Response Teams, or other similar coordinated community Procedures, & responses to sexual assault; Protocols 16 Law Enforcement and Developing and strengthening policies, protocols, best practices, Multiple Types: Prosecution Response to and training for law enforcement agencies and prosecutors Applicant selects Sexual Assault Cases relating to the investigation and prosecution of sexual assault primary project cases and the appropriate treatment of victims; type 17 Sexual Assault Response Developing, enlarging, or strengthening programs addressing Direct Services in Correctional or sexual assault against men, women, and youth in correctional and Detention Settings detention settings; 18 Backlogs of Sexual Identifying and conducting inventories of backlogs of sexual Policies, Assault Evidence assault evidence collection kits and developing protocols and Procedures, & Collection Kits policies for responding to and addressing such backlogs, Protocols including protocols and policies for notifying and involving victims; 19 Strengthened Developing, enlarging, or strengthening programs and projects to Direct Services Programs and Services for provide services and responses targeting male and female victims victims affected by Sexual of domestic violence, dating violence, sexual assault, or stalking, Orientation or Gender whose ability to access traditional services and responses is Identity affected by their sexual orientation or gender identity, as defined in section 249(c) of title 18, United States Code; and 20 Prevention and Developing, enhancing, or strengthening prevention and Not Educational Programming educational programming to address domestic violence, dating Allowed violence, sexual assault, or stalking, with not more than 5 percent for this of the amount allocated to a state to be used for this purpose. solicitation VAWA 2013 language provides the direct authorization to support legislative and policy changes to comply with changes in VAWA under purpose area 14 as listed above thereby waiving the lobbying restrictions in regard to "enhancing best practices". 4. OVW PRIORITY AREAS The emphasis of the VAWA Formula Grant Program continues to be on the development and implementation of comprehensive law enforcement, prosecution and judicial strategies addressing violence against women that are sensitive to the immediate and long-term needs and safety of victims and holding offenders accountable for their crimes. The goal of the program is to encourage states and localities to restructure and strengthen the criminal justice systems' response in addressing violence against women, drawing on the experience of all of the participants in the system, including the advocacy community. 17 The following factors will be considered in the decision to distribute funds to eligible applicants: • Projects that propose strengthening current domestic and sexual violence services by increasing access to those services for all victims including underserved, marginalized, and/or oppressed communities and/or Tribal Nations; • Equitably distribute monies on a geographic basis including non -urban and rural areas of various geographic sizes; • Expanding the array of services offered or the types of victims served within existing geographic service areas; • Giving priority to areas of varying geographic size with the greatest showing of need and considering the geographic area's population; • Ensuring geographic access to services within a reasonable traveling distance while avoiding duplicating services within the same county. In shaping strategies, applicants are encouraged to develop and support projects that include the following federal priorities and strategies: • Advance racial equity as an essential component of ending sexual assault, domestic violence, dating violence, and stalking. • Increase access to justice for all survivors of sexual assault, domestic violence, dating violence, and stalking, including through exploration of survivor -centered criminal justice system reform. • Strengthen efforts to prevent and end sexual assault, including victim services and civil and criminal justice reform. • Expand economic justice and financial advocacy for survivors of sexual assault, domestic violence, dating violence, and stalking, including as a tool for violence prevention. • Improve outreach, services, civil and criminal justice responses, prevention, and support for survivors of sexual assault, domestic violence, dating violence, and stalking from underserved communities, particularly LGBTQ and immigrant communities. The following activities have been found to jeopardize victim safety, deter or prevent physical or emotional healing for victims, or allow offenders to escape responsibility for their actions: • Procedures or policies that exclude victims from receiving safe shelter, advocacy services, counseling, and other assistance based on their actual or perceived sex, age, immigration status, race, religion, sexual orientation, gender identity, mental health condition, physical health condition, criminal record, work in the sex industry, or the age and/or gender of their children; • Procedures or policies that compromise the confidentiality of information and privacy of persons receiving federally funded services; • Using technology without addressing implications for victim confidentiality, safety planning, and the need for informed consent; • Procedures or policies that impose requirements on victims in order to receive services (e.g. seek an order of protection, receive counseling, participate in couples counseling or mediation, report to law enforcement, seek civil or criminal remedies, etc.); • Procedures or policies that fail to include conducting safety planning with victims; • Project design, products, services and budget that fail to account for the access needs of participants with disabilities and participants who have limited English proficiency or who are Deaf or hard of hearing; and OM • Partnering with individuals or organizations that support/promote practices that compromise victim safety and recovery or undermine offender accountability. For more detailed examples refer to the VAWA Subaward Handbook. 5. STATE PROGRAM FUNDING PRIORITIES The following state funding priorities were approved by CVSSD and the VAWA Implementation Planning Subcommittee for FY 2022 - 2025: • Provide victims of domestic and sexual assault, stalking and dating violence meaningful access to services and support programs in stabilizing funding for: a) Victims' services (includes non-profit, tribal and prosecution -based programs) and prosecution -based programs; and b)Law enforcement, prosecution and court projects. • Support services to meet the needs of: a) victims from Tribal Nations and other underserved, marginalized and/or oppressed populations. b) To improve and enhance culturally specific services, promote service equity and increase cultural competency in the delivery of victim services as well as the cultural responsiveness of prosecution, law enforcement and courts. (REQUIRED) • To support statewide and local training projects, using allocation of STOP VAWA Formula Grant Program funds. • CVSSD will ensure that "not less than 20% of the total award" in at least two categories will be allocated to meaningfully address sexual assault services, as required in federal statute, as a set aside across victim services, discretionary, law enforcement, prosecution, and court allocation categories. • To facilitate collaboration, consultation and planning among and between non-profit, government -based, and tribal victim service providers and law enforcement, prosecution and courts. (REQUIRED) • To reduce the number of domestic violence homicides in the State of Oregon through fatality review of domestic violence cases, implementation of model firearm surrender protocols and/or lethality assessments. Note: Applicants may also propose a project that "develops and implements other policies, procedures and protocols related to domestic and/or sexual violence, stalking or dating violence. The funding priorities demonstrate the state's intent for VAWA funds following an inclusive and coordinated planning process. The funding priorities are developed every four years in response to an evaluation of statewide gaps 2020 VAWA IP Survey Summary. The IP is intended to reflect the strengths and needs of the state; the challenges that survivors, systems, providers, and relevant disciplines face; and the priorities, goals, and objectives for use of STOP funds. Please refer to the FY 2022 - 2025 VAWA Implementation Plan for Oregon. Each proposed project must include the following: • Applicants are required to include two of the six state funding priorities in the development of their project as noted on the previous page of this RFA. The application questions on Forms G — I along with a Letter of Consultation address both of these priorities as part of your application. • Applicants must choose an additional state funding priority or include activities that will meet state goals under a primary focus area (Direct Services, Training, or Policies, W Procedures and Protocols) as listed in E-Grants on Forms G - I. Applicants may choose other priorities and objectives as listed on Appendix H as long as they meet at least one of the federal statutoa purpose areas. Applicants will use at least one federal statutory purpose area along with the required (and selected) state funding priorities in their proposed project. Please refer to the VAWA IP Survey Gaps or the State Funding Priorities and Goals or Appendix H for a list of objectives for law enforcement, prosecution and court allocation categories. Applicants may include additional objectives. 