2023-154-Minutes for Meeting April 19,2023 Recorded 5/23/2023T E S COG
2� BOARD OF
COMMISSIONERS
1300 NW Wall Street, Bend, Oregon
(541) 388-6570
11 A 1
Recorded in Deschutes County CJ2023-154
Steve Dennison, County Clerk
Commissioners' Journal 05/23/2023 1 :20:19 PM
2023-154
WEDNESDAY April 19, 2023
FOR RECORDING STAMP ONLY
Barnes Sawyer Rooms
Live Streamed Video
Present were Commissioners Tony DeBone, Patti Adair and Phil Chang. Also present were Nick Lelack,
County Administrator; Kim Riley, Assistant County Counsel; and Brenda Fritsvold, BOCC Executive
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 DeBone called the meeting to order at 9:00 a.m.
PLEDGE OF ALLEGIANCE
CITIZEN INPUT:
• Dorinne Tye (via Zoom) complained about a lack of forethought and protection from
flight schools at the Bend Airport. She said private aviation businesses pollute the air as
well as land that belongs to others, and asked the Board to address this problem.
CONSENT AGENDA: Before the Board was Consideration of the Consent Agenda.
1. Consideration of Board Signature on letter removingJoseph Stapleton from the
Cannabis Advisory Panel and thanking him for his service
It was noted that Mr. Stapleton very recently resigned from the panel.
Move Board signature of a modified letter to Joseph Stapleton,
BOCC MEETING APRIL 19, 2023 PAGE 1 OF 7
acknowledging his resignation from the Cannabis Advisory Panel and
thanking him for his service
CHANG: Second
VOTE: ADAIR: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried
ACTION ITEMS:
2. Consideration of Document No.2023-343, an intergovernmental agreement
with the City of La Pine for the provision of law enforcement services by the
Deschutes County Sheriffs Office
DCSO Patrol Captain William Bailey and DCSO Business Managerjoe Brundage
explained that the Sheriff's Office provides law enforcement services to the City
of Sisters, and the City of La Pine has requested a similar contract.
In response to questions, Captain Bailey clarified that the IGA would provide for
dedicated DCSO personnel —a lieutenant and a deputy —to serve inside La Pine's
city limits full-time in addition to the rural patrols that will continue south of Lava
Butte.
ADAIR: Move Board approval of Document No.2023-343, an
intergovernmental agreement with the City of La Pine for the
provision of law enforcement services by the Deschutes County
Sheriff's Office
CHANG: Second
VOTE: ADAIR: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried
3. Request for Board Signature of Document No. 2023-327, Amendment #4 to
the Community Mental Health Provider (CMHP) agreement with
PacificSource
Janice Garceau, Health Services Director, explained that the amendment to the
agreement with Pacific Source would add new attachments G and H to reflect
changes in the fee -for -service monthly capitation rates (i.e., uniform per capita
payments or fees). The fees are for hospital, primary care and other services.
The new contract is estimated to total $16,800,000 for calendar year 2023 which
BOCC MEETING APRIL 19, 2023 PAGE 2 OF 7
4.
is an increase from $12,500,000 in calendar year 2022. Garceau said the increase
is in part due to the continuation of the Stabilization Center per member per
month rate into the CMHP contract as well as the mandated increased fees for
behavioral health services, which average (30%).
CHANG: Move approval of Board Signature of Document No. 2023-327,
Amendment #4 to the Community Mental Health Provider agreement
with PacificSource
ADAI R: Second
VOTE: ADAI R: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried
Acceptance of Oregon Health Authority (OHA) grant #179643 to provide
Behavioral Health workforce incentives
Holly Harris, Deputy Director of Health Services, explained the proposal to accept a
grant of $883,216 from OHA to strengthen workforce recruitment and retention.
$625,286 would be used for workforce incentives, as follows: $275,000 for housing
stipends/relocation packages for workers in the south part of Deschutes County;
$28,036 to fund the costs of expanding part-time opportunities; $125,000 to
supplement the County's tuition reimbursement program; $150,000 to offer stipends
to licensed staff who provide internship supervision; and $47,250 for program
administration. The remaining $257,930 would be used to provide stipends to
licensed clinicians who provide licensure supervision for others.
Commissioner Adair asked how long the $125,000 in tuition reimbursement is
expected to last. Harris responded the funds will be available until June of 2024, and
DCHS expects them to last until that time.
ADAIR: Move approval of Chair signature of a document accepting a grant
from the Oregon Health Authority to provide Behavioral Health
workforce incentives
CHANG: Second
VOTE: ADAI R: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried
BOCC MEETING APRIL 19, 2023 PAGE 3 OF 7
5. Revision to Homeless Solutions Partnership with the City of Bend
Laura Skundrick, Management Analyst, summarized the background of the County's
award of $1.5 million in ARPA funds to the City of Bend for a homeless solutions
partnership.
Amy Fraley, Senior Program Manager - Houselessness Services for the City of Bend,
said although the agreement that was entered into in 2022 anticipated that these
funds would be used for two outdoor shelters, it allowed funds to be utilized for
other sheltering purposes should a second site not come to fruition. At this time, the
City requests authorization to allocate $750,000 of the $1.5 million to expand
operations at the Franklin Avenue Shelter.
Fraley shared that the first half of the grant was appropriated to the Central Oregon
Villages project on the corner of Bear Creek and 27th. Phase 1 of this project
involved community outreach and planning. In Phase 2, up to 20 pallet structures
are being constructed to shelter homeless persons, with women and children being
prioritized. Background checks will be conducted and abstinence required of all
participants. A mobile shower truck will be offered and food delivered daily.
Fraley then described the proposal for the Franklin Avenue shelter, sited at the
former Rainbow Motel. The facility would have 60 or more beds in 50 non -
congregate units; 24-hour staffing would be provided in addition to overnight
security, case management services and meals. The shelter would be operated by
Shepherd's House in conjunction with 26 partner agencies such as Best Care, Family
Kitchen and Mosaic Medical.
Commissioner DeBone asked if any modifications or investments are needed to
convert the motel to a shelter. Fraley expected that only regular maintenance and
other minor items will be needed. Fraley confirmed the shelter will be low barrier,
and sobriety will not be required although substance use will not be allowed on the
grounds.
Commissioner Chang asked if the new shelter will impose a length of stay limit.
Fraley expected the maximum time allowed will be six months.
Russ Grayson, Chief Operations Officer for the City of Bend, said more shelter beds
are needed in order to address encampments on public property.
Commissioner DeBone agreed that the County wants to turn the corner on
unsanctioned camping but did not support this being done through piecemeal
efforts. He questioned why the Coordinated Houseless Response Office (CHRO) is
not involved in these endeavors.
BOCC MEETING APRIL 19, 2023 PAGE 4 OF 7
Commissioner Chang said the CHRO is working on its strategic plan, which has not
yet been adopted. He advocated for places for people to receive the support and
services they need to transition out of homelessness and reminded that these
shelters are not a long-term housing strategy.
Commissioner Adair said Bethlehem Inn offers a safe situation for families with
children. She said the homeless population appears to be growing rather than
diminishing and pointed to Veteran's Village and the safe parking site in Redmond
as programs which are making a difference. She said money is not the answer and
what is needed is more assistance in the way of mental health and drug
rehabilitation services.
Commissioner Chang said attention must be paid to performance and
accountability. He appreciated that the City of Bend has shared statistics which
illustrate the progress being made at the Lighthouse Navigation Center.
Commissioner DeBone noted that the County sent a letter to the State requesting
the ability to allow, with restrictions, the siting of managed camps on rural lands
outside UGBs.
Fraley reported that the six safe parking sites in Bend have hosted 55 participants in
the last 18 months. Of these, 26 persons have moved on to more permanent
housing.
Commissioner Chang emphasized that because different programs work for
different people, a variety of approaches is needed: indoor, outdoor, congregate,
non -congregate, high barrier, low barrier, safe parking.
Commissioner Adair requested a copy of the contract with Shepherd's House when
available. Fraley said currently, the anticipated budget for one year of operations is
$847,510.45 for staffing, security, supplies, etc.
Commissioner DeBone asked how Shepherd's House came to be selected as the
contractor. Fraley said the City conducted an RFQ process followed by an RFP
process for shelter support services which resulted in a list of approved partners for
the Navigation Center and Central Oregon Villages. She expected the contract for
the Franklin Avenue shelter will be authorized as a sole source.
CHANG: Move approval of the proposed revisions to the Homeless Solutions
Partnership with the City of Bend
ADAIR: Second
BOCC MEETING APRIL 19, 2023 PAGE 5 OF 7
VOTE: ADAI R:
CHANG:
DEBONE:
OTHER ITEMS:
Yes
Yes
Chair votes yes. Motion Carried
• Commissioner Adair reported on efforts to secure the use of Bureau of Land
Management property for a landfill. She said while more research is needed,
bipartisan support exists for this proposal.
Responding to Commissioner Chang, Deputy County Administrator Whitney Hale
confirmed that the County will coordinate with staff from the County's
Congressional delegation on this initiative.
• Commissioner Adair shared she will meet with Governor Kotek's Housing and
Homelessness Initiative Director Taylor Smiley Wolfe on Friday. Commissioner
DeBone offered to attend that day's Behavioral Health Advisory Board meeting
in her stead.
• Commissioner DeBone shared that Planning Commissioner interviews took
place yesterday and another will be conducted on Monday.
• Commissioner DeBone announced a work session this afternoon on SB 644,
which would amend requirements relating to wildfire hazard mitigation for
development of accessory dwelling units on lands zoned for rural residential
use.
