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MINUTES - TILLAMOOK COUNTY BOARD OF COMMISSIONERS' BOARD MEETING- Wednesday, November 21, 2012 Page 1

WORKSHOP

COMMISSIONERS PRESENT: Tim Josi, Chair Mark Labhart, Vice Chair

4~\F~~ DEC l 3 2013 TASSI O'NEIL

COUNTY ClERK

Charles J. Hurliman, Commissioner

STAFF PRESENT: Paul Levesque, Chief of Staff

STAFF PRESENT FOR PORTIONS OF THE MEETING: David McCall, Solid Waste Program Manager; Michael Soots, Director, Information Systems; Tammy Hickman, Health Department; Andy Long, Sheriff; Denise Vandecoevering, Assessor; Jeanette Steinbach, Public Works; Deb Clark, Treasurer; John Boyd, Director, Community Development, and Sue Becraft, Board Assistant

GUESTS: Gus Meyer and Bill Baertlein

CALL TO ORDER: By Chair Josi at 8:30a.m. in Commissioners' Meeting Room B.

ITEM NO. 1: WELCOME & REQUEST TO SIGN GUEST LIST: Chair Josi welcomed everyone and reminded them to sign the guest list. Chair Josi welcomed John Boyd, the new Community Development Director.

ITEM NO. 2: PUBLIC COMMENTS - NON-AGENDA ITEMS: Vice Chair Labhart announced the City-County Insurance Services (CIS) award for no injury accidents during 2010-2011. We were the only local government in Oregon to achieve this milestone for that year.

Chair Josi discussed the recent bomb threat and the need to complete the Courthouse Emergency Action Plan. Paul Levesque will complete the plan. Commissioner Hurliman said we also need to address a procedure for knowing when to re-enter the building. There was a general discussion about issues that arose during the event. Chair Josi felt we ought to do a table top exercise quarterly during leadership team. There was a discussion about notification systems.

ITEM NO. 3: PUBLIC WORKS REPORT: al DISCUSSION CONCERNING MODIFICATION #1 TO PROFESSIONAL SERVICES AGREEMENT #4318 WITH PARAMETRIX FOR CONSTRUCTION CONTRACT ADMINISTRATION AND CONSTRUCTION ENGINEERING AND INSPECTION PHASE OF THE ROY CREEK CULVERT REPLACEMENT PROJECT: Jeanette Steinbach described the claim by the contractor for extra costs that necessitates this modification, which provides for compensating the firm for its negotiations associated with settling the claim. This item will be carried forward to the 10:00 a.m. meeting.

MINUTES - TILLAMOOK COUNTY BOARD OF COMMISSIONERS' BOARD MEETING- Wednesday, November 21, 2012 Page2

OTHER: Ms. Steinbach gave a status report on road damage.

b) DISCUSSION CONCERNING RECOMMENDATIONS FOR SOLID WASTE ADVISORY COMMITTEE ISWAC) APPOINTMENTS: David McCall said the Solid Waste Service District (SWSD) budget committee member, Clyde Zeller, is willing to serve another term. There are five industry members on the SWAG also expiring. Susan Walsh would be a new recycling representative appointment. They do not have someone to fill the construction industry position. Sue Becraft will issue a recruitment solicitation. The committee recommends reappointment of the other vacancies.

Commissioner Hurliman said there was a conflict with Shawn Reiersgaard. Chair Josi said he was willing to reappoint. Mr. McCall said Mr. Reiersgaard stated his industry had recommended his reappointment. The board was familiar with Susan Walsh and did not need an interview.

The new CEO of Western Oregon Waste (WOW), Fred Stemmler, will schedule to meet the board in January.

ITEM NO. 4: DISCUSSION CONCERNING GRANT APPLICATION TO THE OREGON PARKS AND RECREATION DEPARTMENT FOR PICNIC TABLE & FIRE RING REPLACEMENT: Chair Josi said this is for $77,890 with a $25,964 match. This is part of a multi-year grant. This item will be carried forward to the 10:00 a.m. meeting.

ITEM NO. 5: DISCUSSION CONCERNING A PURCHASE OF REPLACEMENT COMPUTERS THROUGH THE WESTERN STATES CONTRACTING ALLIANCE MASTER PRICE AGREEMENT NUMBER B27159 !OREGON STATE CONTRACT #9757) BETWEEN COMPUTER TECHNOLOGY LINK ICTL) AND THE DEPARTMENT OF ADMINISTRATIVE SERVICES: Michael Soots said this was a budgeted purchase as part of our scheduled replacement. Thirty-one computers will be replaced. This item will be carried forward to the 10:00 a.m. meeting.

ITEM NO.6: DISCUSSION CONCERNING TWELFTH AMENDMENT TO 2011-2013 INTERGOVERNMENTAL AGREEMENT #135577 (COUNTY #4264) WITH THE OREGON HEALTH AUTHORITY FOR THE FINANCING OF PUBLIC HEALTH SERVICES: Tammy Hickman said this adds $857,697 for our current program. This item will be carried forward to the 10:00 a.m. meeting.

ITEM NO. 7: DISCUSSION CONCERNING AN INTERAGENCY AGREEMENT WITH TILLAMOOK FAMILY COUNSELING CENTER TO PROVIDE POST PARTUM DEPRESSION SERVICES: Ms. Hickman said we received our level Ill accreditation and this is part of our requirement. This is a continuation of services. This item will be carried forward to the 10:00 a.m. meeting.

MINUTES - TILLAMOOK COUNTY BOARD OF COMMISSIONERS' BOARD MEETING- Wednesday, November 21, 2012 Page 3

ITEM NO. 8: DISCUSSION AND CONSIDERATION OF OUT-OF-STATE TRAVEL REQUEST FOR ERIN OLDENKAMP TO ATIEND THE PRIMARY CARE PEDIATRICS CONFERENCE FROM DECEMBER 5-7. 2012 IN BOSTON. MASSACHUSETIS: Ms. Hickman said this will help Ms. Oldenkamp's keep her certification. It is budgeted.

A motion was made by Vice Chair Labhart to approve the out-of-state travel request for Erin Oldenkamp to attend the Primary Care Pediatrics Conference in Boston, Massachusetts from December 5-7, 2012. The motion was seconded by Commissioner Hurliman. The motion carried with three aye votes. The chair signed the travel request.

ITEM NO.9: DISCUSSION CONCERNING A LETTER TO THE ASSOCIATION OF OREGON & CALIFORNIA COUNTIES !O&Cl AUTHORIZING COMMISSIONER CHARLES HURLIMAN TO CAST A PROXY VOTE ON BEHALF OF COMMISSIONER JOSI AT THE O&C MEETING IN EUGENE ON DECEMBER 3, 2012: This item will be carried forward to the 10:00 a.m. meeting.

ITEM NO. 10: DISCUSSION CONCERNING A LETTER TO THE HEBO RANGER DISTRICT CONCERNING SPECIAL USE PERMITS FOR THE USE OF TAIL HOLDS AND/OR GUY LINES: Commissioner Hurliman said he received a letter concerning a court case about the need for special permits. Vice Chair Labhart said the letter should be revised to state that we support the permits. This item will be carried forward to the 10:00 a.m. meeting.

ITEM NO. 11: CHIEF OF STAFF REPORT: a) DISCUSSION CONCERNING AN ORDER IN THE MATIER OF A BOUNDARY LINE ADJUSTMENT INVOLVING LOT 38, HARRIS' NESTUCCA BEACH SUBDIVISION IN FAVOR OF LISA CHRISTINE GREIF AND LAURA LYNN GREIF and bl DISCUSSION CONCERNING A BOUNDARY AGREEMENT AND CONVEYANCE FROM LISA CHRISTINE GREIF AND LAURA LYNN GREIF FOR A PROPERTY DESCRIBED AS LOT 38. HARRIS' NESTUCCA BEACH and c) DISCUSSION CONCERNING AN ORDER IN THE MATTER OF A BOUNDARY LINE ADJUSTMENT INVOLVING LOT 38, HARRIS' NESTUCCA BEACH SUBDIVISION IN FAVOR OF WILLIAM N. HITE AND SANDRA S. Fitzpatrick and dl DISCUSSION CONCERNING A BOUNDARY AGREEMENT AND CONVEYANCE FROM WILLIAM N. HITE AND SANDRA S. FITZPATRICK FOR A PROPERTY DESCRIBED AS LOT 38. HARRIS' NESTUCCA BEACH: Mr. Levesque said this has been an ongoing matter for some time. He provided a background about how the drainage ditch we believed was on county property is not located on our property as revealed by a recent survey by the county surveyor. We had even leased the ditch decades ago under a 10-year lease, now expired, when we believed the ditch was on county property. The location problem is related to the fact that the county lot is the last one at the boundary of the subdivision and this subdivision was never tied by survey to the adjoining subdivision. Now that such a survey has been completed, the county-owned property is much smaller and the owner to the north has

MINUTES -TILLAMOOK COUNTY BOARD OF COMMISSIONERS' BOARD MEETING- Wednesday, November 21, 2012 Page4

his kitchen encroaching on the county property. The board previously agreed that if the two adjoining owners paid all costs and fees for a partition and the owner to the south granted the county access to the drainage ditch, the county would enter into a boundary line adjustment and conveyance that would essentially eliminate the county ownership except for a right of access to the drainage ditch, since this ditch drains the county road and the properties to the east. This item will be carried forward to the 10:00 a.m. meeting.

e) DISCUSSION CONCERNING AN OREGON DEPARTMENT OF TRANSPORTATION STATE TRANSPORTATION INFRASTRUCTURE PLAN ISTIPI GRANT APPLICATION FOR THE CLOVERDALE WAYSIDE: Mr. Levesque reminded the board about the existing FlexFund grant that is providing funds for final design, environmental reviews, permitting, construction drawings, and bid documents for the Cloverdale Wayside project. The matter presently before the board is an application for construction funding. The total construction cost will be finalized before submitting the application on November 26, 2012, but is currently estimated at $464,854. Although the county is the applicant, the grant will be co-sponsored by ODOT, the Tillamook County Transportation District, and the Pacific City - Nestucca Valley Chamber of Commerce. There is a 10.27% matching fund requirement for a total of $47,740. Although Larry McKinley at the Oregon Department of Transportation (ODOT) said ODOT is unable to commit to a match or other funding at this time, if the project is funded, they will likely contribute some amount at that time since $85,000- 105,000 of the total project costs are for direct on-highway improvements. Consequently, the $47,740 in match will include $6,180 from the Transportation District, $5,390 from the Chamber by providing four benches and three picnic tables, and the balance from the county. As to the county's portion, Mr. Levesque proposed that $12,000 be provided in-kind from project administration. Any funds that are not offset by a later contribution by ODOT will be provided from the planned sale of some surplus park property. In the past, the county has taken at least a 10 percent administrative fee from such sales. After some discussion, there was board consensus that such an administrative fee might not be consistent with the legal requirements that sale proceeds be used for parks. Consequently, the use of the sale proceeds to fund the remaining county cash match would be justified since the Cloverdale Wayside is dedicated as a County Park. If the grant is awarded, the State Transportation Infrastructure Plan (STIP) funds would not become available unti12016. This item will be carried forward to the 10:00 a.m. meeting.

fl DISCUSSION CONCERNING AN ORDER IN THE MATTER OF CANCELLATION OF THE TAX LAND INSTALLMENT CONTRACT WITH MARTIN E. J. BUKOVSKY, JR. FOR NONPAYMENT: Mr. Levesque outlined the terms of the 2007 sale to Mr. Bukovsky, who stopped making payments in 2009 and has stated he no longer wishes to continue making payments. The statute provides for cancellation by board order in such cases. Mr. Bukovsky would not be entitled to any refunds. It has been about ten years since the county has had to cancel a county land sale contract. This item will be carried forward to the 10:00 a.m. meeting.

MINUTES -TILLAMOOK COUNTY BOARD OF COMMISSIONERS' BOARD MEETING- Wednesday, November 21, 2012 Page 5

OTHER: Mr. Leveque updated the board on its direction to staff to work with Mr. Reeder in carrying out the recommendation of the BayOcean Task Force for a monument out on the peninsula commemorating the location of the former town site. Mr. Levesque said that Liane Welch was willing to waive the $1,000 encroachment permit fee and had no objection to a monument in the platted street right-of-way since streets would never be constructed. Mr. Levesque also reported that the building official would be requiring engineered drawings for the monument base and the Planning Department would require land use approvals. The board asked Mr. Boyd to explore options that were practical under the circumstances; he agreed to do so.

Mr. Levesque reported that he had talked with Howard Goodman who was agreeable to having the commemorative monument, currently in the right-of-way on the Cloverdale Bridge relocated onto his property.

ITEM NO. 12: STAFF REPORT: al SUGGESTION BOX: Sue Becraft said there were no suggestions in the box.