6. UNALLOWABLE AND OUT -OF -SCOPE ACTIVITIES The following is a list of activities that are unallowable and out of program scope and cannot be supported by VAWA Formula Grant Program funding: • Law enforcement equipment such as uniforms, safety vests, shields and weapons. (Equipment such as cameras, specifically designated for investigating domestic violence, sexual assault, stalking and/or dating violence incidents are allowable); • Victim Service -related projects, that fall outside the scope of law enforcement, prosecution or courts in criminal justice (unallowable for this RFA only); • Substance abuse counseling for domestic and sexual assault victims; • Immigration fees for battered immigrant women; • Activities focused on education and prevention efforts (includes bystander intervention, presentations on healthy relationships, etc.); • Research projects (this does not include program assessment conducted only for internal improvement purposes); • Lobbying or attempts to influence members of Congress, the Oregon Legislature, County Commissions, City Councils, or other legislative bodies; • Fundraising campaigns, endowment drives, or solicitation of gifts and bequests; • Purchase of real property and vehicles; and • Construction or physical modification to buildings, including minor renovations (such as painting or carpeting). C. ELIGIBLE APPLICANT'S CVSSD anticipates awarding approximately $3.6 million to support applicants for the law enforcement prosecution, and court allocation funds for grant award period January 1, 2023 — December 31, 2025. All projects must have an organization, or subrecipient that will serve as the fiduciary agent and assume overall responsibility for the grant. Eligible VAWA subrecipients include: • state, local and tribal law enforcement; • state, local and tribal prosecution; and • Non -Profit Victim Service Programs (including faith based or other community programs); government -based or Tribal Victim Service Programs that are applying for the benefit of law enforcement or prosecution If two or more jointly apply, they must designate one body to take the lead role and identify that agency's fiscal officer. 20 This Request for Application (RFA) also will serve as the non-competitive solicitation for the Oregon Judicial Department in its application for the court allocation funds; and 2 statewide training projects for both law enforcement and prosecution. Eligible applicants are limited to one application. Applicants must identify and focus their request on either law enforcement or prosecution but may include activities in the other area. The Oregon Judicial Department is limited to one application for court allocation funds. 1. Guidance for organizations applying for the benefit of law enforcement or prosecution allocation funds. Refer to -VA WA 2013 Universal Definitions and Grant Conditions for federal definitions as amended by VAWA 2013. a. Applicants are expected to propose project activities that support and enhance the core functions of law enforcement or prosecution. A victim service provider (non-profit, government or tribal - based) may apply "for the benefit of ' prosecution or law enforcement by demonstrating how the project meets the core functions in an MOU. The MOU provides documentation that demonstrates that the organizations have consulted and coordinated the responsibilities of their activities that clearly meets the core functions of law enforcement or prosecution. A comprehensive description of the roles and responsibilities of the applicant's partnership with each of the proposed law enforcement or prosecution partners must include signatures. The core function of law enforcement is to: • Investigate domestic violence, sexual assault, stalking and dating violence crimes; • Provide services to ensure the immediate safety of victims; and • Hold offenders accountable for their crimes. The core function of prosecution is to: • Prosecute domestic violence, sexual assault, stalking and dating violence crimes, • Provide services to ensure the long term safety of victims; and • Hold offenders accountable for their crimes. The core function of the courts is to provide fair, accessible and timely justice to promote the rule of law, protect individual rights and resolve conflicts. 2. Allocation Category Goals Law Enforcement The goal of this grant opportunity is to enhance the ability of local communities to keep women safe and hold perpetrators accountable. The grant project will achieve this by: 1) enabling more effective enforcement of laws prohibiting violence against women through the development of focused enforcement units with specialized skills and tactics; 2) improving the capacity of law enforcement to appropriately respond to the needs of victims, and 3) developing and implementing policies and protocols to insure an effective response. Grant funds are available to develop or expand specialized enforcement and investigative units, positions, or other specialized resources that focus on sexual assault, domestic violence, stalking crimes, and/or dating violence. 21 Prosecution The primary goal of this grant opportunity is to enhance the ability of local communities to keep women safe and hold perpetrators accountable. The grant project will achieve this by: 1) enabling more effective prosecution of offenders violating laws that protect women and prohibiting violence against women in the process; 2) improving the capacity of the justice system to respond to victims needs and to treat victims with respect; 3) effectively coordinating prosecution with law enforcement, community victim services; the courts; and other system components. Grant funds are available to develop or expand specialized prosecution units or other specialized resources to prosecute/adjudicate domestic violence, sexual assault, and/or stalking cases. Court (Oregon Judicial Department Only) The goal of this grant opportunity is to provide a centralized VAWA Staff Counsel with the Oregon Judicial Department under the State Court Administrator. The centralized point of contact will provide technical assistance and education to trial court judges and staff, to develop and revise uniform statewide forms and procedures for all trial courts statewide, and to collaborate with all system participants to improve system response and increase victim safety. D. ELIGIBILITY REQUIREMENTS An organization must meet all of the following requirements to be eligible for VAWA funds: 1. Demonstrate Record of Effective Services. Applicants must demonstrate a record of providing effective and meaningful access to direct services to survivors. This includes a history of providing direct services in a cost-effective manner and financial support from other sources. 2. Not Charge Survivors for VAWA-Funded Services. Sub -recipients must provide services to survivors, at no charge, through the VAWA-funded project. That means the sub -recipient must not reimburse the victim for the out-of-pocket cost of a forensic medical exam. 3. Maintain Civil Rights Requirements. Pursuant to 28 C.F.R. Section 42.302, all recipients of federal funds must maintain statutorily required civil rights statistics on survivors served by race, national origin, sex, age, and disability; and permit reasonable access to its books, documents, papers, and records to determine whether the sub -recipient is complying with applicable civil rights laws. This requirement is waived when providing a service, such as telephone crisis intervention, where soliciting the information may be inappropriate or offensive to the survivor. Refer to_ Civil Rightsequirements - Oregon Department of Justice (state.or.us) for more information and links that will assist sub -recipients in complying with three (3) mandatory federal processes. These include: • Civil rights laws and regulations prohibiting discrimination in federally assisted programs or activities; • Limited English Proficiency (LEP) guidelines; and, • Equal Employment Opportunity Plans (EEOP). Non-profit organizations and Tribal Nations are exempt from the EEOP requirements; however, they must complete the EEOP form included as a Grant Agreement Exhibit. 