HomeMy WebLinkAboutDoc 572 - Family Drug Court ProgramDeschutes County Board of Commissioners
1300 NWWall 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 November 4, 2013
Please see directions for completing this document on the next page.
DATE: October 30,2013
FROM: Sheryl Hogan, Quality Improvement Specialist Phone: 322-7571
Health Services--Behavioral Health Division
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Document #2013-572, Criminal Justice Commission,
Family Drug Court Grant.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
The Criminal Justice Commission's (CJC) purpose is to improve the efficiency and
effectiveness of state and local criminal justice systems by providing a centralized and
impartial forum for statewide policy development and planning. CJC provides services to
the Oregon criminal justice cornmunity through the administration of federal grant
programs that reduce drug use and violent crime and improve the effectiveness of the
criminal justice system. CJC administers several state and federal grant programs,
including the Recovery Act Edward Byrne Memorial Justice Assistance Grant (ARRA-JAG)
Program.
The goal of the ARRA-JAG Drug Court Grant Program is to support existing drug courts
serving adults, juveniles and families, with a particular emphasis on stabilizing programs
that are facing budget cuts and operating with reduced resources or facing closure. Drug
courts has been shown to be a cost-effective way to increase engagement and completion
of chemical dependency treatment, reduce criminal recidivism, reduce alcohol and drug
use, and affect many other public systems.
Deschutes County Family Drug Court is a court-supervised intensive treatment program,
typically lasting twelve (12) to eighteen (18) months, to serve parents who have had their
children removed from their custody or are at risk of having their children removed as a
result of substance abuse. Representatives from partner agencies are organized as a
treatment team. Together, the team develops and supervises treatment plans for drug
court participants and their families.
The goals of drug court are to:
• Lessen impact of methamphetamine and other illegal drug use on community law
enforcement agencies, courts and corrections
• Reduce community rates of addiction and substance abuse
• Help drug abusing parents and pregnant women to become sober and responsible
caregivers
• Create safe environments in which children are healthy and safe from abuse and
neglect
• Promote positive, pro-social behavior
Individual treatment plans are developed for all drug court participants and tailored around
the unique needs of parents and families. Basic expectations of all participants are:
• Frequent court appearances
• Frequent random drug testing
• Intensive drug and alcohol treatment
• Mental health treatment if appropriate
• Community based self help/recovery meetings (12-step, AA, NA, MA DDA etc.)
• Regular probation reporting
• Parent coaching
• Health, wellness and treatment of children
• Health, wellness and treatment of parents
• Communicable disease testing and referral
• Vocational Rehabilitation
• Employment
Participants receive incentives for program compliance and progress on their treatment
plan. Individualized treatment interventions and sanctions are provided for non
compliance. As a participant progresses, the treatment plan is adjusted with less frequent
drug testing, therapy sessions, probation reporting and court attendance.
FISCAL IMPLICATIONS:
Maximum compensation of $168,232.
RECOMMENDA '"ION &ACTION REQUESTED:
Behavioral Health recommends approval.
ATTENDANCE: Sheryl Hogan, Quality Improvement Specialist
DISTRIBUTION OF DOCUMENTS:
An executed copy to:
Nancy Mooney, Contract Specialist, Health Services
DESCHUTES COUNTY DOCUMENT SUMMARY
(NOTE: This form 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 Form is also required, If this form 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 form with your documents. please submit this form
electronically to the Board Secretary.)
Please complete al! sections above the Official Review line.
Department: ealth Services, Behavioral Health Division
Contractor/Supplier/Consultant Name: I Oregon Criminal Justice Commission]
Contractor Contact: !Craig Prins, Director]
Type of Document: Intergovernmental Grant Award
Goods and/or Services: The purpose of this grant is to provide funding for Deschutes
County's Family Drug Court Program.
Background & History: The Criminal Justice Commission's (CJC) purpose is to
improve the efficiency and effectiveness of state and local criminal justice systems by
providing a centralized and impartial forum for statewide policy development and
planning. CJC provides services to the Oregon criminal justice community through the
administration of federal grant programs that reduce drug use and violent crime and
improve the effectiveness of the criminal justice system. CJC administers several state
and federal grant programs, including the Recovery Act Edward Byrne Memorial Justice
Assistance Grant (ARRA-JAG) Program. The goal of the ARRA-JAG Drug Court Grant
Program is to support existing drug courts serving adults, juveniles and families, with a
particular emphaSis on stabilizing programs that are facing budget cuts and operating
with reduced resources or facing closure. Drug courts have been shown to be a cost
effective way to increase engagement and completion of chemical dependency
treatment, reduce criminal recidivism, reduce alcohol and drug use, and impact many
other public systems.
