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Home My WebLink AboutDoc 517 - Youth Devel Div IGADeschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org AGENDA REQUEST & STAFF REPORT For Board Business Meeting of September 16,2013 Please see directions for completing this document on the next page. DATE: September 10, 2013 FROM: Hilllary Saraceno ELD/DCHS (541) 317-3178 TITLE OF AGENDA ITEM: Consideration of Board signature on Document #2013-517, the Youth Development Division 2013-14 Intergovernmental Agreement between the State of Oregon, Youth Development Division and Deschutes County. PUBLIC HEARING ON THIS DATE? No BACKGROUND AND POLICY IMPLICATIONS: This is an intergovernmental agreement for the 2013-14 year between the State of Oregon, Youth Development Division and Deschutes County. This agreement describes the activities of the Youth Investment, Juvenile Crime Prevention, Community Schools, and Casey grants. FISCAL IMPLICATIONS: The 2013-14 Deschutes County Health Services, Early Learning Division proposed budget does not include this funding. The maximum amount for all funding under this agreement is $225,209. RECOMMENDATION & ACTION REOUESTED: Approval and signature of the Board of County Commissioners on Document #2013-517 the 2013-14 Youth Development Division Intergovernmental Agreement. ATTENDANCE: Sarah Peterson, Debi Harr DISTRIBUTION OF DOCUMENTS: Return the original documents to Hillary Saraceno at Deschutes County Children & Families Commission, 1130 NW Harriman, Suite A, Bend, OR 97701 · . .".-. DESCHUTES COUNTY DOCUMENT SUMMARY (NOTE: This fonn is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board agenda, the Agenda Request Fonn is also required. If this fonn is not included with the document, the document will be returned to the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the County Administrator or the Commissioners. In addition to submitting this fonn with your documents, please submit this fonn electronically to the Board Secretary.) Please complete all sections above the Official Review line. Date: ISeptember 10, 201 ~ Department: IELDj Contractor/Supplier/Consultant Name: IOregon Department of Education, Youthl IDevelopment Divisionl Contractor Contact: Iris Bell, Director, Youth Develo ment Division Contractor Phone #: 503 373-128 Type of Document: Intergovernmental Agreement Goods and/or Services: This is an Intergovernmental Agreement for the year 2013-14 between the State of Oregon, Youth Development Division and Deschutes County. This agreement describes the funding for Youth Investment, Juvenile Crime Prevention, Community Schools, and Casey grant activities. Background & History: This one year agreement allocates funding and describes the requirements and restrictions of this funding for youth activities. The 2013-14 Deschutes County Health Services, Early Learning Division proposed budget did not include this funding, as it was projected to be awarded to another agency for distribution. This funding is not expected to continue in fiscal year 2015. Casey grant funding amount is contingent upon award by competitive grant, so is shown as a zero amount. Agreement Starting Date: puly 1, 201~ Ending Date: pune 30, 201~ Annual Value or Total Payment: 1$225,20~ D Insurance Certificate Received (check box) Insurance Expiration Date: INIAl Check all that apply: D RFP, Solicitation or Bid Process D Informal quotes «$150K) [2J Exempt from RFP, Solicitation or Bid Process (specify -see DCC §2.37) Funding Source: {Included in current budget? Yes [2J No If No, has budget amendment been submitted? DYes [2J No Is this a Grant Agreement providing revenue to the County? [2J Yes D No 9/1012013 Special conditions attached to this grant: None Deadlines for reporting to the grantor: Quarterly on the following dates; November 3, February 2, May 1, & August 3. If a new FTE will be hired with grant funds, confirm that Personnel has been notified that it is a grant-funded position so that this will be noted in the offer letter: DYes D No Contact information for the person responsible for grant compliance: Name: Hilla Saraceno Phone #: 541 317-317 Departmental Contact and Title: Scott Johnson Phone #: (541) 322-7502 Department Director Approval: Distribution of Document: 1130 NW Harriman, Ste. A, Bend OR 97701. ___~~--\-","---____ Date Please return a iginals to Sarah Peterson at ELD, Official Review: County Signature Required (check one): 00 BOCe 0 Department Director (if <$25K) o Administrator (if >$25K but <$15~K; ~17$150K, BOee Order No. _____.) Legal Review Jh;;-r-k (1J~ Date q-1/ -I ) Document Number 2013-517 911012013 ROB S. SAXTON Deputy Superintendent of Public Instruction September 3,2013 Hillary Saraceno, Program Manager Deschutes County 63360 Britta Street, Bldg 1 Bend, OR 97701 Dear Ms. Saraceno: Enclosed please find Contract #9884 with Deschutes County. If the terms of the Contract are acceptable please sign on page 2. Please return the Contract at your earliest convenience, preferably within seven (7) business days. When all required signatures have been obtained, a copy of the fully executed Contract will be provided to you. Please contact me immediately if you have any questions or concerns regarding the Contract or its process. Respectfully, Lisa Kennedy-Reid Procurement Assistant Office of Finance & Administration Oregon Department of Education Phone: 503-947-5848 Fax: 503-378-5156 Email: lisa.kennedy-reid@state.or.us Enclosure OREGON DEPARTMENT OF EDUCATION Public Service Building, 255 Capitol Street NE, Salem, Oregon 97310 Phone (503) 947-5600 • Fax (503) 378-5156 • www.ode.state.or.us \ STATE OF OREGON LECi.. L C I'N5R DEPARTMENT OF EDUCATION ---I YOUTH DEVELOPMENT DIVISION 2013-2014 COUNTY INTERGOVERNMENTAL AGREEMENT This 2013-2014 County Intergovernmental Agreement (this "Agreement") is entered into by and between the State of Oregon, acting by and through its Department of Education, Youth Development Division ("Agency"), and Deschutes County, a political subdivision of the State of Oregon ("County"). RECITALS WHEREAS, section 21, chapter 37, Oregon Laws 2012, as amended by section 23, chapter 37, Oregon Laws 2012 and Section 4 of HB 3231 (2013), authorizes Agency to enter into performance-based intergovernmental agreements with regional and county entities for the provision of youth development programs, services and initiatives to school-age children through youth 20 years of age in order to support educational success, prevent criminal activity and reduce high risk behaviors; WHEREAS, County has requested financial assistance from Agency for the foregoing purposes; WHEREAS, Agency is willing, upon the terms and conditions of this Agreement, to provide financial assistance to County for the foregoing purposes; and NOW, THEREFORE, in consideration of the foregoing premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: AGREEMENT 1. Effective Date and Duration. Upon signature by all applicable parties, this Agreement shall be effective on the later of July 1, 2013 or (b) when required, the date this Agreement has been approved by the Department of Justice, regardless of the date the Agreement is actually signed by all other parties . Unless terminated earlier in accordance with its terms, this Agreement shall terminate on June 30, 2014. 2. Agreement Documents, Order of Precedence. This Agreement consists of the following documents, which are listed in descending order of precedence. In the event of a conflict between two or more of these documents, the language in the document with the highest precedence shall control. This Agreement without Exhibits Exhibit A Definitions Exhibit B Funding Area Descriptions Exhibit C Award Exhibit D Special Terms and Conditions Exhibit E General Terms and Conditions Exhibit F Standard Terms and Conditions Exhibit G Required Federal Terms and Conditions ODE Contract # 9884 Deschutes County Page 1 of 35 DC 2 1'~. z Exhibit H Juvenile Crime Prevention Exhibit I Community Schools Exhibit J Casey Partnership County, by execution of this Agreement, hereby acknowledges County has read this Agreement, understands it, and agrees to be bound by its terms and conditions. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the dates set forth below their respective signatures. STATE OF OREGON ACTING BY AND THROUGH ITS DEPARTMENT OF EDUCATION, By: Name: Lillie Gray, DPO, CPPB, OBPC Title: Director of Procurement Services Date: DESCHUTES COUNTY ACTING BY AND THROUGH ITS BOARD OF COUNTY COMMISSIONERS I By: Name: Title: Date: STATE OF OREGON ACTING BY AND THROUGH ITS DEPARTMENT OF JUSTICE [The balance of this page is intentionally left blank.] ODE Contract # 9884 Deschutes County Page 2 of 35 EXHIBIT A DEFINITIONS As used in this Agreement, the following words and phrases shall have the indicated meanings. 1. "Activity" or "Service" means an activity or service falling within a Funding Area, whose costs are covered in whole or in part with financial assistance Agency pays to County pursuant to this Agreement 2. "Administrative Costs" means Allowable Costs incurred by County or a Provider in administering implementation of the Plan, as determined in accordance with Office of Management and Budget Circulars A-87 and A-122, as revised from time to time. 3. "Agency" has the meaning set forth in the first paragraph of this Agreement. 4. "Allowable Costs" means those costs that are reasonable and necessary for the implementation of the Plan as determined in accordance with Office of Management and Budget Circulars A-87 and A-122, as revised from time to time. 5. "Claim" has the meaning set forth in Section 4 of Exhibit F. 6. "Agreem~nt" means this 2013-2014 County Intergovernmental Agreement. 7. "County" has the meaning set forth in the first paragraph of this Agreement 8. "Federal Funds" means all funds paid to County under this Agreement that Agency receives from an agency, instrumentality or program of the federal government of the United States. 9. "Funding Area" means anyone of the areas enumerated and further described in Exhibit B. 10. "Funding Area Description" means the description of a Funding Area set forth on Exhibit B. 11. "Misexpenditure" has the meaning set forth in Section 1 of Exhibit E. 12. "Plan" means the County's most recently adopted Local Coordinated Comprehensive Plan, the provisions of which are incorporated herein by this reference. 13. "Provider" has the meaning set forth~in section 5 of Exhibit E. As used in a Funding Area Description, Provider also includes County if County conducts an Activity within that Funding Area directly. 14. "Underexpenditure" has the meaning set forth in section 1 of Exhibit E. rrhe balance of this page is intentionally left blank.] I I ODE Contract # 9884 Deschutes County Page 30f35 EXHIBIT B FUNDING AREA DESCRIPTIONS 1. Youth Investment. Youth Investment activities are described in OAR 423-008-0005. 