22 These processes include notification of nondiscrimination policy, responding to discrimination complaints, and civil rights training and are required of recipients of VAWA funding through CVSSD. Civil Rights Training Certification is required to be updated every two years and uploaded int E- Grants before the grant agreement is signed. 4. Comply with Non -Discrimination Provision. Sub -recipients must comply with the Violence Against Women Reauthorization Act or 2013 prohibition from excluding, denying benefits to, or discriminating against any person on the basis of actual or perceived race, color, religion, national origin, sex, gender identity, sexual orientation, or disability in any program or activity funded in whole or in part by the Office on Violence Against Women (OVW). Under any program or activity funded in whole or in part with VAWA funds no person shall, on the basis of actual or perceived race, color, religion, national origin, sex, gender identity (as defined in 249 (c) (4) of title 18, US Code), sexual orientation or disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination. Exception: if sex segregation or sex -specific programming is necessary to the essential operation of a program, nothing stated here shall prevent any such program or activity from consideration of an individual's sex. In such circumstances, subgrantees may meet the requirements by providing comparable services to individuals who cannot be provided with sex -segregated or sex -specific programming. Refer to 2013 FAQs Civil Rights Non Discrimination VAWA. 5. Maintain the Confidentiality of Survivor Information. Sub -recipients must comply with the confidentiality and privacy requirements of the VAWA, as amended. The authorized representative of the sub -recipients will be required to sign the Acknowledgement of Notice of Statutory Requirement to Comply with the Confidentiality and Privacy Provisions of the Violence Against Women Act, as Amended, with the Grant Agreement. A copy of the form is available on the OVW website at: https://www_justice.gov/sites/default/files/ovw/legacy/2013/09/24/conf- acknowled eg ment.pdf. In accordance with 42 U.S.C. §13925(b)(2), applicants receiving OVW funding, and their sub - grantees, must protect the confidentiality and privacy of persons receiving OVW-funded services to support victims' safety. OVW grantees and their sub -grantees are prohibited from disclosing personally identifying information collected in connection with services requested, utilized, or denied through the grantee and their sub -grantee's programs, to any third party database without informed, written, reasonably time -limited, consent of the person, unless compelled by statutory or court mandate. In this case, grantees and sub -grantees must make reasonable attempts to provide notice to victims affected by the discloser of information. They must also take necessary steps to protect the privacy and safety of the persons affected by the release of the information. Regarding unemancipated minors or persons with disabilities lacking capacity to consent, a parent or guardian may consent to the disclosure; however, if the parent or guardian is the abuser of the minor, the person with disabilities, or the minor's other parent, he or she is prohibited from giving consent to the disclosure. Additional changes included in the 2016 Federal Register at https•//www gpo gov/fds�s/pkg/FR-2016-11-29/pdf/2016-28437.pdf For further explanation and clarification read the OVW Frequently Asked Questions FAQs on the VAWA Confidentiality Provision. 23 6. Promote Community Efforts to Aid Survivors of Sexual Assault. Promote, within the community, coordinated public and private efforts to survivors of sexual assault. Coordination may include, but is not limited to, serving on state, federal, local, or Tribal task forces, commissions, working groups, coalitions, and/or multi -disciplinary teams. Coordination efforts also include developing written agreements that contribute to better and more comprehensive services to survivors of sexual assault. 7. Comply with OVW Financial Requirements. Sub -recipients must agree to follow the financial and administrative requirements in the OJP Financial Grants Management Guide. This includes, but is not limited to, financial documentation for disbursements, daily time and attendance records specifying time devoted to allowable VAWA services, job descriptions, contracts for services, and other records which facilitate an effective audit. 8. Comply with the Assurances and Certifications. Sub -recipients must meet the terms of the Certified Assurances and other federal rules regulating grants, including non -supplanting and the Certifications regarding lobbying, debarment, suspension and other responsibility matters, and drug -free workplace requirements. 9. Comply with State Criteria. Sub -recipients must abide by any additional eligibility or service criteria as established by CVSSD including submitting statistical and programmatic information on the use and impact of VAWA-funded projects. 10. Not Compromise Survivor Safety and Recovery. Subrecipients must not compromise survivor safety and recovery through any of their activities. Such activities include, but are not limited to: • Developing procedures or policies that exclude victims from receiving safe shelter, advocacy services, counseling, and other assistance based on their actual or perceived age, immigration status, race, religion, sexual orientation, gender identity, mental health condition, physical health condition, criminal record, work in the sex industry, or the age and/or gender of their children; • Crafting policies that deny individuals access to services based on their relationship to the perpetrator; • Crafting policies or engaging in practices that impose restrictive conditions to be met by the survivor in order to receive services; and • Crafting policies that require the victim to report the assault to law enforcement. 11. Compliance with the Federal Funding Accountability and Transparency Act (FFATA) of 2006. As of January 1, 2009, all recipients of Federal VAWA funds, and their sub -contractors, must comply with the Federal Funding Accountability and Transparency Act (FFATA) of 2006. The Transparency Act requires the federal government to have a single, searchable website. This website must be accessible by the public without cost, for each federal award of $25,000 or more over the life of any sub -award (i.e., VAWA grant award period). All successful applicants will be required to acquire or renew registration with the System for Award Management (SAM), if you have not already done so. SAM is the repository for standard information about federal financial 24 assistance applicants, recipients, and sub -recipients. OJP requires that all applicants (other than individuals) for federal financial assistance maintain current registrations in the SAM database. Applicants must update or renew their SAM registration annually to maintain an active status. Information about SAM registration procedures can be accessed at: www.sam.gov. (If an error message occurs, try a different browser; this is the correct link). 12. Equal Employment Opportunity Assurance of Compliance — Compliance is required with the following federal laws which prohibit discrimination on the basis of race, color, national origin, religion, sex, age or disability. These are Title VI of the Civil Rights Act of 1964; Omnibus Crime Control and Safe Streets Act of 1968; Section 504 of the Rehabilitation Act of 1973; Title II of the Americans with Disabilities Act of 1990; Age Discrimination Act of 1975; and the Title IX of the Education Amendments of 1972. 13. Accommodations and Language Access. Applicants are encouraged to support activities that ensure individuals with disabilities and Deaf individuals and persons with limited English proficiency have meaningful and full access to their programs. For example, grant funds can be used to support American Sign Language (ASL) interpreter services, language interpretations and translation services, or the purchase of adaptive equipment. Applicants proposing to use grant funds to create websites, videos, and other materials must ensure that they are accessible to person with disabilities. 14. Non -supplanting of Funds. Federal funds cannot be used to supplant (replace) other existing funds. Funds presently appropriated for the project may not be deliberately decreased due to additional federal funds. E. STATE REQUIREMENTS 1. Grant Management Handbook. Comply with VAWA program guidelines as written in the most recent version of the VAWA Subaward Handbook. 