HomeMy WebLinkAboutDoc 662 - High Desert ESD - Healthy FamiliesDeschutes County Board of Commissioners
1300 NWWali 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 December 16, 2013
DATE: December 12,2013
FROM: Nancy Mooney, Contract Specialist Phone: 322-7516
Health Services, Behavioral Health Division
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Document #2013-662, Agreement between High Desert
Education Service District and Deschutes County Health Services (DCHS).
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
This Grant outlines High Desert Education Service District's roles and responsibilities in
participation of the Healthy Families of the High Desert program. High Desert Education Service
District is a regional support system that links school districts in Central Oregon to state and
national education resources. Their programs help districts minimize duplication of services,
preserve their local budgets and receive special programs that might otherwise be unavailable to
them.
Healthy Families of the High Desert is Deschutes County's Healthy Start Program. It is a voluntary
home visiting program that assists families in giving their newborn children a "healthy start" in life.
The program offers weekly intensive home visits for first birth, high-need families and one-time
welcome home visit to all families with newborns.
Deschutes County Early Learning Division will contribute $243,029 to the High Desert Education
Service District for the Healthy Families of the High Desert program. The High Desert Education
Service District will provide quarterly outcome reports to Deschutes County.
FISCAL IMPLICATIONS:
Maximum compensation is $243,029.
RECOMMENDATION & ACTION REQUESTED:
Behavioral Health requests approval.
ATTENDANCE: Sarah Peterson, Regional Early Learning Coordinator
DISTRIBUTION OF DOCUMENTS:
Executed copies 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 retumed 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 all sections above the Official Review line.
Date: I December 5.20131
Department: I Health Services, Early Learning Division
Contractor/Supplier/Consultant Name: I High Desert Education Service Distric~
Contractor Contact: I Kathy Thompson 1
Type of Document: Grant
Goods and/or Services: This Grant outlines High Desert Education Service District's roles and
responsibilities in participation of the Healthy Families of the High Desert program.
Background & History: High Desert Education Service District is a regional support
system that links school districts in Central Oregon to state and national education resources.
Their programs help districts minimize duplication of services, preserve their local budgets and
receive special programs that might otherwise be unavailable to them.
Healthy Families of the High Desert is Deschutes County's Oregon Healthy Start Program. It is
a voluntary home visiting program that assists families in giving their newborn children a
. "healthy start" in life. The program offers weekly intensive home visits for first birth, high-need
families and one-time welcome home visit to all families with newborns.
Deschutes County Early Learning Division will contribute $243,029 to the High Desert Education
Service District for the Healthy Families of the High Desert program. The High Desert
Education Service District will provide quarterly outcome reports to Deschutes County.
Agreement Start Date: I October 1, 2013 I Ending Date: 1 June 30, 2014 I
I
Annual Value or Total Payment: 1 Maximum compensation is $243.029.
Check all that apply: o RFP, Solicitation or Bid Process o Informal quotes «$150K)
~ Exempt from RFP, Solicitation or Bid Process (specify -see DCC §2.37)
Funding Source: (Included in current budget? ~ Yes 0 No
If No, has budget amendment been submitted? 0 Yes 0 No
12/512013
I
Legal Review
Is this a Grant Agreement providing revenue to the County? 0 Yes IZl No
Special conditions attached to this grant: D
Deadlines for reporting to the grantor: D
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 0 No
Contact information for the person responsible for grant compliance: Name: D
Phone#:D
Departmental Contact and Title: I Nancy Mooney, Contract Specialist
Phone #: I 541-322-7516 I
Depar1ment Director Approval: ~ t)w-btv ~ 13
Sign tu e Date
Distribution of Document: Return both ongln Is to Nancy Mooney, BehaVioral Health
Department.
o
Official Review:
County Signature Required (check one): 1;0 BOCC 0 Department Director (if <$25K)
OK; if >$150K, BOCC Order No. ____-'
Date i"L - / 1. ~ 13
Document Number 2=O=-1:..::3:.....;-6~6:::.=2=----____
12/512013
I
For Recording Stamp Only
Contract for Subgrant Under
The Deschutes County Health Services Department, Early Learning Division (ELD)
Contractor: High Desert Education Service District
Project: Healthy Families of the High Desert
Contact: Kathy Thompson, Healthy Families Coordinator
THIS CONTRACT, made and entered into by and between Deschutes County, a political
subdivision of the State of Oregon, hereinafter called "County," acting by and through the
Deschutes County Health Services Department, Early Learning Division, herein after called
the "EL Division", "ELD" or "County", and High Desert Education Service District, an
Oregon non-profit corporation, Federal Tax ID #93-6002511, hereinafter referred to as
"Contractor. "
RECITALS
WHEREAS, Contractor has submitted to EL Division its application for a subgrant award to
undertake the Project, as set forth in Exhibits A and B; and
WHEREAS, in reliance upon Contractor's application, and expressed willingness and
capability to undertake the Project pursuant to this Contract, County has selected
Contractor to perform the services set forth in this Contract in accordance with the attached
Work Plan and Budget; and
WHEREAS, Contractor has agreed to complete the Work Plan and the Contract in accordance
with the terms and conditions of all granting organizations managed by and through the EL
Division, now, therefore, in consideration of the mutual promises hereinafter stated, IT IS
HEREBY AGREED by and between the parties above mentioned, as follows:
1. DEFINITIONS
Application -The proposal provided by an applicant agency seeking funding. The
application helps define the service to be purchased and the use of EL Division resources.
