2023-266-Minutes for Meeting July 17,2023 Recorded 8/22/2023N�vZES CO
BOARD OF
COMMISSIONERS
1300 NW Wall Street, Bend, Oregon
(541) 388-6570
Recorded in Deschutes County CJ2023-266
Steve Dennison, County Clerk
Commissioners' ,journal 08/22/2023 11:42:29 AM
l� qC\y` FS Cal/�t
2023-266
FOR RECORDING STAMP ONLY
BOCC MEETING MINUTES
Allen Room
1:00 PM MONDAY July 17, 2023 Live Streamed Video
Present were Commissioners Anthony DeBone, Patti Adair and Phil Chang. Also present were Erik Kropp,
Deputy County Administrator; Whitney Hale, Deputy 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 1:00 p.m.
CITIZEN INPUT: None
AGENDA ITEMS:
1. Annual Update from Jericho Road
Don Senecal, consultant to the Jericho Road Board of Directors, presented the
organization's annual report from 2022 which described the services offered by
Jericho Road and quantified the number of hours volunteered to each component
program (including housing assistance, emergency supplies, weekend food for
students, and free, hot meals Monday through Friday). Senecal shared information
on the outreach program which serves homeless campers in the Redmond area in
coordination with local partners and providers.
Responding to questions, Senecal explained the partnership with area churches
whereby an average of five campers per day are hosted in church parking lots. He
BOCC MEETING JULY 17, 2023 PAGE 1 OF 4
confirmed that some people have been referred to transitional housing or RV parks
once they have secured some stability.
The Board was interested to hear Senecal's personal experiences and observations
and invited him to speak as a private citizen at a future meeting of the Board under
citizen input.
2. Work session on proposed revisions to Deschutes County Code sections 2.36
and 2.37 regarding public contracting
County Counsel Dave Doyle said Senate Bill 1047 provided substantive changes to
public contracting requirements, and County staff have recommended similar
revisions to the County's contracting code (DCC 2.36 and DCC 2.37). In summary, the
changes increase the contract signature authority for department directors from
$25,000 to $50,000 and the County Administrator's signing authority threshold from
$150,000 to $250,000.
Doyle said if the Board concurs, a public hearing will be scheduled on these changes
before an ordinance is brought forward.
3. Use of Opioid Settlement Funds
Erik Kropp, Deputy County Administrator, reminded that Deschutes County expects
to receive an estimated $6.7 million in opioid settlement funds over the next 18
years as a result of national lawsuits against opioid manufacturers. Staff seeks
direction on how to allocate these anticipated revenues.
Stephanie Robinson, Administrative Analyst, said in response to the Board's
direction after Health Services initially proposed using these funds for three specific
uses, the Local Public Safety Coordinating Council discussed the proposal from
Health Services along with the Board's interest in reviewing a wider selection of
proposed uses. Robinson presented several options for proceeding at this time.
Commissioner DeBone supported directing some funding towards one or more
programs which assist in addiction recovery, noting these might be residential or
other treatment facilities.
Commissioner Adair said fentanyl is the leading killer of young adults, and the
overdose rate is overwhelming. She agreed it is critical that people have access to
recovery programs.
BOCC MEETING JULY 17, 2023 PAGE 2 OF 4
Commissioner Chang said under the terms of the settlement agreement, the funds
must be used for specific abatement strategies. He supported proceeding with the
proposal submitted by Health Services to allocate the funds to:
1) Prevention activities, including educational programs and community awareness;
2) Collaborative, cross -system coordination and surveillance activities; and
3) Intervention activities through the stabilization center.
Janice Garceau, Health Services Director, said following a large infusion of dollars at
the beginning of the payout period, annual payments will scale down dramatically
over the years. She said treatment is a costly endeavor and it is important to make
these dollars stretch over time.
Deevy Holcomb, Community Justice Director, provided an alternative suggestion for
funds relating to peer recovery mentors.
Commissioner DeBone asked if recovery efforts could be funded with one-time
dollars or over one, two or three years. He asked about making a one-time
investment in a program that would serve persons initially treated at the
stabilization center. Commissioner Adair added that some people seek assistance at
the stabilization center more than once.
Garceau offered to consult with Holcomb and other key staff and return with a
proposal to target recovery efforts more specifically.
Saying that a secure residential treatment facility would cost a great deal both
initially and over time, Commissioner Chang did not support exploring this idea.
Responding to Commissioner Adair, Garceau estimated that approximately $1.5
million will be received in the first payout year; it's projected that $348,000 will be
received in 2027.
Garceau confirmed that many persons who come to the stabilization center
experience addiction and mental health issues and are referred to various outside
organizations and resources. She clarified that staff will discuss a process to fund
one or more peer -led organizations to bolster recovery efforts and return to the
Board with a recommendation for a one-time investment paid from opioid
settlement funds.
4. Review draft presentation for the upcoming Bend Chamber What's Brewing
event
BOCC MEETING JULY 17, 2023 PAGE 3 OF 4
Stephanie Robinson presented a draft presentation for the Board to share at the
upcoming Bend Chamber What's Brewing event on August 8t". The Commissioners
provided feedback and requested minor changes.
OTHER ITEMS:
• Commissioner Adair shared that she toured Deer Ridge, which offers
inmates a program to learn welding in an effort to reduce recidivism.
• Commissioner DeBone referred to an email from Neighborlmpact seeking
ARPA funds to finish construction of its food warehouse.
• Commissioner DeBone commented on EDCO's annual meeting and
celebration which was held last week.
EXECUTIVE SESSION:
At 2:26 p.m., the Board entered Executive Session under ORS 192.660 (2) (e) Real Property
Negotiations.
At 2:34 p.m., the Board exited Executive Session to direct staff to proceed as directed.
ADJOURN:
Being no further items to come before the Board, the meeting was adjourned at 2:34 p.m.
DATED this Day of 2023 for the Deschutes County Board of Commissioners.
ANTHONY DEBONE, CHAIR
ATTEST:
ATTI ADAIR, VICE CHAIR
6 f mo (�,(
RECORDING SECRETARY
411111�
PHIL CHANG, COMMISSIONER
BOCC MEETING JULY 17, 2023 PAGE 4 OF 4
BOARD OF
COMMISSIONERS
MEETING DATE: July 17, 2023
SUBJECT: Annual Update from Jericho Road
RECOMMENDED MOTION:
N/A
BACKGROUND AND POLICY IMPLICATIONS:
Jericho Road will present an update to the Board on its programs and services.
BUDGET IMPACTS:
NA
ATTENDANCE:
Don Senecal, consultant to the Jericho Road Board of Directors
Annual Budget — 2022: $219,400 Annual Budget — 2023: 239,000
PROGRAMS
Jericho Table
Total number of meals served=8,105 to 6765 individuals (5433 adults and 101 children). 254 nights served.
Total Program Costs = $59,512.18
Volunteers = 1,248. Volunteer Hours =1,447
Weekend Food Program
Total number of food containers distributed =1,408 (1,128 provided during the school year and 280 given out during the
summer months.
Total program costs - $13,298.12 ($7.20 average cost of supplies in each bag).
Volunteers — 20 (8 adults and 12 students). Volunteer Hours - 643
Housing Assistance Program
Total number of requests approved = 162 (included 234 adults and 211 children). Those assisted also included 17 seniors,
29 disabled. 9 veterans. 17 Domestic Violence Survivors and 8 COVID related individuals.
Total program costs - $57,958.59 (25% of total budget).
Volunteers — 5. Volunteer Hours - 510
Emergency Service
Total number of individuals receiving support =100
Distribution included 78 heaters and hoses, 19 heater filters, 15 sleeping bags, 22 tents, 17 tarps, 8 stoves, 1 headlamp,
305 propane canisters, 6 packs of hand warmers, reflective vests, 350 gallons of fresh water, food and firewood.
Total Program costs=$9,389.86
Volunteers — 3. Volunteer Hours - 240
Homeless Camp Outreach
Total number of individuals served =1,371 (up from 768 in 2021).
10,000 pounds of perishable and non-perishable foods were served including meals of soup, sandwiches and burritos.
Clothing, boots, gloves, blankets, pillows, dog and cat food, bottled water, hygiene items.
Volunteers = 20 Volunteer hours=1,444.
Rubber Ducky Shower Trailer
Total days deployed = 52
Total number of showers provided = 747
Participants received towels, soap, shampoo, toothpaste and brushes.
500 sets of clean underwear, socks and hygiene supplies were also provided.
Volunteers —12. Volunteer Hours — 260.
Total Program Costs for Outreach and Rubber Ducky: $14,258.74
Grand Total Expenditures for all programs = $155,120.47
VOLUNTEERS
Volunteerism Pays!!!!
Total program volunteers = 1,308
Toiai prourain voiunieer hours = 14,477
Number of Volunteer Board Members, 2022 = 12
Number of Volunteer Board hours, 2022 = 576
Grand total of volunteer hours = 15,053
Pro -rated volunteer hours at minimum wage = $203,215.50
NEVER LET ANYONE TELL YOU VOLUNTEERISM DOESN'T MAKE A DIFFERENCE!
7
Bike Shop. Vital Provisions, Ten Barrel Brewery. Bright Side Animal Center. Windermere Realty's
Clothing Drive, Trader Joe's, Walmart, Ryan's Produce, Jordan's Produce, Franz Bakery, Expion Lithium
Batteries, Bi-Mart, Redmond Safeway, Redmond Fred Meyer, Grocery Outlet, Dollar Tree, Hub
Motel, Valero Service Station, Eberhard's Daily, Tate and Tate Caterers and Big 5 Sporting Goods.
17- AosaicMedical
Kiwanis Club
of Redmond, OR
FAMILY ACCESS NETWORK Oregon Food Bank
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f2E5I'ECi e StJf'P()RT - ADVOCACY
The Jericho Road Benefit Golf Tournament is a major event that attracted more thanl20 golfers and
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11
Annual Benefit Tournament that will take place on Saturday, August 12, 2023 at the Eagle Crest
Resort. Sponsors, Teams and Volunteers are encouraged to "sign up early"! Please watch our Face
Book Page and Website for information.
no
Jericho Road recognizes the foundations, organizations, businesses and corporations that have
given generously to help support our programs:
St. Charles Foundation, Batik of America, Bill Healy Foundation, Consumer Cellular, Cow Creek
Foundation, COSTCO, Deschutes County Commissioners, First Interstate Bank, Hunger
Prevention Coalition of Central Oregon, Les Schwab, Morgan Stanley, Oregon Community
Foundation, Morrison Family Fund; PacificCorps; Pacific Source, -R-eser Foundation; Mid -Oregon
Credit Union, Rotary of Greater Bend, Swigert Foundation, Windermere Realty, T-Mobile, US
Bank. First Ainerican 'Title. Mt. Bachelor Ski. Resort, Senecal Enterpriscs, Keener Dentistrv, Catalyst
Financial, Hayden Homes, Jay Gront-neyer. OnPomt Credit Union, Sun West. AIC Insurance and
Krueger & Lennox, Scott Lucas.