OTHER: The County Road Advisory Committee (CRAC) has six positions expiring, and all are willing to be reappointed. All attend routinely. The board did not object to the reappointments; an Order will be prepared.

b) DISCUSSION CONCERNING NEW COMMISSIONER ORIENTATION: Ms. Becraft described what was currently being done. We will begin forwarding emails to Bill Baertlein.

OTHER: Mr. Boyd said he attended the Association of Oregon Counties' planning meeting and was elected as District 7 representative. He discussed the group meeting in August at Cape Kiwanda. He is working with staff. He has begun outreach with the cities and department heads.

ITEM NO. 13: BOARD CONCERNS- NON-AGENDA ITEMS: There were none.

ITEM NO. 14: PUBLIC COMMENTS: There were none.

There being no further business Chair Josi adjourned the meeting at 9:48a.m.

MEETING

COMMISSIONERS PRESENT: Tim Josi, Chair Mark Labhart, Vice Chair Charles J. Hurliman, Commissioner

MINUTES - TILLAMOOK COUNTY BOARD OF COMMISSIONERS' BOARD MEETING- Wednesday, November 21, 2012 Page 6

STAFF PRESENT: Paul Levesque, Chief of Staff William K. Sargent, County Counsel

STAFF PRESENT FOR PORTIONS OF THE MEETING: Michael Soots, Director, Information Systems; and John Boyd, Director, Community Development

GUESTS: Bill Baertlein

CALL TO ORDER: By Chair Josi at 10:04 a.m. in Commissioners' Meeting Room A.

ITEM NO. 1: WELCOME & REQUEST TO SIGN GUEST LIST: Chair Josi welcomed everyone and reminded them to sign the guest list.

ITEM NO. 2: PUBLIC COMMENTS - NON-AGENDA ITEMS: Chair Josi introduced John Boyd, the new Community Development Director, who then provided his background and experience. The board welcomed him. Commissioner Hurliman felt he had a good background.

UNSCHEDULED: Mr. Levesque stated that a Statewide Transportation Improvement Program (STIP) application has been drafted. This would provide construction funding for the Cloverdale Wayside that is currently in final design under an ODOT Flex Fund grant. He said the design firm, David Evans & Associates, is assisting with this application which is due Monday, November 26. The project cost is $466,000.

A motion was made by Vice Chair Labhart to execute the STIP application for construction funding for the Cloverdale Wayside. The motion was seconded by Commissioner Hurliman. The motion carried with three aye votes.

ITEM NO.3: LIQUOR LICENSE APPLICATION FOR CHANGE OF OWNERSHIP, TRADE NAME AND OFF-PREMISES SALES FOR NESKOWIN TRADING CO.: A motion was made by Commissioner Hurliman to approve the liquor license. The motion was seconded by Vice Chair Labhart. The motion carried with three aye votes. The chair signed the application.

ITEM NO. 4: CONSIDERATION OF MODIFICATION #1 TO PROFESSIONAL SERVICES AGREEMENT #4318 WITH PARAMETRIX FOR CONSTRUCTION CONTRACT ADMINISTRATION AND CONSTRUCTION ENGINEERING AND INSPECTION PHASE OF THE ROY CREEK CULVERT REPLACEMENT PROJECT: Mr. Levesque stated that this modification is to cover additional engineering costs to help resolve additional time and materials claims submitted by the construction contractor.

A motion was made by Commissioner Hurliman to sign Modification #1 with Parametrix for Construction Contract Administration and Construction Engineering and Inspection

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MINUTES - TILLAMOOK COUNTY BOARD OF COMMISSIONERS' BOARD MEETING- Wednesday, November 21, 2012 Page 7

Phase of the Roy Creek Culvert Replacement Project. The motion was seconded by Vice Chair Labhart. The motion carried with three aye votes. The board signed the modification.

ITEM NO. 5: CONSIDERATION OF GRANT APPLICATION TO THE OREGON PARKS AND RECREATION DEPARTMENT FOR PICNIC TABLE & FIRE RING REPLACEMENT: Chair Josi said this is a multi-year program for upgrades. Our match is $25,000.

A motion was made by Vice Chair Labhart to apply for the Oregon Parks and Recreation Department grant for picnic tables and fire ring replacement. The motion was seconded by Commissioner Hurliman. The motion carried with three aye votes.

ITEM NO. 6: CONSIDERATION OF A PURCHASE OF REPLACEMENT COMPUTERS THROUGH THE WESTERN STATES CONTRACTING ALLIANCE MASTER PRICE AGREEMENT NUMBER B27159 (OREGON STATE CONTRACT #9757) BETWEEN COMPUTER TECHNOLOGY LINK (CTL) AND THE DEPARTMENT OF ADMINISTRATIVE SERVICES: Mr. Soots said this is part of our budgeted replacement cycle through the state purchasing agreement. It is a good price.

A motion was made by Vice Chair Labhart to purchase replacement computers through the Western States Contracting Alliance Master Price Agreement Number 827159. The motion was seconded by Commissioner Hurliman. The motion carried with three aye votes. The chair signed the contract.

ITEM NO. 7: CONSIDERATION OF TWELFTH AMENDMENT TO 2011-2013 INTERGOVERNMENTAL AGREEMENT #135577 (COUNTY #4264) WITH THE OREGON HEALTH AUTHORITY FOR THE FINANCING OF PUBLIC HEALTH SERVICES: Mr. Levesque said this provides $857,697 for continuing existing programs.

A motion was made by Commissioner Hurliman to sign the Twelfth Amendment to Intergovernmental Agreement #135577 with the Oregon Health Authority for the Financing of Public Health Services. The motion was seconded by Vice Chair Lab hart.

There was discussion about whether this would go through the Coordinated Care Organization (CCO).

The motion carried with three aye votes. The chair signed the amendment.

ITEM NO. 8: CONSIDERATION OF AN INTERAGENCY AGREEMENT WITH TILLAMOOK FAMILY COUNSELING CENTER TO PROVIDE POST PARTUM DEPRESSION SERVICES: Mr. Levesque said the Federally Qualified Health Center

MINUTES - TILLAMOOK COUNTY BOARD OF COMMISSIONERS' BOARD MEETING -Wednesday, November 21, 2012 Page 8

(FQHC) clinic recently was awarded a level 3 accreditation. This contract will provide a continuation of services.

A motion was made by Vice Chair Labhart to enter into the Interagency Agreement with Tillamook Family Counseling Center to provide Post Partum Depression Services. The motion was seconded by Commissioner Hurliman. The motion carried with three aye votes. The board signed the agreement.

ITEM NO.9: CONSIDERATION OF A LETTER TO THE ASSOCIATION OF OREGON & CALIFORNIA COUNTIES !O&CI AUTHORIZING COMMISSIONER CHARLES HURLIMAN TO CAST A PROXY VOTE ON BEHALF OF COMMISSIONER JOSI AT THE O&C MEETING IN EUGENE ON DECEMBER 3, 2012: Commissioner Hurliman said this is authorized by the Association of Oregon and California Counties (O&C) by­laws. Chair Josi will be unable to attend.

A motion was made by Vice Chair Labhart to sign the letter authorizing Commissioner Hurliman to cast a proxy vote on behalf of Commissioner Josi at the O&C Meeting in Eugene on December 3, 2012. The motion was seconded by Commissioner Hurliman. The motion carried with three aye votes. The chair signed the letter.

ITEM NO. 10: CONSIDERATION OF A LETTER TO THE HEBO RANGER DISTRICT CONCERNING SPECIAL USE PERMITS FOR THE USE OF TAIL HOLDS AND/OR GUY LINES: Commissioner Hurliman described a tail-hold that prevents soil damage in logging operations.

A motion was made by Commissioner Hurliman to approve a revised letter to the Hebo Ranger District concerning Special Use Permits for the Use of Tail Holds and/or Guy Lines. The motion was seconded by Vice Chair Labhart. The motion carried with three aye votes. The board will sign a revised letter.

ITEM NO. 11: CONSIDERATION OF AN ORDER IN THE MATTER OF A BOUNDARY LINE ADJUSTMENT INVOLVING LOT 38, HARRIS' NESTUCCA BEACH SUBDIVISION IN FAVOR OF LISA CHRISTINE GREIF AND LAURA LYNN GREIF and ITEM NO. 12: CONSIDERATION OF A BOUNDARY AGREEMENT AND CONVEYANCE FROM LISA CHRISTINE GREIF AND LAURA LYNN GREIF FOR A PROPERTY DESCRIBED AS LOT 38, HARRIS' NESTUCCA BEACH and ITEM NO. 13: CONSIDERATION OF AN ORDER IN THE MATTER OF A BOUNDARY LINE ADJUSTMENT INVOLVING LOT 38, HARRIS' NESTUCCA BEACH SUBDIVISION IN FAVOR OF WILLIAM N. HITE AND SANDRA S. FITZPATRICK and ITEM NO. 14: CONSIDERATION OF A BOUNDARY AGREEMENT AND CONVEYANCE FROM WILLIAM N. HITE AND SANDRA S. FITZPATRICK FOR A PROPERTY DESCRIBED AS LOT 38. HARRIS' NESTUCCA BEACH: A motion was made by Commissioner Hurliman to approve the Boundary Agreements and Conveyances with William N. Hite

MINUTES- TILLAMOOK COUNTY BOARD OF COMMISSIONERS' BOARD MEETING- Wednesday, November 21, 2012 Page 9

and Sandra S. Fitzpatrick and with Lisa Christine Greif and Laura Lynn Greif as well as Order #12-065 and Order #12-066. The motion was seconded by Vice Chair Lab hart.

Vice Chair Labhart and Commissioner Hurliman thanked Mr. Levesque for his work on this.

The motion carried with three aye votes. The board signed both Boundary Agreements and Conveyances as well as Order #12-065 and Order #12-066.

ITEM NO. 15: CONSIDERATION OF AN ORDER IN THE MATTER OF CANCELLATION OF THE TAX LAND INSTALLMENT CONTRACT WITH MARTIN E. J. BUKOVSKY. JR. FOR NONPAYMENT: Mr. Levesque indicated that this parcel was sold under a monthly county land sale installment contract in 2007 for 20 percent down with the balance due over five years at 1 0 percent interest. The buyer made payments until 2009 but has since been in default. The buyer has indicated that he no longer wants to make payments. This order will cancel the contract and be served on the buyer. It will become final after an appeal period expires.

A motion was made by Commissioner Hurliman to sign Order #12-067 in the matter of cancellation of the Tax Land Installment Contract with Martin E. J. Bukovsky, Jr., for nonpayment. The motion was seconded by Vice Chair Lab hart. The motion carried with three aye votes. The board signed Order #12-067.

ITEM NO. 16: BOARD CONCERNS- NON-AGENDA ITEMS & ANNOUNCEMENTS: Vice Chair Labhart said that Third Street is now open to two-way traffic and asked that the public support those businesses.

Commissioner Hurliman talked about the bomb threat to the courthouse Monday and follow up that will be done.

Vice Chair Lab hart thanked the Tillamook Public Utility District (PUD) for its action during the wind storm. They are restoring power to 12,000 customers. He also thanked the Public Works Department and its ongoing efforts.

ITEM NO. 17: PUBLIC COMMENTS: There were none.

Chair Josi read the announcements.

Iff

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MINUTES - TILLAMOOK COUNTY BOARD OF COMMISSIONERS' BOARD MEETING- Wednesday, November 21, 2012 Page 10

There being no further business Chair Josi adjourned the meeting at 11 :36 a.m.

RESPECTFULLY SUBMITTED this /3f"aay of 0 ~ .,_~,.._}, e ,-

County Clerk: Tassi O'Neil

S? .. . --..,...,_ ~ ?> 0 ,. • t -&: Susan Becraft, Recording Se etary

& Special Deputy

APPROVED BY:

1.:'1"' ~o\-;:lAt ice Chair

'2012.

Friday -1:00 p.m. Monday-7:00p.m. Thursday- 9:30 a.m.

NOTICE OF BOARD WORKSHOP AND BOARD MEETING of the

TILLAMOOK COUNTY BOARD OF COMMISSIONERS Also sitting as the Board of the

SOLID WASTE SERVICE DISTRICT, THE 4-H AND EXTENSION SERVICE DISTRICT

AND COUNTY ROAD DISTRICT to be held

Wednesday, November 21, 2012

Workshop at 8:30 a.m. Commissioners' Meeting Room B

County Courthouse, 201 Laurel Avenue, Tillamook, Oregon

Board Meeting at 10:00 a.m. Commissioners' Meeting Room A

County Courthouse, 201 Laurel Avenue, Tillamook, Oregon

BOARD OF COMMISSIONERS

Tim Josi, Chair E-mail: tjosi@co.tillamook.or.us

Mark Labhart, Vice-Chair E-mail: mlabhart@co.tillamook.or.us

Charles J. Hurliman, Commissioner E-mail: churlima@co.tillamook.or.us

201 Laurel Avenue Tillamook, Oregon 97141

Phone: (503) 842-3403 FAX: (503) 842-1384

ANY QUESTIONS? Contact Pau1Levesque(503)842-1809

E-mail: plevesqu@co.tillamook.or.us

COUNTY WEBSITE: http://www.co.tillamook.or.us

WATCH THIS MEETING ONLINE: tctvonline.com OR ON TV: TCTV Channel 4

Saturday- 3:30 a.m. Tuesday-10:00 p.m.