Deschutes County Family Drug Court is a court-supervised intensive treatment
program, typically lasting twelve (12) to eighteen (18) months, to serve parents who
have had their children removed from their custody or are at risk of having their children
removed as a result of substance abuse. Family Drug Court is coordinated and closely
monitored by the court under the direction of the Family Drug Court Judge,
Representatives from partner agencies are organized as a treatment team. Together,
the team develops and supervises treatment plans for drug court participants and their
families.
The goals of drug court are to:
• Lessen impact of methamphetamine and other illegal drug use on community law
enforcement agencies, courts and corrections
• Reduce community rates of addiction and substance abuse
9/30/2013
• Help drug abusing parents and pregnant women to become sober and
responsible caregivers
• Create safe environments in which children are healthy and safe from abuse and
neglect
• Promote positive, pro-social behavior
Individual treatment plants are developed for all drug court participants and tailored
around the unique needs of parents and families. Basic expectations of all participants
are:
• Frequent court appearances
• Frequent random drug testing
• Intensive drug and alcohol treatment
• Mental health treatment if appropriate
• Community based self help/recovery meetings (12-step, AA. NA, MA DDA etc.)
• Regular probation reporting
• Parent coaching
• Health, well ness and treatment of children
• Health, wellness and treatment of parents
• Communicable disease testing and referral
• Vocational Rehabilitation
• Employment
Participants receive incentives for program compliance and progress on their treatment
plan. Individualized treatment interventions and sanctions are given for non
compliance. As a participant progresses, the treatment plan is adjusted with less
frequent drug testing, therapy sessions, probation reporting and court attendance.
Agreement Starting Date: [fuiptember 1. 2013 I Ending Date: I June 30, 2014 I
Annual Value or Total Payment: [ Maximum c~mpensation is $168,232. 1
Check all that apply:
D RFP, Solicitation or Bid Process
D Informal quotes «$150K)
[g! Exempt from RFP. Solicitation or Bid Process (specify -see DCC §2.37)
Funding Source: (Included in current budget? [8J Yes D No
If No, has budget amendment been submitted? DYes o No
9/30/2013
Is this a Grant Agreement providing revenue to the County? f2J Yes 0 No
Special conditions attached to this grant: ITerms/Conditions outlined in Exhibit B
20,2014.
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: 0 Yes f2J No
Departmental Contact and Title: I Nancy Mooney. Contract Specialist
Phone #: I 541-322-7516 I
Deputy Director Approval: ~D..A .d..c
. ture Date
Department Director Approval:/ 10 ;) 13
Sign t re Date~
Distribution of Document: Return both originals to Nancy Mooney, Behavioral
Health Department.
Official Review:
County Signature Required (check one): D Department Director (if <$25K)
"Administrator (if >$25K but <$1 OK; if >$150K, BOCe Order No. _____,
Legal Review k ,1taf) Date 10 -(.;J ~ 13
Document Number 2013-572 ~~~~---------
9/30/2013
CRIMINAL JUSTICE COMMISSION
SPECIAL TY COURTS GRANT PROGRAM
885 Summer Street NE
Salem, OR 97301
This Agreement is made and entered into by and between the State of Oregon, acting by and through
its Criminal Justice Commission, hereafter referred to as "CJC," and Deschutes County, acting by and
through its Deschutes County Health Services, hereinafter referred to as "Grantee," and collectively
referred to as the "Parties:'
1. Effective Date; Availability of Grant Funds. This Agreement shall become effective on the
later of September 1,2013 or the date when this Agreement is fully executed and approved as
required by applicable law. Grant Funds under this Agreement are available for eligible costs incurred
beginning on the Project Start Date and ending on the Project End Date provided in Exhibit A. CJC's
obligation to disburse Grant Funds under this Agreement shall end 90 days after the Project End Date.
2. Agreement Documents. This Agreement consists of this document and the following
documents, all of which are attached hereto and incorporated herein by reference:
Exhibit A: Project Description and Budget
Exhibit B: Grant Application
ExhibitC: Subcontractor Insurance
In the event of a conflict between two or more of the documents comprising this Agreement, the
language in the document with the highest precedence shall control. The precedence ofeach of the
documents comprising this Agreement is as follows, listed from highest precedence to lowest
precedence: this Agreement without Exhibits; Exhibit A; Exhibit C; Exhibit B.
3. Grant Funds. In accordance with the terms and conditions of this Agreement, CJC shall
provide Grantee an amount not to exceed $ 168,232 in Grant Funds for eligible costs described in
Section 6 hereof.