2. Juvenile Crime Prevention (JCP). JCP services are described in Exhibit H. 3. Community Schools. Community Schools activities are training and technical assistance to promote the development and implementation of a network of community schools, as further described in Exhibit I. 4. Casey Partnership. Casey Partnership activities are activities to safely and equitably reduce the number of children in foster care, as further described in Exhibit J [The balance of this page is intentionally left blank.] ODE Contract # 9884 Deschutes County Page 40f35 r I EXHIBIT C AWARD FUNDING AREA GENERAL FUND FEDERAL FUNDS CFDA NUMBER • 1. Youth Investment $125,048.00 93.667 12. JCP Prevention $91,379.00 I 3. Community Schools $8,782.00 I 4. Casey Partnership 93.658 EXPLANATION OF AWARD The Award set forth above reflects the maximum amount of financial assistance that Agency will provide to County under this Agreement in support of Activities or Services in each of the specified Funding Areas. The CFDA (Catalog of Federal Domestic Assistance) Number specifies the source of federal funds as follows: CFDA Number 93.667 specifies Title XX block grant funds, CFDA Number 93.658 specifies Title IV-E Foster Care. [ The balance of this page is intentionally left blank.] I I I i I I i I f ODE Contract # 9884 Deschutes County Page 50f35 \ , EXHIBIT D SPECIAL TERMS AND CONDITIONS 1. Special Restrictions on Expenditure of Award. In addition to any other restriction or limitation on County's expenditure of financial assistance, County may expend financial assistance provided under this Agreement only in accordance with the limitations set forth in OAR 423-009-0020 and 423-009-0010 and, with respect to Activities within a specific Funding Area, the limitations set forth in 423-009-0005 and 423-008-0005. County may not expend financial assistance provided under this Agreement in excess or contravention of the foregoing limits. 2. Carryover. Notwithstanding Section 1 of Exhibit E, if authorized by Agency in writing in accordance with OAR 423-009-0010, County may retain and expend in accordance with 423-009-0010, financial assistance disbursed to County under this Agreement that is not expended at Agreement termination. All financial assistance retained by County in accordance with this section that is not expended within 90 days after the termination of this Agreement shall be deemed Underexpenditure subject to recovery under Section 1 of Exhibit E. 3. Reporting. In accordance with OAR 423-009-0010, County shall submit such fiscal and activity reports to Agency on the Activities and Services funded with financial assistance provided under this Agreement, as Agency may reasonably request from time to time .. [The balance of this page is intentionally left blank.] ODE Contract # 9884 Deschutes County Page 6 of 35 EXHIBIT E GENERAL TERMS AND CONDITIONS 1. Disbursement, Use and Recovery of Award. a. Disbursement and Use Generally. Subject to the conditions precedent set forth below, Agency shall disburse the financial assistance described in the Award to County in accordance with OAR 423-009-0010 on an expense reimbursement basis or, at Agency's discretion, in periodic proportional allotments. The mere disbursement of financial assistance to County does not vest in County any right to retain those funds. Disbursements not provided on an expense reimbursement basis are considered an advance of funds to County which County may retain only (i) if properly expended, in accordance with terms and conditions of this Agreement, prior to the termination of this Agreement or (ii) if otherwise authorized in writing by Agency pursuant to this Agreement. County shall use disbursed financial assistance for the purposes allowed in this Agreement. County shall not be obligated to provide a level of Activities or Services in Funding Areas beyond the financial assistance provided by Agency. b. Conditions Precedent to Disbursement. Agency's obligation to disburse financial assistance to County under this Agreement is subject to satisfaction, with respect to each disbursement, of each of the following conditions precedent: (i) Agency has received sufficient funding, appropriations and other expenditure authorizations to allow Agency, in the exercise of its reasonable administrative discretion, to make the disbursement. (ii) No default as described in Section 8 of this Exhibit has occurred. (iii) County's representations and warranties set forth in Section 2 of this Exhibit are true and correct on the date of disbursement with the same effect as though made on the date of disbursement. (iv) All other conditions to disbursement set forth in this Agreement have been satisfied. c. Recovery of Award. (i) Notice of Underexpenditure or Misexpenditure. In the event of Underexpenditure or a Misexpenditure (each as defined below) of any moneys disbursed to County under this Agreement, Agency and County shall engage in the process described in this Section 1.c to determine the appropriate amount that Agency may recover from County, and the appropriate method for implementing such recovery. For purposes of this Section1.c, an "Underexpenditure" means money disbursed to County by Agency under this Agreement that has not been expended by County at Agreement termination, other than money, if any, that County is expressly permitted to retain and expend in the future under other provisions of this Agreement, and "Misexpenditure" means money disbursed to County by Agency under this Agreement and expended by County that: ODE Contract # 9884 Deschutes County Page 7 of 35 (ii) ODE Contract # 9884 (a) Is identified by the federal government as expended contrary to applicable statutes, rules, OMB Circulars or any other authority that governs the permissible expenditure of such money, for which the federal government has requested reimbursement by the State of Oregon; or (b) Is identified by the State of Oregon or Agency as expended in a manner other than that permitted by this Agreement, including without limitation, any money expended by County, contrary to applicable statutes, rules, OMB Circulars or any other authority that governs the permissible expenditure of such money; or (c) Is identified by the State of Oregon or Agency as expended on an Activity that did not meet the standards and requirements of this Agreement with respect to that Funding Area. (d) The term "Misexpenditure" does not include any County payments or expenditures that are: (A) Made pursuant to Oregon Administrative Rules; (8) Made with Agency's written discretion or approval; or (C) Consistent with the local plans submitted by County and approved by the Agency. (e) If County payments or expenditures are later determined to be impermissible due to a subsequent modification or applicable statutes, federal rules, OMB Circulars or any other authority not listed in Section 1.c(i)(d) above that governs the expenditures of such monies by County, the parties agree to meet and negotiate in good faith an appropriate apportionment of responsibility for the repayment of the impermissible payments. In the event of an Underexpenditure or a Misexpenditure, Agency shall provide to County notice thereof. County's Response. From the date of County's receipt of the notice of Underexpenditure or Misexpenditure, County shall have the lesser of (i) 90 calendar days, or (ii) if an Underexpenditure or Misexpenditure relates to a federal government request for reimbursement, 30 calendar days fewer than the number of days (if any) the Agency has to appeal a final written decision from the federal government, to. either: (a) Make a payment to the Agency in the full amount of the Underexpenditure or Misexpenditure identified by the Agency; or (b) Notify the Agency that County wishes to repay the amount of the Underexpenditure or Misexpenditure from future payments pursuant to Section 1.c(iv) below; or Deschutes County Page 8 of 35 (iii) ODE Contract # 9884 (c) Notify the Agency that it wishes to engage in the applicable appeal process set forth in Section 1.c(iii} below. The Agency shall not require County to perform additional services to be paid from the Underexpenditure. If County fails to respond within the time required under Section 1.c(ii) above, Agency may recover the amount of the Underexpenditure or Misexpenditure from future payments as set forth in Section 1.c(iv) below. Appeals Process. If County notifies Agency that it wishes to engage in an appeal process with respect to a noticed Underexpenditure or Misexpenditure, the parties shall comply with the following procedures, as applicable: (a) Appeal from Agency-Identified Underexpenditure or Misexpenditure. If the Agency's notice of Underexpenditure or Misexpenditure is based on an Underexpenditure or Misexpenditure other than a Misexpenditure of the type identified in Section 1.c(i)(a) above, County and the Agency shall engage in non-binding discussions to give the County an opportunity to present reasons why it believes that there is, in fact, no Underexpenditure or Misexpenditure or that the amount of the Underexpenditure or Misexpenditure is different than the amount identified by the Agency, and to give the Agency the opportunity to reconsider its notice based on such presentation and discussion. County and Agency may negotiate an appropriate apportionment of responsibility for the repayment of an Underexpenditure or Misexpenditure. In determining an appropriate apportionment of responsibility, County and Agency may consider any relevant factors. An example of a relevant factor is the extent to which either party contributed to an interpretation of a statute, regulation or rule prior to the expenditure that was officially reinterpreted after the expenditure.Jf after such discussions Agency and County disagree as to whether or not there has been an Underexpenditure or Misexpenditure or to the amount thereof, the parties may agree to consider further appropriate dispute resolution processes, including, subject to Department of Justice and County Counsel approval, arbitration. If Agency and County reach agreement on the amount owed to Agency, County shall promptly repay that amount to Agency by issuing payment to Agency or by directing Agency to withhold future payments pursuant to 1.c.(iv) below._However, the parties shall not violate federal or state statutes, administrative rules, other applicable authority, or this Agreement in selecting the method or amount of repayment. If the parties are unable to reach agreement within a reasonable period· of time, Agency may employ other remedies available under this Agreement or otherwise available at law or in equity. (b) Appeal from Federal-Identified Misexpenditures. In the event that the notice of Misexpenditure is based on a federal determination of an improper use of federal funds or a federal notice of disallowance and the relevant federal agency provides a process either by statute or administrative rule to appeal the determination of improper use or notice of disallowance, then County may request that Agency appeal the Deschutes County Page 9 of 35 determination of improper use or notice of disallowance in accordance with the process established or adopted by the federal agency. If County so requests that Agency appeal the determination of improper use of federal funds, federal notice of disallowance or other federal identification of improper use of funds, the amount in controversy shall, at the option of the County, be retained by the County or returned to Agency pending the final federal decision resulting from the initial appeal. County and Agency shall cooperate with each other in pursuing the appeal. Agency shall pursue the appeal until a decision is issued by the Departmental Grant Appeals Board of the Department of Health and Human Services (the "Grant Appeals Board") pursuant to the process for appeal set forth in 45 C.F.R. Subtitle A, Part 16, or an equivalent decision is issued under the appeal process established or adopted by the federal agency. In the event that the Grant Appeals Board or its equivalent denies the appeal Agency may, in its sole discretion, either pursue further appeals in cooperation with County, or notify County that it will recover the Misexpenditure from future payments pursuant to Section 1.c(iv) below. County may choose to pursue any further appeals that might be available to it, and Agency will participate to the extent it determines, at its sole discretion, that its further participation is reasonable and practical. Regardless of any further appeals, within 90 days of the date the federal decision resulting from the initial appeal is final, County shall repay to Agency the amount of the noticed Misexpenditure (reduced, if at all, as a result of the appeal) by issuing payment to Agency or directing Agency to withhold future payments pursuant to Section 1.c.