2020-29-Resolution No. 2020-004 Recorded 1/28/2020Recorded in Deschutes County CJ2020-29
Nancy Blankenship, County Clerk
Commissioners' ,journal 01 /28/2020 11:52:03 AM
REVIEWED
LE AL C UNSEL " ` 2020-29
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Appropriating New Grant Funds
And Increasing FTE Within the 2019-2020 RESOLUTION NO. 2020-004
Deschutes County Budget
WHEREAS, Deschutes County's Sheriff's Office has requested two additional Limited -duration
1.45 FTE Management Analysts (1.00 FTE Sheriffs Office and .45 District Attorney's Office)
and related appropriation in support of the grant award by the Oregon Criminal Justice
Commission Justice Illegal Marijuana Market Enforcement Grant Program (IMMEGP or
DCIME) in partnership with Deschutes County District Attorney's Office for the remainder of
the 2019-2020 budget. The total amount of the Grant Award to the Sheriffs Office is
$436,896.92 and covers the period of November 1, 2019 through June 30, 2021; and
WHEREAS, Deschutes County Classification of Positions Policy (HR-1) requires that the
creation/increase of a Department's FTE outside of the adopted budget must be approved by the
Board of Commissioners; and
WHEREAS, ORS 294.471(c) allows the appropriation and expenditure of new grant funds that
have been made available and could not reasonably be foreseen when preparing the original
budget; now, therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
COUNTY, OREGON, as follows:
Section 1. That the following grant be budgeted within the 2019-2020 County Budget:
Revenue
District Attorney (Fund 0011150)
State Grant $ 47,695
Sheriffs Office (Fund 255)
State Grant $ 170,753
TOTAL REVENUE:
PAGE 1 OF 2-RESOLUTION NO.2020-004
Section 2. That the following appropriation be made within the 2019-2020 County Budget:
Appropriation
District Attorney (Fund 0011150)
Program Budget $ 47,695
Sheriff's Office (Fund 255)
Program Budget $ 170,753
TOTAL APPROPRIATION 218 44
Section 3. That the Chief Financial Officer make the appropriate entries in the Deschutes County
Financial System to show the above appropriations.
Section 4. That the following FTE be added:
Job Class
Limited Duration or
If Limited Duration, Expiration Dates
FTE
Regular
Management Analyst-
Limited Duration
11/1/2019 — 6/30/2021
.45
District Attorney's
Office
Management Analyst
Limited Duration
11/1/2019- 6/30/201
1.00
Sheriff's Office
TOTAL FTE
1.45
That the Human Resources Director make the appropriate entries in the Deschutes County FTE
Authorized Positions Roster to show the above FTE changes.
DATED this day of ,- 020.
BOARD OF COUNTY COMMISSIONERS OF
ATTEST:
RzGord'inj Secretary
DASCHUTES COUNTY, OREGON
PATTI ADAIR, Chair
ANTHONY DEBONE, Vice -Chair
�N, J�, At—
PHILIP G. H NDERSON, Commissioner
PAGE 2 OF 2-RESOLUTION NO.2020-004
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CRIMINAL JUSTICE COMMISSION
ILLEGAL MARIJUANA MARKET ENFORCEMENT GRANT PROGRAM
GRANT AGREEMENT
885 Summer Street NE
Salem, OR 97301
This Grant Agreement ("Agreement") is made and entered into by and between the State of
Oregon, acting by and through its Criminal Justice Commission ("CJC"), and Deschutes
County ("Grantee" and, together with CJC, the "Parties"). This Agreement shall become
effective on the later of November 1, 2019 or the date when this Agreement is fully executed and
approved as required by applicable law.
1. Grant. In accordance with the terms and conditions of this Agreement, CJC shall
provide Grantee an amount not to exceed $436,896.92 (the "Grant Funds") to assist Grantee in
implementing the project described in Exhibit A (the "Project") during the period beginning on
the Project Start Date and ending on the Project End Date (the "Project Period"), as those dates
are specified in Exhibit A. Grantee shall implement the project in a substantially continuous
manner during the Project Period and complete the Project no later than the Project End Date.
Grantee may use the Grant Funds solely for Eligible Costs (as described in Section 4.a) that
Grantee incurs within the line items of the Project Budget (set forth in Exhibit A) during the
Project Period. CJC's obligation to disburse Grant Funds under this Agreement shall end 90
days after the Project End Date.
2. Agreement Documents. This Agreement consists of this document and the following
documents, all of which are attached hereto and incorporated into this Agreement by reference:
Exhibit A: Project Description and Budget
Exhibit B: Subagreement Insurance Requirements
In the event of a conflict between two or more of the documents comprising this Agreement, the
language in the document with the highest precedence shall control. The precedence of each of
the documents comprising this Agreement is as follows, listed from highest precedence to lowest
precedence: this Agreement without Exhibits; Exhibit A; Exhibit B.
3. Reports. Grantee shall submit the reports required by this section.
a. Program Progress Reports. Grantee shall submit to CJC reports every 6 months
during Project implementation, as well as such other reports and information on the
Project as CJC may reasonably request (collectively, "Program Progress Reports").