Jericho Road is the largest ecumenical social service effort east of the Oregon Cascades. Nineteen
local congregations not only provide regular financial support but also many of the volunteer
workers who snake Jericho Road a success. We could not serve without their support.
These Redmond area congregations support Jericho Road through their prayers. generosity and sense of
community:
Al! nVAVpl«—+V, 11-1-1u 3ch. of C 11J+{, r,U4h of 1-3-od 'Seve l.t ',-,lay, City Center Ch.0 1cA, Q\oU,A,Aond
Community of Christ, Community Presbyterian Church, Redmond Assembly of God, Highland
Baptist Church, Redmond Church of Christ, Redmond Seventh Day Adventist, St. Alban's
EuisConal, Redmond Community Church. Zion Lutheran Church_ The Bridi2e-Nazarene Church
NativityLutheran. Unitarian Universalist Fellowship, Mt. View Fellowship, Ignite Faith.
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,rdi1 11 i\-oa ai3v itii�ri�`vYieug�3 dnat, just as we couiu rlcvcr exist w1ullout cut, voiuntcc support, and
congregational generosity, there are others who have been an integral part of our efforts and have been
critical in our success.Many have already been mentioned, but these additional naives deserve the most
grateful thanks as well. We urge our friends and neighbors to show their appreciation whenever possible.
The City of Redmond, Redmond School District, Redmond High School's Leadership Class.
Family Access Network advocates. Neighborhnpact, Alliance Professionals, Central Oregon
Council on Aging, Homeless Leadership Coalition, Deschutes Brewery, Earth2.0, Eagle Crest
Re-,nri- Redmond Kiwanis_ Cenirni r )re,PYin 1- lid i a�' C-i77il 'K-Oilili Haas' Annuli �(1ckT(lY1P.r "rive
-- -- -- ---- - -, ---- -- -
Central Oregon Retired Educators, Crooked River Ranch Lions, High Desert Museum, Erickson
Museum of Flight, Redmond Police Department, Deschutes County Sheriff's Department,
MacDonald's, Callan Accounting, Bend Pet Express, Papa Murphy's, Starbucks, Mosaic Medical,
Best Care, Pine Mountain Sports, Starbucks of Redmond, Shelley Irwin, Deschutes County
Homeless Outreach, Thrive, Myrna and Ryan Anderson Food Delivery, Round Table Pizza, Big
Foot Beverages, McDonalds of Redmond, Oregon Food Bank, Order of the Eastern Star Chapter] 05,
Perception Alpha Omega, Presbytery of the Cascades, Redmond Faith Network, Boneyard Brewery,
Redmond Parks and Recreation District, Redmond Library, Redmond Service League,
Redmond VFW, ,, St. Vincent De Paul, Sun & Snow Extension Group, T hursday Book Group, Trinity
5
THE RUBBER DUCKY ROLLS!
Our three unit shower trailer began operation in January, 2022 and has gone on to wonderful things
like providing showers for many, many homeless folks and receiving clean clothes, personal hygiene
items along with all of the activities that the Outreach Program provides.
GIVING THANKS
OUR VOLUNTEERS
JERICHO ROAD VOLUNTEERS ARE FANTASTIC FOLKS YVHO GIVE FREELY THATOTHERSMAY HEAL
Jericho Road would like to thank each and every one of these ineredibleindividuals who so graciously and lovingly give of
their time and their resources to help those who, like the traveler along the Road to Jericho so many centuries ago,
needed help. In 2022 our volunteers generated more than $200,000 in in -kind labor!
Jericho Road Board of Directors-2022/3
Top Row: Dr. Mark Keener, President, Priscilla Bigler, Vice President, John Seitter, Treasurer,
Linda Sorum, Secretary, Ken Cardwell. Bottom Row: Tia Linschied, Shelley Irwin,
Casey Sadahiro, Margaret King, Iry Nygren (Founder and Emeritus Member).
Not pictured: Eleanor Bessonette, Robert Bohac, Alison McKinney, and Colton Cross.
4
Mousing Assistance
The goal of Jericho Road's Housing Assistance Program is to prevent homelessness by helping folks to stay in
their homes. Priscilla Bigler and the Housing Assistance team interview families and individuals seeking
assistance. We provide a friendly and comforting place to meet with those needing help andthose willing to
give support. Messages of gratitude and the sharing of successful outcomes are the things thatfuel the passions
of our volunteers in continuing to keep families and individuals, regardless of age, physical conditions or
backgrounds from becoming homeless.
0
.lea icho's Outreach: Program
Jericho Road's Outreach Program takes supplies, goodwill and assistance to homeless campers in the
Redmond area. Linda Sorum helps coordinate one of the most comprehensive and effective on
site programs in Central Oregon. Bringing food, supplies and goodwill, the atmosphere of our
visits is one of caring and positive support.
We depend a great deal on our local partners and providers. Their donations and involvementmakes a great
difference in our success working with our participants.
Reaching out to the people who live in camps is a positive and appreciated action that helps create trust while
building hope and a sense of security. Sometimes a cup of coffee and a hot sandwich makes all the difference. In
2021 the Outreach team of 10 volunteers assisted 15 to 35 people each week living "oft' the grid" in the
Redmond area.
The emphasis on immediate needs has taken a higher priority during 2022. Items such as sleeping bags, propane
space heaters, propane canisters, tents, tarps, pet food, firewood, bus passes and other items are given those at
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91
OUR MISSION STATEMENT:
"To provide consistent, nurturing and tangible support to the homeless and
those in need within the Redmond, Oregon area ".
MESSAGE FROM THE CHAIR
Dr. Mark Keener
2022 proved to be one of the most eventful and exciting and challenging years in the history of Jericho Road. Our
volunteers and those who support our programs as partner agencies and organizations, donors and contributors were
confronted with situations that offered tremendous opportunities as well as testing our resolve. The incredible flexibility,
ingenuity and talent everyone brought to our cause of helping the homeless and hungry is to be honored and celebrated.
In the following pages you will learn about each of our programs and the ways in which we ALL work together to ensure
those we serve receive the very best, possible care and attention. It has always been an honor to work with these fantastic
people. They deserve the very highest accolades possible. Their strength of character has always supported Jericho Road
and those we serve. We look forward to continuing relationships with each one of you as we offer dignity and a better
future for the people we love.
JERICHO ROAD PROGRAMS
Jericho Table
Jericho Table provides free, hot meals Mondays through Friday's each month. Volunteers help serve the meals
while engaging our guests with conversation and genuine and caring support. The ability to communicate and just
being friendly and talking to our guests is a critical part of the service we provide. Letting people know we care
and want to help. Under the steady hands of Tia Linschied and Ken Cardwell. the program coordinators and their
crew of volunteers, the Table provides encouragement and nutrition in the best possible ways!
Jericho Table, at their location at the Church of God Seventh Day's Fellowship Hall, 205W 411' Streetin Redmond,
is the gathering place for additional activities such as well: Portable Showers, Mosaic Medical Van, Housing
Assistance, and many more.
Weekend Food Program
Program Coordinator Eleanor Bessonette, along with her student volunteers at Redmond High School, filled 1,408
bags of nutritious food that were distributed to every school in the district. Students in Redmond, Tumalo,
Terrebonne and parts of Crooked River Ranch all had a better chance to eat healthy because of our volunteers'
efforts. Parent's comments have been "You have no idea what this mans to our family"; "I feel better knowing
canhelp my family with food..; "Bless you for helping".
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P.O. Box1623, Redmond, OR.97756
541-699-2099
I�JT E S Co,
MEETING DATE: July 17, 2023
SUBJECT: Work session on proposed revisions to Deschutes County Code sections 2.36
and 2.37 regarding public contracting
RECOMMENDED ACTION:
Provide direction on whether or not to proceed with a public hearing and further
consideration of the proposed revisions.
BACKGROUND AND POLICY IMPLICATIONS:
SB 1047 provided substantive changes to public contracting requirements. County staff have
also identified needed revisions.
This work session will be an opportunity for the Board to consider whether or not to proceed
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BUDGET IMPACTS:
None
ATTENDANCE:
Admin
Lega I
F
CMG
COUINTY LEGAL
Christopher Bell, Sr. Assistant Legal Counsel
John E. Laherty, Sr. Assistant Legal Counsel
Stephanie Marshall, Assistant Legal Counsel
Kimberly Riley, Assistant Legal Counsel
David Doyle, Legal Counsel
MEMORANDUM
To: Commissioners
FROM: Dave Doyle
DATE: July 10, 2023
RE: Revisions to County Contracting Code
In light of substantive changes provided by SB 1047 and in context with clean-up revisions
requested by county staff, Legal has drafted proposed revisions to the county contracting code
(DCC 2.36 and DCC 2.37). The proposed revisions are attached for BOCC review in advance
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CHAPTER 2.36 LOCAL CONTRACT REVIEW BOARD
2.36.010 Purpose; Statutory Authority
2.36.020 Creation And Functions Of Board
2.36.030 Model Public Contract Rules
2.36.040 Exemptions From Competitive Bidding
2.36.050 Delegation
2.36.010 Purpose; Statutory Authority
The purpose of DCC 2.36 is to authorize the Board to perform the duties of a local contract review board
in lieu of permitting the Public Contract Review Board to perform the functions of reviewing public
contracts as required by Oregon Laws 1975, Chapter 771.
HISTORY
Adopted by Ord. 203-8 §1 on 112111976
2.36.020 Creation And Functions Of Board
The Board is designated a local contract review board to perform the functions of the Public Contract
Review Board.
HISTORY
Adopted by Ord. 203-8 §2 on 112111976
2.36.030 Model Public Contract Rules
The Attorney General's Model Public Contract Rules adopted pursuant to operative sections of ORS Chps.
