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2003-1053-Minutes for Meeting June 30,2003 Recorded 7/8/2003COUNTY OFFICIAL TES NANCYUBLANKENSHIP, COUNTY CLERKS IBJ 2003' 053 COMMISSIONERS' JOURNAL 1. ■i. 07/08/2003 04;06:55 PM �� t l ■� I I I■■l a u■� nuu 2003-3053 DESCHUTES COUNTY CLERK CERTIFICATE PAGE This page must be included if document is re-recorded. Do Not remove from original document. Deschutes County Board of Commissioners 1130 NW Harriman St., Bend, OR 97701-1947 (541) 388-6570 - Fax (541) 388-4752 - www.deschutes.org MINUTES OF ADMINISTRATIVE LIAISON DESCHUTES COUNTY BOARD OF COMMISSIONERS MONDAY, JUNE 309 2003 Administration Building - 1130 NW Harriman St., Bend Present were Commissioners Dennis R. Luke and Tom De Wolf; Commissioner Michael M. Daly was out of the office. Also present was Mike Maier, County Administrator. At various times during the meeting, the following people were in attendance: Susan Ross, Commissioners' Office; Gary Smith, Mental Health Department; Marty Wynne, Finance Department; and Rick Isham and Mark Amberg, Legal Counsel. No representatives of the media or other citizens were in attendance. The meeting began at 1: 30 p. m. 1. Discussion Regarding the Crisis Resolution Center. Various issues regarding the CRC were discussed. (A list of the items discussed, as well as the funding matrix and other documents, are attached as Exhibit A) Rick Isham explained that an LLC is proposed to handle the operating agreement for the Crisis Resolution Center, since there can be no direct partnership between the hospital and the County. This eliminates any potential partnership liability. A seven -member board will make decisions that do not cost money, generally overall operations, with the ability to comment on the budget. Two County representatives and two hospital representatives would make financial decisions and work on the annual budget. Minutes of Administrative Liaison Wednesday, June 25, 2003 Page 1 of 3 Pages The LLC is a shell for communications and can contract with Cascade Health Services on the management agreement. The LLC would not deal with daily operations. The LLC agreement is finished, and has been signed by the hospital. The entity will be tax-exempt until such time as it makes money. However, the construction management agreement has not been completed, as the County representatives have not been named. CORHA (Central Oregon Regional Housing Authority) is building Horizon House; Mr. Isham recommends that they also build the CRC. The hospital has already paid for architectural plans through CORHA. The state needs to approve the construction management agreement, and wants the County to build the CRC. The contract could be changed to have CORHA act as an employee of the County to do the construction management. Marty Wynne asked if one contractor could build both buildings. Mr. Isham explained that the CRC and Horizon House are funded separately, and both require independent bids. Contractors will be able to bid on both, but to get both projects the bids would have to be the lowest in both instances. A mandatory pre-bid meeting will be held, and attendance will be required. There will be some coordination issues if there are two different contractors. Susan Ross added that there would be one bid package with two separate bid proposals. CORHA will be able to put together a construction budget; Mike Maier suggested that Marty Wynne speak with CORHA in this regard. Commissioner Luke indicated that the LLC agreement and the County's appointments to the LLC be named at the July 9 Board meeting. Rick Isham pointed out that he feels a 10% management fee is too high; Marty Wynne agreed that it is too arbitrary. Mike Maier added that it is not based on actual costs, and what they do for this money has not been demonstrated. Mr. Wynne said that he would make sure this is discussed, and will report back to the Board. 2. Discussion Regarding Notice to Humane Societies. Mike Maier said that Laurie Craghead is working on this issue. Commissioners Luke and DeWolf indicated that notice should be given in two weeks, as this will help the situation to be cleared up more quickly. Minutes of Administrative Liaison Wednesday, June 25, 2003 Page 2 of 3 Pages 3. Update regarding Promissory Note. Susan Ross explained that, per the Board's direction, a promissory note has been developed for Wendy Every to sign, in the amount of $5,600 at 5% interest, over 48 months. Ms. Ross will meet with Ms. Every next week. Commissioners Luke and DeWolf gave their approval. 4. Update of County Projects. Susan Ross indicated that the cost of the pavers as discussed previously would be available next week. Mark Amberg joined the meeting at this time; the administrative liaison adjourned and the Board went into Executive Session, under ORS 192.660(1)(i), a personnel issue. Being no further items brought before the Board in its administrative liaison, the meeting adjourned at 3:15 p.m. DATED this 301h Day of June 2003 for the Desc tes County Board of Commissioners. D nnis R. Lu e, Chair Tom DeWol , issioner ATTEST: Michael M. Daly, Commissioner Recording Secretary Minutes of Administrative Liaison Wednesday, June 25, 2003 Page 3 of 3 Pages AGENDA FOR CRC UPDATE TO BOARD June 30, 2003 1. Purpose and Status of Various Agreements • LLC/Operating Agreement (County/CHS) • MOU Regarding Construction Funding (County/CHS) • Management Services Agreement (LLC/CHS) • Construction Management Agreement (County/CORHA) • Lease (CORHA/CHS) • Sublease (CORHA/LLC) 2. Construction Timeline 3. Other Issues • Possible Construction Funding Shortfall • Business Loan for Construction • $200,000 Deficit Funding • CHS Management Fee • LLC Managing Board Appointments Exhibit A Page 1 of 27 Knwml Am Exhibit A 0 0 Ln O O N LU) O mmmm 69 C C O in O Ca H a O L LL O O w m LL a N LL _ J Z of Page 2 of 27 0 0 0 00 0 00 0 0 0 0 0 Ct 0 0 0 0 C O O M O LA Ui V) O O 00 O0 r N 1� O O e - N ti 69 69 W 69 69 Ef), 69 69 IA O O O O O O O ' 1 O O 0 O O O U') Ln Ln O w (O (p 64 N M N N N N N N N N M O O O O OO O O O O O O o Q O L .OL O O Z CO 0 0 U 2 0 0000 ao Q Zo 0 o ' Z Z o 0 0 C N (6 C C N () L 0) L (D L 0) C E-5 E 0 Q EC C V U V O O O 0 (� Z O O O O O O O O O O O O CO: CO) O O 00 O O O O O O O O O O O O O O O O O O O O O O0 O0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O O O O O O O O O O O O O O O O O O O O O O O O O 0 0 O O O Ln O LO Ln N to 0 O Ln O O O 1- O .-- O Ln — N I-- N O O O LO f - N (D r- e- M C7 N r N 601601 69 69 E/3 6F? 69 69 d4 69 69 69 69 69 69 ffl 69 N C y QN d C C O E w Q C O ca C 0 N C C N C0 O > 0 Z O= w, " C ca 'O W N 0?— O O cO=_ OOZ U-0=m*r-= O C N N 4 jcm N OC V =U0C 7 � ` 0-00 °"�O 5 w o�o Cj V w U L d iOm O Y_ p N J (Q C E V C ( � E(A N N ON 0 O O O N O 2 N O L 4) a) m OO D UmUUmU cUO) UUUUZU0UtL ca CDU -F - Exhibit A 0 0 Ln O O N LU) O mmmm 69 C C O in O Ca H a O L LL O O w m LL a N LL _ J Z of Page 2 of 27 PINNACES ARCH ITECTU RE P.O. BOX 1845, BEND, OR 97709 PH.: (541)388.9897 FAX: (541) 388-5167 MEMO PROJECT., Crisis Center — Bend, Oregon TO: Robin Henderson St. Charles Medical Center FROM: Mark Rossi «0 RE: Design Development Estimate ARCHITECT'S PROJECT #. 