Program Progress Reports must be received by CJC no later than January 25 and July 20
for the 6-month period preceding each of these dates. Program Progress Reports must be
submitted through CJC's grant administration website (https:Hcic-grants.smul)ly.io) and
contain all of the requested data. Grantee must receive prior approval from CJC to
submit a Program Progress Report after its due date.
b. Monthly Financial Reports. During the Project Period, Grantee shall submit to
CJC a Financial Report by the tenth of each month that details expenditures of Grant
Funds during the prior month. Grantee must submit the final Financial Report no later
than the earlier of 30 days after completion of the Project or 30 days after the Project End
Date. Failure to submit a Financial Report by the due date could result in a suspension of
further disbursement of Grant Funds in addition to other remedies arising from Grantee's
default. Grantee must receive prior approval from CJC to submit a Financial Report after
its due date.
4. Disbursement and Recovery of Grant Funds.
a. Disbursement Generally. Subject to Section 4.b, CJC shall disburse the Grant
Funds in seven installments according to the following disbursement schedule:
• One installment in the amount of $109,224.20 no later than November 25, 2019;
• One installment in the amount of $54,612.12 no later than January 5, 2020; and
• One installment in the amount of $54,612.12 no later than April 5, 2020.
• One installment in the amount of $54,612.12 no later than July 5, 2020.
• One installment in the amount of $54,612.12 no later than October 5, 2020.
• One installment in the amount of $54,612.12 no later than January 5, 2021.
• One installment in the amount of $54,612.12 no later than April 5, 2021.
The Grant Funds may be used solely for Eligible Costs incurred in carrying out the
Project. `Eligible Costs" are the reasonable costs incurred by Grantee (or a subgrantee or
subrecipient under a Subagreement) during the Project Period in implementation of the
Project, and that are not excluded by CJC, either by this Agreement or by exclusion as a
result of financial review or audit, subject to the following requirements and limitations:
i. Rates for travel expenses shall not exceed those allowed by the Oregon
travel policy, available at
hqp://www.oregon.gov/das/Finang.lal/Acctng/Pages/Travel.aspx.
ii. When purchasing equipment costing over $5,000, the Grantee must
provide a description of the equipment, purchase price, date of purchase, and
identifying numbers, if any, to the CJC Grant Administrator at
cjC rantsLoregon.gov.
iii. As specified in OAR 213-080-0040(3), no more than 10 percent of the
Grant Funds may be used for grant -related administrative costs such as
purchasing, budgeting, payroll, accounting, staff services, and other costs as
deemed appropriate by CJC.
b. Conditions Precedent to Disbursement. CJC's obligation to disburse Grant
Funds to Grantee is subject to satisfaction, with respect to each disbursement, of each of
the following conditions precedent:
2
i. CJC has received funding, appropriations, limitations, allotments or other
expenditure authority sufficient to allow CJC, in the exercise of its reasonable
administrative discretion, to make the disbursement.
ii. Grantee is in compliance with the terms of this Agreement.
iii. Grantee has, to the satisfaction of CJC and the Grant Review Committee,
met its outcome or performance measures (as proposed in its Application and
agreed to by CJC) and achieved the criteria as outlined in OAR 213-080-0050,
including, but not limited to, providing financial assistance to local law
enforcement agencies and district attorneys in rural areas of this state, as
applicable.
iv. Grantee's representations and warranties set forth in Section 6 hereof are
true and correct on the date of disbursement with the same effect as though made
on the date of disbursement.
V. All Progress Reports due on or before the date of disbursement have been
completed and submitted to CJC.
vi. All Financial Reports due on or before the date of disbursement have been
completed and submitted to CJC.
5. Recovery of Unexpended Grant Funds. Any Grant Funds disbursed to Grantee under
this Agreement that remain unexpended on the earlier of termination of this Agreement,
completion of the Project, or the Project End Date must be returned to CJC. Grantee shall return
all unexpended Grant Funds to CJC within 14 days after the earlier of termination of this
Agreement, completion of the Project, or the Project End Date.
6. Representations and Warranties of Grantee. Grantee represents and warrants to CJC
as follows:
a. Organization and Authority. Grantee is duly organized and validly existing
under the laws of the State of Oregon and is eligible to receive the Grant Funds. Grantee
has full power, authority, and legal right to make this Agreement and to incur and
perform its obligations hereunder, and the making and performance by Grantee of this
Agreement (1) have been duly authorized by all necessary action of Grantee and (2) do
not and will not violate any provision of any applicable law, rule, regulation, or order of
any court, regulatory commission, board, or other administrative agency or any provision
of Grantee's charter or other governing documents, (3) do not and will not result in the
breach of, or constitute a default or require any consent under any other agreement or
instrument to which Grantee is a party or by which Grantee or any of its properties may
be bound or affected. No authorization, consent, license, approval of, filing or
registration with or notification to any governmental body or regulatory or supervisory
authority is required for the execution, delivery or performance by Grantee of this
Agreement.
b. Binding Obligation. This Agreement has been duly executed and delivered by
Grantee and constitutes a legal, valid and binding obligation of Grantee, enforceable in
accordance with its terms subject to the laws of bankruptcy, insolvency, or other similar
laws affecting the enforcement of creditors' rights generally.