279A, 279E and 279C, shall be the rules of the local contract review board. Procedures for personal
services contracts required by ORS 279A.055 are set forth in DCC 4.06.
HISTORY
Adopted by Ord. 97-030 §1 on 41211997
Amended by Ord. 98-092 §1 on 1211611998
Amended by Ord. 2003-018 §1 on 61912003
Amended by Ord. 2020-005 §1 on 11112021
2.36.040 Exemptions From Competitive Bidding
See DCC 2.37.070 and DCC 2.37.090 for exemptions. In-additio
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HISTORY
Adopted by Ord. 98-092 §1 on 1211611998
Amended by Ord. 99-035 §1 on 1112411999
Amended by Ord. 2000-012 §1 on 51812000
Amended by Ord. 2020-005 §1 on 11112021
Ainjended uy Ord. 2023-xxx §1 on "fgj E.
2.36.050 Delegation
A. Excepting the department head of the Health Department who shall haVe GORtract authog"
$904, 08; Eeach County employee and elected official designated as a department head of the
County is authorized to contract in an amount not to exceed $502-5,000 for each contract,
amendment, and/or chafe order provided sufficient sums are appropriated and unencumbered
in the County budget and there are sufficient cash resources available to pay the maximum
consideration set forth in each contract.
B. The County Administrator may award competitive bids and enter into contracts amendments,
and/or change orders in an amount not to exceed $2-150,000 for each contract amendment
and/or change orderaoy-&k%4e-E r-ae-t.
HISTORY
Adopted by Ord. 98-092 §1 on 12/16/1998
Amended by Ord. 2000-012 §1 on 51812000
Amended by Ord. 2007-002 §1 on 112412007
Amended by Ord. 2020-005 §1 on 11112021
Amended by Ord. 2023-xxx §1 on DATE.
CHAPTER 2.37 PUBLIC CONTRACTING CODE
2.37.010 Purpose; Statutory Authority
2.37.020 Model Public Contract Rules
2.37.030 Public Contract Review Board
2,37.040 Purchasing Agent
2.37.050 Definitions
2.37.060 Signature Authority
2.37.065 Competitive Sealed Proposals (Repealed)
2.37.070 Class Special Procurements
2.37.080 Exemption For Certain Personal Services
2.37.090 Exemption From Sealed Bids Or Proposals
2.37.100 Purchases Thresh Federal Programs
2.37.110 Contracts For Disposal Of Personal Property
2.37 120 Notice Of Intent To Award; Notice To Proceed And Contract Administration
2.37.130 Qualified Pool
2.37.140 Contested Case Procedures
2.37.150 Standard Contract Provisions
2.37.160 Competitive Electronic Auction Bidding
2.37.010 Purpose; Statutory Authority
The purpose of DCC 2.37 is to implement the provisions of ORS 279A, 279E and 279C, which may be
collectively referred to herein as the Public Contracting Code. This chapter shall be known as the
Deschutes County Contracting Code and may be referred to herein as "this chapter."
HISTORY
Adopted by Ord. 2005-010 §1 on 212812005
2.37.020 Model Public Contract Rules
Except as otherwise pr-Gvidedinth+s}aate , Tthe Model Rules of Public
Contract Procedure, OAR 137, divisions 46, 47, 48 and 49, herein referred to as the Model Rules,
adopted by the Oregon Attorney General, as amended in 2008, and from time to time amended, shall be
the rules of the Deschutes County Contract Review Board. Where rn4re„cethese rules conflict with any
provision of the Public Contracting Code unless expressly stated that this chapter will appiy,4s,4Ra4e4o
v+des otherwise, the
eerFespm44+eg-provisions of the Model Rules shall also -apply.
HISTORY
Adopted by Ord. 2005-010 §1 on 212812005
Amended by Ord. 2008-023 §1 on 1112312008
Amended by, Ord. 2023-xxx §1 on DATE
2.37.030 Public Contract Review Board
Except as expressly delegated under this chapter or by Board Resolution, the Board of County
Commissioners, "Board," acting in its capacity as the governing body of the County or of each and every
County service district, reserves to itself the exercise of all duties and authority of a contract review
board and a contracting agency under state law. Where this chapter refers to the "County," unless the
context indicates a different meaning, the reference shall mean and include Deschutes County or the
particular County service district for which the Board is the governing body.
HISTORY
Adopted by Ord. 2005-010 §1 on 212812005
Amended by Ord. 2008-023 §1 on 1112312008
2.37.040 Purchasing Agent
A. The County Administrator is designated as the Purchasing Agent of the County and is hereby
authorized to issue or cause to be issued all solicitations and to award all County contracts for
which the contract price does not exceed $2-150,000. Subject to the provisions of this chapter,
the Purchasing Agent may adopt and amend all solicitation materials, contracts and forms
required or permitted to be adopted by contracting agencies under the Public Contracting Code
or otherwise convenient for the County's contracting needs.
B. In the context of requests for County proposals the department director and in the case of
county service districts, each administrator, director or managing board, is authorized to
determine the method of contractor selection and selection criteria.
C. Notwithstanding ORS 279B.075, the Purchasing Agent and in the case of county service districts,
each administrator, director or managing board, is authorized to determine that goods or
services, or classes of goods or services, are available from only one source, based upon one or
more of the following findings: (1) that the efficient utilization of existing goods requires the
acquisition of compatible goods or services; (2) that the goods or services required for the
exchange of software or data with other public or private agencies are available from only one
source; (3) that the goods or services are for use in a pilot or experimental project; or (4) other
findings that support the conclusion that the goods or services are available from only one
source. In making the determination under this subsection C the Purchasing Agent or other
authorized representative shall publish notice at least seven (7) days in advance and consider
any written comments or objections. At the conclusion of the seven-day notice period written
findings to justify the sole source determination shall be prepared and placed in the contract file.
A copy of such findings shall promptly be furnished to all persons who submitted written
comments or objections.
D. In the case of county service districts the director, administrator or managing board is
designated as the purchasing agent of the district and is hereby authorized to issue all
solicitations and to award all district contracts for which the contract price does not exceed
$5025,000 unless otherwise specifically set forth in the operating agreement between the
County and the district. Subject to the provisions of this chapter, the purchasing agent of the
district may adopt and amend all solicitation materials, contracts and forms required or
permitted to be adopted by contracting agencies under the Public Contracting Code or otherwise
convenient for the district's contracting needs.
E. Whenever the Oregon State Legislative Assembly enacts laws or the attorney general modifies
the Model Rules, the County Legal Counsel shall review this chapter and recommend to the
Board any modifications required to ensure compliance with changes in state law or the Model
Rules.
HISTORY
Adopted by Ord. 2005-010 §1 on 212812005
Amended by Ord. 2008-023 §1 on 1112312008
Amended by Ord. 2023-xxx§1 on DATE
2.37.050 Definitions
The following terms used in this chapter shall have the meanings set forth below:
A. "Award" means the selection of a person to provide goods, services or public improvements
under a public contract. The award of a contract is not binding on the County until the contract is
executed by the person and the County.
B. "Bid" means a binding, sealed, written offer to provide goods, services or public improvements
for a specified price or prices.
C. "Concession agreement" means a contract that authorizes and requires a private entity or
individual to promote or sell, for its own business purposes, specified types of goods or services
from real property owned or managed by the County, and under which the concessionaire
makes payments to the County based, at least in part, on the concessionaire's revenues or sales.
The term "concession agreement" does not include a mere rental agreement, license or lease for
the use of premises.
D. "Contract price" means the total amount paid or to be paid under a contract, including any
approved alternates, and any fully executed change orders or amendments.
"Debarment" means a declaration by the Purchasing Agent or the Board under ORS 27913.130 or
ORS 279C.440 that prohibits a potential contractor from competing for the County's public
contracts for a prescribed period of time.
F. "Disposal" means any arrangement for the transfer of personal property by the County under
which the County relinquishes ownership.
G. "Emergency" means circumstances that: (1) could not have been reasonably foreseen; (2)
creates a substantial risk of loss, damage or interruption of services or a substantial threat to
property, public health, welfare or safety; and (3) requires prompt execution of a contract to
remedy the condition.
H. "Findings" are the statements of fact that provide justification for a determination. Findings may
include, but are not limited to, information regarding operation, budget and financial data;
public benefits; cost savings; competition in public contracts; quality and aesthetic
considerations, value engineering; specialized expertise needed; public safety; market
conditions; technical complexity; availability, performance and funding sources.
I. "Goods" means any item or combination of supplies, equipment, materials or other personal
property, including any tangible, intangible and intellectual property and rights and licenses in
relation thereto.
J. "Informal solicitation" means a solicitation made in accordance with the Contracting Code and
this chapter to a limited number of potential contractors, in which the Solicitation Agent
attempts to obtain at least three quotes or proposals.
K. "Invitation to bid" means a publicly advertised request for competitive sealed bids.
L. "Offeror" means a person who submits a bid, quote or proposal to enter into a public contract
with the County.
M. "Personal services contract" means a contract with an independent contractor predominantly
for services that require special training or certification, skill, technical, creative, professional or
communication skills or talents, unique and specialized knowledge, or the exercise of judgment
or skills, and for which the quality of the service depends on attributes that are unique to the
service provider. Personal services include, but are not limited to, the services of architects,
engineers, land surveyors, attorneys, auditors and other licensed professionals, artists,
designers, computer programmers, performers, consultants and property managers. The
Purchasing Agent or the Board shall have discretion to determine whether additional types of
services not specifically mentioned in this paragraph fit within the definition of personal
services.
N. "Proposal' means a binding offer to provide goods, services or public improvements with the
understanding that acceptance will depend on the evaluation of factors other than, or in
addition to, price. A Proposal may be made in response to a request for proposals or under an
informal solicitation.
O. "Qualified pool' means a pool of vendors who are pre -qualified to compete for the award of
contracts for certain types of contracts or to provide certain types of services.
P. "Quote" means a price offer made in response to an informal or qualified pool solicitation to
provide goods, services or public improvements.
Q. "Request for proposals" means a publicly advertised request for sealed competitive proposals.
R. "Services" means and includes all types of services (including construction labor) other than
personal services.
S. "Solicitation" means an invitation to one or more potential contractors to submit a bid, proposal,
quote, statement of qualifications or letter of interest to the County with respect to a proposed
project, procurement or other contracting opportunity. The word "solicitation" also refers to the
process by which the County requests, receives and evaluates potential contractors and awards
public contracts.