EXECUTIVE SESSION:
At 10:17 a.m., the Board recessed into Executive Session under ORS 192.660 (2) (d) Labor
Negotiations. At 11:21 a.m., the Board came out of Executive Session to direct staff to
proceed as discussed.
RITRUS1111101
Being no further items to come before the Board, the meeting was adjourned at 11:21 a.m.
�
DATED this �`rday of 2023 for the Deschutes County Board of
Commissioners.
BOCC MEETING APRIL 19, 2023 PAGE 6 OF 7
ATTEST:
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RECORDING SECRETARY
PHIL CHANG, C016MISSIONER
BOCC MEETING APRIL 19, 2023 PAGE 7 OF 7
v-T E S CO
MEETING DATE: April 19, 2023
SUBJECT: Revision to Homeless Solutions Partnership with the City of Bend
RECOMMENDED MOTION:
Move approval of proposed revisions to the Homeless Solutions Partnership with the City
of Bend.
BACKGROUND AND POLICY IMPLICATIONS:
In 2021, the City and County agreed to match funding at $1.5 million each to address the
need for shelter in our community. The attached contract was created for this purpose. In
the adopted scope, $750,000 is allocated/intended for a Temporary Outdoor Shelter
operated by Central Oregon Villages. Phase One, signed in summer 2022, centered on
extensive community outreach. This outreach phase lasted three months and helped
address community questions and concerns. In October 2022, the City and COV agreed to a
Phase Two with units to open in mid-May.
Per the agreement, the funds may also be utilized for other sheltering purposes should a
second site not come to fruition. The City respectfully requests utilizing $750,000 towards
the operations of the Franklin Avenue Shelter (former Rainbow Motel).
The City of Bend owns the former 50-room Rainbow Motel on Franklin Avenue in
downtown Bend. In partnership with Shepherd's House, the City proposes creating 60+
new beds of non -congregate shelter at this location. The cost will be approximately $1.2M
dollars annually for 12 months of operations. The 50 units are varied in size and layout
and are able to accommodate families. The property was purchased as part of a
redevelopment plan that is pending and the facility is vacant. The City anticipates the
former motel will be available for four years.
Two extremely vulnerable populations will have room set asides in the non -congregate
shelter:
Families with children
Medical respite
Shepherd's House is an experienced operator. Currently in partnership with the City, they
operate The Lighthouse Navigation Center which utilizes HMIS and Coordinated Entry. The
Lighthouse provides 130+ beds of emergency low barrier shelter nightly. Measurable
impacts they currently and would continue to track include transitions to more permanent
housing, shelter nights, unique clients, and day services. These are reported on monthly to
the City and quarterly to the State. The new beds will directly impact houselessness by
providing low barrier shelter as early as May if funding is secured. Shepherd's House will
provide 24/7 onsite supervision and support, case management, food service, and will
maintain a Good Neighbor Agreement with the surrounding businesses. With the support
of the County, the City is prepared and able to open the proposed shelter quickly in
response to the significant unsheltered houselessness experienced by vulnerable Central
Oregon community members.
The City anticipates opening the shelter for use within four weeks of contract execution.
The City will report quarterly to the County on this project.
BUDGET IMPACTS:
$1.5 million in ARPA funds (see attached agreement, approved in 2022)
ATTENDANCE:
Nick Lelack, County Administrator
Laura Skundrick, Management Analyst
Lynne McConnell, Housing Director, City of Bend
DocuSign Envelope ID: BB44FE1B-699C-49CF-9423-2D1653455C9F
�4sv�E� coL2 R IWED
LEGAL COUNSEL
GRANT AGREEMENT
BETWEEN DESCHUTES COUNTY and
CITY OF BEND
No. 2022-176
Program Name:
Deschutes County
Grantee:
City of Bend
Project:
Homeless Solutions Partnership
Address:
710 NW Wall Street
Bend, OR 97703
Phone Number:
541.388.5505
Contact Person:
Eric King, City Manager
Amount of Award:
$1,500,000
Duration:
11/01/2022 to 12/31/2026
1. Background
On March 11, 2021, the American Rescue Plan Act of 2021 (ARPA) become law. Funding objectives associated with
ARPA include: (a) support public health response, (b) replace public sector revenue loss, (c) investments in water and
sewer infrastructure, (d) address negative economic impact to workers, families, small businesses, impacted
industries and the public sector, (e) investments in broadband infrastructure, (f) address systemic public health and
economic challenges that contribute to unequal impacts due to the pandemic, and (g) premium pay for essential
workers bearing the greatest health risks due to service in critical infrastructure sectors.
In total, counties throughout the United States have been allocated $65 Billion in ARPA funding. Deschutes County
has been allocated and is the recipient of $38 Minion in ARPA funding.
The Grantee (subrecipient) identified in this Grant Agreement is obligated to comply with the expenditure rules
included in this Grant Agreement and ARPA, in addition to the requirements of the Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards at 2 C.F.R. Part 200. This includes cost
accounting and audit principles as well as record -keeping procedures to prevent and safeguard against the
unauthorized use of ARPA funds.
Where otherwise appropriate, ARPA funds may cover costs incurred beginning March 3, 2021, onward, and must be
obligated before December 31, 2024, and project performance completed by December 31, 2026.
2. Grant Agreement Purpose
The purpose of this Grant Agreement is to: Assist in partnership projects that provide additional temporary housing
options for those individuals and families experiencing homelessness per approval of the Board of County
Commissioners on January 12, 2022. See Exhibit A for details.
3. Grant Disbursement
The maximum not -to -exceed amount payable to Grantee under this Grant Agreement, which includes any allowable
expenses, is $1,500,000. County will not disburse funds to Grantee in excess of the not -to -exceed amount and will not
disburse funds until this Grant Agreement has been signed by all parties. Funds for the identified scope of work /
project must be obligated by December 31, 2024, and project completed by December 31, 2026.
4. Subrecipient Determination
In accordance with 2 C.F.R., 200.332, the Grantee is deemed subrecipient and obligated to comply with federal
requirements for pass -through entities.
Deschutes County / ARPA Grant No. 2022-175 Page 1
DocuSign Envelope ID: BB44FE1B-699C-49CF-9423-2D1653465C9F
S. Reporting Requirements
As applicable, Grantee shall submit reports requested by County and in accordance with the U.S. Department of the
Treasury's Compliance and Reporting Guidance for State and Local Fiscal Recovery Funds available at the following
link: https://home.treasury.gov/system/files/136/SLFRF-Compliance-and-Reporting-Guidance.pdf.
6. Effective Date and Termination Date.
The effective date of this Grant Agreement ("Agreement") shall be deemed November 1, 2022. Unless extended or
terminated earlier in accordance with its terms, this Agreement shall terminate when County confirms Grantee's
completed performance on or before December 31, 2026. Grant Agreement termination shall not extinguish or prejudice
County's right to enforce this Grant Agreement with respect to any default by Grantee that has not been cured. This
Grant Agreement may be renewed or extended only upon written agreement of the Parties.
7. Exhibits. This Grant Agreement contains the following Exhibits.
Exhibit A — PROGRAM / USES
Exhibit B— FUNDING
Exhibit C — INSURANCE REQUIREMENTS
Exhibit D — WORKER'S COMPENSATION EXEMPTION CERTIFICATION
Exhibit E — CONFIDENTIALITY AGREEMENT
Exhibit F — FEDERAL TERMS AND CONDITIONS
IN WITNESS WHEREOF, the Parties hereto have caused this Grant Agreement and attached Exhibits to be executed,
either as individuals, or by their officers, thereunto duty authorized.
CITY OF BEND DLCiS4e1"M---
Email:
APPROVED AS TO FORM:
Docu9igned by:
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City Attorney's Office
11 /16/2022
Date: -
DESCH�GOUNTY
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Deschutes County / ARPA Grant No. 2022-175 Page 2
DocuSign Envelope ID: BB44FE18-699C-49CF-9423-2D1653455C9F
STANDARD TERMS AND CONDITIONS
1. Governing Law, Consent to Jurisdiction. This Grant Agreement shall be governed by and construed in accordance
with the laws of the State of Oregon without regard to principles of conflicts of law.
A. Any claim, action, suit or proceeding (collectively, "Claim") between County and Grantee that arises from or
relates to this Grant Agreement shall be brought and conducted solely and exclusively within the Circuit Court of
Deschutes County for the State of Oregon; provided, however, if a Claim shall be brought in federal forum, then it
shall be brought and conducted solely and exclusively within the United States District Court for the District of
Oregon.
B. GRANTEE, BY EXECUTION OF THIS GRANT, HEREBY CONSENTS TO THE IN PERSONAM JURISDICTION
OF SAID COURTS. The parties agree that the UN Convention on International Sales of Goods shall not apply.
2. Compliance with Law. Grantee shall comply with all federal, state and local laws, regulations, executive orders and
ordinances applicable to the Grantee and this Grant Agreement. This Section shall survive expiration or termination of
this Grant Agreement.
3. Independent Parties; Conflict of Interest.
A. Grantee is not an officer, employee, or agent of Deschutes County as those terms are used in ORS 30.265 or
otherwise.
B. If Grantee is currently performing work for Deschutes County or the federal government, Grantee by signature to
this Grant Agreement, represents and warrants that Grantee's participation in this Grant Agreement creates no
potential or actual conflict of interest as defined by ORS Chapter 244 and that no statutes, rules or regulations of
the State of Oregon or federal agency for which Grantee currently performs work would prohibit Grantee's
participation under this Grant Agreement. Grantee certifies that it is not currently employed by the federal
government.
4. Grant Funds; Payments. Grantee is not entitled to compensation under this Grant Agreement by any other agency
or department of the federal government. Grantee understands and agrees that County's participation in this Grant
Agreement is contingent on County receiving appropriations, limitations, allotments or other expenditure authority
sufficient to allow County, in the exercise of its reasonable administrative discretion, to participate in this Grant
Agreement.