Sunday- 7:00 p.m. Wednesday- 7:00 a.m.

NOTE: The Board of Commissioners reserves the right to recess to Executive Session as may be required at any time during this meeting, pursuant to ORS 192.660(1 ).

NOTE: The Tillamook County Courthouse is accessible to persons with disabilities. If special accommodations are needed for persons with hearing, visual or manual impairments who wish to participate in the meeting, please contact (503) 842-3403 at least 24 hours prior to the meeting so that the appropriate communications assistance can be arranged.

AGENDA

WORKSHOP

CALL TO ORDER: Wednesday, November 21, 2012 8:30a.m.

1. Welcome & Request to Sign Guest List

2. Public Comment- Non-Agenda Items

3. Public Works Report/Liane Welch a. Discussion Concerning Modification #1 to Professional Services Agreement #4318 with

Parametrix for Construction Contract Administration and Construction Engineering and Inspection Phase of the Roy Creek Culvert Replacement Project

b. Discussion Concerning Recommendations for Solid Waste Advisory Committee Appointments/David McCall

4. Discussion Concerning Grant Application to the Oregon Parks and Recreation Department for Picnic Table & Fire Ring Replacement/Del Schleichert

5. Discussion Concerning a Purchase of Replacement Computers through the Western States Contracting Alliance Master Price Agreement Number B27159 (Oregon State Contract #9757) between Computer Technology Link (CTL) and the Department of Administrative Services/Michael Soots

6. Discussion Concerning Twelfth Amendment to 2011-2013 Intergovernmental Agreement #135577 (County #4264) with the Oregon Health Authority for the Financing of Public Health Services/Tammy Hickman

7. Discussion Concerning an Interagency Agreement with Tillamook Family Counseling Center to Provide Post Partum Depression Services/Tammy Hickman

8. Discussion and Consideration of Out-of-State Travel Request for Erin Oldenkamp to attend the Primary Care Pediatrics Conference from December 5-7, 2012 in Boston, Massachusetts/Tammy Hickman

9. Discussion Concerning a Letter to the Association of Oregon & California Counties (O&C) Authorizing Commissioner Charles Hurliman to Cast a Proxy Vote on Behalf of Commissioner Josi at the O&C Meeting in Eugene on December 3, 2012/Charles Hurliman

10. Discussion Concerning a Letter to the Hebo Ranger District Concerning Special Use Permits for the Use of Tail Holds and/or Guy Lines/Charles Hurliman

11. Chief of Staff Report/Paul Levesque a. Discussion Concerning an Order in the Matter of a Boundary Line Adjustment Involving Lot 38,

Harris' Nestucca Beach Subdivision in Favor of Lisa Christine Greif and Laura Lynn Greif b. Discussion Concerning a Boundary Agreement and Conveyance from Lisa Christine Greif and

Laura Lynn Greif for a Property Described as Lot 38, Harris' Nestucca Beach c. Discussion Concerning an Order in the Matter of a Boundary Line Adjustment Involving Lot 38,

Harris' Nestucca Beach Subdivision in Favor of William N. Hite and Sandra S. Fitzpatrick d. Discussion Concerning a Boundary Agreement and Conveyance from William N. Hite and

Sandra S. Fitzpatrick for a Property Described as Lot 38, Harris' Nestucca Beach

e. Discussion Concerning an Oregon Department of Transportation State Transportation Infrastructure Plan (STIP) Grant Application for the Cloverdale Wayside

f. Discussion Concerning an Order in the Matter of Cancellation of the Tax Land Installment Contract with Martin E. J. Bukovsky, Jr. for Nonpayment

12. Staff Report/Sue Becraft a. Suggestion Box b. Discussion Concerning New Commissioner Orientation

13. Board Concerns- Non-Agenda Items

14. Public Comments

ADJOURN

MEETING

CALL TO ORDER: Wednesday, November 21, 2012 10:00 a.m.

1. Welcome & Request to Sign Guest List

2. Public Comment- Non-Agenda Items

CONSENT CALENDAR

3. Liquor License Application for Change of Ownership, Trade Name and Off-Premises Sales for Neskowin Trading Co.

LEGISLATIVE- ADMINISTRATIVE

4. Consideration of Modification #1 to Professional Services Agreement #4318 with Parametrix for Construction Contract Administration and Construction Engineering and Inspection Phase of the Roy Creek Culvert Replacement Project/Liane Welch

5. Consideration of Grant Application to the Oregon Parks and Recreation Department for Picnic Table & Fire Ring Replacement/Del Schleichert

6. Consideration of a Purchase of Replacement Computers through the Western States Contracting Alliance Master Price Agreement Number B27159 (Oregon State Contract #9757) between Computer Technology Link (CTL) and the Department of Administrative Services/Michael Soots

7. Consideration of Twelfth Amendment to 2011-2013 Intergovernmental Agreement #135577 (County #4264) with the Oregon Health Authority for the Financing of Public Health Services/Tammy Hickman

8. Consideration of an Interagency Agreement with Tillamook Family Counseling Center to Provide Post Partum Depression Services/Tammy Hickman

9. Consideration of a Letter to the Association of Oregon & California Counties (O&C) Authorizing Commissioner Charles Hurliman to Cast a Proxy Vote on Behalf of Commissioner Josi at the O&C Meeting in Eugene on December 3, 2012/Charles Hurliman

10. Consideration of a Letter to the Hebo Ranger District Concerning Special Use Permits for the Use of Tail Holds and/or Guy Lines/Charles Hurliman

11. Consideration of an Order in the Matter of a Boundary Line Adjustment Involving Lot 38, Harris' Nestucca Beach Subdivision in Favor of Lisa Christine Greif and Laura Lynn Greif/Paul Levesque

12. Consideration of a Boundary Agreement and Conveyance from Lisa Christine Greif and Laura Lynn Greif for a Property Described as Lot 38, Harris' Nestucca Beach/Paul Levesque

13. Consideration of an Order in the Matter of a Boundary Line Adjustment Involving Lot 38, Harris' Nestucca Beach Subdivision in Favor of William N. Hite and Sandra S. Fitzpatrick/Paul Levesque

14. Consideration of a Boundary Agreement and Conveyance from William N. Hite and Sandra S. Fitzpatrick for a Property Described as Lot 38, Harris' Nestucca Beach/Paul Levesque

15. Consideration of an Order in the Matter of Cancellation of the Tax Land Installment Contract with Martin E. J. Bukovsky, Jr. for Nonpayment/Paul Levesque

16. Board Concerns- Non-Agenda Items & Announcements

17. Public Comments

ADJOURN

BOARD MEETINGS AND ANNOUNCEMENTS

The commissioners will meet with the fairgrounds director and members of the fair board on Monday, November 19, 2012 at 11 :30 a.m. at the Rendezvous restaurant for their regular quarterly luncheon meeting.

The Tillamook County Courthouse, administrative offices in the jail and justice facility, the Road Department, Community Development, Health Department and clinics and Tillamook County Library will be CLOSED on Thanksgiving Day, Thursday, November 22. 2012. In addition, the county's holiday schedule and the AFSCME Union agreement designate the Friday after Thanksgiving as a holiday. Therefore, the county offices in the courthouse, the Road Department, Community Development, the Health Department and clinics and administrative offices in the jail and justice facility will be CLOSED on Friday. November 23. 2012, to allow employees this time off. Also, the State Circuit Court is taking a mandatory furlough and will be CLOSED on Friday. November 23. 2012. However, the Tillamook County Library will be open on Friday, November 23, 2012.

The commissioners will hold a Workshop on Tuesday. November 27, 2012 at 10:00 a.m. with John Upton for a quarterly report on Tillamook County's Retirement Plan. The workshop will be held in the human resources training room at the Tillamook County Courthouse, 201 Laurel Avenue, Tillamook.

The monthly Leadership Team Meeting of the County Board of Commissioners with the Tillamook County Elected Officials and Department Heads will be held on Monday, December 3. 1012 at 8:00a.m. The meeting will be held in the commissioners' meeting Room B in the Tillamook County courthouse, 201 Laurel Avenue, Tillamook.

The commissioners will tour the Pacific City State Airport, 6355 Pacific Avenue, Pacific City, on Wednesday, December 19. 2012 at 3:00 p.m. with the Director of the Oregon Department of Aviation to discuss the future of the airport.

The commissioners' evening board meeting schedule is as follows:

December 19, 2012 January 16, 2013 February 20, 2013 March 20, 2013 April17, 2013 May15,2013

Kiawanda Community Center County Courthouse Manzanita City Hall Kiawanda Community Center County Courthouse Manzanita City Hall

There will be no evening meeting in November. All the evening meetings will begin at 6:30 p.m. except for the December 19, 2012 meeting, which will begin at 5:00p.m.

BOARD OF COMMISSIONERS' WORKSHOP

Wednesday, November 21, 2012

Mark Labhart Tim Josi

PLEASE PRINT Name

Present Absent Present Absent Charles Hurliman ~ Paul Levesque V

Address Item of Interest

(Please use reverse if necessary)

BOARD OF COMMISSIONERS' MEETING

Wednesday, November 21, 2012

Absent Present Mark Labhart Tim Josi

Present v' Charles Hurliman

Paul Levesque ~ Bill Sargent

Absent

PLEASE PRINT Name Address Item of Interest

-.lo~ BoY-D coo

(Please use reverse if necessary)

APPENDIX B

!TILLAMOOK COUNTY 1RA VEL AUTHORIZATION

Please complete this form and obtain required signatures before traveling.

1. Name of Emoloyee/Traveler: V.va1 ['LL v.,..""'l·1 12 Date.· ID/2'1 /rZ-3. Training Related/Conftrence (lfyes, attach Agenda). T

: AirfTI~rf~ b ;q~ '({) ffi__ Yes 0 No

5. itinerary: 6a. Lodging Reservation Information: Destination (City, State): Bostnn i M .4 Hotel Name:

Address: l'J~,~~ Est. Departure Date/Time: Dec.cert'l be.r y 1 2 61 z_ '3:0():.

Phone number: \)"~\\~ Est. Return Daterrime: ~<"' ro?YV\\?er "' 2012 Confirmation Number: 7. Miscellaneous Expenses:

~ 6a. Lodging Rate:

(Identify Spec1jic Expenses: Taxis, Shuttles, Etc.) Amount per Night: $ f'lf>, a. $ . $iV'~7 tS"Je.c:o ,. .... doy IO.i'.oo Tax per Night: $

b. $ :Po..r~rl(.A 'Pf))(. -'- Total per Night: $

8. Meals: -o (please check which rates you ru~ using) Number ofNighls: X Daily Meal Rate without receipts (See policy): 8 Total Lodging: $

CONUS .-ate with detailed receipts and accounting: 10. Cost of Trip:

~ 61~ ~ #ofMeals x Rate Total A irfare/Rai I fare: Breakfast: $

\\~ Lodging: •

Lunch: $ Meal Per Diem: $

9"'·"'y Dinner: $ Personal Car Miles: $ Total Meals: $ Training/Conference Cost: $ '57 5 ."'0

9. Personal Car Miles IRS Rate Total / Miscellaneous: $ .lo~.co ~

Total miles round trio: l/O.H x .s~ $ ~ 1'1. 'i& Total Not To Exceed: $ ,~ 8 11. Purpose of Trip (Be Specific}:

~~a.... "hen . (..IV\£. .I !jt/tt(/8 ·~ ih..l~ To y--c...c.t <..v -c... V..f -+o d C\..+-e...

1 e .s CY<CLeh '-"""'

12. Approved for Advance Payment: Lodging: $ Meal Per Diem $ Personal Car Miles: $ T ota\ Advance: $

13. Emr,;;;:__ Date:

~ Jo)zct }1z 14. :;;;;;;;::~ ~ Date:

/1-1-!~ 15. Board ofCornmissil(_n~'s Signature (Required for Out-Of-State) Date:

L/"'~1-"- J (--- ").t/ (L

'I f..;;._r f ~-v~f\L_ e~ ...J 1 s (;J/._ .&~ 1-, 6oc_ /{,j_[- f J....

v y- OLb~~ CAArk /

ljir~ l?k -h /..,..,.0 N K ~ ~A..~. . . ~ r- &,.)r hl~r,~

.. -....... ~. '• •... .. .. .•. -~- -- .. /} ..;:...· . (J'--cr{bJ ~~ .. /. .. ·-··· ·············-~.