4. Project. The Grant Funds shall be used solely for the Project described in Exhibit A and shall
not be used for any other purpose. No Grant Funds will be disbursed for any changes to the Project
unless such changes are approved by CJC by amendment pursuant to Section ll.d hereof.
5. Reports. SJrantee shall submit the reports required by this section by accessing and completing
the report forms at http://www.cjcgrants.com.
a. Progress Reports. Grantee shall to submit a report each quarter on its progress in
meeting each of it's agreed upon goals and objectives and comprehensive evaluation plan.
Progress reports must include data on performance measures. Reports must be received by CJC
no later than January 20, 2014; April 20, 2014 and July 20,2014. Grantee must receive prior
approval from CJC to extend a progress report requirement past its due date. CJC may adjust
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OC -2013-572
this reporting schedule on an as needed-basis upon notice to Grantee as provided in Section
11.g
b. Financial Reimbursement Reports.
i. In order to receive reimbursement, Grantee shall submit to CJC Requests for
Reimbursement (RFR) that include supporting documentation for all grant
expenditures. CJC must receive RFRs no later than January 20, 2014; April 20, 2014
and July 20, 2014. Reimbursements for expenses will be withheld if Progress Reports
have not timely been submitted or are incomplete. Grantee must receive prior approval
from CJC to extend an RFR past its due date.
ii. Reimbursement rates for travel expenses shall not exceed those allowed by the
Oregon travel policy, available at
http://www.oregon.gov/DAS/CFO/SARS/pages/oam_toc.aspx#Chapter_40___Travel. .
Requests for reimbursement for travel must be supported with a detailed statement
identifying the person who traveled, the purpose of the travel, the times, dates, and
places of travel, and the actual expenses or authorized rates incurred.
iii. When requesting reimbursement for equipment costing over $5,000, the Grantee
agrees to provide a description of the equipment, purchase price, date of purchase, and
identifying numbers if any.
iv. Reimbursements will be made only for actual expenses incurred during the grant
period. The Grantee agrees that no grant funds may be used for expenses incurred
before the Project Start Date or after the Project End Date.
6. Disbursement and Recovery of Grant Funds.
a. Disbursement Generally. CJC shall reimburse eligible costs incurred in carrying out
the Project, up to the Grant Fund amount provided in Section 3. Reimbursements shall be
made by CJC within 30 days of CJC’s approval of a RFR. Eligible costs are the reasonable and
necessary costs incurred by Grantee, or under a sub agreement described in Section 9 of this
Agreement, in performance of the Project and that are not excluded from reimbursement by
CJC, either by this Agreement or by exclusion as a result of financial review or audit.
b. Conditions Precedent to Disbursement. CJC’s obligation to disburse Grant Funds to
Grantee is subject to satisfaction, with respect to each disbursement, of each of the following
conditions precedent:
i. CJC has received funding, appropriations, limitations, allotments or other
expenditure authority sufficient to allow CJC, in the exercise of its reasonable
administrative discretion, to make the disbursement.
ii. Grantee is in compliance with the terms of this Agreement.
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iii. Grantee’s representations and warranties set forth in Section 7 hereof are true
and correct on the date of disbursement with the same effect as though made on the date
of disbursement.
iv. Grantee has provided to CJC a RFR in accordance with Section 5.b.i. hereof.
Grantee must submit its final request for reimbursement following completion of the
Project and no later than 60 days after the Project End Date. Failure to submit the final
request for reimbursement within 60 days after the Project End Date could result in
non-payment.
c. Recovery of Grant Funds. Any funds disbursed to Grantee under this Agreement that
are expended in violation or contravention of one or more of the provisions of this Agreement
(“Misexpended Funds”) or that remain unexpended on the earlier of termination or expiration
of this Agreement (“Unexpended Funds”) must be returned to CJC. Grantee shall return all
Misexpended Funds to CJC promptly after CJC’s written demand and no later than 15 days
after CJC’s written demand. Grantee shall return all Unexpended Funds to CJC within 14 days
after the earlier of expiration or termination of this Agreement.