6. Recovery of Overpayments. Any funds disbursed to Grantee under this Grant Agreement that are expended in
violation or contravention of one (1) or more of the provisions of this Grant Agreement or applicable federal regulation
("Misexpended Funds") or that remain unexpended on the earlier of termination or expiration of this Grant Agreement
("Unexpended Funds") must be returned to County. Only funds resulting in performance of the project by December
31, 2026, are eligible under ARPA; all other disbursed funds must be returned to the County. Any Unexpended Funds
must be returned to County by January 15, 2027. Grantee shall return all Misexpended Funds to County promptly
after County's written demand and no later than fifteen (15) days after County's written demand. Grantee shall return
all Unexpended Funds to County within fourteen (14) days after the earlier of termination or expiration of this Grant
Agreement.
6. Indemnity. GRANTEE SHALL DEFEND SAVE, HOLD HARMLESS, AND INDEMNIFY DESCHUTES COUNTY AND
ITS OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ALL CLAIMS, SUITS, ACTIONS, LOSSES,
DAMAGES, LIABILITIES, COSTS AND EXPENSES OF ANY NATURE WHATSOEVER, INCLUDING ATTORNEY
FEES, RESULTING FROM, ARISING OUT OF, OR RELATING TO THE ACTIVITIES OF GRANTEE OR ITS
OFFICERS, EMPLOYEES, SUBCONTRACTORS, OR AGENTS UNDER THIS GRANT AGREEMENT. THIS
SECTION SHALL SURVIVE EXPIRATION OR TERMINATION OF THIS GRANT AGREEMENT.
7. Default; Remedies. In the event of breach of this Grant Agreement the Parties shall have the following remedies:
A. Termination under this Grant Agreement shall be without prejudice to any obligations or liabilities of either Party
already reasonably incurred prior to such termination.
1) Grantee may not incur obligations or liabilities after Grantee receives written notice of termination
Deschutes County / ARPA Grant No. 2022-175 Page 3
DocuSign Envelope ID: B844FE1B-699C-49CF-9423-2D1653455C9F
2) Additionally, neither Party shall be liable for any indirect, incidental, consequential or special damages under
this Grant Agreement or for any damages of any sort arising solely from the termination of this Grant
Agreement in accordance with its terms.
B. If terminated under this Grant Agreement by the County due to a breach by the Grantee, County may pursue any
remedies available at law or in equity.
1) Such remedies may include, but are not limited to, termination of this Grant Agreement, return of all or a
portion of this Grant Agreement amount, payment of interest earned on this Grant Agreement amount, and
declaration of ineligibility for the receipt of future grant/contract awards.
C. If amounts previously paid to Grantee exceed the amount due to Grantee under this Grant Agreement, Grantee
shall repay any excess to County upon demand.
D. Neither County nor Grantee shall be held responsible for delay or default caused by fire, civil unrest, government
declared public health emergency, labor unrest, riot, acts of God, or war where such cause was beyond
reasonable control of County or Grantee, respectively; however, Grantee shall make all reasonable efforts to
remove or eliminate such a cause of delay or default and shall, upon the cessation of the cause, diligently pursue
performance of its obligations under this Grant Agreement. For any delay in performance as a result of the events
described in this subparagraph, Grantee may be entitled to additional reasonable time for performance that shall
be set forth in an amendment to this Grant Agreement, but only upon County approval.
E. The passage of this Grant Agreement expiration date shall not extinguish or prejudice the County's or Grantee's
right to enforce this Grant Agreement with respect to any default or defect in performance that has not been
cured.
F. County's remedies are cumulative to the extent the remedies are not inconsistent, and County may pursue any
remedy or remedies singly, collectively, successively or in any order whatsoever.
G. Differences between a Grantee and County will be resolved, when possible, at appropriate management levels,
followed by consultation between governing or operating bodies, if necessary.
8. Termination. All or part of this Grant Agreement may be terminated by mutual consent of both Parties or by either Party
at any time for convenience upon sixty (60) days' notice in writing to the other Party. The County may also terminate all
or part of this Agreement as specified below:
A. This Grant Agreement shall be terminated immediately and no obligations, financial or otherwise, shall be imposed
upon County if funding to the County from Federal or other sources is not obtained or is not continued at levels
sufficient to allow for the underlying grant award. The County will give notice whenever possible.
B. With thirty (30) days' written notice, if Federal or State regulations are modified or changed in such a way that the
subject matter of the underlying grant award is no longer lawful or deemed an allowable use under this Grant
Agreement or ARPA.
C. Upon notice of denial, revocation, or non -renewal of any letter of approval, license, insurance, or certificate required
by law or regulation to be held by the Grantee to provide a service under this Grant Agreement,
D. With thirty (30) days' written notice, if Grantee fails to proceed as appropriate with the deemed allowable use(s)
described in this Grant Agreement (or subsequent modifications to this Grant Agreement) within the time specified
herein, or any extensions thereof.
E. Upon written notice, if the Grantee fails to proceed with deemed allowable uses on or about the date specified in this
. Grant Agreement (or subsequent modifications to this Grant Agreement),
F. Upon written or oral notice, if County has evidence that the Grantee has endangered or is endangering the health
and safety of clients, residents, staff, or the public.
G. Failure of the Grantee to comply with the provisions of this Grant Agreement and all applicable Federal, State and
local laws and rules which may be cause for termination of this Grant Agreement. The circumstances under which
this Grant Agreement may be terminated by either Party under this paragraph may involve major or minor violations.
Major violations include, but are not limited to:
Deschutes County / ARPA Grant No. 2022-175 Page 4
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1) Acts or omissions that jeopardize the health, safety, or security of individuals.
2) Misuse of funds.
3) Intentional falsification of records.
H. In those circumstances where a major violation is substantiated, continued performance may be suspended by the
County immediately. In all cases involving a major violation, a written notice of intent to terminate this Grant
Agreement shall be sent to the Grantee found to be in violation. Prior to termination, the Grantee shall be given a
reasonable opportunity to refute the findings. If the problem is not corrected within a reasonable time as determined
by County in its sole discretion, this Grant Agreement may be terminated or other remedial actions may be initiated.
1. Minor violations usually involve less than substantial compliance with the general or special conditions of this Grant
Agreement. In the event of alleged minor violations, written notice shall be given and a reasonable period shall be
allowed to develop a corrective action plan. This plan shall describe activities that respond to specific violations and
means by which a permanent change will be made in the procedures or practices that caused the violation. If these
activities do not occur within the notice period, this Grant Agreement may be terminated. Continued substantial
minor violations that threaten adequacy of services may be treated like a major violation.
J. Termination shall be without prejudice to any obligations or liabilities of either Party accrued prior to such
termination.
K. Grantee shall make no expenditures, enter into no contracts, nor encumber funds in its possession or to be
transferred by County, after notice of termination and later termination as set out above, without prior written
approval from County.
9. Payment on Early Termination. Upon termination pursuant to Paragraph 8, payment shall be made as follows:
A. If this Grant Agreement terminated because funding from Federal, State, or other sources is not obtained or is not
continued at levels sufficient to allow for purchase of the indicated quantity of services, the County shall pay
Grantee for deemed allowable uses undertaken prior to the termination date if such use was performed in
accordance with the Grant Agreement. Provided however, County shall not be obligated to allow grant funds to be
payable to Grantee for any obligations or liabilities incurred by Grantee after Grantee receives written notice of
termination.
B. If this Grant Agreement is terminated due to Grantee's failure to perform services in accordance with this Grant
Agreement, County obligations shall be limited to payment for uses/expenditures incurred in accordance with this
Grant Agreement prior to the date of notice of termination, less any damages suffered by the County.
C. If this Grant Agreement is terminated by the Grantee due to a breach by the County, then the County shall pay
the Grantee for use/expenditures incurred prior to the termination date if such work was performed in accordance
with the Grant Agreement.
10. Grantee's Tender upon Termination. Upon receiving a notice of termination of this Grant Agreement, Grantee shall
immediately cease all activities under this Grant Agreement unless County expressly directs otherwise in such notice
of termination.
A. Upon termination of this Grant Agreement, Grantee shall, as applicable, deliver to County all documents,
information, works -in -progress and other property that are or would be deliverables had this Grant Agreement
been completed.
B. Upon County's request, Grantee shall surrender to anyone County designates, all documents, research, objects
or other tangible things needed to continue the deemed allowable uses.
11. Insurance. Grantee shall maintain insurance as set forth in Exhibit D, attached hereto.
12. Records Maintenance, Access. Grantee shall maintain all financial records relating to this Grant Agreement in
accordance with generally accepted accounting principles. In addition, Grantee shall maintain any other records,
books, documents, papers, plans, records of shipments and payments and writings of Grantee, whether in paper,
electronic or other form, that are pertinent to this Grant Agreement, in such a manner as to clearly document
Grantee's performance. All financial records, other records, books, documents, papers, plans, records of shipments
and payments and writings of Grantee whether in paper, electronic or other form, that are pertinent to this Grant
Deschutes County / ARPA Grant No. 2022-175 Page 5
DocuSign Envelope ID: 131344FE1B-699C-49CF-9423-2D1653465C9F
Agreement, are collectively referred to as "Records." Grantee acknowledges and agrees that County and the federal
government and their duly authorized representatives shall have access to all Records to perform examinations and
audits and make excerpts and transcripts. Grantee shall retain and keep accessible all Records for the longest of:
A. Six years following final payment and termination of this Grant Agreement;
B. The period as may be required by applicable law, including the records retention schedules set forth in OAR
Chapter 166; or
C. Until the conclusion of any audit, controversy or litigation arising out of or related to this Grant Agreement.
13. Information Privacy/Security/Access.
A. If this Grant Agreement requires or allows Grantee and, when allowed, its subcontractor(s), to have access to or
use of any County computer system or other County Information Asset for which County imposes security
requirements, and Grantee or its subcontractor(s) access to such County Information Assets or Network and
Information Systems, Grantee shall comply and require all subcontractor(s) to which such access has been
granted to comply with OAR 943-014-0300 through OAR 943-014-0320, including as such rules may be revised
from time to time. For purposes of this Section, "Information Asset" and "Network and Information System" have
the meaning set forth in OAR 943-014-0305, as such rule may be revised from time to time.
