ME M OR - Josephine County, Oregon WBS Document… · · 2011-01-15D The property is not other forested land because there is no production oftrees or ... Commission the Oregon

Josephine County OregonBoard of Commissioners Dwight F Ellis Sandi Cassanelli Simon Hare

PLANNING OFFICEAndrew Sheridan Director

700 NW Dimmick Suite CGrants Pass OR 975265414745421Fax5414745422

J05E1 OM Y OliiON Email planningikojosephineorus

ME M OR N DRUM

TO Pat Ellison Linda McElmurry

FROM Angie Ingalls

DATE fanuary 7 2011

RE WBS Agenda Item Coversheets for Swanson CPZC

Pat

Attached are tv c ovc rsheets ne for the Findings and one for the Ordinance to be signed by the Board forthe above rnatti Please have Steve sign the Ordinance as to form and forward both to the BCC to place onthe agenda for iin Ian 19 2911 to be signed

Linda 1 would Ks rme if the Board hears the matter on January 19 and signs the first reading of the Ord onthat day then theiecond reading of the Ord would automatically be set for February 2 Just need toknow that date so 1 may send out the notice to thepaper for the second reading hearing date per ourcode

Thank you

tL

4CC ER HOURS 812 1 3 Mon Fn 812 Tues Thurs Closed Wed

i00 rasIJosephine County Oregon

ti Board of Commissioners Dwight F Ellis Sandi Cassanelli Simon Hare

1 Q Board of County Commissioners4 WEEKLY BUSINESS SESSION

iL AGENDA PLACEMENT REQUEST

Agenda Title Findings regarding a request to Amend the Comprehensive Plan Map of Josephine County Ordinance8111 as amended from Forest to Residential and amend the Zoning Map of Josephine County Ordinance 851 asamended from Woodlot Resource WR to Rural Residential 5 Acre minimum RR5 The subject property is identified in the Josephine County Assessors records as Map 370517 Tax Lot 300 The property owners are Bryon andBobbie Swanson

Note If Ordnance Resolution Order or Proclamation provide exact title For all other submissions provide aclearli written title For contracts provide contract type ie personal services intergovernmental agreementmemorandum of understanding grant agreement etc

Agenda Date Time Requested max 10 min 5

Requested 011911 Contact Andrew Sheridan

DivisionProgramOffice Planning Office Presenters Andrew Sheridan

Phone 5424

1 What action are you requesting from the Board To consider and approve the Boards decisionto amend the Comprehensive Plan Map of Josephine County Ordinance 8111 as amended from Forest to Residential and amend the Zoning Map of Josephine County Ordinance 851 as amended fromWoodlot Resource WR to Rural Residential 5 Acre minimum RR5 The subject property is identified it the Josephine County Assessors records as Map 3705 17 Tax Lot 300 The property ownersare Bryon and Bobbie Swanson

2 Pro idc sufficient background information for the Board and public to understand thisissue fhe property owner filed an application to amend the plait and zoning designations for thepropert in November 2008 Additional evidence and materials were subsequently submitted and theapplication was deemed complete August 23 2010 The Josephine County Rural Planning Commissionheard the matter in public hearing on September 27 2010 The planning commission recommended approval of the request to the Board of Commissioners The Board heard the matter on December 1 2010in public hearing and rendered a decision to approve the map amendments The attached findings implement the Boards final decision

3 Previous action if any The Josephine County Planning Commission conducted a public hearingon September 27 2010 and recommended approval of the request to the Board of CommissionersNotice of the meeting was given by mail to property owners within 11 500 of the subject property and tothe county at large by newspaper publication

4 Explain the fiscal impact ie match required None

General Fund na Other Fund Fund Amount na

Term of contract na

5 Explain any citizen andor government participation that has or will take place During thereview and approval of the comprehensive plan and zone change application the county conducted twotele ised public hearings Notice was provided by mail and newspaper publication on both occasionsAffected federal state and local agencies and departments were also notified and given an opportunity

WBS Agenda Placement Request Findings Swanson CPZC Page 1

Affected federal state and local agencies and departments were also notified and given an opportunityto comment on the application Testimony and evidence was received and considered from the public inboth hearings The ordinance proposed under this coversheet will be considered during a weekly business session after notice as required by Oregonspublic meeting law and will be open for public comment Notice of the second reading will be given by publication in the Grants Pass Daily Courier

IRequired Signatures

Elected OfficialDivision

Program Manager L Date 12 l 2 6 IfChief Financial Officer Date

Ifagenda item has financial impact

Legal Review if required I Date OCAB

WBS Agenda Placement Request Ordinance No 2010001 Swanson CPZC Page 2

BEFORE THE BOARD

OF COUNTY COMMISSIONERS

For Josephine County Oregon

IN THE MATTER OF A REQUEST FOR ACOMPREHENSIVE PLAN AND ZONE CHANGE

APPLICANTS Bryon Bobbi SwansonFINDINGS

OWNERS Bryon Bobbi Swanson OF

FACT

LEGAL 137 R5 S17 Tax Lot 300

LOCATION 405 Ann Roy Drive

SECTION 1 APPLICATION INFORMATION

11 The owners and applicants are Bryon and Bobbie Swanson 405 Ann Roy Drive GrantsPass OR 97527

12 The request is to amend the Comprehensive Plan designation from Forest Land toResidential and to change the Zone designation from Woodlot Resource WR to RuralResidential 5 acre minimum RR5

13 The address for the property is 405 Ann Roy Drive Grants Pass OR 97527 The propertyis described in the Assessorsrecords as T 37 R 05 Sec 17 Tax Lot 300 The zoningdesignation is Woodlot Resource WR and the Comprehensive Plan designation isForest F

14 The application was filed with the Planning Director on November 6 2008

15 The request was reviewed in a public hearing before the Josephine County PlanningCommission on September 27 2010 The Planning Commission recommended approvalb a vote of 71 with one abstention

16 The request was reviewed in a public hearing before the Josephine County Board ofCommissioners the Board on December 1 2010 The Board approved the request by avote of 20 The Boards findings are incorporated into these findings by reference

1

SECTION 2 CRITERIA FOR COMPREHENSIVE PLAN ZONE CHANGES

The criteria for comprehensive plan and zone amendments are contained in the Josephine CountyRural Land Development Code RLDC in Sections 4630 46040 and 46050

SECTION 3 EVIDENCE

The record includes but is not limited to the application staff reports to the PlanningCommission and Board of County Commissioners Board minutes testimony and materialssubmitted by the applicant its representative and witnesses in support of the application Therewere no opponents that spoke in opposition of the application The notices preceding thesehearings are contained in the Planning Directorsfile and are made a part of these findings byreference

SECTION 4 FINDINGS

41 The Board finds that the applicants have provided all of the plan amendment applicationrequirements of RLDC 46030

42 The Board finds that the application has met the Plan Amendment Review Criteria ofRLDC 46040 as follows

A The application demonstrates compliance with all applicable statewide and countygoals and policies The development will provide more housing Statewide Goal10County Goal 3 no additional public facilities are required Statewide Goal11County Goal 4 and wildfire and erosion hazards can be mitigated with acceptedildfire prevention practices and standard engineering erosion control strategies

B 1 he application demonstrates that the property is non resource land pursuant toRLDC 46050 as discussed below Therefore and an exception to statewide goalspursuant to ORS 197732 and OAR 66004 is not required

C I he propert y has adequate carrying capacity There is adequate existing infrastructureto serve the property no physical characteristic makes the land unsuitable for theproposed density and types of uses and the applicant has demonstrated that theproperty has adequate water with three wells yielding 11 12 and 75 gpm it has 3approved septic site evaluations and 1 existing septic system and road and drivewayconstruction are feasible using standard engineering practices Any increasedhazards such as wildfire and erosion can be mitigated and there will be no atypicalmaintenance costs to the public

2

D The change will be consistent in use and density with surrounding properties It issurrounded to the north and west by RR5zoned properties with an average size of171 acres

43 The Board finds that the property meets the Non resource Land Criteria of RLDC 46050as follows

A Ile property is nonfarm because 100 of the soils are non irrigated Class 6 soilslopes are steep it is not surrounded by farm uses and there are no adjacent or nearbyFarm or forest practices

B The property is non forest because 76 of the soils have a Composite Internal Rate ofReturn CIRR of338 below the required IRRCIRR rating of350

C Not applicable since there are no adjacent or nearby farm or forest practices

D The property is not other forested land because there is no production of trees orforest products it is not necessary to buffer conflicting uses or to provide open spaceit is unnecessary for watershed wildlife or fisheries protection development willhave minimal impact on soil loss air and water quality there are no nearby recreationactivities or wilderness and the land is not used to graze livestock

E Proposed development of the property will not exceed the density requirement of 32dwellings per 2 square miles or 1 dwelling per 40 acres in the Deer Winter RangeMaximum development of the property and adjacent properties also located in theDeer Winter Range Overlay will not exceed 1 dwelling per 49 acres

F The request is to change the zone to RR5 as required

44 The Board finds that no notified agency opposed the application Josephine CountyPublic Works and ODOT had no objections to or issues with the application The OregonDepartment of Fish and Wildlife did not oppose the application but had suggestions forenhancing deer habitat In response to the notice of the hearing before the PlanningCommission the Oregon Department of Land Development and Conservation DLCDobjected on the basis of the use of the IRR system The Planning Director at the PlanningCommission hearing testified that the use of the IRR system by the county has beenacknowledged by LCDC and that the DLCDsobjection was based on amisunderstanding of the RLDC In the Sommer Walker et al vs Josephine Countyand Meade appeal to LUBA No 2004131 LUBA ruled that the county can rely on theInternal Rate of Return IRR system to determine when land is forest or non forest landwhen 1 IRR rated soils are present on the property and 2 these soils compose morethan 50 of the property and 3 the averaged IRR value CIRR for the occupied area isbelow 350 If all of these factors exist on the property the applicant may address46050B1of the RLDC to document that the soils on the property are non forest Inthis request 75 of the soils have an IRR rating and the average IRR value was 338

3

45 The Board finds that opposition to the application was adequately addressed by theapplicant One letter in opposition was submitted to the Planning Department by Williamand Donna Love 121 Ann Roy Drive The Loves were concerned that additionaldwellings on the Swanson property would negatively affect their well The applicationdocuments and planning staff noted that the three wells on the property have very goodyields and the wells on surrounding properties are also good average 265 gpm so theproposed development is unlikely to have an impact on the Loves well which is locatedsome distance 1000 from the Swansons wells The applicantsrepresentative alsonoted that with the irregular distribution of subsurface water in the county the Loves wellmight not even draw from the same aquifer

46 The Board finds that there was no opposition to the application during the hearing andfour citizens in support of the application Jim Frick of the Illinois Valley supported theapplication because he felt all of the requirements were met and that Josephine Countyneeded more residential land Simon Hare CommissionerElect of the Illinois Valleytestified that he felt that the application should be approved because all of therequirements appeared to be satisfied Gerard Fitzgerald of Grants Pass testified that thechange was compatible with the City of Grants Pass future UGB expansion plansRichard Syler 290 Combs Drive supported the application as it appeared to him to meetall of the requirements

SECTION 5 DECISION

Based on ilie foregoing criteria evidence and findings regarding the application for acomprehensive plan and zone change the Board approves the application to change the existingcomprehensive plan designation from Forest to Residential and zoning of the property fromWoodlot Resource to Rural Residential5

These Findings Decision are done and dated this day ofy

2011

JOSEPHINE COUNTY BOARD OF COMMISSIONERS

Sandi Cassanelli Chair

Simon G Hare ViceChair

Dwight 1 Ellis Commissioner

4

if 4 Josephine County Oregoni

n F II 11 1 l Il i 1 W

G z Finance OfficeN Josephine County Courthouse

tiF 0 500 NW 6 Street Dept 4 Grants Pass OR 97526i 541 4745222 FAX 541 474 5258 TTY 800 7352900

January 10 2011

To Board of aunty Commissioners

From Rosemar Padgett Chief Financial Officer

Re EconomicDvelopmeni Request Fund 210 Kinsington Place Memory Care Facility John Chmelir

Economic Impact No General Fund monies are required Economic Development projects are paid fromdedicated monies received from the State lottery program Each budget year the Board accepts applicationsfor projects tha meet the criteria for economic development The Board approved 450000 of projects inthe Fiscal Yea 211011 budget

As part of the applications S 03000 was set aside for projects to be approved by the Board during the yearThe Board has approved requests to date totaling 146000 exceeding the budget h 43000

The County has received anjdditional request

KinsinucnPlace Memor Care Facility 30000

The request of 0000 is fo a two year loan amortized over a two year period at two 2 to four 4 percentinterest Acceptance of this request would require that the Board approve a budget amendment fromcontingenc The Economic Development program was projected to have a beginning fund balance ofapproximatel 400000 for FY 1011 With the already approved projects it is projected to end with abalance of 150100 decreasing the availability of grants for FY 201112

Recommendation Insufficint funds available for requested project without impacting the FY 2011 12budget If appro ed as a twt year loan request would have less impact than a grant Board decision

Attachments Economiconomic Dcvelopment Projects Summary w UpdatesApplication Packets Kinsington Place Memory Care Facilitl

ECONOMIC DEVELOPMENT

PROJECTS

FY 201011

Economic Development Projects 201011 Item Costs ApplicationsRevised 121610SOREDI

Contract for Services 5 4950000 1

Annual Dues 5 2500000 2

5 7450000

RCC SBDC

KEREI BELT Business Entrepreneurial Center 5 2500000 5 2500000 3

Parks

OperationsYurt Project for Parks s 5000000 5 5000000 4

Fairgrounds

Marketing Improvements s 7500000 5 7500000 5

IV Airport

Air Master Plan and Projects s 3700000 5 3700000 6

Plan ninc

Merlin No rth Valley Sewer system 5 500000 7Update MNVC for Airport 5 1250000 8

UGB Amendment 5 1000000 9

Planning S upport Projects 5 5000000 10

LDAC Expenses 5 500000 11

5 82 50000Communit s Due

50 A GP I Chamber Dues 5 300000 5 300000 12

ED Projects to be approved by BCC Balance remaining for projects S

Par Sign 070610 5 2500000 5 2500000 la

SOASTC GrantLoan 072710 5 5000000 s 5000000 2a

C merge HomeBusiness Watch 080310 5 2500000 5 2500000 3a

Active Club 101210 5 250000 5 250000 4a

Sustainable Valley Technology Group Soredi s 700000 5 700000 5a

Rock Earth Laboraties Grant 110510 5 2400000 5 2 6a

2011 805 SurveyChamber or Commerce 12310 5 250000 5 250000 7a

Poect Greeny os Sored hold for placement 121610 5 1000000 5 1000000 8a

TOTAL 5 49300000

Approved FY 201011 Budget S 45000000

Balance S 4300000

Transfers to Fun

arkr rund Transfer Operations for Parks 5000000air Grounds Fund Transfe Operations 5 7500000

Airport Func Transfer Master Plan and Protects 1 5 00000

Gene al un Transfer Plarinino Support Projects 1 5 5000100

Total Transfer 5 21200000Economic Drojec u thin Fmc s 28100C00

IApplications fn 2910 s 49300000

Josephine County Oregonre Board of County Commissioners

yDwight Ellis Chair

0 S Cassanelli ViceChair Dave Toler Commissioneritt

Economic Development Project Application

1 Project Name Heirloom Living Centers LLC dba Kensington Place

Description Attach a detaied budget and project description that will assist the reviewers in their review process

2 Amount Requested 30000

3 Department or Agency

4 Contact Person John D Chmelir 6 Phone 5414767373

7 Signature of Dept or Agency Head

cQQ8 Date 1411

Approval Section

r conomic Dvlp ore ator r 0 Date

Comm esc72Y 02

Date Approved by Commissioners Amount Approved

Dwight Ellis Chair S Cassanelli ViceChair Dave Toler Commissioner

Date Published

Heirloom Living Centers dba

Kinsington Place

Mernory Care Facility

4

4

T

VAF

Economic Development

Loan ApplicationAttachments

1 Josephine County Cover Page2 Cover letter explanations and references3 Project overview

4 Needs analysis5 Pro forma

6 Startup budget

To The Josephine County Board of Commissioners

Subject Loan request Kinsington Place Memory Care Facility

Greetings Commissioners

We are attempting to raise 75000 from a variety of economic Development sources The closing of HomeValley Bank has left us to self finance the last 400000 of the construction and startup of our memory careproject overview attached The project is completed and DHS has licensed us to provide memory care Thefinal costs to get the doors open in May total about 86000 After personally funding the completion of theconstruction project we find ourselves in need of some assistance to that end

The Needs Study we had to provide to Department of Human Services indicated that Josephine County may beover three hundred beds short of the memory care resources needed The study included contacting everyservice provider in the County and we found that every bed was full and each facility had a waiting list Ourattached Proforma indicates that we will be profitable in the fourth month of operation and that our cashposition becomes positive after June 2011 Everything points to our success we just need help getting to June

Additionally below find some generic questions and answers that will likely be useful

Loan Amount Requested 3000000

Briefly describe YOUR BUSINESS See attached Concise Overview of the Project

Describe the project you are seeking financing for Include specifically how you intend to use the fundfor example cost of each tool or piece of equipment Attach extra sheets if needed

o The cash flow analysis for Heirloom Living Centers LLC indicates that the maximum cash flowshortage is 28211 in March 2011 By July the cash flow turns positive and we can beginmaking payments Our request is to provide funding for furniture acquisition and startup costs

What is your background in business If you do not have background in this area tell us what otherexperience would qualify you for this business Please list any formal degrees or training that will aid inyour success

o The three partners are all experienced businessmen and have developed the surroundingKinsington Court Over55 community in which the Memory Care Center is located Wevehired an experienced management company to provide a Service Provision framework trainingand audit of the operations on an ongoing basis Weve a hired licensed and experiencedAdministrator and a licensed Registered Nurse both to provide oversight and training forprovision services by care givers That consulting relationship our hired staff and a siteinspection convinced the Department of Human Services to grant us licensing

The Managing Member of Heirloom John Chmelir holds a BacheIorsDegree in CivilEngineering and a Masters in Business Administration and is retired as a Lieutenant Colonelfrom the US Army He is a 10year resident of Josephine County and an 18year resident ofSouthern Oregon

How will this investment increase your business profits How is this loan going to financially improveyour business and increase your profits Will the increase in profits be sufficient to cover your loanpayments Please provide calculations to support your request

o We believe that the Proforma accurately demonstrates the financial success that we expect toachieve after this short period of startup financial need

What loan terms would you likeo 24o interest rate no payments until July 2011 amortized over the following two years

Business REFERENCES

Please include three references that are relevant to the proposed business

NameM1

Address Phone RelationshipWoollard Ipsen 1312 West Main St 5417732711 Consultant

Management LLC Todd Medford OR 97501Woollard

Tim Cummings 5416595033 Competitor Owner ofPacific Living CentersLLC

Jeff Hyde 5414793351 President of

Evergreen Bank

This request comes with the understanding that country economic development funds are scarce thus therequest for a loan versus a grant We hope that our loan repayment will be recycled to another needy recipientallowing for further economic opportunities in Josephine County Thank you for your consideration

PrinciplesJohn Chmelir

Michael Masters

Buck Baker

Heirloom Living Centers dba Kinsington Place Memory Care FacilityConcise Overview of the Project Loan Proposal

Construction of the heirloom Living Centers LLC dba Kinsington Place Memory Care Facility was completedin Mid December 2010 The facility has been licensed by Department of Human Services DHS Seniors andPeople with Disabilities as a Residential Memory Care Center We are licensed to provide care to fifteenresidents Opening is planned on January 10 2010

Weve hired a Licensed Administrator and a Registered Nurse State required training of caregiver staff isunderway Our consultant Woollard Ipsen Management LLC owners of The Bridge here in Grants Pass andfour other facilities in Southern Oregon developed and is training staff on Plans and Procedures and aManagement Plan for operation of the facility They will provide ongoing audit and consulting services

Kinsington Building Company LLC owns the building and leases it to Heirloom Living Centers LLC Theownership of both LLCs is identical and for purposes of this application and financial forecasting numbers havebeen developed separately but then aggregated The partners are Buck Baker Michael Masters and JohnChmelir of Willow Development Consultants LLC

The project will provide care to 15 resident patients We conducted and provided a Needs Analysis reviewedand accepted by DFIS which study indicates statistically what was backed up by interrogation of facilitiesproviders namely that every available bed in Josephine County is taken and every facility has a waiting list Ofcritical need is for acceptance of Medicaid patients of which we plan for a total of seven Oregonreimbursement rate is3798 per month and private beds go for up to4600 per month depending on the levelof care desired

The financial Pro Forma indicates that the project will become a positive cash generator for the combinedcompanies at the end of the fourth month and over the threeyear planning horizon will generate an excess flowof almost 200000 00 in cash before taxes

Regarding the number ofjobs being created we estimate 10 FTE jobs staff starting at approximately 900 perhour for lower skilled workers to 1500 per hour for the higher skilled workers to approximately 1923 perhour or 40000 per year for the Administrator

In short our project is imminent and everything points to its ultimate success As you know Home Valley Bankwas taken over by South Valley Bank South Valley declined to meet Home Valleyscommitment to completethe funding of the construction and provide startup financing The partners have reached well into theirpockets to self fund the last 300000 of construction They are however at the point of removing money fromretirement accounts and that money cannot simply be put back in given IRS rules Our outlook is positive butwe have four months of startup to endure before we become profitable

It is for this reason that we have approached SOREDI through their representative Michael Smith who hasagreed to broker our request to several agencies We hope that your organization will assist us in getting thisneeded business off the ground We ask the county for a loan of3000000at a 2 4 interest rate to repaidbeginning in July 2011 over a 3 year payment period

We have attached our business plan and significant other business planning documents Those documents wereprepared by our consultant and we believe them to be comprehensive and realistic Please call John Chmelirwith questions al 541 761 0616 andor come by for a tour

Heirloom Living Centers LLCdba Kinsington Place 5122010

Analysis of Josephine County Alzheimerscare needswith Alzheimersover 85 years j 60

Assumptions Third Stage requiring care 13 of afflicted 33

Percentage of Population In Southern Oregon5

Requiring MedicaidGrowth in need by 2020 100

OD

Population Over 30 3 if v u v o

85 N 0

cD

2007 2163 1298 432 2211halfway between in I 2010 2318 1391 463 23

2012 2473 1484 494 25

Est 2100 Population doubling by 2020 4636 2782 926 46

How well are projected patients served nowpatients 2010 2318 1391 463 23

Facilities 87

Need 376 23

Assume that need was met in 2007 What is need todaypatients 2007 2163 1298 432 22

2010 2318 1391 463 23

Growth 31 2

Beds Available 0

Need 31 2

Assume that need is met today What is need in 2012patients 2010 2318 1391 463 23

2012 2473 1484 494 25

Growth 31

Assume that need is met today What is need in 2020patients 2010 2318 1391 463 23

2020 4636 2782 926 46

Growth 463 23

ENCLOSURE 1

Heirloom Living Centers 10102010

Kinsington Building Company LLC Care Center Proforma

Cash Flow Analysis

Heirloom Living Centers

Year 1 2011 Jan11 Feb1 1 Mar11 Apr11 May11 Jun 11 Jul11 Aug11 Sep11 Oct11 Nov11 Dec11