T. "Solicitation Agent" means with respect to a particular solicitation or contract, the County
employee charged with responsibility for conducting the solicitation and making an award, or
making a recommendation on award to a department head, the Purchasing Agent or the Board.
U. "Solicitation documents" means all informational materials issued by the County for a
solicitation, including, but not limited to advertisements, instructions, submission requirements
and schedules, award criteria, contract terms and specifications, and all laws, regulations and
documents incorporated by reference.
V. "Surplus property" means personal property owned by the County, which is no longer needed
for use by the department to which such property has been assigned.
HISTORY
Adopted by Ord. 2005-010 §1 on 212812005
Amended by Ord. 2008-023 §1 on 1112312008
2.37.060 Signature Authority
A.
-$&0,-Q9G, Eeach County Department Head and each elected County official designated as a
department head (unless expressly provided otherwise by the Board of County Commissioners)
is authorized to award competitive bids and proposals and enter into contracts, amendments,
and/or change orders in an amount not to exceed $5025,000 for each contract, amendment,
and/or change orderrentraa, provided sufficient sums are appropriated and unencumbered in
the County or, as applicable, district budget and there are sufficient cash resources available to
nav the maximum rnncirlarntinn cpt forth in aarh anrd avery rnntrart
r,..r .... maximum ... .... .. _ . ....... _ .. _.. ,
B. The County Administrator is authorized to award competitive bids and proposals and enter into
contracts, amendments, and/or change orders in an amount not to exceed $ 150,000 for each
aoy-� contract, amendment, and/or change order provided sufficient sums are appropriated
and unencumbered in the County budget and there are sufficient cash resources available to pay
the maximum consideration set forth in each and every contract. For purposes of this subsection
contracts shall include agreements between the county and any public entity, including federal,
state and local governments.
C. In determining the monetary limits of authority to enter into contracts, amendments, and/or
change orders on behalf of the County, the cost or price for the specific contract, amendment
and/or change order entiFe term, ' shall be considered.
HISTORY
Adopted by Ord. 2005-010 §1 on 212812005
Amended by Ord. 2008-023 §1 on 1112312008
Amended by Ord. 2014-024 §1 on 812712014
Amended by Ord. 2020-005 §1 on 11112021
Amended by Ord. 2023-xxx §1 on DATE
2.37.065 Competitive Sealed Proposals (Repealed)
HISTORY
Repealed by Ord. 2014-024 on 812712014
2.37.070 Class Special Procurements
A. The County may award a public contract under a Class Special Procurement pursuant to the
requirements of ORS 279B.085. Such procurements allow the County to enter into one or more
contracts over time without following the requirements of competitive sealed bidding,
competitive sealed proposals or intermediate procurements.
B. The Board of County Commissioners declares the following as classes of special procurements.
Such contracts may be awarded in any manner, which the Solicitation Agent deems appropriate
to the County's needs, including by direct appointment or purchase. Except where otherwise
provided the Solicitation Agent shall make a record of the method of award.
1. Manufacturer Direct Supplies. The County may purchase goods directly from a
manufacturer without competitive bidding if a large volume purchase is required and
the cost from the manufacturer is the same or less than the cost the manufacturer
charges to its distributor(s). Procurements of this type are made on a contract -by -
contract basis and are not requirements contracts.
2. Purchase of Advertising Contracts. Contracts for the placing of notices or advertisements
may be published in any medium.
Coitract5 p $25 vvCoiLakUtype for .hcthe contrt price dnec not3Uto v.any
exceed $2540,000 without a record of the method of award.
4. Copyrighted Materials; Library Materials. The County may purchase copyrighted
materials where there is only one known supplier available for such goods. This includes,
but is not limited to, works of art, books, periodicals, curriculum materials, reference
materials, audio and visual media, training materials in any media and non -mass
marketed software from a particular publisher or its designated distributor.
5. Requirements Contracts. The County may competitively select a vendor to provide
specified goods and services that are routine or repetitive over a defined contract term
at particular prices even though the precise volume or number of such purchases is not
known in advance.
6. Use of Existing Contractors. When a public improvement is in need of minor alteration or
repair at or near the site of work being performed by another County contractor, the
County may hire that contractor to perform the work, provided:
a. The contractor was hired through a selection process permitted by County Code;
b. The Solicitation Agent first obtains a price quotation for the additional work
from the contractor that is competitive and reasonable;
c. The total cost of the proposed work and the original work will not exceed the
Bureau of labor and Industries' prevailing wage threshold; and
d. The original contract is amended to reflect the new work and is approved by the
Purchasing Agent before work begins.
Purchase of Used Personal Property or Equipment. The County may directly purchase
used personal property and equipment if such property is suitable for the County's
needs and can be purchased for a lower cost than substantially similarly new property.
For this purpose the cost of used property shall be based upon the life -cycle cost of the
property over the period for which the property will be used by the County.
8. Hazardous Material Removal and Oil Clean-up. When ordered to clean up or remove
hazardous material or oil by the Oregon Department of Environmental Quality, the
County may directly acquire such services from any qualified or certified vendor. In doing
so, the following conditions apply:
a. To the extent reasonable under the circumstances, encourage competition by
attempting to obtain informal price quotations or proposals from potential
suppliers of goods and services.
b. The county department responsible for managing or coordinating the clean-up
shall prepare and submit to the Purchasing Agent a written description of the
circumstances that require it and a copy of the DEQ order for the cleanup ,
together with a request for contract authorization;
The county department shall record whether there was time for competition,
and, if so, the measures taken to encourage competition, the amount of the
price quotations obtained, if any, and the reason for selecting the contractor to
whom award is made; and
d. The timeline for cleanup does not permit use of intermediate or formal
procurement procedures.
Change orders and amendments to contracts and price agreements. The County may
execute contract amendments and change orders, as follows:
a. An original valid contract exists between the parties;
b. The change order is within the general scope of the contract;
c. The change order is implemented in accordance with the change provisions of
the contract;
d. The amount of the aggregate cost change resulting from all change orders does
not exceed twenty-five (25%) of the initial contract; and
e. The change order does not modify the contract's terms and conditions except to
reflect a change in:
1. the amount of payments;
2. technical specifications, time of delivery, place of delivery, form of
delivery, quantity or manufacturer of services or goods;
3. completion date of the project;
44any combination of the foregoing under the Contract; and,
4:5.(4the amounts of any applicable performance and payment bonds are
proportionally increased.
f. Contract change orders are authorized under this subsection where the original
contractor is allegedly in default and the contractor's surety can provide
substitute performance pursuant to the original contract to complete or correct
the work at hand.
10. Concession Agreements. Contracts entered into by the Fair and Expo Center which grant
a franchise or concession to a private entity or individual to promote or sell, for its own
business purposes, specified types of goods or services from all or a portion of the
fairgrounds and under which the concessionaire or promoter makes payments to the
Fair and Expo Center based, at least in part, on the concessionaire's revenues from sales
or the value of such promotion to the sponsor's business, whether on or off the
fairgrounds property. The Director of the Fair and Expo Center shall, subject to approval
of the Deschutes County Fair Board, prepare and implement selection criteria, based
upon the proprietary nature of the Fair and Expo Center. A Concession Agreement does
not include an agreement, which represents a rental, lease, license, permit or other
nrranvement for the ice of niihlir nrnnprty Thp Fair and Fxnn rpntpr nirartnr may
award concession agreements in connection with the annual fair by any method
deemed appropriate by the Director, including without limitation, by direct
appointment, private negotiation, from a qualified pool, or using a competitive process.
11. Equipment Repair. Contracts for equipment repair or overhauling, provided the service
or parts required are unknown and the cost cannot be determined without extensive
preliminary dismantling or testing.
12. Abandoned, Seized and Non -Owned Personal Property. Contracts or arrangements for
the sale or other disposal of abandoned, seized or other personal property not owned
by the County at the time the County obtains possession are not subject to competitive
procurement procedures.
13. Sponsorship Agreements. Sponsorship agreements, under which the County receives a
gift, donation or consideration in exchange for official recognition of the person making
the donation or payment may be awarded by any method deemed appropriate by the
County, including without limitation, by direct appointment, negotiation, from a
qualified pool, or using a competitive process.
14. Renewals. Contracts that are being renewed in accordance with their terms (and may
include a fiscal adjustment not exceeding one-half of the established CPI January--
January COLA) are not considered to be newly issued Contracts and are not subject to
competitive procurement procedures.
15. Temporary Extensions or Renewals. Contracts for a single period of one year or less, for
the temporary extension or renewal of an expiring and non-renewable, or recently
expired contract, other than a contract for public improvements.
16. Temporary Use of County -Owned Property. The County may negotiate and enter into a
license, permit or other contract for the temporary use of County -owned property
without using a competitive selection process if:
a. The contract results from an unsolicited proposal to the County based on the
unique attributes of the property or the unique needs of the proposer;
b. The proposed use of the property is consistent with the County's use of the
property and the public interest; and
c. The County reserves the right to terminate the contract without penalty, in the
event that the County determines that the contract is no longer consistent with
the County's present or planned use of the property or the public interest.
17. Event agreements between the Fair and Expo Center and private parties, which
represent a rental, lease, license, permit or other arrangement for the use of a portion
of the fairgrounds property whether a fee is paid or not.
18. Franchises for cable television and for collection and disposal or processing of solid
, Incfn nnrl rorvrinhlc mnfarinl
19. Leases and revocable permits for use of county -owned real property, including right-of-
way.
20. Contracts for paper products which are specified to be used in conjunction with the
County Clerk's election ballot tabulation equipment.
21. Collective bargaining agreements
22. Contracts with area humane societies, which generally involve receipt, care for and
disposition of stray domestic animals.
HISTORY
Adopted by Ord. 2005-010 §1 on 212812005
Amended by Ord. 2008-023 §1 on 1112312008
Amended by Ord. 2014-024 §1 on 812712014
Amended by Ord. 2020-005 §1 on 11112021
Amended by Ord. 2023-xxx §1 on DATE
2.37.080 Exemption For Certain Personal Services
A. The County may award contracts for personal services, as defined in DCC 2.37.050, under the
procedures of ORS 279C.100 through 279C.125 and the Model Rules which implement such
statutes, or subsection B of this section without following the selection procedures set forth
elsewhere in the Model Rules.
B. Direct Appointment. in any of the following circumstances a qualified provider of personal
services may be appointed under any method deemed in the County's best interest by the
Solicitation Agent, including by direct appointment.