0102. COR.2 FILE. DATE: January 5, 2003 FAX #: 385-6372 PHONE #: 322-2791 Attached you'll find the construction cost estimate. It totaled $1,346,672.00, this doesn't include land, attorney fees, architectural and engineering fees, permits, or city service development fees. See below for total estimated project costs. Construction Project Costs $1,368,952.00 Architectural Fees $58,600.00 Engineering Fees(Surveyor, Traffic, & Geo -Tech) $15,000.00 Attorney Fee $2,500.00 Permits & Plans Review $8,000.00 Service Development Fees $90,000.00 Partition & Site Plan Fees $4,500.00 Fire Flow Analysis $500.00 S ecialInspections $1,200.00 Land Cost Unknown $0.00 Contingency 5% $77,463.00 Total Estimated Project Costs $1,626,715.00 If you have any questions please feel free to call. Page 1 of 1 JADOCUMENTS AND SETTINGS\GREGCAN\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLK94C\050903CRCESTIMATE.DOC Exhibit A Page 3 of 27 6/30/2003 PAGE 1 TGri Exhibit A Page 4 of 27 Crisis Center Pinnacle Todays date: 06/30/03 R1 ESTIMATE SUMMARY At Schematic Design 7/1/02 Crisis Center - Bend, Oregon 9,068 square feet Division: Description Total 2000 Sitework $268,421 2000 Rock allowance & Street Improvement $30,000 3000 Concrete $65,040 4000 Masonry $10,354 5000 Metals $1,590 6000 Carpentry $152,329 7000 Moisture Protection $40,069 8000 Doors and Windows $111,234 9000 Finishes $108,180 10000 Specialties/Equipment $7,300 11000 Kitchen Allowance (8 resid appliances) $10,000 11000 Fireplace Allowance $3,500 15000 Mechanical $177,378 16000 Electrical $111,856 Subtotal $1,097,251 Division 01000 at 7% $76,808 Overhead, Profit & Bond at 6% $70,444 Contingency @ 10% $124,450 Current prices - no inflation (3%/yr) included Add Inflation Projected Average Bid J1,368,952 6/30/2003 PAGE 1 TGri Exhibit A Page 4 of 27 9 To: C " Can pcIA From: Marty Wynne Date: 6/3/2003 Re: Approved Budget Enclosed is your Fund/Department budget as approved by the Budget Committe last month. This approved budget will be submitted to the Board of County Commissioners for adoption at its June 25, 2003 meeting. a If you have any questions, please contact Jeanine Faria or me. 0•C 0•c 570,812.00 + 525,0J0.00 - 79,407.00 + 45'312.00 T 225,OJ0.0;0 + © 290 ,i)O)-0) + 45,812.00 - ® 45,812.00 + 640,219.00 + 6Z+0,219a00 T 594,407°00 T 0•C 594,407.00 + 390,000.0: 100,000.00 + � �Z o7C�0oS5��/e h•�1�h/1�o'h� �h�S� � 304, 407-0; - ��rn� 0-00 T Exhibit A Page 5 of 27 STATE OF OREGON COMMUNITY DEVELOPMENT BLOCK GRANT GRANT CONTRACT This Grant Contract is made and entered into by and between the State of Oregon, acting by and through its Economic and Community Development Department ("State"), and «the»«Recipient» ("Recipient"). The reference number of this grant is <<ProjectNumber». RECITALS WHEREAS, the Oregon Community Development Block Grant ("CDBG") Program is funded in part by community development block grants ("federal grants") from the U.S. Department of Housing and Urban Development ("HUD"); WHEREAS, these federal grants and subgrants of these federal grants are subject to Title I of the Housing and Community Development Act of 1974, 42 U.S.C. §§5301-5321 (1994) ("the Act"), the regulations promulgated pursuant thereto, 24 C.F.R. §570.1-.5 (1997), ORS §285A.075 (1997), and OAR 123-080-0000 to 123-080-0050 (1998), all as may be amended from time to time; WHEREAS, the State has reviewed the Recipient's application, submitted on <<Submdate» (the "Application") and determined the Project, as hereinafter defined, is feasible and merits funding; NOW, THEREFORE, the parties agree as follows: L Contract. This Grant Contract shall include the following, which, in the event of inconsistency between any of the terms, are to be interpreted in the following order of precedence: A. this Grant Contract without any Exhibits; B. Special Conditions of Award, attached as Exhibit B;, C. Notice of Grant Award, attached as Exhibit A; D. Recipient's Certification of Compliance with State and Federal Laws and Regulations, attached as Exhibit C; E. A description of the project approved by the State (the "Project"), attached as Exhibit E; F. Approved Project budget showing breakdown of sources of funds, attached as Exhibit D. This exhibit supersedes the Project budget submitted in the Recipient's Application; and G. Recipient's Application (which is by this reference incorporated herein). 2. Grant. In reliance upon the Recipient's Application and Certification of Compliance with State and Federal Laws and Regulations as described in Exhibit C, the State agrees to provide the Recipient funds in the amount of $«Grant», the use of which shall be expressly limited to the Project and the activities described in Exhibit E. The use of these funds shall also be subject to the approved Project budget in Exhibit D and the Special Conditions in Exhibit B, if any. Program Development\CDBG CRC Exhibit A Page 6 of 27 Grant Contract Page 2 of 8 Subject to the terms and conditions of this Grant Contract, including but not limited to, the authorization described in Section 3 below, State shall disburse the grant funds to Recipient on an expense reimbursement basis after State's receipt and approval of cash request forms from Recipient. 3. Further Authorization Required. The obligation or expenditure of funds by the Recipient for the approved activities described in this Grant Contract is prohibited without the further express written authorization of the State, except that such funds may be obligated or expended by the Recipient for activities that are exempt as specified in 24 C.F.R. §58.34 (1997), provided that each exempt activity or project meets the conditions specified for such exemption under the cited section. 4. Project Completion Date. A. The approved grant activities must be completed within «Period» from the date of this Grant Contract or by the date specified below the signature blocks of this Grant Contract ("Project Completion Date"). B. By the Project Completion Date, all Project activities must be completed, including submission of the Project Completion Report and all cash requests (except cash requests for audit costs, if applicable). Unless exempt by OMB Circular A-133, the audit for the final fiscal year of the Project shall be submitted to the Oregon Economic and Community Development Department as soon as possible after it is received by the Recipient, but in any event no later than December 31 after the Project Completion Date. 5. Recipient's Covenants - Compliance with Laws. A. The Recipient agrees to comply, and cause its agents, contractors and subgrantees to comply, with all applicable state and federal laws, regulations, policies, guidelines and requirements with respect to the use of and the administration, distribution and expenditure of the funds provided under this Grant Contract, including but not.limited to the following: (1) the Act and with all related applicable laws, rules and regulations, including but not limited to Sections 109 and 110 of the Act. (2) Section 104(d) of the Housing and Community Development Act of 1974, as amended, 42 U.S.C. §5304 (1994), and the regulations promulgated pursuant thereto, and 12 U.S.C. §1735b (1994). (3) Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. §170lu (1994) (employment opportunities to lower income people in connection with assisted projects), and the regulations promulgated pursuant thereto, 24 C.F.R. §135.38 (1997). The Recipient shall cause or require the Section 3 clause in 24 C.F.R. § 135.38 (1997) to be inserted in full in all contracts and subcontracts exceeding $100,000 for Section 3 covered construction projects receiving more than $200,000 under this Grant Contract. (4) Uniform Relocation Assistance and Real Properties Acquisition Policies Act of 1970, 42 U.S.C. §§4601-4655 (1997), and the regulations promulgated pursuant thereto, 49 C.F.R. §§24.1-24.603 (1997); Program Development\CDBG CRC Exhibit A Page 7 of 27 Grant Contract Page 3 of 8 (5) the Davis -Bacon Act, as amended, 40 U.S.C. §§276a to 276a-5 (1994); 42 U.S.C. §5310 (1994) (applicable to the rehabilitation of residential property by laborers and mechanics in the performance of construction work only if such property contains not less than eight (8) units); and the Contract Work Hours and Safety Standards Act, 40 U.S.C. §§327-333 (1994), and all regulations promulgated pursuant to thereto and all other applicable federal laws and regulations pertaining to labor standards. (6) the Hatch Act, 5 U.S.C. §§7321-7326 (1994) (limiting the political activity of some employees). (7) Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d (1994), and the regulations promulgated pursuant thereto, 24 C.F.R. §§1.1-1.10 (1997). The Recipient will immediately take any measures necessary to effectuate this assurance. If any real property or structure thereon is provided or improved with the aid of federal financial assistance extended to the Recipient, this assurance shall obligate the Recipient, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits. (8) Title VIII of the Civil Rights Act of 1968, as amended, popularly known as the Fair Housing Act, 42 U.S.C. §§3601-3631 (1994), as amended by Pub. L. 104-76, §§1-3 109 Stat. 787 (1995); Pub. L. 104-66, Title I, §1071(e), 109 Stat. 720 (1995); Pub. L. 90-284, Title VIII, §814A, as added Pub. L. 104-208, Div. A, Title II, §2302(b)(1), 110 Stat. 3009-3421 (1996); Pub. L. 104-294, title VI, §604(b)(15), (27), 110 Stat. 3507, 3508 (1996) (9) Exec. Order No. 11,063, 46 F.R. 1253 (1962), reprinted as amended in 42 U.S.C. §1982 (1994) and the regulations promulgated pursuant thereto, 24 C.F.R. §§107.10- 107.65 (1997). (10) Exec. Order No. 11,246, 30 F.R. 12319 (1965), as amended by Exec. Order No. 11,375, 32 F.R. 14303 (1967), reprinted in 42 U.S.C. §2000e (1994), and the regulations promulgated pursuant thereto, 41 C.F.R. §§60-1.1 to 60-999.1 (1997) (11) the Age Discrimination Act of 1975, 42 U.S.C. §§6101-6107 (1994). (12) Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794 (1994). (13) Section 302 of the Lead -Based Paint Poisoning Prevention Act, 42 U.S.C. §4822 (1994), and the regulations promulgated pursuant thereto, 24 C.F.R. §§35.1-35.98 (1997). (14) the Architectural Barriers Act of 1968, 42 U.S.C. §§4151-4157 (1994). (15) the Copeland Anti -Racketeering Act, 18 U.S.C. § 1951 (1997). Program DevelopmenAMBG CRC Exhibit A Page 8 of 27 Grant Contract Page 4of8 (16) ORS §§294.305-294.565 (1997) and other applicable state laws for county and municipal administration. (17) Special program and grant administration requirements imposed by the State related to the acceptance and use of funds provided under this Grant Contract (which requirements have been approved in accordance with the procedures set forth in the Grant Management Handbook). B. When procuring property or services to be paid for in whole or in part with CDBG funds, the Recipient shall comply with Chapter 279 of the Oregon Revised Statutes, Chapters 137 (Divisions 030, 035, and 040) and 125 (Divisions 300, 310, and 360) of the Oregon Administrative Rules, and ORS Chapter 244. The State's performance under this Grant Contract is conditioned upon the Recipient's compliance with the provisions of ORS §§279.312, 279.314, 279.316, 279.320, and 279.555 (1997), which are incorporated by reference herein. The State's model rules for public bidding and public contract exemptions shall govern procurements under this Grant Contract if the Recipient or its public contract review board does not adopt those, or similar, rules. If the Recipient or its public contract review board has adopted similar rules, those rules shall apply. 6. Other Covenants of Recipient. A. The activities undertaken in this grant must meet one of three national objectives established by the U.S. Congress. The Recipient covenants the activities it will undertake with the grant will meet the following national objective (check one): (X) (1) Activities primarily benefitting low- and moderate -income persons; (24 C.F.R. 570.483(b)) ( ) (2) Activities which aid in the prevention or elimination of slums and blight; (24 C.F.R. 570.483(c)) ( ) (3) Activities designed to meet community development needs having a particular urgency; (24 C.F.R. 570.483(d)) B. No employee, agent, consultant, officer, or elected or appointed official of the Recipient, or any subrecipient receiving CDBG funds who exercises or has exercised any functions or responsibilities with respect to CDBG activities assisted by the grant made pursuant to this Grant Agreement or who is in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from the activity, or have an interest or benefit from the activity, or have, shall have any interest, direct or indirect, in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, for themselves or those with whom they have family or business ties, during his/her tenure or for one year thereafter. The Recipient shall also establish safeguards to prohibit employees from using their position for a purpose that is or gives the appearance of being motivated by a desire for private gain Program Development\CDBG CRC Exhibit A Page 9 of 27 Grant Contract Page 5 of 8 for themselves or others, particularly those with whom they have family, business, or other ties. C. The Recipient shall incorporate, or cause to be incorporated, in all purchase orders, contracts or subcontracts regarding the procurement of property or services paid for in whole or in part with CDBG funds any clauses required by federal statutes, executive orders and implementing regulations. The Recipient shall, and shall cause all participants in lower tier covered transactions to include in any proposal submitted in connection with such transactions the certification that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation from the covered transaction. D. The Recipient shall insert a clause in all documents prepared with the assistance of grant funds acknowledging the participation of federal and state CDBG funding. E. The Recipient shall maintain all fiscal records relating to this Grant Contract in accordance with generally accepted accounting principles for state and municipal corporations established by the National Committee on Governmental Accounting in a publication entitled "Governmental Accounting, Auditing and Financial Reporting (GAAFR)." In addition, the Recipient shall maintain any