Income 37843 39291 52939 64129 60279 60279 60329 61679 60379 61729 60429 60429

Expense 52220 52684 53380 53526 53526 53526 53526 53526 53526 53526 53526 53526

Net Opns 14377 13393 441 10603 6753 6753 6803 8153 6 853 8203 6 903 6903

Cash Flow 14377 27770 28211 17608 10855 4102 2701 10854 17706 25909 32812 39715

Kinsington Building Company LLC Care Center

Income 18000 18000 18000 18000 18000 18000 18000 18000 18000 18000 18000 18000

Expense 4305 17351 17351 19084 17351 17351 17351 19084 17351 17351 17351 19084

Net Opns 13695 649 649 1084 649 649 649 1084 649 649 649 1084

Cash Flow 13695 14344 14993 13909 14558 15207 15856 14771 15420 16069 16718 15634

Jan11 Feb11 Mar11 Apr11 May11 Jun11 Jul11 Aug11 Sep11 Oct11 Nov11 Dec11

Combined

Cumulative 682 13426 13218 3699 3703 11104 18556 25625 33127 41979 49530 55349

Heirloom Living Centers 10102010

Kinsington Budding Company LLC Care Center ProformaCombined Cash Flow Analysis

Heirloom Living CentersYear 2 2012 Jan12 Feb12 Mar12 Apr12 May12 Jun12 Jul12 Aug12 Sep12 Oct12 Nov 12 Dec12

Income 61837 63137 61837 63187 61937 63237 61987 62037 62037 63387 62087 62087

Expense 57100 57100 57100 57100 57100 57100 57100 57100 57100 57100 57100 57100Net Opns 4737 6037 4737 6087 4837 6137 4887 4937 4937 6287 4987 4987

Cash Flow 44452 5 55226 61313 66149 72286 77 173 82110 87 047 93334 98321 103308

Kinsington Building Company LLC Care CenterIncome 18540 18540 18540 18540 18540 18540 18540 18540 18540 18540 18540 18540

Expense 17395 17395 17395 19181 17395 17395 17395 19181 17395 17395 17395 19181

Net Opns 1 145 1145 1145 641 1145 1145 1145 641 1145 1145 1145 641

Cash Flow 16779 17924 19068 18428 19572 20717 21862 21221 22366 23511 24656 24015


Combined

Cumulative 61231 68412 74294 79740 85722 93004 99035 103331 109413 116845 122976 127323

Heirloom Living CentersYear 3 2013 Jan13 Feb13 Mar13 Apr13 May13 Jun13 Jul13 Aug13 Sep13 Oct13 Nov13 Dec13

Income 64449 63149 63149 63199 64549 63249 63299 64649 63349 63399 63399 64699

Expense 58957 58957 58957 58957 58957 58957 58957 58957 58957 58957 58957 58957

Net Opns 5492 4192 4192 4242 5592 4292 4342 5692 4392 4442 4442 5742

Cash Flow 108800 112991 117183 121425 127017 131309 135650 141342 145734 150176 154616 160360

Kinsington Building Company LLC Care CenterIncome 19096 19096 19096 19096 19096 19096 19096 19096 19096 19096 19096 19096

Expense 17441 17441 17441 19280 17441 17441 17441 19280 17441 17441 17441 19280

Net Opns 1655 1655 1655 184 1655 1655 1655 184 1655 1655 1655 184

Cash Flow 25670 27326 28981 28798 30453 32108 33764 33580 35236 36891 38546 38363


Combined

cumulative 134470 140317 146164 150223 157470 163417 169414 174922 180970 187067 193164 198722

Heirloom Living Centers LLCStartup Budget

Start Up budget 10102010

SummaryPre StartUpMarketing 100000

Consulting Fees prior to opening 3345000

Nursing Supplies 121240

Major Movables 741087Office Supplies 104428

Housekeeping Supplies 52657

Activities Supplies 82500

Kitchen Supplies 178000

All Staff are required to have 40 hours of trainingStaff Training and pre opening operating cost 1095411 prior to working the floor

Total Start Up Budget 1 5820323

Page 1 of 9


Staffing Cost Dec10

Administrator Estimated Training Time

Salary 3500 1733 Hours

VacationSick Pay

Payroll Taxes 455

Workers Comp 76

Auto ExpenseTravel Expense 50

Supplies Administrator

Continuing EducationMedical Director

Purchase Services

Total Administrator Expenses 4081

Activities Required training time

Salary 250 40 hours

VacationSick

Payroll Taxes 33

Workers Comp 10

Purchased Services

SuppliesTotal Activities Expenses 293

Universal Caregivers Required Training time

Salary RN 1300 40 hours

Salary Caregiver 3650 40 hours

Salary Housekeeping 385

Orientation Caregiver 50

VacationSick Pay Caregiver

Payroll Taxes 644

Workers Comp Expense 207

Auto FuelMileage Expense

Supplies Housekeeping

Supplies Nursing

Pharmacy ConsultantPurchased Services

Continuing EducationTotal Universal Caregiver Expenses 6235

Office

Salary

VacationSick Pay

Payroll TaxesWorkers Comp Expense

Auto Mileage Expense

Page 2 of 9


Travel Expense

Supplies

Postage

ProfessionalConsulting FeesBookkeeping Fees Expense

Accounting Fees Expense

Auditing Fees ExpensePurchased Services

Equipment Rental

Equipment Repair

Total Office Expense

Maintenance

Salaries

VacationSick

Payroll Taxes

Workers CompAuto Expense

Supplies

Continuing Education MaintenancePurchased Services

Equipment Rental

Equipment Repair

Total Maintenance Expenses

MarketingSalaryBonus

VacationSick Pay

Payroll Taxes

Workers Compensation

Auto Mileage Expense

SuppliesPostage

AdvertisingSales Promo

Social Events MarketingPurchased Services

Equipment RentalLease

Total Marketing Expense

Kitchen

FuelMileage Dietary

Travel ExpenseCost Of Food

Supplies DietaryDishes Utensils

Page 3 of 9


Purchased Services

Equipment Rental

Equipment Repair

Salary Dietary CooksVacationSick Cooks

Payroll Taxes Dietary

Work Comp ExpenseTotal Kitchen Expenses

General Expenses

Employee Benefits

Hiring Expenses 200

PostageContributions

Dues SubscriptionsLicenses Business Fees

Interior Decor

Apartment Restoration

Building RepairRoutine Maintenance

ElectricityNatural Gas

WaterSewer Expense

Telephone 60

Cable Television

Garbage Expense

Storage ExpenseCondo Fee

Lease Payment

Professional Liability onlyContent and Business income insurance

Auto Expense

Auto Insurance

Real Estate Tax

Personal Property TaxEPL Insurance Expense 85

Miscellaneous Income

Bad Debt WO

Total General Expenses 345

Total Operating Expenses 10954

Staffing and Operating Expenses before opening 10954

All items list are an estimation and and may not be needed or may be understatedAll cost are estimation with the use of catalogs and not meant to be exact

Page 4 of 9


Heirloom Living Centers Memory Care UnitStart up Nursing Supplies

Briggs Corporation

1 Scale Wheelchairstandup combination Included in major Movables2 Blood Pressure Cuffs with stethoscope 2 6400

3 Resident Medical Charts 15 28500

4 Chart Dividers for resident charts 15 sets 22500

5 Medication Administration Binder 2 provided6 Dividers for Medication Administration Binder 25 provided7 First Aide Kits 1 2400

8 CPR Masks 2 1000

9 Pill Crusher f 1 6500

10 Pill cutter 11 6000

11 Tegaderm Transparent Dressing 7000

12 Tegaderm Frames 3000

13 Melt Away bags 100 6000

14 Telephone Order sheets 4500

15 Mounting sheets for telephone orders 3600

16 Drug envelopes1000 3000

17 Long Qtips 6 500

18 Ultra Klenz 1 1200

19 DNR labels 1100

20 Digital Thermometer 1 in major movables

21 Thermometer covers 400

22 Sterile 4x4 dressing 2 boxes 350

23 2x2 dressing 2boxes 240

24 Steath a Scope x 2 1800

25 Duodermsecond skin 800

Sub Total 106790

SYsco

1 Exam Gloves 350

2 Souffle paper cubs for medications 250

3 Plastic medication graduated cups 1oz 3700

4 Small paper drinking cups 550

Sub Total 4850

WalMart

1 Alcohol swabs 130

2 Cotton balls 100

3 AD ointment 350

4 Blood spill kit can put together items separately 3700

5 Flashlights 12 1500

6 Batteries 450

Page 5 of 9

Heirloom Living Centers LLC

Startup Budget7 Tackle Boxes for med cups 1500

8 Small plastic craft containers for medications 4500

9 Digital camera 7500

10 BandAids 200

11 Neosporin 350

12 Alcohol bottles 1 200

13 Tweezers 2 1000

14 Scissors 2 1200

15 Gauze 600

16 Paper tape ti00

Sub Total 23880

Other

2 Eye wash station for sinks in med room 4000

3 Sharps containers and bio medical stuffRogue Recycle 3000

4 Oxymeter Oxygen company 91100

Sub Total 16000

Nursing Total 121240

Major MovablesItem Quantity Price Total Cost

Rubbermaid Housekeeping Cart1 15099 15099

Rubbermaid Utility art2 27399 54798

RB Wire products Laundry Cart with pole rack 2 17099 34198

Care Products Soiled Linen Hampers 2 14299 28598

Hamper Bags 2 3199 6398

Rubbermaid Vacuum 2 62199 124398Power Eagle Extractor 1 270499 270499

Seca Chair Scale 1 150099 150099

Genius 2 Tympanic Thermometer 1 22000 22000

Sub Total 706087

Est Shipping 350

Major Movables Total Cost 741087

Office Startup Many of these items may not be needed as the include bookkeeping needs

Office Depot or Staples10Key calculator 5299

2Hole Punch 2363

3column Green Paper 629

3 Hole Punch 3089

Address Stamp L799

Binder Clips Large 149

Binder clips medium 1

Binder clips small 079

Binder Receipt3 1369

Page 6 of 9


Binder Financial3 1369

Binder 19Benefits2 599

Checksstock1000 19825

Coding Stamp2 3598

Deposit Stamp 1799

Desk Calendar 499

Desk organizer 799

Entered Stamp 30

EnvelopesAPCF 13224

File Folders2 boxes 1258

Final Stamp 1799

Hanging File Folders2boxes 1198

Holders paperbinder clips2 838

Label maker 54

Labels address 2679

Labelsfile 2469

Mouse pad 277

No Window envelopes 829

Note pads 1259

Paper2 boxes 7598

Paperclips 099

Pen Holder 529

Pens 869

Postit notesholder 2159

Ruler 099

Scissors 509

Semi final Stamp 1799

Stackable Trays 1509

Staple Remover 219

Staplerswing line 1389

Staples 518

Statement Paper 1 rm colored 819

Surge Protectors 2 4198

Tape 5 rolls 545

Tape Dispenser 359

Trash Bags tall kitchen 2199

Trash can 699

White out 719

Office Startup 104428 104428

Page 7 of 9


Housekeeping Start UpWaIMart Items

General Purpose cleaner 45

Glass Cleaner 3

Dish Soap 3

Hand disinfectant wall mounted X 2 91

Broom 12

Toilet Brush 357

Toilet Plunger 85

Carpet cleaner Spot and for Machine 16

Dust mop 20

1 box cleaning rags 15

Paper towels x 2 3

Sponges x 2 4

Pot cleaner steel wool 5

Clorox Bleach 3

Laundry soup non scented 13

Large Plastic bags 8

Kitchen Plastic bag 10

Trash Can kitchen with lid 30

Trash cans small x 3 with lids 30

Sub total 28257

Direct Supply

Mop Bucket commercial grade 44

Commercial Mop 55

Large Rubbermaid trash cans 55 gal x 2 145

Sub Total

i

244

Total Housekeeping 52657

Activities Supplies Quantity Cost

Playing Cards 2 500

Puzzles 3 3500

CD Player 1 6500

Assorted CDs 10 16000

Bingo Set 1 7500

Crafts Supplies 1 15000

Assorted Movies 10 10000

DVD Player 1 6500

Magazines Picture Books 15 10000

Balls 5 1500

Exercise bands 10 5500

Activities Supplies 82500

Page 8 of 9


Kitchen Start Up Supply ListItem Quantity Cost

Water Glasses 20 2500

Coffee Cups 20 5000

Plates Diner 20 12000

Plates Salad 20 10000

Bowls Cereal 20 5000

Desert Bowles 24 3000

Flatware Forks 24 4000

Flatware Knives 24 4000

Flatware spoon 24 4000

Flatware Soup Spocns 24 4000

Pitchers 3 2500

Coffee Maker 1 Provided by Coffee VendorToaster 2 5500

Frying Pans 12 1 4000

Frying Pan 10 1 2800

Frying Pan 8 1 2000

Pots 16 qt 1 2400

Pots 12 qt 1 1600

Pots 8 qt 1 1400

Tupperware Storage 3 sets 5500

Mixing Bowles 3 sizes 1 set 2200

Prep Knives 1 set 19000

Cutting Boards 3 18200

Spatulas 2 2500

Serving Spoons 5 2500

Staring Spoons 2 1500

Garbage Cans 4 10000

Muffin Tins 6 6000

Baking Pans 5 20000

Measuring Cups 1 set 500

Measuring Spoons 1 set 500

Tongs 2 1000

Can Opener 1 1200

Minute Timer 1 1500

Kitchen Shears 1 1200

Peelers 2 600

Spreading Spatula 2 1200

Rolling Pin 1 2500

Meat Thermometer 1 1000

Oven Mitts 5 2500

Potato Masher 1 1200

Total Kitchen 178000

Page 9 of 9

ffy

Josephine County OregonC

n 1 1 11 I x r

4 Finance Officeq JoseJosephine County Courthouse

t 500 NW 6 Street Dept 4 Grants Pass OR 97526L

541 4745222 FAX 541 4745258 TTY 800 735 2900

Jarman 10 2011

To Board of ounty Commissioners

From Rosemxk Padgett Chief Financial Officer

Re Economic Dwelopment Request Fund 210 Century 21 Expansion Kystal Garrison Gary Lucken

Economic impact No General Fund monies are required Economic Development projects are paid fromdedicated monies received firm the State lottery program Each budget year the Board accepts applicationsfor projects thai meet the criteria for economic development The Board approved 450000 of projects inthe Fiscal Yea 211011 budiet

As part of the applications S 0300 was set aside for projects to be approved by the Board during the yearThe Board has approved requests to date totaling 146000 exceeding the budget by 43000

The County has r ecei ed a second request from applicants

Century 21 Expansion 40001

The applicants originally retested a grant of25000 on May 28 2010 The Board of Commissioners tookno action on the equest August 3 2010 We received a new application on January 3 2011 for 40000Acceptance of this request Nk auld require that the Board approve a budget amendment from contingency TheEconomic Development proxam was projected to have a beginning fund balance of approximately 400000for FY 1011 With the already approved projects it is projected to end with a balance of 5150000decreasing the al ailabilit of grants for FY 2011 12

Recommendaao t lnsufficimt funds available for requested project without impacting the FY 2011 12budget Board decision

Attachments Economic Development Projects Summary w UpdatesATplication Packets Century 21 Expansion 2

ECONOMIC DEVELOPMENT

PROJECTS

FY 2Q1011

Economic Development Projects 201011 Item Costs Applications 1

Revised IL 161SHRED

2ontra for Serv es 5 4 IAnnual Dues 5 2500000 21

5 750000

RGCSBDr iIERi 35 T Buines Entrepreneurial Center 5 2000610 5 2500000 I

Parks

Dperabo Yur Projedi for Parks 5 500000 5 5600601 4

alrQrOIJnC

Marketing improvements 5 7500000 5 500000 5

IV Airpo7

Air ort Iieste Plan and Protects 5 00001 5 000000 6

Planninc I

Mler Nifir Valley Sewer sysrern 5 500605 7

iodate iviNIVC for Airpor 5 250505 Si

UGE Amendment 5 00000G 9

nisi Inind Support Prolets 5 5200105 10

DAC Expenses 5 000055 50001

1CommunT DueSaV G E I Cnambe DL1eS 5 01000 5 OOC00 12

11EC Projects tc be acproveC bx BCC Balance remaining for Projects S

l 1

air Sian 070r 10 5 2500105 5 2500101 lal

SDASTC GramLoan 072710 5 5000001 5 50000001 2a

Gi0 ieroE Home Business Vvat0 05051 s 2500G00 5 250000C

Adtive iub 1011210 5 250001 s 250000 4a

Susta able Valle Tennology Group Soredi s 700000 s 700005 Salcnl b Earth Labo aties Grant 110510 5 1005 0Ci 5 2100001 6a20 BRE 5 urveyChamb o Commerce 121310 5 G50000 5 250000 7a

r ied 6reemo5 Sorea nC o placement 121610 5 1000G00 5 1000005 6a

T AL S 49300000

Approves FY 201011 Budget s 45000000

Balance s 4300000 I

Transfer tc LHin 1 I

c jrn an fe JDeration for Parks 5 500011 i

Ground 5u ansfe Doerations1 5 C001i

AirCi in ransre IvrSte Pia andrrole i 5 017010 1

e r nC an re Maniln Supnort Pr01 t 5 35 001515 I

iota Transfer 5 00015

CC

AnoiIaU7m iC r 49121J0r

04 Josephine Count Oregon7sBoard of Commissioners Dwight F Ellis Sandi Cassanelli Simon Hare

i11111 Ii

Q Board of County Commissioners0 WEEKLY BUSINESS SESSION

AGENDA PLACEMENT REQUEST

Agenda Title Ordinance No 2014001 An Ordinance amending the Josephine County Comprehensive Plan of Josephine County Ordinance 81 11 as amended from Forest to Residential and amending the Zoning Map of JosephineCounty Ordinance 851 as arnended from Woodlot Resource WR to Rural Residential 5 Acre minimum RR5The subject property is identified in the Josephine County AssessorsRecords as Map 370517 Tax Lot 300 Theproperty owners are Bryon and Bobbie Swanson

Note IfOrdinance Resolution Order or Proclamation provide exact title For all other submissions provide a clearlywritten title For contracts provide contract type ie personal services intergovernmental agreement memorandum ofunderstanding grant agreement 41C

Agenda Date Requested 0119 11 Time Requested max 10 min 10

Department Planning Office Contact Andrew Sheridan

Phone 5424 Presenters Andrew Sheridan

1 What action are you requesting from the Board To consider Ordinance 2010 001 amending theComprehensive Plan Map of Josephine County Ordinance 8111 as amended from Forest to Residential and amending the Zoning Map of Josephine County Ordinance 851 as amended from WoodlotResource WR to Rural Residential 5 Acre minimum RR5 The subject property is identified in theJosephine County Assessors records as Map 370517 Tax Lot 300 The property owners are Bryonand Bobbie Swanson

2 Provide sufficient background information for the Board and public to understand thisissue Attach extra sheet if necessary The property owner filed an application to amend the planand zoning designations for the property in November 2008 Additional evidence and materials weresubsequently submitted and the application was deemed complete August 23 2010 The JosephineCounty Rural Planning Commission heard the matter in public hearing on September 27 2010 Theplanning cornmission recommended approval of the request to the Board of Commissioners The Boardheard the matter on December 1 2010 in public hearing and rendered a decision to approve the mapamendments The attached findings implement the Boards final decision

3 Previous action if any The Josephine County Planning Commission conducted a public hearing onSeptember 27 2010 and recommended approval of the request to the Board of Commissioners Noticeof the meeting was given by mail to property owners within 1500 of the subject property and to thecounty at large by newspaper publication Findings of approval for the Boards decision are presentedconcurrent with this ordinance under separate coversheet

4 Explain the fiscal impact ie match required None

General Fund na Other Fund Fund Amount na

Term of Contract na

5 Explain any citizen andor government participation that has or will take place During thereview and approval of the comprehensive plan and zone change appliication the county conducted twotelevised public hearings Notice was provided by mail and newspaper publication on both occasions

WBS Agenda Placement Request Ordinance No 2010001 Swanson CPZC Page 1

to con on the application Testimony and evidence was received and considered from the public inboth heanngs

Reguired Signatures

Elected OfficialDivision lProgram Manager Date i 2 2 it o

Chief Financial Officer Date

Ifagenda item has financial impact

Legal Reviewilrequired 11111r Date

NIBS Agenda Placement Request Findings Swanson CPZC Page 2

BEFORE THE BOARD OF COUNTY COMMISSIONERS FOR JOSEPHINE COUNTYSTATE OF OREGON

ORDINANCE NO 2011 001

AN ORDNANCE AMENDING THE COMPREHENSIVE PLAN MAP OF JOSEPHINE

COUNTY ORDINANCE 81 11 AS AMENDED FROM FOREST TO RESIDENTIAL ANDAMENDING THE ZONING MAP OF JOSEPHINE COUNTY ORDINANCE 851 ASAMENDED FROM WOODLOT RESOURCE WR TO RURAL RESIDENTIAL 5 ACREMINIMUM RR5 THE SUBJECT PROPERTY IS IDENTIFIED IN THE JOSEPHINE COUNTY

ASSESSORSRECORDS AS MAP 370517 TL 300 THE PROPERTY OWNERS ARE BRYONAND BOBBI SWANSON

WHEREAS the Josephine County Board of Commissioners held a public hearing on December 1 2010 to consider the request as described above and

WHEREAS the losephine County Rural Planning Commission previously held a publichearing on September 27 2010 and made a recommended decision to the Board of Commissionersas required by the countyscomprehensive plan and

WHEREAS the Board of Commissioners received testimony and evidence from the planningstaff the applicant and other land use participants both for and against the request and concludedthat the applicants met their burden of proof and that the Comprehensive Plan Map and Zone Mapchanges as requested comply with the requirements of Josephine County and State Law pertaining tosuch matters and

WHEREAS the Board of Commissioners concurrent with this Ordinance adopts writtenfindings of fact in support of its decision to approve the comprehensive plan and zone map changesdescribed herein and those findings are contained in the land use hearing record at the planning office

NOW THEREFORE based on the foregoing the Board of Commissioners for JosephineCounty Oregon hereby ordains as follows

SECTION 1 COMPREHENSIVE PLAN MAP AMENDMENT

The Josephine County Comprehensive Plan Map is hereby amended from Forest to Residential for the property identified as AssessorsMap Township 37 Range 05 Section 17 Tax Lot 300

SECTION 2 ZONE MAP AMENDMENT

I Josephine County Zoning Map is hereby amended from Woodlot Resource WR to Rural Residential 5 Acre minimum RR5 for the property identified as AssessorsMap Township 37Range 05 Section 17 Tax Lot 300

SECTION 3 AFFIRMATION

E xeept as other wise provided herein Josephine County Ordinances 8111 and 851 are hereby affirmed as originally adopted and previously amended

ORDINANCE NO 2011001 PAGE 1

SECTION 4 EFFECTIVE DATE

The first reading of this Ordinance by the Board of County Commissioners occurred thisday of 2011

The second reading and adoption of this Ordinance by the Board of County Commissionersoccurred on this day of 2011 at least 13 days from the firstreading This Ordinance shall take effect ninety days from the date of this second reading

JOSEPHINE COUNTY BOARD OF

COUNTY COMMISSIONERS

Sandi Cassanelli Chair

Simon G Hare Vice Chair

Dwight F Ellis Commissioner

ATTEST

Recordin Secretary

APPROVED AS T RM

lSteven E Rich Legal Counsel

ORDINANCE NO 2011 001 PAGE 2

BEFORE THE BOARD OF COUNTY COMMISSIONERS FOR JOSEPHINE COUNTY

STATE OF OREGON

In the Matter of Authorization of

Execution of Lease Agreements with ORDER NO 2011 003

Experimental Aircraft AssociationGary Houston Truroy Properties Incand Daniel E Linstad for lease ofCounty Property at the Grants PassAirport