7. Representations and Warranties of Grantee. Grantee represents and warrants to CJC as
follows:
a. Organization and Authority. Grantee is duly organized and validly existing under the laws
of the State of Oregon and is eligible to receive the Grant Funds. Grantee has full power,
authority, and legal right to make this Agreement and to incur and perform its obligations
hereunder, and the making and performance by Grantee of this Agreement (1) have been duly
authorized by all necessary action of Grantee and (2) do not and will not violate any provision
of any applicable law, rule, regulation, or order of any court, regulatory commission, board, or
other administrative agency or any provision of Grantee’s Articles of Incorporation or Bylaws,
if applicable, (3) do not and will not result in the breach of, or constitute a default or require
any consent under any other agreement or instrument to which Grantee is a party or by which
Grantee or any of its properties may be bound or affected. No authorization, consent, license,
approval of, filing or registration with or notification to any governmental body or regulatory
or supervisory authority is required for the execution, delivery or performance by Grantee of
this Agreement.
b. Binding Obligation. This Agreement has been duly executed and delivered by Grantee
and constitutes a legal, valid and binding obligation of Grantee, enforceable in accordance with
its terms subject to the laws of bankruptcy, insolvency, or other similar laws affecting the
enforcement of creditors’ rights generally.
c. No Solicitation. Grantee’s officers, employees, and agents shall neither solicit nor
accept gratuities, favors, or any item of monetary value from contractors, potential contractors,
or parties to subagreements. No member or delegate to the Congress of the United States or
3
State of Oregon employee shall be admitted to any share or part of this Agreement or any
benefit arising therefrom.
The warranties set in this section are in addition to, and not in lieu of, any other warranties set forth in
this Agreement or implied by law.
8. Records Maintenance and Access; Audit.
a. Records, Access to Records and Facilities. Grantee shall make and retain proper and
complete books of record and account and maintain all fiscal records related to this Agreement
and the Project in accordance with all applicable generally accepted accounting principles,
generally accepted governmental auditing standards and state minimum standards for audits of
municipal corporations. Grantee shall ensure that each of its subgrantees and subcontractors
complies with these requirements. CJC, the Secretary of State of the State of Oregon
(Secretary) and their duly authorized representatives shall have access to the books, documents,
papers and records of Grantee that are directly related to this Agreement, the funds provided
hereunder, or the Project for the purpose of making audits and examinations. In addition, CJC,
the Secretary and their duly authorized representatives may make and retain excerpts, copies,
and transcriptions of the foregoing books, documents, papers, and records. Grantee shall
permit authorized representatives of CJC and the Secretary to perform site reviews of the
Project, and to inspect all vehicles, real property, facilities and equipment purchased by
Grantee as part of the Project, and any transportation services rendered by Grantee.
b. Retention of Records. Grantee shall retain and keep accessible all books, documents,
papers, and records that are directly related to this Agreement, the Grant Funds or the Project
for a minimum of six (6) years, or such longer period as may be required by other provisions of
this Agreement or applicable law, following the Project End Date. If there are unresolved audit
questions at the end of the six-year period, Grantee shall retain the records until the questions
are resolved.
c. Expenditure Records. Grantee shall document the expenditure of all funds disbursed
by CJC under this Agreement. Grantee shall create and maintain all expenditure records in
accordance with generally accepted accounting principles and in sufficient detail to permit CJC
to verify how the moneys were expended.
9. Grantee Sub agreements and Procurements
a. Sub agreements. Grantee may enter into agreements with sub grantees, contractors or
subcontractors (collectively, “sub agreements”) for performance of the Project.
i. All sub agreements must be in writing executed by Grantee and must
incorporate and pass through all of the applicable requirements of this Agreement to the
other party or parties to the sub agreement(s). Use of a sub agreement does not relieve
Grantee of its responsibilities under this Agreement.
4
ii. Grantee agrees to provide CJC with a copy of any signed sub agreement upon
request by CJC. Any substantial breach of a term or condition of a sub agreement
relating to funds covered by this Agreement must be reported by Grantee to CJC within
ten (10) days of its being discovered.
b. Sub agreement indemnity; insurance.
Grantee’s sub agreement(s) shall require the other party to such sub agreements(s) that is
not a unit of local government as defined in ORS 190.003, if any, to indemnify, defend, save
and hold harmless the CJC and its officers, employees and agents from and against any and
all claims, actions, liabilities, damages, losses, or expenses, including attorneys’ fees, arising
from a tort, as now or hereafter defined in ORS 30.260, caused, or alleged to be caused, in
whole or in part, by the negligent or willful acts or omissions of the other party to Grantee’s
sub agreement or any of such party’s officers, agents, employees or subcontractors
(“Claims”). It is the specific intention of the Parties that CJC shall, in all instances, except
for Claims arising solely from the negligent or willful acts or omissions of the CJC, be
indemnified by the other party to Grantee’s sub agreement(s) from and against any and all
Claims.