1. Under circumstances which could not reasonably have been foreseen which create a
substantial risk of loss, damage, interruption of services or threat to the public health
and safety and require the prompt performance of the services to remedy the situation;
or
2. Where the estimated fee does not exceed $7-25,000 in any fiscal year or $2-150,000 over
the full term, including optional renewals; or
3. Contracts of not more than $2-150,000 for the continuation of work by a contractor who
performed preliminary studies, analysis or planning for the work under a prior contract
may be awarded without competition if the prior contract was awarded under a
competitive process and the Solicitation Agent determines that use of the original
contractor will significantly reduce the costs of or risks associated with the work.
4. Contracts for maintenance, repair and technical support for computer hardware,
software and networking systems.
S. Services provided by a psychologist, psychiatrist or psychiatric nurse practitioner.
C. Direct appointment niirciiant to Chic cartinn chall ho rmmnatitivo to tha ovtpnt nrartirahip anti
may be based upon criteria which include without limitation the provider's experience, available
resources, the project's location and the provider's pricing.
D. The County may select a provider of personal services under this section from a qualified pool,
or from:
1. The County's current list of qualified providers;
2. From another public contracting agency's current list of qualified providers pursuant to
an intergovernmental agreement; or
3. From among all qualified providers offering the necessary services that the County can
reasonably locate under the circumstances.
E. Design -Build or Construction Manager/General Contractor. Contracts for the construction of
public improvements using a design/build or construction manager/general contractor
construction method shall be awarded under a request for proposals. The determination to
construct a project using a design/build or construction manager/general contractor
construction method must be approved by the Board or its designee, upon application of the
Purchasing Agent and in compliance with competitive bidding requirements as specified in ORS
279A.065(3).
HISTORY
Adopted by Ord. 2005-010 §1 on 212812005
Amended by Ord. 2008-023 §1 on 1112312008
Amended by Ord. 2014-024 §1 on 812712014
Amended by Ord. 2023-xxx §1 on DATE
2.37.090 Exemption From Sealed Bids Or Proposals
In addition to the contracts not subject to the Public Contracting Code, pursuant to ORS 279A.025, and
contracts which are exempt from competitive bidding and proposal requirements under this chapter,
contracts may be awarded as follows:
A. Contracts, other than contracts for personal services, maybe awarded without competitive
sealed bids under ORS 279B. 055 and without competitive sealed proposals under ORS
27913.060, pursuant to ORS 2796.065, 2798.070, 279B.075, 279B.080, or 2798.085 and the
Model Rules for the following classes of cases:
The Purchasing Agent determines that an emergency condition exists which requires
prompt execution of a contract. The determination shall be made prior to execution of a
contract and part of the acquisition record. Exemption under this paragraph shall include
exemption from bid security and payment and performance bond requirements. An
amendment to any contract entered into pursuant to this paragraph shall be approved in
accordance with required procurement procedures.
2. Contracts under $25�0,000 need not be awarded competitively.
3. Contracts exceeding $2518,000 but not exceeding $2-150,000, where competitive quotes
or proposals are obtained.
B. Where a contract is awarded under paragraphs 3 of subsection A of this section, the department
awarding the contract shall obtain at least three (3) informally solicited quotes or proposals, if
possible; shall document in its records the quotes and proposals received, and if fewer than
three, the effort that was made to obtain quotes or proposals. A quote or proposal received by
telephone shall be considered a written quote when it is recorded in records of the County. A
quote or proposal received by email shall be considered a written quote or proposal when it is
received by the County.
C. If a contract is awarded under this section, the County shall award the contract to the offeror
whose quote or proposal will best serve the County's interests, taking into account price, as well
as, considerations including, but not limited to experience, expertise, product functionality,
suitability for a particular purpose and contractor responsibility under ORS 2798.110.
D. The Board may approve a contract specific special procurement if it finds after giving notice
pursuant to ORS 279B.055(4) that a written request submitted by the Purchasing Agent
demonstrates that the use of a special procurement as described in the request, or in alternative
procedures described by the Purchasing Agent will:
1. Be unlikely to encourage favoritism in the awarding of public contracts or to substantially
diminish competition for public contracts; and
2. Is reasonably expected to result insubstantial cost savings to the county or to the public,
or otherwise substantially promote the public interest in a manner that could not
practicably be realized by complying with requirements that are applicable under ORS
279B.055, 279B.060, 27913.065 or 279B.070.
E. Unless otherwise provided in the contract or purchase order, the provisions of Section 2.37.150
shall apply to all contracts entered into pursuant to this section.
HISTORY
Amended by Ord. 2008-023 §2 on 1112312008
Amended by Ord. 2014-024 §1 on 812712014
Amended by Ord. 2023-xxx §1 on DATE
2.37.100 Purchases Through Federal Programs
Goods and services may be purchased without competitive procedures under a local government
purchasing program administered by the United States General Services Administration ("GSA") as
provided in this section.
A. The procurement must be made in accordance with procedures established by GSA for
procurements by local governments, and under purchase orders or contracts submitted to and
approved by the Purchasing Agent or the Board. The Solicitation Agent shall provide the
Purchasing Agent v jth a Copy ,^,f the let+ee j mamewanr4i im nr nthor dnrwimentatinn frnm GCA
establishing permission to the County to purchase under the federal program.
The price of the goods or services must be established under price agreements between the
federally approved vendor and GSA.
C. The price of the goods or services must be less than the price at which such goods or services
are available under state or local cooperative purchasing programs that are available to the
County.
D. If a single purchase of goods or services exceeds $-150,000, the Solicitation Agent must obtain
informal written quotes or proposals from at least two additional vendors (if reasonably
available) and find, in writing, that the goods or services offered by GSA represent the best value
for the County. This subsection does not apply to the purchase of equipment manufactured or
sold solely for military or law enforcement purposes.
HISTORY
Adopted by Ord. 2005-010 §1 on 212812005
Amended by Ord. 2008-023 §1 on 1112312008
Amended by Ord. 2023-xxx §1 on DATE
2.37.110 Contracts For Disposal Of Personal Property
A. General Methods. Except as otherwise provided in subsection E of this section, surplus property
may be disposed of by any of the following methods upon a determination by the Solicitation
Agent that the method of disposal is in the best interest of the County. Factors that may be
considered by the Solicitation Agent include costs of sale, administrative costs, and public
benefits to the County. The Solicitation Agent shall maintain a record of the reason for the
disposal method selected, and the manner of disposal, including the name of the person to
whom the surplus property was transferred.
1. Governments. Without competition, by transfer or sale to another County department
or public agency.
2. Auction. By publicly advertised auction to the highest bidder.
3. Bids. By publicly advertised invitation to bid.
4. Liquidation Sale. By liquidation sale using a commercially recognized third -party
liquidator selected in accordance with rules for the award of personal services contracts.
Fixed Price Sale. The Solicitation Agent may establish a selling price based upon an
independent appraisal or published schedule of values generally accepted by the
insurance industry, schedule and advertise a sale date, and sell to the first buyer meeting
the sales terms.
6. Trade-in. By trade-in, in conjunction with acquisition of other price -based items under a
competitive solicitation. The solicitation shall require the offer to state the total value
assigned to the surplus property to be traded.
7. Donation. By donation to any organization operating within or providing a service to
residents of the County which is recognized by the Internal Revenue Service as an
organization described in section 501(c)(3) of the Internal Revenue Code of 1986, as
amended.
B. Disposal of Property with Minimal Value. Surplus property which has a value of less than $1500,
or for which the costs of sale are likely to exceed sale proceeds may be disposed of by any means
determined to be cost-effective, including by disposal as waste. The official making the disposal
shall make a record of the value of the item and the manner of disposal.
C. Personal -Use Items. An item (or indivisible set) of specialized and personal use with a current
value of less than $2-100, other than police officer's handguns which may exceed $2-100 in value,
may be sold to the employee or retired or terminated employee for whose use it was purchased.
These items may be sold for fair market value without bid and by a process deemed most
efficient by the Purchasing Agent or the Board.
D. Restriction on Sale to County Employees. County employees shall not be restricted from
competing, as members of the public, for the purchase of publicly sold surplus property, but
shall not be permitted to offer to purchase property to be sold to the first qualifying bidder until
at least three days after the first date on which notice of the sale is first publicly advertised.
E. The provisions of this section are in addition to other methods of disposition of surplus county
property provided by DCC chapter 2.70, state law or analogous provisions of federal law.
HISTORY
Adopted by Ord. 2005-010 §1 on 212812005
Amended by Ord. 2008-023 §1 on 1112312008
Amended by Ord. 2020-005 §1 on 11112021
Amended by Ord. 2023-xxx §1 on DATE
2 37.120 Notice Of Intent To Award, Notice To Proceed And Contract Administration
A. At least seven (7) days before the award of a public contract, unless the Purchasing Agent or the
Board determines that seven days is impractical, the Purchasing Agent shall post on the county's
website or provide each bidder or proposer notice of the county's intent to award a contract.
This subsection does not apply to a contract awarded as a small procurement under ORS
279B.065, an intermediate procurement under ORS 279B.070, a sole -source procurement under
ORS 2798.075, an emergency procurement under ORS 279B.080 or a special procurement under
ORS 279B.085.
B. Unless a timely protest is received and after issuing notice in accordance with subsection A of
this section, if required, the Purchasing Agent shall prepare a contract in accordance with the
contractor selection results and furnish same for the contractor's execution.
C. After the contractor has executed the contract and furnished bonds, if required, and proofs of
insurance the Purchasing Agent shall execute the contract, if within the Purchasing Agent's
authority, or submit same to the Board for approval.
D. If the Board approves the contract, it shall adopt an order or otherwise authorize the Purchasing
Agent to execute the contract and to approve change orders within the scope of 2.37.080.B.9 or
amendments within the scope of the project for which the contract has been prepared.
E. The contractor shall not begin work under the contract until the contract is fully executed and in
the case of public works contracts the county has issued and delivered a Notice to Proceed.
F. For purchases of goods the county may indicate in the solicitation that the selected contractor
will be issued a purchase order, which refers to 2.37.150 for required contract terms.
HISTORY
Adopted by Ord. 2005-010 §1 on 212812005
Amended by Ord. 2008-023 §1 on 1112312008
2.37.130 qualified Pool
A. General. To create a qualified pool, the Purchasing Agent or Board may invite prospective
contractors to submit proposals to the County for inclusion as participants in a pool of
contractors qualified to provide certain types of goods, services, or projects including personal
services, and public improvements.