WHEREAS ORS 27136 requires that every lease entered into by JosephineCounty of its real property pursuant to ORS 271310 shall be authorized by order of thegoverning body executing the lease

NOW THEREFORE IT IS HEREBY ORDERED that the Board of CountyCommissioners for Josephine County authorizes the execution of lease agreementscopies of which are attached hereto with Lessees Experimental Aircraft Association GaryHouston Truroy Properties Inc and Daniel E Linstad for lease of county property at theGrants Pass Airport Private Hangar Space numbers 79 81 84 and 87

DONE AND DATED this day of January 2011

JOSEPHINE COUNTY

BOARD OF COMMISSIONERS

S Cassanelli Chair



ORDER NO 2011 003

Building 79350622D008007900

JOSEPHINE COUNTY AIRPORT

SITE LEASE FOR PRIVATE HANGAR

THIS AGREEMENT is made this day of 2010 by and betweenJOSEPHINE COUNTY a political subdivision of the State of Oregon hereinafter calledLESSOR and

Experimental Aircraft AssociationChapter 7251333 Brookside Blvd

Grants Pass OR 97526Phone 541 4790691

hereinafter called LESSEE

IN CONSIDERATION of the mutual terms covenants and conditions herein containedthe parties do hereby agree as follows

SECTION 100 MINIMUM STANDARDSRULES AND REGULATIONS

It is expressly understood and agreed between the parties that in addition to the termscovenants and conditions of this Agreement the parties are further subject to and will fullycomply with all the terms covenants and conditions contained within the following documentswhich documents including subsequent amendments are incorporated herein by reference

a Minimum Standards for Fixed Base Operators Authorized Operatorsand Airports Tenants at the Josephine County Airport Grants PassOregon adopted by the Board of County Commissioners as Order No2009028 dated May 27 2009

b Josephine County Airports Rates and Charges Policy for Use at theJosephine County Airports adopted by the Board of CountyCommissioners as Order No 2007058 dated November 21 2007

c Josephine County Airports Policy Operational Guidance Rules andRegulations and

d Administrative Policy Regarding Ultralight Operations at JosephineCounty Airports adopted by the Board of County Commissioners asOrder No 20023 dated January 16 2002

LESSEE acknowledges receipt of a copy of said documents

LESSEE further agrees to abide by and comply with all rules and regulations of LESSOR andwith all federal state and local laws and ordinances and all the rules and regulations of theState and Federal Aviation Administration now in existence or as subsequently amended

SECTION 200 LEASED PREMISES

LESSOR hereby leases to LESSEE and LESSEE hereby agrees to lease from LESSOR thereal property depicted in Exhibit A attached hereto and made a part hereof The real propertysubject to the lease herein is commonly known as Space 79

Suosection 2 01 Premises Use

It is contemplated that as a part of future development private hangars will beconstructed as set forth in the Airport Master Plan as administered by the Josephine CountyJosephine County Airport Site Lease For Private Hangar Experimental Aircraft Association Page 1 of 8

Department of Airports Use of the premises shall be for airport related purposes LESSEE

shall use the premises primarily for storage of aircraft and related supplies LESSEE maychoose to perform any service on its own aircraft the LESSEE is legally qualified to performLESSEE shall not use the premises for any purpose not authorized by the Minimum Standardsreferenced in Section 100 hereon Commercial use of the building is not permitted

Subsection 202 Use of Common Areas

LESSEE shall have the right in common with other airport tenants to use common areasof the Airport including runways taxiways aprons roadways floodlights landing lights signalsand other conveniences for the takeoff flying and landing of aircraft owned or operated byLESSEE

SECTION 300 CONSIDERATION TERMS

Subsection 301 Rental Payments

In conformance with the Josephine County Airports Rates and Charges Policy for Useat the Josephine County Airports adopted by the Board of County Commissioners as OrderNo 2007058 dated November 21 2007 LESSEE shall pay LESSOR as a base rental fee forthe land leased a sum not less than 91920 per year Said amount is due annually onJanuary 2 Rental for the first year will be prorated as of the date of execution of this leaseThe rental payments shall be increased each January 1 after the execution of this Lease Saidannual increase shall be based upon and consistent with the Portland Oregon Consumer PriceIndex LESSOR will give written notice by mail or by personal delivery of the rent increase atleast thirty 30 days prior to the effective date of the increase

Subsection 302 Lease Term

The term of this Agreement shall commence on the 20th day of October 2009 andcontinue until October 19 2019 unless earlier terminated as otherwise provided herein

Subsection 303 Administrative Charges and Late Payments

If any payment is not received by the LESSOR by January 2nd of each calendar yearLESSEE shall pay LESSOR an administrative charge of nine 9 percent of the payment duein addition to any rent payments then due Said charge shall be considered part of rentPayments not received in full within thirty 30 days of the due date shall at LESSORsdiscretion constitute a breach of this Agreement and LESSOR shall have the right to terminatethis Agreement

Subsection 304 Option To Renew

If the LESSEE is not in default hereunder upon the termination of the original termhereof LESSEE shall have the option to renew this Lease for an additional ten 10 year periodby giving the LESSOR written notice of same not less than one hundred and eighty 180 daysprior to the last day of the original term hereof Provided however that the terms and conditionsfor the extended period shall be subject to renegotiation by the parties hereto and shall beagreed upon mutually before said extended term shall commence In the event that the partiesare unable to mutually agree on the terms and conditions for said extended term this leaseshall terminate on the date specified herein

Josephine obnty Airport Site Lease For Private Hangar Experimental Aircraft Association Page 2 of 8

SECTION 400 TRANSFER

Subsection 401 Sale or Transfer of Improvements

LESSEE shall not sell assign transfer pledge or sublet or in any way encumber thesite subject to this lease or any rights or privileges conferred by this lease without the expresswritten consent of LESSOR However if LESSEE desires to sell the improvements asdescribed in Subsection 402 below the buyer of said improvements must meet therequirements of and enter into a new lease with the LESSOR The term of such new lease withbuyer shall not be less than the unexpired term of LESSEEslease granted herein

The lease hereunder will remain in full force and effect and LESSEE must comply withall terms and conditions hereof unless and until the buyer of the improvements described inSubsection 4 02 below executes a new lease of the subject real property with LESSOR Uponthe execution of such a new lease the lease herein is terminated and the obligations andresponsibilities between LESSOR and LESSEE named herein are terminated

Subsection 402 Improvements at Lease Termination

Upon termination of this lease LESSEE shall have so long as LESSEE is not in defaultunder this lease an option relating to any improvement fixture building or structure placedupon the leased site by LESSEE during the term of this lease including extended terms duringthe life of the improvementsto sell said improvements to any buyer qualified and able to enterinto a lease of the subject site with LESSOR as determined by mutual agreement between saidbuyer and LESSOR or to remove from the leased site all said improvements within sixty 60days following the lease termination and restore the premises to its original condition Anyimprovement fixture building or structure remaining upon the leased premises sixty 60 daysfollowing the lease termination shall be and remain the property of the LESSOR JosephineCounty

SECTION 500 LIABILITY INSURANCETAXESINDEMNIFICATION

Section 501 Comprehensive General Liability Insurance

At all times during the term hereof the LESSEE will at the LESSEEs own expensekeep in effect and deliver to the LESSOR liability insurance policies in form and with an insurersatisfactory to the LESSOR Such policies shall insure both the LESSOR and the LESSEEagainst all liability for damage to persons or property in upon or about the premises The

amount of such insurance shall be not less that 100000 for injury to one person not less than500000 for injuries to all persons arising out of any single incident and not less than 100000for damage to property or a combined single limit of not less than 500000 It shall be the

responsibility of LESSEE to purchase casualty insurance with extended coverage so as toinsure any structure on the premises against damage caused by fire or the effects of firesmoke heat means of extinguishment etc or any other means of loss It shall be the

responsibility of the LESSEE to insure all of the LESSEEs belongings upon the premises ofwhatsoever nature against the same With respect to these policies LESSEE shall cause theLESSOR Yo be named as an additional insured party

The documents showing current insurance and endorsements must be current and onfile with the Josephine County Risk Manager and the Airport Director

Josephine County Airport Sre Lease For Private Hangar Experimental Aircraft Association Page 3 of 8

It is further understood that LESSOR reserves the right in the future as the law andcircumstances are subject to change to require an increase in said bodily injury and propertydamage insurance limits

Section 502 Property Taxes

LESSEE shall assume and pay all taxes and assessments that may be due on theimprovement on the leased property including the personal property used by the LESSEE in itsoperation

Subsection 503 Indemnification

Notwithstanding anything herein to the contrary LESSEEs use of the subject premisesshall not result in any cost or expense to LESSOR whatsoever and LESSEE shall save holdharmless and indemnify LESSOR from any such cost or expense

LESSEE agrees to and shall indemnify and hold LESSOR harmless against any and allclaims and demands arising from the negligence of the LESSEE LESSEEs officers agentsinvitees andor employees as well as those arising from LESSEEs failure to comply with anycovenant of this lease on LESSEEspart to be performed and shall at LESSEEsown expensedefend the LESSOR against any and all suits or actions arising out of such negligence actual oralleged and all appeals therefrom and shall satisfy and discharge any judgment which may beawarded against LESSOR in any such suit or action

SECTION 600 MAINTENANCE AND UTILITIES

LESSOR shall be responsible for all maintenance of airport common ground with the exceptionof the exterior ground three 3 feet wide immediately surrounding the building LESSEE shall

maintain the exterior of the hangar including paint and keep the grass and brush cut on thosethree feet of ground surrounding the building LESSEE shall be responsible for the installationand structural maintenance of the asphalt apron from the building to taxi lane interior groundwater electricity and sewer charges and garbage collection charges used on or incurredanywhere in or about the leased premises and LESSEE shall pay said charges made by thesuppliers thereof promptly when due The LESSEE shall remove from the airport and otherwisedispose of in an approved manner all garbage debris and other waste material whether solidor liquid arising out of LESSEEs occupancy of the premises The LESSEE shall keep and

maintain the leased premises in a neat and orderly manner LESSEE may not store or depositmaterial containers or any other item of any description in any area surrounding the hangarnor permit or give permission to any other party to store or deposit any such items Any itemsstored or deposited in violation of this provision may be removed and disposed of by LESSORor LESSORsagents at LESSEEsexpense

Section 601 Premises Inspection

LESSOR reserves the right to inspect LESSEEs improvements for condition andappearance in accordance with airport standards for maintaining clean safe and attractivefacilities at the airport Items considered will include but not be limited to siding and exteriorfinish roofing doors and structural soundness LESSEE shall keep and maintain the building ingood repair and promptly repair any unsightly damage or deterioration If LESSEE fails to makethe repairs within a specified period the LESSOR shall have the right to terminate thisAgreement

Josephine County Airport Site Lease For Private Hangar Experimental Aircraft Association Page 4 of 8

SECTION 700 FUTURE REQUIREMENTS

This lease shall be subordinate to the provisions of any existing or future agreement betweenJosephine County and the United States relative to the operation and maintenance of theAirport the execution of which has been or may be required as a condition precedent to thereceipt and expenditure of federal funds for the development of the Airport properties

SECTION 500 WAR OR NATIONAL EMERGENCY

This lease shall further be subordinate to the right of the LESSOR during the time of war or anynational emergency to lease or surrender the subject premises or any part thereof to theUnited States Government for military or naval use and if any such lease is made theprovisions of this lease shall be suspended

SECTION 900 HAZARDOUS SUBSTANCES

The LESSEE represents and warrants to the LESSOR that the LESSEEs use of the Propertywill be in full compliance with all federal state and local statutes ordinances rules regulationsand other laws pertaining to Hazardous Substances as hereafter defined The LESSEE

agrees to hold harmless indemnify and defend the LESSOR from and against any claimdemand penalty fee lien damage loss expense or liability resulting from i any breach of therepresentations or warranties made by it in this paragraph including attorneysfees and costs ofor in preparation for any administrative or judicial proceeding or appeal review and ii thecontamination by Hazardous Substances of the leased premises or any other properties directlyor indirectly resulting from any activities of or associated with the use of the leased premisesAs used herein the term Hazardous Substances shall mean any hazardous toxic ordangerous substance waste or material that is or may become regulated under any federalstate or local statute ordinance rule regulation or other law now or hereafter in effectpertaining to environmental protection contamination or cleanup including without limitationthe Comprehensive Environmental Response Compensation and Liability Act 42 USC9601 et seq the Resource Conservation and Recovery Act 42 USC 6901 et seq theFederal Water Pollution Control Act 33 USC 1257 et seq and per the Clean Air Act 42USC 2001 et seq and amendments thereto

SECTION 1000 FIRE PREVENTION

LESSEE shall exercise due diligence and reasonable care and caution to prevent and controlfires on the airport and to that end shall

a Have available suitable fire extinguishers in accordance with rules and

regulations as set forth by the State or County Fire Marshalb Store any flammables in suitably protected containers in accordance with rules

and regulations as set forth by the State or County Fire Marshal andc Comply with all state county and city fire regulations when using flammable

liquids and materials on airport property

SECTION 1100 ASSIGNMENT AND SUBLETTING

This agreement is personal to the LESSEE and no assignment or subletting is permitted in thisagreement in whole or in part without the express written consent of LESSOR

Josephine ounty Airport Site Lease For Private Hangar Experimental Aircraft Association Page 5 of 8

SECTION 1200 DEFAULT

In the event that LESSEE fails to comply with the terms and provision of this Lease Agreementor fails to comply with any reasonable request or direction of the LESSOR arising out of theterms and provisions of this Lease Agreement then the said LESSEE shall be deemed indefault of this Agreement If said default continues for more than thirty 30 days after notice ofsame to LESSEE LESSOR may terminate this Lease Agreement and reenter and repossesssaid premises and facilities thereon and hold the same

SECTION 1300 MISCELLANEOUS

Subsection 1301 Hangar Construction

Plans for all hangars to be constructed on the leased property must be approved by theJosephine County Building Safety Department before construction is begun Commerciallyconstructed individual hangars and structures constructed on the site will be permitted providedthey comply with the specifications approved by the Airport Director as defined within the rulesand regulations for construction of private hangars and buildings on leased land at the Airportand meet the requirements of the Building Safety Department Construction must be initiated

within 90 days after the lease is signed and the hangar must be completed within 180 days fromthe date of execution of lease Delays in construction which might cause the completion date toextend beyond the specified period should be referred to the Airport Director for considerationsince failure to meet these dates will be cause for termination of the lease

Subsection 1302 Construction Liens

The LESSEE during the construction of any improvement upon the leased premisesshall secure a waiver of liens as to all materialmen laborers or suppliers furnishing or supplyingmaterials or labor for the construction of said hangar Said lien waivers shall be furnished to theAirport Director prior to any deliveries being made upon said premises and prior to any work orlabor being performed It shall be the obligation of each individual LESSEE to secure the lienwaivers prior to the permitting of any labor materials or any construction by any persons firmsor any corporations

In the construction of the hangar building the LESSEE and LESSEEsagents suppliersand workmen shall fully and completely comply with all FAA requirements as set forth in theguidelines for leases or agreements granting commercial franchises to airports affected byfederal agreements dated April 1981 and as hereafter amended All the provisions of that

federal agreement shall be an integral part of adopted in and incorporated into any constructionagreement and this Lease Agreement

Subsection 1303 AttorneysFees

In any action brought by either party under this Agreement or any appeal thereof theprevailing party shall be entitled to recover interest costs and reasonable attorneysfees

Subsection 1304 Arbitration

Any dispute between the parties regarding the terms of this lease shall be submitted tobinding arbitration for resolution Absent agreement upon a single arbitrator each party shallselect an arbitrator and the arbitrators so selected shall appoint a third arbitrator and the panelof three arbitrators so selected shall arbitrate a resolution

Josephine ounty Airport Site Lease For Private Hangar Experimental Aircraft Association Page 6 of 8

The parties by mutual agreement may determine the rules for the conduct of thearbitration proceedings Absent agreement the Oregon Uniform Trial Court Rules togetherwith the supplemental trial court rules of Josephine County applicable to arbitration shall beapplicable to the proceeding

Nothing in this section shall be construed to preclude this matter being submitted tomediation or other alternate dispute resolution program or proceeding

Subsection 1305 Notices

Any notice required by the terms of this lease to be given by one party hereto to theother shall be sufficient if in writing contained in a sealed envelope and hand delivered or sentfirst class mail with postage prepaid as follows

TO LESSOR TO LESSEE

Josephine County Dept of Airports Ken Clark President1441 Brookside Blvd Experimental Aircraft Association Ch 725Grants Pass OR 97526 1333 Brookside Blvd

Grants Pass OR 97526

The parties agree that the place of mailing of notices may be changed from time to timehowever all such changes of address must be in writing contained in a sealed envelope andhand delivered or sent first class mail with postage prepaid to the addressee designated herein

Subsection 1306 BindingEffect

This Agreement shall be binding upon and inure to the benefit of its heirs administratorsrepresentatives and successors in interest of the parties hereto This lease supersedes anyprior lease upon the subject premises executed by the parties or their successors in interest

Subsection 13 Severability Clause

In the event that any provision of this Agreement is found by a competent Court oragency to be unconstitutional or violative of any federal or state law rule regulation or ordersuch findings shall affect only such provision and all remaining provisions of this Agreementshall remain valid and enforceable

Subsection 1309 Waiver

Any waiver by the LESSOR of any breach of any covenant herein contained to be keptand performed by the LESSEE shall not be deemed or considered as a continuing waiver andshall not operate to bar or prevent the LESSOR from declaring a forfeiture for any succeedingbreach either of the same condition or covenant or otherwise

i

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Josephine County Airport Sre Lease For Private Hangar Experimental Aircraft Association Page 7 of 8

IN WITNESS WHEREOF the parties have signed this Lease Agreement the day andyear first written above

LESSOR LESSEE

JOSEPHINE COUNTY EXPERIMENTAL AIRCRAFT

BOARD OF COMMISSIONERS ASSOCIATION CHAPTER 725

upowenatimxteet Ken Clark President

S Cassaneli Chair

t Date

Simon C Hare Vice Chair

Dwight fi7 Is Commissioner

Date

APPROVED AS TO FORM

gorworCounty Legal Counsel

Josephine County Airport Site Lease or Private Hangar Experimental Aircraft Association Page 8 of 8

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THIS AGREEMENT is made this day of 2010 by andbetween JOSEPHINE COUNTY a political subdivision of the State of Oregon hereinafter calledLESSOR and

Gary Houston887 South Side Road

Grants Pass OR 97527Phone 541 761 1804










LESSEE furtner agrees 10 abide by and comply with all rules and regulations of LESSOR andwith all federal state and local laws and ordinances and all the rules and regulations of theState and rederal Aviation Administration now in existence or as subsequently amended


LESSOR hereby leases to LESSEE and LESSEE hereby agrees to lease from LESSOR thereal property depicted in Exhibit A attached hereto and made a part hereof The real property

subject to the lease herein is commonly known as Space 81

Subsection 201 Premises Use

It is contemplated that as a part of future development private hangars will beconstructed as set forth in the Airport Master Plan as administered by the Josephine CountyDepartment of Airports Use of the premises shall be for airport related purposes LESSEE

Josephine Cocnty Airport Site Lease For Private Hangar Houston Page 1 of 8








The term of this Agreement shall commence on the 1st day of June 2009 and continueuntil May 31 2019 unless earlier terminated as otherwise provided herein


If any payment is not received by the LESSOR by January 2nd of each calendar yearLESSEE shall pay LESSOR an administrative charge of nine 9 percent of the payment duein additior to any rent payments then due Said charge shall be considered part of rentPayments not received in full within thirty 30 days of the due date shall at LESSORsdiscretion constitute a breach of this Agreement and LESSOR shah have the right to terminatethis Agreement



Josephine County Airport Site Lease For Prvate Hangar Houston Page 2 of 8




The lease hereunder will remain in full force and effect and LESSEE must comply withall terms and conditions hereof unless and until the buyer of the improvements described inSubsection 4 02 below executes a new lease of the subject real property with LESSOR Uponthe execution of such a new lease the lease herein is terminated and the obligations andresponsibilities between LESSOR and LESSEE named herein are terminated





At al times during the term hereof the LESSEE will at the LESSEEs own expensekeep in effect and deliver to the LESSOR liability insurance policies in form and with an insurersatisfactory to the LESSOR Such policies shall insure both the LESSOR and the LESSEEagainst all itiabiiity for damage to persons or property in upon or about the premises The


responsibility of LESSEE to purchase casualty insurance with extended coverage so as toinsure any structure or the premises against damage caused by fire or the effects of firesmoke heat means of extinguishment etc or any other means of loss It shall be the

responsibility of the LESSEE to insure all of the LESSEEs belongings upon the premises ofwhatsoever nature against the sarne With respect to these policies LESSEE shall cause theLESSOR to be named as an additional insured party


Josephine aunty Airport Site Lease For Private Hangar Houston Page 3 of 8

It is further understood that LESSOR reserves the right in the future as the law andcircumstances are subject to change to require an increase in said bodily injury and propertydamage insurance limits




Notwithstanding anything herein to the contrary LESSEEs use of the subject premisesshall not result in any cost or expense to LESSOR whatsoever and LESSEE shall save holdharmless anc indemnify LESSOR from any such cost or expense

LESSEE agrees to and shall indemnify and hold LESSOR harmless against any and allclaims and demands arising from the negligence of the LESSEE LESSEEs officers agentsinvitees andor employees as well as those arising from LESSEEs failure to comply with anycovenant of this lease on LESSEEs part to be performed and shall at LESSEEsown expensedefend the LESSOR against any and all suits or actions arising out of such negligence actual oralleged and all appeals therefrom and shall satisfy and discharge any judgment which may beawarded against LESSOR in any such suit or action


LESSOR snail be responsible for all maintenance of airport common ground with the exceptionof the exte ior ground three 3 feet wide immediately surrounding the building LESSEE shall

maintain the exterior of the hangar including paint and keep the grass and brush cut on thosethree feet of ground surrounding the building LESSEE shall be responsible for the installationand structural maintenance of the asphalt apron from the building to taxi lane interior groundwater electricity and sewer charges and garbage collection charges used on or incurredanywhere In or about the leased premises and LESSEE shall pay said charges made by thesuppliers thereof promptly when due The LESSEE shall remove from the airport and otherwisedispose of in an approved manner all garbage debris and other waste material whether solidor liquid arising out of LESSEEs occupancy of the premises The LESSEE shall keep andmaintain the leased premises in a neat and orderly manner LESSEE may not store or depositmaterial containers or any other item of any description in any area surrounding the hangarnor permit or give permission to any other party to store or deposit any such items Any itemsstored or deposited in violation of this provision may be removed and disposed of by LESSORor LESSORsagents at LESSEEsexpense



Josephine CoLnty Airport Site Lease For Private Hangar Houston Page 4 of 8


This lease shall be subordinate to the provisions of any existing or future agreement betweenJosephine County and the United States relative to the operation and maintenance of theAirport the execution of which has been or may be required as a condition precedent to thereceipt anc expenditure of federal funds for the development of the Airport properties