B. If this Grant Agreement requires or allows Grantee, and when allowed, its subcontractor(s), to have access to or
use any information systems hosted by a third party in order to support the deemed allowable uses identified in
this Grant Agreement, Grantee and any authorized subcontractor(s) access to such systems, Grantee shall
comply and require all subcontractor(s) to which such access has been granted to comply with the provisions of
OAR 943-014-0300 through OAR 943-014-0320 applicable to the client information in the third party system,
including as such rules may be revised from time to time. Grantee will be responsible for its compliance and the
compliance of its subcontractor(s) with any terms applicable to the system, which may be addressed in a separate
agreement.
14. Assignment of Agreement, Successors in Interest.
A. Grantee shall not assign or transfer its interest in this Grant Agreement without prior written consent of County.
Any such assignment or transfer, if approved in the sole discretion of County, is subject to such conditions and
provisions required by County. No approval by County of any assignment or transfer of interest shall be deemed
to create any obligation of County apart from those set forth in this Grant Agreement.
B. The provisions of this Grant Agreement shall be binding upon and inure to the benefit of the parties, their
respective successors, and permitted assigns
15. Resolution of Disputes. The parties shall attempt in good faith to resolve any dispute arising out of this Grant
Agreement. In addition, the parties may agree to utilize a jointly selected mediator or arbitrator (for non -binding
arbitration) to resolve the dispute short of litigation. This Section shall survive expiration or termination of this Grant
Agreement.
16. No Third Party Beneficiaries.
A. County and Grantee are the only Parties to this Grant Agreement and are the only Parties entitled to enforce its
terms.
B. Nothing in this Grant Agreement gives or provides any benefit or right, whether directly, indirectly, or otherwise, to
third persons unless such third persons are individually identified by name in this Grant Agreement and expressly
described as intended beneficiaries of this Grant Agreement.
17. Severability. The parties agree that if any term or provision of this Grant Agreement is declared by a court of
competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall
not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Grant
Agreement did not contain the particular term or provision held to be invalid. This Section shall survive expiration or
termination of this Grant Agreement.
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18. Notice. Except as otherwise expressly provided in this Grant Agreement, any communications between the parties
hereto or notices to be given hereunder shall be given in writing by personal delivery, e-mail, or mailing the same,
postage prepaid to Grantee or County at the address or number set forth in this Grant Agreement, or to such other
addresses as either party may indicate pursuant to this Section. Any communication or notice so addressed and
mailed by regular mail shall be deemed received and effective five days after the date of mailing. Any communication
or notice delivered by e-mail shall be deemed received and effective five (5) days after the date of e-mailing. Any
communication or notice given by personal delivery shall be deemed effective when actually delivered to the
addressee.
To Grantee:
To Cou.un. y:
Eric King
Attn: ARPA Coordinator
City Manager, City of Bend
Deschutes County Finance Department
710 NW Wall Street
1300 NW Wall Street
Bend OR 97703
Bend, Oregon 97703
Phone: 541.388.6505
Phone: 541-388-6538
Email: ekingCbendoregon.gov
I Email: dan.emerson deschutes.or
This Section shall survive expiration or termination of this Grant Agreement.
19. Headings. The headings and captions to sections of this Grant Agreement have been inserted for identification and
reference purposes only and shall not be used to construe the meaning or to interpret this Grant Agreement.
20. Amendments; Waiver; Consent. County may amend this Grant Agreement to the extent provided herein, the
solicitation document, if any from which this Grant Agreement arose, and to the extent permitted by applicable
statutes and administrative rules. No amendment, waiver, or other consent under this Grant Agreement shall bind
either party unless it is in writing and signed by both parties. Such amendment, waiver, or consent shall be effective
only in the specific instance and for the specific purpose given. The failure of either party to enforce any provision of
this Grant Agreement shall not constitute a waiver by that party of that or any other provision. This Section shall
survive the expiration or termination of this Grant Agreement.
21. Merger Clause. This Grant Agreement constitutes the entire agreement between the parties on the subject matter
hereof. There are no understandings, agreements, or representations, oral or written, not specified herein, regarding
this Grant Agreement.
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DESCHUTES COUNTY / ARPA GRANT
EXHIBIT A: PROGRAMS / USES
The Deschutes County grants $1.5 million to the City of Bend for Homeless Solutions Partnership to provide temporary
housing options for individuals and families experiencing homelessness in the City of Bend.
This grant of $1.5 million of County ARPA funds will be matched by $1.5 million in City ARPA funds for this partnership.
The initial use of these grant funds shall be as follows:
Proiect County ARPA City ARPA Match
Temporary outdoor shelter development/operations (3 years) $750,000 $760,000
61210 SE 27th St.
Temporary outdoor shelter site acquisition, development, & operations (3 years) $750,000 $750,000
61071 HWY 97
$750,000 for a temporary outdoor shelter at 61210 SE 27th Street in Bend, which is being developed and operated
through a three-year contract between the City and Central Oregon Villages (COV), This high barrier, 20 Pallet shelter
will prioritize serving elderly women and women with children through placements utilizing the Coordinated Entry System.
The City has allocated an additional $750,000 of City ARPA funds, for a total of $1.5 million to develop and operate the
shelter for three years.
The other/remaining $750,000 is for the purchase, development, and operation of a second temporary outdoor shelter,
matched by $750,000 in City ARPA funds. This shelter will likely be on property presently owned by ODOT on SE 3rd St/
Highway 97 south of Murphy Road. ODOT and the City have agreed the City will purchase the property for $45,000 and
intends to use the remaining $1,455,000 in joint City -County funds to develop and operate the site as a temporary
outdoor shelter. The property will be subject to a reversionary interest in ODOT if the property is needed to construct the
Murphy ramps onto Highway 97. The City anticipates the remaining combined ARPA funds will be used to develop and
operate site for a period of 3 years.
The funds may also be utilized for other sheltering purposes should a second site not come to fruition. The City of Bend
will report annually to the Board of Commissioners as the project develops and will propose an amendment to this grant
agreement to repurpose the funds for other projects to support homeless services, if the second outdoor shelter is not
feasible.
Deschutes County / ARPA Grant No. 2022-175 Page 9
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DESCHUTES COUNTY / ARPA GRANT
EXHIBIT B: FUNDING
1. Funding. County shall provide funding to Grantee as follows:
A. The County will fund Grantee as a subaward of the Coronavirus State and Local Fiscal Recovery Funds
(CSLFRF) in accordance with 2 CFR Part 200 and the U.S. Department of the Treasury guidance for Coronavirus
State and Local Fiscal Recovery Funds, CFDA # 21.027: Furthermore, the County will adhere to the U.S.
Department of the Treasury guidance, and may require information of the Grantees including but not limited to
that found within the CSLFRF Compliance and Reporting Guidance found at:
https://home.treasury.gov/system/files/136/SLFRF-Compliance-and-Reporting-Guidance.pdf
B. Grantees whose total award is equal to or greater than $50,000 are subject to subrecipient monitoring pursuant to
2 CFR §§ 200,330 through 200.332 by the County.
C. Grantees who are not subject to subrecipient monitoring pursuant to 2 CFR §§ 200.330 through 200.332 will be
awarded funds as a lump sum payment. Grantees not subject to subrecipient monitoring by the County may be
required, upon request, to submit quarterly reports to the County in the aggregate, with regards to obligations and
expenditures with CSLFRF funds, as well as additional information ensuring the eligible usage of CSLFRF funds.
D. Grantees who are subject to subrecipient monitoring pursuant to 2 CFR §§ 200.330 through 200.332 by the
County will complete a fiscal monitoring assessment questionnaire provided by the County. The fiscal monitoring
assessment questionnaire is separate from this contract and the answers provided by the Grantee to this
questionnaire must be accurate to the best of their ability and be attested to by the appropriate Grantee authority.
The County will evaluate the Grantee's risk of noncompliance based on the attested answers to the fiscal
monitoring assessment questionnaire. The Grantees evaluated risk level will determine the initial fund award
payment type and the County's degree of subrecipient monitoring to ensure CSLFRF use compliance. To ensure
compliance, the County will conduct ongoing validations of risk assessment throughout the life of the award for
Grantee's subject to subrecipient monitoring. As the pass -through entity of CSLFRF responsible for subrecipient
monitoring and the compliance of CSLFRF use, the County has the authority, in general, including but not limited
to:
1. Reviewing Grantee financial statements, business, and performance reports.
2. Reviewing Grantee records, invoices, payroll, supporting documentation, and other pertinent financial
documents as necessary to ensure compliance.
3. Performing on -site reviews of the Grantees program operations.
4. Requiring Grantee payments as reimbursements rather than advance payments.
5. Withholding authority to proceed to the next phase until receipt of evidence of acceptable
performance within a given period of performance.
6. Requiring additional, more detailed financial reports from the Grantee.
7. Requiring additional project monitoring.
8. Requiring the non -Federal Grantee to obtain technical or management assistance.
9. Establishing additional prior approvals and internal controls for the Grantee
10. Any additional requirements that the County imposes on the Grantee in order for the County to meet
its own responsibility to the U.S. Department of the Treasury.