2. Financial, Progress and Statistical Reporting. Applicants will submit quarterly financial reports; and semi-annual and annual statistics as well as narrative reports on services provided specific to the staff positions supported by VAWA funds. Applicants providing direct services to victims also will submit semi-annual common outcome measures. More detailed information can be found in Section VII.C. of this RFA. 3. Confidentiality Policies and/or Procedures: Maintain and enforce policies and procedures that protect the confidentiality and privacy of persons receiving services and that prohibit disclosure of Personally Identifying Information (PII) or individual information collected in connection with services requested, used, or denied without the informed, written, reasonably time -limited consent of the person whose information will be disclosed. Non -personally identifying information may be shared in the aggregate for reporting purposes. Policies will be reviewed during site visits. You must become familiar with and adhere to the PII Breach policy; policy and forms are located on the CVSSD website. 25 4. Training Requirements. Applicants must ensure that STOP VAWA-funded staff and volunteers providing direct services to victims of domestic and sexual violence, stalking and/or dating violence complete a 40-hour training program that most appropriately covers topics relevant to the STOP VAWA funded staff position (s): (i) Attend training that meets the requirements adopted by the Department of Human Services (DHS) Advisory Committee (Non-profit, non -governmental victim service programs applying for the benefit of law enforcement or prosecution must meet this training requirement): https://www.doj. state. or.us/wp- content/uploads/2020/01/CVSSD and DHS Training Requirements of Grantees Ser ving Survivors of DV SA.pdf; or (ii) Attend the Oregon Basic State Victim Assistance Academy (SVAA) training (District Attorney Victim Assistance Program staff must meet this training requirement); https://ncvli.org/what-we-do/oregon-svaa/or (iii)Attend the Sexual Assault Training Institute (SATI) training: Sexual Assault Training Institute ,oregonsatf.org or https:Horegonsatf.org/calendar/trainjUL/ or (iv) Complete the Office for Victims of Crime (OVC) Victims Assistance Training Online (VAT Online) or a training program that minimally covers the topics included in VAT Online: https://www.ovettac.gov/views/TrainingMaterials/dspOnline VATOnline.cfm; or (v) Submit a 40-hour training plan for CVSSD approval that covers topics relevant to the STOP VAWA-funded staff position(s), which may be derived from other domestic and/or sexual violence training; the DHS Advisory Committee adopted training requirements described in subsection (i) of this Section, SVAA described in subsection (ii) of this Section, SATI described in subsection (iii) of this Section, VAT Online described in subsection (iv) of this Section, and additional population -specific topics. (a) STOP VAWA-funded staff providing direct services is encouraged to attend the CVSSD- sponsored Crime Victims Compensation Training at least once every four years. (b) Grantee shall notify CVSSD when any staff training is completed by updating the Staff Roster in CVSSD E-Grants. (c) Grantee shall attend all appropriate CVSSD-sponsored training unless specific written permission excusing attendance has been obtained from CVSSD. G. AVAILABILITY AND DURATION OF FUNDING Through the Violence Against Women Act (VAWA) Formula Grant Program, the Oregon Department of Justice (DOJ), Crime Victim and Survivor Services Division (CVSSD) will award approximately $3,641,468 in federal grant funds in FY 2023 for a 3-year grant award period from January 1, 2023 — December 31, 2025. 26 The funds will be awarded to projects under the following categories: • Approximately $3 million available for both of the law enforcement and prosecution allocation categories. Applicants may request a maximum of $400,000 to support projects in either of these allocation categories; and • A total of $320,083 for the court allocation category (along with any unexpended grant funds from the current noncompetitive award). Note: Of the $3,641,468, a minimum of $923,000 will be earmarked for a mandated sexual assault set aside. Other fiscal considerations: • Applicants may apply for funding up to 36 months, operating during the award period. • Federal allocation requirements mandate the VAWA funding distribution. • A maximum of $400,000 may be requested. The number of applications received, and the availability of funds are a few of the factors that influence the number and size of awards. 27 The following instructions are intended to guide the applicant in completing the 2023 - 2025 VAWA Competitive Grant Application. A. GENERAL APPLICATION INSTRUCTIONS Applications will be completed and submitted entirely through the CVSSD E-Grants system. 1. E-Grants Agency and User Registration. All eligible agencies must first register in the CVSSD E-Grants system. Applicant Organizations are only required to register one time; there is no need for multiple Organization accounts within the Oregon CVSSD E-Grants system. Only the "Authorized Official" can create a user account and gain access to the CVSSD E- Grants system. 2. If you are a new applicant and currently do not receive CVSSD grant funds you must: a. Register in the CVSSD E-Grants system at www.CVSSDegrants.com. Please refer to the drat CVSSD Grant Applicant User Guide to assist you through the registration process. Click here to access the E-Grants Applicant User Guide. b. Please allow 24 hours to process your registration. 3. CVSSD E-Grants Registration or Updated Organization and Member Information: All applicants must register in the CVSSD E-Grants system or update the Organization and Member Information in the CVSSD E-Grants system by August 31, 2022. Eligible applicants are only required to register one time in CVSSD E-Grants. There is no need for multiple accounts within the CVSSD E-Grants system. However, organizations registered in CVSSD E-Grants must review and update the organization's contact and member profile information including deactivating staff no longer associated with the organization. This process should be completed prior to initiating the application. Please see the drat E-Grants User Guide for more information on how to do this. 4. Current CVSSD grant recipients must be in compliance with all current grant requirements, including all reporting requirements, to be considered for this funding. 5. The Forms section is where the vast majority of the written work for an application is completed. Applicants will supplement content in the Forms by uploading specific documents. 6. Completing and saving individual forms is not the same as "submitting" the application. Applicants must be sure to CHANGE THE STATUS of their application to "Application Submitted" when all forms have been completed and all errors are corrected. 7. All required documents for this application are stated in CVSSD E-Grants. Please DO NOT attach any documents that have not been requested unless directed by CVSSD. 8. A "Fiscal Officer" is the person in the organization who is legally responsible for reporting on the financial activities of the organization. This person also makes sure that the fiscal records comply with Generally Accepted Accounting Principles (GAAP), VAWA guidelines and all other requirements as stated by CVSSD. 9. CVSSD has the right to make or deny an award without prior communication with the applicant. 10. By submitting an application, an agency agrees to comply with all CVSSD grant Agreement requirements. An example of a VAWA Grant Agreement is available on the CVSSD website at: https•//www doj state or us/crime-victims/grant-funds-programs/stop-violence-against-women-act- vawa-fund/ under "Additional Resources". B. TECHNICAL ASSISTANCE REGARDING THE CVSSD E-GRANTS SYSTEM 1. Technical assistance regarding CVSSD E-Grants can be obtained by: a. Accessing Form Instructions in the Request for Application section of the Application menu; b. Using the CVSSD E-Grant Applicant User Guide; c. Contacting the CVSSD VAWA Grant staff as listed on page i for assistance with the application contents; d. Contacting the system Help Desk for system technical assistance, which is available: Monday — Friday lam to 5pm, Pacific Standard Time, at 1-866-449-1425 or email azhelpdeskkagatesoftware. com. 2. Applications must be submitted electronically through the CVSSD E-Grants system. The application is due on Monday, September 12, 2022, by 11:59 p.m., Pacific Standard Time. The application will not be accessible after the above mentioned time. Once an application is submitted it will become a "read-only" document and cannot be changed. CVSSD staff will not be available to assist an applicant after 5:00 p.m. on Friday, October 4, 2019. 