SECTION 800 VVAR OR NATIONAL EMERGENCY



The LESSEE represents and warrants to the LESSOR that the LE SSEEs use of the Propertywill be in full compliance with all federal state and local statutes ordinances rules regulationsand other laws pertaining to Hazardous Substances as hereafter defined The LESSEE

agrees to hold harmless indemnify and defend the LESSOR from and against any claimdemand penalty fee lien damage loss expense or liability resulting from i any breach of therepresentations or warranties made by it in this paragraph including attorneysfees and costs ofor in preparation for any administrative or judicial proceeding or appeal review and ii thecontamination by Hazardous Substances of the leased premises or any other properties directlyor indirectly resulting from any activities of or associated with the use of the leased premisesAs used herein the term Hazardous Substances shall mean any hazardous toxic ordangerous substance waste or material that is or may become regulated under any federalstate or oval statute ordinance rule regulation or other law now or hereafter in effectpertaining to environmental protection contamination or cleanup including without limitationthe Comprehensive Environmental Response Compensation and Liability Act 42 USC9601 et seq the Resource Conservation and Recovery Act 42 USC 6901 et seq theFederal Water Pollution Control Act 33 USC 1257 et seq and per the Clean Air Act 42US0 2001 et seq and amendments thereto






liquids and materials or airport property


This agreement is personal to the LESSEE and no assignment or subletting is permitted in thisagreement in whole or in part without the express written consent of LESSOR

Josephine aunty Airport Site Lease For Private Hangar Houston Page 5 of 8


In the event that LESSEE fails to comply with the terms and provisions of this Lease Agreementor fails to comply with any reasonable request or direction of the LESSOR arising out of theterms and provisions of this Lease Agreement then the said LESSEE shall be deemed indefault of this Agreement If said default continues for more than thirty 30 days after notice ofsame to LESSEE LESSOR may terminate this Lease Agreement and reenter and repossesssaid premises and facilities thereon and hold the same

SECTION 13 00 MISCELLANEOUS

Subsection 13 01 Hangar Construction

Plans for all hangars to be constructed on the leased property must be approved by theJosephine County Building Safety Department before construction is begun Commerciallyconstructed individual hangars and structures constructed on the site will be permitted providedthey comply with the specifications approved by the Airport Director as defined within the rulesand regulations for construction of private hangars and buildings on leased land at the Airportand meet the requirements of the Building Safety Department Construction must be initiated

within 90 days after the lease is signed and the hangar must be completed within 180 days fromthe date of execution of lease Delays in construction which might cause the completion date toextend beyond the specified period should be referred to the Airport Director for considerationsince failure 10 meet these dates will be cause for termination of the lease


The LESSEE during the construction of any improvement upon the leased premisesshall secure a waiver of liens as to all materialmen laborers or suppliers furnishing or supplyingmaterials or labor for the construction of said hangar Said lien waivers shall be furnished to theAirport Director prior to any deliveries being made upon said premises and prior to any work orlabor being performed It shall be the obligation of each individual LESSEE to secure the lienwaivers prior to the permitting of any labor materials or any construction by any persons firmsor any corpoations

In the construction of the hangar building the LESSEE and LESSEEsagents suppliersand workmen shall fully and completely comply with all FAA requirements as set forth in theguidelines for leases or agreements granting commercial franchises to airports affected byfederal agreements dated April 1981 and as hereafter amended All the provisions of thatfederal agreement shall be an integral part of adopted in and incorporated into any constructionagreement and this Lease Agreement


In any action brought by either party under this Agreement or any appeal thereof theprevailing oarty shall be entitled to recover interest costs and reasonable attorneysfees



Josephine Ginty Airport Site Lease For Private Hangar Houston Page 6 of 8

The parties by rnutual agreement may determine the rules for the conduct of thearbitration proceedings Absent agreement the Oregon Uniform Trial Court Rules togetherwith the supplemental trial court rules of Josephine County applicable to arbitration shall beapplicable to the proceeding



Any notice required by the terms of this lease to be given by one party hereto to theother shall be sufficient f in writing contained in a sealed envelope and hand delivered or sentfirst class mail with postage prepaid as follows

TO LESSOR TO LESSEE

Josephine County Dept of Airports Gary Houston1441 Brookside Blvd 887 South Side Road

Grants Pass OF 97526 Grants Pass OR 97527


Subsection 1306 Binding Effect

This Agreement shall be binding upon and inure to the benefit of its heirs administratorsrepresentatives and successors in interest of the parties hereto This lease supersedes anyprior ease upon the subject premises executed by the parties or their successors in interest


In the event that any provision of this Agreement is found by a competent Court or agency to beunconstitutional or violative of any federal or state law rule regulation or order such findingsshall affect only such provision and all remaining provisions of this Agreement shall remain validand enforceable



11

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Josephine County Airport Site Lease For Private Hangar Houston Page 7 of 8


LESSOR LESSEEJOSEPHINE COUNTY

BOARD OF COMMISSIONERS j

Gary lous onS Cassaneili Chair

s f

04143COW DateSimon G Ilare Vice Chair

Dwight F Ellis Cornnissioner

Date

APPROVED AS TO FORM

ii

ounty Legal Co nsel

Josephine C aunty Airport Site Lease For Private Hangar Houston Page 8 of 8

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Truroy Properties Inc2825 Redwood Ave

Grants Pass OR 97527Phone 541 4796059








d Administrative Policy Regarding Ultralight Operations at JosephineCounty Airports adopted by the Board of County Commissioners asOrder Nc 20023 dated January 16 2002

LESSEE acI nowledges receipt of a copy of said documents

LESSEE further agrees to abide by and comply with all rules and regulations of LESSOR andwith all federal state and local laws and ordinances and all the rules and regulations of theState and Federal Aviat cm Administration now in existence or as subsequently amended

SECTION2 0 LEASED PREMISES

LESSOR hereby leases to LESSEE and LESSEE hereby agrees to lease from LESSOR thereal property depicted in Exhibit A attached hereto and made a part hereof The real property

subject to the lease herein is commoniy known as Space 84



Josephine Couity Airport Site Lease For Private Hangar Truroy Properties Inc Page 1 of 8






In conformance vvith the Josephine County Airports Rates and Charges Policy for Useat the Josephine County Airports adopted by the Board of County Commissioners as OrderNo 2007058 dated November 21 2007 LESSEE shall pay LESSOR as a base rental fee forthe land leased a sum not less than 57910 per year Said amount is due annually onJanuary 2 Rental for the first year will be prorated as of the date of execution of this leaseThe rental payments shall be increased each January 1 after the execution of this Lease Saidannual increase shall be based upon and consistent with the Portland Oregon Consumer PriceIndex LESSOR will give written notice by mail or by personal delivery of the rent increase atleast thirty 30 days prior to the effective date of the increase


The term of this Agreement shall commence on the 1 day of August 2010 andcontinue until July 31 2020 unless earlier terminated as otherwise provided herein


If any payment is not received by the LESSOR by January 2nd of each calendar yearLESSEE shall pay LESSOR an administrative charge of nine 9 percent of the payment duein additior to any rent payments then due Said charge shall be considered part of rentPayments not received in full within thirty 30 days of the due date shall at LESSORsdiscretion constitute a breach of this Agreement and LESSOR shall have the right to terminatethis Agreement


If tte LESSEE is not in default hereunder upon the termination of the original termhereof LESSEE shall have the option to renew this Lease for an additional ten 10 year periodby giving the LESSOR written notice of same not less than one hundred and eighty 180 daysprior to the last day of the original term hereof Provided however that the terms and conditionsfor the extended period shall be subject to renegotiation by the parties hereto and shall beagreed upor mutually before said extended term shall commence In the event that the partiesare unable to mutually agree on the terms and conditions for said extended term this leaseshall terminate on the date specified herein

Josephine Cuo ity Airport Site Lease For Private Hangar Truroy Properties Inc Page 2 of 8



LESSEE shall not sell assign transfer pledge or sublet or in any way encumber thesite subject to this lease or any rights or privileges conferred by this lease without the expresswritten consent of LESSOR However if LESSEE desires to sell the improvements asdescribed in Subsection 402 below the buyer of said improvements must meet therequirements of and enter into a new lease with the LESSOR The term of such new lease withbuyer shall not be less than the unexpired term of LESSEEs lease granted herein

The lease hereunder will remain in full force and effect and LESSEE must comply withall terms and conditions hereof unless and until the buyer of the improvements described inSubsection 402 below executes a new lease of the subject real property with LESSOR Uponthe execution of such a new lease the lease herein is terminated and the obligations andresponsibilities between LESSOR and LESSEE named herein are terminated


Upon termination of this lease LESSEE shall have so long as LESSEE is not in defaultunder this lease an option relating to any improvement fixture building or structure placedupon the leased site by LESSEE during the term of this lease including extended terms duringthe life of the improvementsto sell said improvements to any buyer qualified and able to enterinto a lease of the subject site with LESSOR as determined by mutual agreement between saidbuyer and LESSOR or to remove from the leased site all said improvements within sixty 60days following the lease termination and restore the premises to its original condition Anyimprovement fixture building or structure remaining upon the leased premises sixty 60 daysfollowing he lease termination shall be and remain the property of the LESSOR JosephineCounty



At ali times during the term hereof the LESSEE will at the LESSEEs own expensekeep in effect and deliver to the LESSOR liability insurance policies in form and with an insurersatisfactory to the LESSOR Such policies shall insure both the LESSOR and the LESSEEagainst all Lability for damage to persons or property in upon or about the premises The


responsibility of LESSEE to purchase casualty insurance with extended coverage so as toinsure any structure on the premises against damage caused by fire or the effects of firesmoke heat means of extinguishment etc or any other means of loss It shall be the

responsibility of the LESSEE to insure all of the LESSEEs belongings upon the premises ofwhatsoever nature against the same With respect to these policies LESSEE shall cause theLESSOR to be named as an additional insured party


Josephine Caway Airport Site Lease For Private Hangar Truroy Properties Inc Page 3 of 8

It is f irther understood that LESSOR reserves the right in the future as the law andcircumstances are subject to change to require an increase in said bodily injury and propertydamage insurance limits




Notwithstanding anything herein to the contrary LESSEEs use of the subject premisesshall not result in any cost or expense to LESSOR whatsoever and LESSEE shall save holdharmless and indemnify LESSOR from any such cost or expense

LESSEE agrees to and shall indemnify and hold LESSOR harmless against any and allclaims and demands arising from the negligence of the LESSEE LESSEEs officers agentsinvitees andor employees as well as those arising from LESSEESfailure to comply with anycovenant of this lease on LESSEESpart to be performed and shall at LESSEEsown expensedefend the LESSOR against any and all suits or actions arising out of such negligence actual oralleged and all appeals therefrom and shall satisfy and discharge any judgment which may beawarded against LESSOR in any such suit or action

SECTION 6JO MAINTENANCE AND UTILITIES

LESSOR shall be responsible for all maintenance of airport common ground with the exceptionof the exterior ground three 3 feet wide immediately surrounding the building LESSEE shallmaintain the exterior of the hangar including paint and keep the grass and brush cut on thosethree feet of ground surrounding the building LESSEE shall be responsible for the installationand structural maintenance of the asphalt apron from the building to taxi lane interior groundwater electricity and sewer charges and garbage collection charges used on or incurredanywhere in or about the leased premises and LESSEE shall pay said charges made by thesuppliers thereof promptly when due The LESSEE shall remove from the airport and otherwisedispose of in an approved manner all garbage debris and other waste material whether solidor liquid arising out of LESSEEs occupancy of the premises The LESSEE shall keep andmaintain the leased premises in a neat and orderly manner LESSEE may not store or depositmaterial containers or any other item of any description in any area surrounding the hangarnor permit or give permission to any other party to store or deposit any such items Any itemsstored or deposited in violation of this provision may be removed and disposed of by LESSORor LESSORsagents at LESSEEsexpense


LESSOR reserves the right to inspect LESSEEs improvements for condition andappearance in accordance with airport standards for maintaining clean safe and attractivefacilities at the airport Items considered will include but not be limited to siding and exteriorfinish roofing doors anc structural soundness LESSEE shall keep and maintain the building ingood repair and promptly repair any unsightly damage or deterioration If LESSEE fails to makethe repairs within a specified period the LESSOR shall have the right to terminate thisAgreement

Josephine County Airport Site Lease For Private Hangar Truroy Properties Inc Page 4 of 8

SECTION TOO FUTURE REQUIREMENTS

This lease snall be subordinate to the provisions of any existing or future agreement betweenJosephine County and the United States relative to the operation and maintenance of theAirport the execution of which has been or may be required as a condition precedent to thereceipt anc expenditure of federal funds for the development of the Airport properties





agrees to hold harmless indemnify and defend the LESSOR from and against any claimdemand penalty fee lien damage loss expense or liability resulting from i any breach of therepresentations or warranties made by it in this paragraph including attorneysfees and costs ofor in preparation for any administrative or judicial proceeding or appeal review and ii thecontamination by Hazardous Substances of the leased premises or any other properties directlyor indirectly resulting from any activities of or associated with the use of the leased premisesAs used Herein the term Hazardous Substances shall mean any hazardous toxic ordangerous substance waste or material that is or may become regulated under any federalstate or local statute ordinance rule regulation or other law now or hereafter in effectpertaining to environmental protection contamination or cleanup including without limitationthe Comprehensive Environmental Response Compensation and Liability Act 42 USC9601 et seq the Resource Conservation and Recovery Act 42 U SC 6901 et seq the

Federal Water Pollution Control Act 33 USC 1257 et seq and per the Clean Air Act 42USC 2001 et seq and amendments thereto






liquids and materials on airport property


This agreement is personal to the LESSEE and no assignment or subletting is permitted in thisagreement it whole or in part without the express written consent of LESSOR

Josephine Cou Ity Airport Site Lease For Private Hangar Truroy Properties Inc Page 5 of 8





Plans for all hangars to be constructed on the leased property must be approved by theJosephine County Building Safety Department before construction is begun Commerciallyconstructed individual hangars and structures constructed on the site will be permitted providedthey comply with the specifications approved by the Airport Director as defined within the rulesand regulations for construction of private hangars and buildings on leased and at the Airportand meet the requirements of the Building Safety Department Construction must be initiated



The LESSEE during the construction of any improvement upon the leased premisesshall secure a waiver of liens as to all rnaterialmen laborers or suppliers furnishing or supplyingmaterials or labor for the construction of said hangar Said lien waivers shall be furnished to theAirport Director prior to any deliveries being made upon said premises and prior to any work orlabor being performed It shall be the obligation of each individual LESSEE to secure the lienwaivers prior to the permitting of any labor materials or any construction by any persons firmsor any corporations





And dispute between the parties regarding the terms of this lease shall be submitted tobinding arbitration for resolution Absent agreement upon a single arbitrator each party shallselect an arbitrator and the arbitrators so selected shall appoint a third arbitrator and the panelof three arbitrators so selected shall arbitrate a resolution

Josephine Counity Airport Site Lease For Private Hangar Truroy Properties Inc Page 6 of 8





TO LESSOR TO LESSEE

Josephine County Dept of Airports Truroy Properties Inc1441 Brookside Blvd 2825 Redwood Ave

Grants Pass OR 97526 Grants Pass OR 97527

The parties agree that the place of mailing of notices may be changed from time to timehowever all such changes of address must be in writing contained in a sealed envelope andhand delivered or sent fi st class mad with postage prepaid to the addressee designated herein

Subsection 1306 BindirngEffect

This Agreement shall be binding upon and inure to the benefit of its heirs administratorsrepresentatives and successors in interest of the parties hereto This lease supersedes anyprior lease upon the subject premises executed by the parties or their successors in interest




Any waiver by the LESSOR of any breach of any covenant herein contained to be keptand performed by the LESSEE shall not be deemed or considered as a continuing waiver andshall not operate to bar or prevent the LESSOR from declaring a forfeiture for any succeedingbreach ether of the same condition or covenant or otherwise

11

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Josephine Iornty Airport Site Lease For Private Hangar Truroy Properties Inc Page 7 of 8


LESSOR LESSEE

JOSEPHINE COUNTY TRUROY PROPERTIES INCBOARD OF COMMISSIONERS

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S Cassanelli Chair

X fit rSf Dat

Simon G Hare Vice Lhair

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Date

APPROVED AS TO FORM

County Legal Counsel

Josephine Co inty Airport Site Lease For Private Hangar Truroy Properties Inc Page 8 of 8

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JOSEPHINE COUNTY AIRPORTSITE LEASE FOR PRIVATE HANGAR


Daniel E Linstad

PO Box 1013

Merlin OR 97532Phone 541 4794974










LESSEE further agrees to abide by and comply with all rules and regulations of LESSOR andwith all federal state and local laws and ordinances and all the rules and regulations of theState and Federal Aviation Administration now in existence or as subsequently amended


LESSOR hereby leases to LESSEE and LESSEE hereby agrees to lease from LESSOR thereal property depicted in Exhibit A attached hereto and made a part hereof The real propertysubject to the lease herein is commonly known as Space 87



Josephine County Airport Site Lease For Private Hangar Linstad 87 Page 1 of 8








The term of this Agreement shall commence on the 1st day of January 2010 andcontinue until December 31 2019 unless earlier terminated as otherwise provided herein


If any payment is not received by the LESSOR by January 2nd of each calendar yearLESSEE shall pay LESSOR an administrative charge of nine 9 percent of the payment duein addition to any rent payments then due Said charge shall be considered part of rentPayments not received in full within thirty 30 days of the due date shall at LESSORsdiscretion constitute a breach of this Agreement and LESSOR shall have the right to terminatethis Agreement







The lease hereunder will remain in full force and effect and LESSEE must comply withall terms and conditions hereof unless and until the buyer of the improvements described inSubsection 402 below executes a new lease of the subject real property with LESSOR Uponthe execution of such a new lease the lease herein is terminated and the obligations andresponsibilities between LESSOR and LESSEE named herein are terminated



SECTION 500 LIABILITY INISURANCETAXESINDEMNIFICATION


At alp times during the term hereof the LESSEE will at the LESSEEs own expensekeep in effect and deliver to the LESSOR liability insurance policies in form and with an insurersatisfactory to the LESSOR Such policies shall insure both the LESSOR and the LESSEEagainst all Lability for damage to persons or property in upon or about the premises The

amount of such insurance shall be not less that 100000 for injury to one person not less than500000 fc injuries to all persons arising out of any single incident and not less than 100000for damage to property or a combined single limit of not less than 500000 It shall be the

responsibility of LESSEE to purchase casualty insurance with extended coverage so as toinsure any structure on the premises against damage caused by fire or the effects of firesmoke neat means of extinguishment etc or any other means of loss It shall be the

responsibility of the LESSEE to insure all of the LESSEEs belongings upon the premises ofwhatsoever nature against the same With respect to these policies LESSEE shall cause theLESSOR o be named as an additional insured party



It is fJrther understood that LESSOR reserves the right in the future as the law andcircumstances are subject to change to require an increase in said bodily injury and propertydamage insurance limits




Notwithstanding anything herein to the contrary LESSEEsuse of the subject premisesshall not result in any cost or expense to LESSOR whatsoever and LESSEE shall save holdharmless and indemnify LESSOR from any such cost or expense

LESSEE agrees to and shall indemnify and hold LESSOR harmless against any and allclaims ano demands arising from the negligence of the LESSEE LESSEEs officers agentsinvitees andior employees as well as those arising from LESSEEsfailure to comply with anycovenant of this lease on LESSEEspart to be performed and shall at LESSEEsown expensedefend the LESSOR against any and all suits or actions arising out of such negligence actual oralleged and all appeals therefrom and shall satisfy and discharge any judgment which may beawarded against LESSOR in any such suit or action


LESSOR shall be responsible for all maintenance of airport common ground with the exceptionof the exterior ground three 3 feed wide immediately surrounding the building LESSEE shall

maintain the exterior of the hangar including paint and keep the grass and brush cut on thosethree feet of ground surrounding the building LESSEE shall be responsible for the installationand structural maintenance of the asphalt apron from the building to taxi lane interior groundwater electricity and sewer charges and garbage collection charges used on or incurredanywhere in or about the leased premises and LESSEE shall pay said charges made by thesuppliers thereof promptly when due The LESSEE shall remove from the airport and otherwisedispose of in an approved manner all garbage debris and other waste material whether solidor liquid arising out of LESSEEs occupancy of the premises The LESSEE shall keep andmaintain the leased premises in a neat and orderly manner LESSEE may not store or depositmaterial containers or any other item of any description in any area surrounding the hangarnor permit or give permission to any other party to store or deposit any such items Any itemsstored or deposited in violation of this provision may be removed and disposed of by LESSORor LESSORsagents at LESSEEsexpense



Josephine Cointy Airport Site Lease For Private Hangar Linstad 87 Page 4 of 8


This lease shall be subordinate to the provisions of any existing or future agreement betweenJosephine County and the United States relative to the operation and maintenance of theAirport the execution of which has been or may be required as a condition precedent to thereceipt and expenditure of federal funds for the development of the Airport properties





agrees to hold harmless indemnify and defend the LESSOR from and against any claimdemand penalty fee lien damage loss expense or liability resulting from i any breach of therepresentations or warranties made by it in this paragraph including attorneysfees and costs ofor in preparation for any administrative or judicial proceeding or appeal review and ii thecontamination by Hazardous Substances of the leased premises or any other properties directlyor indirectly resulting from any activities of or associated with the use of the leased premisesAs used herein the term Hazardous Substances shall mean any hazardous toxic ordangerous substance waste or material that is or may become regulated under any federalstate or local statute ordinance rule regulation or other law now or hereafter in effectpertaining to environmental protection contamination or cleanup including without limitationthe Comprehensive Environmental Response Compensation and Liability Act 42 USC9601 et seq the Resource Conservation and Recovery Act 42 USC 6901 et seq theFederal Water Pollution Control Act 33 USC 1257 et seq and per the Clean Air Act 42USC 2001 et seq and amendments thereto






liquids anc materials on airport property


This agreement is personal to the LESSEE and no assignment or subletting is permitted in thisagreemenr Nn whole or it part without the express written consent of LESSOR

Josephine Cpinty Airport Site Lease For Private Hangar Linstad 87 Page 5 of 8

SECTION 12 00 DEFAULT




Plans for all hangars to be constructed on the leased property must be approved by theJosephine County Building Safety Department before construction is begun Commerciallyconstructed individual hangars and structures constructed on the site will be permitted providedthey comply with the specifications approved by the Airport Director as defined within the rulesand regulations for construction of private hangars and buildings on leased land at the Airportand meet the requirements of the E3uilding Safety Department Construction must be initiated



The LESSEE during the construction of any improvement upon the leased premisesshall secure a waiver of liens as to all materialmen laborers or suppliers furnishing or supplyingmaterials or labor for the construction of said hangar Said lien waivers shall be furnished to theAirport Director prior to any deliveries being made upon said premises and prior to any work orlabor being performed It shall be the obligation of each individual LESSEE to secure the lienwaivers prior to the permitting of any labor materials or any construction by any persons firmsor any corporations











TO LESSOR TO LESSEE

Josephine County Dept of Airports Daniel E Linstad

1441 Brookside Blvd PO Box 1013

Grants Pass OR 97526 Merlin OR 97532


Subsection 1306 Binding Effect

This Agreement shall be binding upon and inure to the benefit of its heirs administratorsrepresentatives and successors in interest of the parties hereto This lease supersedes any

prior lease upon the subject premises executed by the parties or their successors in interest