B. The invitation to participate in a qualified pool shall be advertised in the manner provided for
advertisements of invitations to bid and requests for proposals by publication in at least one
newspaper of general statewide circulation. If qualification will be for a term that exceeds one
year or allows open entry on a continuous basis, the invitation to participate in the pool must be
re -published at least once per year and shall be posted at the County's main office and on its
website.
C. Contents of Solicitation. Requests for participation in a qualified pool shall describe the scope of
goods or services or projects for which the pool will be maintained, and the minimum
qualifications for participation in the pool, which may include, but shall not be limited to
qualifications related to financial stability, contracts with manufacturers or distributors,
certification as an emerging small business, insurance, licensure, education, training, experience
and demonstrated skills of key personnel, access to equipment, and other relevant qualifications
that are important to the contracting needs of the County. The solicitation may provide that
proposals will be evaluated and decisions over participation will be made based upon proposers
meeting minimum qualifications, as well as the price or rate of compensation for particular
services in the county's best interest.
D. The operation of each qualified pool may be governed by the provisions of a retainer contract to
which the County and each qualified pool participant is a party. The Contract shall contain or
incorporate by reference all terms required by the County, including, without limitation, price,
performance, business registration or licensure, continuing education, equipment, staff
resources, insurance, required standard contract terms as set forth in Section 2.37.150 and
requirements for the submission, on an annual or other periodic basis, of evidence of continuing
�.f.. The
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qualification. i ne selection procedures Brian u� vu��c.uvc anu UN�n w an �uanncu �u�l
participants and afford all participants the opportunity to compete for or receive job awards.
Unless expressly provided in the retainer contract, participation in a qualified pool will not
entitle a participant to an award of any County contract. The county will refer to the qualified
pool participants or any subset of such pool established by the County in determining when
particular services are needed, and select the most appropriate participant for award of a
contract, which may be based upon County solicitation of additional competitive proposals.
E. Use of Qualified Pools. Subject to the provisions of these regulations concerning methods of
solicitation for classes of contracts, the Solicitation Agent or the Board shall award all contracts
for goods or services of the type for which a qualified pool is created from among the qualified
participants, unless the Solicitation Agent or the Board determines that best interests of the
County require traditional solicitation, in which case, pool participants shall be notified of the
solicitation and invited to submit competitive proposals.
F. Amendment and Termination. The Purchasing Agent or the County may discontinue a qualified
pool at any time, or may change the requirements for eligibility as a participant in the pool at
any time, by giving notice to all participants in the qualified pool.
G. Protest of Failure to Qualify. The Purchasing Agent shall notify any applicant who fails to qualify
for participation in a pool that it may appeal a qualified pool decision to the Board in the manner
described in section 2.37.140.
HISTORY
Adopted by Ord. 2005-010 §1 on 212812005
Amended by Ord. 2008-023 §1 on 1112312008
2.37.140 Contested Case Procedures
A. Any person who has been debarred from competing for County contracts or for whom
prequalification has been denied, revoked or revised, or who would be entitled under the Public
Contracting Code and who wishes to file a protest must appeal the County's decision to the
Board as provided in this section. The Board may conduct a de novo hearing or appoint a hearing
officer to conduct such a hearing and recommend a decision, in which case the Board shall
consider the matter on the record developed by the hearing officer, and, if specifically allowed
by the Board, on de novo review or limited de novo review.
B. For purposes of this section, "Party" means:
1. Each person entitled as of right to a hearing before the Board;
2. Each person named by the County to be a party; or
Any person requesting to participate before the agency as a party or in a limited party
status which the County determines either has an interest in the outcome of the
County's proceeding or represents a public interest in such result.
C. Filing of Appeal. The person must file and the County must receive a written (hard copy, not fax
or electronic) notice of appeal with the Purchasing Agent no later than seven (7) days after the
nrncnPrtivP rnntmrtnr'c rAr?int of notice of the County's decision which is the subiect of the
protest. If the seventh day falls on a Saturday, Sunday or legal holiday, the deadline shall be
extended to the next regular business day. The notice of the County's decision shall be deemed
received no later than three (3) days after the date on which the County makes the decision.
Except as otherwise provided in this section, the contents and filing of protests shall be in
accordance with the Public Contracting Code (ORS 27913.400 to 279B.425) and the Model Public
Contracting Rules (OAR 137-047-0700 to 137-047-0800).
D. Parties may elect to be represented by counsel and to respond and present evidence and
argument on all issues involved.
E. Unless precluded bylaw, informal disposition maybe made of any case by stipulation, agreed
settlement, consent order, default or written agreement.
Members of the Board shall place on the record a statement of the substance of any written or
oral ex parte communications on a fact in issue made to the member during the pendency of the
proceeding and notify the parties of the communication and of their right to rebut such
communications.
G. The record in support of a decision shall be made at the time set for hearing or any extension
thereof approved by the Board. Testimony may be given without oath or affirmation. Cross-
examination of witnesses by parties shall not be allowed. Provided however, the Board may
question any witness appearing before it. A verbatim oral, written or mechanical record shall be
made of all motions, rulings and testimony. The Board presiding at the hearing shall ensure that
the record developed at the hearing shows a full and fair inquiry into the facts necessary for
consideration of all issues properly before the presiding officer. The record need not be
transcribed unless requested for purposes of court review. The party requesting transcription
shall pay the cost thereof unless the Board determines on affidavit the indigence of the
requesting party.
H. Evidence in contested cases. In contested cases:
1. Irrelevant, immaterial or unduly repetitious evidence shall be excluded but erroneous
rulings on evidence shall not preclude action on the record unless shown to have
substantially prejudiced the rights of a party. All other evidence of a type commonly
relied upon by reasonably prudent persons in the conduct of their serious affairs shall be
admissible. The Board shall give effect to the rules of privilege recognized by law.
Objections to evidentiary offers may be made and shall be noted in the record. Any part
of the evidence may be received in written form.
2. All evidence shall be offered and made a part of the record in the case, and except for
matters stipulated to and except as provided in paragraph (4) of this subsection, no
other factual information or evidence shall be considered in the determination of the
case. Documentary evidence may be received in the form of copies or excerpts, or by
incorporation by reference. The burden of presenting evidence to support a fact or
position in a case rests on the proponent of the fact or position.
3. Every party shall have the right to submit rebuttal evidence.
4. The Board may take notice of judicially cognizable facts. Parties shall be notified at any
time during the proceeding but in any event prior to the final decision of material
officially noticed and they shall be afforded an opportunity to contest the facts so
noticed.
5. Cross-examination of witnesses is not allowed, however, questions may be tendered to
the chair who may then direct all or some of such questions to a witness.
Costs. The Board may allocate the County's costs for the hearing between the appellant and the
County. The allocation shall be based upon facts found by the Board and stated in the Board's
decision that, in the Board's opinion, warrant such allocation of costs. If the County does not
allocate costs, the costs shall be paid by the appellant, if the decision is upheld, or by the County,
if the decision is overturned.
The Board shall issue a written, proposed final order, including findings of fact and conclusions of
law, and furnish a copy thereof on all parties. The proposed order shall become final no later
than seven (i) days following the date of the proposed order, unless the Board within that
period issues an amended order.
HISTORY
Adopted by Ord. 2005-010 §1 on 212812005
Amended by Ord. 2008-023 §1 on 1112312008
2.37.150 Standard Contract Provisions
A. Except as otherwise provided in the solicitation document or otherwise approved by the
Purchasing Agent or County Legal Counsel, the following standard public contract provisions
shall be included expressly, by reference or by URL hyperlink where appropriate, in every
contract of the County.
1. Contractor shall make payment promptly, as due, to all persons supplying to such
contractor labor or material for the prosecution of the work provided for in the contract,
and shall be responsible for payment to such persons supplying labor or material to any
subcontractor.
2. Contractor shall pay promptly all contributions or amounts due to the State Industrial
Accident Fund and the State Unemployment Compensation Fund from contractor or any
subcontractor in connection with the performance of the contract.
3. Contractor shall not permit any lien or claim to be filed or prosecuted against the County
on account of any labor or material furnished, shall assume responsibility for satisfaction
of any lien so filed or prosecuted and shall defend against, indemnify and hold County
harmless from any such lien or claim.
4. Contractor and any subcontractor shall pay to the Department of Revenue all sums
withheld from employees pursuant to ORS 316.167.
S. For public improvement and construction contracts only, if contractor fails, neglects or
refuses to make prompt payment of any claim for labor or services furnished to the
contractor or a subcontractor by any person in connection with the public contract as
such claim becomes due, the County may pay such claim to the person furnishing the
labor or services and charge the amount of the payment against funds due or to become
due the contractor by reason of the contract. The payment of a claim in a manner
authorized hereby shall not relieve the contractor or its surety from the obligation with
respect to any unpaid claim. If the County is unable to determine the validity of any
claim for labor or services furnished, the County may withhold from any current
payment due contractor an amount equal to said claim until its validity is determined,
and the claim, if valid, is paid by the contractor or the County. There shall be no final
acceptance of the work under the contract until all such claims have been resolved.
6. Contractor shall make payment promptly, as due, to any person, co -partnership,
association or corporation furnishing medical, surgical, hospital or other needed care
and attention, incident to sickness or injury, to the employees of contractor, of all sums
which the contractor agreed to pay or collected or deducted from the wages of
employees pursuant to any law, contract or agreement for the purpose of providing
payment for such service.
7. With certain exceptions listed below, contractor shall not require or permit any person
to work more than 10 hours in any one day, or 40 hours in any one week except in case
of necessity, emergency, or where public policy absolutely requires it, and in such cases
the person shall be paid at least time and a half for:
a. All overtime in excess of eight hours a day or 40 hours in anyone week when the
work week is five consecutive days, Monday through Friday, or
b. All overtime in excess of 10 hours a day or 40 hours in any one week when the
work week is four consecutive days, Monday through Friday, and
c. All work performed on the day specified in ORS 2798.020(1) for non-public
improvement contracts or ORS 279C.540(1) for public improvement contracts.
For personal service contracts as designated under ORS 279A.055, instead of (a) and (b)
above, a laborer shall be paid at least time and a half for all overtime worked in excess of
40 hours in any one week, except for individuals under these contracts who are excluded
under ORS 653.010 or 653.261 or under 29 USC Sections 201 to 209, from receiving
overtime.