3. Late applications will NOT be accepted. For information on Submitting your Application see the CVSSD E-Grants Applicant User Guide. 4. The CVSSD staff will respond to questions with respect to RFA clarifications and the VAWA competitive grant process. However, CVSSD staff cannot review and edit grant applications before they are submitted. 29 A. KEY THINGS TO REMEMBER WHEN COMPLETING THIS APPLICATION 1. After saving a form, if there are errors, CVSSD E-Grants will provide error messages at the top of a page directing the applicant to errors on a form. 2. The CVSSD E-Grants system will not allow an application to be submitted with error messages on any form within the application. 3. Required fields have an asterisk (*), however, other fields may need to be completed as well. 4. For radial button selections, click once to mark or change your selection, double-click to remove the selection completely. 5. Remember to click "Save" frequently to save the information you have written. The system will not save information if you go to the next page without saving. Click on "Save" every time you think of it. If you have required content not yet completed, you will receive error messages when you save. This is ok. Those messages will be resolved as you complete the required content. 6. If the system is left idle it will time out in one hour. One keystroke will re -start the one hour "idle" time clock. Should the system time out, any unsaved information will be lost. 7. An applicant may want to consider completing narrative sections in a word processing program and pasting it into the appropriate section. Since the text boxes have limited character counts, using the character counting tool in a word processing program when creating your response may be helpful. Please see the CVSSD E-Grants Applicant User Guide: Application form completion: Copy and Paste for additional information on this topic. 8. Consider having someone other than the writer of the grant, review the application. 9. CVSSD recommends submitting the application at least one day prior to the closing date to avoid any unanticipated technical problems. Instructions for completing all FORMS in this application can be found by reviewing Application Instructions. B. PROJECT INFORMATION: FORMS A - M The CVSSD E-Grants system allows the applicant to check the status of each form and see when the particular form was first created and last modified. When a form is complete, click on the button "mark as complete" and the icon next to the form name will show a check mark. This is an internal process and helps the applicant know when a form is complete. As each form is saved, the system will inform the applicant if there are errors. An 30 Applicant will be unable to submit the application until the errors are corrected in the application. General Application Contents. Each applicant is required to complete the Application Contents Forms A — S. Please note that you will only complete one Project Description Form under question 4 on Form A. Cover Page. Based on your response your application will include either Form G. Direct Services, H. Training, or I. Policies, Procedures and Protocols. Form M (Attachment to Upload) is for use in attaching and uploading required documents. Form C pertains only to applicants selecting the Sexual Assault category on the Cover Page and must be completed if the form appears in the Forms Menu. Form K will need to be completed if an applicant is proposing a collaborative MOU and/or contract or subaward. All non-profit, non -governmental applicants applying for the benefit of law enforcement or prosecution are required to upload an MOU. Both government - based applicants and those applying for the benefit of law enforcement and prosecution are required to demonstrate consultation and planning among and between victim service programs, law enforcement, prosecution and courts through a Letter of Consultation on Form M. CYROJECT BUDGET: FORMS N-S Each applicant is requested to submit a 3-year budget. When determining the amount of funding to request, applicants should carefully consider the estimated total program funding available, the number of grants CVSSD expects to award, and the resources needed to successfully implement the proposed project. Applicants are encouraged to present a realistic budget that accurately reflects project costs. CVSSD has the discretion to award grants for greater or lesser amounts than requested and to negotiate the project specific goals, objectives, activities, performance measures, and budget with applicants prior to awarding a grant. A list of unallowable and out -of -scope activities can be found in Section II.B.5. of this RFA. Please review this section carefully before completing the project budget. The most recent version of the OJP Financial Grants Management Guide provides additional financial program guidance and should be used in conjunction with other federal applicable rules and regulations. Applicants should consider personnel salary and benefit increases when preparing project budget requests for the 3-year project award period. Form S is an auto -fill budget summary page. All budget amounts and match will be summarized from forms N - R and shown on the Budget Summary page. 31 D.ATTACHMENTS An additional "Attachments" form is shown at the end of the Forms Menu. This page is to be used only if there are insufficient upload spaces in prior sections or with special permission from CVSSD to upload additional documents. This is a "multiple page" form, so multiple copies of this form can be completed. Once the first attachment is uploaded and the page has been saved, click on the "Add" button at the top of the form to complete an additional copy of the attachments page. Please see the "Application Form Completion" section of the CVSSD E-Grants Applicant User Guide for additional information. 32 VAWA Competitive grant applications must be submitted electronically through the CVSSD E-Grants system. Applications will only be accepted through the CVSSD E-Grants system. For instructions on how to submit your application, please review the "Submitting your Application" section of the CVSSD E-Grant Applicant User Guide. THE APPLICATION IS DUE ON: MONDAY, SEPTEMBER 12, 2022 BY 11:59 P.M., PACIFIC STANDARD TIME IT IS IMPORTANT TO NOTE THAT ONCE AN APPLICATION IS SUBMITTED IT WILL ENTER INTO A "READ-ONLY" STATUS AND CANNOT BE CHANGED. NO LATE APPLICATIONS WILL BE CONSIDERED FOR FUNDING. Failure to begin the registration or application process in sufficient time is not an acceptable reason for a late application submission. The applicant should begin the application submission process 48 hours, but not later than 24 hours, prior to the application deadline. This will allow for sufficient time for the applicant to contact the appropriate individuals and take corrective action should unforeseen technical issues arise. 33 A. APPLICATION REVIEW PROCESS This is a competitive application process. CVSSD will conduct an impartial review of the applications received in response to this RFA. CVSSD Fund Coordinators will complete an initial review of minimum qualifications including an internal compliance review of financial and programmatic reporting. Separate review teams for law enforcement and for prosecution will review, evaluate, and score each application. The teams are comprised of CVSSD Advisory Committee members as well as government and community partners and subject -matter experts. The final scores are presented to the CVSSD Advisory Committee. The Advisory Committee makes final recommendations to CVSSD for funding. CVSSD staff present the Advisory Committee's recommendations to the Oregon Attorney General for final approval. Applications will be evaluated and scored on the completeness, quality, and applicability of their content in the following steps: Step 1: Evaluation of Minimum Qualifications (Pass/Fail) Step 2: Evaluation of Application by Review Teams (scored) Step 3: Ranking of Applications by allocation category Step 4: Recommendations Step 5: Selection and Notification Step 1. Evaluation of Minimum Qualifications. CVSSD Fund Coordinators will review all applications for Minimum Qualifications (MQ) on a pass/fail basis, to determine if each Application meets the Minimum Application Qualifications. All forms A — S are required to be completed (exceptions are Forms C; G, H or I; and K which will be completed as appropriate). Applicant's failure to comply with the instructions or to submit a