other records pertinent to this Grant Contract in such a manner as to clearly document the Recipient's performance. For fair housing and equal opportunity purposes, and as applicable, the Recipient's records shall include data on the racial, ethnic and gender characteristics of persons who are applicants for, participants in, or beneficiaries of the program. The Recipient acknowledges and agrees that the State and the Oregon Secretary of State's Office and the federal government (including but not limited to HUD, the Inspector General, and the General Accounting Office) and their duly authorized representatives shall have access to all books, accounts, records, reports, files, and other papers, or property pertaining to the administration, receipt and use of CDBG funds and necessary to facilitate such reviews and audits in order to perform examinations and audits and make excerpts and transcripts. Audits shall be conducted annually in accordance with the Single Audit Act of 1984, 31 U.S.C. §§7501-7507 (1994) as amended by Pub. L. 104- 156, §§1-3, 110 Stat. 1397 (1996) and the regulations promulgated pursuant thereto, 24 C.F.R. §§44.1-44.18 (1997), and the Office of Management and Budget (OMB) Circular A- 133,-24 C.F.R. §§45.1-45.5 (1997). The Recipient shall retain and keep accessible all such books, accounts, records, reports, files, and other papers, or property for a minimum of three (3) years from closeout of the grant hereunder, or such longer period as may be required by applicable law, or until the conclusion of any audit, controversy or litigation arising out of or related to this Grant Contract, whichever date is later. The Recipient shall provide citizens with reasonable access to records regarding the past use of CDBG funds consistent with State and local requirements concerning the privacy of personal records. F. The grant made pursuant hereto shall be conducted and administered in conformity with the Civil Rights Act of 1964, 42 U.S.C. §§2000a -2000e (1994), and the Fair Housing Act, and the Recipient will affirmatively further fair housing. Program Development\CDBG CRC Exhibit A Page 10 of 27 Grant Contract Page 6of8 G. The Recipient will not attempt to recover any capital costs of public improvements assisted in whole or part with CDBG funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements, unless: (1) such funds are used to pay the proportion of such fee or assessment that relates to the capital costs of such public improvements that are financed from revenue sources other than under the Act; or (2) for purposes of assessing any amount against properties owned and occupied by persons of moderate income, the Recipient certifies to HUD that it lacks sufficient CDBG funds to comply with the requirements of (1). H. The Recipient will assume all of the responsibilities for environmental review, decision-making and action pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. §4321-4370(d) (1994) ("NEPA"), and such other provisions of law that the applicable regulations specify that would otherwise apply to HUD federal projects, in accordance with Section 104(g) of the Act, 42 U.S.C. §5304(g) (1994). The Recipient shall provide such certification as required by the Secretary of HUD. Recipients will perform reviews in accordance with 24 C.F.R. §58 (1997) and the other federal authorities listed at 24 C.F.R. §§58.5 (1997). I. All non-exempt Project activities must be reviewed for compliance with 36 C.F.R. §§800.1- 800.15 (Protection of Historic Properties) and Exec. Order No. 11,988, 42 Fed. Reg. 26951 (1997), reprinted as amended in 42 U.S.C. §4321 note (1994) (Floodplain Management), and Exec. Order No. 11,990, 42 Fed. Reg. 26961 (1997), reprinted as amended in 42 U.S.C. §4321 note (1994) (Protection of Wetlands). The Recipient has adopted and will enforce (1) a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non- violent civil rights demonstrations and (2) a policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstration within its jurisdiction in accordance with Section 104(1) of the Act. K. The Recipient shall cause all its first tier contractors or subrecipients receiving subcontracts in excess of $100,000.00 to execute and file with the Recipient the certification set forth in Exhibit C-1 hereof. L. All construction projects in excess of $50,000.00, which are undertaken using funds from this Grant Contract, shall have a Project sign (which sign shall be in the form approved by the State) located prominently at the Project site acknowledging the participation of federal and state CDBG funding. This sign shall be installed prior to construction and shall be maintained for the duration of the construction period. M. No lead-based paint will be used in residential units. Program Development\CDBG CRC Exhibit A Page 11 of 27 Grant Contract Page 7 of 8 7. Determination. State has made the determination that Recipient is a subrecipient, in accordance with OMB Circular A-133 and Section .102 of Oregon Accounting Manual 04 03 OO.PO (effective June 1, 1998). Recipient agrees to monitor any local government or non-profit organization subrecipient to whom it may pass funds. 8. Termination. A. The State reserves the right to terminate this Grant Contract immediately upon notice to the Recipient: (1) if the Recipient fails to perform or breaches any of the terms of this Grant Contract; or (2) if the Recipient is unable to commence the Project within four (4) months from the date of this Grant Contract; or (3) if the State fails to receive funding, or appropriations, limitations or other expenditure authority at levels sufficient to carry out the terms of this Grant Contract; or (4) if federal or state laws, regulations or guidelines are modified or interpreted in such a way that either the grant made pursuant to the terms of this Grant Contract or payments to be made hereunder are prohibited. B. The State may impose sanctions on the Recipient for failure to comply with provisions of this Grant Contract or OAR Chapter 123, Division 80. When sanctions are deemed necessary, the State may withhold unallocated funds, require return of unexpended funds, require repayment of expended funds, or cancel the Grant Contract and recover all funds released prior to the date of notice of cancellation. 