(iv) below. To the extent that County retained any of the amount in controversy while the appeal was pending, the County shall pay to Agency the interest, if any, charged by the federal government on such amount. (iv) Recovery From Future Payments. To the extent that Agency is entitled to recover an Underexpenditure or Misexpenditure from future payments as permitted in this Section 1.c, Agency may recover the Underexpenditure or Misexpenditure by offsetting the amount thereof against future amounts owed to County by Agency. Agency shall provide County written notice of its intent to recover the amount of the Underexpenditure or Misexpenditure from amounts owed County by Agency as set forth in this Section 1.c(iv), and shall identify the amounts owed by Agency which the Agency intends to offset (including the Agreement or Agreements, if any, under which the amounts owed arose). County shall then have 14 calendar days from the date of Agency's notice in which to request the deduction be made from other amounts owed to County by Agency and identified by County. Agency shall comply with County's request for alternate offset, unless the County's proposed alternative offset would cause the Agency to violate federal or state statutes, administrative rules or other applicable authority. In the event that Agency and County are unable to agree on which specific amounts owed to County by Agency the Agency may offset in order to recover the amount of the Underexpenditure or Misexpenditure, then the Agency may select the particular amounts from which it will recover the amount of the Underexpenditure or Misexpenditure, within the following limitations: Agency shall first look to amounts owed to County (but unpaid) under this Agreement. If that amount is insufficient, then Agency may look to any other amounts ODE Contract # 9884 Deschutes County Page 10 of 35 currently owing or owed in the future to County by Agency. In no case, without the prior consent of County, shall the Agency deduct from anyone payment due County under the Agreement or agreement from which Agency is offsetting funds an amount in excess of twenty-five percent (25%) of that payment. The Agency may look to as many future payments as necessary in order to fully recover the amount of the Underexpenditure or Misexpenditure. Consistent with Section 1.c.(v)(d), nothing in this Section 1.c.(iv) shall cause County to violate state or federal constitutions, statutes, regulations, rules or other applicable state or federal authority. (v) Additional Provisions related to parties rights/obligations with respect to Underexpenditures or Misexpenditures. (a) Agency's right to recover Underexpenditures and Misexpenditures from County under this Agreement is not subject to or conditioned on County's recovery of any money from any other entity. (b) If the exercise of the Agency's right to offset under this provision requires the County to complete a re-budgeting process, nothing in this provision shall be construed to prevent the County from fully complying with its budgeting procedures and obligations, or from implementing decisions resulting from those procedures and obligations. (c) Nothing in this provision shall be construed as a requirement or agreement by the County to negotiate and execute any future Agreement with the Agency. (d) Nothing in this Agreement shall require County or Agency to act in violation of state or federal law or the Constitution of the State of Oregon. (e) Nothing in this Section 1.c shall be construed as a waiver by either party of any process or remedy that might otherwise be available. (vi) Modification of Award. In the event of a modification in the amount of the Award pursuant to the terms of this Agreement, Agency shall provide written notice of such modification to County and, provide County with a modified Award. After such notice, County shall not expend previously disbursed Award moneys in excess of the modified Award. County shall return any remaining disbursed funds in excess of the modified Award to the Agency within 90 calendar days of the noticed modification. 2. County Representations. County represents to Agency as follows: a. Organization and Authority. County is a political subdivision of the State of Oregon duly organized and validly existing under the laws of the State of Oregon. County has full power, authority and legal right to make this Agreement and to incur and perform its obligations hereunder. b. Due Authorization. The making and performance by County of this Agreement (1) have been duly authorized by all necessary action of County and (2) do not and will not violate ODE Contract # 9884 Deschutes County Page 11 of 35 any provIsion of any applicable law, rule, regulation, or order of any court, regulatory commission, board, or other administrative agency or any provision of County's charter or other organizational document and (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 County is a party or by which County or any of its properties may be bound or affected. No authorization, consent, license, approval of, filing or registration with or noti"fication to any governmental body or regulatory or supervisory authority is required for the execution, delivery or performance by County of this Agreement. c. Binding Obligation. This Agreement has been duly executed and delivered by County and constitutes a legal, valid and binding obligation of County, enforceable in accordance with its terms subject to the laws of bankruptcy, insolvency, or other similar laws affecting the enforcement of creditors' rights generally. d. Accuracy of Information. The statements made in and the information provided in connection with any applications, requests or submissions to Agency hereunder or in connection with the "financial assistance provided to County hereunder are true and accurate in all materials respects. e. Activities or Services. The performance of each Activity will comply with the terms and conditions of this Agreement and meet the standards for such Activity as set forth herein, including but not limited to, any terms, conditions, standards and requirements set forth in the Award and applicable Funding Area Description. f. Cumulative Representations and Warranties. The representations set forth in this Section are in addition to, and not in lieu of, any other representations or warranties set forth in this Agreement or implied by law. 3. Agency Representations. Agency represents to County as follows: a. Organization and Authority. Agency has full power, authority and legal right to make this Agreement and to incur and perform its obligations hereunder. b. Due Authorization. The making and performance by Agency of this Agreement (1) have been duly authorized by all necessary action of Agency 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 and (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 Agency is a party or by which Agency 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 Agency of this Agreement, other than approval by the Department of Justice if required by law. c. Binding Obligation. This Agreement has been duly executed and delivered by Agency and constitutes a legal, valid and binding obligation of Agency, enforceable in accordance with its terms subject to the laws of bankruptcy, insolvency, or other similar laws affecting the enforcement of creditors' rights generally. ODE Contract # 9884 Deschutes County Page 12 of 35 d. Cumulative Representations and Warranties. The representations set forth in this section are in addition to, and not in lieu of, any other representations or warranties provided. 4. Expenditure/Obligation of Award. County may expend the financial assistance provided to County under this Agreement solely on Activities or Allowable Costs necessarily incurred in implementation of the Plan during the term of this Agreement, subject to the following limitations (in addition to any other restrictions or limitations imposed by this Agreement, whether in the applicable Funding Area Descriptions, special conditions identified in the Award, or otherwise): a. County may not expend and shall require all Providers by contract to not expend on any Activity any financial assistance provided to County under this Agreement in excess of the amount reasonable and necessary for quality performance of that Activity. b. County may not expend and shall require all Providers by contract to not expend financial assistance awarded to County under this Agreement for a particular Funding Area (as reflected in the Award) on any Activities or Services other than Activities or Services falling within that Funding Area. c. County may not use financial assistance provided to County under this Agreement to reimburse any person or entity for expenditures made, or to pay for goods or services provided, prior to the effective date of this Agreement. 5. Reports. County shall prepare and deliver to Agency written reports on the expenditure of the financial assistance provided to County hereunder as Agency may reasonably request from time to time. The reports shall be prepared and submitted in accordance with OAR 423-009-0010. 6. Provider Agreements. Except when the Funding Area Description requires Activities falling within that Funding Area to be provided or conducted by County directly or expressly provided in the Plan, County may expend financial assistance provided under this Agreement for a particular Activity to purchase services comprising that Activity from a third person or entity (a "Provider") through a contract (a "Provider Agreement"). County may permit a Provider to purchase services comprising an Activity, from another person or entity under a subcontract and such subcontractors shall also be considered Providers for purposes of this Agreement. County shall not permit any person or entity to be a Provider unless the person or entity holds all licenses, certificates, authorizations and other approvals required by applicable law to deliver the services. The Provider Agreement must be in writing and contain each of the provisions that must be included in a Provider Agreement under the terms of this Agreement or in order to permit County to comply with its obligations under this Agreement with respect to the Activities conducted by the Provider. County shall maintain an originally executed copy of each Provider Agreement at its office and shall furnish a copy of any Provider Agreement to Agency upon request. 