C. No Solicitation. Grantee's officers, employees, and agents shall neither solicit
nor accept gratuities, favors, or any item of monetary value from contractors, potential
contractors, or parties to subagreements. No State of Oregon employee shall be admitted
to any share or part of this Agreement or any benefit arising therefrom.
d. No Debarment. Neither Grantee nor its principals is presently debarred,
suspended, or voluntarily excluded, or proposed for debarment, declared ineligible or
voluntarily excluded from participating in this Agreement by any state agency. Grantee
agrees to notify CJC immediately if it is debarred, suspended or otherwise excluded by
any state agency or if circumstances change that may affect this status, including, without
limitation, upon any relevant indictments or convictions of crimes.
The warranties set in this section are in addition to, and not in lieu of, any other
warranties set forth in this Agreement or implied by law.
7. Records Maintenance and Access; Audit.
a. Records, Access to Records and Facilities. Grantee shall make and retain
proper and complete books of record and account and maintain all fiscal records related
to this Agreement and the Project in accordance with all applicable generally accepted
accounting principles, generally accepted governmental auditing standards, and state
minimum standards for audits of municipal corporations. Grantee shall ensure that each
of its subgrantees and subrecipients complies with these requirements. CJC, the Secretary
of State of the State of Oregon (the "Secretary"), and their duly authorized
representatives shall have access to the books, documents, papers and records of Grantee
that are directly related to this Agreement, the funds provided hereunder, or the Project
for the purpose of making audits and examinations. In addition, CJC, the Secretary, and
their duly authorized representatives may make and retain excerpts, copies, and
transcriptions of the foregoing books, documents, papers, and records. Grantee shall
permit authorized representatives of CJC and the Secretary to perform site reviews of the
Project, and to inspect all vehicles, real property, facilities and equipment purchased by
Grantee as part of the Project, and any transportation services rendered by Grantee.
b. Retention of Records. Grantee shall retain and keep accessible all books,
documents, papers, and records that are directly related to this Agreement, the Grant
Funds or the Project for a minimum of six (6) years, or such longer period as may be
required by other provisions of this Agreement or applicable law, following the Project
End Date. If there are unresolved audit questions at the end of the six -year period,
Grantee shall retain the records until the questions are resolved.
C. Expenditure Records. Grantee shall document the expenditure of all funds
disbursed by CJC under this Agreement. Grantee shall create and maintain all
S
expenditure records in accordance with generally accepted accounting principles and in
sufficient detail to permit CJC to verify how the moneys were expended.
8. Grantee Subagreements and Procurements
a. Subagreements. Grantee may enter into agreements with subgrantees and
subrecipients ("Subagreements") for implementation of portions of the Project.
i. Each Subagreement must be in writing executed by Grantee and must
incorporate and pass through all of the applicable requirements of this Agreement
to the other party or parties to the Subagreement. Use of a Subagreement does not
relieve Grantee of its responsibilities under this Agreement.
ii. Grantee shall notify CJC of each Subagreement and provide CJC with a
copy of a Subagreement upon request by CJC. Any material breach of a term or
condition of a Subagreement relating to Grant Funds provided under this
Agreement must be reported by Grantee to CJC within ten (10) days of its
discovery.
b. Subagreement indemnity; insurance.
Each Subagreement shall require any party to such Subagreement that is neither a
unit of local government (as defined in ORS 190.003) nor a unit of state government
(as defined in ORS 174.111) to indemnify, defend, save and hold harmless the CJC and
its officers, employees and agents from and against any and all claims, actions,
liabilities, damages, losses, or expenses (including attorneys' fees) arising from a tort
(as now or hereafter defined in ORS 30.260) caused, or alleged to be caused, in whole
or in part, by the negligent or willful acts or omissions of the other party to the
Subagreement or any of such party's officers, agents, employees or contractors
("Claims'). It is the specific intention of the Parties that CJC shall, in all instances,
except for Claims arising solely from the negligent or willful acts or omissions of the
CJC, be indemnified by the other party to the Subagreement from and against any and
all Claims.
Any such indemnification shall also provide that neither the other party to such
Subagreement nor any attorney engaged by such party shall defend a Claim in the name
of the State of Oregon or an agency of the State of Oregon, nor purport to act as legal
representative of the State of Oregon or any of its agencies, without the prior written
consent of the Oregon Attorney General. The State may, at any time at its election,
assume its own defense and settlement in the event that it determines that the other party
to such Subagreement is prohibited from defending the State or that such other party is
not adequately defending the State's interests, or that an important governmental
principle is at issue or that it is in the best interests of the State to do so. The State
reserves all rights to pursue claims it may have against the other party to such
Subagreement if the State elects to assume its own defense.
Grantee shall require any party to a Subagreement that is neither a unit of local
government (as defined in ORS 190.003) nor a unit of state government (as defined in
ORS 174.111) to obtain and maintain insurance of the types and in the amounts provided
in Exhibit B to this Agreement.