1

Josephine C Linty Airport Sipe Lease For Private Hangar Linstad 87 Page 7 of 8


LESSOR LESSEE

JOSEPHINE COUNTY 11BOARD OF COMMISSIONERS

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zaugeitucxEmpoaa Daniel E Linstad

S Cassanelli Chairce i 2o JO

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01531XilaiNVOUNVIONAWDwight F Ellis Commissioner

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Continued from Page 1PAGE 2

BEFORE THE BOARD OF COUNTY COMMISSIONERS FOR JOSEPHINE COUNTYSTATE OF OREGON

In the Matter of Authorization of

Execution of Lease Agreement with ORDER NO 2011 004

Roy Leon dba The Good EarthOrganics for Lease of CountyProperty at the Illinois Valley Airport

WHEREAS ORS 271360 requires that every lease entered into by JosephineCounty of its real property pursuant to ORS 271310 shall be authorized by order of thegoverning body executing the lease

NOW THEREFORE IT IS HEREBY ORDERED that the Board of CountyCommissioners for Josephine County authorizes the execution of a lease agreement acopy of which is attached hereto as Exhibit 1 with Lessee Roy Leon dba The Good EarthOrganics for lease of county property at the Illinois Valley Airport

DONE AND DATED this day of January 2011

JOSEPHINE COUNTY

BOARD OF COMMISSIONERS

S Cassanelli Chair



ORDER NO 2011 004

ILLINOIS VALLEY AIRPORT

SITE LEASE AGREEMENT

THIS LEASE is entered into this day of 2010 by andbetween JOSEPHINE COUNTY a political subdivision of the State of Oregon hereinafter calledthe LESSOR and RCY LEON dba THE GOOD EARTH ORGANICS hereinafter called theLESSEE

WITNESSETH

In consideration of the covenants herein the LESSOR as owner of the Illinois Valley AirportJosephine County Oregon hereby leases unto the LESSEE the following real property hereinaftercalled the Premises

The real property described and depicted in Exhibit 1 attached hereto and made a parthereof which real property is an approximately one 1 acre parcel adjacent to LESSEEsreal property commonly known as Tax Lot 600 40080820600 in the northeast corner ofthe Illinois Valley Airport Josephine County Oregon

In consideration of the leasing of the Premises and of the mutual agreements herein contained theparties agree as follows

1 LESSEESACCEPTANCE OF LEASE The LESSEE accepts this letting and agrees to payto the order of the LESSOR the rentals stated herein for the full term of this lease at the times andin the manner stated by the terms of this Agreement

2 TERM This Agreement is for a term commencing on the 1st day of December 2010 andending at midnight on the 30th day of November 2011

3 CONSIDERATION

a Rental payments LESSEE agrees to pay LESSOR Three Hundred Sixty Threeand no100ths 36300 Dollars per month during the term of this agreement to theJosephine County Airports Manager 1441 Brookside Blvd Grants Pass OR97526

b Penalties If any payment is not paid to the LESSOR by the tenth 10th day of eachmonth LESSEE shall pay LESSOR a late fee charge of nine 9 percent of therental payment The LESSOR will send no notices of rental payments to theLESSEE

c Security Deposit LESSEE will pay a refundable security deposit in the amount of10000 upon signing this Agreement Such security deposit shall be returned to theLESSEE when this Agreement is terminated and the LESSOR has determined byinspection that the Premises are in good repair less normal wear and tear Anyinordinate wear and tear or damage caused by the LESSEE on the Premises shallbe repaired using the security deposit Monies remaining after such repairs if anyshall be returned to the LESSEE If the costs of repair exceed the security depositthe LESSEEE shall be liable for the additional expenses

4 MINIMUM STANDARDS AND RULES AND REGULATIONS It is expressly understood and

LEASE AGREEMENT LEON Roy The Good Earth OrganicsPage 1 of 7

agreed between the parties that in addition to the terms covenants and conditions of theAgreement the parties are further subject to and will fully comply with all terms covenants andconditions contained within the Minimum Standards for Fixed Base Operators and Airport Tenantsat the Illinois Valley Airport adopted by the Board of County Commissioners as Order No 9868dated November 10 1998 which is incorporated herein by reference and the Josephine CountyAirports Policy Operational Guidance Rules and Regulations now in existence or as subsequentlyamended Any further changes of the Minimum Standards or the Rules and Regulations shall bedeemed incorporated into this Lease

5 OPTION TO RENEW If the LESSEE is not in default hereunder upon the termination of the

original term thereof LESSEE shall have the option to renew for an additional one 1 year period bygiving the LESSOR written notice of its intent to renew not less than thirty 30 days prior to thetermination date The one 1 year option to renew shall be subject to negotiation as to monthlyrental amount

6 TAXES LESSEE shall assume and pay all taxes and assessments that may be due on anyimprovements located on the leased property including the personal property used by the LESSEEin its operation

7 UTILITIES LESSEE shall pay for all heat light water power phone garbage and otherservices or utilities used on the Premises during the term of this agreement

8 TERMINATION LESSOR may terminate this lease by providing one hundred eighty 180days written notice to LESSEE in the event the LESSOR determines that the leased Premises isneeded for an aeronautical activity involved with or required for the operation of aircraft or whichcontributes to or is required for the safety of such operations

9 DEFAULTREMEDIES ON DEFAULT

a Default In the event that LESSEE fails to comply with the terms and provisions ofthis Lease Agreement or fails to comply with any reasonable request or direction ofthe LESSOR arising out of the terms and provisions of this Lease Agreement thenthe said LESSEE shall be deemed in default of this Agreement If said default

continues for more than thirty 30 days after notice of same to LESSEE LESSORmay terminate this Lease Agreement

b Remedies on Default

1 Termination Except as set forth aforesaid in the event of a default thisAgreement may be terminated at the option of the LESSOR thirty 30 daysafter written notice by LESSOR specifying the nature of the default withreasonable specificity Whether or not this Agreement is terminated by theelection of the LESSOR or otherwise the LESSOR shall be entitled torecover damages from LESSEE for the default and the LESSOR mayreenter take possession of the Premises at the end of the thirty 30 daysand remove any persons or property by legal action or by selfhelp with theuse of reasonable force and without liability for damages and without havingaccepted a surrender

2 Damages Iri the event of termination or retaking of possession followingdefault LESSOR shall be entitled to recover immediately without waitinguntil the due date of any future rent or until the date fixed for expiration of the

LEASE AGREEMENT LEON Roy The Good Earth OrganicsPage 2of7

Lease term the following amounts as damages

i The loss of rental from the date of default until a new lease is or with theexercise of reasonable efforts could have been secured and paying out

ii The reasonable costs of reentry and reletting including without limitationthe cost of any cleanup refurbishing removal of LESSEESproperty or anyother expenses occasioned by LESSEESdefault including but not limited toany repair costs attorneysfees and court costs

10 USE OF PREMISES

a Use The LESSEE shall use the Premises exclusively for storage of organicgardening supplies used by LESSEE in LESSEEsbusiness No other use of thePremises is permitted LESSEE shall not have the right to access or use commonareas of the Airport including runways taxiways aprons roadways floodlightslanding lights signals and other conveniences LESSEE shall not use the Premisesfor any purpose not authorized herein and by the Minimum Standards referenced inparagraph 4 herein

The LESSEE shall regularly occupy and use the Premises for the conduct ofLESSEEsbusiness and shall not abandon or vacate the Premises for more thanten 10 days without written approval of LESSOR

The LESSEE will not make any unlawful improper or offensive use of the Premisesthe LESSEE will not suffer any strip or waste thereof the LESSEE will not permit anyobjectionable noise or odor to escape or to be emitted from the Premises or doanything or permit anything to be done upon or about the Premises in any waytending to create a nuisance the LESSEE will not sell or permit to be sold anyproduct substance or service upon or about the Premises excepting such asLESSEE may be licensed by law to sell and as may be herein expressly permitted

b Repairs and Improvements LESSEE agrees to maintain and keep the Premisesin good order and repair LESSEE shall provide at LESSEEs sole expense allroutine maintenance due to LESSEEsusual and customary use of the Premises ina manner acceptable to the LESSOR

LESSEE shall obtain the written approval of LESSOR before undertaking any repairrenovation or addition that replaces any fixture or appliance or that alters the

appearance of the building or that will result in any structural change regardless howsmall

LESSEE shall at all times maintain the buildings fixtures and Premises in a safeattractive and suitable condition that is acceptable to LESSOR

LESSOR shall have the right to enter upon the Premises to determine whethermaintenance repair or renovation work is required and shall have the right toperform such work in the event LESSOR at LESSORssole discretion determines itto be necessary

c Maintenance The LESSEE will not allow the Premises at any time to fall in to sucha state of repair or disorder as to increase the fire hazard thereon the LESSEE willnot install any power machinery on the Premises except under the supervision and


with written consent of the LESSOR

LESSEE shall remove from the airport and otherwise dispose of in an approvedmanner all garbage debris and other waste materials whether solid or liquidarising out of LESSEEsoccupancy of the Premises

d Hazardous Materials The LESSEE shall comply at LESSEEsown expense withall laws and regulations of any municipal county state federal or other publicauthority respecting the use of the Premises These include without limitation alllaws regulations and ordinances pertaining to air and water quality HazardousMaterials as herein defined waste disposal air emissions and other environmentalmatters As used herein Hazardous Material means any hazardous or toxicsubstance material or waste including but not limited to those substancesmaterials and waste listed in the US Department of Transportation HazardousMaterials Table or by the US Environmental Protection Agency as hazardoussubstances and amendments thereto petroleum products or such othersubstances materials and waste that are or become regulated under any applicablelocal state or federal law LESSEE further agrees to comply with the pertinent rulesset forth by the state local Fire Marshal and county including the Airport MinimumStandards and Rules and Regulations The Fire Marshal has the right to enter thePremises to determine compliance with the fire prevention code

11 LESSORSRIGHT OF ENTRY It shall be lawful for the LESSOR the LESSORsagents andrepresentatives at any reasonable time to enter into or upon the Premises for the purpose ofexamining nto the condition thereof or for any other lawful purpose upon twentyfour 24 hoursprior notice tc LESSEE or LESSEESagents

12 PROTECTION OF THE AIRPORTSIMAGINARY SURFACES LESSOR shall have theright to take any action it considers necessary to protect the airportsimaginary surfaces as definedby Federal Aviation Regulations Part 77 and Oregon Administrative Rules against obstructions

13 SUBORDINATION The interest of LESSEE in this Lease shall further be subordinate to theright of the LESSOR during time of war or other national emergency to lease all areas necessary tothe United States Government for military or naval use and if such lease is made the provisions ofthis Lease shall be suspended The interest of LESSEE in this Lease shall further be subordinate toany rights to access to the buildings reserved by patent dated May 13 1987 to the United StatesGovernment and its assigns

14 RIGHT OF ASSIGNMENT The LESSEE will not assign transfer pledge hypothecatesurrender or dispose of this Lease or any interest herein sublet or permit any other person orpersons whomsoever to occupy the Premises without the written consent of the LESSOR being firstobtained in writing such consent not to be unreasonably withheld This Lease is personal toLESSEE LESSEEsinterests in whole or in part cannot be sold assigned transferred seized ortaken by operation at law or under or by virtue of any execution of legal process attachment orproceedings instituted against the LESSEE or under or by virtue of any bankruptcy or insolvencyproceedings had in regard to the LESSEE

15 LIENS The LESSEE will not permit any lien of any kind type or description to be placed orimposed upon the improvements in which the Premises are situated or any part thereof or the landon which they stand


16 LIABILITY INSURANCEINDEMNIFCATION

a Liability Insurance At all times during the term hereof the LESSEE will at theLESSEEsown expense keep in effect and deliver to the LESSOR liability insurancepolicies in form and with an insurer satisfactory to the LESSOR authorized to dobusiness in the State of Oregon Such policies shall insure both the LESSOR andthe LESSEE against all liability for damage to persons or property in upon or aboutthe Premises The amount of such insurance shall be not less that 1 million for

injury to one person not less than 1 million for injuries to all persons arising out ofany single incident and not less than 1 million for damage to property or acombined single limit of not less than 1 million It shall be the responsibility ofLESSEE to purchase casualty insurance with extended coverage so as to insure anystructure on the Premises against damage caused by fire or the effects of firesmoke heat means of extinguishment etc or any other means of loss Withrespect to these policies LESSEE shall cause JOSEPHINE COUNTY OREGON tobe named as an additional insured party

Failure to keep required insurance in effect or failure to provide proof upon requestby LESSOR of continuance of such insurance is a default and grounds fortermination of this Agreement as herein set forth

b Indemnification LESSEE agrees to and shall indemnify and hold LESSORharmless against any and all claims and demands arising from the negligence of theLESSEE LESSEEsofficers agents invitees andor employees as well as thosearising from LESSEEs failure to comply with any covenant of this lease onLESSEEspart to be performed and shall at LESSEEsown expense defend theLESSOR against any and all suits or actions arising out of such negligence actual oralleged and all appeals therefrom and shall satisfy and discharge any judgmentwhich may be awarded against LESSOR in any such suit or action

The documents showing current insurance and endorsements must be current andon file with the Josephine County Risk Manager and the Airports Director

17 DAMAGE BY CASUALTY FIRE AND DUTY TO REPAIR In the event of the destruction ofthe improvements in which the Premises are located by fire or other casualty either party heretomay terminate this lease as of the date of fire or casualty provided however that in the event ofdamage to the improvements by fire or other casualty to the extent of fifty 50 percent or more ofthe sound value thereof the LESSOR may or may not elect to repair the same written notice ofLESSORsejection shall be given LESSEE within fifteen days after the occurrence of the damage ifnotice is not so given LESSOR conclusively shall be deemed to have elected not to repair in theevent LESSOR elects not to repair then and in that event this lease shall terminate with the date ofthe damage but if the improvements in which the Premises are located be but partially destroyedand the damage so occasioned shall not amount to the extent indicated above or if greater thansaid extent and LESSOR elects to repair as aforesaid then the LESSOR shall repair the same withall convenient speed and shall have the right to take possession of and occupy to the exclusion ofthe LESSEE all or any part thereof in order to make the necessary repairs and the LESSEE herebyagrees to vacate upon request all or any part thereof which the LESSOR may require for thepurpose of making necessary repairs and for the period of time between the day of such damageand until such repairs have been substantially completed there shall be such an abatement of rentas the nature of the injury or damage and its interference with the occupancy of the Premises by theLESSEE shall warrant however if the Premises be but slightly injured and the damage sooccasioned shall not cause any material interference with the occupation of the Premises byLESSEE then there shall be no abatement of rent and the LESSOR shall repair the damage with all

LEASE AGREEMENT LEON Roy The Good Earth OrganicsPage 5of7

convenient speed

18 EMINENT DOMAIN In case of the condemnation or purchases of all or any substantial partof the Premises by any public or private corporation with the power of condemnation this lease maybe terminated effective on the date possession is taken by either party hereto on written notice tothe other and in that case the LESSEE shall not be liable for any rent after the termination dateLESSEE shall not be entitled to and hereby expressly waives any right to any part of thecondemnation award to purchase price

19 DELIVERING UP PREMISES ON TERMINATION At the expiration of the lease term orupon any sooner termination thereof the LESSEE will quit and deliver up the Premises to theLESSOR or those having LESSORsestate in the Premises peaceably quietly and in as goodorder and condition reasonable use and wear thereof damage by fire unavoidable casualty and theelements alone excepted as the same are now in or hereafter may be put in by the LESSOR

20 HOLDING OVER In the event the LESSEE for any reason shall hold over after theexpiration of this lease such holding over shall not be deemed to operate as a renewal or extensionof this lease but shall only create a tenancy at sufferance which may be terminated at will at anytime by the LESSOR

21 ATTORNEY FEES AND COURT COSTS In case suit or action is instituted to enforcecompliance with any of the terms covenants or conditions of this lease or to collect the rental whichmay become due hereunder or any portion thereof the losing party agrees to pay the prevailingpartys reasonable attorney fees incurred throughout such proceeding including at trial on appealand for postjudgment collection The LESSEE agrees to pay and discharge all LESSORscostsand expenses including LESSORsreasonable attorneysfees that shall arise from enforcing anyprovision or covenants of this lease even though no suit or action is instituted

Shcouid the LESSEE be or become the debtor in any bankruptcy proceeding voluntarily orotherwise ether during the period this lease is in effect or while there exists any outstandingobligation of the LESSEE created by this lease in favor of the LESSOR the LESSEE agrees to paythe LESSORsreasonable attorney fees and costs which the LESSOR may incur as the result ofLESSORs participation in such bankruptcy proceedings It is understood and agreed by both

parties that applicable federal bankruptcy law or rules of procedure may affect alter reduce ornullify the attorney fee and cost awards mentioned in the preceding sentence

22 WAIVER Any waiver by the LESSOR of any breach of any covenant herein contained to bekept and performed by the LESSEE shall not be deemed or considered as a continuing waiver andshall not operate to bar or prevent the LESSOR from declaring a forfeiture for any succeedingbreach either of the same condition or covenant or otherwise

23 NOTICES Any notice required by the terms of this lease to be given by one party hereto tothe other or desired so to be given shall be sufficient if in writing contained in a sealed envelopeand sent first class mail with postage fully prepaid as follows

TO LESSOR TO LESSEE

Josephine County Dept of Airports Roy Leon1441 Brookside Blvd The Good Earth OrganicsGrants Pass OR 97526 103 Taurus Lane

Cave Junction OR 97523

Any such notice shall be deemed to have been delivered to the addressee fortyeight hours after thedeposit thereof in the US Mail The parties agree that the place of mailing of notices may be


changed from time to time however all such changes of address must be in writing and deliveredby certified mail to the person receiving the same

IN WITNESS WHEREOF the parties have executed this lease on the day and year firsthereinabove written any corporation signature being by authority of its Board of Directors

LESSEE LESSOR

ROY LEON cba JOSEPHINE COUNTY

THED EARTH ORGANICS BOARD OF COMMISSIONERS

n 7Roy Leon

S Cassanelli Chair

Date


MOTOMMOCZNOCRODOPOPTDwight F Ellis Commissioner

Date

Approved as to form

1127 i1Steven E Rich Date



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At

oft Josephine County OregonJOHN HARELSON TREASURER

TAX COLLECTOR

00 0441e Josephine County Courthouse Rm 70o f 500 NW 6 Street Dept 14

Grants Pass OR 97526

541 4745235FAX 541 474 5176

E mai treasurercaTDD 8007352900

January 10 2011

Josephine County Board of CommissionersSandi Cassanelli Chair

Courthouse

Grants Pass Oregon

Re Request to Board Order Refund of Overpayment of Property Taxes

Dear Madam and Sirs

Attached is Beard Order refunding overpaid property taxes

Facts

Pacific L ithotripsv Services LLC paid the 2010 property taxes due on account P1426471466788

Umpqua Bank Leasing also paid1466788 on this same account

We have corresponded with both parties and we have written acknowledgement that therefund should go to the Owner of Record Umpqua Bank Leasing

No intereit is paid on this type of refund and there is no fiscal impact on JosephineCounty

This order is a ministerial act required by ORS 3118061fORS attached to memo

Thank you for your consideration and action

Sincerely

John Harelson CPA

Josephine County Treasurer

BEFORE THE BOARD OF COUNTY COMMISSIONERSFOR JOSEPHINE COUNTY

STATE OF OREGON

IN THE MV1 ER OF REFUNDING

TAXES PA 1 ON REAI PROPERTY ORDER NO 2011 00OVER THE AMOIJNI OF 10000

WIIREAS the following property owners or taxpayers overpaid real property taxes in thearnounts listed due to a duplicate payment of taxes

Propel ty Owner or Taxpayer Tax Account Number Amount

Umpqua Bank Leasing P142647 1466788

WHEREAS pursuant to ORS 3118061fthe Board of County Commissioners ofJosephine unty shall refund taxes on real property collected by the Josephine County TaxCollector pursuant to a levy of the Assessor whenever taxes are paid in excess of the amount legallychargeable h2reon

NOW hI IEREF Rt 1I IS HEREBY ORDERED that pursuant to ORS 31 1806Josephine c unto shall refund property taxes to the following property owners or taxpayers asWows

Umpdua Bank Leasing tax account number P142647 in the amount of1466788 for theyear 20102011

IT IS FURTHER ORDERED that the Josephine County Clerk provide a certified copy ofthisOrder to the losephine County Tax Collector to make necessary correcting entries in the records ofthe office of the Fax Collector

Dane and Dated this day of 2011

JOSEPHINE COUNTY

BOARD OF COUNTY COMMISSIONERS

S Cassanelli Chair



s TaxAL R FUNDS Boarc Orders Umpqua leasing 111doc

REFUNDS

3117106 Refund of taxes on real and personal property 1 Subject to subsection 2 of this sectionthe county governing body shall refund out of the refund reserve account provided in ORS 31 1807 or theunsegregated tax collections account provided in ORS 31 1385 taxes on property collected by an assessoror tax collector pursuant to a levy of the assessor or of any taxing district or tax levying body or pursuant toORS 3 255 plus interest as provided in ORS 31 1812 in the following cases

a i o the person described in ORS 309100 1 and in whose name a petition was filed whenever achange in the value of property is ordered by a county board of property tax appeals and no appeal is takenor can be taken from the hoards order or whenever ordered by the Oregon Tax Court or the SupremeCourt and the order constitutes a final determination of the matter

b 1 o the person who has sought and obtained an order from the Department of Revenue under ORS30611 5 v henever a change in the value of property is ordered by the department and no appeal is taken orcan be taken from the order of the department

c To the person who meets the criteria described in ORS 305275 and in whose name an appeal istiled uncle ORS 30527S whenever ordered by the Oregon Tax Court or Supreme Court and the orderconstitutes a final determination of the matter

d Whenever a chance in the value of property is made under ORS 309115 upon resolution of anappeal and no Separate appeal of the value of the property was taken for the year of the change

A TO the person in whose name the appeal was filed for each year after the year for which the appealwas filed in which that person was listed as the owner or an owner or the person in whose name theproperty gas assessed and

B1 T the owner of record on the tax roll at the time of refund each year thereaftere Tee the owner of record on the tax roll at the time of refund whenever taxes are collected against real

or personal property not within the jurisdiction of the tax levying bodyflxept as provided in ORS 310143 to the owner of record on the tax roll at the time of refund

whenever through exec sable neglect or through an error subject to correction under ORS 311205 taxes onproperty are paid in excess of the amount legally chargeable limited to the amount of money collected inexcess l the amount actually due or

g E cept as provided in ORS 31 808 to the payer of the tax whenever any person pays taxes on theproperty of another by mistake of am kind

2 ra Except as provided in paragraphs b and c of this subsection a refund of taxes may not beallowed yr made after six years from the assessment date for the tax year for which the taxes werecollected A refund under this subsection may be paid only to the extent that a refund under subsection 4of this ection has not been paid

h A refund of taxes may he allowed or made under subsection 10or g of this section after theperiod described in parrgraph a of this subsection if before the expiration of the period a written claimfor refund of the taxes is filed by the taxpayer with the county governing body

c The county governing body shall order a refund of taxes to be paid as specified in subsection 1 ofthis sec tip n without the filing of a written claim and without regard to the period specified under paragrapha of this subsection upon receipt of a copy of an order by the Department of Revenue the Oregon TaxCourt or the Supreme Court that constitutes a final determination that is not subject to appeal