8_./t?· 2 '1 % .... ... . .

·---·---·-- -- .... ---+'----

····------- ---'-'----

------ -----····-·---------·----- .-'-.:'..- -- ---- -

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$ C/6~ 8£Jt/ L/7 71-0 > . ... .... l .......... --· .... .

----- --- ---- - -- -~-- - ---- --- -- -- -

-- --~. ------ ---- -- - --- ------ ------ ---

. -------- --- ---- - - -- --- -

·- 2/p-;tJ f) .... -- ·----------------------- -'"-

Oregon Department of Transportation

MULTIMODAl TRANSPORTATION PROGRAM PROJECT APPLICATION

Submittal Approval 29. Project Sponsor Signature Authority Information-REQUIRED The Authorizing Authority identified below approved the submittal of this application on behalf of the Project Sponsor. Project sponsors other then the Oregon Department of Transportation will be required to sign an Intergovernmental Agreement (IGA) with ODOT prior to receiving any project funds. The IGA with the state will detail the requirements for the use and management of requested funds.

Authorizing Authority Name: Tillamook County Board of Commissioners

Authorizing Authority Title: '-/T_im_J_o_s·_,, _C_ha_i_r _____________ -'

D Electronic submittal was approved by the identified authorizing individual. No signature. needed if checked.

Signature: / ~d;.~ Date: /November21,2012

30. Co-Sponsor Signature Authority Information The signature below demonstrates support of this application on behalf of the Co-Sponsor:

Authorizing Authority Name: Joregon Department ofTransportation

JLarry McKinl€y, Area 1 Manager

Signature:

If you have more than o a-Sponsor, · rther Co-Sponsors' submittal authority names and titles in the box below and ask those named to provide their signatures and the date signed by their names.

O Electronic submittal was approved by the identified authorizing individuals. No signatures needed if checked.

734-2888 (9/12) Page 15 of 15 I

GRANT WORKSHEET FY 2013/2014 BUDGET L.J;'Iease check here if no salaries are

•:•:································ ··········Ff.;~:~··•·•••••· •Code···································•:··•:: ••• ••••••••••••••••••••••

funded by this grant. If the grant is . . . ,.;_.L ,.;, ····< < > funding all or part of an employees salary: ) > ····•>> > > > , :':~Z7 7 : .•·>•>>••<•••><•·>•••• · COMPLETE PAGE 2 OF THIS WORKSHEET

County Fund & Dept Receiving Grant Award Period:

132 13202 I Parks Dept. Sinking Fund Begin: 1-Jul-13

End: 31-Dec-13

!Common Name I Formal Name I I Picnic Table & Fire Ring Replacement I Picnic Table & Fire Ring Replacement Everyday name used within your department Complete formal name given to grant by funding source

PLEASE ATTACH COPY OF GRANT AWARD

Source of Funds Grant Number: Where did the funding come from? If Federal Grant: CFDA Number

Did the funds come directly to the county from the federal government? If State Grant: Number assigned by

Did the funds pass through the State of Oregon or another organization before arriving at the county? state funding source

0 Direct, federal government, dept of CFDA:

0 Indirect. federal government, dept of CFDA:

and State of Oregon, dept/division of

0 Indirect, federal government, dept of CFDA:

and another entity or organization

~Direct, State of Oregon, dept/division of Oregon Park & Recreation Department

0 Indirect, State of Oregon, dept/division of

via another entity or organization

Oother

I Total Amount of Awand: $ 77,890.00

Is this a new grant? Match Requirement Amount Is this a multiyear grant?

:=J Yes ~Yes I Yes No No X I No

How Much:

Pa men! Method: $25,964.00 IF Yes:

~ Advance p~ard Dollar Match $20,364.00 Amount Applicable to Reimbursement In-Kind (IDENTIFY below) Current Budget Year:

$5,600 in volunteer labor

Reporting Cycle $

1--Monthly

~ Quarterly Grant Administrator: Del Schleicher! Semi-Annual

1-- Annual Accounting Contact: JoAnn Woelfle

GRANT DATA

Grant Application for

Picnic Table & Fire Ring Replacement

Contact:

First Name: JoAnn

Last Name: Woelfle

Address 1: PO Box633

Address 2: null

City: Garibaldi

State: OR

Zip Code: 97118

Contact Phone: 503-322-8443

Contact Fax: 503-322-0212

Contact Email: jwoelfle@co.tillamook.or.us

County: Tillamook

Agency: Tillamook County Parks Department

Project:

Project Name: Picnic Table & Fire Ring Replacement

Funds Requested: $77,890.00

Matching Funds: $25,964.00

Total Cost: $103,854.00

Brief Project Description: Replace existing picnic tables and fire rings that are old and in need of repair with new standardized picnic tables and fire rings. Replace non-ADA picnic tables and fire rings with ADA picnic tables and fire rings in handicap accessible sites. Existing picnic tables and fire rings have outlived their life expectancy and in doing so have become a safety hazard and a liability for the public use.

Percent of Grant: 0. 7 49995185549000

Percent of Match: 0.250004814451 000

Site Name: Barview Jetty County Campground/Park

Site Acreage: 160.00

Site Town- City: Rockaway Beach

Site County: Tillamook

Site Description: Barview Jetty County Campground/Park is located 1/10 of a mile west of Hwy 1 01 and is 2 miles North of Garibaldi, OR and 1-1/2 miles South of Rockaway Beach. Barview Jetty County Campground/Park is located at the gateway to the Tillamook Bay. To the Southwest side of the park lays the Tillamook Bay North Jetty. Directly west is the Pacific Ocean and to the east is Hwy 101 Scenic Byway. Barview Jetty County Campground/Park provides 315 sites on an area of 160 acres.

Latitude: 45.574116997099999

Longitude: -123.951009214000000

Projected Start Date: July 1, 2013

Projected End Date: December 31, 2013

Supplemental:

1. COUNTY PARKS OVERVIEW- Please describe your county park system, including: a) size of park system I number of parks; b) park attendance figures, if available; c) predominant uses of county park system (camping, day use, etc.); d) location, size and major uses of the particular park associated with this grant request. : Tillamook County Parks system is comprised of over 50 sites totaling 2700 County owned acres and serves 900,000 to 1,000,000 patrons, visitors or tourists annually. There are 21 Boat Launches, 10 Day Use facilities and 6 campgrounds as well as several undeveloped sites and natural areas. The predominant use within the Tillamook County Parks system is RVffent camping followed by Day Use activities (e.g. fishing, crabbing and beach recreation). Barview Jetty County Campground/Park is located 1/10 of a mile west of Hwy 101 and is 2 miles North of Garibaldi, OR and 1-112 Miles South of Rockaway Beach, OR. Barview Jetty County Campground/Park is located at the gateway to the Tillamook Bay. To the Southwest side of the park lays the Tillamook Bay North Jetty. Directly west is the Pacific Ocean and to the east is Hwy 101 Scenic Byway. Barview Jetty County Campground/Park provides 315 sites with a potential daily population on capacity of 3408 people, plus day use, visitors, etc on an area of 160 acres.

2. PROJECT DESCRIPTION- Please describe the proposed project, including: a) where the project is located, the work to be done, who will do the work, and who will provide supervision; b) the projected start and end dates for the project. : Replace 140 existing picnic tables and fire rings at Barview Jetty County Campground/Park that are old and in need of repair with new standardized picnic tables and fire rings. Replace non-ADA picnic tables and fire rings with ADA picnic tables and fire rings in handicap accessible sites. Existing picnic tables and fire rings have outlived their life expectancy and in doing so have become a safety hazard and unservicable for the public to use. The staining and assembly of the picnic tables will be done utilizing volunteer donated labor. The installation of the picnic tables and fire rings will be done by full and part time Park staff as well as the Tillamook County Sheriff Work Crew. The project is projected to start July 1, 2013 and end December 31, 2013. Supervision will be done by Parks staff.

3. NEED I BENEFITS OF THE PROJECT- Please explain the need for, and the benefits of, the project, including: a) what local or regional needs will be met and who will the primary users of the project be? b) What social, economic or other benefits will result from the project? c) How will the project meet needs identified in the Oregon Outdoor Recreation Plan (SCORP) d) If your county has an exceptional need for a grant, such as limited parks operating budget, the lack of public camping opportunities within the county, or the overall lack of county parks and recreation areas and facilities, please explain. : Demand for access to public facilities and recreational activities has continued to grow even during these troubling economic times. Tillamook County has a successful history of working to meet the needs of its local residents as well as accommodating several thousands of patrons and visitors to the area. Tillamook County Parks System is implementing plans and working on projects helping to meet this continued growth. The

Parks Department is "self supporting" and receives no General Fund support from the County and therefore, is responsible for earning/providing all the funding required to provide for the various park facilities, e.g. camping, boat launches and recreational park and day use facilities and the like. The picnic tables and fire rings are purchased from "Inside Oregon" at the Oregon Correction Enterprises to assist in keeping funds within the State of Oregon and helping with the local economy. Barview Jetty County Campground/Park delivers a direct economic benefit to the nearby cities of Rockaway Beach, Garibaldi and Bay City as well as the community at large.

4. PLANNING AND PUBLIC INVOLVEMENT Please describe any planning and public involvement efforts that led to the selection of the project, including: a) citizen involvement through public workshops, meetings or hearings; b) involvement of county parks board or local citizens' committees; c) development of a park master plan or other county parks plans; d) other public involvement. : Tillamook County Parks Department has received support from a variety of public input/feedback. This resulted from: • Face to Face- In campground/park feedback from patrons/users • Park Advisory Committee • Parks Staff • Parks Volunteers • Local Residents/Patrons • Non Local Residents/Patrons

5. ENVIRONMENTAL ASSESSMENT Please describe any adverse or beneficial environmental impacts resulting from the project. Include answers to the following questions: a) Is the site in a flood plain or does it involve a wetland? b) Are there any threatened or endangered species on the site? c) Are there historic or cultural sites involved? d) What agencies or persons did you contact to determine environmental impacts? (Please list agencies/persons contacted). : The picnic tables and fire rings are replacing existing picnic tables and fire rings in the same locations and the locations are not changing. None of these picnic tables or fire rings will be placed in designated wetland areas. There are no threatened species, historical or cultural sites involved. Bradford Sheets with the Tillamook County Community Development Planning Department was contacted for Planning Department approval.

6. ACCESSIBILITY FOR PEOPLE WITH DISABILITIES Please answer all of the following questions about accessibility for people with disabilities: a) Does the county have an ADA Transition Plan? b) What is the topography of the project site (flat, hilly, rough, uneven, etc.)? c) What is the surface of existing or proposed parking areas? How many parking spaces are (or will be) allocated for people with disabilities? d) What is the slope and surface of any roads or trails that will be used as accessibility routes to various parts of the park? e) If you are developing campsites, what percent will be accessible? Describe the length, width, and surface material at the sites, and accessible amenities at the sites. What is the distance to the nearest accessible restroom and potable water? f) Do existing restrooms and/or shower buildings at the park meet ADA guidelines? If not, what are your plans for making them accessible? g) If you are developing new day use facilities within a campground (picnic areas, shelters, fishing docks, playgrounds etc.) how will they be made accessible? h) How does your park system address special accessibility concerns/needs for people with sight or hearing impaired disabilities? : There are designated flat, paved sites available for people with disabilities. A portion of the picnic tables for this project are ADA compliant and will be used for these sites. The fire

rings are also ADA compliant. All of the sites that are designated for people with disabilites have potable water available at the site and are located within a short distance from a restroom. All of the restrooms and shower buildings in the Campground have ADA compliant facilities.

7. SOURCE OF FUNDING Please provide additional information about the sources of funding that will be used as the local match, including the following: a) How firm is your local match - have the matching funds been committed to this project by your board or commission? b) Describe any in-kind donations (volunteer labor, donated materials, etc.) in the project. c) Discuss your agency's ability to meet long-term maintenance costs for the project. : The Tillamook County Parks Department has a Sinking Fund that is dedicated for Capital Improvements, matching funds and assistance grants. The local matching funds for this project are secure. They are available and will be budgeted in the 2013/2014 fiscal year budget and will be immediately available after July 1, 2013. All resources are available and will be for the installation and maintenance of the picnic tables and fire rings. Furthermore, the Parks Department equipment as well as full and part time employees and the Tillamook County Sheriff Work Crew as well as volunteer staffing will all be in place and ready. Volunteers donated labor will be used to stain and assemble the picnic tables. There is an estimate of 2 hours per table of volunteer labor which will be used as part of the matching funds. The remaining balance of the matching funds will come from revenue budgeted in the Parks Capital Outlay/Sinking Fund.