7. Provider Monitoring. County shall monitor the use by Providers of all Award funds distributed to such Providers. County shall advise all Providers of the requirements applicable to them and to the use of Award funds under this Agreement, state and federal laws, state and federal regulations, the provisions of other applicable contracts and any supplemental requirements imposed by the County. County shall require by contract that Providers comply with such requirements and satisfy Plan and other program goals related to their Award financing. County shall monitor relevant activities of Providers to ensure that Award funds are used for authorized purposes in compliance with such requirements and to determine whether Plan and ODE Contract # 9884 Deschutes County Page 13 of 35 other performance goals are being achieved. County shall ensure and require by contract that Providers which expend $500,000 or more in federal funding during the fiscal year relevant to this Agreement have a single, comprehensive and independent audit with respect to such funds for that fiscal year. If findings/recommendations occur from such audits, or from other audits or other County monitoring with respect to Award funds, County shall issue management decisions to relevant Providers within 120 calendar days after receipt of such audit reports or generation of monitoring findings/recommendations and shall ensure that Providers take appropriate and timely corrective action. County also shall provide copies of such audit and monitoring findingsirecommendations and of corresponding County management decisions to the Agency within thirty (30) days of County's deadline herein for issuing its respective management decision. 8. Records Maintenance, Access and Confidentiality. a. Access to Records and Facilities. The Agency, the Secretary of State's Office of the State of Oregon, the Federal Government, and their duly authorized representatives shall have access to the books, documents, papers and records of the County and all Providers that are directly related to this Agreement, the financial assistance provided hereunder, or any Activity for the purpose of making audits, examinations, excerpts, copies and transcriptions. County shall include this provision in all Provider Agreements and require all Providers to include this provision in all subcontracts. In addition, County shall permit, and require all Providers by contract to permit, authorized representatives of Agency to perform site reviews of all Activities of County or of Provider. b. Retention of Records. County shall retain and keep accessible and require all Providers by contract to retain and keep accessible all books, documents, papers, and records, that are directly related to this Agreement, the financial assistance provided hereunder or any Activity, for a minimum of three (3) years, or such longer period as may be required by other provisions of this Agreement or applicable law, following the termination of this Agreement. If there are unresolved audit or other questions at the end of the three-year period, County shall retain the records until the questions are resolved. c. Expenditure Records. County shall document and require all Providers by contract to document the expenditure of all financial assistance paid by Agency under this Agreement. Unless applicable federal law requires County or a Provider to utilize a different accounting system, County shall create and maintain and require all Providers by contract to create and maintain all expenditure records in accordance with generally accepted accounting principles and in sufficient detail to permit Agency to verify how the financial assistance paid by Agency under this Agreement was expended. d. Confidentiality of Client Information. (i) All information as to personal facts and circumstances obtained by the Contractor on the client shall be treated as privileged communications, shall be held confidential, and shall not be divulged without the written consent of the client, the responsible parent of a minor child, or his or her guardian except as required by other terms of this Contract. Nothing prohibits the disclosure of information in summaries, statistical, or other form, which does not identify particular individuals. ODE Contract # 9884 Deschutes County Page 14 of35 (ii). The use or disclosure of information concerning clients shall be limited to persons directly connected with the administration of this Contract. Confidentiality policies shall be applied to all requests from outside sources. (iii) Agency, Contractor and any subcontractor will share information as necessary to effectively serve Agency clients. 9. County Default. County shall be in default under this Agreement upon the occurrence of any of the following events: a. County fails to perform, observe or discharge any of its covenants, agreements or obligations set forth herein, including but not limited to, County's failure to comply with the Plan; b. Any representation, warranty or statement made by County herein or in any documents or reports relied upon by Agency to measure County performance hereunder, including without limitation, the conduct of Activities and or delivery of Services, the expenditure of financ.ial assistance or the performance by County, is untrue in any material respect when made; c. County (i) applies for or consents to the appointment of, or taking of possession by, a receiver, custodian, trustee, or liquidator of itself or all of its property, (ii) admits in writing its inability, or is generally unable, to pay its debts as they become due, (iii) makes a general assignment for the benefit of its creditors, (iv) is adjudicated a bankrupt or insolvent, (v) commences a voluntary case under the Federal Bankruptcy Code (as now or hereafter in effect), (vi) files a petition seeking to take advantage of any other law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or adjustment of debts, (vii) fails to controvert in a timely and appropriate manner, or acquiesces in writing to, any petition filed against it in an involuntary case under the Bankruptcy Code, or (viii) takes any action for the purpose of effecting any of the foregoing; or d. A proceeding or case is commenced, without the application or consent of County, in any court of competent jurisdiction, seeking 0) the liquidation, dissolution or winding-up, or the composition or readjustment of debts, of County, (ii) the appointment of a trustee, receiver, custodian, liquidator, or the like of County or of all or any substantial part of its assets, or (iii) similar relief in respect to County under any law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or adjustment of debts, and such proceeding or case continues undismissed, or an order, judgment, or decree approving or ordering any of the foregoing is entered and continues unstayed and in effect for a period of sixty consecutive days, or an order for relief against County is entered in an involuntary case under the Federal Bankruptcy Code (as now or hereafter in effect). 10. Agency Default. Agency shall be in default under this Agreement upon the occurrence of any of the following events: a. Agency fails to perform, observe or discharge any of its covenants, agreements, or obligations set forth herein; or ODE Contract # 9884 Deschutes County Page 15 of 35 b. Any representation, warranty or statement made by Agency herein or in any documents or reports made in connection herewith reasonably relied upon by County to measure performance by Agency is untrue in any material respect when made. 11. Termination. a. County Termination. County may terminate this Agreement in its entirety or may terminate its obligation to conduct Activities or provide Services in a particular Funding Area described in the Award: (i) At its sole discretion upon 60 days advance written notice to Agency, or (ii) Upon 30 days advance written notice to Agency, if Agency is in default under this Agreement and such default remains uncured at the end of said 30 day period or such longer period, if any, as County may specify in the notice; or (iii) Upon 45 days advance notice to Agency, if County does not obtain funding, appropriations and other expenditure authorizations from County's governing body, federal, state or other sources sufficient to permit County to satisfy its performance obligations under this Agreement, as determined by County in reasonable exercise of its administrative discretion; or (iv) Immediately upon written notice to Agency, if Oregon statutes or federal laws, regulations or guidelines are modified, changed or interpreted by the Oregon Legislative Assembly, the federal government or a court in such a way that County no longer has the authority to meet its obligations under this Agreement. b. Agency Termination. Agency may terminate this Agreement in its entirety or may terminate its obligation to provide financial assistance under this Agreement for a particular Funding Area described in the Award: (i) Upon 60 days advance written notice to County, if Agency determines, in its sole discretion, to end all or any portion of the financial assistance to County under this Agreement; or (ii) Upon 45 days advance notice to County, if Agency does not obtain funding, appropriations and other expenditure authorizations from federal, state or other sources sufficient to meet the payment obligations of Agency under this Agreement":", as determined by Agency in the reasonable exercise of its administrative discretion. Notwithstanding the preceding sentence, the Agency may terminate immediately upon written notice to County or at such other times as it may determine if action by the federal government, the Oregon Legislative Assembly or the Emergency Board reduces funding to be provided by Agency under this Agreement or the Agency's legislative authorization and the effective date for such reduction is less than 45 days from the date the action is taken. (iii) Immediately upon written notice to County if state or federal laws, regulations or guidelines are modified, changed or interpreted in such a way that the ODE Contract # 9884 Deschutes County Page 16 of 35 Agency does not have the authority to provide financial assistance for one or more Funding Areas or no longer has the authority to provide the financial assistance from the funding source it had planned to use. (iv) Upon 30 days advance written notice to County, if County is in default under this Agreement and such default remains uncured at the end of said 30 day period or such longer period, if any, as Agency may specify in the notice. (v) Immediately upon written notice to County, if any license or certificate required by law or regulation to be held by County or a Provider to conduct an Activity and or deliver a Service is for any reason denied, revoked, suspended, not renewed or changed in such a way that County or a Provider no longer meets requirements to conduct that Activity and or deliver the Service. This termination right may only be exercised with respect to the Funding Area impacted by loss of necessary licensure or certification. (vi) Immediately upon written notice to County, if Agency determines that County or any of its Providers have endangered or are endangering the health or safety of individuals. 