Contractor shall follow all other exceptions, pursuant to ORS 2798.235 (for non-public
improvement contracts) and ORS 279C.540 (for improvement contracts), including
contracts involving collective bargaining agreements, contracts for services and contracts
for fire prevention and suppression. This paragraph 7 does not apply to contracts for
purchase of goods or personal property.
Contractor must give notice to employees who work on a public contract in writing,
either at the time of hire or before commencement of work on the contract, or by
posting a notice in a location frequented by employees, of the number of hours per day
and days per week that the employees may be required to work.
8. The hourly rate of wage to be paid by any contractor or subcontractor to workers upon
all public works shall be not less than the applicable prevailing rate of wage for an hour's
work in the same trade or occupation in the locality where such labor is performed, in
accordance with ORS 279C.800 to ORS 279C.850. For projects covered by the federal
Davis -Bacon Act (40 USC 276a), contractor and subcontractor shall pay workers the
higher of the state or federal prevailing rate of wage.
9. The contractor, its subcontractors, if any, and all employers working under the contract
are subject employers under the Oregon Workers' Compensation Law and shall comply
with ORS 656.017, or otherwise be exempt under ORS 656.126.
10. As to public improvement and construction contracts, Contractor shall comply with all
applicable federal, state, and local laws and regulations, including but not limited to
those dealing with the prevention of environmental pollution and the preservation of
natural resources that affect the performance of the contract. Entities which have
enacted such laws or regulations include the following: Federal: Department of
Agriculture, Forest Service, Soil Conservation Service, Army Corps of Engineers,
Department of Energy, Federal Energy Regulatory Commission, Environmental
Protection Agency, Department of Health and Human Services, Department of Housing
and Urban Development, Solar Energy and Energy Conservation Bank, Department of
Interior, Bureau of Land Management, Bureau of Indian Affairs, Bureau of Mines, Bureau
of Reclamation, Geological Survey, Minerals Management Service, U.S. Fish and Wildlife
Service, Department of Labor, Mine Safety and Health Administration, Occupational
Safety and Health Administration, Department of Transportation, Coast Guard, Federal
Highway Administration, Water Resources Council, and Department of Homeland
Security. State: Department of Administrative Services, Department of Agriculture,
Columbia River Gorge Commission, Department of Consumer and Business Services,
Oregon Occupational Safety and Health Division, Department of Energy, Department of
Environmental Quality, Department of Fish and Wildlife, Department of Forestry,
Department of Geology and Mineral Industries, Department of Human Resources,
Department of Land Conservation and Development, Department of Parks and
Recreation, Soil and Water Conservation Commission, State Engineer, Department of
Transportation, State Land Board, Water Resources Department. Local: City Councils,
County Boards of Commissioners, County Service Districts, Sanitary Districts, Water
Districts, Fire Protection Districts, Historical Preservation Commissions and Planning
Commissions.
If new or amended statutes, ordinances, or regulations are adopted, or the contractor
encounters a condition not referred to in the bid document not caused by the contractor
and not discoverable by reasonable site inspection which requires compliance with
federal, state, or local laws or regulations dealing with the prevention of environmental
pollution or the preservation of natural resources, both the County and the contractor
shall have all the rights and obligations specified in ORS 279C.525 to handle the
situation.
11. The contract may be canceled at the election of County for any substantial breach, willful
failure or refusal on the part of contractor to faithfully perform the contract according to
its terms. The County may terminate the contract by written order or upon request of
the contractor, if the work cannot be completed for reasons beyond the control of either
the contractor or the County, or for any reason considered to be in the public interest
other than a labor dispute, or by reason of any third party judicial proceeding relating to
the work other than one filed in regards to a labor dispute, and when circumstances or
conditions are such that it is impracticable within a reasonable time to proceed with a
substantial portion of the work. In either case, for public improvement contracts, if the
work is suspended but the contract not terminated, the contractor is entitled to a
reasonable time extension, costs, and overhead per ORS 297C.655. Unless otherwise
stated in the contract, if the contract is terminated, the contractor shall be paid per ORS
279C.660 for a public improvement contract.
12. If the County does not appropriate funds for the next succeeding fiscal year to continue
payments otherwise required by the contract, the contract will terminate at the end of
the last fiscal year for which payments have been appropriated. The County will notify
the contractor of such non -appropriation not later than 30 days before the beginning of
the year within which funds are not appropriated. Upon termination pursuant to this
subsection, the County shall have no further obligation to the contractor for payments
beyond the termination date. This provision does not permit the County to terminate
the contact in order to provide similar services or goods from a different contractor.
13. By execution of the contract, contractor certifies, under penalty of perjury that:
a. To the best of contractor's knowledge, contractor is not in violation of any tax
laws described in ORS 305.380(4), and
b. Contractor has not discriminated against minority, women or small business
enterprises in obtaining any required subcontracts.
c. Contractor prepared its bid or proposal related to this Agreement independently
from all other bidders or proposers, and without collusion, fraud or other
dishonesty.
14. Contractor agrees to prefer goods or services that have been manufactured or produced
in this State if price, fitness, availability or quality are otherwise equal.
15. Contractor agrees not to assign the contract or any payments due under the contract
without the proposed assignee being first approved and accepted in writing by the
County.
16. Contractor agrees to make all provisions of the contract with the County applicable to
any subcontractor performing work under the contract.
17. The County will not be responsible for any losses or unanticipated costs suffered by
contractor as a result of the contractor's failure to obtain full information in advance in
regard to all conditions pertaining to the work.
18. All modifications and amendments to the contract shall be effective only if in writing and
executed by both parties.
19. The contractor certifies he or she has all necessary licenses, permits, or certificates of
registration (including Construction Contractor Board registration or Landscape
Contractor Board license, if applicable), necessary to perform the contract and further
certifies that all subcontractors shall likewise have all necessary licenses, permits or
certificates before performing any work. The failure of contractor to have or maintain
such licenses, permits or certificates is grounds for rejection of a bid or immediate
termination of the contract.
20. Unless otherwise provided, data which originates from the contract shall be "works for
hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by the County.
Data shall include, but not be limited to, reports, documents, pamphlets,
advertisements, books, magazines, surveys, studies, computer programs, films, tapes,
and/or sound reproductions. Ownership includes the right to copyright, patent, register
and the ability to transfer these rights. Data which is delivered under the contract, but
which does not originate therefrom shall be transferred to the County with a
nonexclusive, royalty -free, irrevocable license to publish, translate, reproduce, deliver,
perform, dispose of, and to authorize others to do so; provided that such license shall be
limited to the extent which the contractor has a right to grant such a license. The
contractor shall exert all reasonable effort to advise, the County, at the time of delivery
of data furnished under the contract, of all known or potential invasions of privacy
contained therein and of any portion of such document which was not produced in the
performance of the contract. The County shall receive prompt written notice of each
notice or claim of copyright infringement received by the contractor with respect to any
data delivered under the contract. The County shall have the right to modify or remove
any restrictive markings placed upon the data by the contractor.
21. If as a result of the contract, the contractor produces a report, paper publication,
brochure, pamphlet or other document on paper which uses more than a total 500
pages of 8 %" by 11" paper, the contractor shall use recycled paper with at least 25%
post -consumer content which meets printing specifications and availability
requirements. In all other cases Contractor shall make reasonable efforts to use recycled
materials in the performance of work required under the contract.
22. Unless otherwise provided in the contract approved by county legal counsel or in the bid
documents, the current editions of the Oregon Standard Specifications for Construction
adopted by the State of Oregon, and the Manual on Uniform Traffic Control Devices,
shall be applicable to all road construction projects.
23. As to contracts for lawn and landscape maintenance, the contractor shall salvage,
recycle, compost or mulch yard waste material in an approved, site, if feasible and cost-
effective,
24. When a public contract is awarded to a nonresident bidder and the contract price
exceeds $10,000, the contractor shall promptly report to the Department of Revenue on
forms to be provided by the department the total contract, price, terms of payment,
length of contract and such other information as the department may require before the
County will make final payment on the contract.
25. In the event an action, lawsuit or proceeding, including appeal therefrom, is brought for
violation of or to interpret any of the terms of the contract, each party shall be
responsible for their own attorney fees, expenses, costs and disbursements for said
action, lawsuit, proceeding or appeal.
26. Contractor is not carrying out a function on behalf of County, and County does not have
the right of direction or control of the manner in which Contractor delivers services
under the Contract or exercise any control over the activities of Contractor. Contractor is
not an officer, employee or agent of County as those terms are used in ORS 30.265.
Contractor covenants for itself and its successors in interest and assigns that it will not
claim or assert that Contractor is an officer, employee or agent of the County, as those
terms are used in ORS 30.265.
27. Contractor shall adhere to and enforce a zero tolerance policy for the use of alcohol and
the unlawful selling, possession or use of drugs while performing work under the
Contract.
28. The Contract is expressly subject to the debt limitation of Oregon counties set forth in
Article XI, Section 10, of the Oregon Constitution, and is contingent upon funds being
appropriated therefore. Any provisions herein, which would conflict with law, are
deemed inoperative to that extent.
29. Contractor shall comply with all federal, state and local laws, regulations, executive
orders and ordinances applicable to the Contract. Without limiting the generality of the
foregoing, Contractor expressly agrees to comply with the following laws, regulations
and executive orders:
a. Titles VI and VII of the Civil Rights Act of 1964, as amended;
b. Sections 503 and 504 of the Rehabilitation Act of 1973, as amended;
c. the Americans with Disabilities Act of 1990, as amended and ORS 659A.112
through 659A.139;
d. Executive Order 11246, as amended;
e. the Health Insurance Portability and Accountability Act of 1996;
f. the Age Discrimination in Employment Act of 1967, as amended, and the Age
Discrimination Act of 1975, as amended;
g. the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended;
h. ORS Chapter 659A, as amended;
i. all regulations and administrative rules established pursuant to the foregoing
laws; and
j. all other applicable requirements of federal and state civil rights and
rehabilitation statutes, rules and regulations.
The above listed laws, regulations and executive orders and all regulations and
administrative rules established pursuant to those laws are incorporated by reference
herein to the extent that they are applicable to the Contract or required by law to be so
incorporated.
30. Contractor and subcontractors shall comply with the Oregon Consumer Identity Theft
Protection Act (ORS 646A.600 et seq.).