Any such indemnification shall also provide that neither Grantee’s sub grantee(s), contractor(s)
nor subcontractor(s), nor any attorney engaged by Grantee’s subgrantee(s), contractor(s) nor
subcontractor(s) shall defend any claim in the name of the State or any agency of the State of
Oregon, nor purport to act as legal representative of the State of Oregon or any of its agencies,
without the prior written consent of the Oregon Attorney General. The State may, at any time at
its election, assume its own defense and settlement in the event that it determines that Grantee’s
subgrantee is prohibited from defending State or that Grantee’s subgrantee is not adequately
defending State’s interests, or that an important governmental principle is at issue or that it is in
the best interests of State to do so. State reserves all rights to pursue claims it may have against
Grantee’s subgrantee if State elects to assume its own defense.
Grantee shall require the other party, or parties, to each of its subagreements that are not units
of local government as defined in ORS 190.003 to obtain and maintain insurance of the types
and in the amounts provided in Exhibit C to this Agreement.
c. Procurements.
i. Grantee shall make purchases of any equipment, materials, or services for the
Project under procedures that comply with Oregon law, including all applicable
provisions of the Oregon Public Contracting Code and rules.
ii. All procurement transactions, whether negotiated or competitively bid and
without regard to dollar value, shall be conducted in a manner so as to provide
maximum open and free competition. Justification must be provided to CJC for any
non-competitive or sole-source procurement. Justification should include a description
of the program and what is being contracted for, an explanation of why it is necessary
5
to contract noncompetitively, time constraints and any other pertinent information. All
sole source procurements in excess of $100,000 must receive prior written approval
from CJC in addition to any other approvals required by law applicable to Grantee.
Interagency agreements between units of government are excluded from this
requirement to obtain CJC approval of sole source procurements.
iii. The Grantee shall be alert to organizational conflicts of interest or non-
competitive practices among contractors that may restrict or eliminate competition or
otherwise restrain trade. Contractors that develop or draft specifications, requirements,
statements of work, or Requests for Proposals (RFP) for a proposed procurement shall
be excluded from bidding or submitting a proposal to compete for the award of such
procurement. Any request for exemption must be submitted in writing to CJC.
10. Termination
a. Termination by CJC. CJC may terminate this Agreement effective upon delivery of
written notice of termination to Grantee, or at such later date as may be established by CJC in
such written notice, if:
i. Grantee fails to perform the Project within the time specified herein or any
extension thereof or commencement, continuation or timely completion of the Project
by Grantee is, for any reason, rendered improbable, impossible, or illegal; or
ii. CJC fails to receive funding, appropriations, limitations or other expenditure
authority sufficient to allow CJC, in the exercise of its reasonable administrative
discretion, to continue to make payments for performance of this Agreement; or
iii. Federal or state laws, rules, regulations or guidelines are modified or interpreted
in such a way that the Project is no longer allowable or no longer eligible for funding
under this Agreement; or
iv. The Project would not produce results commensurate with the further
expenditure of funds; or
v. Grantee takes any action pertaining to this Agreement without the approval of
CJC and which under the provisions of this Agreement would have required the
approval of CJC.
b. Termination by Grantee. Grantee may terminate this Agreement effective upon
delivery of written notice of termination to CJC, or at such later date as may be established by
Grantee in such written notice, if:
i. The requisite local funding to continue the Project becomes unavailable to
Grantee or Grantee is unable to continue implementation of the Program as a result of
circumstances not reasonably anticipated by Grantee at the time it executed this
Agreement and that are beyond Grantee’s reasonable control; or
6
ii. Federal or state laws, rules, regulations or guidelines are modified or interpreted
in such a way that the Project is no longer allowable or no longer eligible for funding
under this Agreement.
iii. Upon termination of this Agreement under this subsection b, CJC may end all
further disbursements of grant funds upon receipt of Grantee’s termination notice but
Grantee shall not be required to repay to CJC any grant funds previously disbursed to
and expended by Grantee in accordance with the terms and conditions of this
Agreement.
c. Termination by Either Party. Either Party may terminate this Agreement upon at
least ten day’s notice to the other Party and failure of the other Party to cure within the period
provided in the notice, if the other Party fails to comply with any of the terms of this
Agreement.
11. GENERAL PROVISIONS
a. Contribution. If any third party makes any claim or brings any action, suit or
proceeding alleging a tort as now or hereafter defined in ORS 30.260 (“Third Party Claim”)
against CJC or Grantee with respect to which the 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. Each 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 a Party of the notice
and copies required in this paragraph and meaningful opportunity for the Party to participate in
the investigation, defense and settlement of the Third Party Claim with counsel of its own
choosing are conditions precedent to that Party’s liability with respect to the Third Party Claim.