C. Procurements.
i. Grantee shall purchase any equipment, materials, or services for the
Project under procedures that comply with Oregon law, including all applicable
provisions of the Oregon Public Contracting Code and rules.
ii. All procurement transactions, whether negotiated or competitively bid and
without regard to dollar value, shall be conducted in a manner so as to provide
maximum open and free competition. Grantee must justify to CJC any non-
competitive or sole -source procurement. Justification should include a
description of the equipment, materials or services procured, an explanation of
why it was necessary to procure noncompetitively, time constraints and any other
pertinent information. In addition to any other approvals required by law
applicable to Grantee, all sole source procurements in excess of $100,000 must
receive CJC's prior written approval. Intergovernmental agreements between
units of government are excluded from this requirement to obtain CJC approval of
sole source procurements.
iii. The Grantee shall be alert to organizational conflicts of interest or non-
competitive practices among vendors that may restrict or eliminate competition or
otherwise restrain trade. A vendor that develops or drafts specifications,
requirements, statements of work, or Requests for Proposals (RFP) for a proposed
procurement shall be excluded from bidding or submitting a proposal to compete
for the award in such procurement. A request for a waiver of this restriction must
be submitted to and approved by CJC in advance and in writing.
9. Default. Grantee shall be in default under this Agreement upon the occurrence of
any of the following events:
a. Grantee fails to perform, observe or discharge any of its covenants,
agreements or obligations set forth in this Agreement, including, but not limited to,
the Project Deliverables described in Exhibit A; or
b. Any representation, warranty or statement made by Grantee in this Agreement or
in any documents or reports relied upon by CJC to monitor implementation of the Project,
the use of the Grant Funds or the performance by Grantee, is untrue in any material respect
when made.
10. Remedies upon Default. If Grantee's default is not cured within thirty (30) calendar
days of written notice of the default to Grantee from CJC or such longer period as CJC may
authorize in its sole discretion, CJC may pursue any remedies available under this Agreement, at
law or in equity. Such remedies include, but are not limited to, termination of this Agreement as
0
provided in Section 1 l.a.ii, suspension of further disbursements of Grant Funds, recovery of
Grant Funds (including, but not limited to, return, upon CJC's demand, of any Grant Funds
expended in violation or contravention of one or more of the provisions of this Agreement), and
declaration of ineligibility for the receipt of future awards from CJC.
11. Termination
a. Termination by CJC. CJC may terminate this Agreement upon thirty (30) days
advance written notice of termination to Grantee. In addition, CJC may terminate this
Agreement effective upon delivery of written notice of termination to Grantee, or at such
later date as may be established by CJC in such written notice, if.
i. Grantee fails to implement the Project during the Project Period or
commencement or continuation of the Project by Grantee is, for any reason,
rendered improbable, impossible, or illegal; or
ii. Grantee is in default under this Agreement and has failed to cure the
default within the time period specified in Section 10; or
iii. Grantee takes an action without the approval of CJC that, under the
provisions of this Agreement, requires the approval of CJC; or
iv. CJC fails to receive funding, appropriations, limitations or other
expenditure authority sufficient to allow CJC, in the exercise of its reasonable
administrative discretion, to continue to make payments under this Agreement; or
V. Federal or state laws, rules, regulations or guidelines are modified or
interpreted in such a way that the Project is no longer allowable or no longer
eligible for funding under this Agreement; or
vi. The Project would not produce results commensurate with the further
expenditure of funds.
b. Termination by Grantee. Grantee may terminate this Agreement effective upon
delivery of written notice of termination to CJC, or at such later date as may be
established by Grantee in such written notice, if:
i. After conferring with CJC, Grantee has determined that the requisite local
funding to continue the Project is unavailable to Grantee or Grantee is unable to
continue implementation of the Project as a result of circumstances not reasonably
anticipated by Grantee at the time it executed this Agreement and that are beyond
Grantee's reasonable control; or
ii. Federal or state laws, rules, regulations or guidelines are modified or
interpreted in such a way that the Project is no longer allowable or no longer
eligible for funding under this Agreement.
C. Effect of Termination. Upon termination of this Agreement, CJC may end all
further disbursements of Grant Funds. Termination of this Agreement shall not affect
VA
Grantee's obligations under this Agreement or CJC's right to enforce this Agreement
against Grantee in accordance with its terms, with respect to Grant Funds actually
received by Grantee or with respect to portions of the Project actually implemented.
Specifically, but without limiting the generality of the preceding sentence, Sections 7 and
12 shall survive termination of this Agreement.
12. GENERAL PROVISIONS
a. Contribution. If any third party makes any claim or brings any action, suit or
proceeding alleging a tort as now or hereafter defined in ORS 30.260 ("Third Partv
Claim") against one of the Parties (the "Notified Partv") relating to this Agreement or the
Project and with respect to which the other party ("Other Partv") may have liability, the
Notified Party must promptly notify the Other Party in writing of the Third Party Claim
and deliver to the Other Party a copy of the claim, process, and all legal pleadings with
respect to the Third Party Claim. Either party is entitled to participate in the defense of a
Third Party Claim and to defend a Third Party Claim with counsel of its own choosing.