8. SUSTAINABILITY Describe your intent, strategies, documentation of results, and long-term management plans for sustainability in your project. : The picnic tables chosen are standardized so that replacement parts can be purchased and installed on the table frames as needed. The Parks Department is constantly striving to renovate, modernize and increase the quality, recreation utility, safety & health of the Park facilities throughout the Tillamook County Park System.

Grant Funding Request: $77,890.00

Source of Funds Amount

~~V=o=lu=nt=ee=r=L=ab=o=r==========================~~~~ =======$=5,=60=0=.0~01 Llc_a_s_h_b_ud~g~e-te_d_fr_o_m_P_a_rk_s_F_u_nd_s __________________ ~l~l ______ ~$2_0~,3-6_4_.o~ol

Total Match for Sponsor:

Total Project Cost:

$25,964.00

$103,854.00

Project Budget Worksheet

Expense Amount

140 Picnic Tables & Fire Rings II $98,910.001

140 anchors for picnic tables II $700.001

1 05 gallons stain for picnic tables II $2,441.001

Shipping cost for Picnic Tables & Fire Rings II $1,700.001

Shipping Cost for Anchors for Picnic Table II $103.001

Total Project Cost: $103,854.00

Grant Funds Requested: $77,890.00

Total Match for Sponsor: $25,964.00

TILLAMOOK COUNTY PURCHASE ORDER# 201 LAUREL AVENUE 14563 TILLAMOOK, OREGON 97141 DATE: 11/13/2012 Accounts Payable (503) 842-3401 TERMS: NET 30 Jls~ba!llr~st~a~d®~cco'".Jlltiliilila!!.!m~o~o!l.k;;;::or~.u.,s._ _______ -ISHIP VIA: BEST WAY

Land of Cheese, Trees and Ocean Breeze TAX STATUS: GOVERNMENT-EXEMPT

VENDOR: CTL Coreoration BILL I SHIP TO: TILLAMOOK COUNTY DEPT: IS

201 Lau rei Ave

Tillamook, OR 97141 REQUISITIONER: Michael

QUOTE#: 172124 DEPT CONTACT NAME: CUSTOMER#: 0000540 DEPT CONTACT PHONE: CONTRACT#: DEPT CONTACT EMAIL:

DESCRIPTION OF PURCHASE AUTHORIZED:

QUANTITY UNIT DESCRIPTION UNIT PRICE TOTAL PRICE

(30) WSCA GA700 AIO Computers & Components $31,230.00

Orpin Agreement #9757

Breakdown:

1 Sheriff- Corrections

1 Sheriff- Patrol

3 IS

8 Library

3 Parks

11 Health

3 CCF

TOTAL PRICE NOT TO EXCEED: $31,230.00

AUTHORIZED SIGNATURE: t-c;;;.. b l I )--'2, (•/L Tim Josi, Chair, Tillamook County Board of Commissioners

NOTE: No personal Reward Cards are to be run in conjunction with purchases from County funds. Per ORS 244.040

/L Corporation 3460 NW Industrial St. Portland, OR 97210 www.ctl.net (503) 646-3733

Sold To:

TILLAMOOK COUNTY ATIN: ACCOUNTS PAYABLE 201 LAUREL AVE Tillamook, OR 97141

Confirm To: wayne Crews

Customer P .0. Ship VIA

UPS GROUND

ORDERED SHIPPED BACKORD ITEM#

30 0 0 WGA650

Install Image# A6507PR064

30 0 0 CPUI2100

30 0 0 MBIDH61AGL

60 0 0 204DDR34G1333

Total Ram: 8gb (2x4gb) 30 0 0 HDK90SSD

30 0 0 CSM770

30 0 0 CDM650

30 0 0 COAW7PRO

30 0 0 MSWIN764

Components below 30 0 0 KB00015

30 0 0 WSCA

30 0 0 WSCA1

30 0 0 WSCAW4

Add DVDRW- $29.00

CTL Quote

Ship To:

TILLAMOOK COUNTY 201 Laurel Ave Tillamook, OR 97141

F.O.B.

"'~ DESCRIPTION

WSCA GA700 AIO

Tenns

Net30

INTEL 13-2100 3.1GHZ LGA 1155

INTEL DH61AGL LITE M-ITX

KINGSTON 4GB DDR3 1333 SODIMM

KINGSTON 90GB V+200 SSD 2.5"

CTL AIO M770 21.5"

SLIM DVDRW FOR M770n70T

WINDOWS 7 PRO OEM COA

WIN 7 64BIT INSTALL

LOGITECH MK320 WIRELESS KEY/MO

WSCA/NASPO Contract 827159

WSCA/NASPO Or PA#9757

WSCA/NASPO 4 YR WARRANTY NBD

Order Number: Order Date:

Ship Date:

Satesperson: Customer Number.

Page:

0172124

11!13/2012

12/28/2012

AMP

0000540

Ship From Warehouse: 001

PRICE AMOUNT

COMPONENT

COMPONENT

COMPONENT

COMPONENT

COMPONENT

COMPONENT

COMPONENT

COMPONENT

COMPONENT

COMPONENT

COMPONENT

COMPONENT

1,041.00 31,230.00

Net Order: 31,230.00

Less Discount: 0.00 Freight: 0.00

Sales Tax: ------::-:--::-::.0:::.0::_0 OrclerTotal: 31,230.00

PARTICIPATING ADDENDUM

[hereinafter "Addendum"]

For

WSCA/NASPO PC Contracts 2009-2014 WESTERN STATES CONTRACTING ALLIANCE

MASTER PRICE AGREEMENT for

COMPUTER EQUIPMENT, PERIPHERALS, AND RELATED SERVICES MASTER PRICE AGREEMENT NUMBER 827159

Between

Computer Technology Link (CTL)

[hereinafter "Contractor" or "CTL"]

and -the STATE OF OREGON, acting by and through its

DEPARTMENT OF ADMINISTRATIVE SERVICES ("DAS")

STATE PROCUREMENT OFFICE ("SPO")

[hereinafter "Participating State" or "Participating Entity' (if not a state)]

Oregon State Contract Number 9757

1. Scope

This Addendum covers the WSCA/NASPO PC Contracts 2009-2014 (Computer Equipment, Peripherals and Related Services) led by the State of Minnesota. The purpose of this Addendum is to establish an agreement to agree for the purchase of Computer Equipment, Peripherals, and Related Services in the State of Oregon by Authorized Purchasers. DAS SPO makes no representation that any purchases will be made under this Addendum and the State reserves the right to purchase the same or similar services and products from any third party. Oregon Cooperative Purchasing Program ("ORCPP") members may also be entitled to make purchases under this addendum. DAS SPO has no estimate of the volume of any of these potential purchases. This Addendum is effective upon signature by DAS SPO and receipt of all approvals as required by law ("Effective Date").

2. Participation

Use of specific WSCA/NASPO cooperative contract by state agencies, political subdivisions and other entities (including cooperatives) authorized by an individual state's statutes to use state contracts are subject to the approval of the respective State Chief Procurement Official. Issues of interpretation and eligibility for participation are solely within the authority of the State Chief Procurement Official.

1

i-

I i

3. Changes:

The attached Exhibits A and B are incorporated in this Addendum and apply to all transactions under this Addendum.

4. Continuation of Participation from WSCAINASPO PC Contracts 2004-2009:

To the extent permitted by the laws and rules of the state in which an individual participating entity is located, valid participating addenda for the WSCA/NASPO PC Contracts 2004-2009 are hereby extended to incluqe participation in the WSCA/NASPO PC Contracts 2009-2014 under the same terms and conditions in the current participating addendum.

If re-execution of a participating addendum or amendment to an existing participating . addendum is required by a participating entity, the authorization to participate in the WSCA/NASPO PC Contracts 2004-2009 is sufficient to permit participation in the WSCA/NASPO PC Contracts 2009-2014, unless specifically denied by the appropriate chief state procurements official.

5. Lease Agreements No leasing is authorized under this Addendum.

6. Primary Contacts

The primary government contact individuals for this Addendum are as follows (or their named successors):

Lead State Name: Address: Telephone: Fax: E-mail:

Contractor Name: Address: Telephone: Fax: E-mail:

Bernadette Kopischke 50 Sherburne Ave., 112 Admin Bldg, St Paul, MN 55155 (651) 201-2450 (651) 297-3996 bemie.kopischke@state.mn.us

Mike Mahanay 3460 NW Industrial St., Portland, OR 97210 (503) 776-0711 503-641-5586 mmahanay@ctlcorp.com

Participating State Name: Lena Ferris Address: 1225 Ferry Street, S.E. U140, Salem, OR 97301 Telephone: (503) 378-3001 Fax: (503) 373-1626 E-mail: Lena.Ferris@state.or.us

7. Servicing Subcontractors:

CTL will use subcontractors to provide on-site service for in-warranty products and for

2

value added services including: installation/de-installation and training and may use local business partners for local marketing support for CTL Products. The subcontractor usage described above will occur throughout the geographic area where the Master Price Agreement is in effect. Subcontractors will not be used to accept orders and payments.

The following servicing subcontractors are authorized by Contractor to perform the work described above:

All Contractor authorized business partners listed on the state's landing page on this website www.ctlcorp.com/wsca

All orders are to be issued directly to: CTL Corporation

And all payments are to be issued to: CTL Corporation

8. Compliance with reporting requirements of the "American Recovery and Reinvestment Act of 2009" ("ARRA"): If or when Contractor is notified by ordering entity that a specific purchase or purchases are being made with ARRA funds, Contractor agrees to comply with the data element and reporting requirements as currently defined in Federal Register Vol 7 4 #61, Pages 14824-14829 (or subsequent changes or modifications to these requirements as published by the Federal OMB). Ordering. entity is responsible for informing Contractor as soon as the ordering entity is aware that ARRA funds are being used for a purchase or purchases. Contractor will provide the required report to the ordering entity with the invoice presented to the ordering entity for payment. The Contractor, as it relates to purchases under this contract, is not a subcontractor or subgrantee, but simply a provider of goods and related services.

All purchase orders issued by purchasing entities within the jurisdiction of this Addendum must include the Participating State contract number: [insert appropriate number]; and the Master Price Agreement Number: 827159.

This Addendum and the Price Agreement together with its exhibHs, set forth the entire agreement between the parties with respect to the subject matter of all previous communications, representations or agreements, whether oral or written, with respect-to the subject matter hereof. Terms and conditions inconsistent with, contrary or in addition to the terms and conditions of this Addendum and the Price Agr,eement, together with its exhibits, shall not be added to or incorporated into this Addendum or the Price Agreement and its exhibits, by any subsequent purchase order or otherwise, and any such attempts to add or incorporate such terms and conditions are hereby rejected. The terms and conditions of this Addendum and the Price Agreement and its exhibits shall prevail and govern in the case of any such inconsistent or additional terms.

IN WITNESS WHEREOF,the parties have executed this Addendum as of the Effective Date.

3

CONTRACTOR: COMPUTER TECHNOLOGY LINK (CT'zV--· __ ,

By:~/+- pt._. V . - ~ _ Tille: 'j)\~TOR Of' Mtlp,(FT!f/t.. Date: 9;(1tj/2£oCf

Facsimile number: So'S-.6'-/)- S5%..6

Federal Tax Number j'$ -/ IX>Lf7 4 0 . Ore9onlStateTaxNumber C)O 4l£3 56 -2..

'

DEPARTMENT OF ADMINISTRATIVE SERVICES, STATE PROCUREMENT OFFICE

Authorized Signature Date

Approved for Legal Sufficiency

Assistant Attorney General Date

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CONTRACTOR: COMPUTER TECHNOLOGY LINK (CTL)

By: ____________________ _

Title: ______________ oate: ----~----

Facsimile number.---------

Federal Tax Number__,----------Oregon/State Tax Number ________ _

DEP:u~OF ADM~ SERVICES, STATE PROCUREMENT OFFICE

L--.. --re.ef. , e 422:< . ~y/ ~ Authbrized Signature te 7

Dianne Lancaster Chief Procurement Office Oregon State Procurement Office

Approved for Legal Sufficiency

/lp.(>rOIIPd v'/12 f?-ma ;g 1\ £,R ?jn,lti/t,

Assistant Attorney General

4

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EXHIBIT A

Changes to Western States Contracting Alliance Master Price Agreement For Computer Equipment, Peripherals and Related Services

No. 827159 State-Specific Constitutional, Statutory and Other Requirements

The parties further agree:

1. Definitions. The following terms have the meanings set forth below. Capitalized terms not defined in this Addendum have the meaning ascribed to them in the Price Agreement and its attachments and exhibits.

'Authorized Purchaser" means an agency of the State of Oregon or any ORCPP member that submits a Purchase Order to Contractor.