E. Should Grantee demonstrate noncompliance the County can take enforcement action against the Grantee,
including and not limited to:
1. Temporarily withholding cash payments pending correction of the deficiency by the Grantee or more
severe enforcement action by the County.
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2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the cost of the
activity or action not in compliance.
3. Wholly or partly suspend or terminate the CSLFRF award.
4. Recommend suspension or debarment proceedings as authorized under 2 CFR part 180 to be
initiated by a Federal awarding agency.
5. Withhold further awards for the project or program.
6. Take other remedies that may be legally available.
F. Notwithstanding any other payment provision of this Grant Agreement, should Grantee fail to submit required reports
when due, or fail to perform or document the employment of funding for the deemed allowable uses; County may
immediately withhold payments under this Grant Agreement or reject part or all of Grantee's request for funds.
G. If the federal government disallows or requests repayment for any funds paid under this Grant Agreement due to
Grantee's acts or omissions, Grantee shall make payment to County of the amount the federal government disallows
or requests repayment.
2. The Maximum Funding Award.
A. The maximum funding award under this Grant Agreement is $1,500,000.
B. Grantee shall not submit request for funds / invoices for, and County shall not pay for any sum in excess of the
maximum funding award amount set forth above.
1) County may have need to amend maximum funding award through amendment of this Grant Agreement. If
this maximum funding award amount is decreased or increased by amendment of this Grant Agreement, the
amendment shall be fully effective before Grantee undertakes operations or proceeds with deemed allowable
uses subject to the amendment.
2) Notwithstanding any other funding provision of this Grant Agreement, should Grantee fail to submit required
reports, itemized receipts or documentation as outlined in this Grant Agreement or as required by the federal
government as a condition of ARPA funding, or fail to perform or document the performance of awarded
project / uses; County shall immediately withhold funding under this Grant Agreement or reject part or the
Grantee's entire request for funding.
3) In the event that a statutorily required license or insurance is suspended or not extended, County's obligation
to provide funding for uses / operations rendered without the necessary license or insurance will cease as of
the date of expiration or suspension of license and/or insurance.
Deschutes County / ARPA Grant No. 2022-175 Page 11
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DESCHUTES COUNTY / ARPA GRANT
EXHIBIT C: INSURANCE REQUIREMENTS
Grantee shall obtain at Grantee's expense the insurance specified in this Exhibit C prior to proceeding under this Grant
Agreement and shall maintain it in full force and at its own expense throughout the duration of this Grant Agreement, as
required by any extended reporting period or tail coverage requirements, and all warranty periods that apply. Grantee
shall obtain the following insurance from insurance companies or entities that are authorized to transact the business of
insurance and issue coverage in the State of Oregon and that are acceptable to the County. Coverage shall be primary
and non-contributory with any other insurance and self-insurance, with the exception of Professional Liability and
Workers' Compensation. Grantee shall pay for all deductibles, self -insured retention and self-insurance, if any.
1. WORKERS' COMPENSATION & EMPLOYERS' LIABILITY
All employers, including Grantee, that employ subject workers, as defined in ORS 656.027, shall comply with ORS
656.017 and provide workers' compensation insurance coverage for those workers, unless they meet the requirement
for an exemption under ORS 656.126(2), (Exemption Certificate Exhibit D). As applicable, Grantee shall require and
ensure that each of its subcontractors complies with these requirements. If Grantee is a subject employer, as defined
in ORS 656.023, Grantee shall also obtain employers' liability insurance coverage with limits not less than $500,000
each accident, If Grantee is an employer subject to any other state's workers' compensation law, Grantee shall
provide workers' compensation insurance coverage for its employees as required by applicable workers'
compensation laws including employers' liability insurance coverage with limits not less than $500,000 and shall
require and ensure that each of its out-of-state subcontractors complies with these requirements.
2. COMMERCIAL GENERAL LIABILITY:
1-1 Required ® Not required
Commercial General Liability Insurance covering bodily injury and property damage in a form and with coverage that
are satisfactory to the County. This insurance shall include personal and advertising injury liability, products and
completed operations, contractual liability coverage for the indemnity provided under this Grant Agreement, and have
no limitation of coverage to designated premises, project or operation. Coverage shall be written on an occurrence
basis in an amount of not less than $1,000,000 per occurrence. Annual aggregate limit shall not be less than
$2,000,000.
3. PROFESSIONAL LIABILITY:
® Required ® Not required
PROFESSIONAL LIABILITY. Professional Liability Insurance covering any damages caused by an error, omission, or
negligent act related to the services to be provided under this Grant Agreement, with limits not less than the
$2,000,000 per occurrence. Annual aggregate limit shall not be less than $4,000,000.
4. AUTOMOBILE LIABILITY INSURANCE:
® Required M Not required
Automobile Liability Insurance covering Grantee's business use including coverage for all owned, non -owned, or hired
vehicles with a combined single limit of not less than $1,000,000 for bodily injury and property damage. This
coverage may be written in combination with the Commercial General Liability Insurance (with separate limits for
Commercial General Liability and Automobile Liability). Use of personal automobile liability insurance coverage may
be acceptable if evidence that the policy includes a business use endorsement is provided.
5. ADDITIONAL INSURED:
All liability insurance, except for Workers' Compensation, Professional Liability, and Network Security and Privacy
Liability (if applicable), required under this Grant Agreement must include an additional insured endorsement
specifying Deschutes County, its officers, employees and agents as Additional Insureds, including additional insured
status with respect to liability arising out of ongoing operations and completed operations, but only with respect to
Grantee's activities to be performed under this Grant Agreement. Coverage shall be primary and non-contributory
with any other insurance and self-insurance. The Additional Insured endorsement with respect to liability arising out of
your ongoing operations must be on ISO Form CG 20 10 07 04 or equivalent and the Additional Insured endorsement
with respect to completed operations must be on ISO form CG 20 37 07 04 or equivalent.
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6. WAIVER OF SUBROGATION:
Grantee shall waive rights of subrogation which Grantee or any insurer of Grantee may acquire against the County by
virtue of the payment of any loss. Grantee will obtain any endorsement that may be necessary to affect this waiver of
subrogation, but this provision applies regardless of whether or not the County has received a waiver of subrogation
endorsement from the Grantee or the Grantee's insurer(s).
7. TAIL COVERAGE:
If any of the required insurance is on a claims made basis and does not include an extended reporting period of at
least twenty-four (24) months, Grantee shall maintain either tail coverage or continuous claims made liability
coverage, provided the effective date of the continuous claims made coverage is on or before the effective date of this
Grant Agreement, for a minimum of twenty-four (24) months following the later of (i) Grantee's completion of the uses
/ project funding by this Grant Agreement, or, (ii) County or Grantee termination of this Grant Agreement, or, iii) the
expiration of all warranty periods (if applicable) provided under this Grant Agreement.
8. CERTIFICATE(S) AND PROOF OF INSURANCE:
Grantee shall provide to County Certificate(s) of Insurance for all required insurance before County will fund this Grant
Agreement. The Certificate(s) shall list Deschutes County, 1300 NW Wall Street, Bend, OR 97703 as a Certificate
holder. The Certificate(s) shall also include all required endorsements or copies of the applicable policy language
effecting coverage required by this Grant Agreement. If excess/umbrella insurance is used to meet the minimum
insurance requirement, the Certificate of Insurance must include a list of all policies that fall under the
excess/umbrella insurance. As proof of insurance County has the right to request copies of insurance policies and
endorsements relating to the insurance requirements in this Grant Agreement.
9. NOTICE OF CHANGE OR CANCELLATION:
The Grantee or its insurer must provide at least thirty (30) days' written notice to County before cancellation of,
material change to, potential exhaustion of aggregate limits of, or non -renewal of the required insurance coverage(s).
10. INSURANCE REQUIREMENT REVIEW:
Grantee agrees to periodic review of insurance requirements by County under this Grant Agreement and to provide
updated requirements as mutually agreed upon by Grantee and County.
11. COUNTY ACCEPTANCE:
All insurance providers are subject to County acceptance. If requested by County, Grantee shall provide complete
copies of insurance policies, endorsements, self-insurance documents and related insurance documents to County's
representatives responsible for verification of the insurance coverages required under this Exhibit C.
DESC S COUNTY RISK MANAGEMENT
Signature:
i
Email:
sue' y' rl ' yru� .9
Title:
Date:
Deschutes County / ARPA Grant No. 2022-175 Page 13
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DESCHUTES COUNTY / ARPA GRANT
EXHIBIT D: WORKER'S COMPENSATION EXEMPTION CERTIFICATION
(To be used only if Grantee claims to be exempt from Workers' Compensation coverage requirements)
Grantee is exempt from the requirement to obtain workers' compensation insurance under ORS Chapter 656 for the following
reason (check the appropriate box):
❑ NOT APPLICABLE
• Grantee is providing Workers' Compensation certificate.
❑ SOLE PROPRIETOR
• Grantee is a sole proprietor, and
• Grantee has no employees, and
• Grantee shall not hire employees to perform this contract.
❑ CORPORATION - FOR PROFIT
• Grantee's business is incorporated, and
• All employees of the corporation are officers and directors and have a substantial ownership interest` in the
corporation, and
• The officers and directors shall perform all work. Grantee shall not hire other employees to perform this contract.
❑ CORPORATION -NONPROFIT
• Grantee's business is incorporated as a nonprofit corporation, and
• Grantee has no employees; all work is performed by volunteers, and
• Grantee shall not hire employees to perform this contract.