With respect to a Third Party Claim for which CJC is jointly liable with Grantee (or would be
if joined in the Third Party Claim ), CJC shall contribute to the amount of expenses (including
attorneys’ fees), judgments, fines and amounts paid in settlement actually and reasonably
incurred and paid or payable by Grantee in such proportion as is appropriate to reflect the
relative fault of the CJC on the one hand and of the Grantee on the other hand in connection
with the events which resulted in such expenses, judgments, fines or settlement amounts, as
well as any other relevant equitable considerations. The relative fault of CJC on the one hand
and of Grantee on the other hand shall be determined by reference to, among other things, the
Parties’ relative intent, knowledge, access to information and opportunity to correct or prevent
the circumstances resulting in such expenses, judgments, fines or settlement amounts. CJC’s
contribution amount in any instance is capped to the same extent it would have been capped
under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if CJC had
sole liability in the proceeding.
With respect to a Third Party Claim for which Grantee is jointly liable with CJC (or would be
if joined in the Third Party Claim), Grantee shall contribute to the amount of expenses
7
(including attorneys’ fees), judgments, fines and amounts paid in settlement actually and
reasonably incurred and paid or payable by CJC in such proportion as is appropriate to reflect
the relative fault of Grantee on the one hand and of CJC on the other hand in connection with
the events which resulted in such expenses, judgments, fines or settlement amounts, as well as
any other relevant equitable considerations. The relative fault of Grantee on the one hand and
of CJC on the other hand shall be determined by reference to, among other things, the Parties’
relative intent, knowledge, access to information and opportunity to correct or prevent the
circumstances resulting in such expenses, judgments, fines or settlement amounts. Grantee’s
contribution amount in any instance is capped to the same extent it would have been capped
under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if it had sole
liability in the proceeding.
b. Dispute Resolution. The Parties shall attempt in good faith to resolve any dispute
arising out of this Agreement. In addition, the Parties may agree to utilize a jointly selected
mediator or arbitrator (for non-binding arbitration) to resolve the dispute short of litigation.
c. Reserved.
d. Amendments; budget changes. This Agreement may be amended or extended only by
a written instrument signed by both Parties and approved as required by applicable law.
Grantee may propose changes to the Budget in Exhibit A that do not increase the total budget
amount. The proposed changes to the Budget will be effective without a written Amendment
to this Agreement upon written approval by CJC delivered to Grantee as provided in Section
11.g.
e. Duplicate Payment. Grantee is not entitled to compensation or any other form of
duplicate, overlapping or multiple payments for the same work performed under this
Agreement from any agency of the State of Oregon or the United States of America or any
other party, organization or individual.
f. No Third Party Beneficiaries. CJC and Grantee are the only Parties to this
Agreement and are the only Parties entitled to enforce its terms. Nothing in this Agreement
gives, is intended to give, or shall be construed to give or provide any benefit or right, whether
directly or indirectly, to a third person unless such a third person is individually identified by
name herein and expressly described as an intended beneficiary of the terms of this Agreement.
Grantee acknowledges and agrees that the Federal Government, absent express written consent
by the Federal Government, is not a party to this Agreement and shall not be subject to any
obligations or liabilities to the Grantee, contractor or any other party (whether or not a party to
the Agreement) pertaining to any matter resulting from the this Agreement.
g. Notices. 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, email, or mailing the same by registered or certified
mail, postage prepaid, to Grantee Contact or CJC Contact at the address or number set forth on
8
the signature page of this Agreement, or to such other addresses or numbers as either Party may
hereafter indicate pursuant to this Section 11.g. Any communication or notice personally
delivered shall be deemed to be given when actually delivered. Any communication or notice
delivered by facsimile shall be deemed to be given when receipt of the transmission is
generated by the transmitting machine, and to be effective against CJC, such facsimile
transmission must be confirmed by telephone notice to CJC Contact. Any communication by
email shall be deemed to be given when the recipient of the email acknowledges receipt of the
email. The parties also may communicate by telephone, regular mail or other means, but such
communications shall not be deemed notices under this Section unless receipt by the other
party is expressly acknowledged in writing by the receiving party.
h. 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 State
(or any other agency or department of the State of Oregon) and Grantee that arises from or
relates to this Agreement shall be brought and conducted solely and exclusively within the
Circuit Court of Marion County in the State of Oregon. In no event shall this section be
construed as a waiver by the State of Oregon of 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 court. Each party hereby consents to the exclusive jurisdiction of such court, waives any
objection to venue, and waives any claim that such forum is an inconvenient forum.