"Best Value Analysis" means the method of determining a contractor that will provide the best value to the State under the given circumstance and be awarded a contract

'Contract' means the agreement between Authorized Purchaser and Contractor formed by the Authorized Purchaser's issuance of a Purchase Order that incorporates by reference the terms and conditions of the Price Agreement and this Addend urn.

"ORCPP" means the Oregon Cooperative Purchasing Program, which recognizes certain agencies and organizations within the State of Oregon as authorized to purchase the goods and services available under a price agreement entered into by the State.

"Price Agreement" means the Western States Contracting Alliance Master Price Agreement for Computer Equipment, Peripherals and Related Services No. 827159 between Contractor and the State of Minnesota and its exhibits, which together with this Participating Addendum sets forth terms, conditions and requirements for purchase by Authorized Purchasers of the goods and services described therein.

'Purchase Order" means the purchase order document submitted to Contractor by an Authorized Purchaser that incorporates this Addendum by reference and specifies the quantity and type of goods or services that Contractor will provide to the Authorized Purchaser under the terms of the Price Agreement.

'State" for the purposes of this Addendum, means the State of Oregon, acting by and through its Department of Administrative Services ("OAS') or State Procurement Office ("SPO").

2. Scope. This Addendum establishes a price agreement between Contractor and State pursuant to ORS 2798.140. All goods and services offered under the Price Agreement may be procured under this Addendum, except no leasing is authorized under this Addendum. This Addendum contains additional terms and conditions specifically applicable to individual Contracts between Contractor and Authorized Purchasers.

This Addendum is not exclusive. Authorized Purchasers are free to purchase the goods and services, from any ot.her WSCA!NASPO PC Contract 2009-2014 participating addenda, and Contractor may furnish the goods and services to any third party, provided Contractor may not sacrifice the quality or availability of the goods or services provided to Authorized Purchaser pursuant to this Addendum for the benefit of another Contractor customer.

3. Terms; Purchase Orders.

3.1 Terms. The terms and conditions of the Price Agreement and its exhibits are incorporated by this reference and made a part of this Addendum and any Purchase Order issued under this Addendum. In the event of a conflict between the terms and conditions of this Addendum and the terms and conditions of the Price Agreement and its exhibits, the terms and conditions of this Addendum take precedence. Terms and

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conditions of this Addendum may not be modified by any Purchase Order or Contract unless the modification is made according to the terms of this Addendum.

3.2 Purchase Orders. Authorized Purchasers may purchase goods and services by submitting Purchase Orders to Contractor. Contractor will not accept Purchase Orders for or sell, under this Addendum, any services or goods that are not identified in the Price Agreement. The WSCA Price Agreement No. B27159 and the State of Oregon Contract No. must appear on every Purchase Order placed under this Addendum.

3.3 Effect of Purchase Orders. The State is only liable for purchases made by State of Oregon agencies that issue Purchase Orders. Other Authorized Purchasers are responsible for any purchases under Purchase Orders they issue. The State expressly disclaims any liability for purchases made by non-State agency Authorized Purchasers or any other entity.

Contractor must look solely to the Authorized Purchaser for paymentS related to Purchase Orders issued by that Authorized Purchaser

Authorized Purchasers are entitled to the warranties, rights, remedies, and benefits under the Price Agreement and this Addendum for any purchases made by such Authorized Purchasers pursuant to Purchase Orders.

Unencumbered title to any and all Products purchased under the Contract shall pass to Authorized Purchaser upon Contractor's receipt of payment.

3.4 Verification of Authorized Purchasers. Contractor is responsible for verifying that it provides goods and services under this Addendum only to Authorized Purchasers. Contractor may verify that a particular entity is an ORCPP member on-line at http://www.oregon.gov/DAS/PFSS/SPO/coop-menu.shtml .

3.5 Purchase Order Documents. Authorized Purchasers may use their own forms for Purchase Orders. State agencies may also use the general State-approved Purchase Order form referencing the Price Agreement No.B27159 and the State of Oregon Contract No. . To the extent that the terms of any form differ from the terms of this Addendum, the terms of this Addendum supersede such contrary terms. Each Purchase Order from an Authorized Purchaser that is not a State agency must contain, on the front page, the following language:

THIS PURCHASE IS PLACED AGAINST THE STATE OF MINNESOTA PRICE AGREEMENT NO. 827159 AND THE STATE OF OREGON PA NO. . THE TERMS AND CONDITIONS OF THE PRICE AGREEMENT AND THE ASSOCIATED PARTICIPATING ADDENDUM ENTERED INTO BY THE STATE OF OREGON APPLY TO THIS PURCHASE AND SUPERSEDE ALL CONFLICTING TERMS AND CONDITIONS, EXPRESS OR IMPLIED.

3.6 Selection Process. When procuring Equipment or Services under the WSCA!NASPO PC Contracts 2009-2014, Authorized Purchaser shall first determine which contractor provides the best value for the State based on the Best Value Analysis and then document its files on the process, considerations, findings, and decisions used. The Best Value Analysis may include, but is not limited to the following factors: total price, delivery, service levels, past performance, service area, and references. Contractors chosen through this selection process shall be solely Authorized Purchase~s decision. For locations with only one contractor or for Authorized Purchasers procuring less than $5,000 of Equipment or Services in a 12 month period, Authorized Purchaser may issue a Purchase Order to the contractor without a Best Value Analysis.

4. Payment Provisions. Payment is due within 30 days of the Authorized Purchase~s acceptance of goods or services provided under a Purchase Order or the date the invoice is received, whichever is later, provided, however, that Contractor may not assess any late fee until45 days after Authorized Purchaser's receipt of the invoice. Payments are subject to ORS 293.462.

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5. Funds available and authorized/non-appropriation. Without limiting the generality of Section 9 of the Price Agreement, if Authorized Pur.chaser is a State agency, the following applies: By submitting a Purchase Order that calls for delivery in the Authorized Purchaser's then current budgetary period, the Authorized Purchaser represents it has sufficient funds then currently available and authorized for expenditure to finance the casts of the Purchase Order. An Authorized Purchaser's payment of amounts under a Purchase Order attributable to goods delivered or services performed after the last day of the budgetary period in which the Authorized Purchaser issues the Purchase Order is contingent on the Authorized Purchaser receiving from the Oregon Legislative Assembly or other appropriating authority, appropriations, limitations or other expenditure authority sufficient to allow the Authorized Purchaser, in the exercise of its reasonable administrative discretion, to pay for the goods or services described in the Purchase Order.

6. Administrative Fees and Volume Sales Reports.

6.1 Volume Sales Reports; Accounting and Required Reports.

6.1.1 In addition to any repents Contractor must send to the State of Minnesota pursuant to the Price Agreement, Contractor shall submit to DAS SPO a Volume Sales Report (VSR) no later than thirty (30) calendar days from the end of each calendar quarter (for purposes of this Addendum, quarters end March 31, June 30, September 30, and December 31), which contains:

a) Complete and accurate details of the net receipts for the relevant quarterly period; b) Contractor's corresponding calculation of the VCAF due to DAS SPO for that period, and c) Such other information as DAS SPO may reasonably request.

6.1.2 Contractor shall send a VSR each quarter, whether or not there are reportable sales or any fees due to DAS SPO.

6.1.3 Required Information. Contractor shall provide the following infomnation on the VSR:

a) Contractor name b) Price Agreement No. and Oregon Contract No.

The VSR shall also provide infomnation in the following specific categories:

c) Price Agreement item number d) Recycled/non-recycled content e) Customer name (Authorized Purchaser); separately identifying each group of Authorized Purchasers- Authorized Agencies. Independent Agencies, ORCPP Participants; and also listing each Authorized Purchaser individually f) Purchase Order number g) Date ordered h) Quantity of each item number ordered (price list items) i) Unit Price j) Extended total for each item number ordered k) Total dollar amount for ending quarter

6.1.4 Report Format. Contractor shall provide VSRs in excel (.xis) format. ·Contractor must submit its first VSR to the State of Oregon's Primary Contact for review and approval prior to submission to vcaf.reportinq@state.or.us for invoicing. VSRs must be submitted electronically, preferably by email. Hard copy reports are NOT acceptable.

6.1.5 Report Receipt and Acceptance. The Contract Administrator's receipt or acceptance of any report furnished pursuant to this Addendum or sums paid hereunder shall not preclude DAS SPO from challenging the validity thereof at any time.

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6.1.6 DAS SPO reserves the right to terminate this Addendum if VSRs are not received as scheduled.

6.2 Vendor Collected Administrative Fees (VCAF).

6.2.1 VCAF Percentage on Oregon Purchases. The Vendor Collected Administrative Fee is an amount equal to one percent (1 %) of Contractor's total sales of Equipment and Services to Authorized Purchasers using this Price Agreement and Addendum during the calendar quarter. DAS SPO shall calculate the VCAF based upon the information provided by the Contractor in the quarterly VSR

6.2.2 Payment Due Date. Within thirty (30) calendar days of its receipt of the VSR, DAS SPO shall send Contractor an invoice for the VCAF. Contractor shall remit payment to DAS SPO within thirty (30) days after receipt of the invoice from DAS SPO or within ninety (90) calendar days after the end of each quarter for the calendar quarter, whichever comes first.

6.2.3 Communication/Notice. If Contractor does not receive an invoice for the VCAF within sixty (60) calendar days of Contractor's delivery of the VSR, Contractor shall send the State Contract Administrator written notice that Contractor did not receive an invoice.

6.2A Requirement to Remit VCAF Payment. Failure to submit a VSR or receive an invoice does not release Contractor from the requirement to remit required VCAF in a timely manner. Contractor remains liable for the VCAF.

6.2.5 CONTRACTOR SHALL NOT REFLECT THE VCAF FEE AS A SEPARATE LINE ITEM CHARGE TO AUTHORIZED PURCHASERS. CONTRACTOR'S PROPOSAL PRICES SHALL REFLECT ALL CONTRACTOR'S CHARGES TO AUTHORIZED PURCHASERS. Contractor is responsible for timely reporting and paymen~ regardless of the entity that actually reports or makes VCAF payment to DAS SPO.

6.2.6 Contractor shall send the payment to:

State of Oregon Department of Administrative Services Attn: State Procurement Office 1225 Ferry Street SE, U140 Salem, Oregon 97301-4285

6.2.7 Interest. Contractor shall pay interest at a rate of 18% per annum or the maximum rate allowed by law, whichever is less, on all late payments.

6.2.8 Audit. DAS SPO, at its expense (except as provided herein) shall have the right during regular business hours at Contractor's premises and upon reasonable notice, by itself or by a person authorized by it, to audit Contractor's Records, as defined herein, and other pertinent data, to determine and verify the figures reported in any VSRs furnished by Contractor. In the event that any such audit reveals underpayment of administrative fees, Contractor shaiiiMMEDIATEL Y pay the amount of the deficiency, together with interest thereon at the rate provided in Section 6.2. 7. At DAS SPO's request, Contractor shall pay the reasonable cost of the audit, but only if the audit reveals that an underpayment existed.

7. Warranties. Without limning the generality of the warranty provisions of the Price Agreement and in · addition to those provisions, Contractor represents and warrants to Authorized Purchaser that (a) Contractor has

the power and authority to enter into and perform this Addendum, (b) this Addendum and any Contract entered into hereunder, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance wtth its terms, (c) Contractor has the skill and knowledge possessed by well-informed members of its industry, trade or profession and Contractor will apply that skill and knowledge with care and diligence to perform the work in a professional manner and in accordance with standards prevalent in Contractor's industry, trade or profession, (d) Contractor shall, at all times during the tenn of this Contra~ be qualified, professionally competent, and duly licensed to perform the work, (e) all goods provided to Authorized Purchasers by Contractor shall be free

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and clear of any liens or encumbrances and shall be new and the current model, unless otherwise specified herein, (f) all goods provided to Authorized Purchasers that are not new shall perform as if new, and shall receive the benefit of all warranties provided by this Addendum and the Price Agreement, and (g) Contractor prepared its proposal related to this Contract, if any, independently from all other proposers, and without collusion, fraud, or other dishonesty.

The warranties set forth in the Price Agreement and in this section are in addition to, and not in lieu of, any other warranties provided by law or otherwise.

8. Indemnities.

8.1 General Indemnity. Contractor will defend, save, hold hamnless and indemnify the Authorized Purchaser and the State of Oregon, its agencies, subdivisions, officers, employees and agents from and against all claims, suits, actions, losses, damages, liabilities, costs and expenses of any nature whatsoever resulting from, arising out of or relating to the activities of Contractor or its officers, employees, subcontractors or agents under the Addendum.

8.2 lnfringemenflndemnity. Contractor will, at Contractor's sole expense, defend, save, hold hamnless and indemnify Authorized Purchasers, State, and any agency of the State of Oregon and all of their officers, employees and agents from and against any and all costs, damages, attorneys' fees, and any and all costs incurred in any settlement negotiation or final settlement agreement resulting from, relating to, or arising out of a claim that any aspect of the goods or services fumishad under a Purchase Order infringes a paten~ utility model, industrial design, copyright, mask work, trademark, trade dress, or any other legally cognizable intellectual property right of any third party (an "Infringement Claim').