❑ PARTNERSHIP
• Grantee is a partnership, and
• Grantee has no employees, and
• All work shall be performed by the partners; Grantee shall not hire employees to perform this contract, and
• Grantee is not engaged in work performed in direct connection with the construction, alteration, repair,
improvement, moving or demolition of an improvement to real property or appurtenances thereto.
❑ LIMITED LIABILITY COMPANY
• Grantee is a limited liability company, and
• Grantee has no employees, and
• All work shall be performed by the members; Grantee shall not hire employees to perform this contract, and
• If Grantee has more than one member, Grantee is not engaged in work performed in direct connection with the
construction, alteration, repair, improvement, moving or demolition of an improvement to real property or
appurtenances thereto.
"NOTE: Under OAR 436-050-050 a shareholder has a "substantial ownership" interest if the shareholder owns 10% of the
corporation or, if less than 10% is owned, the shareholder has ownership that is at least equal to or greater than the average
percentage of ownership of all shareholders.
"NOTE: Under certain circumstances partnerships and limited liability companies can claim an exemption even when
performing construction work. The requirements for this exemption are complicated. Consult with County Counsel before an
exemption request is accepted from a contractor who shall perform construction work.
CITY OF BEND D...Signed by:
G %.t 4
Signature: 09FM,e,ee4as.m-- -�..� .
Email: eking@bendoregon.gov
Title: City Manager
11 /16/2022
Date:-
Deschutes County / ARPA Grant No. 2022-175 Page 14
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DESCHUTES COUNTY / ARPA GRANT
EXHIBIT E: CONFIDENTIALITY AGREEMENT
1. INTRODUCTION
This Confidentiality (the "Agreement") is entered into as of 11/01/2021 by and between City of Bend ("Grantee")
and Deschutes County, a political subdivision of the State of Oregon ("Covered Entity").
WHEREAS, in connection with the performance of the Services, Grantee may receive from the County or
otherwise have access to certain information that is required to be kept confidential in accordance with the Health
Insurance Portability and Accountability Act of 1996 and regulations promulgated thereunder, as may be amended from
time to time (collectively, "HIPAA"); and
WHEREAS, as a part of the American Recovery and Reinvestment Act, the federal Health Information
Technology for Economic and Clinical Health Act (the "HITECH Act") was signed into law, imposing certain privacy and
security obligations on Covered Entities in addition to the obligations created by the Privacy Standards and Security
Standards; and
WHEREAS, the HITECH Act revises many of the requirements of the Privacy Standards and Security Standards
concerning the confidentiality of Protected Health Information (PHI) and Electronic Protected Health Information (EPHI),
including extending certain HIPAA and HITECH Act requirements directly to business associates; and
WHEREAS, the HITECH Act requires that certain of its provisions be included in agreements, and that certain
requirements of the Privacy Standards be imposed contractually upon Covered Entities as well as parties in privity;
Therefore, in consideration of the foregoing premises and the mutual covenants and conditions set forth below
and in this Confidentiality Agreement between Grantee and County for Grantee's provision of deemed allowable uses,
intending to be legally bound, agree as follows.
2. DEFINITIONS
A. Disclosure means the release, transfer, provision of access to, or divulging in any other manner, of PHI, outside
Grantee's organization, i.e., to anyone other than its employees who have a need to know or have access to the
PHI.
B. Electronic Protected Health Information or "EPHI" means protected health information (as defined below) that is
transmitted, stored, or maintained by use of any electronic media. For purposes of this definition, "electronic
media" includes, but is not limited to, memory devices in computers (hard drives); removable/transportable digital
memory media (such as magnetic tape or disk, removable drive, optical disk, or digital memory card); the internet;
the extranet; leased lines; dial -up lines; private networks; or e-mail.
C. Health Care Component means a Deschutes County department, office or division, that regularly provides
healthcare services or that regularly creates, accesses, uses or maintains PHI, and that Deschutes County has
designated as a HIPAA-covered component of the County.
D. Protected Health Information or "PHI" means information transmitted by or maintained in any form or medium,
including demographic information collected from an individual, that (a) relates to the past, present, or future
physical or mental health or condition of an individual; the provision of health care to an individual, or the past,
present, or future payment for the provision of health care to an individual; (b) individually identifies the individual
or, with respect to which, there is a reasonable basis for believing that the information can be used to identify the
individual; and (c) is received by Grantee from or on behalf of County, or is created by Grantee, or is made
accessible to Grantee by County.
E. Secretary means the Secretary of the United States Department of Health and Human Services or any other
officer or employee of the Department of Health and Human Services to whom the authority involved has been
delegated.
F. Services means the CBO Services provided by Grantee and identified in the Grant Agreement to which this
Exhibit E is attached.
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G. Use (whether capitalized or not and including the other forms of the word) means, with respect to PHI, the
sharing, employment, application, utilization, transmission, examination, or analysis of such information to, from or
within Grantee's organization.
3. AGREEMENT. Grantee shall:
A. not use PHI except as necessary to provide the Services.
B. not disclose PHI to any third party and/or external client/patient and associated health care provider(s) without
County's prior written consent.
C. not use or disclose PHI except as required by law.
D. implement appropriate safeguards to prevent unauthorized use or disclosure of PHI.
E. comply with Subpart C of 45 CFR Part 164 with respect to electronic protected health information, to prevent use
or disclosure of EPHI other than as provided for by this Confidentiality Agreement.
F. mitigate, as much as possible, any harmful effect of which it is aware of any use or disclosure of PHI in violation of
this Confidentiality Agreement.
G. promptly report to County any use or disclosure of PHI not permitted by this Confidentiality Agreement of which
Grantee becomes aware.
H. make its internal practices, books, and records (including the pertinent provisions of this Confidentiality
Agreement) relating to the use and disclosure of PHI, available to the Secretary for the purposes of determining
County's compliance with HIPAA.
1. return to County, or destroy, any PHI of County still in Grantee's possession upon conclusion or termination of the
underlying Grant Agreement.
J. ensure that any subcontractors that create, receive, maintain, or transmit PHI on behalf of the Grantee agree to
the same restrictions, conditions, and requirements that apply to the Grantee with respect to security and privacy
of such information.
K. make PHI available to County as necessary to satisfy County's obligation with respect to individuals' requests for
copies of their PHI, as well as make available PHI for amendments (and incorporate any amendments, if required)
and accountings.
L. make any amendment(s) to PHI in a designated record set as directed or agreed to by the County pursuant to 45
CFR 164.526, or take other measures as necessary to satisfy County's obligations under 45 CFR 164,526.
M. to the extent the Grantee is to carry out one or more of County's obligation(s) under Subpart E of 45 CFR Part
164, comply with the requirements of Subpart E that apply to the County in the performance of such obligation(s).
N. If Grantee (a) becomes legally compelled by law, process, or order of any court or governmental agency to
disclose PHI, or (b) receives a request from the Secretary to inspect Grantee's books and records relating to the
use and disclosure of PHI, Grantee, to the extent it is not legally prohibited from so doing, shall promptly notify
County and cooperate with County in connection with any reasonable and appropriate action County deems
necessary with respect to such PHI.
O. If any part of Grantee's performance of business functions involves creating, receiving, storing, maintaining, or
transmitting EPHI:
i. implement administrative, physical, and technical safeguards that reasonably and appropriately protect the
confidentiality, integrity, and availability of EPHI that it creates, receives, stores, maintains, or transmits on
behalf of County, in accordance with the requirements of 45 CFR Part 160 and Part 164, Subparts A and C;
and
ii. report to County any security incident relating to the EPHI that Grantee maintains for County.
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4. HIPAA DATA BREACH NOTIFICATION AND MITIGATION
A. Grantee agrees to implement reasonable systems for the discovery and prompt reporting of any "breach" of
"unsecured PHI" as those terms are defined by 45 C.F.R. §164.402 (hereinafter a "HIPAA Breach"). The parties
acknowledge and agree that 45 C.F.R. §164.404, as described below in this Section, governs the determination
of the date of a HIPAA Breach. Grantee will, following the discovery of a HIPAA Breach, notify County
immediately and in no event later than seven business days after Grantee discovers such HIPAA Breach, unless
Grantee is prevented from doing so by 45 C.F.R. §164.412 concerning law enforcement investigations.
B. For purposes of reporting a HIPAA Breach to County, the discovery of a HIPAA Breach shall occur as of the first
day on which such HIPAA Breach is known to the Grantee or, by exercising reasonable diligence, would have
been known to the Grantee. Grantee will be considered to have had knowledge of a HIPAA Breach if the HIPAA
Breach is known, or by exercising reasonable diligence would have been known, to any person (other than the
person committing the HIPAA Breach) who is an employee, officer or other agent of the Grantee. No later than
seven (7) business days following a HIPAA Breach, Grantee shall provide County with sufficient information to
permit County to comply with the HIPAA Breach notification requirements set forth at 45 C.F.R. §164,400, et seq.
C. Specifically, if the following information is known to (or can be reasonably obtained by) Grantee, Grantee will
provide County with: (i) contact information for individuals who were or who may have been impacted by the
HIPAA Breach; (ii) a brief description of the circumstances of the HIPAA Breach, including its date and the date of
discovery; (iii) a description of the types of unsecured PHI involved in the HIPAA Breach; (iv) a brief description of
what the Grantee has done or is doing to investigate the HIPAA Breach, mitigate harm to the individual impacted
by the HIPAA Breach, and protect against future HIPAA Breaches; and (v) a liaison (with contact information) so
that Grantee may conduct further investigation concerning the HIPAA Breach. Following a HIPAA Breach,
Grantee will have a continuing duty to inform County of new information learned by Grantee regarding the HIPAA
Breach, including but not limited to the information described herein.