3 a Upon request of the owner or an owner of any taxable property or the person in whose name theproperty is assessed or the owner of record on the tax roll at the time of refund whichever is applicableand w ith the approval of the tax collector the county governing body may authorize refunds payable undersubsection 1 a to e of this section to be made by crediting the total tax liability account of the requester

ith the amount of the refund The total tax liability account is the total amount of tax that has beenextended or charged against a particular property tax account as limited by section 1 1 b Article XI of theOrego1Constitution

h 1n the case of a refund or credit payable to a single requester that results from an order constituting afinal determination of a matter as described under subsection 1 a h or c of this section a countygoverning body may elect to pay the refund or apply the credit in equal periodic installments over not morethan tlie liveyear period that begins on the date that the order is issued if the amount to be refunded orcredited exceeds the lesser of250000 or one quarter of one percent of the total amount of taxes onproperty imposed within the county within the limits of section 1 I b Article XI of the Oregon Constitutionas listed on the certificate last prepared under ORS 31 1105

c I f a ounty gmerning body elects to pay a refund or credit under the provisions of paragraph b ofthis subsection and the election will result in a hardship to a requester the requester may appeal theelection 10 the tax court as provided in ORS 305404 to 3055604r i 1 he tax collector shall refund taxes paid on a property value a claim For exemption or a claim for

cancellatio r of a property tax exemption ifA Acounty hoard of property tax appeals or the Oregon Tax Court issues a decision that could result

in a refund if the decision is upheld on appealB l he final resolution is pending further appeal andC hi county governing body orders a refund of taxes paid under this subsectionh An order by a county governing body or a recommendation of an assessor or tax collector in regard

to this subsection may nol be considered in determining matters in controversy on appeal includingproperty value or tax liability

cItterest may not be paid on any refund under this subsection prior to final resolution of the appealIf after tali ing into account the amount refunded under this subsection the final resolution of thecontrovrsy after appeal results in a refund due interest shall be determined and paid as provided in ORS31 181 2

d If Ifter taking into account the amount refunded under this subsection the final resolution of thecontrocrsv after appeal results in additional taxes due on the property the additional taxes shall be billedand collected as provided in ORS 31 1513

5 r Immediately upon payment of the refund and any interest thereon the tax collector shall make thenecessay correcting entries in the records of the office of the tax collector ORS 294305 to 294565 do notapply to n funds made out of the refund reserve account or the unsegregated tax collections account

6 1 efund is not required under this section for any tax year if the amount of the refund would be 10or less Arty amount not refunded under this subsection shall be distributed to taxing districts in the samemanner that other taxes are distributed

7 As used in this section owner of record on the tax roll at the lime of refund means the owner oran ow ncr of the property or the person in whose name the property is assessed on the tax roll last certifiedand dmhLred to the tax collector under ORS 311105 and 31 11 15 1959 c554 2 enacted in lieu of3I 1 81 1961 c533 til 1971 c737 3 1973 c347 1 1975 c395 3 1979 c702 1 1985 c162 101991 c459 260 1993 e6 3 1993 c270 60 1995 c650 71 1997 c541 295296 2003 c38 1 2005e394 1 2007 c 361

Property P142647 Josephine County Treasurer Office Account Summary Page 1 of 1Printed at 0504am 120610

Owner AddressUMPQUA BANK LEASIN 99792 Proprty P142647 01co DOOLING LEASE MAPAGEMENT CORP6400 SW COREETT AVE

PORTLAND OR 9723

INTEREST AND DISCOINS EASED 1N A PAYMENT DATE ON OR BEFORE 12152010

Fees Bills Refunds

ID Bill I Levied TEx Tax a id Interest Amount Paid Date Paid

1 200810241 545 3 645954 645954 0515092 200910154 109747 1097407 13965 1111372 061510

ID BilO I1 Levied Tcx Tax Paid Interest Amount Paid Date Paid3 Current Tae for bill 201010189 Levied tax of 15 121 53

13 Nov 15 5 040 1 5 04051 5 C4051 10281023 Feb IE 1040 483889 20162 483889 10281033 May 16 5040 1 478848 25203 478848 102810

Tota1 Pa 0 146E788 45365 1466788

Re ands de on thi Property RecordID Refund f ayee Namur Ref Code Overage Ref lnt Refund Due

4 20101184 JOCKPDX LB 1466788 000 1466788

NE taxs are due on this property

7110CL10C Pm

Ikrn Qt u

G Scinr RAD

JOSEPHINE COUNTY OREGON1 Board of Commissioners S Cassenelli Simon Haze Dwight Ellis

u COMMUNITY CORRECTIONSAbe Huntley Director

Community Corrections510 NW 4 Street Grants Pass OR 97526

5414745165 Fax 541 4745171

imammimur

AGENDA DATE January 13 2011

MEMO TO Board of County Commissioners

FROM Abe Huntley Community Corrections Director

SUBJECT Grant Award Agreement Amendment for Measure 57 DrugCourtEdward Byrne Memorial Justice Assistance Grant

In November 2009 Community Corrections was successful in obtaining an Edward ByrneMemorial Justice Assistance Grant JAG through the Criminal Justice CommissionCJC Theapplication was a coordinated effort between Community Corrections Choices CounselingCenter and the Oregon Judicial Department Josephine County Circuit Court and providesfunding for intensive drug court treatment to qualifying Measure 57 offenders

The majority of the grant funds will be used for treatment of 15 M57eligible Drug Courtparticipants as provided by Choices Grant monies will also provide for a 25 full timeequivalent Drug Court Clerk for required data collection and reporting and barrier removal fundsthat can be used on behalf of the program participants

First year funding for the period of January 1 through September 30 2010 amounted to23877 It is now necessary to execute an Amendment to the original Grant Award Agreementfor the second year funding in the amount of61528 Except as amended all conditions of theoriginal agreement remain unchanged and Legal Counsel provided verbal approval onDecember 21

The grant does not require any matching funds and subsequent agreements will need to beexecuted between Choices and the Courts

Recommendation Authorize the Board to sign the Grant Award Agreement Amendmentbetween the Criminal Justice Commission and Josephine County for second year JAG fundingin the amount of61528

Attachment Grant Award Amendment

DEC 1 2010Criminal Justice Commission

Edward Byrne Memorial Justice Assistance Grant Program885 Summer Street NE

Salem OR 97301

AMENDMENT TO BRYNE JAG DRUG COURT GRANT

This is Amendment Number l to Contract M5701709JAG Agreement between the State of Oregon by

and through the Crininal Justice Commission CJC and Josephine County Community CorrectionsGrantee

A The Agreement is hereby amended as follows new language is indicated by underlining deleted language isitalicized and bracketed

1 Measure 57 Intensive Drug Court Application 2 Year Renewal 2010 is attached Exhibit A

2 Page 1 of the Agreement to ead as follows

GRANT AWARD AGREEMENT

DATE 01012010 Yr 1 GRANT M57017 09JAGYr 2 GRANT M5717 10JAG

PROGRAM NAIV 1 Josephine County Drug Court

ADMINISTERING Josephine CountyAGENCY Community Corrections

GRANTEE Josephine County Yr 1 AWARD 23877

Community Corrections Yr 2 AWARD 61528

ADDRESS 510 NW 4 St AWARD PERIOD January 1 2010 throughGrants Pass Or 97526 September302010

September302011PROGRAM COf I ACT TELEPHONE 5414745165

Ahe Huntley EMAIL

FISCAL CONTCI Angela Brown TELEPHONE 541 4745165

EMAIL

1

BUDGET Year 1

REVENUE

CJC 7rint Funds 23877

TOTAL REVENUE 23877

EXPENDITURES

Personnel 17066Travel Tr inning 5811Other 1000

TOTAL EXPENDITURES 23877

2

BUDGET Year 2

REVENUE

IC Grant Funds 61528

TOTAL REVENUE 61528

EXPENDITU RES

Contractor 1 60519Other 1009


3

3 Section IB of hc Agreement to read as follows

Effective Date and Duration This Agreement shall become effective on the date this Agreementhas been fully executed by every party Unless extended or terminated earlier in accordance withits terms this Agreement shall terminate when CJC accepts Granteescompleted performance oron September 30 2010 2011 whichever date occurs last Agreement termination shall notextinguish or prejudice CJCs right to enforce this Agreement with respect to any default byGrantee that has not been cured

4 Section IIF l of the Agreement to read as follows

Progress Reports The Grantee agrees to submit a report each quarter on its progress in meetingeach of its agreed upon goals and objectives and comprehensive evaluation plan Progress reportsmust include data on performance measures as required by the Bureau of Justice AssistanceReports mmust be received no later than April 5 2010 July 5 2010 and October 5 2010Jarman 5 2011 April 5 2011 July 5 2011 and October 5 2011 Grantee shall submitannual and cumulative reports no later than one month following the end of each year Anyprogress report that is outstanding for more than one month past the due date may causethe suspension or termination of the grant Grantee must receive prior approval from CJC toextend a progress report requirement past its due date This reporting schedule may be adjustedby CJC or an as neededbasis

5 Section I112 a of the Agreement to read as follows

In order to receive reimbursement the Grantee agrees to submit to CJC a request forreimbursement which includes supporting documentation for all grant expenditures RFRsmust be received no later than April 30 2010 July 31 2010 and October 31 2010 January31 2011 April 30 2011 July 31 2011 and October 31 2011 Reimbursements for expenseswill be withheld if progress reports are not submitted by the specified dates or are incompleteAny RFR that is outstanding for more than one month past the due date may cause thesuspension or termination of the grant Grantee must receive prior approval from CJC toextend an RFR requirement past its due date

6 Section IIF2dof theA2reement to read as follows

Unlesathe Grantee elects an equal pay basis for the first year ofthe grant period in the firstRFR submitted by Grantee reimbursements will be made on an 11 per offender per day basisduring the grant period If Grantee elects an equal pay basis for the first year of the grantperiod CI will disburse no more than onefourth of the grant amount in response to each RFRCIC mai disburse Icss than one fourth of the grant amount in response to the RFR due onOctober 5 2010 ifneeded to result in disbursements that do not exceed 11 per offenderperday Payments will be made on a reimbursement basis and will only be made for actualexpenses incurred during the grant period The Grantee agrees that no grant funds may be usedfor expenses incurred before October 1 2009 or after September 30 2010 2011

4

B Except as expc amended above all other terms and conditions of original contract are still in full forceand effect Contractor certifies that the representations warranties and certifications contained in the originalContract are true and correct as of the effective date of this Amendment and with the same effect as though madeat the time of this Amendment

GRANTEE

By

Date

STATE OF OREGON by andthrough its Agency

ByTitle

Date

5

Measure 57 Intensive Drug Court Application 2nd Year Renewal 2010 EXHIBIT A

Organization Josephine Courry Community Corrections M57DC2010JCCC00014

Cover Sheet

Grant Program Measure 57 Intensive Drug Court Program

Program Title Josephine County Drug Court Program

Administering AgencyAddress Josephine County Community Corrections510 INW 4th Street

Grants Pass OR 97526Phone 5414745165

Fax 5414745171

Program Contact Angie Brown

Fiscal Contact Angie Brown

Program Abstract Josephine County Drug Court Program has been providing intensive supervisionservices sanctions and incentives to high and medium risk drug addictedoffenders for over 13 years

The signatory of this Application Cover Sheet is a duly authorized representative of the Applicant has beenauthorized by Applicant to make all representations attestations and certification contained in this RFA and allAddenda if any issued and to execute this Application document on behalf of Applicant By checking the box theundersigned Authorized Official herby certifies on behalf of Applicant that all contents of this Application CoverSheet and the submitted Application are truthful complete and accurate Failure to provide information requiredby the RFA may ultimately result in rejection of the Application

Administering Agency Josephine County Community Corrections

Authorized Official H Abe Huntley Date9202010

Federal Tax ID 936002300

DUNS

a Please identify how you will adhere to the 10 Key Components of Drug Courts See Appendix H andensure the incorporation of their specific practices identified in Appendix I into your drug courtprogram by answering the following questions

i Please provide an overview of the practices identified in Appendix I that are current elements of yourexisting drug court program and then describe how you will attempt to incorporate the remainingcomponents Measure 57 Program into your existing drug court program If any components fromAppendix I are excluded from your program please provide the reasoning for excluding themna

ii In reference to the Screening and Assessment Process Guidelines identified in Appendix J pleasedescribe how you will implement and incorporate them into your drug court program Be sure toaddress treatmentsupervision plans generated as a part of the assessment process and howindividual needs and responsivity factors will be addressed monitored and trackedna

iii Please describe the Treatment Components of your drug court program Be sure to include adetailed description of the random and fully observedna

iv Please describe the Intensive Supervision Component you will implement for the Measure 57Program participants and how it will be incorporated into your existing program Be sure to include

12022010 Page 1 of 6


Organization Josephine County Community Corrections M57DC2010JCCC00014

Proposed Program Narrative A

how the supervision will differ from your current drug court supervision practices Also describe howthe supervision will differ in intensity for medium risk offenders vs high risk offenders if at allna

v Please describe your proposal for addressing Measure 57 Drug Court participant behavior withSanctions and Incentives Be sure to include a detailed description of how the sanctions andincentives for the Measure 57 Program population will be incorporated into your current sanction andincentives guidelines and how they will differ in intensity for medium risk offenders vs high riskoffenders if at all For examples of written guidelines which are recommended see the CJCwebsite

na

vi Please describe Completion Requirements and Termination Guidelines for the Measure 57 Programparticipants If your existing drug court program has completion and termination guidelines be sureto address how they will differ for the Measure 57 Program participants if at allna

vii If Measure 57 Program participants will be integrated into an existing drug court program pleasedescribe how you will identify acknowledge assess and address the issues that may arise fromhaving two separate populations Measure 57 Program participants and current participants withtwo different sets of requirements within the same programna

viii Please address how you Will collect and measure data related to demographics assessmentobjectives and performance measures Please refer to Appendix K for further direction and a list ofperformance measures that will be requiredna

b Please identify evidence of collaboration in planning and implementationCollaboration is expected to be an important factor in the successful planning and implementation of a drug courtprogram Applicants should develop their proposals through a collaborative process that involves the agenciesorganizations in their communities that will be impacted by their proposed programs and must describe the nature andextent of this collaborative planning

Applicants are also expected to implement their proposed programs in a collaborative context and an applicant mustattach a Memorandum of Understanding as an appendix that dearly states the specific roles and responsibilities of eachentity involved

Eligible entities must receive letters of support from their Local Public Safety Coordinating Council LPSCC and LocalAlcohol and Drug Planning Council LADPC and include these as appendices to their applications Deadline extensionrequests for the letters are allowable Please be advised however that they must be received prior to award notificationsna

Memoranda http www cjcgrantscomUpload6581 MOUpdf

Letters of SupportIPSCC

Letters of Support ADPC

12022010 Page 2 of 6


Organization Josephine Count Community Corrections M57DC 2010JCCC00014

Proposed Program Narrative C

c Please identify evidence of staff competency

The professional preparation and experience of identified or planned staff must be described in relation to theknowledge and skills needed to work specifically with drug court participants utilizing evidencebased practices Allsubstance abuse treatment services must be delivered by Certified Alcohol and Drug Counselors CADC orother licensed staff with specialized training in addiction treatment All mental health treatment services mustalso be delivered by qualified staffno changes

d Please identify plan for program implementation

Applicants must describe their plans for program implementation including timelines for starting the program and gettingup to capacity Please differentiate whether the Measure 57 Program participants will be integrated into an existingprogram or notna

e Please identify plan for program monitoring data collection and measurement

Under the Government Performance and Results Act of 1993 GPRA Public Law 10362 applicants who receive fundingunder this RFP must provide data that measure the results of their work In addition applicants must discuss their datacollection methods in the application The required measures are detailed in Appendix KThe following are measures for awards made under the Recovery Act

1 Objective Recovery Act Preserving jobs

Performance Measures Number of jobs saved by type due to Recovery Act fundingData the grantee provides for 3month reporting period a How many jobs were prevented from being eliminated with the

Recovery Act funding during this reporting period b How many jobs that were eliminated within the last 12 months werereinstated with Recovery Act fundingDescription Plain language explanation of what exactly is being provided An unduplicated number of jobs that would

have been eliminated if not for the Recovery Act funding during the threemonth quarter Report this data for each positiononly once during the grant A job can include full time part time contractual or other employment relationship

2 Objective Recovery Act Creating lobs

Performance Measures Number of jobs created by type due to Recovery Act fundingData the grantee provides for 3month reporting period How many jobs were created with Recovery Act funding thisreporting period

Description Plain language explanation of what exactly is being provided An unduplicated number of jobs created dueto Recovery Act funding during the three month quarter Report this data for each position only once during the grant Ajob can include full time part time contractual or other employment relationship

The required measures are detailed in Appendix K

Application K httpwwworegongovCJCdocsAppendixKpdf

nA

f Please identify plan for program evaluation

Grantees may be required to participate in evaluation activities Grantees will be expected to provide data to the CJCincluding but not limited to the data elements captured within the Oregon Treatment Court Management SystemOTCMS for example State ID Number SID name date of birth recidivism risk level drug of choice assessed level of

treatment treatment attendance court attendance etc Programs not using OTCMS should provide an explanation ofwhy and provide a detailed description of an alternative data collection system that will collect the same data elements asdoes OTCMS CJC will accept quarterly reports of required data fields in either Microsoft Excel spreadsheets CommanSeparated Values csv files or delimited text files

CJC will conduct a random assignment evaluation of the Measure 57 Program in 3 to 5 counties CJC will select thecounties that will participate in the evaluation Selected counties will be expected to make staff and participants availableto participate in activities related to the evaluation ensure fidelity to the study design and will be responsible for increased

12022010Page 3 of 6


Organization Josephine County Community Corrections M57DC2010JCCC00014

Proposed Program Narrative F

reporting requirements To compensate participating counties CJC will augment the standard daily reimbursement rate byan additional 4day per offenderna

Include all costs which are tc be incurred as a result of a subaward or subcontract Grantee must include a Budget Summary forall subcontractors Prior to execution Agency must approve all agreements entered into pursuant to this award that exceed100000 Subaward made known at the time of Application may be considered approved if the activities are funded as proposedAll procurements must be made according to agency established procedures provided they minimally adhere to applicableFederal and State guidelines Solicitations of quotes from at least 3 sources are required for procurements between5000 and100000 Competitive bids must be used for procurement of contractual services over 100000 Sole source contracts requireadditional information and prix Agency approval Contractor rates in excess of 450 per 8hour day require additionaldocumentation and prior Agen y approval Check the appropriate column indicating type of award and use of hrsdays and

Cost per hrday as appropriate

Sub Award

Three Quotes

Competitive Bid

Sole Source

Consultant NameOrganizatroi Name Choices Counseling Center

Number of hours or days 2094 v Hours Days

Hourly or Daily Rate 2500

Program Cost 52350

Grant Request 52 350

Total Other Support 0

Contractual Consultant Services Narrative explain how the specific services to be provided relate to the program exclusively

Choices Counseling will provide intensive treatment services to measure 57 target populationInclude all costs which are to be incurred as a result of a subaward or subcontract Grantee must include a Budget Summary forall subcontractors Prior to execution Agency must approve all agreements entered into pursuant to this award that exceed100000 Subaward made known at the time of Application may be considered approved if the activities are funded as proposedAll procurements must be made according to agency established procedures provided they minimally adhere to applicableFederal and State guidelines Solicitations of quotes from at least 3 sources are required for procurements between 5000 and100000 Competitive bids rnust be used for procurement of contractual services over 100000 Sole source contracts requireadditional information and pr or Agency approval Contractor rates in excess of 450 per 8hour day require additionaldocumentation and prior Agency approval Check the appropriate column indicating type of award and use of hrsdays and

Cost per hrday as approprate

Sub Award

Three Quotes

Competitive Bid

Sole Source

Consultant NameOrganizat on Name Oregon Judicial Department Josephine CountyCircuit Court

Number of hours or days 520 v Hours Days

Hourly or Daily Rate 1571

Program Cost 58169

Grant Request 58169


12022010 Page 4 of 6


Organization Josephine Count Community Corrections M57DC2010JCCC00014

ContractualConsultant Services Oregon Judicial Department Josephine County Circu

Contractual Consultant Services Narrative explain how the specific services to be provided relate to the program exclusivelyOregon Judicial Department will provide 25 FTE treatment court clerk to track and report required data specific to targetpopulation

Itemize expenses that do no readily fit into any of the other budget categories such as direct client servicesCheck with theGrants Coordinator before including any other costs in this category

Description Barrier RemovalIncentive Funds

Units 1009

Cost 1000

Program Cost 1009

Grant Request 1009


Other Costs Narrative explain how these costs will benefit the program exclusivelyBarrier Removal Incentive F unds for M57 eligible participantsCurrent Year Proposed Budget

Grant Other Support Total

Personnel Salaries 0 0 0ContracturalConsultant Services 60519 0 60519Rent And Utilities 0 0 0

Supplies 0 0 0

TravelTrainingConferences 0 0 0

Equipment 0 0 0

Administration 0 0 0Evaluation 0 0 0Other Expenses 1009 0 1009Total 61528 0 61528

Project Title

Current Year Estimate for Other Support BreakdownSource na

Enter Amounts

Cash Earned Income InKind Total

0 0 0 0

Next Year Estimate

Grant Other Support Total

Personnel Salaries 0 0 0ContracturalConsultant Services 0 0 0Rent And Utilities 0 0 0

Supplies 0 0 0

TravelTrainingConferences 0 0 0

Equipment 0 0 0Administration

r

0 0 0Evaluation 0 0 0Other Expenses

i

0 0 0

12022010 Page 5 of 6


Organization Josephine County Community Corrections M57DC2010JCCC 00014

Budget Summary

Total 01 0 01

Next Year Estimate for Other Support Breakdown

Source na

Enter Amounts

Cash Earned Income InKind Total

0 0 0 0

12022010Page 6 of 6

MAY 7 2010

Criminal Justice CommissionEdward Byrne Memorial Justice Assistance Grant Program

885 Summer Street NE

Salem OR 97301

GRANT AWARD AGREEMENT

DALE 01012010 GRANT M5701709JAGPROGRAM NAME Josephine County Drug Court

ADMINISTERING Josephine CountyAGENCY Community Corrections

GRANTEE Josephine County TOTAL AWARD 23877

Community Corrections

ADDRESS 510 NW 4th St AWARD PERIOD January 1 2010 throughGrants Pass Or 97526 September 30 2010

PROGRAM CONTACT TELEPHONE 5414745165

Abe Huntley EMAIL

FISCAL CONTACT Angela Brown TELEPHONE 5414745165

EMAIL

BUDGET

REVENUE

CJC G ran Funds 23877

TOTAL REVENUE 23877

EXPENDITU RES

C17066

TravelTraining 5811Other 1000


VAR 17 2 i1i1

GRANT AWARD AGREEMENT PROVISIONS

Provisions of Award

A Ag7eement Parties Phis Intergovernmental Agreement hereafter referred to as Agreement is between theState of Oregon acting by and through its Department of Oregon Criminal Justice Commission hereaftercalled CJC and the forenamed Grantee

13 1 Effective Date and Duration This Agreement shall become effective on the date this Agreement hasbeen fully executed by every party Unless extended or terminated earlier in accordance with its terms thisAgreement shall terminate when CJC accepts Granteescompleted performance or on September 30 2010whichever date occurs last unless extended as provided in sectionI132 Agreement termination shall notextinguish or prejudice CJCs nght to enforce this Agreement with respect to any default by Grantee that hasnot peen cured