Receipt by the Other Party of the notice and copies required in this paragraph and
meaningful opportunity for the Other Party to participate in the investigation, defense and
settlement of the Third Party Claim with counsel of its own choosing are conditions
precedent to the Other Party's contribution obligation with respect to the Third Party
Claim.
With respect to a Third Party Claim for which CJC is jointly liable with Grantee (or
would be if joined in the Third Party Claim ), CJC shall contribute to the amount of
expenses (including attorneys' fees), judgments, fines and amounts paid in settlement
actually and reasonably incurred and paid or payable by Grantee in such proportion as is
appropriate to reflect the relative fault of the CJC on the one hand and of the Grantee on
the other hand in connection with the events which resulted in such expenses, judgments,
fines or settlement amounts, as well as any other relevant equitable considerations. The
relative fault of CJC on the one hand and of Grantee on the other hand shall be
determined by reference to, among other things, the Parties' relative intent, knowledge,
access to information and opportunity to correct or prevent the circumstances resulting in
such expenses, judgments, fines or settlement amounts. CJC's contribution amount in any
instance is capped to the same extent it would have been capped under Oregon law,
including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if CJC had sole liability in
the proceeding.
With respect to a Third Party Claim for which Grantee is jointly liable with CJC (or
would be if joined in the Third Party Claim), Grantee shall contribute to the amount of
expenses (including attorneys' fees), judgments, fines and amounts paid in settlement
actually and reasonably incurred and paid or payable by CJC in such proportion as is
appropriate to reflect the relative fault of Grantee on the one hand and of CJC on the
other hand in connection with the events which resulted in such expenses, judgments,
fines or settlement amounts, as well as any other relevant equitable considerations. The
relative fault of Grantee on the one hand and of CJC on the other hand shall be
determined by reference to, among other things, the Parties' relative intent, knowledge,
access to information and opportunity to correct or prevent the circumstances resulting in
such expenses, judgments, fines or settlement amounts. Grantee's contribution amount in
any instance is capped to the same extent it would have been capped under Oregon law,
including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if it had sole liability in
the proceeding.
b. Dispute Resolution. The Parties shall attempt in good faith to resolve any
dispute arising out of this Agreement. In addition, the Parties may agree to utilize a
jointly selected mediator or arbitrator (for non -binding arbitration) to resolve the dispute
short of litigation.
C. Amendments; budget changes. This Agreement may be amended only by a
written instrument signed by both Parties and approved as required by applicable law.
Grantee may propose changes to the Project Budget in Exhibit A that do not increase the
total budget amount. If Grantee's proposed changes do not alter any line item in the
Project Budget by more than ten percent, the proposed changes to the Project Budget will
be effective upon written approval by CJC delivered to Grantee as provided in Section
12.f. All other changes to the Project Budget must be implemented through a formal
amendment to this Agreement before the changes become effective.
d. Duplicate Payment. Grantee is not entitled to compensation or any other form of
duplicate, overlapping or multiple payments for costs covered by Grant Funds under this
Agreement from any agency of the State of Oregon or any other party, organization or
individual.
e. No Third Party Beneficiaries. CJC and Grantee are the only Parties to this
Agreement and are the only Parties entitled to enforce its terms. Nothing in this
Agreement gives, is intended to give, or shall be construed to give or provide any benefit
or right, whether directly or indirectly, to a third person unless such a third person is
individually identified by name in this Agreement and expressly described as an intended
beneficiary of the terms of this Agreement.
Grantee acknowledges and agrees that the Federal Government, absent express written
consent by the Federal Government, is not a party to this Agreement and shall not be
subject to any obligations or liabilities to the Grantee or any other person pertaining to
any matter resulting from this Agreement.
L Notices. Except as otherwise expressly provided in this Agreement, any notices
to be given by a Party to the other Party hereunder shall be given in writing by personal
delivery, facsimile, email, or mailing the same by registered or certified mail, postage
prepaid, to Grantee Contact or CJC Contact at the address or number set forth on the
signature page of this Agreement, or to such other addresses or numbers as either Party
may hereafter indicate pursuant to this Section 1 Lf Any notice personally delivered shall
be deemed to be given when actually delivered. Any notice delivered by facsimile shall
be deemed to be given when receipt of the transmission is generated by the transmitting
machine, and to be effective against CJC, such facsimile transmission must be confirmed
by telephone notice to CJC Contact. Any notice by email shall be deemed to be given
when the recipient of the email acknowledges receipt of the email. Any notice by
registered or certified mail shall be deemed to be given three (3) days after mailing. The
parties also may communicate by telephone, regular mail or other means, but such
communications shall not be deemed notices under this Section unless receipt by the
other Party is expressly acknowledged in writing by the receiving party.
g. Work Product. To the extent it has the necessary rights, Grantee hereby grants
to CJC a non-exclusive, irrevocable, perpetual, royalty -free, license to use, reproduce,
prepare derivative works based upon, distribute copies of, perform and display for
governmental purposes, all documents, reports and works of authorship created,
produced or obtained as part of or in connection with the Project ("Work Product").