D. Data Breach Notification and Mitigation Under Other Laws. In addition to the requirements above, Grantee
agrees to implement reasonable systems for the discovery and prompt reporting of any breach of individually
identifiable information (including but not limited to PHI, and referred to hereinafter as "Individually Identifiable
Information") that, if misused, disclosed, lost or stolen, Grantee believes would trigger an obligation under one or
more State data breach notification laws (each a "State Breach") to notify the individuals who are the subject of
the information.
E. Breach Indemnification. Grantee shall indemnify, defend and hold County harmless from and against any and all
actual losses, liabilities, damages, costs and expenses (collectively, "Information Disclosure Claims") arising
directly from (i) the use or disclosure of Individually Identifiable Information (including PHI) in violation of the terms
of this Agreement or applicable law, and (h) any HIPAA Breach of unsecured PHI and/or any State Breach of
Individually Identifiable Information. Grantee will assume the defense of any Information Disclosure Claim;
County may participate, at its expense, in the defense of such Information Disclosure Claim. Grantee shall not
take any final action with respect to any Information Disclosure Claim without the prior written consent of County.
6. OTHER PROVISIONS
A. A breach under this Confidentiality Agreement shall be deemed to be a material default in Grantee's associated
Grant agreement with Deschutes County.
B. Grantee authorizes termination of the associated Grant Agreement by County if County determines Grantee has
violated a material term of this Confidentiality Agreement.
C. Upon conclusion or termination of the uses / project, Grantee shall promptly return or destroy all PHI that Grantee
maintains in any form and retain no copies of such information. If the return or destruction of such PHI is not
feasible, the obligations under this Confidentiality Agreement shall continue in effect for so long as Grantee
retains such information, and any further use or disclosure of such PHI shall be limited to those purposes that
make the return or destruction of the PHI infeasible.
D. To the extent there are any inconsistencies between this Confidentiality Agreement and the terms of any other
agreement, either written or oral, between County and Grantee, the terms of this Confidentiality Agreement shall
prevail.
E. Contact Information in the event of HIPAA Data Breach or Termination.
Deschutes County / ARPA Grant No. 2022-175 Page 17
DocuSign Envelope ID: BB44FE1 B-699C-49CF-9423-2.Dl653455C9F
1) Except as otherwise expressly provided in this Confidentiality Agreement, any communications between the
Parties hereto or notices to be given hereunder shall be given in writing, to Covered Entity or Business
Associate at the address or number set forth below or to such other addresses or numbers as either Party
may hereafter indicate in writing. Delivery may be by personal delivery, electronic mail, facsimile, or mailing
the same, postage prepaid.
2) Any communication or notice by personal delivery shall be deemed delivered when actually given to the
designated person or representative.
3) Any communication or notice mailed shall be deemed delivered five (5) days after mailing. Any notice under
this Agreement shall be mailed by first class postage or delivered as follows:
To Covered Entity:
To Grantee:
Attn: ARPA Coordinator
Eric Kin
Deschutes County Finance Dept.
City Manager, City of Bend
1300 NW Wall Street
710 NW Wall Street
Bend, Oregon 97703
Bend, OR 97703
Phone: 641-388-6538
Phone: 541.388.5505
Email: dan.emerson@deschutes.oEg
ndore on. ov
IN WITNESS WHEREOF, the Parties hereto have caused this Confidentiality Agreement to be executed, either as
individuals, or by their officers, thereunto duly authorized.
CITY OF BEND DocuSlgnedby:
Signature:„,,
Email: eking@bendoregon.gov
Title: City Manager
11 /16/2022
Date:
DESCHUTES COUNTY
,�,
Signature: 'k9�_Ef ti(�
Email:-��l,1�, (4,tvil � &&,5 �I J .6'�
Title: C'� Gv.�•tJ� y ,/�!�1�tS �'d/u�
T
Date: 11 ! il-L
Deschutes County / ARPA Grant No. 2022-175 Page 18
DocuSign Envelope ID: BB44FE1B-699C-49CF-9423-2D1653455C9F
DESCHUTES COUNTY / ARPA GRANT
EXHIBIT F: FEDERAL TERMS AND CONDITIONS
1. BACKGROUND AND GOALS
On March 11, 2021, in response to the ongoing public health COVID-19 pandemic, Congress approved the American
Rescue Plan Act (ARPA) which provides State and local governments with financial resources to address the COVID-
19 public health emergency and its economic impacts.
ARPA identifies "eligible uses" for ARPA funds. Included are: (a) support public health response, (b) replace public
sector revenue loss, (c) investments in water and sewer infrastructure, (d) address negative economic impact to
workers, families, small businesses, impacted industries and the public sector, (e) investments in broadband
infrastructure, (f) address systemic public health and economic challenges that contribute to inequal impacts due to
the pandemic, and (g) premium pay for essential workers bearing the greatest health risks due to service in critical
infrastructure sectors.
Federal Funding Information for Subrecipients As Required
By 2 CFR 200.331(a)l
1. Federal Award Identification
(i) Subrecipient Name:
City of Bend
(ii) Subrecipient DUNS #:
(iii) Federal Award Identification Number (FAIN):
SLFRP1796
(iv) Federal Award Date:
March 3, 2021 through December 31, 2026
(v) Subaward Period of Performance (Start & End Date):
December 1, 2021 to December 31, 2024
(vi) Federal Funding Obligation
a) Total Amount of Federal Funds Obligated by this Agreement:
a.1)
a.2)
21
a.4)
b) Total Amount of Federal Funds Obligated to Subrecipient by Pass-
Through Entity (PTE), including this agreement:
c) Total Amount of Federal Award committed to Subrecipient by PTE:
_
$1,500,000
$1,500,000
$1,500,000
(vii) Federal Award Project Description:
Coronavirus State and Local Fiscal Recovery
Funds - (CSLFRF)
(viii) Identify the following:
a) Federal awarding agency
b) Pass -Through Entity
c) Contact info for awarding official:
US Department of Treasury
Deschutes County
Daniel.Emerson@Deschgtg§.org
(ix) Identify Program Information
a) Catalog of Federal Domestic Assistance (CFDA) #:
b) Program Name:
c) Is the award Research & Development? (Yes/No)
d) Indirect Cost Rate for Federal award:
21.027
_
American Rescue Plan
No
2. Subrecipient Indirect Cost Rate
Indirect cost rate passed through to subrecipient:
3. Additional Requirements or Comments (if any)
Deschutes County / ARPA Grant No. 2022-175 Page 19
DocuSign Envelope ID: BB44FE1B-699C-49CF-9423-2D1653455C9F
Identify in this section additional conditions concerning closeout of award or required financial/performance reports or any
other comments regarding the federal award. If no additional information is necessary, please delete this section or mark
N/A.
orecipient will comply with Federal statutes, regulations and terms and conditions of the Federal award in accordance with 2 CFR 200.331
2). Subrecipient will permit the pass -through entity and auditors to have access to subrecipient's records and financial statements as
essary for the PTE to meet requirements of 2 CFR 200.331(a)(S). Subrecipient will also permit the pass -through entity to have access to
recipient's records for monitoring the activities of the subrecipient, as necessary, to ensure that the subaward is used for the authorized
poses. Such monitoring will include reviewing the financial and performance reports required by the pass -through entity as well as
)wing up and ensuring the subrecipient takes timely and appropriate action on all deficiencies pertaining to the Federal award provided to
subrecipient in order to meet the requirements of 2 CFR 200.331(d),
2. PROJECT ACTIVITIES, SCHEDULE, AND BUDGET
The project uses are described in Exhibit A: Direct and indirect administrative costs are allowed pursuant to the State
and Local Fiscal Recovery Funds Compliance and Reporting Guidance, referenced here:
https://home.treasury.gov/system/files/136/SLFRF-Compliance-and-Reporting-Guidance.pdf. Any programs charging
administrative costs must be able to establish a direct connection between the administrative cost and COVID-19
related expenses. Any direct administrative costs charged to this ARPA Grant must not be covered by a program's
indirect cost rate.
ARPA funds may be used for response(s) to COVID-19 and associated economic impacts that were incurred from
March 3, 2021, onward, and must be obligated by no later than December 31, 2024.
Grantee must return to County upon closeout any grant funds that remain unexpended or committed for payment on
December 31, 2026. These unexpended funds must be returned no later than January 15, 2027.
3. Guidelines and Answers to FAQs
Grantee will expend grant funding in accordance with criteria and guidance established and updated by US Treasury.
The links below may be useful:
https:/Ihome.treasuU.gov/system/files/1 36/SLFRPFAQ.pdf
https://www.whitohouse.gov/american-rescuellan/
https://home.treasury.gov/news/featured-stories/fact-sheet-the-american-rescue-pla n-will-deliver-immed iate-
economic-relief-to-families
https://www.or)m.00v/policy-data-oversigh-Vpay-leave/arpa
https://www.congress.gov/bill/117th-con rg ess/house-bi1U1319
https://www. irs.gov/newsroom/tax-credits-for-paid-leave-under-the-american-rescue-plan-act-of-2021-for-leave-after-
march-31-2021
https://www.federaire ister. ov/documents/2021/05/26/2021-11155/notice-of-funds-availability-american-rescueplan-
act-of-2021-section-1005-loan-payment-arpa
4. REPORTING REQUIREMENTS
Grantee must submit quarterly financial reports to County.
5. DISBURSEMENT PROVISIONS
County will endeavor to disburse the Grant Funds promptly after receipt of signed Grant Agreement.