12. Effect of Termination a. Generally. If Agency disbursements of financial assistance under this Agreement for a particular Funding Area are reduced under Section 1 (a) and 1 (b)(i) of Exhibit E, or as a result of Agency's exercise of its rights under this Exhibit E, or as a result of an amendment to this Agreement reducing the amount of financial assistance awarded for that Funding Area, County is not required by this Agreement to utilize other County funds to replace the funds no longer received under this Agreement as a result of the disbursement reduction. Furthermore, County may, from and after the date of a disbursement reduction described in the preceding sentence, reduce or eliminate the quantity of Activities within that Funding Area commensurate with the size of the disbursement reduction for that Funding Area. Nothing in this Section 12(a) shall affect the County's obligations under this Agreement with respect to financial assistance actually received by County Linder this Agreement or with respect to Activities actually performed. b. Entire Agreement. Upon' termination of this Agreement in its entirety, Agency shall have no further obligation to payor disburse financial assistance to County under this Agreement, whether or not Agency has paid or disbursed to County all financial assistance described in the Award. Notwithstanding the foregoing, Agency shall make payments to reimburse County for services provided prior to the effective date of termination where such services are authorized pursuant to this Agreement and are not disputed by Agency. County shall have no further obligation to perform activities or services under this Agreement after termination in its entirety except to provide information as required under this Agreement and to cooperate with Agency with respect to the enforcement of surviving rights and obligations under Subsection 12d. c. Award for Individual Funding Area. Upon termination of Agency's obligation to provide financial assistance under this Agreement for a particular Funding Area, Agency shall have no further obligation to payor disburse any financial assistance to County ODE Contract # 9884 Deschutes County Page 17 of 35 under this Agreement for that Funding Area, whether or not Agency has paid or disbursed to County all financial assistance described in the Award for that Funding Area. Notwithstanding the foregoing, Agency shall make payments to reimburse County for services provided prior to the effective date of termination where such services are authorized pursuant to this Agreement and are not disputed by Agency. County shall have no further obligation to perform services or activities under this Agreement within a particular Funding Area if Agency's obligation to provide financial assistance for that particular Funding Area has been terminated except to provide information as required under this Agreement and to cooperate with Agency with respect to the enforcement of surviving rights and obligations under Subsection 12d. d. Survival. Termination of this Agreement shall not extinguish or prejudice Agency's right to enforce this Agreement in accordance with its terms with respect to financial assistance disbursed to County under this Agreement, or Activities conducted or Services performed, prior to the termination. Specifically, but without limiting the generality of the preceding sentence, termination of this Agreement shall not affect Agency's right to recover from County, in accordance with the terms of this Agreement, any financial assistance disbursed to County that is identified as an Underexpenditure or Misexpenditure. Termination of this Agreement, in whole or in part, shall not affect County's right to receive financial assistance to which it is entitled, as described above in Subsections a. through c. If a termination right set forth in this Exhibit E is exercised, both parties shall make reasonable good faith efforts to minimize unnecessary disruption or other problems associated with the termination. 13. Modification of Award. If the Oregon Legislative Assembly, Legislative Emergency Board or Oregon Department of Administrative Services increases or decreases the amount of money appropriated, authorized or allotted to Agency, Agency shall provide written notice of such a change to County. The parties shall negotiate an agreement to adjust County's levels of service in a commensurate amount and in proportion to the increase or decrease in the appropriation, authorization or allotment to the Agency. As appropriate, the parties shall execute an amendment to this Agreement reflecting the increase or decrease in the Award and adjustment in levels of service. Nothing in this section shall limit or restrict Agency's rights under this Agreement to suspend disbursement of financial assistance or to terminate this Agreement (or portion thereof as provided in this Exhibit E) as a result of a reduction in appropriations or allotments. This Section is not applicable to any funding change that requires a different or new service to be provided. Further, all parties agree that County may reduce, adjust or terminate levels of service commensurate with the amount of any reduction of money appropriated for implementation of the Plan, in accordance with Exhibit E, Section 1 (b )(v) of this Agreement. 14. Resolution of Disputes over Additional Financial Assistance Claimed by County. If after termination of this Agreement, County believes that Agency disbursements of financial assistance under this Agreement for a particular Funding Area are less than the amount of financial assistance that Agency is obligated to provide to County under this Agreement for that Funding Area, as determined in accordance with applicable financial assistance calculation methodology, County shall provide Agency with written notice thereof. Agency shall have 90 calendar days from the effective date of County's notice to pay County in full or notify County that it wishes to engage in a dispute resolution process. If Agency notifies County that it wishes to engage in a dispute resolution process, County and Agency's Assistant Administrator shall engage in non-binding discussion to give Agency an opportunity to present reasons why it believes that it does not owe County any additional financial assistance or that the amount owed is different than ODE Contract # 9884 Deschutes County Page 18 of 35 the amount identified by County in its notices, and to give County the opportunity to reconsider its . notice. If Agency and County reach agreement on the additional amount owed to County, Agency shall promptly pay that amount to County. If Agency and County continue to disagree as to the amount owed, the parties may agree to consider further appropriate dispute resolution processes, including, subject to Department of Justice and County Counsel approval, binding arbitration. Nothing in this Section shall preclude the County from raising underpayment concerns at any time prior to termination of this Agreement under Section 15 below~ 15. Resolution of Disputes, Generally. In addition to other processes to resolve disputes provided in this Exhibit, either party may notify the other party that it wishes to engage in a dispute resolution process. Upon such notification, the parties shall engage in non-binding discussion to resolve the dispute. If the parties do not reach agreement as a result of non-binding discussion, the parties may agree to consider further appropriate dispute resolution processes, including, subject to Department of Justice and County Counsel approval, binding arbitration. The rights and remedies set forth in this Agreement are not intended to be exhaustive and the exercise by either party of any right or remedy does not preclude the exercise of any other rights or remedies available under this Agreement or otherwise available at law or in equity. ODE Contract # 9884 Deschutes County Page 19 of 35 EXHIBIT F STANDARD TERMS AND CONDITIONS 1. Notice. Except as otherwise expressly provided in this Agreement, 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 County or Agency at the address or number set forth below, or to such other addresses or numbers as either party may indicate pursuant to this section. Any communication or notice so addressed and mailed shall be effective five (5) days after mailing. Any communication or notice delivered by facsimile shall be effective on the day the transmitting machine generates a receipt of the successful transmission, if transmission was during normal business hours of the recipient, or on the next business day, if transmission was outside normal business hours of the recipient. To be effective against Agency, any notice transmitted by facsimile must be confirmed by telephone notice to Agency's Business Services Office at (503) 373-1283. To be effective against County, any notice transmitted by facsimile must be confirmed by telephone notice to County's Board of County Commissioners Office. Any communication or notice given by personal delivery shall be effective when actually delivered. Notices to Agency: Department of Education, Youth Development Division Iris Bell, Director 775 Court ST NE Salem, OR 97301 Voice: 503-373-1283 Facsimile: 503-378-6250 Notices to County: Hillary Saraceno Program Manager 63360 Britta St., Bldg 1 Bend, OR 97701 Email: Hillary.saraceno@deschutes.org Phone: 541-317-3178 2. Severability. The parties agree that 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 the Agreement did not contain the particular term or provision held to be invalid. 3. Counterparts. This Agreement may be executed in several counterparts, all of which when taken together shall constitute one agreement binding on all parties, notwithstanding that all parties are not signatories to the same counterpart. Each copy of t~lis Agreement so executed shall constitute an original. 4. Governing Law, Consent to Jurisdiction. This Agreement 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 the parties that arises from or relates to this Agreement shall be brought and conducted solely and exclusively ODE Contract # 9884 Deschutes County Page 20 of 35 within a circuit court in the State of Oregon of proper jurisdiction. THE PARTIES BY EXECUTION OF THIS AGREEMENT, HEREBY CONSENT TO THE IN PERSONAM JURISDICTION OF SAID COURT. Except as provided in this section, neither party waives any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, from any Claim or from the jurisdiction of any other court. The parties acknowledge that this is a binding and enforceable agreement and, to the extent permitted by law, expressly waive any defense alleging that either party does not have the right to seek judicial enforcement of this Agreement. 