8.3 Remedies for Infringement Claims. If any goods or services furnished by Contractor are, in Contractor's opinion, likely to become the subject of an Infringement Claim, or if an Authorized Purchaser is prevented from exercising its rights under this Addendum based on any Infringement Claim or court order arising from any Infringement Claim, then Contractor may, at its option and expense, procure for the Authorized Purchaser the right to continue using the allegedly infringing goods or services, or replace or modify the goods or services so that they become non-infringing; provided that the replacement or modified goods or service meets the specifications set forth in the applicable Purchase Order to the satisfaction of the Authorized Purchaser. If the foregoing remedies are not available, then Authorized Purchaser will return tha allegedly infringing goods or terminate the allegedly infringing services, and Contractor will refund Authorized Purchaser's payments, in full, for tine allegedly infringing goods or services.

8.4 Participation. Notwithstanding section 12.A.2 of the Price Agreement, Authorized Purchaser will have the right to have its own counsel and participate in the defense of any claim. If the Authorized · Purchaser reasonably concludes that its interests are not being properly protected, it may enter any action. Contractor may not settle any claim on the State of Oregon's behalf without the prior written consent of the Oregon Department of Justice. Further, if principles cit governmental or public law are involved, the State of Oregon may participate in the defense of any claim. Any participation of the State of Oregon pursuant to this subsection will not relieve Contractor of its obligation to save, hold harmless and indemnify the State of Oregon under this section, provided that the State of Oregon may not settle any claim or action without Contractor's prior written consent, which will not be unreasonably withheld.

9. Term and Tennination of Participating Addendum.

9.1 Effective Data. This Addendum is effective on the date that all parties have signed it and all necessary approvals are in place. This Addendum remains in effect until the earlier of (i) the expiration or termination of the Price Agreement, or (ii) termination of this Addendum in accordance with its terms.

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· 9.2 Termination of Addendum. DAS may terminate this Addendum, in whole or in part, for convenience upon 30 days prior written notice to Contractor, and DAS may terminate this Addendum, in whole or in part, immediately upon notice to Contractor, or at such later date as DAS may establish in such notice, for any reason, or upon the occurrence of any of the following events:

a) State fails to receive funding, or appropriations, limitations or other expenditure authority at levels sufficient to pay for the goods to be purchased under the Addendum; or

b) Federal or state laws, regulations or guidelines are modified or interpreted in such a way that either the purchase of goods under this Addendum is prohibited or the State is prohibited from paying for such goods from the planned funding source; or

c) Contractor commits any material breach of this Addendum.

Upon receipt of written notice of termination, Contractor will stop performance under all Purchase Orders as directed by DAS.

9.3 Termination under any provision of this Addendum does not extinguish or prejudice the State's or an Authorized Purchase~s right to enforce this Addendum or a Purchase Order with respect to Contractor's breach of any warranty or any defect in or default of Contracto~s performance that has not been cured, including any right of the State or an Authorized Purchaser to indemnification by Contractor. If this Addendum or a Purchase Order is so terminated, the State or an Authorized Purchaser will pay Contractor in accordance with the terms of this Addendum for goods delivered and accepted by the Authorized Purchaser.

10. Termination of Individual Purchase Orders.

10.1 Individual Purchase Orders may be terminated at any time by written consent of the Authorized Purchaser and the Contractor, or the Authorized Purchaser may, at its sole discretion, terminate individual Purchase Orders, in whole or in part, upon 30 days prior written notice to Contractor.

10.2 The Authorized Purchaser may terminate individual Purchase Orders, in whole or in part, immediately upon notice to Contractor, or at such later date as the Authorized Purchaser may establish in such notice, upon the occurrence of any of the following events:

a) The Authorized Purchaser fails to receive funding, or appropriations, limitations or other expenditure authority at levels sufficient to pay for the goods to be purchased under the Purchase Order;

b) Federal or State laws, regulations or guidelines are modified or interpreted in such a way that either the purchase of goods under the Purchase Order is prohibited or the Authorized Purchaser is prohibited from paying for such goods from the planned funding source; or

c) Contractor commits any material breach of this Addendum or a Purchase Order including, without limitation, failure to deliver any Equipment within thirty (30) days of receipt of a valid Purchase Order. Termination of individual Purchase Orders for failure to timely deliver any Product may proceed without further notice to Contractor or opportunity to cure.

·10.3 Upon receipt of written notice of termination, Contractor will stop performance under the Purchase Order as directed by the Authorized Purchaser.

10.4 Termination of a Purchase Order does not extinguish or prejudice the Authorized Purchaser's right to enforce the Purchase Order with respect to Contracto~s breach of any warranty or any defect in or default of Contractor's performance that has not been cured, including any right of the Authorized Purchaser to indemnification by Contractor. In addition, termination of a Purchase Order does not extinguish or prejudice the Aulhorized Purchaser's right to enforce the warranty, indemnification, governing law, venue and consent to jurisdiction provisions of this Addendum. If a Purchase Order is so terminated, the Authorized Purchaser

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will pay Contractor in accordance with the terms of this Addendum for goods delivered and accepted by the Authorized Purchaser.

11. Compliance with Applicable Law. Contractor will comply with all federal, state and local laws, rules, regulations, executive orders and ordinances applicable to this Addendum, and an Authorized Purchaser's performance under a Purchase Order is conditioned on Contractor's compliance with the provisions of ORS 2798.220, 2798.235, 2798.230. and 2798.270. In addition, Contractor warrants that the goods and services provided under this Addendum will comply with all federal Occupational Safety and Health Administration (OSHA) requirements and with all Oregon safety and health requirements, including those of the State Workers' Compensation Division. Contractor also agrees to comply with (a) Title VI of the Civil Rights Act of 1964, (b) Section v of the Rehabilitation Act of 1973, (c) the Americans with Disabilities Act of.1990 and ORS 659.425, (d) all regulations and administrative rules established pursuant to the foregoing laws, and (e) all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations.

12. Application of Public Records Law. Contractor acknowledges that any disclosures Contractor makes to Authorized Purchaser under this Addendum are subject to application of the Oregon Public Records Law, including but not limited to ORS 192.410-192.505, the provisions for the Custody and Maintenance of Public Records, ORS 192.005- 192.710, and of ORS 646.461 - 646.475. The non-disclosure of documents or of any portion of a document submitted by Contractor to Authorized Purchaser may depend upon official or judicial determinations made pursuant to the foregoing laws. Contractor will be notified prior to Authorized Purchaser's release of documents to Entities other than participating agencies or other State agencies. Contractor shall be exclusively responsible for defending Contractor's position concerning the confidentiality of the requested documents, at its own expense.

13. Recycled Products. Contractor will use, to the maximum extent economically feasible in the performance of this Addendum, recycled paper (as defined in ORS 279A010(1)(gg)), recycled PETE products (as defined in ORS 279A.010(1)(hh), and other recycled plastic resin products and recycled products (as "recycled product" is defined in ORS 279A.010(1)(ii).

14. Notices. Except as otherwise provided in a Purchase Order, any formal communications between the parties to or notices to be given under a Purchase Order will be given in writing by personal delivery of a facsimile transmission or the notice or mailing the notice, postage prepaid, at the address or number set forth on the Purchase Order. Any communication so addressed and mailed will be deemed to have been received five (5) calendar days after mailing. Any communication delivered by facsimile will be deemed to be given when a confirming report for the transmission is generated by the transmitting machine. To be effective against the receiving party, such facsimile transmission must be confirmed by telephone notice to the receiving party's authorized representative, as set forth in the Purchase Order. Any communication or notice by personal delivery will be deemed to be given when actually received by the appropriate authorized representative.

As between Contractor and State with respect to this Addendum, the authorized representatives of Contractor and state are, respectively:

CONTRACTOR: as provided in the Price Agreement

STATE: Lena Ferris 1225 Ferry St. SE, U140 Salem, Oregon 97301-4285 (503) 378-3001

15. Governing Law . . This Addendum and resulting Contracts are governed by and construed in accordance with the laws of the State of Oregon, without regard to principles of conflicts of Jaws. No resolution of a dispute by the WSCNNASPO Contract Administrator under section 40.8 of the Price Agreement shall be binding on the State of Oregon, although the State of Oregon agrees to work in good faith with the WSCNNASPO Contract Administrator in resolution of any such dispute.

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16. Jurisdiction and Venue.

16.1 State Claims. Any claim, action, suit or proceeding (collectively, "Claim") between State or any other agency or department of the State of Oregon, and Contractor, that arises from or relates to this Addendum or a Purchase Order under this Addendum, will be brought and conducted solely and exclusively in the Circuit Court of Marion County for the State of Oregon; provided, however, if a Claim must be brought in a federal forum, then it will be brought and conducted solely and exclusively in the United States District Court of the District of Oregon. CONTRACTOR, BY EXECUTION OF THIS ADDENDUM OR ACCEPTANCE OF A PURCHASE ORDER SUBMITTED PURSUANT TO THIS ADDENDUM HEREBY CONSENTS TO THE IN PERSONAM JURISDICTION OF SAID COURTS. Nothing in this section will be construed as a waiver of the State of Oregon's sovereign immunity with respect to any Claim, whether brought under State or Federal law, or in State or Federal Court.

16.2 Non-State Authorized Purchaser Claims. Any Claims between Contractor and an Authorized Purchaser other than the State of Oregon that arise from or are related to individual Purchase Orders or this Addendum will be brought and conducted solely and exclusively within the Circuit Court of the county in the State of Oregon in which such Authorized Purchaser resides or has its principal office, or at Authorized Purchase(s option, within such other county as Authorized Purchaser will be entitled to proceed under the venue laws of Oregon to bring or defend Claims. If any such Claim must be brought in a federal forum. then it will be brought and conducted solely and exclusively wHhin the United States District Court for the District of Oregon.

17. Tax Certification. Contractor represents and warrants to State that the Contractor Data and Tax Certification in the form of Exhibit 8 to the Addendum is true and accurate as of the effective date of this Addendum, and that Contractor will notify State in writing if such data or certifications change during the term of the Price Agreement such that the Exhibit B is no longer true and accurate. Each time the parties amend this Addendum, Contractor shall certify it compliance with the tax laws of the State.

18. Foreign Contractor. If Contractor is not domiciled in or registered to do business in the State of Oregon as of the effective date of this Addendum, Contractor will prompijy provide to the Oregon Department of Revenue all information required by that Department relative to the Contract. An Authorized Purchaser may withhold final payment under a Purchase.Order until Contractor has provided the Oregon Department of Revenue with the required information.

19. Independent Contractor. Contractor's services are those of an independent contractor. Contractor is not an officer, employee or agent of the State of Oregon or of any Authorized Purchaser. If Contractor is currently performing work for the State of Oregon or the federal government, Contractor by signature to this Contract, represents and warrants that: Contractor's Work to be performed under this Contract creates no potential or actual conflict of interest as defined by ORS 244 and no statutes, rules or regulations of the state or federal agency for which Contractor currently performs work would prohibit Contractor's Work under this Contract. Contractor undenstands and agrees that it is not an "officer'', "employee", or "agenf' of the Agency, as those terms are used in ORS 30.265. Contractor shall be responsible for all federal or state taxes applicable to compensation or payments paid to Contractor under this Contract and, unless Contractor is subject to backup withholding, Agency will not wnhhold from such compensation or payments any amount(s) to cover Contractor's federal or state tax obligations. Contractor is not eligible for any social security, unemployment insurance or workers' compensation benefits from compensation or payments paid to Contractor under this Contract, except as a self-employed individual.

20. Access to Records. Contractor will maintain all fiscal records relating to this Addendum and the Purchase Orders in accordance wHh generally accepted accounting principles and will maintain any other records relating to this Addendum and the Purchase Orders ('Records") in such a manner as to clearly document Contractor's performance thereunder. The State and its agencies, the Oregon SecretarY of State Audits Division and their duly authorized representatives will have access to such fiscal records and to all other books, documents, papers, plans and wrttings of Contractor which relate to this Addendum or the Purchaser Order to perform examination and audits and make excerpts and transcripts. Non-State Authorized Purchasers shall have access to only those records that relate to the Authorized Purchaser's Purchaser Orders. To the extent provided

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by law, the federal government will be entitled to the same access as the State of Oregon and Authorized Purchasers. Contractor will retain and keep accessible all such fiscal records, books, documents, papers, plans, and writings for a minimum of six years, or such longer peiiod as may be required by applicable law following final payment and termination of this Addendum, or until the conclusion of any audit, controversy or litigation arising out of or related to this Addendum, whichever date is later.