Grantee shall deliver copies of Work Product to CJC upon request. In addition, if
applicable law requires that CJC own any intellectual property created, produced or
obtained as part of or in connection with the Project, then Grantee shall execute such
further documents and instruments as CJC may reasonably request in order to assign
ownership in the intellectual property to CJC.
h. Governing Law, Consent to Jurisdiction.
i. The laws of the State of Oregon (without giving effect to its conflicts of law
principles) govern all matters arising out of or relating to this Agreement,
including, without limitation, its validity, interpretation, construction,
performance, and enforcement.
ii. Any claim, action, suit or proceeding (collectively, "Claim") between CJC
(and/or any other agency or department of the State of Oregon) and Grantee that
arises from or relates to this Agreement must be brought and conducted solely and
exclusively within the Circuit Court of Marion County for the State of Oregon
(unless Oregon law requires that it be brought and conducted in another Oregon
county). Grantee hereby consents to the exclusive jurisdiction of such court,
waives any objection to venue, and waives any claim that such forum is an
inconvenient forum.
iii. Notwithstanding Section 12.h.ii above, if a Claim must be brought in a
federal forum, then it must be brought and adjudicated solely and exclusively
within the United States District Court for the District of Oregon. This Section
12.h.iii applies to a Claim brought against CJC or any other agency or department
of the State of Oregon only to the extent Congress has appropriately abrogated the
State of Oregon's sovereign immunity and is not consent by the State of Oregon
to be sued in federal court. This Section 12.h.iii is also not a waiver by the State
of Oregon of any form of defense or immunity, including, but not limited to,
sovereign immunity and immunity based on the Eleventh Amendment to the
Constitution of the United States.
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i. Compliance with Law. Grantee shall comply with all federal, state and local
laws, regulations, executive orders and ordinances applicable to the Agreement or to the
implementation of the Project. Without limiting the generality of the foregoing, Grantee
expressly agrees to comply with (i) Title VI of Civil Rights Act of 1964; (ii) Title V and
Section 504 of the Rehabilitation Act of 1973; (iii) the Americans with Disabilities Act of
1990 and ORS 659A.142; (iv) all regulations and administrative rules established
pursuant to the foregoing laws; and (v) all other applicable requirements of federal and
state civil rights and rehabilitation statutes, rules and regulations.
j. Insurance; Workers' Compensation. All employers, including Grantee, that
employ subject workers who provide services in the State of Oregon shall comply with
ORS 656.017 and provide the required Workers' Compensation coverage, unless such
employers are exempt under ORS 656.126. Employer's liability insurance with coverage
limits of not less than $500,000 must be included. Grantee shall ensure that each of its
subgrantees and subrecipients complies with these requirements.
k. Independent Contractor. Grantee shall implement the Project as an independent
contractor and not as an agent or employee of CJC. Grantee has no right or authority to
incur or create any obligation for or legally bind CJC in any way. CJC cannot and will
not control the means or manner by which Grantee implements the Project, except as
specifically set forth in this Agreement. Grantee is responsible for determining the
appropriate means and manner of implementing the Project. Grantee acknowledges and
agrees that Grantee is not an "officer", "employee", or "agent" of CJC, as those terms are
used in ORS 30.265, and shall not make representations to third parties to the contrary.
1. Severability. If any term or provision of this Agreement is declared by a court of
competent jurisdiction to be illegal or in conflict with any law, the validity of the
remaining terms and provisions shall not be affected, and the rights and obligations of the
Parties shall be construed and enforced as if this Agreement did not contain the particular
term or provision held to be invalid.
M. Counterparts. This Agreement may be executed in two or more counterparts (by
facsimile or otherwise), each of which is an original and all of which together are deemed
one agreement binding on all Parties, notwithstanding that all Parties are not signatories
to the same counterpart.
n. Integration and Waiver. This Agreement, including all Exhibits, constitutes the
entire agreement between the Parties on the subject matter hereof. There are no
understandings, agreements, or representations, oral or written, not specified in this
Agreement regarding this Agreement. The delay or failure of either Party to enforce any
provision of this Agreement shall not constitute a waiver by that Party of that or any other
provision.
Grantee, by the signature below of its authorized representative, hereby acknowledges that it has
read this Agreement, understands it, and agrees to be bound by its terms and conditions.