Director -The Director of the Deschutes County Health Services Department or the
Director's designee.
Grant -The application, award, and incorporated documents constituting an agreement
between County and the Oregon Commission on Children & Families Healthy Start, Great
Start, Family Support Services grants, and County General Fund to carry out the Project, as
defined in Exhibit A.
Page 1 of 33 -Early Learning Division -Contract No. 2013-662 DC 2013·66?
Contract for Subgrant Under
The Deschutes County Health Services Department, Early Learning Division (ELD)
Other granting organizations Any entity providing resources (to the EL Division) that
provide funds for this Contract.
EL Division -The Deschutes County Health Services Early learning Division.
Work Plan -The attached document that details the performance measures which
Contractor must satisfy in order to qualify for payment under this Contract.
2. Effective Date: This Contract is effective at 12:01 a.m., October I, 2013, or the
date this Contract is fully executed, whichever is later. Contractor shall not be
entitled to payment for any services that are or may have been rendered prior to the
effective date of this Contract.
3. Duration. This Contract expires at 11:59 p.m. on, June 30, 2014.
4. Contractor's Services. Contractor agrees to provide the services set forth in the
Work Plan, marked Exhibit A, and in accordance with the Budget, marked Exhibit B,
both of which are attached hereto and by this reference incorporated herein. Exhibit
A may be modified during the term of this Contract only upon the written consent of
Contractor and the Director, provided that a) the modifications are consistent with
the Work Plan goals in Exhibit A, and, if approved, b) the value of services to be
furnished equals or exceeds the value of services set forth in Exhibit A and Exhibit B,
as determined by the Director.
5. Consideration. The maximum consideration authorized under this Contract is
$243,029. Said consideration is the complete compensation to Contractor for
services performed. This Contract between the County and the Contractor is subject
to the appropriation, continuation and sufficiency of local, state and federal funds.
6. Independent Contractor. Contractor is engaged hereby as an independent
contractor, as that term is defined by DRS 670.600, and will be so deemed all
purposes, including without limitation, the following:
a. Contractor will be solely responsible for payment of any Federal or State taxes
required as a result of this Contract.
b. This Contract does not entitle Contractor to any wages or benefits generally-paid
or granted to County employees, including, without limitation, vacation, holiday
and sick leave, other leaves with pay, medical and dental coverage, life and
disability insurance, and other forms of compensation.
c. Contractor is an independent contractor for purposes of the Oregon Workers'
Compensation law (DRS Chapter 656) and is solely liable for any Workers'
Compensation coverage under this Contract. If Contractor performs this Contract
without the aSSistance of any other person, upon County's request, Contractor
shall execute a Joint Declaration with County's Workers' Compensation carrier
absolving County of any and all liability for Workers' Compensation benefits
under DRS 656.029(2).
7. Subcontractor Delegation. Contractor shall not assign or delegate the
responsibility for providing services hereunder to any other individual or agency,
unless outlined in this Contract or approved in writing by the Director.
Page 2 of 33 -Early leaming Division -Contract No. 2013-662
Contract for Subgrant Under
The Deschutes County Health Services Department, Early Learning Division (ELD)
Any delegation, subcontract, assignment, or transfer without the prior written
consent of County shall constitute a material breach of this Contract.
a. Any such assignment or transfer, if approved, is subject to such conditions and
provisions, as the County may deem necessary.
b. No approval by the County of any assignment or transfer of interest shall be
deemed to create any obligation of the County to increase rates of payment or
the maximum Contract consideration.
c. Prior written approval shall not be required for the purchase by the Contractor of
articles, supplies and services which are incidental to the provision of services
under this Contract and that are necessary for the performance of the work.
d. Any subcontracts that the County may authorize shall contain all requirements of
this Contract, and the Contractor shall be responsible for the performance of the
subcontractor.