31. Indemnification. To the fullest extent authorized by law, Contractor agrees to indemnify,
defend, reimburse and hold harmless County, its officers, employees and agents (the
"Indemnified Parties") from any and all threatened, alleged or actual claims, suits,
allegations, damages, liabilities, costs, expenses, losses and judgments, including, but
not limited to, those which relate to personal or real property damage, personal injury
or death, attorney and expert/consultant fees and costs, and both economic and non-
economic losses, to the extent caused by the negligence, breach of contract, breach of
warranty (express or implied), or other improper conduct of Contractor, its employees,
subcontractors, or anyone for whose acts Contractor is responsible. If claims are
asserted against any Indemnified Party by an employee of the Contractor, a
subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts
they may be liable, the Contractor's indemnification obligation and other obligations
under this section shall not be limited by any limitation on the amount or type of
damages, compensation, or benefits payable to the employee by or for the Contractor or
subcontractor under workers' compensation acts, disability benefit acts, or other
employee benefit acts.
HISTORY
Adopted by Ord. 2008-023 §1 on 1112312008
Amended by Ord. 2010-033 §1 on 312812011
2.37.160 Competitive Electronic Auction Biddine
A. The County may utilize electronic or online solicitation, subject to the provisions of this Code, for
the purchase of goods as provided in this section. Any of the steps provided in this section prior
to award of a contract may be accomplished through the use of an agent. The objective of this
procurement method is to inform suppliers prior to the close of an auction what the current low
bid is and enable such suppliers to submit additional lower bids prior to the close of bidding or
award of the contract.
B. An invitation to bid (ITB) pursuant to this section shall be issued and shall include a procurement
description and all contract terms, either expressly or by reference, including without limitation
a description of the property to be purchased, required specifications, number of units,
warranties, delivery date and location, the pool of potential suppliers, the method by which
prospective offerors register with the county and any prequalification requirements, the county
representative's name and contact information and the timeframe for which the auction will be
open to bids. The ITB shall include notice that bids will be received in an electronic auction
manner.
C. The Solicitation must designate both an opening date and time and a closing date and time. The
closing date and time need not be a fixed point in time, but may remain dependant on a variable
specified in the solicitation. At the opening date and time, the county must begin accepting real
time electronic offers. The solicitation must remain open until the closing date and time. The
county may require offerors to register and prequalify before the opening date and time and, as
a part of that registration, to agree to the terms, conditions, or other requirements of the
solicitation. Following receipt of the first offer after the opening date and time, the lowest offer
price or, if proposals are accepted, the ranking of each proposal (without disclosing the identity
of the proposer), must be posted electronically to the internet and updated on a real time basis.
At any time before the closing date and time, an offeror may lower the price of its offer or revise
its proposal except that after opening date and time, an offeror may not lower its price unless
that price is below the then lowest offer. Offer prices may not be increased after opening. Except
for offer prices, offers may be modified only as otherwise allowed by these rules or the
solicitation document.
D. Withdrawal of bids may be allowed in accordance with OAR 137-047-0470 (Mistake). If an offer
is withdrawn, no later offer submitted by the same offeror may be for a higher price. If the
lowest responsive offer is withdrawn after the closing date and time, the county may cancel the
solicitation or reopen the solicitation to all pre-existing offerors by giving notice to all pre-
existing offerors of both the new opening date and time and the new closing date and time.
Notice that electronic solicitation will be reopened must be given as specified in the solicitation
document.
Failure of the electronic procurement system. In the event of a failure of the electronic
procurement system that interferes with the ability of offerors to submit offers, protest, or to
otherwise meet the requirements of the procurement, the county may cancel the solicitation or
may extend the solicitation by providing notice of the extension immediately after the system
becomes available.
F. At the conclusion of the auction the records of bids received and the identity of each bidder shall
be open to public inspection.
G. The contract shall be awarded within 60 days by written notice to the lowest responsible bidder.
Extensions of the date of the award may be made by mutual written consent of the contracting
officer and the low bidder. County may reject any proposals not in substantial compliance with
all prescribed procedures and requirements, and may reject for good cause, any or all proposals
upon a finding that it is in the public interest to do so.
HISTORY
Adopted by Ord. 2008-023 §1 on 1112312008
MEETING DATE: July 17, 2023
SUBIECT: Use of Opioid Settlement Funds
RECOMMENDED MOTION:
Provide staff direction.
BACKGROUND AND POLICY IMPLICATIONS:
The state of Oregon is participating in a national opioid lawsuit against manufacturers. In
2021, nationwide settlements resolved all opioid suits brought by states and local political
subdivisions, awarding $26 billion for distribution over 18 years. The settlement amount
Deschutes County expects to receive is estimated at $6.7 million over that time.
Settlement dollars must be used for specific abatement strategies, including, but not
limited to:
• Naloxone training and distribution
• Medication -assisted treatment distribution and other opioid-related treatment
• Pregnant & postpartum women and expanding treatment for neonatal abstinence
syndrome
• Expansion of hand-off programs and recovery programs
• Treatment for the incarcerated population
• Prevention programs
• Syringe service programs
On April 3, 2023, Health Services proposed three uses for the settlement funds, which
included:
1) Prevention activities, including educational programs and community awareness
2) Collaborative, cross -system coordination and surveillance activities
3) Intervention activities through the stabilization center
The Board discussed potential benefits to reviewing a wider selection of evidence -based
proposals for the settlement dollars and advised Health Services to present their proposal
at an upcoming Local Public Safety Coordinating Council (LPSCC) meeting. On April 4, 2023,
LPSCC was informed that Health made their proposal and that the County was looking at a
broader approach. Members discussed inviting additional county departments or regional
partners to propose other uses for the settlement dollars that may best serve the
community.
In follow up to the proposed uses of the settlement funds and discussion with the LPSCC,
staff have prepared a series of potential next steps to solicit additional options for the use
of opioid settlement funds:
1) Approve the three proposals from Health Services, presented on April 3, 2023,
2) Revise and/or approve select proposals from Health Services, presented on April 3,
2023.
3) Invite proposals from other county departments.
4) Invite proposals from other county departments and encourage county
departments to partner with community non -profits to implement strategy and
provide services.
The following potential next steps include a broader audience, but scope could be
narrowed, if specific abatement strategies were identified, and/or proposals were required
to contain evidence -based practice and definable outcomes.
5) Target specific community non -profits and solicit a proposal for use of funds.
6) Issue an RFP to non -profits for use of settlement funds and review proposals
submitted.
Lastly, staff would like the board to consider a process to review proposals and suggest the
following:
1) Local Public Safety Coordinating Committee reviews and makes a recommendation
to the Board.
2) Board reviews proposals directly and makes a decision.
3) Other process, determined by the Board.
BUDGET IMPACTS:
$6.7 million over 18 years
ATTENDANCE:
Erik Kropp, Deputy County Administrator
Stephanie Robinson, Administrative Analyst
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2023 What's Brewing Series:
"What's Brewing in Deschutes County"
Date: Tuesday, August 8th
Time: 5:30-7:30pm
Location: Tetherow Resort Event Pavilion: 61240 Skyline Ranch Road
Participants
• Commissioner Patti Adair
• Commissioner Phil Chang
• Commissioner Tony DeBone
• County Administrator Nick Lelack
Thank you for your willingness to participate in the Bend Chamber's What's Brewing event, we are
excited to have you join us! A draft agenda for the evening is below:
Schedule of Events
5:00 - 5:30: Networking, food and beverages
5:30: Welcome and sponsor thank you — Chamber Board member (TBD)
5:35: Panel Introductions — Chamber Board member (TBD)
5:40 - 6:30 Panel Discussion
• Key Chamber Issue: Workforce Housing — Housing Trust Fund, ADUs
• Key Chamber Issue: Child Care — Regional Child Care Collaborative, State Funding
opportunities
• Role of County Administrator
• Hot Topics: Landfill, Others?
6:30 - 6:45 Audience Q + A — moderated by Chamber Board member (TBD)
6:45: Last call for questions, sponsor thank you's and wrap-up — Chamber Board member (TBD)
Deschutes bounty Commission
The Commissioners adopt policies, create and
implement County ordinances, hold hearings and
approve the County's budget.
E S CO
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Patti Adair
Phil Chang
Tony DeBone
Provide general oversight and direction to the
Role of Count
'county organization as a whole, both in terms of
y
planning for the county's long-term financial and
Administrator
organizational health and managing the day-to-
day operation of one of Central Oregon's largest
employers.
There are 22 County departments, over 1,200
employees, working across 3,055 square miles.
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�01 E S CO
C. G
BOARD OF
COMMISSIONERS
BOARD OF COUNTY COMMISSIONERS MEETING
1:00 PM, MONDAY, JULY 17, 2023
Allen Room - Deschutes Services Building - 1300 NW Wall St - Bend
(541) 388-6570 1 www.deschutes.org
AGENDA
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.
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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 via Zoom from a computer, use this link: http://bit.l /3y h3ogdD.
• 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.
Time estimates: The times listed on agenda items are estimates only. Generally, items will be heard in
sequential order and items, including public hearings, may be heard before or after their listed times.
CALL TO ORDER
CITIZEN INPUT: Citizen Input may be provided as comment on any topic that is not on the
agenda.
Note: In addition to the option of providing in -person comments at the meeting, citizen input comments
may be emailed to citizeninput@deschutes.org oryou may leave a brief voicemail at 541.385.1734.
AGENDA ITEMS
1. 1:00 PM Annual Update from Jericho Road
2. 1:15 PM Work session on proposed revisions to Deschutes County Code sections 2.36
and 2.37 regarding public contracting
3. 1:25 PM Use of Opioid Settlement Funds
4. 1:50 PM Review draft presentation for the upcoming Bend Chamber What's Brewing
event
OTHER ITEMS
These can be any items not included on the agenda that the Commissioners wish to discuss as part of
the meeting, pursuant to ORS 192.640.
EXECUTIVE SESSION
At any time during the meeting, an executive session could be called to address issues relating to ORS
192.660(2)(e), real property negotiations, ORS 192.660(2)(h), litigation; ORS 192.660(2)(d), labor
negotiations, ORS 192.660(2)(b), personnel issues, or other executive session categories.
Executive sessions are closed to the public, however, with few exceptions and under specific guidelines,
are open to the media.
ADJOURN
July 17, 2023 BOARD OF COUNTY COMMISSIONERS MEETING Page 2 of 2