Approved by Grantee
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Signature of Grantee
Name/Title
Federal Tax ID Number
Date
State Tax ID Number
Approved by the State of Oregon, acting by and through its Criminal Justice Commission
Michael Schmidt, Executive Director
Approved for Legal Sufficiency
Approved for Legal Sufficiency by AAG Sam Zeigler by email dated 10/31/19
Sam Zeigler Date
CJC Contact Administrator
Alex Pichel
885 Summer St. NE
Salem, OR 97301-2524
Alex.Pichel@oregon.gov
(503) 378-4850
12
Date
Grantee Contact
Lt. Jason Maniscalco
City of Bend Police Department
555 NE 15th St, Bend, OR 97701
jamaniscalco@bendoregon.gov
(541)388-6643
EXHIBIT A
Project Description and Budget
Pursuant to Senate Bill (SB) 1544 (2018), the goal of CJC's Illegal Marijuana Market
Enforcement Grant Program ("Grant Program") is to assist cities and counties with the costs
incurred by local law enforcement agencies in addressing unlawful marijuana cultivation or
distribution operations. The Grant Program prioritizes the following approaches to achieving its
goal:
(a) Providing financial assistance to local law enforcement agencies and district attorneys
in rural areas of this state to address unlawful marijuana cultivation or distribution
operations;
(b) Supporting local law enforcement agencies and district attorneys in investigating and
prosecuting large-scale unlawful marijuana cultivation or distribution operations;
(c) Providing financial assistance to local law enforcement agencies and district attorneys
in the investigation and prosecution of organized crime involved in unlawful marijuana
cultivation or distribution operations; and
(d) Providing financial assistance to local law enforcement agencies and district attorneys
in the investigation and prosecution of unlawful marijuana cultivation or distribution
operations that divert marijuana outside of this state.
In furtherance of the Grant Program, and to address unlawful marijuana cultivation or
distribution operations within its jurisdiction, Grantee shall use the Grant Funds to fund the
following (collectively, the "Project Deliverables"):
Fund ONE data analyst; fund ONE new outreach coordinator; fund ONE financial analyst
contract; fund ONE researcher contract; and fund other contractual services, equipment,
supplies, travel and training, rent/utilities, and other expenses, in the amounts approved by
the Criminal Justice Commission.
Grantee may not use Grant Funds for any of the following:
• Covering unrelated, existing law enforcement costs;
• Standard weapons, ammunition, and related equipment normally and routinely provided
by the locality;
• Standard clothing and uniforms normally and routinely provided by the locality;
• Standard vehicles normally and routinely provided by the locality to others in the same
roles;
• Land acquisition;
• Lobbying or political activities, including political contributions;
• Salary bonuses; or
• Other unallowable expenses as identified in the CJC's Grant Management Handbook,
available on the CJC's web site.
Additionally, Grantee may use no more than ten percent (10%) of Grant Funds to cover Grant
Program administrative costs.
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Grantee must track data that demonstrates the impact of the Grant Funds on its enforcement
operations and report that impact through the Progress Reports mandated by Section 3.a of the
Grant Agreement.
Project Start Date: July 1, 2019
GRANT #: IMMEGP 1921 02
GRANTEE PROGRAM CONTACT:
Lt. Jason Maniscalco
City of Bend Police Department
EMAIL: jamaniscalco@bendoregon.gov
TELEPHONE: (541) 388-6643
BUDGET SUMMARY:
Project End Date: December 31, 2021
GRANTEE FISCAL CONTACT:
Joe Brundage, Business Manager
Deschutes County Sheriff's Office
EMAIL: Joe.Brundage@deschutes.org
TELEPHONE: (541) 385-3247
Grant Funds
Approved
Personnel Salaries
$241,357.92
Contractual/Consultant Services
$105,000.00
Rent And Utilities
$37,539.00
Supplies
$0
Travel/Training/Conferences
$20,000
Equipment
$20,000
Administration
$0
Other Expenses
$13,000
Total
$436,896.92
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EXHIBIT B
Subagreement Insurance Requirements
If any party to a Subagreement is neither a unit of local government (as defined in ORS 190.003)
nor a unit of state government (as defined in ORS 174.111), Grantee shall require that party to: i)
obtain insurance specified under TYPES AND AMOUNTS and meet the requirements
under ADDITIONAL INSURED, "TAIL" COVERAGE, CERTIFICATES OF INSURANCE,
and NOTIFICATION OF CHANGE OR CANCELLATION before the subgrantee performs
under Subagreement; and ii) maintain the insurance in full force throughout the duration of the
Subagreement. The insurance must be provided by insurance companies or entities that are
authorized to transact the business of insurance and issue coverage in the State of Oregon and
that are acceptable to CJC. Grantee shall not authorize a subgrantee to begin work under a
Subagreement until the insurance is in full force. Thereafter, Grantee shall monitor continued
compliance with the insurance requirements on an annual or more frequent basis. Grantee shall
incorporate appropriate provisions in the Subagreements permitting it to enforce subgrantee
compliance with the insurance requirements and shall take all reasonable steps to enforce such
compliance. Examples of "reasonable steps" include issuing stop work orders (or the equivalent)
until the insurance is in full force or terminating the Subagreement as permitted by the
Subagreement, or pursuing legal action to enforce the insurance requirements. In no event shall
Grantee permit a subgrantee to work under a Subagreement when the Grantee is aware that the
subgrantee is not in compliance with the insurance requirements.
TYPES AND AMOUNTS.
i. WORKERS COMPENSATION. Workers' Compensation Insurance as required by applicable
workers' compensation laws for persons performing work under a Subagreement including
Employers' Liability Insurance with limits not less than $500,000 each accident.
ii. PROFESSIONAL LIABILITY
® Required by CJC ❑ Not required by CJC.