complete application may result in the application being deemed non -responsive. Only those applications determined to be responsive to the Minimum Qualifications shall be considered for further review and scored by the Review Teams as detailed in Step 2. Step 2: Evaluation of Applications a. Standard Points. Up to one hundred standard (100) points will be awarded to each application based on the Scoring Table provided in Section W.B. The Review Teams will score all applications according to how the applicant provided a comprehensive response to each of the questions in Forms C (as applicable), G — I, J, K (as applicable), L and M - S. Reviewers will also evaluate if the applicant presents a realistic budget �� that accurately reflects project costs and if the budget credibly represents the resources needed to successfully implement the proposed project. a. Standard Points: Up to one hundred (100) standard points will be awarded to each application based on the Scoring Table provided in Section VI.B. below. The Review Teams will score all applications according to how well the applicant responded to each of the questions in Forms A - M. The Review Team will also evaluate if the applicant presents a realistic budget that accurately reflects project costs and if the budget credibly represents the resources needed to successfully implement the proposed project. The Review Team members will assign standard points. Standard points assigned by each Review Team member shall be added together (includes up to 15 points assigned during the MQ review) and divided by the total number of Review Team members to compute an average score for the application. The application must receive a minimum average score of 75 to be considered for funding. b. Bonus Points for Delivery of Services in Frontier Counties. - Applicants qualifying for bonus points as a frontier county must receive a minimum of 75 standard points to receive bonus points. Up to five (5) bonus points may be awarded to applications submitted by applicant's meeting the frontier definition and bonus point criteria described below. Oregon is a state of great economic and geographic diversity. While that diversity brings us strength, it also challenges us to meet the needs of all communities, both urban and rural. As stated in Executive Order No. 07-02, "Rural Oregon communities are in need: unemployment in those communities is often many percentage points higher than the state average; Rural Oregon communities have significant threshold issues to overcome to compete with urban communities for economic and community development resources; the lack of an industrial base in most rural communities makes funding for education, health care, economic development and other social services more difficult to attain; and finally, Rural Oregon communities often lack administrative mechanisms and infrastructure to share information and to collectively construct solutions to its problems." Executive Order No. 07-02 defines four rural geographic distinctions: frontier rural, isolated rural, rural, and urban rural. The National Center for Frontier Communities, http://frontierus.org/aboutus.php, the only national organization dedicated to the smallest and most geographically isolated communities in the United States, espouses that "the unique characteristics of frontier communities require special consideration in both policy and market -driven investments to guarantee access to key services and a healthy future for the frontier." There is no single, universally preferred definition of rural, nor is there a single rural definition that can serve all purposes. Many definitions have been developed by different agencies, U.S. Census Bureau, U.S. Department of Agriculture, U.S. Office of Management and Budget, to name 35 a few. All have strong and weak points and all are used interchangeably for various purposes by government agencies depending on which one best fits their programmatic goals. CVSSD recognizes that the majority of counties in Oregon include rural areas, however, for the purpose of awarding VAWA funds, CVSSD, in consultation with the CVSSD Advisory Committee, has selected to use a narrow frontier county -based definition promulgated by the National Center for Frontier Communities. Counties are designated as frontier based on total population, total land and water area, and population density. In Oregon, there are ten (10) counties that meet this narrow definition: • Baker • Malheur • Gilliam • Morrow • Grant • Sherman • Harney • Wallowa • Lake • Wheeler CVSSD believes that awarding bonus points to frontier counties is an effective method for addressing issues cited in Executive Order No. 07-02, the special considerations espoused by the National Center for Frontier Communities, as well as the OVW requirement to equitably distribute grants and grant funds within the state and between urban and rural area. Applicants qualifying for bonus points have to pass the Minimum Qualifications as described in Section VIA. Step I and receive a minimum of sevenb� (75) standard points as described in Section VIA. Step 2 in order to qualify for bonus points. Applicants proposing to deliver services in only one or more of the ten (10) counties meeting the frontier definition described above may be eligible for up to five (5) bonus points. Applicants proposing to deliver services in one or more of the ten (10) counties meeting the frontier definition described above and in a geographical area outside of the defined frontier counties may be eligible for up to five (5) bonus points. c. Bonus Points for Proposed Use of Grant Funds for Sexual Assault Activities. Applicants qualifying for five (5) bonus points for their "proposed use of grant funds for sexual assault activities" must receive a minimum of 75 standard points. Up to five (5) bonus points may be awarded to applications submitted by applicants meeting the bonus point criteria described below. Applicants respond to the questions listed on Form C. Sexual Assault Services. Applicants include SA funding in their budgets. Applicants demonstrate meaningful delivery of sexual assault services. ✓ Provides examples of community leadership and accomplishments on sexual violence issues; ✓ Demonstrates broad training in sexual assault for all staff, ✓ Funds budgeted for sexual assault -specific staffing and services; 36 ✓ Addresses "ten components" in current and future efforts; and. ✓ Incorporates discussion of sexual assault services throughout the application. Applicants qualifying for bonus points have to pass the Minimum Qualifications as described in Section VIA. Step 1 and receive a minimum o seventy(75) standard points as described in Section VIA. Step 2 in order to qualify for bonus points. Step 3. Ranking of Applications. The Review Team (s) will use the standard points awarded to each application to rank each application. After ranking applications based on standard points, bonus points will be awarded, based on the definition described in Section VI.A.2.b and c., resulting in the final ranking of the applications. CVSSD reserves the right to consider applicant performance and compliance on prior or current CVSSD grants in making final award decisions. Step 4. Recommendations. Each Review Team will present final scores and ranking to the CVSSD Advisory Committee. The CVSSD Advisory Committee will make funding recommendations to CVSSD. CVSSD staff will forward award recommendations to the Oregon Attorney General, or her designee, for final award decisions. Step 5. Selection. CVSSD will notify each applicant of its selection status by electronic mail by the estimated award notification date of December 1, 2017. B. APPLICATION SCORING The application must receive a minimum average score of seventy-five (75) of the possible one hundred (100) Standard Points to be considered for funding. Applicants who qualify for bonus points must receive a score of eighty (80) of the possible one hundred (100) Standard Points to be eligible to receive bonus points. The Review Team will assign points to its evaluation of each application as follows: General Considerations: • Is easy to read and understand. • Project meets at least one federal statutory purpose area; one state primary focus area (direct services; training; or policies, procedures and protocols); and responds to required state funding priorities. • Gives a clear picture of the overall project. • Sufficiently details the proposed project activities. • Completes each section of the application. • Proposes a cohesive project. 