Renewals Agreement may be extended for successive one year or longer periods upon executionby the parties of one or more amendments to this Agreement The final termination date of all extensions shallbe no later than March 31 2013

C Grant Award and Performance Measures In accordance with the terms and conditions of this AgreementGrantee shall implement the Recovery Act Edward Byrne Memorial Justice Assistance Grant Program ARRAJAG as described in the Program Narrative and the Goals Outputs and Performance Measures of GranteesARRAJAG Grant Application the Program and accomplish Program activities and performance measuresas stipulated in the agreed upon progress report

D Agreement Documents This Agreement consists of the following documents and any other documentreferenced which are listed in descending order of precedence Exhibit C American Recovery andReinvestment Act of 2009 PubL1115 ARRA or Recovery Act clauses this Agreement Exhibit A GrantApplication Exhibit B Reimbursement Form Grant Management Handbook progress report MonitoringPolicy and Procedures Audit Certification Certification of EEO Compliance and Confidential FundsC erification as required

E Source of Fund Payment for the Program will be from the Federal Recovery Act Edward Byrne MemorialJustice Assistance Grant ARRAJAG funds CFDA 16803

F Niger Clause Waiy This Agreement and referenced documents constitute the entire Agreement betweenthe parties on the subject matter hereof There are no understandings agreements or representations oral orwritten not specified herein regarding this Agreement No waiver consent modification or change of termsof this Agreement shall bind all parties unless in writing and signed by both parties Such waiver consentmodification or change if made shall be effective only in the specific instance and for the specific purposegiven The failure of either party to enforce any provision of this Agreement shall not constitute a waiver byeither party of that or any other provision

TERMS AND CONDITIONS

II Conditions of Award

A he Grantee agrees to operate the Program as described in Granteesapplication and to expend funds only inaccordance with the approved budget unless the Grantee receives prior written approval by CJC to modify theProgram or budget Grantee agrees to cooperate with CJC to negotiate if necessary progress reportactivity goals and performance measures for the Grantee and any contractual services CJC maywithhold funds foi any expenditure not within the approved budget or in excess of amounts approved by CJCFailure of the Grantee to operate the Program in accordance with the written agreed upon objectives containedn the grant application progress report and budget will be grounds for immediate suspension or termination

both of the grant Agreement pursuant to Section IV of this Agreement

B Funds Available and Authorized Payments Grantee shall not be compensated for work performed under thisAgreement by any other agency or department of the State of Oregon CJC certifies that it has sufficient fundscurrently authorized for expenditure to finance costs of this Agreement within CJCs current biennial

2

appr ipnaaon or limitation Grantee understands and agrees that CCspayment of amounts under thisAgreement is contingent on CJC receiving appropriations limitations allotments or other expenditureauth irity sufficient to allow CJC in the exercise of its reasonable administrative discretion to continue to makepayments under this Agreement

C The Grantee agrees that all public statements referring to the Program must state that funds for this Programcome from the US Department of justice Office ofJustice Programs Bureau ofjustice Assistance and muststate the percent or dollar amount of federal funds used in the Program

D Lairitenance Retention and Access to Records Audits

Maintenance and Retention of Records The Grantee agrees to maintain accounting and financial recordsin accordance with Generally Accepted Accounting Principles GAAP and the standards of the Office ofthe Chief Financial Officer set forth in the most recent version of the Office ofJustice Programs OJPFinancial Guide including without limitation in accordance with Office of Management and BudgetOMB Circulars A87 A102 A1101122 A133 All financial records supporting documentsstatistical records and all other records pertinent to this grant or agreements under this grant shall beretained by the Grantee for a minimum of five years following termination or expiration of this Agreementfor purposes of State of Oregon or Federal examination and audit provided however that if there is anyaudit issue dispute claim or litigation relating to this Agreement or the Award Grantee shall retain andkeep accessible the books of account and records until the audit issue dispute claim or litigation has beenfinally concluded or resolved It is the responsibility of the Grantee to obtain a copy of the OJP FinancialGuide from the Office of the Chief Financial Officer available at

httpvamoipusdojpovfinancialpyide indexhtnt and apprise itself of all rules and regulations setforth

Access to Records CJC Oregon Secretary of State the Office of the Comptroller the GeneralAccounting Office GAO or any of their authorized representatives shall have the right of access toany pertinent books documents papers or other records of Grantee and any contractors orsubcontractors of Grantee which are pertinent to the grant in order to make audits examinationsexcerpts and transcripts The right of access is not limited to the required retention period but shall lastas long as the records are retained

Audits If Grantee expends 500000 or more in Federal funds from all sources in its fiscal yearGrantee shall have a single organizationwide audit conducted in accordance with the provisions ofOMB Circular A133 Copies of all audits must be submitted to CJC within 30 days of completion IfGrantee expends less than 500000 in its fiscal year in Federal funds Grantee is exempt from Federalaudit requirements for that year Records must be available for review or audit by appropriate officialsas provided in Section ILD2 Access to Records herein

4 audit Costs Audit costs for audits not required in accordance with OMB Circular A133 areunallowable If Grantee did not expend 500000 or more in Federal funds in its fiscal year butcontracted with a certified public accountant to perform an audit costs for performance of that auditshall not be charged to this grant

E Landing

1 Matching Funds The Grantee acknowledges by accepting grant funds that when match isrequired all reported match is in the form of a cash match or inkind and not other Federalfunds The Grantee acknowledges that all rules that apply to grant funds apply to match funds Grantand match funds must be used only for the Program funded by the source referenced in IE Source ofFunds during the grant period to support the goals objectives and activities as identified in the grantapplication and reporting document Match funds cannot be used to support activities that are notconcurrently supported by these grant funds The Grantee certifies that match funds required to pay thenon Federal portion of the Program shall be in addition to funds that would otherwise be madeavailable to fund programs within the previously referenced grant guidelines

upplantinp The Grantee certifies that Federal funds will not be used to supplant State or local fundsbut will be used to increase the amount of funds that in the absence of Federal aid would be made

available to the Grantee to fund programs consistent with grant guidelines referenced in IE Source ofFunds

3

F Re n s Failure of the Grantee to submit the required financial program or audit reports or to resolvefinancial program or audit issues may result in the suspension of grant payments or termination ofthe grant Agreement

Progress Reports The Grantee agrees to submit a report each quarter on its progress in meeting eachof its agreed upon goals and objectives and comprehensive evaluation plan Progress reports mustinclude data on performance measures as required by the Bureau ofJustice Assistance Reports must bereceived no later than April 5 2010 July 5 2010 and October 5 2010 Grantee shall submit annualand cumulative reports no later than one week following the end of each year Any progressreport that is outstanding for more than one month past the due date may cause the suspensionor termination of the grant Grantee must receive prior approval from CJC to extend a progressreport requirement pas its due date

Financial Reimbursement Reports

a In order to receive reimbursement the Grantee agrees to submit to CJC 885 Summer Street NESalem Oregon 97301 the original signed Request for Reimbursement RFR which includessupporting documentation for all grant and match expenditures RFRs must be received nolater than April 30 2010 July 31 2010 and October 31 2010 Reimbursements for expenses willbe withheld if progress reports are not submitted by the specified dates or are incomplete AnyRFR that is outstanding for more than one month past the due date may cause thesuspension or termination of the grant Grantee must receive prior approval from CJC toextend an RFR requirement past its due date

b Reimbursement rates for travel expenses shall not exceed those allowed by the Federal travel policyRequests for reimbursement for travel must be supported with a detailed statement identifying theperson who traveled the purpose of the travel the times dates and places of travel and the actualexpense or authorized rates incurred

When requesting reimbursement for equipment costing over5000 the Grantee agrees to providea description of the equipment purchase price date of purchase and identifying numbers if any

d Unless the Grantee elects an equal pay basis for the first year of the grant period in the first RFRsubmitted by Grantee reimbursements will be made on an 11 per offender per day basis duringthe grant period If Grantee elects an equal pay basis for the first year of the grant period CJC willdisburse no more than one fourth of the grant amount in response to each RFR CJC may disburseless than one fourth of the grant amount in response to the RFR due on October 5 2010 if neededto result in disbursements that do not exceed 11 per offender per day The Grantee agrees that nogrant funds may be used for expenses incurred before October 1 2009 or after September 302010

Procurement Standards

a Grantee shall follow the same policies and procedures it uses for procurement from its non Federalfunds Grantees shall use their own procurement procedures and regulations provided that theprocurement conforms to applicable Federal and State law and standards

b All procurement transactions whether negotiated or competitively bid and without regard to dollarvalue shall be conducted in a manner so as to provide maximum open and free competitionJustification must be provided to CJC for any non competitive or sole source procurementJustification should include a description of the program and what is being contracted for anexplanation of why it is necessary to contract noncompetitively time constraints and any otherpertinent information All sole source procurements in excess of100000 must receive priorwritten approval from CJC in addition to any other approvals required by law applicable toGrantee Interagency agreements between units of government are excluded from this requirementto obTain CJC approval of sole source procurements

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c The Grantee shall be alert to organizational conflicts of interest or noncompetiuve practicesamong contractors that may restrict or eliminate competition or otherwise restrain tradeContractors that develop or draft specifications requirements statements of work or Requests forProposals RFP for a proposed procurement shall be excluded from bidding or submitting aproposal to compete for the award of such procurement Any request for exemption must besubinttted in writing to CJC

4 Audit Report Grantee shall provide CJC copies of all audit reports pertaining to this Agreementobtained by Grantee whether or not the audit is required by OMB CircularA133

G Njutonnp

1 CJC is responsible for monitoring and reviewing the activities of Grantee to ensure that all servicesprovided by Grantee under this Agreement conform to State and Federal standards and otherperformance requirements specified in the Agreement After reasonable notice and as often as CJC maydeem necessary during the grant award period CJC may perform program and fiscal monitoring

Grantee shall provide for program and fiscal reviews including meetings with consumerssubcontractors and evaluators review of service and fiscal records policies and procedures staffingpatterns job descriptions and meetings with any staff and stakeholders directly or indirectly involved inthe performance of this Agreements when requested to do so by CJC for purpose of monitoringpursuant to the Monitoring Policy and Procedures

H 1nership of NXiork Product

1 Definitionsions As used in this Section and elsewhere in this Agreement the following terms have themeanings set forth below

a Grantee Intellectual Property means any intellectual property owned by Grantee and developedindependently from the Program

b Thud Party Intellectual Property means any intellectual property owned by parties other than CJCor Grantee

c Work Product means every invention discovery work of authorship trade secret or othertangible or intangible item and all intellectual property rights therein that Grantee is required todeliver to CJC pursuant to the Program

Original Works All Work Product created by Grantee pursuant to the Program performed under thisAgreement including derivative works and compilations and whether or not such Work Product isconsidered a work made for hire or an employment to invent shall be the exclusive property of CJCCJC and Grantee agree that such original works of authorship are work made for hire of which CJC isthe author within the meaning of the United States Copyright Act If for any reason the original WorkProduct created pursuant to the Program is not work made for hire Grantee hereby irrevocablyassigns tc CJC any and all of its rights title and interest in all original Work Product created pursuant tothe Program whether arising from copyright patent trademark trade secret or any other state orfederal intellectual property law or doctrine Upon CJCs reasonable request Grantee shall execute suchfurther documents and instruments necessary to fully vest such rights in CJC Grantee forever waivesany and all rights relating to original Work Product created pursuant to the Program including withoutlunitttion any and all rights arising under 17 USC 106A or any other rights of identification ofauthorship or rights of approval restriction or limitation on use or subsequent modifications

In the event that Work Product created by Grantee under this Agreement is a derivative work based onGrantee Intellectual Property or is a compilation that includes Grantee Intellectual Property Granteehereby grants to CJC an irrevocable non exclusive perpetual royaltyfree license to use reproduceprepare derivative works based upon distribute copies of perform and display the pre existing elementsof the Grantee Intellectual Property employed in the Work Product and to authorize others to do thesame on CJCs behalf

In the e ent that Work Product created by Grantee under this Agreement is a derivative work based onThird Party Intellectual Property or is a compilation that includes Third Party Intellectual Property

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Grantee shall secure on the CJCs behalf and in the name of CJC an irrevocable non exclusiveperpetual royalty free license to use reproduce prepare derivative works based upon distribute copiesDf perfomr and display the pre existing elements of the Third Party Intellectual Property employed inthe Work Product and to authorize others to do the same on CJCs behalf

Grantee Intellectual Propel In the event that Work Product is Grantee Intellectual Property Granteehereby grants to CJC an irrevocable nonexclusive perpetual royaltyfree license to use reproduceprepare derivative works based upon distribute copies of perform and display the Grantee IntellectualProperty and to authorize others to do the same on CJCs behalf

4 Third Parts Works In the event that Work Product is Third Party Intellectual Property Grantee shallsecure on the CJCs behalf and in the name ofCJC an irrevocable nonexclusive perpetual royaltyfreelicense to use reproduce prepare derivative works based upon distribute copies of perform and displaythe Third Party Intellectual Property and to authorize others to do the same on CJCs behalf

Indemnity

l General Indemnity To the extent permitted by Article yin Section 10 of the Oregon Constitution andthe Oregon Tort claims Act RS 30260 through 30300 to the extent the Act is applicable Granteeshall defend save hold harmless and indemnify within the limits and subject to the restrictions of theOregon Tort Claims Act if applicable the State of Oregon and CJC and their officers employees andagents from and against all claims suits actions losses damages liabilities costs and expenses of anynature whatsoever including attorneys fees resulting from arising out of or relating to the activities ofGrantee or its officers employees subgrantees or agents under this Agreement except for liabilityarising solely out of the wrongful acts of employees or agents of the State of Oregon or CJC

To the extent permitted b Article XI Section 7 or the Oregon Constitution and the Oregon TortClaims Act ORS 30260 through 30300 to the extent the Act is applicable State and CJC shall defendsave hold harmless and indemnify within the limits and subject to the restrictions of the Oregon TortClaims Act if applicable Grantee and its officers employees and agents against all claims suits actionslosses damages liabilities costs and expenses of any nature whatsoever including attorney fees resultingfrom arising out of or relating to the activities of the State of Oregon and CJC or its officersemployees or agents under this contract except for liability arising solely out of the wrongful acts ofemployees or agents of Grantee

3 Indernnih for Infringement Claims Without limiting the generality of the previous section Granteeexpressly agrees to defend indemnify and hold CJC the State of Oregon and their agenciessubdivisions officers directors agents and employees harmless from any and all claims suitsactions losses liabilities costs expenses including attorneys fees and damages arising out of orrelated to any claims that the work the work product or any other tangible or intangible itemsdelivered to CJC by Grantee that may be the subject of protection under any state or Federalintellectual property law or doctrine or the CJCs use thereof infringes any patent copyright tradesecret trademark trade dress mask work utility design or other proprietary right of any third partyprovided that State of Oregon shall provide Grantee with prompt written notice of any infringementclaim

L Control of Defense and Settlement The Indemnitor shall have control of the defense and settlement

of any chum that is subject to the previous sections however neither Grantee nor any attorneyengaged by Grantee shall defend a claim in the name of the State of Oregon or any CJC of the Stateof Oregon nor purport to act as legal representative of the State of Oregon or any of its agencieswithout first receiving from the Oregon Attorney General in a form and manner determinedappropriate by the Attorney General authority to act as legal counsel for the State of Oregon norshall Grantee settle any claim on behalf of the State of Oregon without the approval of the AttorneyGeneral An indemnitee under this Section III may at its election and expense assume its owndefense and settlement in the event that the indemnitee determines that the indemnitor is prohibitedfrom defending the indemnitee or is not adequately defending the indemniteesinterests or that animportant governmental principle is at issue and the indemnitee desires to assume its own defense

6

J Irst ante

3orkess C9mpensatuon Fill employers including Grantee that employ subject workers as definedin ORS 656027 shall comply with ORS 656017 and shall provide workers compensation insurancecoverage for those workers unless they meet the requirement for an exemption under ORS6561262 Grantee shall require and ensure that each of its subcontractors complies with theserequirements

Professional Liability Insurance Grantee shall obtain and maintain in effect with respect to alloccurrences taking place during the period from the effective date of this Agreement through thetermination of this Agreement professional liability insurance covering professional liability arisingfrom the conduct and implementation of the Program from an insurance company authorized to dobusiness m the State of Oregon Coverage limits shall not be less than1600000 combined singlelimit per occurrence3200000 aggregate limit for all claims per occurrence

Comprehensive or Commercial General Liability Insurance Grantee shall obtain and maintain ineffect with respect to all occurrences taking place during the period from the effective date of thisAgreement through the termination of this Agreement comprehensive or commercial general liabilityinsurance covering personal injury and property damage arising from the conduct and implementationof the Program including contractual liability coverage for the indemnity provided in this Agreementfrom an insurance company authorized to do business in the State of Oregon Coverage limits shallnot be less than1600000 combined single limit per occurrence3200000 aggregate limit for allclaims per occurrence for bodily injury and 100000 combined single limit per occurrence 500000aggregate limit for all claims per occurrence for property damage for the period from the effectivedate of this Agreement to January 1 2010 and thereafter as adjusted by the State Court Administratorpursuant to Oregon Laws 2009 Chapter 67 Section 5

4 Automobile Liability Insurance If in the conduct and implementation of the Program Granteeprovides transportation for and or transports individuals in automobiles Grantee shall obtain andmaintain in effect with respect to all occurrences taking place during the period from the effectivedate of this Agreement through the termination of this Agreement automobile liability insurance witha combined single limit or the equivalent of not less than1600000 combined single limit peroccurrence3200000 aggregate limit for all claims per occurrence for bodily injury and 100000combined single limit per occurrence 500000 aggregate limit for all claims per occurrence forproperty damage for the period from the effective date of this Agreement to January 1 2010 andthereafter as adjusted by the State Court Administrator pursuant to Oregon Laws 2009 Chapter 67Section 5 including coverage for owned hired or non owned vehicles as applicable

Notice of Cancellation or Change There shall be no cancellation material change reduction of limits orintent not to renew the insurance coverageswithout 30 days prior written notice from the Grantee or itsinsurersto Oregon Criminal Justice Commission

a Certificates of Insurance As evidence of the insurance coverages required by this Agreement andprior to the execution of this Agreement Grantee shall furnish cenificatesof insurance to OregonCriminal Justice Commission Automobile Liability and Commercial General Liability insurancecoverage required by this section must name the State of Oregon Oregon Criminal JusticeCommission including its officers and employees as Additional Insureds but only with respect to actsor omissions of the Grantee its officers employees or agents under this Agreement or in the conductor implementation of the Program to be provided under this Agreement The Grantee shall befinancially responsible for all pertinent deductibles self insured retentions andor self insurance

K Ns Implied Waiver Cumulative Remedies The failure of either parry to exercise and any delay in exercisingam right power or privilege under this Agreement shall not operate as a waiver thereof nor shall any single orpartial exercise of any right power or privilege under this Agreement preclude any other or further exercisethereof or the exercise of any other such right power or privilege The remedies provided herein arecu nulative and not exclusive of any remedies provided by law

L Governing Law ertue Consent to Jurisdiction This Agreement shall be governed by and construed inaccordance with the laws of the State of Oregon without regard to principles of conflicts of law Any claimac ion suit or proceeding collectively Claim between the parties that arises from or relates to thisAgreement shall be brought and conducted solely and exclusively within a Circuit Court for the State of

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reron of proper jurisdiction provided however if the Chum must be brought in a federal forum then it shallhe brought and conducted solely and exclusively within the United States District Court for the District ofOregon The parties By Execution Of This Agreement Hereby Consent To The In PersonamJ urisdietron Of Said Courts Except as provided in this section neither party waives any form of defense orimmunity whether sovereign immunity governmental immunity immunity based on the eleventh amendmenttc the Constitution of the United States or otherwise from any Claim or from the jurisdiction of any othercourt The parties acknowledge that this is a binding and enforceable agreement and to the extent permittedb 1 w expressly waive any defense alleging that either party does not have the right to seek judicialenforcement of this Agreement

M Time is of the Essence Grantee agrees that time is of the essence with respect to all provisions of thisAgreement that specify a time for performance provided however that the foregoing shall not be construed tohrnu or deprive a parry of the benefits of any grace or use period allowed in this Agreement

N Lances Except as otherwise expressly provided in this Agreement any communications between the partieshereto or notice to be given hereunder shall be given in writing by personal delivery facsimile or mailing thesame by registered or certified mail postage prepaid to Grantee or CJC at the address or number set forth onpage 1 of this Agreement or to such other addresses or numbers as either party may hereafter indicatepursuant to this Section Any communication or notice so addressed and sent by registered or certified mailshat be deemed delivered upon receipt or refusal of receipt Any communication or notice delivered byfacsimile shall be deemed to be given when receipt of the transmission is generated by the transmittingmachine Any communication or notice by personal delivery shall be deemed to be given when actuallydelivered Any communication or notice given by email shall be effective upon the senders receipt ofconfirmation generated by the recipientsemail system that the notice has been received by the recipients emailsystem The parties also may communicate by telephone regular mail or other means but suchcommunications shall not be deemed notices under this Section unless receipt by the other party is expresslyacknowledged in writing by the receiving party

O Sgacontracts Succe i et

1 Grantee shall not enter into any subcontracts for any of the Program activities required by thisAgreement without CJCs poor written consent Grantee shall require any subcontractors to comply inwriting with the terms and conditions of this Agreement and provide the same assurances as theGrantee must in its use of Federal funds CJCs consent to any subcontract shall not relieve Grantee ofany of its duties or obligations under this Agreement

2 This Agreement shall he binding upon and inure to the benefit of CJC Grantee and their respectivesuccessors and assigns if any

3 Grantee may not assign delegate or transfer its rights or obligations hereunder or any interest hereinwithout the prior consent in writing of CJC

4 The parties acknowledge and agree that if the Oregon Legislative Assembly transfers the functions ofCJC to another agency this agreement shall be assigned to that successor agency

P CJC and Grantee are the only parties to thisAgreement and are the only partiesentitled to enforce the terms of this Agreement Nothing in this Agreement gives is intended to give or shall beonstrued to give or provide any benefit or right not held by or made generally available to the public whether

directly indirectly or otherwise to third persons unless such third persons are individually identified by nameherein and expressly described as intended beneficiaries of the terms of this Agreement

Q ij ival All provisions of this Agreement set forth in the following sections shall survive termination of thisAgreement Section IID Maintenance Retention and Access to Records Audits Section ILF Reports andsection III Indemnity

R eyerability If ane term or provision of this Agreement is declared by a court of competent jurisdiction to bellegal or in conflict with any law the validity of the remaining terms and provisions shall not be affected andhe sights and obligations of the parties shall be construed and enforced as if this Agreement did not contain

the particular tern or provision held to be invalid

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S kel ionslup of Parties The parties agree and acknowledge that their relationship is that of independentcontracting parties and neither part hereto shall be deemed an agent partner joint venturer or related entity ofthe other by reason of this Agreement

T Recovery of Fungi s

l Recovery of overpayments Grantee shall be accountable for and shall repay any overpayment or anyamounts resulting from any breach of this Agreement that results in a debt owed to the FederalGovernment CJC may apply interest penalties and administrative costs to a delinquent debt owed by adebtor pursuant to the Federal Claims Collection Standards and OMB Circular A129 The parties agreeto go through the process provided in Section WB before Grantee is required to make any paymentunder this paragraph