Deschutes County / ARPA Grant No. 2022-175 Page 20
DocuSign Envelope ID: BB44FE1 B-699C-49CF-9423-2D1653455C9F
6. FEDERAL FUNDS
County's funding to Grantee under this Grant Agreement will be paid in whole or in part by funds received from the
United States Federal Government. Grantee, by signing this Grant Agreement, certifies neither it nor its employees,
contractors, subcontractors or subrecipients who will undertake the funded uses / project are currently employed by
an agency or department of the federal government.
7. FEDERAL PROVISIONS
The use of all federal funds paid under this Grant Agreement are subject to all applicable federal regulations, including
but not necessarily limited to the provisions identified below.
Grantee must ensure that any further distribution or payment of the federal funds paid under this Grant Agreement by
means of any contract, subgrant, or other agreement between Grantee and another party for the performance of any
of the activities of this Grant Agreement, includes the requirement that such funds may be used solely in a manner
that complies with the provisions of this Grant Agreement.
Grantee must include and incorporate the provisions identified below in all contracts and subgrants that may use, in
whole or in part, the funds provided by this Grant Agreement.
Grantee must comply, and ensure the compliance by subcontractors or subrecipients, with 41 U.S.C. 4712, Program
for Enhancement of Employee Whistleblower Protection. Grantee must inform subrecipients, contractors and
employees, in writing, in the predominant language of the workforce, of the employee whistleblower rights and
protections under 41 USC § 4712.
In accordance with U.S. Treasury guidance — Grantee is subject to the following provisions, as applicable:
For purposes of these provisions, the following definitions apply:
"Contract" means this Grant Agreement or any contract or subgrant funded by this Grant Agreement.
"Contractor" and "Subrecipient" and "Non -Federal entity" mean Grantee or Grantee's contractors or
subrecipients, if any,
(A) 2 CFR §200.303 Internal Controls
(B) 2 CFR §§ 200.330 through 200.332 Subrecipient Monitoring and Management
(C) Subpart F — Audit Requirements of 2 CFR §§200.600 through 200.521
1. Grantee must comply, and require any subcontractor to comply, with applicable audit requirements and
responsibilities set forth in this Grant Agreement and applicable state or federal law.
ii. If Grantee receives federal awards in excess of $750,000 in a fiscal year, Grantee is subject to audit
conducted in accordance with the provisions of 2 CFR part 200, subpart F. Copies of all audits must be
submitted to County within thirty (30) days of completion.
Ill. Grantee must save, protect and hold harmless the County from the cost of any audits or special investigations
performed by the federal government with respect to the funds expended under this Grant Agreement.
Grantee acknowledges and agrees that any audit costs incurred by Grantee as a result of allegations of fraud,
waste or abuse are ineligible for reimbursement under this or any other agreement between Grantee and the
County.
(D) System for Award Management. Grantee must comply with applicable requirements regarding the System for
Award Management (SAM), currently accessible at httl2s://www.saM&ov. This includes applicable requirements
regarding registration with SAM, as well as maintaining current information in SAM. The Grantee also must
comply with applicable restrictions on subawards ("subgrants") to first -tier subrecipients (first -tier "subrecipients"),
including restrictions on subawards to entities that do not acquire and provide (to the Recipient) the unique entity
identifier required for SAM registration.
(E) Davis Bacon Act (40 U.S.C. sec. 3141-3148)
(F) Anti -Kickback Act (40 U.S.C. sec. 3145)
,(G) Contract Work Hours and Safety Standards (40 U.S.C. sec. 3701-3708)
Deschutes County / ARPA Grant No. 2022-175 Page 21
DocuSign Envelope ID: B844FEtB-699C-49CF-9423.2D1653455C9F
(H) Clean Air Act (42 U.S.C. sec. 7401-76711
(1) Water Pollution Control Act (,33 U.S.C. sec. 1251-1387)
W) Debarment and Suspension (Executive Orders 12549 and 12689)
(K) Byrd Anti -Lobbying Amendment (31 U.S.C. sec. 1352)
(L) Procurement of Recovered Materials (2 C.F.R. sec. 200.323)
(M) Prohibition on Telecommunications and Video Surveillance Services or Equipment (2 C.F.R. sec. 200.216)
(N) Domestic Preferences for Procurements (2 C.F.R. sec. 200.322)
Deschutes County / ARPA Grant No. 2022-175 Page 22
Docuftiy
Certificate Of Completion
Envelope Id: BB44FE1 B699C49CF94232D1 653455C9F
Status: Completed
Subject: Complete with DocuSign: ARPA grant contract 2022-175 City of Bend Homeless Solutions Partnershi...
Source Envelope:
Document Pages: 22 Signatures: 4
Envelope Originator:
Certificate Pages: 5 Initials: 0
Meghan Goss
AuloNav: Enabled
710 NW Wall st.
Envelopeld Stamping: Enabled
Bend, OR 97703
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
mgoss@bendoregon.gov
IP Address: 98.142.36.35
Record Tracking
Status: Original Holder: Meghan Goss Location: DocuSign
11/16/2022 10:02:54 AM mgoss@bendoregon.gov
Signer Events
Elizabeth Oshel
eoshet@bendoregon.gov
Assistant City Attorney
City of Bend
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 1/7/2022 10:19:20 AM
ID: 78804a74-6635-440d-b82c-b925b94e6d 5d
Company Name: City of Bend CMO
Signature
E197uslp.d bye
� o&W
OW4244 W ED. .
Signature Adoption: Pre -selected Style
Using IP Address: 75.164.150.237
Timestamp
Sent: 11/16/2022 10:08:00 AM
Viewed: 11/16/2022 10:15:26 AM
Signed: 11/16/2022 10:15:50 AM
Eric King
Oacusipnad try:
Sent: 11/16/2022 10:15:52 AM
eking@bendoregon.gov
bit
Viewed: 11/16/2022 10:18:05 AM
City Manager
3�84€r403
$
Signed: 11/16/2022 10:18:20 AM
City of Bend
Security Level: Email, Account Authentication.
Signature Adoption: Pre -selected Style
(None)
Using IP Address: 98.142.36.35
Electronic Record and Signature Disclosure:
Accepted: 7/5/2021 8:13:34 AM
ID: 63024 b46-3 be6-4515-ad Oa-4c02b498e37f
Company Name: City of Bend CMO
In Person Signer Events
Signature
Timestamp
Editor Delivery Events
Status
Timestamp
Agent Delivery Events
Status
Timestamp
Intermediary Delivery Events
Status
Timestamp =
Certified Delivery Events
Status
Timestamp
Carbon Copy Events Status Timestamp
Amy Fraley COPIED
Sent: 11/16/2022 10:18:21 AM
afraley@bendoregon.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events
Signature '
Timestamp
Notary Events
Signature "
Timestamp
Envelope Summary Events
Status
Timestamps
Envelope Sent
Hashed/Encrypted
11/1612022 10:08:00 AM
Certified Delivered
Security Checked
11/16/2022 10:18:05 AM
Signing Complete
Security Checked
11/16/2022 10:18:20 AM
Completed
Security Checked
11/16/2022 10:18:21 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Electronic Record and Signature Disclosure created on: 6121/2021 2:34:33 PM
Parties agreed to: Elizabeth Oshel, Eric King
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Bend (we, us or City) may be required by law to provide to you
certain written notices or disclosures. Described below are the terms and conditions for providing
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Until or unless you notify the City as described above, you consent to receive
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`��T E S coG2�
BOARD OF
Z
COMMISSIONERS
BOARD OF COUNTY COMMISSIONERS MEETING
9:00 AM, WEDNESDAY, APRIL 19, 2023
Barnes Sawyer Rooms - Deschutes Services Bldg - 1300 NW Wall St - Bend
(541) 388-6570 1 www.deschutes.org
MEETING FORMAT: In accordance with Oregon state law, this meeting is open to the public and
can be accessed and attended in person or remotely, with the exception of any executive session.
Members of the public may view the meeting in real time via YouTube using this link:
http://bit.ly/3mminzy. To view the meeting via Zoom, see below.
Citizen Input: The public may comment on any topic that is not on the current agenda.
Alternatively, comments may be submitted on any topic at any time by emailing
citizeninput@deschutes.org or leaving a voice message at 541-385-1734.
When in -person comment from the public is allowed at the meeting, public comment will also be
allowed via computer, phone or other virtual means.
Zoom Meeting Information: This meeting may be accessed via Zoom using a phone or computer.
• To join the meeting from a computer, copy and paste this link: bit.ly/3h3ogdD.
• To join by phone, call 253-215-8782 and enter webinar ID # 899 4635 9970 followed by the
passcode 013510.
• If joining by a browser, use the raise hand icon to indicate you would like to provide public
comment, if and when allowed. If using a phone, press *6 to indicate you would like to speak and
*9 to unmute yourself when you are called on.
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, call (541) 388-6572 or
email brenda.fritsvold@deschutes.org.
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.
CONSENT AGENDA
Consideration of Board Signature on letter removing Joseph Stapleton from the
Cannabis Advisory Panel and thanking him for his service
ACTION ITEMS
2. 9:10 AM Consideration of Document No.2023-343, an intergovernmental agreement
with the City of La Pine for the provision of law enforcement services by the
Deschutes County Sheriffs Office
3. 9:25 AM Request for Board Signature of Document No. 2023-327, Amendment #4 to
the Community Mental Health Provider agreement with PacificSource
4. 9:35 AM Acceptance of Oregon Health Authority grant #179643 to provide Behavioral
Health workforce incentives
5. 9:45 AM Revision to Homeless Solutions Partnership with the City of Bend
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.
April 19, 2023 BOARD OF COUNTY COMMISSIONERS MEETING Page 2 of 3
6. Executive Session under ORS 192.660 (2) (d) Labor Negotiations
ADJOURN
April 19, 2023 BOARD OF COUNTY COMMISSIONERS MEETING Page 3 of 3