37 Project Description: Specify what will be done, who (individuals and organizations) will do it, and when it will be accomplished. If you propose utilizing grant funds to support sexual assault services, you should speak to that throughout your application. As applicable, the project description includes information about the MOU and any subawards or contracts as described below. • Gives objective, factual information and avoids giving subjective information and generalizations • Demonstrates how the agency provides meaningful access to services; • Comprehensive description of underserved and marginalized populations and/or Tribal Nations or culturally -specific community to be served; • Demonstrates experience and expertise in delivering services that benefit the underserved 50 and marginalized populations, Tribal Nations, population -specific or culturally -specific population; • Sufficiently describes why this project is needed and how it will address the problems related to domestic or sexual violence, stalking or dating violence facing the identified population; • Identified gaps are well defined and/or locally documented by statistics/data; • Provides a comprehensive description of the specific population (s); • Has activities planned that respond directly to the needs of the identified target population; • Describes the services offered to target population(s); • Describes how applicant will provide the services, including any start-up activities; • Benefit to identified population is convincing; • Demonstrates community partnerships or collaborations necessary to implement the proposed project (includes MOU and responses to Form B. question 2.a.i and ii.); • Gives objective, factual information; • As appropriate, demonstrates that currently funded project has met accomplishments and benefitted targeted population(s); Responses to questions about use of grant funds in a secondary focus to their proposed project will be reviewed with the applicant's primary focus in the Project Narrative section. MOUs for any purpose will be considered as part of the project description. The MOU is required for applicants applying for the benefit of law enforcement or prosecution. As applicable, applicants submitting MOUs to demonstrate formal partnerships without an exchange of grant funds will also be considered as part of the project description. Memorandum of Understanding (MOU) • Comprehensive description of the roles and responsibilities of the applicant's partnerships with law enforcement, prosecution, courts, community, tribal and/or government -based victim service programs as well as other key collaborative partners. This includes collaboration with underserved, marginalized and oppressed communities and populations and Tribal Nations. • Demonstrates community partnerships or collaborations necessary to implement the proposed project; and • Demonstrated coordinated community response with partners. WA Subcontracts and Subawards If applicable, properly establishes and executes contracts for ancillary goods or ervices; If applicable, properly establishes and executes Subawards to carry out one or more ervices of the grant funded project. onses to subcontracting questions and uploaded subcontracts or subawards will be reviewed the applicant's Project Budget as well as the Project Description if an applicant proposes mtracting or subawarding grant funds. 15 Project Specific Goals, Objectives, Activities and Performance Measures: • Provides goal(s) and objectives consistent with the project description, need statement and priority focus area the applicant has selected; • The proposed activities address the problem or need and linked to the objectives; • Outputs and outcomes measure the proposed project activities; and • Directly connects the outcome to the objectives. • Continuation projects clearly identify any baseline data that exists from the most recent prior year of the project; and • All projects clearly identify project objectives (measure change as a result of implementing the proposed project). Community Collaboration: Total points for this section is 15 Collaboration (Letter of Consultation and responses to Form B. Questions 2.a. i and ii.) • Demonstrates collaboration and coordinated community response with partners included in, the proposed project (law enforcement, prosecution, courts, community, tribal and 15 government -based programs); • Describes the current and proposed consultation and planning among and between other collaborative partners (multi -disciplinary teams/members, etc); • Demonstrates partnerships with organizations serving identified marginalized, oppressed and underserved population (s) as well as population and culturally specific organizations; and • Demonstrates strengthened partnership as a result of the collaboration in proposed project. Example: Increase in victim safety due to the actions of law enforcement investigating and enforcing restraining orders. 20 Project Budget and Budget Summary: • Budget and match contributions, if applicable, are directly related to the proposed project; • Budget and match contributions, if applicable, reasonably supports the proposed projf activities. • FTE of the staff position(s) to be funded matches the project description and staff roster; • Presents a reasonable and accurate budget; • Includes budget items that are allowable according to VAWA guidelines; and • Clearly explains the proposed budget expenditures. R C. RESERVATION OF RIGHTS CVSSD reserves the right to: 1. Seek clarifications of each application and award a grant agreement without further discussion of the applications submitted; 2. Reject any and all applications received by reason of this request, or to negotiate separately in any manner necessary to serve the best interest of the public; 3. Determine, with sole discretion, whether an application does, or does not, substantially comply with the requirements of this RFA; and 4. To waive any minor irregularity, informality, or non-conformance with the provisions or procedures of this RFA. D. REVIEW OF AWARD DECISIONS Informal Review Applicants may request informal feedback and technical assistance regarding their grant application any time after receiving notification of the award decision. Contact the CVSSD Fund Coordinator assigned to you for additional information regarding this process. Formal Review An applicant has a right to a review of the award decision with regard to its application. Each applicant will be informed of the review procedure at the time a decision is made regarding its application. • Each applicant will be informed of this review procedure at the time a decision is made regarding its application. • No applicant will be subject to reprisal for seeking a review of an award decision. • An applicant may request a review by making a written request to a Fund Coordinator within 7 calendar days after receiving notification of the award decision. • When CVSSD is notified that an applicant has requested a review, a meeting will be scheduled for the applicant to meet with a CVSSD Fund Coordinator and up to 3 members of the Advisory Committee. Every effort will be made to have this meeting occur within 14 calendar days of the receipt of the request. The Fund Coordinator will notify applicant of the result of the meeting within 5 days after the meeting has been held. • If the matter is not resolved through the above -described procedure, the applicant can request a review of the issue by the Attorney General or her designee. The applicant should make a no] written request for such a review through the Director of the CVSSD within 7 calendar days following notification of the results of the meeting described in the preceding paragraph. Every effort will be made to have a final decision by the Attorney General or designee within 14 days of receipt of the request. MI A. GRANT MONITORING CVSSD will monitor each program receiving CVSSD awards. The objective of monitoring is to support program development, provide technical assistance, and assure that the subrecipient is: a) providing services as described in this RFA and grant agreements; b) spending grant funds as agreed; c) working towards funding objectives; and d) following appropriate fiscal procedures. CVSSD monitoring includes financial and administrative risk assessments, one or more financial report verifications, policy and procedure reviews, and on -site visits. The process flow chart is available here. B. AWARDS CONDITIONS 1. Conditional Awards a. Timely Completion of Grant Award Documents: All grant awards are made conditional upon the timely completion of grant award documents. Funds are not considered obligated and will not be transferred until all required grant award documents have been signed by an applicant and by the Department designee. If grant award documents are not completed by an applicant within three months of the notice to the applicant of the intended award, CVSSD may withdraw the award and has the authority to reallocate the funds that