Professional Liability Insurance covering any damages caused by an error, omission or negligent
act related to the services to be provided under the Subagreement, in an amount not less than
$2,000,000 per occurrence. Annual aggregate limit shall not be less than $4,000,000. If
coverage is on a claims made basis, then either an extended reporting period of not less than 24
months shall be included in the Professional Liability Insurance coverage, or the subgrantee
shall provide Tail Coverage as stated below.
iii. COMMERCIAL GENERAL LIABILITY.
® Required by CJC ❑ Not required by CJC.
Commercial General Liability Insurance covering bodily injury, death, and property damage in a
form and with coverages that are satisfactory to CJC. This insurance shall include personal injury
liability, products and completed operations and contractual liability coverage for the indemnity
15
provided under the Subagreement. Coverage shall be written on an occurrence form basis in an
amount of not less than $1,000,000 per occurrence. Annual aggregate limit shall not be less than
$2,000,000.
iv. AUTOMOBILE LIABILITY.
® Required by CJC ❑ Not required by CJC.
Automobile Liability Insurance covering all owned, non -owned and hired vehicles with a
combined single limit of not less than $1,000,000 for bodily injury and property damage.
ADDITIONAL INSURED. The Commercial General Liability insurance and Automobile
Liability insurance must include the State of Oregon, CJC, and their officers, employees and
agents as Additional Insureds, but only with respect to the activities to be performed under the
Subagreement. Coverage must be primary and non-contributory with any other insurance and
self-insurance.
"TAIL" COVERAGE. If any of the required insurance is on a "claims made" basis and does not
include an extended reporting period of at least 24 months, the subgrantee shall maintain either
"tail" coverage or continuous "claims made" liability coverage, provided the effective date of the
continuous "claims made" coverage is on or before the effective date of the Subagreement, for a
minimum of 24 months following the later of: (i) the subgrantee's completion and Grantee's
acceptance of all work required under the Subagreement or (ii) the expiration of all warranty
periods provided under the Subagreement.
CERTIFICATE(S) OF INSURANCE. Grantee shall obtain from the subgrantee a certificate(s) of
insurance for all required insurance before the subgrantee performs under the Subagreement. The
certificate(s) must list the State of Oregon, its officers, employees and agents as a Certificate
holder and as Additional Insured, specify that subgrantee shall pay for all deductibles, self -
insured retention and self-insurance, if any, that all coverage shall be primary and non-
contributory with any other insurance and self-insurance, and confirm that either an extended
reporting period of at least 24 months is provided on all claims made policies or that tail
coverage is provided. As proof of insurance, CJC has the right to request copies of the
certificate(s) or insurance policies relating to the insurance requirements in this Agreement.
NOTICE OF CHANGE OR CANCELLATION. The subgrantee or its insurer must provide at
least 30 days' written notice to Grantee and CJC before cancellation of, material change to,
potential exhaustion of aggregate limits of, or non -renewal of the required insurance coverage(s).
INSURANCE REQUIREMENT REVIEW. Grantee agrees to periodic review of insurance
requirements by CJC under this Agreement and to provide updated requirements as mutually
agreed upon by Grantee and CJC.
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E S C0G
o ° c Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners BOCC Wednesday Meeting of January 22, 2020
DATE: January 16, 2020
FROM: Andrea Perkins, Finance,
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Resolution No. 2020-004, Budget Adjustment - Illegal
Marijuana Enforcement.
RECOMMENDATION & ACTION REQUESTED:
Deschutes County Sheriffs Office is requesting approval to accept the funding from the
CJC grant as revenue to fund the expenses related to Illegal Marijuana Enforcement,
including the continuation of 1.00 FTE for an Management Analyst position at the Sheriffs
Office and .45 FTE Management Analyst at the District Attorney's Office and various
material and services expenses as outlined in the Budget Adjustment Worksheet.
BACKGROUND AND POLICY IMPLICATIONS:
The Sheriff's Office and the DA have been awarded a grant in the amount of $436,896.92 to
be split evenly among fiscal years 2020 and 2021 to provide additional resources in the
enforcement of illegal marijuana. The grant provides part time analyst positions at the DA and
DCSO, funds for research, evaluation, training, and other misc. expenses related to this effort.
FISCAL IMPLICATIONS:
The Grant Award is for $436,896.92 for the fiscal years 2020 and 2021. The grant began on
November 1, 2019 and will end on June 30, 2021. The grant disbursement schedule splits the
award evenly between the two years and will fund the 1.00 FTE Management Analyst at the
Sheriff's Office, as well as the increase of .45 FTE for the Management Analyst at the DA.
Both positions will be funded through June 30, 2021. At the conclusion of this grant, our
current plan is that if it were not renewed or replaced, the FTEs would be removed or returned
to other positions. Staffing fluctuations, as well as the time it takes to recruit and hire new
deputies, provide flexibility in absorbing the additional FTE, should the position end. The
attached schedule breaks down the other costs associated with this grant and the budget
adjustment we are requesting. These funds will be collected by the Sheriff's Office and passed
through to the DA's revenue account to fund the DA's staffing expense.
ATTENDANCE: Joe Brundage; other DCSO leadership as necessary