9. Miscellaneous. A. This Grant Contract shall be null and void if this Grant Contract is not executed and returned to the State by the Recipient by «Nulldate». B. The State and the Recipient are the only parties to this Grant Contract and are the only parties entitled to enforce its terms. Nothing in this Grant Contract gives, is intended to give, or shall be construed to give or provide any benefit or right, whether directly, indirectly or otherwise, to third persons unless such third persons are individually identified by name herein and expressly described as intended beneficiaries of the terms of this Grant Contract. C. Except as otherwise expressly provided in this Grant Contract, any communications between the parties hereto or notices to be given hereunder shall be given in writing by personal delivery, facsimile, or mailing the same, postage prepaid, to the State or the Recipient at the address or number set forth on the signature page of this Grant Contract, or to such other addresses or numbers as either party may hereafter indicate pursuant to this Section 9.C. Any communication or notice so addressed and mailed shall be deemed to be given five (5) days after mailing. Any communication or notice delivered by facsimile shall be deemed to be given when receipt of the transmission is generated by the transmitting machine. To be effective against the State, such facsimile transmission must be confirmed by telephone notice to the Oregon Economic and Community Development Department at Program Development\CDBG CRC Exhibit A Page 12 of 27 Grant Contract Page 8 of 8 (503) 986-0123. Any communication or notice by personal delivery shall be deemed to be given when actually delivered. D. This Grant Contract shall be governed by and construed in accordance with the laws of the State of Oregon without regard to principles of conflicts of law. Any claim, action, suit or proceeding (collectively, "Claim") between Agency (and/or any other agency or department of the State of Oregon) and Contractor that arises from or relates to this Contract shall be brought and conducted solely and exclusively within 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 shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. THE RECIPIENT, BY EXECUTION OF THIS CONTRACT, HEREBY CONSENTS TO THE IN PERSONAM JURISDICTION OF SAID COURTS. E. This Grant Contract and attached exhibits constitute the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Grant Contract. No waiver, consent, modification or change of terms of this Grant Contract shall bind either party unless in writing and signed by both parties and all necessary State approvals have been obtained. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of the State to enforce any provision of this Grant Contract shall not constitute a waiver by Agency of that or any other provision. This Grant Contract is hereby executed by the Parties on the dates set forth below. STATE OF OREGON acting by and through its Economic and Community Development Department In «ManagerName», Manager «Team» Date: Title: Date: «RECIPIENT» (Recipient) (Signature) Project Completion Date Exhibit A Program DevelopmenAMBG CRC Page 13 of 27 Exhibit B Page 1 of 3 SPECIAL CONDITIONS OF AWARD COMMUNITY FACILITY GRANT Special conditions pertinent to this grant are set forth below. 1. All matching funds must be secured in writing by «mfdate», or the Grant Contract may be terminated. ,No CDBG funds may be drawn down unless all Project matching funds are secured. 2. All Project -related contracts must be received by the State ten (10) days before they are signed. This includes all Project -related contracts between the Recipient and any person or entity who will be administering the grant or performing services under a personal services contract. All Project - related bid documents must be received by the State at least ten (10) days before they are advertised. 3. Where the approved Project budget includes local funds and CDBG funds for a specific line item activity, those local funds must be expended before the Recipient can request CDBG funds for the activity, unless otherwise authorized by the State. 4. Any local funds remaining in an approved non -construction budget line item when that line item activity is completed shall be transferred to the construction line item and shall be expended in accordance with paragraph 3 hereof. 5. Prior to the approval of the first drawdown of grant funds for this Project, the Recipient shall provide the following to the State: a. Copy of an adopted Fair Housing resolution and evidence that this resolution has been published within six (6) months prior to the grant drawdown. b. Copy of a completed self-evaluation checklist required by Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794 (1994) or the Americans with Disabilities Act of 1990, 42 U.S.C. §§12111-12213 (1994). 6. Prior to approval of the first drawdown of grant funds for a construction line item of this project, the Recipient shall provide the following to the State: a. Notice of the Start of Construction which includes the project name and location, date of bid opening, date of award, name of general contractor, and the number of the applicable federal Davis -Bacon Wage decision included in the construction contract. If there is no general contractor, a notice shall be completed for each specialty contract. b. Copies of the required certified payroll reports from the general contractor and subcontractors whose work is covered by the drawdown request. 7. The Recipient shall place a sign indicating the involvement of CDBG funds in the Project in a clearly visible location on or near the construction sites of facilities that will be available for use by the public. 8. Any recipient which has had prior CDBG grants or which is the recipient of more than one contractyear» CDBG award must undertake at least one activity, in addition to adopting and publishing a Fair Housing resolution, to promote fair housing opportunities in its community. Program Development\CDBG CRC Exhibit A Page 14 of 27 Exhibit B Page 2of3 9. a. Change of Use Requirements. The following condition shall be in effect until five (5) years following the date of issuance by the State of a Certificate of Completion for this Project: (1) The real property or facility acquired or improved in whole or in part under this Grant Contract shall be operated and maintained for the purposes described in the Exhibit E or for other purposes which meet one of the national objectives of the Community Development Block Grant Program and which are eligible under Section 105 of the Housing and Community Development Act of 1974, as amended, 42 U.S.C. §5305 (1994). (2) Any change in use of the facility or disposition of property acquired or improved with CDBG funds must be made in accordance with the standards provided in 24 C.F.R. 570.4890) (1997). (3) In the case where the Recipient is not and will not be the owner of the real property or facility being improved with grant funds hereunder, the Recipient is responsible for ensuring that the owner of the real property or facility complies with 9.a.