21. Severability. If any term or provision of this Addendum is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions will not be affected, and the rights and obligations of the parties will be construed and enforced as if the Addendum did not contain the particular term or provision held to be invalid.

22. Survival. Any terms of this Addendum, which by their nature are intended to survive termination or expiration including but not limited to warranty, indemnification, access to records, governing law, venue, consent to jurisdiction, termination and remedies provisions survive the termination or expiration of this Addendum.

23. Insurance. Within 15 days of execution of this Addendum, the Contractor must provide proof that the following insurance requirements have been met. No Purchase Orders may be placed or accepted until proof is provided that these requirements have been met,

Worker's Compensation. All employers, including Contractor, that employ subject workers who work under this Addendum in the state of Oregon must comply with ORS 656.017 and provide the required Workers' Compensation coverage, unless such employers are exempt under ORS 656.126. Contractor will ensure that each of its subcontractors complies with these requirements.

Comprehensive or Commercial Administrative Liability. Contractor must obtain, at Contractor's expense, and keep in effect during the term of this Addendum, Comprehensive or Commercial Administrative Liability Insurance covering bodily injury and property damage.

This insurance must include personal injury coverage and products/completed operations liability. Combined single limit per occurrence must not be less than $1,000,000, or the equivalent. Each annual aggregate limit must not be less than $1,000,000, when applicable.

Automobile Liability. Contractor must obtain, at Contractor's expense, and keep in effect during the term of this Addendum, Automobile Liability Insurance. This coverage may be written in combination with the Comprehensive or Commercial Administrative Liability Insurance. Combined Single limit per occurrence must be at least $1,000,000.

Tail Insurance. If any liability insurance coverage required under this Addendum is arranged on a 'claims made" basis, "tail" coverage will be required at the completion of this Addendum for a period of 24 months or the maximum time period the Contractor's insurer will provide, if less than 24 months.

Additional Insured. The liability insurance coverages that are required for performance of the Addendum must include the State of Oregon, the Department of Administrative Services and the State's divisions, including their officers and employees, as additional insureds but only with respect to the Contractor's activities to be performed under this Addendum.

Notice of Cancellation or Change. There must not be any cancellation, material change, potential exhaustion of aggregate limits or intent not to renew insurance coverage without ContraCtor first giving 30 days' written notice to State. Any failure to comply with the reporting nequirements, except for the potential exhaustion of aggregate limits, must not affect the coverage provided to the State of Oregon, its Department of Administrative Services and their divisions, officers and employees.

Certificates of Insurance. As evidence that the Contractor has obtained the insurance coverage required by this Contract, Contractor must fum ish Certificate(s) of Insurance to DAS. The Certificate(s) will specify all of the parties who are additional insureds (or loss payees). Insurance coverage required under this Addendum

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must be obtained from acceptable national insurance companies. Contractor must be financially responsible for all deductibles, self-insured retentions and self-insurance.

24. Anticipated Amendments. The parties may need to amend this Addendum to modify selectad terms, conditions, price(s) and types of products and services. This Addendum may be modified by written document only. OAR 125-246-0560 applies to all amendments to the Addendum.

25. Replacement Parts. Unless approved by Authorized Purchaser in writing prior to shipmen~ all replacement parts provided under this Addendum will be new and current model carrying USA OEM warranties.

26. Rush Orders. Upon request of Authorized Purchaser and at Authorized Purchaser's expense, Contractor will provide expedited delivery of in-stock Equipment in accordance with the Purchase Order.

27. Product Recalls. Contractor agrees to provide written notice to State's Primary Contact, as identified in this Addendum, within twenty (20) days of any Product recalL Such written notice shall identify the product recalled, the reason for the recall and the process for replacing the recalled product.

28. Protection of Personal Information. In addition to the data protection requirements set forth in the Price Agreement, Contractor shall comply with the Oregon Consumer Identity Theft Protection Act, ORS 646A600 -646A628. .

29. Assignment of Antitrust Rights. Contractor irrevocably assigns to State any claim for relief or cause of action which the Contractor now has or which may accrue to the Contractor in the future by reason of any violation of 15 USC §1-15 or ORS 646.725 or ORS 646.730, in connection with any Products provided to the Contractor for the purpose of carrying out the Contractor's obligations under this Addendum including, at the State's option, the right to control any such litigation on such claim or relief or cause of action.

30. Substitution of Goods. Contractor will not substitute Equipment or Products specified by Authorized Purchaser in a Purchase Order with other goods. If Equipment or Products cannot be supplied and delivered as specified in a Purchase Order, Contractor shall immediately inform Authorized Purchaser of the Equipment or Product unavailability and Authorized Purchaser will be offered the choice of terminating the Contract, accepting back order status; or consulting with the Contractor sales representative about selecting alternative Equipment or Products.

Particfpating Addendum for Computer Equipment, Petipherals, and Relatt~d Services

10

EXHIBITB

CONTRACTOR DATA AND TAX CERTIFICATION

Name (tax filing):--------

Contractor Authorized Signature:--------------------

Dare: ____________________ __

Title:----------------------------

Address: ______________________ _

Citizenship, if applicable: Non-resident alien [ 1 Yes [ 1 No Business Designation (check one): [ 1 Corporation [ 1 Partnership [ 1 Limited Partnership [ 1 Limited Liability Company [ 1 Limited Liability Partnership [ 1 Sole Proprietorship [ 1 Other:------------

Federal Tax ID#: ----- or SSN#: ----

Above payment information must be provided prior to Addendum approvaL The FEIN is requesred pursuant to the requirements of OAR 150-305.100. Social Security numbers disclosed pursuant to this authority will be used for the administration of stare, federal and local tax laws. This information will be reported to the Internal Revenue Service (IRS) under the name and taxpayer identification submitted. -(See IRS 1099 for additional instructions regarding taxpayer ID numbers.) Information not matching IRS records could subject Contractor to 31 percent backup withholding.

Certification: The individual signing on behalf of Contractor hereby certifies and swears under penalty of pe~ury: (a) the number shown on this form is Contracto~s correct taxpayer identification; (b) Contractor is not subject to backup withholding because (i) Contractor is exempt from backup withholding, (ii) Contractor has not been notified by the IRS that Contractor is subject to backup withholding as a result of a failure to report all inrerest or dividends, or (iii) the IRS has notified Contractor that Contractor is no longer subject to backup withholding; (c) s/he is authorized to act on behaff of Contractor, s/he has authority and knowledge regarding Contractor's payment of taxes, and to the best of her/his knowledge, Contractor is not in violation of any Oregon tax laws named in ORS 305.380{4); (d) Contractor is an independent contractor as defined in ORS 670.600; and (e) the above Contractor data is true and accurare.

Participating Addendum for Computer Equipment, Peripherals, and Related Servk;es

11

Tillamook County

Land of Cheese. Trees and Ocean Breeze

November 21, 2012

To Whom It May Concern:

Board of Commissioners Tim Josi. Mark Labhart Charles J. Hurliman

201 Laurel A venue Tillamook, Oregon 97141

Phone 503-842-3403 Fax 503-842-1384

TTY Oregon Relay Service

This letter authorizes Tillamook County Commissioner Charles Hurliman to cast a proxy vote on behalf of Commissioner Tim Josi at the Association of Oregon & California Counties (0 & C) annual meeting in Eugene on December 3, 2012.

Thank you for your consideration.

Sincerely,

Tim Josi, Commissioner

AN EQUAL OPPORTUNITY EMPLOYER

Tillamook County

Land of Cheese, Trees and Ocean Breeze

November 21, 2012

George Buckingham District Ranger c/o John Casteel Hebo Ranger District PO Box 235 Hebo OR 97122

Board of Commissioners Tim Josi. Mark Lab hart. Charles J. Hurliman

201 Laurel Avenue Tillamook, Oregon 97141

Phone 503-842-3403 Fax 503-842-1384

TTY Oregon Relay Service

RE: Special Use Permits for the Use of Tail Holds and/or Guy Lines

Dear Mr. Buckingham:

Upon reviewing the criteria to issue Special use Permits for the use of tail holds and/or guy lines, you are being stewards of the Siuslaw National Forest and we support such permits.

Tillamook County supports your effort to work with your industrial neighbors. With your efforts, private land owners will be able to operate logging systems that are safer, will provide beneficial deflection and result in positive outcomes for yarding systems.

Sincerely,

BOARD OF COUNTY COMMISSIONERS FOR TILLAMOOK COUNTY, OREGON

Tim Josi, Chair

G:\LETTERS\Hebo Ranger District- Tail Holds and guy Lines 2012.doc

AN EQUAL OPPORTUNITY EMPLOYER

United States Department of Agriculture

Charles Hurliman Commisioner

Forest Service

Siuslaw National Forest

Tillamook Co, Board of Commissioners 20 I Laurel Ave Tillamook, OR 97141

4077 Research Way Corvallis, OR 97333 541 750-7000

File Code: 1950-1 Date: November 5, 201

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The Hebo Ranger District ofthe Siuslaw National Forest is seeking public comment on the issuance of Special Use Permits for the use of tailholds and/or guylines on National Forest lands. The project is located within Tillamook, Lincoln, Polk or Yamhill Counties. The Responsible Official is the Hebo District Ranger. Periodically the Hebo Ranger District receives requests for the use of tailhold or guy line anchors on National Forest System lands to facilitate yarding timber on private land. Tailhold and guyline anchors involve attaching cables/straps to live trees, existing stumps or parked heavy equipment. Authorization to use tailhold trees on the National Forest requires a special use permit. I am proposing to issue up to eight special use permits per year for tailholds and guylines. Each application will be individually analyzed prior to issuance of the permit for potential effects to federal lands and resources. The following conditions will need to be met before the issuance of any permits.

I. The use will reduce adverse effects in the watershed on soils, water quality or damage to residual stands;

2. The applicant is willing to protect National Forest trees and other resources from damage and;

3. The applicant is willing to meet the terms and conditions in current biological opinions (US Fish and Wildlife Service, National Marine Fisheries Service) for activities on the Siuslaw National Forest.

The project is located within Lincoln, Tillamook, Polk and Yamhill Counties. The Responsible Official is George T. Buckingham, District Ranger.

This comment period is being provided pursuant to the March 19, 2012, judicial ruling in Sequoia ForestKeeper v. Tidwell., order issued by the U. S. District Court for the Eastern District of California in Case Civ. No. CV F 11-679 LJO DLB. The opportunity to comment ends 30 days following the date of publication of the legal notice in the Tillamook Headlight Herald. Publication of the notice is expected in the November 14, 2012 edition. This decision is subject to appeal pursuant to Forest Service regulations at 36 CFR 215. Appeals must meet the content requirements of 36 CFR 215.14. Only individuals or organizations who submitted comments or expressed an interest in the project during the comment period may appeal. Comments submitted anonymously will be accepted and considered; however, those who only submit anonymous comments will not have standing to appeal the subsequent decision under 36 CFR Part 215. Comments received through the U.S. Postal Service must be postmarked no later than the end of the 30-day comment period. All other comments, including e-mail, fax, and personal delivery must be received by COB (4:30p.m.) at the Hebo Ranger District office by the end of the 30-day

Caring for the Land and Serving People Printed on Recycled Paper 0

comment period. It is the responsibility of all individuals and organizations to ensure their comments are received in a timely manner. For electronically mailed comments, the sender should normally receive an automated electronic acknowledgement from the agency as confirmation of receipt. If the sender does not receive an automated acknowledgement ofthe receipt of the comment, it is the sender's responsibility to ensure timely receipt by other means. Written comments should be sent to George Buckingham, District Ranger, c/o John Casteel, Hebo Ranger District, P.O. Box 235 Hebo, OR 97122; or by fax at 503-392-5119; or by e-mail at: comments-pacificnorthwest-siuslaw-hebo@fs.fed.us. Written comments shall include your name, address, and (if possible) telephone number; title of the document on which you are commenting; and specific facts or comments along with supporting reasons that you believe the Responsible Official should consider in reaching a decision.

Additionally, pursuant to 7 CFR 1.27(d), any person may request the agency to withhold a submission from the public record by showing how the Freedom of Information Act (FOIA) permits such confidentiality. Persons requesting such confidentiality should be aware that, under the FOIA, confidentiality may be granted in only very limited circumstances, such as to protect trade secrets. The Forest Service will inform the requester of the agency's decision regarding the request for confidentiality, and where the request is denied, the agency will return the submission and notifY the requester that the comments may be resubmitted with or without names and addresses.

This letter advertisement serves as both a scoping notice and a notice of availability of the proposed action for the 30 day public review and comment.

Contact John Casteel at 503-392-5119 between 8:00AM and 4:00PM on weekdays for further information or to request a copy of the Scoping letter that provided specific details regarding the project.

Sincerely,

George T. Buckingham District Ranger