Recovery of Unexpended Funds Any grant funds disbursed to Grantee that remain unexpended on thetermination of this Agreement Unexpended Funds must be returned to CJC Grantee may at itsoption satisfy its obligation to return Unexpended Funds under this Section by paying to CJC theamount of Unexpended Funds or permitting CJC to recover the amount of the Unexpended Fundsfrom future payments to Grantee from CJC If Grantee fails to return the amount of the UnexpendedFunds within fifteen 15 days after the date this Agreement is terminated Grantee shall be deemed tohave elected the deduction option and CJC may deduct the amount demanded from any future paymentfrom CJC to Grantee including but not limited to any payment to Grantee from CJC under thisAgreement and any payment to Grantee from CJC under any contract or agreement present or futurebetween CJC and Grantee If no such contracts or agreements are in effect and no future contracts oragreements between Grantee and CJC are contemplated by CJC 15 days after the date this Agreement isterminated Grantee shall return the Unexpended Funds to CJC

3 Recovery of Misexpended Funds If CJC alleges that Grantee expended funds in violation orcontravention of this Agreement CJC and Grantee shall enter into nonbinding discussions underSection ftVB within 15 days of CJCs notice to Grantee of the allegation with such discussions to beconcluded within 45 days of CJCs notice to Grantee If the parties determine that funds were in factexpended in violation or contravention of this Agreement Misexpended Funds then the

Misexpended Funds shall be replaced by Grantee within 15 days of that determination unless CJCagrees to another time or method of repayment If the parties do not agree on the amount ofMisexpended Funds CJC may recover the amount determined by CJC to be Misexpended Funds fromany future payment from CJC to Grantee including but not limited to any payment to Grantee fromCJC under this agreement and any payment to Grantee from CJC under any contract oragreement present or future between CJC and Grantee If no such contracts or agreements are ineffect and no future contracts or agreements between Grantee and CJC are contemplated by CJC 15days after the date of the determination of Misexpended Funds Grantee shall return the MisexpendedFunds to CJC

U mendments CJC may agree to amend this to the extent permitted by applicable statutes and administrativerules No amendment to this Agreement shall be effective unless it is in writing signed by the parties and allapprovals required by applicable law have been obtained before becoming effective

III Grantee Compliance and Certifications

A 2tbarment Suspen i v AT or The Grantee certifies by accepting grant fundshat neither it nor its principals are presently debarred suspended proposed for debarment declared ineligiblenor voluntarily excluded from participation in this transaction by any Federal department or agency Thiscertification is required by regulations published May 26 1988 implementing Executive Order 12549Debarment and Suspension 28 CFR Part 69 and 28 CFR Part 67

B ctmpliance with Applicable Law The Grantee agrees to comply with all applicable laws regulations andguidelines as written or as amended of the State of Oregon the Federal Government and CJC in theperformance of this Agreement without limiting the generality of the foregoing Grantee agrees to complywith ARRA and with all laws rules and guidelines set forth in the most recent version of the Grant ManagementHandbook published by CJC including but not limited to

1 The provisions of 28 CFR applicable to grants and cooperative agreements including Part 18Administrative Review Procedure Part 20 Criminal Justice Information Systems Part 22

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Confidentiality of Identifiable Research and Statistical Information Part 23 Criminal IntelligenceOperating Policies Part 30 Intergovernmental Review of Department of Justice Programs andAcuvities Parr 42 Non DiscriminationEqual Employment Opportunity Policies and Procedures Part46 Protection of Human Subjects Part 61 Procedures for Implementing the National EnvironmentalPolicy Act Part 63 Floodplain Management and Wetland Protection Procedures and Federal laws orregulations applicable to Federal assistance programs

2 Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 PL 91 646

Secuon 102x of the Flood Disaster Protection Act of 1973 PL 93 234 87 Stat97 approvedDecember 31 1976

4 Section 106 of the National Historic Preservation Act of 1966 as amended 16 USC 470 ExecutiveOrder 11593 and the Archeological and Historical Preservation Act of 1966 16 USC 569a1 et seq

5 Nationai Environmental Policy Act of 1969 42 USC 4321 et seq

6 Flood Disaster Protection Act of 1973 42 USC 4001 et seq

7 Clean Air Act 42 USC 7401 et seq

f Clean Water Act 33 USC 1368 et seq

Federal Water Pollution Control Act of 1948 as amended 33 USC 1251 et seq

10 Safe Drinking Water Act of 1974 42 USC 300f et seq

11 Endangered Species Act of 1973 16 USC 1531 et seq

12 Wild and Scenic Rivers Act of 1968 as amended 16 USC 1271 et seq

13 Historical and Archaeological Data Preservation Act of 1960 as amended 16 USC 469 et seq

4 Coastal Zone Management Act of 1972 16 USC 1451 et seq

5 Coastal Barrier Resources Act of 1982 16 USC 3501 et seq

6 Indian Self Determination Act 25 USC 450f

7 Hatch Political Activity Act of 1940 as amended 5 USC 1501 et seq

8 Animal Welfare Act of 1970 7 USC 2131 et seq

19 Demonstration Cities and Metropolitan Development Act of 1966 42 USC 3301 et seq

20 Federal Fair Labor Standards Act of 1938 as appropriate as amended 29 USC 201 et seq

C Stsndard Assurances and Certifications Regarding bbyin

1 No federal appropriated funds have been paid or will be paid by or on behalf of the Grantee to anyperson for influencing or attempting to influence an officer or employee of any agency a member ofCongress an officer or employee of Congress or any employee of a member of Congress inconnection with the awarding of any Federal contract the making of any Federal grant the making ofany Federal loan the entering into of any cooperative agreement and the extension continuationrenewal amendment or modification of any Federal contract grant loan or cooperative agreement

2 If any funds other than Federal appropriated funds have been paid or will be paid to any person forinfluencing or attempting to influence an officer or employee of any agency a member of Congressan officer or employee of Congress or an employee of a member of Congress in connection with thisfederal contract grant loan or cooperative agreement the Grantee agrees to complete and submitStandard FormLLL Disclosure Form to Report Lobbying in accordance with its instructions

3 The undersigned will require that the language of this certification be included in the awarddocuments for all subawards at all tiers including subcontracts subgrants and Contracts undergrants loans and cooperative agreements and that all subgrantees will certify and discloseaccordingly

This certification is a material representation of fact upon which reliance was placed when thistransaction was made or entered into Submission of this certification is a prerequisite for making or

entering into this transaction imposed by section 1352 title 31 US Code Any person who fails to

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file the recaired certification will be subject to a civil penalty of not less than 10000 and not morethan 100000 for each such failure

D fication ofNotidiscrimination

The Grantee and all its contractors and subcontractors certifies that no person shall be excluded fromparticipation in denied the benefits of subjected to discrimination under or denied employment inconnection with any activity funded under this Agreement on the basis of race color age religionnational origin handicap or gender The Grantee and all its contractors and subcontractors assurescompliance with the following lawsa Non discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968 as

amended

b Title IV of the Civil Rights Act of 1964 as amended

c Section 504 of the Rehabilitation Act of 1973 as amended

d Title II of the Americans with Disabilities Act ADA of 1990

e Title D of the Education Amendments of 1972

f The Age Discrimination Act of 1975

g The Department of Justice Nondiscrimination Regulations 28 CFR Part 42 Subparts C D E andG and

h The Department ofJustice regulations on disability discrimination 28 CFR Part 35 and Part 39

In the event that a Federal or State court or administrative agency makes a finding of discriminationafter a due process hearing on the grounds of race color age religion national origin handicap orgender against the Grantee or any of its contractors or subcontractors the Grantee or any of itscontractors or subcontractors will forward a copy of the finding to CJC CJC will forward a copy of thefinding to the Office for Civil Rights Office ofJustice Programs

E inii Rights Compliance

1 All recipients of federal grant funds are required and Grantee agrees to comply with nondiscriminationrequirements of Title VI of the Civil Rights Act of 1964 as amended 42 USC 2000d et seqprohibiting discrimination in programs or activities on the basis of race color and national originOmnibus Cnme Control and Safe Streets Act of 1968 as amended 42 USC 3789dc1prohibitingdiscrimination in employment practices or in programs and activities on the basis of race color religionnational origin and gender Section 504 of the Rehabilitation Act of 1973 29 USC 794 et seqprohibiting discrimination in employment practices or in programs and activities on the basis of

disability Title II of the Americans with Disabilities Act of 1990 42USC 12131 prohibitingdiscrimination in services programs and activities on the basis of disability The Age DiscriminationAct of 1975 42 US0 6101 07 prohibiting discrimination in programs and activities on the basis ofage and Title IX of the Education Amendments of 1972 20 US0 1681 et seq prohibitingdiscrimination in educational programs or activities on the basis of gender

2 Services to LimitedEnglishProficient LEP PersonsNational origin discrimination includes discrimination on the basis of limited English proficiency LEPTo ensure compliance with Title VI and the Safe Streets Act recipients are required to take reasonablesteps to ensure that LEP persons have meaningful access to their programs Meaningful access mayentail providing language assistance services including interpretation and translation services wherenecessary Grantees are encouraged to consider the need for language services for LEP persons servedor encountered both in developing their proposals and budgets and in conducting their programs andactivities Reasonable costs associated with providing meaningful access for LEP individuals areconsidered allowable program costs The US Department of Justice has issued guidance for grantees toassist them in complying with Tide VI requirements The guidance document can be accessed on theInternet atuwwlepgov

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F LQ4a1 Employment Opportunity Plan EMT If the Grantee or any of its contractors or subcontractors has5Q or more employees is receiving more than 25000 pursuant to this Agreement and has a service populationwill a nunonty representation of three percent or more the Grantee or any of its contractors orsab ontractors agrees to formulate implement and maintain an EEOP relating to employment practicesaffecting minority persons and women If the Grantee or any of its contractors or subcontractors has 50 ormore employees is receiving more than 25000 pursuant to this Agreement and has a service population witha minority representation of less than three percent the Grantee or any of its contractors or subcontractorsagrees to formulate implement and maintain an EEOP relating to its practices affecting women The Granteeand any of its contractors and subcontractors certifies that an EEOP as required by this section will be ineffect on or before the effective date of this Agreement Any Grantee and any of its contractors orsubcontractors receiving more than 500000 either through this Agreement or in aggregate Federal grantfunds in any fiscal year shall in addition submit a copy of its EEOP at the same time as the applicationsubmission with the understanding that the application for funds may not be awarded prior to approval of theGranteesor any of its contractors or subcontractors EEOP by the Office for Civil Rights Office of JusticePrograms Bureau ofJustice Assistance

If required to formulate an EEOP the Grantee must maintain a current copy on file which meets theapplicable requirements

G National Environmental Policy Act NEPA Special Condition for US Department ofJustice GrantPgers

1 Prior to obligating grant funds Grantee agrees to first determine if any of the following activities will berelated to the use of the grant funds Grantee understands that this special condition applies to itsfollowing new activities whether or not they are being specifically funded with these grant funds Thatis as long as the activity is being conducted by the Grantee a contractor subcontractor or any thirdparty and the activity needs to be undertaken in order to use these grant funds this special conditionmust fast be met The activities covered by this special condition are

a new construction

b minor renovation or remodeling of a property either a listed on or eligible for listing on theNational Register of Historic Places or b located within a 100year floodplain

c a renovation lease or any other proposed use of a building or facility that will either a result in achange in its basic prior use or b significantly change its size and

d implementation of a new program involving the use of chemicals other than chemicals that are apurchased as an incidental component of a funded activity and b traditionally used for examplein office household recreational or educational environments

application of This Speciai Condition to GranteesExisting Programs or Activities For any of theGranteesor its contractors or subcontractors existing programs or activities that will be funded bythese grant funds the Grantee upon specific request from the Bureau ofJustice Assistance agrees tocooperate with the Bureau ofJustice Assistance in any preparation by the Bureau ofJustice Assistanceof a national or program environmental assessment of that funded program or activity

H lrtification Regarding Drug Frey Workplace Requirements Grantee certifies that it will provide a drugfreeworkplace by

Publishing a statement notifying employees that the unlawful manufacture distribution dispensingpossession or use of a controlled substance is prohibited in the Granteesworkplace and specifying theactions that will be taken against employees for violation of such prohibition

2 Establishing a drug free awareness program to inform employees about

a The dangers of drug abuse in the workplace

b The Grantees policy of maintaining a drugfree workplace

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c Any available drug counseling rehabilitation and employee assistance programs and

d The penalties that may be imposed upon employees For drug abuse violations occurring in theworkplac e

3 Requiring that each employee engaged in the performance of the grant be given a copy of theempioyersstatement required by paragraph 1

4 Notifying the employee that as a condition of employment under the award the employee will

a Abide by the terms of the statement andb Notify the employer of any criminal drug statute conviction for a violation occurring in the

workplace not later than five days after such conviction

3 Notifying the Grantee within ten days after receiving notice from an employee or otherwise receivingactual notice of such conviction

f Taking one of the following actions within 30 days of receiving notice with respect to any employeewho is so convicted

a Taking appropriate personnel action against such an employee up to and including termination or

b Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitationprogram approved for such purposes by Federal State or local health law enforcement or otherappropriate agency

i Making a good faith effort to continue to maintain a drugfree workplace

IV Default Remedies Termination

A DefaultbyGrsritee Grantee shall he in default of this Agreement if

Grantee fails to comply substantially with the requirements or statutory objectives of the grantguidelines referenced in IE Source of Funds or other provisions of Federal law

Grantee fails to have Program operational within 90 days of the award period start date

Grantee fails to make satisfactory progress toward the goals and objectives and comprehensiveevaluation plan set forth in the application or the progress report

4 Grantee fails to adhere to the requirements and the terms and conditions of the grant award

i Grantee proposes or implements substantial plan changes to the extent that if originally submitted theapplication would not have been selected

Grantee fails to submit the required financial program or audit reports or to respond to monitoringreports or to resolve financial program or audit issues

7 Grantee institutes or has instituted against it insolvency receivership or bankruptcy proceedings makesan assignment for the benefit of creditors or ceases doing business on a regular basis

8 Grantee fails to comply substantially with any other applicable Federal or State statute regulation orguideline

B Default by CJc CJC shall be in default of this Agreement if

1 CJC fails to pay Grantee any amount pursuant to the terms of this Agreement and CJC fails to curesuch failure within 30 days after Granteesnotice or such longer period as Grantee may specify in suchnotice or

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C1C commits any material breach or default of any covenant warranty or obligation under thisAgreement and such breach or default is not cured within 30 days after Grantees notice or such longerperiod as Grantee may specify in such notice

C Remedies upon Default Notwithstanding any other term or provision in this Agreement CJC will providereasonable notice to the Grantee if CJC believes Grantee is or may be in default and will attempt to resolve theurohlem informally The parties shall engage in nonbinding discussions to give Grantee an opportunity topresent reasons why it believes it is not in default or that the default is not material and give CJC anopportunity to withdraw its notice The parties may also negotiate an appropriate resolution of the defaultincluding without limitation the amount of any Misexpended Funds If Grantee does not cure any defaultwithin 30 days of written notice thereof to Grantee from CJC or such longer period as CJC may authorize in itssole discretion CJC may pursue any remedies available under this Agreement at law or in equity Suchremedies include but are not limited to withholding of reimbursement termination or suspension of thisAgreement return of all or a portion of the grant funds payment of interest earned on the grant fundsdecaration of ineligibility for the receipt of future grant awards from CJC and damages to CJC If as a resultof Granteesdefault CJC demands return of all or a portion of the grant funds or payment of interest earnedon he grant funds Grantee shall pay the amount upon CJCs demand after the process described in thisSection

D Termination

I CJC Termination CJC may terminate this Agreement

a Immediately upon written notice to Grantee if CJC does not obtain sufficient fundingappropriation limitations allotments or other expenditure authority to allow CJC to meet itspayment obligations under this Agreement

b Immediately upon written notice to Grantee if state or Federal laws regulations or guidelines aremodified changed or interpreted in such a way that the CJC does not have the authority toprovide grant funds for the Program or no longer has the authority to provide the grant fundsfrom the planned funding source

c Upon 30 days advance written notice to Grantee if Grantee is in default under this Agreementand such default remains uncured at the end of said 30 day period or such longer period if anyas CC may specify in the notice

d Immediately upon written notice to Grantee if any license or certificate required by law orregulation to be held by Grantee to implement the Work is for any reason denied revokedsuspended not renewed or changed in such a way that Grantee no longer meets requirements tooperate the Program

e Immediately upon written notice to Grantee if CJC determines that there is a threat to thehealth safety or welfare of any individual receiving Services as part of the Program

2 Grantee Termination Grantee may terminate this Agreement

a Upon 30 days advance written notice to CJC if Grantee is unable to continue implementation ofthe Project as a result of circumstances not reasonably anticipated by Grantee at the time itexecuted this Agreement and that are beyond Grantees reasonable control If Granteeterminates this Agreement under this Section CJC may end all further disbursements of grantfunds upon receipt of Grantees termination notice but Grantee shall not be required to repay toCJC any grant funds previously disbursed to and expended by Grantee in accordance with theterrns and conditions of this Agreement

b CJC fails to pay Grantee any amount pursuant to the terms of this Agreement and CJC fails tocure such failure within 30 days after Granteesnotice or such longer period as Grantee mayspecify in such notice

14

i 1C c ornmlts any material breach or default of any covenant warranty or obligation under thisAgreement fails to perform its commitments hereunder within the time specified or anyextension thereof and CJC fails to cure such failure within 30 days after Granteesnotice or suchconger period as Grantee may specify in such notice

3 Effect of Termination Upon termination of this Agreement CJC shall have no furtherobligation to disburse grant moneys to Grantee whether or not the entire grant has beendisbursed to Grantee and Granteesauthority to expend previously disbursed grant fundsshall end Termination of this Agreement shall not affect Granteesobligations under thisAgreement or CJCs right to enforce this Agreement against Grantee in accordance with itsterms with respect to grant funds actually received by Grantee under this Agreement or withrespect to portions of the Work actually implemented Specifically but without limiting thegenerality of the preceding sentence termination of this Agreement shall not affect Granteesrepresentations and warranties reporting obligations recordkeeping and access obligationsobligation to comply with applicable law the restrictions and limitations on Granteesexpenditure of grant funds actually received by Grantee hereunder Granteesindemnificationobligations Granteesobligations related to Work Product Granteesobligation to repay anyoverpayment of grant funds or CJCs right to recover any grant funds from Grantee inaccordance with the terms of this Agreement

4 Return of Property Upon termination of this Agreement for any reason whatsoever Granteeshall immediately deliver to CJC all CJC property including without limitation any Work orWork Products for which CJC has made payment in whole or in part that is in the possessionor under the control of Grantee in whatever stage ofdevelopment and form of recordationsuch CJC property is expressed or embodied at that time Upon receiving a notice oftermination of this Agreement Grantee shall immediately cease all activities under thisAgreement unless CJC expressly directs otherwise in such notice of termination Upon CJCrequest Grantee shall surrender to anyone CJC designates all documents research or objectsor other tangible things needed to complete the Work and the Work Products

V Representations and Warranties

Grantee epresents and warrants to C1C as follows

A dstence and Powgr Grantee is a political subdivision of the State of Oregon Grantee has full power andauthority to transact the business in which it is engaged and full power authority and legal right to execute andde liver this Agreement and incur and perform its obligations hereunder

B Authority No Contravention The inking and performance by Grantee of this Agreement a have been dulyauthorized by all necessary action of Grantee b do not and will not violate any provision of any applicablelaw rule or regulation or order of any court regulatory commission board or other administrative agency orarty provision of Grantees articles of incorporation or bylaws and c do not and will not result in the breachof or constitute a default or require any consent under any other agreement or instrument to which Grantee isa arty or by which Grantee or any of its properties are bound or affected

C ndtng Obligation This Agreement has been duly authorized executed and delivered on behalf of Granteeand constitutes the legal valid and binding obligation of Grantee enforceable in accordance with its terms

D Approvals No authorization consent license approval of filing or registration with or notification to anygovernmental body or regulatory or supervisory authority is required for the execution delivery or performanceb Grantee of this Agreement

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The Adnurustenng Ag rice by signature of its authorized official hereby acknowledges that he she has read this Agreementunderstands it agrcc s tro be bound bl its ternis and conditions including all references to other documents and is authorized byGrantee to execute thi Agreement on Grantees behalf Failure to comply with this Agreement and with applicable State andFederal rules and guidelines may result in the withholding of reimbursement the termination or suspension of the Agreementdenial of future grants and damages 10 CJ C

Approved by Administering Agency

Signature f Authorized Administering A encv Official Date

AhP 1414 eHy Curt rf re 401 e rCG41DName Title

C 3 leOO23aj 0 it11QjtoFederal Tax ID Number State Tax ID Number

Approved by Oregon Criminal Justice Cornmission

Craig Prins Executive Directo Date

Oregon Criminal Justice Corn ssion

Exhibit A

1 Cover Sheet

EDWARD BYRNEMEMORIAL JUSTICE ASSISTANCE MEASURE 57 INTENSIVEDRUGCOURT GRANTiPROGRAN9

APPENDIXA APPLICATION COVER SHEETCriminal Justice Commission Grant Program885 Summer Street NE Drug Court Grant ProgramSalem Oregon 97301503 3785796 Fax 503 3784861amberkaatzadasstateorus Program Title Josephine County Drug Court

Applicant Josephine County Community Corrections

Address 510 NW 4rh Street

Grants Pass T Zi 97526Phone

City p 541 474 5165 Fax 541 4745171

ProgramAbe Huntley Director

Phone541 4745165 x3713 Fax 541 4745171Contact

Program Contact Emailahuntlev@coloseohineorusAddress

Angie BrownFiscal Contact Phone I 541 4745165 x3727 Fax 541 4745171Administrative SupervisorFiscal Contact Email

abrownacoiosephineorusAddress

PROGRAM BUDGET Proposed 1 Year Estimated 2 Year

Total JAG Funds Requested15person capacity 40persen 15person capacity31837 23877 6424 61528

Total Other Support If applicable

Total Program Funds grant other 31837 23877 61521 61528

Program Abstract use only space providedJosephine County Drug Court Program has been providing intensive supervision services sanctions and incentives tohigh and medium risk drug addicted offenders for over 13 years The level of cooperation support and collaborationwithin the community is unparalleled and has proven to be effective with a three year recidivism rate of less than 10 forthose offenders graduating the program With this proven time tested infra structure Josephine County is in a uniqueposition to focus their efforts on qualifying Measure 57 offenders and provide them with the supervision and treatmentthrough the Drug Court Program that will foster long term behavior change

With recent state budget cuts the funding requested in this grant application will allow Josephine County to expand itsprogram and require identified Measure 57 offenders to participate in and successfully complete this intensive program

Certification The signatory of this Application Cover Sheet is a duly authorized representative of the Applicant has beenauthorized by Applicant to make all representations attestations and certification contained in this RFA and all Addendaif any issued and to execute this Application document on behalf of Applicant By signature below the undersignedAuthorized Official hereby certifies on behalf of Applicant that all contents of this Application Cover Sheet and thesubmitted Application are truthful complete and accurate Failure to provide information required by the RFA mayultimately result in rejection of the Application

Administering Agency Josephine County Community CorrectionsFederal

936002300Tax ID

Administering AgencyH Abe Huntley DirectorAuthorized Official

Signature of AdministeringAgency AuthorizedOfficial Date November 17 2009