(1) and (2) above. As a condition of using grant funds under this Grant Contract to improve any such real property or facility, the Recipient shall cause the owner of such real property or facility to duly execute and record a trust deed against such real property in favor of the Recipient, which trust deed shall be in form and substance satisfactory to the State. b. The following language must be included in any contract which transfers the property from the Recipient to another party: "It is understood and agreed that this conveyance is made and accepted, and the realty is transferred, on and subject to the covenant, condition, restriction, and reservation that the realty must continue to be used for [INSERT THE APPROVED USE OF THE PROPERTY] or for another eligible use under Title I of the Housing and Community Development Act of 1974, as amended, 42 U.S.C. §§5301-5321 (1994). This covenant, condition, restriction, and reservation shall apply to and run with the conveyed land. If the realty is not used for the above purposes, then all the right, title, and interest in and to the described property and to the improvements on such property, shall revert to and revest in [Recipient NAME] or its successors and assigns, as fully and completely as if this instrument had not been -executed. No reversion shall render invalid or operate in any way against the lien of any mortgage or deed of trust given with respect to the conveyed realty in good faith, and for value; and on any such reversion [Recipient NAME] shall take title to the conveyed realty subject to any such mortgage or deed of trust. Provided, however, that should any such mortgage or deed of trust be foreclosed, then the title acquired by such foreclosure, and the person or persons who thereby, and thereafter become the owner or owners of the conveyed realty, shall be subject to and bound by all the restrictions contained in this instrument; and further provided, that [Recipient NAME] may enforce any covenant, condition, and restriction by any other appropriate action at its sole option." ExhlibitA Program DevelopmenACM CRC Page 5 of 27 Exhibit B Page 3 of 3 c. The following language must be included in any deed that transfers the property from the Recipient to another party: "This deed is subject to all covenants, restrictions, and agreements of record that are made a part of this deed by reference, including the [INSERT NAME OF DOCUMENT OF SALE OR TRANSFER] which by this reference is incorporated herein, as though such covenants, restrictions, and agreements were fully set forth in this deed. Should any mortgage or deed of trust be foreclosed on the property to which this instrument refers, then the title acquired by such foreclosure, and the person or persons who thereby and thereafter become the owner or owners of such property, shall be subject to and bound by all the restrictions, conditions, and covenants set forth in this instrument." 10. The Recipient shall obtain as -built drawings for buildings that will be available for use by the public. 11. The Recipient shall collect and maintain documentation satisfactory to the State that the community facility meets the national objective of principal benefit to low- and moderate -income persons. Such documentation shall be: a. Evidence that shows that the primary use of the facility is by persons who are presumed under HUD regulations for the Community Development Block Grant Program to be principally low and moderate income (e.g., elderly or handicapped persons, abused children, battered spouses, homeless persons, illiterate persons or migrant farm workers), or b. Data showing the size and annual income of the immediate family of each person benefitting from the facility so that it is evident that at least 51 percent of the clientele are low and moderate income, or c. Income eligibility requirements which limit the benefits of the facility exclusively to low- and moderate -income persons, or d. Evidence that the benefits of the facility are available to ALL the residents in a particular area and that at least 51 percent of those residents are low andmoderate income. Exhibit A Program Development\CDBG CRC Page 16 of 27 Exhibit B-1 Page 1 of 1 Special Needs for the Financial Section of the Scope of Work 1. Calculate the total number of Equivalent Dwelling Units (EDUs) in the system and identify the number of which are residential, commercial, and industrial. Also identify the number of connections. 2. Prepare an estimated annual budget for Operation, Maintenance (OM) costs, and capitol long-term system Replacement (R) funds for all the preferred alternatives (OMR). 3. Prepare a table that compares the monthly OMR costs per EDU for each alternative. 4. Show the current rates and any existing debt service per year. If there is debt, identify when it will be paid off. 5. Calculate the monthly rate per EDU for the chosen alternative using the estimated OMR budget, assuming the project is funded entirely with a loan. 6. Propose a rate structure for the city. • For a water system, this must be based upon the installation of meters and water consumption. • For a wastewater system, it can be based upon water consumption or flat rate. 7. Propose a rate implementation schedule and identify what steps the community needs to undertake to adopt and implement a new rate structure. 8. Prepare an analysis of the financing options for the preferred alternative, including, but not limited to: • local resources • federal Rural Development • Department of Environmental Quality's Clean Water State Revolving Fund • Water/Wastewater Financing Program • Special Public Works Financing Program • Community Development Block Grant program • the Safe Drinking Water Revolving Loan Fund Program DevelopmenACDBG CRC Exhibit A Page 17 of 27 Exhibit C Page 1 of 3 RECIPIENT'S CERTIFICATION OF COMPLIANCE WITH STATE AND FEDERAL LAWS AND REGULATIONS Funds for the Oregon Community Development Block Grant Program are provided through a grant to the State from the U.S. Department of Housing and Urban Development, under Title I of the Housing and Community Development Act of 1974, as amended, 42 U.S.C. §5301 (1994). These funds are subject to various federal statutes and regulations as well as state laws and administrative rules. The Recipient hereby represents, warrants and certifies that: it has complied with all relevant federal and state statutes, regulations, executive orders, policies, guidelines and requirements with respect to the application for and acceptance and use of Oregon Community Development Block Grant funds, including but not limited to the Act; 2. it possesses legal authority to apply for and accept the terms and conditions of the Grant and to carry out the proposed Project; 3. its governing body has duly authorized the filing of the application, including all understandings and assurances contained therein; 4. the person identified as the official representative of the Recipient in the application and the Grant Contract is duly authorized to act in connection therewith and to provide such additional information as may be required. The Recipient's official representative has sufficient authority to make all certifications on its behalf, 5. the Grant Contract does not and will not violate any provision of any applicable law, rule, regulation or order of any court, regulatory commission, board or administrative agency applicable to the Recipient or any provision of the Recipient's organic laws or documents; and 6. the Grant Contract has been duly executed by the Recipient's highest elected official and delivered by the Recipient and will constitute the legal, valid and binding obligations of the Recipient, enforceable in accordance with their terms. The Recipient further represents, warrants and certifies that it is following a detailed citizen participation plan which: provides for and encourages citizen participation, with particular emphasis on participation by persons of low and moderate income who are residents of slum and blighted areas and of areas in which funds are proposed to be used; 2. provides