5. Compliance with Law. Both parties shall comply and County shall require all Providers by contract to comply with all state and local laws, regulations, executive orders and ordinances applicable to the Agreement or to the conduct of Activities and or delivery of Services. Without limiting the generality of the foregoing, both parties expressly agrees to comply with the following laws, regulations and executive orders to the extent they are applicable: (a) all applicable requirements of state civil rights and rehabilitation statutes, rules and regulations; (b) all state laws requiring reporting of client abuse; (d) ORS 30.670 to 30.685, ORS 659.430 and all regulations and administrative rules established pursuant to those laws in the construction, remodeling, maintenance and operation of any structures and facilities, and in the conduct of all programs, services and training associated with the conduct of Activities. These laws, regulations and executive orders are incorporated by reference herein to the extent that they are applicable to the Agreement and required by law to be so incorporated. All employers, including County and Agency, that employ subject workers who conduct Activities 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. County shall require by contract that all Providers comply with these requirements and obtain any insurance required elsewhere in this Agreement. 6. Assignment of Agreement, Successors in Interest. a. County shall not assign, delegate, or transfer its interest in this Agreement without prior written approval of Agency. Any such assignment or transfer, if approved, is subject to such conditions and provisions as the Agency may deem necessary. No approval by the Agency of any assignment or transfer of interest shall be deemed to create any obligation of the Agency in addition to those set forth in the Agreement. b. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors and permitted assigns. 7. No rhird Party Beneficiaries. Agency and County are the only parties to this Agreement and are the only parties entitled to enforce its terms. The parties agree that County's performance under this Agreement is solely for the benefit of Agency to assist and enable Agency to accomplish its statutory mission. Nothing in this Agreement 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 any greater than the rights and benefits enjoyed by the general public unless such third persons are individually identified by name herein and expressly described as intended beneficiaries of the terms of this Agreement. 8. Integration and Waiver. This Agreement, including all of its 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 herein regarding this Agreement. The failure of either party to enforce any provision of this Agreement shall not constitute a waiver ODE Contract # 9884 Deschutes County Page 21 of 35 by that party of that or any other provision. The remedies provided herein are cumulative and not exclusive of any remedies provided by law. No waiver or consent shall be effective unless in writing and signed by the party against whom it is asserted. 9. Amendment. No waiver, consent, modification or change of terms of this Agreement shall bind either party unless in writing and signed by both parties and when required the Department of Administrative Services and Department of Justice. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. The parties, by signature of their authorized representatives, hereby acknowledge that they have read this Agreement, understand it, and agree to be bound by its terms and conditions. 10. Headings. The headings and captions to sections of this Agreement have been inserted for identification and reference purposes only and shall not be used to construe the meaning or to interpret this Agreement. 11. Construction. This Agreement is the product of negotiations between representatives of Agency and representatives of County. The provisions of this Agreement are to be interpreted and their legal effects determined as a whole. An arbitrator or court interpreting this Agreement shall give a reasonable, lawful and effective meaning to the Agreement to the extent possible, consistent with the public interest. 12. 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 Party Claim") against a party (the "Notified Party") with respect to which th~ other party ("Other Party") 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 liability with respect to the Third Party Claim. With respect to a Third Party Claim for which the State is jointly liable with the County (or would be if joined in the Third Party Claim ), the State 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 the County in such proportion as is appropriate to reflect the relative fault of the State on the one hand and of the County 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 the State on the one hand and of the County 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. The State's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law if the State had sole liability in the proceeding. With respect to a Third Party Claim for which the County is jointly liable with the State (or would be if joined in the Third Party Claim), the County 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 the State in such proportion as is appropriate to reflect the relative fault of the County on the one hand and of the State on the other hand in connection with the events which ODE Contract # 9884 Deschutes County Page 22 of 35 resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of the County on the one hand and of the State 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. The County's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law if it had sole liability in the proceeding. 13. Limitation of Liabilities. EXCEPT FOR LIABILITY OR DAMAGES ARISING OUT OF OR RELATED TO SECTION 12 OF THIS EXHIBIT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT. NEITHER PARTY SHALL BE LIABLE FOR ANY DAMAGES OF ANY SORT ARISING SOLELY FROM THE TERMINATION OF THIS AGREEMENT OR ANY PART HEREOF IN ACCORDANCE WITH ITS TERMS. 14. Ownership of Intellectual Property. a. Except as otherwise expressly provided herein, or as otherwise required by state or federal law, Agency will not own the right, title and interest in any intellectual property created or delivered by County or a Provider in connection with the activities or services under this Agreement. With respect to that portion of the intellectual property that the county owns, County grants the Agency a perpetual, worldwide, non-exclusive, royalty free and irrevocable license, subject to any provisions in the Agreement that restrict or prohibit dissemination or disclosure of information, to use, reproduce, distribute, perform, and display works subject those intellectual property rights, and create derivative works thereof, (ii) authorize third parties to exercise the rights set forth in Section 14.a.(i) on the Agency's behalf, and (iii) sublicense to third parties the rights set forth in Section 14.a.(i). b. If state or federal law requires that the Agency or County grant to the United States a license to any intellectual property, or if state or federal law requires that the Agency or the United States own the intellectual property, then County shall execute such further documents and instruments as Agency may reasonably request in order to make any such grant or to assign ownership in the intellectual property to the United States or the Agency. To the extent that the Agency becomes the owner of any intellectual property created or delivered by County in connection with the services or activities under this Agreement, the Agency will grant a perpetual, worldwide, non-exlusive, royalty-free and irrevocable license, subject to any provisions in the Agreement that restrict or prohibit dissemination or disclosure of information, to County to use, reproduce, distribute, perform, and display works subject to those intellectual property rights, and create derivative works thereof. c. County shall include in its Provider Agreements terms and conditions necessary to require that Providers execute such further documents and instruments as Agency may reasonably request in order to make any grant of license or assignment of ownership that may be required by federal or state law. 15. Force Majeure. Neither Agency nor County shall be held responsible for delay or default caused by fire, civil unrest, labor unrest, natural causes and war which is beyond respectively, the Agency's or County's reasonable control. Each party shall, however, make all reasonable efforts to remove or eliminate such cause of delay or default and shall, upon the cessation of the cause, diligently pursue performance of its obligations under this Agreement. ODE Contract # 9884 Deschutes County Page 23 of 35 16. Time is of the Essence. The parties agree that time is of the essence under this Agreement. ODE Contract # 9884 Deschutes County Page 24 of 35 EXHIBIT G REQUIRED FEDERAL TERMS AND CONDITIONS In addition to the requirements to comply with applicable federal law otherwise in this Agreement, including but not limited to Section 5 of Exhibit F, County shall comply with and shall require all Providers by contract to comply with the following federal requirements. For purposes of this Agreement, all references to federal and state laws are references to federal and state laws as they may be amended from time to time. 1. Miscellaneous Federal Provisions. County shall comply and require all Providers by contract to comply with all federal laws, regulations, and executive orders applicable to the Agreement or to the conduct of Activities. Without limiting the generality of the foregoing, County expressly agrees to comply and require all Providers by contract to comply with the following laws, regulations and executive orders to the extent they are applicable to this Agreement: (a) Titles VI and VII of the Civil Rights Act of 1964, as amended, (b) Sections 503 and 504 of the Rehabilitation Act of 1973, as amended, (c) Executive Order 11246, as amended, (d) the Age Discrimination in Employment Act of 1967, as amended, and the Age Discrimination Act of 1975, as amended, (e) the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended, (f) the Federal Funding Accountability and Transparency Act (FFATA) of 2006 (P.L.109-282), provisions of which include but may not be limited to a requirement for County and/or Providers to have a Data Universal Numbering System (DUNS) number and to maintain a current registration in the Central Contractor Registration (CCR) database, (g) all regulations and administrative rules established pursuant to the foregoing laws, (h) all other applicable requirements of federal civil rights and rehabilitation statutes, rules and regulations, (i) all federal laws requiring reporting of client abuse. These laws, regulations and executive orders are incorporated by reference herein to the extent that they are applicable to this Agreement and required by law to be so incorporated. No federal funds may be used to conduct Activities in violation of 42 USC 14402. 