i. Compliance with Law. Grantee shall comply with all federal, state and local laws,
regulations, executive orders and ordinances applicable to the Agreement or to the
implementation of the Project, including without limitation as described in Exhibit D. Without
limiting the generality of the foregoing, Grantee expressly agrees to comply with (i) Title VI of
Civil Rights Act of 1964; (ii) Title V and Section 504 of the Rehabilitation Act of 1973; (iii)
the Americans with Disabilities Act of 1990 and ORS 659A.142; (iv) all regulations and
administrative rules established pursuant to the foregoing laws; and (v) all other applicable
requirements of federal and state civil rights and rehabilitation statutes, rules and regulations.
j. Insurance; Workers’ Compensation. All employers, including Grantee, that employ
subject workers who provide services in the State of Oregon shall comply with ORS 656.017
and provide the required Workers’ Compensation coverage, unless such employers are exempt
under ORS 656.126. Employer’s liability insurance with coverage limits of not less than
$500,000 must be included. Grantee shall ensure that each of its subgrantee(s), contractor(s),
and subcontractor(s) complies with these requirements.
k. Independent Contractor. Grantee shall perform the Project as an independent
contractor and not as an agent or employee of CJC. Grantee has no right or authority to incur
or create any obligation for or legally bind CJC in any way. CJC cannot and will not control
the means or manner by which Grantee performs the Project, except as specifically set forth in
this Agreement. Grantee is responsible for determining the appropriate means and manner of
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performing the Project. Grantee acknowledges and agrees that Grantee is not an “officer”,
“employee”, or “agent” of CJC, as those terms are used in ORS 30.265, and shall not make
representations to third parties to the contrary.
l. Severability. If any term or provision of this Agreement is declared by a court of
competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining
terms and provisions shall not be affected, and the rights and obligations of the Parties shall be
construed and enforced as if this Agreement did not contain the particular term or provision
held to be invalid.
m. Counterparts. This Agreement may be executed in two or more counterparts (by
facsimile or otherwise), each of which is an original and all of which together are deemed one
agreement binding on all Parties, notwithstanding that all Parties are not signatories to the same
counterpart.
n. Integration and Waiver. This Agreement, including all Exhibits, constitutes the entire
agreement between the Parties on the subject matter hereof. There are no understandings,
agreements, or representations, oral or written, not specified herein regarding this Agreement.
The delay or failure of either Party to enforce any provision of this Agreement shall not
constitute a waiver by that Party of that or any other provision. Grantee, by the signature
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below of its authorized representative, hereby acknowledges that it has read this Agreement,
understands it, and agrees to be bound by its terms and conditions.
Approved by Grantee
Signature of Grantee Date
Name/Title
Federal Tax ID Number State Tax ID Number
Approved by Criminal Justice Commission
Craig Prins, Executive Director Date
CJC Grant Administrator Grantee Contact
Greg Lay Sheryl Hogan
885 Summer St. NE 2577 NE Courtney Drive
Salem, OR 97301-2524 Bend, OR 97701
503-378-2655 541-322-7571
gregory.lay@state.or.us Sheryl_hogan@co.deschutes.or.us
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EXHIBIT A
Project Description and Budget
The goal of the Criminal Justice Commission’s Specialty Courts Grant Program is to financially
support existing Oregon specialty courts serving adults, juveniles, families and Veterans struggling
with substance abuse and co-occurring disorders.
This grant award agreement funds the Deschutes County Family Drug Court.
Project Start Date: September 1, 2013 Project End Date: June 30, 2014
GRANT #: GF-13-045
PROGRAM CONTACT: Sheryl Hogan FISCAL CONTACT: Sherri Pinner
EMAIL: sherry_hogan@co.deschutes.or.us EMAIL: sherri_pinner@co.deschutes.or.us
TELEPHONE: 541-322-7571 TELEPHONE: 541-322-7509
Budget Summary
Grant Funds
Requested Other Support Total
Personnel Salaries $7,500.00 $63.43 $7,563.43
Contractual/Consultant Services $160,732.00 $45,000.00 $205,732.00
Rent And Utilities $0 $0 $0
Supplies $0 $0 $0
Travel/Training/Conferences $0 $0 $0
Equipment $0 $0 $0
Administration $0 $0 $0
Evaluation $0 $0 $0
Other Expenses $0 $0 $0
Total $168,232.00 $45,063.43 $213,295.43
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EXHIBIT B
Grant Application
Grantee’s Grant Application is maintained by CJC in a separate physical document and is
incorporated in this Exhibit B by reference.