citizens with reasonable and timely access to local meetings, information, and records - relating to the Recipient's proposed use of funds, as required by applicable regulations, and relating to the actual use of funds under the Act; Program Development\CDBG CRC Exhibit A Page 18 of 27 Exhibit C Page 2 of 3 3. furnishes citizens information concerning the amount of funds available in the current fiscal year and the range of activities that may be undertaken, including the estimated amount proposed to be used for activities that will benefit persons of low- and moderate -income, and the proposed activities likely to result in displacement and the plans of the Recipient for minimizing displacement of persons as a result of activities assisted with such funds and for relocating persons actually displaced as a result of such activities; 4. provides for technical assistance to groups representative of persons of low and moderate income that request such assistance in developing proposals, with the level and type of assistance to be determined by the Recipient; 5. provides for a minimum of two public hearings to obtain citizen views and to respond to proposals and questions at all stages of the community development program, including at least the development of needs, the review of proposed activities, and review of program performance, which hearings shall be held after reasonable notice, at times and locations convenient to potential or actual beneficiaries, and with accommodation for the handicapped; 6. identifies how the needs of non-English speaking residents will be met in the case of public hearings where a significant number of non-English speaking residents can be reasonably expected to participate; 7. provides reasonable advance notice of and opportunity to comment on proposed activities in a grant application to the State or as to grants already made substantial changes from the Recipient's application to the State to activities; and 8. provides the address, phone number and times for submitting complaints and grievances and provides for a timely written answer to written complaints and grievances, within 15 working days where practicable. The Recipient represents, warrants and certifies that: 1. it has complied with its obligations as described in Section 6.F of this Grant Contract; and 2. it is following the State of Oregon Residential Antidisplacement and Relocation Assistance Plan unless it ad6pts and makes public its own plan which complies with 24 C.F.R. 42.325 (1997). The Recipient also certifies that it will minimize the displacement of persons as a result of activities assisted with Oregon CDBG funds. The Recipient further represents, warrants and certifies that: 1. the grant will be conducted and administered in conformity with the Civil Rights Act of 1964, 42- U.S.C. §§2000a -2000e (1994), and the Fair Housing Act, and the Recipient will affirmatively further fair housing; and 2. no lead-based paint will be used in residential units. Program Development\CDBG CRC Exhibit A Page 19 of 27 Exhibit C Page 3 of 3 The Recipient further represents, warrants and certifies that: 1. it has carried out its responsibilities as described in Section 6.1-1 of the Grant Contract; 2. the officer executing this certification is its chief executive officer (or other designated officer of the Recipient who is qualified under the applicable HUD regulations): 3. such certifying officer consents to assume the status of a responsible federal official under NEPA and other laws specified by the applicable HUD regulations, 24 C.F.R. §§58.1-58.77 (1997); and 4. such certifying officer is authorized and consents on behalf of the Recipient and himself/herself to accept the jurisdiction of the federal courts for the purpose of enforcement of his/her responsibility as such an official. In addition to the above certifications, for grants of $100,000 or more, the undersigned also makes the certification regarding lobbying set forth in Exhibit C-1 attached to the Grant Contract and incorporated herein by this reference. Signed Title City/County ((Recipient)) Program Development\CDBG CRC Exhibit A Page 20 of 27 Exhibit C-1 Page 1 of 1 CERTIFICATION REGARDING LOBBYING (CDBG Awards of $100,000 or more) The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signed Title Date Exhibit A Program Development\CDBG CRC Page 21 of 27 W Exhibit A Page 22 of 27 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 _ 64 64 6> 64 61D. 64 61). 69. 69 69 EA ER 6R 69. 69 64 64 69. tn? CO 0 O O O O 0 0 0 0 O O O O O O O O 0 0 O U O U 6g 69 69 69 69 64 64 64 6> 69 64 64 64 69 u), 64 u)} te. 60.> v 4-_ oU) C O O E 0 0 0 0 0 0 0 0 0 0 0 0 CO 0 0 0 0 0 0 Q U 64 69 69 69 69 69 69 6, 69 69 69 64 69 69 6q 69 69 69 EA co O ° a� U L 00 O cn 0 0 O O O O 0 O O O O O Cl O O O O Cl N 6> 69- 69. (f? 69 61D. 61). 69 6> 64 69 69 Gr� 69 60- 67 64 67 69. O C 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl 0 CO 0 E64 6fl 64 64 69 6R 64 69- 6)' 69 64 64 65 69 69 69 64 69 60} :3 Qo E OY O > O C) C) �. ami U C U N LL c O a..' :3 ),1 E +� U cu U E cu L Y Q Ew N O O i O i ++ > ++ O L N O ++ U) — O cp C O O O i L cu N O O i Q Q a) U 0 = a ca = = I 0) O C p O 0) O U) N O L O -rO U C cn N O fn cu N O U O cn L Qm LL cn N in Fn U O A 0 O) cuU C L . O Ncn U >, Q (U L U 0 U c.i < =O U '� 2 Q '� E � � .� U N `�L` L m 3 O a cn - m Q O = E _O cu � C a, U) CL o W> >� a) L7 LL O N U U O � o O E Co a aL v c6 -6 6 U)O a- W 0 CC IL of CD 0 0 0 0~ O �- N M 4 L6 CO ti 00 6 O r � r N r M r 4 r L6 r 60 r Exhibit A Page 22 of 27 PROJECT DESCRIPTION «Recipient» Recipient will Exhibit E Program Development\CDBG CRC DOJ Exempt September 1998 �ctv i[vv'e? COUNSIL--- - WA ow A 1� W, - z - IZ, Grant Agreement Grant Number 2002-279 Deschutes County Mental Health Department (Grantee), a tax exempt governmental entity, hereby accepts a grant in the amount of $100,000. Grantee: Deschutes County Mental Health Department 2577 NE Courtney Drive Bend, Oregon 97701 Project Director: Gary Smith, Director Title of Proposal: "Crisis Resolution Center" Purpose of Grant: To assist the startup operation of the Crisis Resolution Center, a new 15 -bed adult residential psychiatric facility in Central Oregon. Period of Grant: 3/1/2003 through 2/28/2006 Payments: This Award Agreement must be signed and returned to the Northwest Health Foundation before grant funds are released. This award is for direct costs only. This project has been approved for three years, with funding approved for one year at this time. Future years' support of the project is contingent upon meeting the conditions of continuation funding: a) satisfactory performance of the project during the preceding year; b) -availability of funds under the approved spending policy of the NWHF Board for the year in which continuation funds are requested; and c) completion of a written continuation request that is reviewed and approved by the NWHF Board of Directors for continuation funding. Payments are scheduled as follows: Payment Amount Report By 7/15/03 100,000 none Due Continuation Request 9/19/03 Final 3/31/06 DC '--ice►,--� Exhibit A Page 23 of 27 Northwest Health Foundation Grant No. 2002-279 Deschutes County Mental Health Department Page 2 of 5 pages Conditions of Award: The Grantee will use this grant solely for the purposes set forth in the application submitted. 