2. Title XX Block Grant Funds. When utilizing Title XX block grant funds, County shall comply and require all Providers by contract to comply with the additional federal requirements applicable to Title XX block grant funds in 42 USC 1397 et seq., including but not limited to: maintaining and providing to Agency such documentation as Agency shall require to comply with federal reporting requirements, 45 CFR Part 96, and the limitations on the uses of Title XX grants in 42 USC 1397d. 3. Title IV-B2 Family Support Services Funds. When utilizing federal Title IV-B2 Family Support Services funds, County shall comply and require_all Providers by contract to comply with the additional federal requirements applicable to Title IV-B2 Family Support Services funds in 42 USC 629 et seq., including but not limited to: maintaining and providing to Agency such documentation as Agency shall require to comply with federal reporting requirements, 45 CFR Part 92, and the limitations on the use of Title IV-B2 funds in 42 USC 629d. 4. Cost Principles. With respect to federal funds, if any, received by County under this Agreement from the sources identified in sections 2 through 3 above, County shall comply and require all Providers by contract to comply with the cost principles determined in accordance with the provisions of OMB Circular A-87, "Cost Principles for State, Local and Indian Tribal Governments." Federal funds, if any, received by County under this Agreement from the sources identified in sections 2 through 3 above are subject to the audit requirements under the Single Audit Act Amendments of 1996 and OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations." If applicable, County shall comply and shall require all Providers by ODE Contract # 9884 Deschutes County Page 25 of35 contract to comply, with the audit requirements and responsibilities set forth in OMS Circular A 133. 5. Equal Employment Opportunity. If this Agreement, including amendments, is for more than $10,000, then County shall comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375, and as supplemented in Agency of Labor regulations (41 CFR Part 60). OMS Circular A -102, 1I14.c. 6. Clean Air, Clean Water, EPA Regulations. If this Agreement, including amendments, exceeds $100,000 then County shall comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S. C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15), which prohibit the use under non-exempt Federal contracts, grants or loans of facilities included on the EPA List of Violating Facilities. Violations shall be reported to the Agency and to the U.S.E.P.A. Assistant Administrator for Enforcement (EN-329). County shall include and cause all Providers to include in all contracts with Providers receiving more than $100,000 in Federal Funds, language requiring the Provider to comply with the federal laws identified in this section. OMS Circular A-102, 1I14.i. 7. Energy Efficiency. County shall comply with applicable mandatory standards and policies relating to energy efficiency that are contained in the Oregon energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-165). OMS Circular A-102, 11 14.j. 8. Truth in Lobbying. The County certifies, to the best of the County's knowledge and belief that: a. No federal appropriated funds have been paid or will be paid, by or on behalf of County, 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 any 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 Clgreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. . b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any such officer, employee or member 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. c. The County shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all Providers, subrecipients and subcontractors shall certify and disclose accordingly. d. The County is solely responsible for all liability arising from a failure by the County to comply with the terms of this certification. Additionally, the undersigned promises to indemnify the Agency for any damages suffered by the Agency as a result of the County's failure to comply with the terms of this certification to the extent permitted by law. ODE Contract # 9884 Deschutes County Page 26 of 35 This certification is a material representation of facts upon which reliance was placed when this Agreement was made or entered into. Submission of this certification is a prerequisite for making or entering into this Agreement 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. 9. HIPAA Compliance. If the Activities and or Services funded in whole or in part with 'financial assistance provided under this Agreement are covered by the Health Insurance Portability and Accountability Act or the federal regulations implementing the Act (collectively referred to as HIPAA) and County has declare itself a "covered entity" under HIPAA, County agrees to conduct the Activities and or Services in compliance with HIPAA. Without limiting the generality of the foregoing, if the Services are covered by HIPAA, County shall comply and require all Providers to comply with the following: a. Privacy and Security of Individually Identifiable Health Information. On or after April 14, 2003, County, its agents, employees and Providers shall protect individually identifiable health information obtained or maintained about Agency's clients from unauthorized use or disclosure, consistent with the requirements of HIPAA. The County shall ensure that any electronic communication from the County to an employee of the Agency which contains individually identifiable health information shall meet HIPAA security requirements. This Agreement may be amended to include additional terms and conditions related to the privacy and security of individually identifiable health information. b. Data Transactions Systems. Any electronic exchange of information on or after October 16,2002, or on or after October 16, 2003, if County has received an extension from the United States Department of Health and Human Services, between County and Agency to carry out financial or administrative activities related to individually identifiable health care services will be in compliance with HIPAA standards for electronic transactions published in 65 Fed. Reg. 50312 (August 17, 2000). This Agreement may be amended to include additional terms and conditions related to data transactions. c. Consultation. If County reasonably believes that the County's or the Agency's data transactions system or other application of HIPAA privacy or security compliance policy may result in a violation of HIPAA requirements, County shall promptly consult Agency's HIPAA Privacy Officer. 10. Resource Conservation and Recovery. County shall comply and require all Providers by contract to comply with all mandatory standards and policies that relate to resource conservation and recovery pursuant to the Resource Conservation and Recovery Act (codified at 42 USC 6901 et. seq.). Section 6002 of that Act (codified at 42 USC 6962) requires that preference be given in procurement programs to the purchase of specific products .containing recycled materials identified in guidelines developed by the Environmental Protection Agency. Current guidelines are set forth in 40 CFR Parts 247-253. . 11. Debarment and Suspension. County shall not permit any person or entity to be a Provider if the person or entity is listed on the non-procurement portion of the General Service Administration's "List of Parties Excluded from Federal Procurement or Nonprocurement Programs" in accordance with Executive Orders No. 12,549 and No. 12,689, "Debarment and Suspension". (See 45 CFR part 76). This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory authority ODE Contract # 9884 Deschutes County Page 27 of 35 other than Executive Order No. 12549. Providers with awards that exceed the simplified acquisition threshold shall provide the required certification regarding their exclusion status and that of their principals prior to award. 12. ADA. County shall comply and require all Providers by contract to comply with Title II of the Americans with Disabilities Act of 1990 (codified at 42 USC 12131 et. seq.) in the construction, remodeling, maintenance and operation of any structures and facilities, and in the conduct of all programs, services and training associated with the conduct of Activities. 13. Pro-Children Act. County shall comply and require all Providers by contract to comply with the Pro-Children Act of 1995 (codified at 20 USC section 6081 et. seq.). [The balance of this page is intentionally left blank.] ODE Contract # 9884 Deschutes County Page 28 of 35 EXHIBIT H JUVENILE CRIME PREVENTION I. Definitions. In addition to the Definitions of Exhibit A of this Agreement, the following words and phrases shall have the indicated meanings in this Exhibit H: 1. "Client" means any individual who receives a Service. 2. "Diversion Services" means services outlined in the Plan and provided under a separate contract with OYA for Diversion Services. 3. "Evaluation Costs" means Allowable Costs incurred by a County or a Provider and associated with completion of administration of risk screen, interim review, and JJIS data fields. 4. "JCP Basic Services Funds" means funds provided under a separate contract with OYA for JCP Basic Services. 5. "JCP Basic Services" or "Basic Services" means services outlined in the Plan and provided under a separate contract with OYA for detention and other juvenile department services including shelter care, treatment services, graduated sanctions and aftercare for youth offenders. 6. "JCP Funds" means funds provided under this Agreement for JCP Services. 7. "YDC" means the Youth Development Council 8. "JJIS" is the Juvenile Justice Information Systems operated by OYA and the Oregon counties. 9. "Juvenile Crime Prevention Services" or "JCP Services" means services outlined in the Plan and provided under this Agreement to youth who are at high risk for commission of juvenile crime and (a) who have more than one of the following risk factors: anti-social behavior, poor family functioning; failure in school, substance abuse problems, or negative peer association and (b) who are demonstrating at-risk behaviors that have come to the attention of government or community agencies, schools or law enforcement and that will lead to the youth's imminent or increased involvement in the juvenile justice system. 10. "OYA" means the Oregon Youth Authority. 11. "Plan" means the County's Local Coordinated Comprehensive Plan approved by YDC, the provisions of which are incorporated herein by this reference. 12. "Service" for purposes of Juvenile Crime Prevention Program Requirements, means any JCP Service or group of related services delivered as part of Plan implementation. 13. "Target Population for Juvenile Crime Prevention Services" means youth ages 10 to 17 targeted for Juvenile Crime Prevention in the Plan who have more than one of the following risk factors: ODE Contract # 9884 Deschutes County Page 29 of 35 a. Anti-social behavior; b. Poor family functioning or poor family support; c. Failure in school; d. Substance abuse problems; or e. Negative peer association; and who are clearly demonstrating at-risk behaviors that have come to the attention of government or community agencies, schools, or law enforcement and that will lead to imminent or increased involvement in the juvenile justice system. II. GENERAL TERMS AND CONDITIONS. In addition to the other terms and conditions of this Agreement, County shall comply and, as indicated, require all Providers by contract to comply with the following: 1. Conditions Precedent to Disbursement. Agency's obligation to disburse JCP Funds to County under this Agreement is subject to satisfaction, with respect to each disbursement, of each of the following conditions precedent: a. County is in compliance with ORS 2798.200, 2798.230 and 2798.235. b. Agency has received a written quarterly JCP disbursement request from County on a form designated by Agency. c. With respect to each disbursement, Agency has received from County all reports required by Section 11(3) of this Exhibit H to be submitted to Agency on or prior to the date of disbursement request. d. The JCP disbursement request is received no later than 60 days after the termination of this Agreement. 