were conditionally awarded to the applicant. b.Otber Conditions: All Grant Agreements issued by CVSSD include conditions that must be satisfied by both parties to the Agreement. In addition, CVSSD may include additional conditions when circumstances exist that require a further showing of applicant's ability to successfully manage an award. For example, an award may be made conditionally if the grantee is not current in reporting for any previous grant award; has fewer than two full years of operational history in providing services to victims; has not fully demonstrated the ability to successfully manage any previous CVSSD awards; or has not demonstrated stability as required by this RFA. Examples of such additional conditions may include, but are not limited to a requirement of more frequent reporting to assure timeliness and accuracy or additional reports to document that grantee is successfully addressing an area of concern. If one or more of these conditions exist, the applicant will be notified that a conditional award has been approved, and shall specify the conditions to be satisfied by the applicant and the date by which the conditions must be satisfied. When additional conditions are included in a Grant Agreement, Grantee's failure to satisfy those conditions shall be governed by the default and termination provisions included in the Grant Agreement. 42 C. REPORTING REQUIREMENTS In addition to the conditions specified in the preceding section ("Conditional Awards") and as a condition of receiving a VAWA grant, recipients must adhere to the financial guidelines set forth in the fund specific CVSSD Grant Agreement. An example of a VAWA Grant Agreement can be found on the CVSSD website at: https://www.doj.state.or.us/crime-victims/grant-funds-programs/stop- violence-against-women-act-vawa-fund/ All CVSSD Grant Agreements provide that subrecipients who fail to meet any of the reporting requirements included in this section (financial, narrative and/or statistical) shall be considered to be in default under the agreement. In such a case, CVSSD has the right to terminate the award. CVSSD may also reduce the award proportionately to the period for which reports were not submitted in a timely manner. Please see Section 5 of the Grant Agreement for reporting requirements and Section 6 for the "Termination and Default" section of the CVSSD Grant Agreement for additional information. Reporting for this application will be done completely through the CVSSD E-Grants system. See the reporting schedule at the end of this section. Details and training on reporting within the CVSSD E- Grants system will be provided by CVSSD staff. 1. Financial Reporting CVSSD operates funding for the VAWA Grant Program on a reimbursement basis, meaning that grant funds are paid to grantee agencies after expenditures have been incurred. Payments to grantees are made when CVSSD receives a Quarterly Financial Report (QFR) form, as described in the sample CVSSD Grant Agreement for VAWA. The QFR that is due by January 3 Vt must be accompanied by the required OVW Statistical Annual Progress Report for VAWA (Muskie Report). CVSSD Common Outcome Measures Quarterly Reports for subgrantees providing direct services must also be submitted in order for payment to be made. 2. Narrative Reporting Requirements Each grantee must submit a semi-annual narrative report on grant -funded activities. Semiannual narrative reports are not a substitute for other specifically required report information (i.e., reporting staff turnover, approval of specific expenditures, requests to amend budgets, seeking CVSSD approval for out of state training, etc.). 3. Statistical Reporting Requirements CVSSD requires that VAWA grantees report statistical data on an annual basis. Statistics are collected on the VAWA Annual Performance Report form provided by OVW found at: https://www.vawamei.or /g_ rg ant-program/stop-formula- rg ant -pro rg am/ All statistical data must be as accurate as possible and grantees must be able to distinguish between new and ongoing clients. It is essential that the proper data be collected and reported as the data will be used to comply with both state and federal reporting requirements. Grantees must carefully consider who their VAWA grant clients or activities are in order to accurately collect and report relevant data. In general, clients are "identifiable individuals who receive direct 43 services by the staff resources reflected in the VAWA grant budget." The following should be taken into account when determining how to collect VAWA statistics: • Contacting the public individually, in groups, in person or otherwise, with information about the availability of services may be an important outreach activity, but does not constitute the actual provision of direct services; persons so contacted are not clients unless they actually receive the direct services offered through the VAWA grant; and • Clients must be individually identifiable in order to ensure that data is unduplicated and to collect the necessary civil rights compliance information. The only exception is "Number of Phone Contacts." See the most recent version of the VAWA Annual Progress Report Form and Instructions for guidance on statistics and narrative reporting. The VAWA Grant Management Handbook will include additional information. A copy of the STOP VAWA Annual Progress Report Power Point Training can be accessed at https://www.doj.state.or.us/crime-victims/grant-funds- programs/stop-violence- against-women-act-vawa-fund/ 4. Reporting on CVSSD Common Outcome Measures (for Direct Service Projects Only) VAWA grant recipients providing direct services are required to collect feedback on services provided using prescribed common outcome measures. These measures and the client feedback process will be part of the CVSSD reporting requirements. 5. Maintain Civil Rights Information Upon award, each grantee is required to maintain statutorily required civil rights statistics on survivors' services by race, national origin, sex, age, and disability. This requirement is waived when the grant recipient is providing a service such as crisis line where soliciting the information may be inappropriate or offensive to the survivor. Civil rights statistics must be kept on file along with other VAWA grant documentation and must correspond with each grant period. The information will be reviewed during onsite visits or at the request of the Federal Administrator of VAWA Funds of the Office on Violence Against Women. 6. Reporting Schedule D. PAYMENT OF AWARDS VAWA grant award payments are made on a reimbursement basis, meaning that grant funds are paid to grantee agencies after expenditures have been made. Payments to grantees are made when CVSSD receives a Quarterly Financial Report form and all required accompanying reports. Sample language as to the payment of VAWA awards and the conditions precedent to payment are included in the draft CVSSD VAWA Grant Agreement which can be viewed under Additional Resources on the CVSSD website: https•//www doj.state.or.us/crime-victims/grant-funds-programs/stop-violence-against-women- act-vawa-fund/. As stated in the sample Grant Agreement, all payments are contingent upon funds being appropriated and available for distribution. 45 APPENDICES M EXHIBITS 47 John Hummel district ,attorney 1164 NW Bond Street » Bend, Oregon 97701 (541) 388-6520 • Fax: (541) 330-4691 Grand Jury Fax: (541) 330-4698 www.dcda.us September 2, 2022 Re: Roundhouse Foundation Private Donation to Victims Assistance Dear County Leadership, After the immediate aftermath of the Forum shooting, Victims Assistance was contacted by the Roundhouse Foundation wanting to provide direct funding (approximately $100,000-$115,000) to Victims Assistance to use to support the community in their efforts towards healing and safety. Roundhouse foundation supports creative solutions to the unique challenges associated with rural culture and landscapes of the Pacific Northwest. It has become apparent over the past week that our community feels most vulnerable in our schools and due to the social media presence of the shooter. With this generous donation, Victims Assistance plans on addressing these vulnerabilities by assisting with increase law enforcement presence at the schools and purchasing a 3`d parry vendor company to monitor social media presence for potential threats of harm. We are deeply honored that The Roundhouse Foundation has entrusted us with their funds and assisting in restoring a self of healing and safety in our community. Please reach out if you have any questions. Kindly, Ashley Beatty Victims' Assistance Program Manager Deschutes County District Attorney 1164 NW Bond Street Bend, Oregon 97703 541-317-3186 www.dcda.us www.facebook.com/deschutesDA