2. The Grantee certifies that it does not discriminate in its leadership, staffing, or service on the basis of age, gender, race, ethnicity, sexual orientation, disability, national origin, political affiliation, or religious belief. FURTHERMORE, the Grantee agrees to administer the grant in compliance with the following provisions: A. Limitations on the Use of Grant Funds 1. Grant funds may be expended only for the purposes and activities set forth above or modified in writing by the Northwest Health Foundation. 2. All grant funds not expended by the Grantee for the purposes as stated above or as modified pursuant to Section C below, shall be returned to the Northwest Health Foundation. 3. The Grantee must expend the grant funds solely for tax exempt 501(c)(3) charitable and/or educational purposes and/or governmental purposes as defined by the US Internal Revenue Code of 1954 as amended at the time of this Agreement. 4. The Grantee shall not use any portion of the funds granted herein to carry on propaganda or otherwise attempt to influence specific legislation either by direct or grassroots lobbying, nor to participate or intervene in any political campaign on behalf of any candidate for public office, nor make grants to individuals, nor for any other non -charitable or non -educational purposes. B. Grant Accounting, Records, and Reports The Grantee agrees to maintain records and accounts consistent with generally accepted accounting principles and to provide for such fiscal control as is necessary to assure proper disbursing of, and accounting for, grant funds. The Grantee agrees to obtain and retain receipts for all Northwest Health Foundation grant disbursements. 2. The Grantee certifies that accounts and supporting documentation relating to grant expenditures will be adequate to permit an accurate and expeditious audit. The Northwest Health Foundation or its designated representative may make an audit during regular business hours with seven days notice to the Grantee. Exhibit A Page 24 of 27 Northwest Health Foundation Grant No. 2002-279 Deschutes County Mental Health Department Page 3 of 5 pages 3. The Grantee agrees to retain all relevant books, documents, papers, and records pertaining to this grant for a period of three years after termination of the grant, and to permit the Northwest Health Foundation access to these documents for purposes of assuring that the Northwest Health Foundation funds were properly expended. 4. The Grantee understands that the Foundation staff may schedule site visits as part of the Foundation's regular monitoring and evaluation processes. 5. The Grantee agrees to submit a final report to the Northwest Health Foundation within thirty days after the conclusion of the grant period outlining the work performed, the benefits of the project to the community, and including an accounting of funds expended. Grantees who fail to submit a final report will not be eligible for future funding from the Northwest Health Foundation. The Northwest Health Foundation may request interim reports, as appropriate, under the terms of this agreement. C. Modification of the Grant Agreement 1. This grant is made with the understanding that the entire amount will be expended for the purpose stated above and in the manner described in the materials you have provided to the Northwest Health Foundation. Whether or not you maintain a separate bank account, this grant should be treated as a "restricted fund," and no part of it shall be used for purposes other than those designated for this grant. 2. If the Grantee proposes significant changes in the purposes, goals, population served, timing, activities, and/or expenditures as set forth above, the Grantee agrees to discuss the proposed changes with the Northwest Health Foundation's Executive Director or other designated grants official and to obtain written approval from the Northwest Health Foundation for the changes before expending further grant funds. 3. The Grantee shall promptly notify the Northwest Health Foundation in writing within thirty days of any of the following: a. Change in the key personnel of the project or the Grantee; b Change in address or phone number; c. Change in the name of the Grantee; d. Change in the non-profit or tax status of the Grantee; e. Any other development that significantly affects the operation of the project or Grantee. Exhibit A Page 25 of 27 Northwest Health Foundation Grant No. 2002-279 Deschutes County Mental Health Department Page 4 of 5 pages 4. If the funds have not been completely expended at the end of the grant period, the Grantee agrees to provide a statement of the unspent balance and a plan for using the remaining funds. If the Northwest Health Foundation does not approve the revised plan for use of grant funds, the Grantee agrees to repay to the Northwest Health Foundation the unspent balance. D. Termination If the Grantee makes grant expenditures that are not permitted under the terms of this Agreement, the Grantee agrees to refund these amounts in full to the Northwest Health Foundation no later than thirty days after receiving written notice from the Northwest Health Foundation terminating the grant, explaining the reasons for termination and requesting a repayment. E. Publicizing the Grant Award The Northwest Health Foundation encourages you to publicize this grant. However, please provide the Northwest Health Foundation with the wording of any announcement you plan to release. If representatives of your organization are interviewed by any news media about activities supported -by this grant, we would appreciate your citing the support of the Northwest Health Foundation. We would also appreciate your including in your final report copies of any coverage this grant receives in newspapers, newsletters, or other publications. F. Right to Use Name The Grantee authorizes the Northwest Health Foundation to use the name of the Grantee as part of press releases, brochures, newsletters, and other publications prepared by the Foundation for the purpose of public education and information, and to demonstrate the scope of grant making by the Foundation. The use of the name of the Grantee in our publications is for example only and does not convey or imply that the Foundation will make future awards to the Grantee. Exhibit A Page 26 of 27 Northwest Health Foundation Grant No_ 2002-279 Deschutes County Mental Health Department Page 5 of 5 pages G. Agreement By signing the space provided below, you and your organization agree to comply with the foregoing terms. IN WITNESS WHEREOF, this Grant Agreement is signed FOR THE GRANTEE: DESCHUTES COUNTY MENTAL HEALTH DEPARTMENT By (Signature) (Representative of th� tax-expt c NAME (Please print):, 14 Q Toth DeWolf, C Title: Deschutes County Board of Commissioners receiving this grant) Date: E- By (Signature) (Project • e tor) NAME (Please print): Title: I IR 1!i� l L'iZ- Date FOR THE NORTHWEST HEALTH FOUNDATION By: XDate: O Z Thomas D. Aschenbrener, President Exhibit A Page 27 of 27