2. Expenditure/Obligation of Award. County may expend the JCP Funds provided to County under this Agreement solely on Allowable Costs necessarily incurred to provide Services during the term of this Agreement, subject to the following limitations (in addition to any other restrictions or limitations imposed by this Agreement, whether in the applicable Funding Area Descriptions, special conditions identified in the Award, or otherwise): a. No more than 10% of the JCP Funds paid under this Agreement to County shall be expended on Administrative Costs and Evaluation Costs. These limits apply in total to all County government organizational units, Providers, and subcontractors. This applies to all JCP disbursements pursuant to this Agreement. County shall record Administrative Costs on forms provided by the Agency. b. County may expend JCP Funds solely on JCP Services, unless a waiver has been approved by Agency. c. County shall maintain previous levels of JCP Services funding for the Target Population or shall not reduce such levels of JCP Services funding by an amount greater than the Target Population's proportional share of reductions of County revenue. ODE Contract # 9884 Deschutes County Page 30 of35 County must transfer all JCP Funds received under this Agreement to its Juvenile Department for use in supporting the delivery of JCP Services in accordance with the terms and conditions of this Agreement. 3. Reports. County shall submit to Agency, on forms designated by Agency, the following written reports: a. Youth risk need and interim review information will be required on the Services delivered to youth with JCP Funds at such frequency as may be requested by the Agency. b. During the term of this Agreement, a quarterly written detail expenditure report on the County's expenditures of JCP Funds during the prior calendar quarter. c. No later than 60 days after the termination of this Agreement, a written detail expenditure report on the County's expenditure of JCP Funds during the 2013-2014 Fiscal Year III. REQUIRED FEDERAL TERMS AND CONDITIONS. In addition to the Required Federal Terms and Conditions of Exhibit G, County shall comply and, as indicated, require all Providers by contract to comply with the following federal requirements: 1. Federal Fund Accountability and Transparency Act. County shall require by contract that all Providers receiving federal funding with a total value of $25,000 or more under this Agreement have a Data Universal Numbering System (DUNS) number and register in the Central Contractor Registration (CCR) system. County may not sub-grant Award funds of $25,000 or more to a Provider unless the Provider has a DUNS number and is registered in the Central Contractor Registration system. IV. JUVENILE CRIME PREVENTION PROGRAM REQUIREMENTS. 1. Plan. I a. Plan Implementation. County shall implement, or through Providers, shall require to be implemented, the JCP I Services and JCP Basic Services portions of the Plan. The County has developed or agrees to develop the JCP Services, JCP Basic Services and Diversion Services portions of the Plan according to guidelines provided by Agency. b. Amendment to Plan. County may request amendment of the Plan by notifying Agency in writing thirty (30) days prior to the submission of such proposed amendment. All amendments to the Plan shall be in a format prescribed by Agency. County must obtain approvals for an amendment that makes any significant chance in the Plan. A significant change in the Plan includes but is not limited to any funding change in the categories of services outlined in the Plan. For the purposes of this Section 1.b, Juvenile Crime Prevention Services, Basic Services, and ODE Contract # 9884 Desc~utes County Page 31 of 35 Diversion Services are deemed separate funding sources. County shall follow the following requirements if it desires to change the Plan: (i) The Plan cannot be amended to change allocations between Juvenile Crime Prevention Services and Basic Services/Diversion Services. (ii) Changes to the JCP budget in the Plan aggregating 10% or greater of the total budget for any of the funding sources must be reviewed and approved by the Agency in writing, prior to the changes taking effect. (iii) County shall submit written notification to Agency for any changes to the JCP budget in the Plan aggregating less than 10% of the total budget for any of the funding sources. This notification will be reviewed by Agency. The Agency reserves the right to require that the County notification be reviewed by the YDC for approval prior to the changes taking effect. (iv) All amendments to the Plan which comply with this Section shall be on file with Agency and shall become a part of the Plan and this Agreement from its effective date without the necessity of executing a formal amendment to this Agreement. For purposes of this Section, the effective date of a Plan amendment is the date the Plan amendment is approved or notification is received by the Agency. (v) In the event Agency increases or decreases the amount of funding in this Agreement pursuant to Exhibit E in an amount aggregating 10% or greater of the total budget for JCP Services, County may amend the Plan in response to the funding change, but only in a manner that is consistent with state law and rules. Such Plan amendment shall be effective no sooner than the effective date of the funding change. No later than five (5) days from its effective date, County must send any Plan amendment to Agency, who must review the amendment within thirty (30) days of its effective date. The Plan must be approved as presented or as agreed upon by the parties no later than sixty (60) days from the effective date. 2. Cultural Competency. County shall deliver all Services and require all Providers to deliver Services in a culturally competent and gender appropriate manner. 3. Grievance System. During the term of this Agreement, County shall establish and operate a system through which youths receiving Services, and the youths' parents or guardian may present grievances about the delivery of the Services. At the time arrangements are made for delivery of Services to a particular youth, County shall advise the youth and the parents or guardian of the youth of the existence of this grievance system. 4. Outcomes. County shall target its Juvenile Crime Prevention Services to the Target Population for Juvenile Crime Prevention and shall implement those services with the goal of achieving the following high level outcomes: (i) reduction of juvenile arrest rate in County, (ii) reduction of juvenile recidivism rate in County, and (iii) reduction (or maintenance) in the use of beds at OVA's Close Custody Facilities by youth from County to (or at) a level at or below Discretionary Bed Allocation. The specific targets for high level outcomes are set forth in the Plan. County shall also implement its Juvenile Crime Prevention Services and Basic Services with the goal of achieving the intermediate outcomes identified in the Plan. l I ODE Contract # 9884 Deschutes County Page 32 of 35 5. Evaluation a. County shall furnish Agency with such data, information and reports, on County's implementation of the Juvenile Crime Prevention Services and expenditure of the funds therefore paid to County hereunder, in such format and at such frequency as may be reasonably requested by Agency or as needed to comply with state or federal laws, regulations, or executive orders. County agrees to and does hereby grant the State the right to reproduce, use and disclose all or any part of such data, information or reports furnished under this Agreement. b. County agrees to produce screening and assessment data as required by the Agency in such form and at such times as Agency may reasonably request. c. In addition to the other reporting requirements of this Agreement, the County must ensure that all OVA required JJIS data fields are entered into JJIS. d. If the County does not meet the intermediate outcomes identified in the Plan for Juvenile Crime Prevention Services, Agency shall conduct a performance review of the County's efforts under the Plan in order to identify ways in which the Juvenile Crime Prevention Services portion of the Plan may be improved. If, upon review, Agency determines that there are reasonable grounds to believe that County is not in substantial compliance with the Plan or this Agreement, Agency may notify County regarding the alleged noncompliance and offer technical assistance, which may include peer review or other assistance, to reach such compliance. Nothing in this Section shall be construed to limit or restrict any Agency right arising out of County's default, as described in Exhibit E. 6. Evidence-Based Programs. County shall work with Agency to develop a process to ensure that programs and services funded under this Agreement are appropriate and workable and meet the guidelines of evidence-based programs and cost effectiveness as described under S8 267 (2003), ORS 182.515, as applicable. County shall work with Agency to develop a reporting process on County's evidence-based programs and services funded under this Agreement. 7. Records Maintenance, Access and Confidentiality. County shall maintain and shall require all Providers by contract to maintain a Client record for each youth that receives a Service. [The balance of this page is intentionally left blank.] ODE Contract # 9884 Deschutes County Page 33 of35 I l EXHIBIT I COMMUNITY SCHOOLS The Community Schools Initiative is designed to support academic outcomes by delivering a comprehensive set of school-based (or linked) services and activities that address learning barriers and support student achievement. The current program serves elementary and middle school youth with a focus on students who are at risk of academic failure Academic support and enrichment activities include homework and individualized instruction, service learning, group/club activities, access to health and social services, adult education, parent engagement, culturally specific services and early childhood to kindergarten transition support. Site community coordinators oversee extended day programming including recruitment of volunteers and community partners, engaging parents, working with teachers to recruit at risk students, and organizing/scheduling classes and activities. ODE Contract # 9884 Deschutes County Page 34 of 35 EXHIBIT J CASEY PARTNERSHIP ) Casey Partnership Foster Care Reduction Goals: \ 1. Safely reduce children in foster care. 2. Increase relative placements. 3. Reduce children entering care. 4. Increase foster care exits. 5. Reduce the disproportionality index for Native and African American children. 6. Maintain or reduce child abuse/neglect (CAN) recurrence rate Page 35 of35ODE Contract # 9884 Deschutes County f ! r !