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EXHIBIT C
Sub agreement Insurance Requirements
Grantee shall require its first tier contractor(s) that are not units of local government as defined in ORS
190.003, if any, to: i) obtain insurance specified under TYPES AND AMOUNTS and meeting the
requirements under ADDITIONAL INSURED, "TAIL" COVERAGE, and CERTIFICATES OF
INSURANCE before the contractors perform under contracts between Grantee and the contractors (the
"Subcontracts"), and ii) maintain the insurance in full force throughout the duration of the
Subcontracts. The insurance must be provided by insurance companies or entities that are authorized
to transact the business of insurance and issue coverage in the State of Oregon and that are acceptable
to CJC. Grantee shall not authorize contractors to begin work under the Subcontracts until the
insurance is in full force. Thereafter, Grantee shall monitor continued compliance with the insurance
requirements on an annual or more frequent basis. Grantee shall incorporate appropriate provisions in
the Subcontracts permitting it to enforce contractor compliance with the insurance requirements and
shall take all reasonable steps to enforce such compliance. Examples of "reasonable steps" include
issuing stop work orders (or the equivalent) until the insurance is in full force or terminating the
Subcontracts as permitted by the Subcontracts, or pursuing legal action to enforce the insurance
requirements. In no event shall Grantee permit a contractor to work under a Subcontract when the
Grantee is aware that the contractor is not in compliance with the insurance requirements. As used in
this section, a “first tier” contractor is a contractor with which the Grantee directly enters into a
contract. It does not include a subcontractor with which the contractor enters into a contract.
TYPES AND AMOUNTS.
i. WORKERS COMPENSATION. Insurance in compliance with ORS 656.017, which requires all
employers that employ subject workers, as defined in ORS 656.027, to provide workers’ compensation
coverage for those workers, unless they meet the requirement for an exemption under ORS 656.126(2).
Employers Liability insurance with coverage limits of not less than $500,000 must be included.
ii. PROFESSIONAL LIABILITY
Required by CJC Not required by CJC.
Professional Liability Insurance covering any damages caused by an error, omission or negligent act
related to the services to be provided under the Subcontract, with limits not less than the following, as
determined by CJC:
$2,000,000 per occurrence (for all claimants for claims arising out of a single accident or
occurrence).
iii. COMMERCIAL GENERAL LIABILITY.
Required by CJC Not required by CJC.
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Commercial General Liability Insurance covering bodily injury, death, and property damage in a form
and with coverage’s that are satisfactory to CJC. This insurance shall include personal injury liability,
products and completed operations. Coverage shall be written on an occurrence form basis, with not
less than the following amounts as determined by CJC:
Bodily Injury, Death and Property Damage:
$1,000,000 per occurrence (for all claimants for claims arising out of a single accident or
occurrence).
iv. AUTOMOBILE Liability Insurance: Automobile Liability.
Required by CJC Not required by CJC.
Automobile Liability Insurance covering all owned, non-owned and hired vehicles. This coverage
may be written in combination with the Commercial General Liability Insurance (with separate limits
for “Commercial General Liability” and “Automobile Liability”). Automobile Liability Insurance must
be in not less than the following amounts as determined by CJC:
Bodily Injury, Death and Property Damage:
$1,000,000 per occurrence (for all claimants for claims arising out of a single accident or
occurrence).
ADDITIONAL INSURED. The Commercial General Liability insurance and Automobile Liability
insurance must include CJC, its officers, employees and agents as Additional Insureds but only with
respect to the contractor's activities to be performed under the Subcontract. Coverage must be primary
and non-contributory with any other insurance and self-insurance.
"TAIL" COVERAGE. If any of the required insurance policies is on a "claims made" basis, such as
professional liability insurance, the contractor shall maintain either “tail" coverage or continuous
"claims made" liability coverage, provided the effective date of the continuous “claims made”
coverage is on or before the effective date of the Subcontract, for a minimum of 24 months following
the later of : (i) the contractor’s completion and Grantee ’s acceptance of all Services required under
the Subcontract or, (ii) the expiration of all warranty periods provided under the Subcontract.
Notwithstanding the foregoing 24-month requirement, if the contractor elects to maintain “tail”
coverage and if the maximum time period “tail” coverage reasonably available in the marketplace is
less than the 24-month period described above, then the contractor may request and CJC may grant
approval of the maximum “tail “ coverage period reasonably available in the marketplace. If CJC
approval is granted, the contractor shall maintain “tail” coverage for the maximum time period that
“tail” coverage is reasonably available in the marketplace.
CERTIFICATE(S) OF INSURANCE. Grantee shall obtain from the contractor a certificate(s) of
insurance for all required insurance before the contractor performs under the Subcontract. The
certificate(s) or an attached endorsement must specify: i) all entities and individuals who are endorsed
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on the policy as Additional Insured and ii) for insurance on a “claims made” basis, the extended
reporting period applicable to “tail” or continuous “claims made” coverage.
The grantee shall immediately notify the CJC of any change in insurance coverage.
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