8. Duties and Responsibilities of County.
a. Oversee the Contractor's completion of the Work Plan in accordance with
the terms and conditions of the Grant, which is by this reference incorporated
herein.
b. Disburse Grant funds, as appropriate, upon timely receipt from Contractor of
complete and accurate reports and documents required by this Contract or
requested by County. Except as otherwise provided in this Contract, County will
disburse to Contractor on a quarterly basis throughout the length of the contract
within twenty-five (2S) days after receipt of the required items referred to in 8 (i)
below. Payment may be delayed or denied, if required documentation is not
received. Disbursement will include any unpaid amounts for satisfactory
performance during the previous three months. Contractor shall make available
quarterly reports based on a schedule determined by the Director at the
beginning of the contract period. Reports may be submitted electronically using
forms/templates approved by the EL Division. The number of payments will be
based upon the number of calendar quarters contained in the Contract.
c. Maintain an inventory of all property purchased and provide reports in
accordance with the requirements of the EL Division.
9. Duties and Responsibilities of Contractor.
a. Carry out the Project as an independent contractor and not as an agent of
County in accordance with the terms and conditions of the Grant and Scope of
Work.
b. Obtain prior Director approval of all revisions to the Budget as detailed in
Exhibit B that are in excess of ten percent (10%) of the amount of the contracted
amount.
c. Document and report cash or in-kind match in the amounts shown in Exhibit
B.
Page 3 of 33 -Early Learning Division -Contract No. 2013-662
Contract for Subgrant Under
The Deschutes County Health Services Department, Early Learning Division (ELD)
d. Prepare and furnish such plans, data, descriptive information and reports
as may be requested by County, as needed to comply with County, State and or
Federal requirements. Contractor agrees to, and does hereby grant the County
and any other granting organizations the right to reproduce, use, and disclose all
or any part of the reports, data, and technical information furnished under this
Contract.
e. Justify all costs by properly executed payroll records, time records, invoices,
contracts, vouchers, orders, and any other accounting documents pertaining in
whole or in part to this Contract, conforming to generally accepted accounting
principles and in sufficient detail to permit County to verify how the financial
assistance paid by County under this Contract was expended.
f. Maintain confidentiality of all records pursuant to applicable Oregon Revised
Statutes. Contractor shall not use, release or disclose any information concerning
any employee, client, applicant or person doing business with the County for any
purpose not directly connected with the administration of County's or the
Contractor's responsibilities under this Contract except upon written consent of
the County, and if applicable, the employee, client, applicant or person. The
Contractor shall ensure that its agents, employees, officers and subcontractors
with access to County and Contractor records understand and comply with this
confidentiality provision.
g. Submit to County, on a regular basis, the required reporting forms per the
reporting schedule in Exhibit A.
h. Meet at least once during the Contract period with a designated EL
Division representative to discuss Work Plan (Exhibit A) progres,s. Additional
meetings may be required by the EL Division.
i. When actual performance varies significantly from Exhibit A, the
Contractor shall submit to the EL Division a written explanation along with the
quarterly report (or within the reporting time frame approved by the Director at
the beginning of the contract term). Significant variance in performance means a
15% or greater variation reflecting poorer outcomes and/or outputs than as
outlined in Exhibit A, Work Plan or the reporting time frame, and shall be deemed
non-compliance with the work plan. In the event a Contractor does not submit a
written explanation with the required reports when a significant variance in
performance has occurred, the EL Division staff liaison will endeavor to notify the
Contractor and request a written explanation within 30 days of notification,
provided however, that failure to provide such notice shall not excuse
Contractor's non-compli~nce.
j. The written explanation for non-compliance shall include at a minimum
the following information:
(1) an explanation as to why the Contractor is out of compliance;
(2) clear description of what the Contractor is doing or proposes to do to
correct the non-compliance; and
(3) a proposed time line for bringing the program into compliance or an
explanation for the reason the program will or may not be able to bring
performance into compliance.
Page 4 of 33 -Early Learning Division -Contract No. 2013-662
Contract for Subgrant Under
The Deschutes County Health Services Department, Early Learning Division (ELD)
k. The Contractor's written explanation shall be subject to
review/approval by the Director and, depending on the severity of the non
compliance, as determined by the Director.
I. Regardless of Contractor's explanation, the Director and the BOCC
retain the right to take appropriate action in cases where reported
outcomes and/or outputs vary significantly from the agreed upon Work Plan,
including reducing funding, withholding payment of funds, recoupment of funds
and, in the Director's sole discretion, reallocation of grant funds for distribution
to other contractors or programs.
m. Assurances: The Contractor attests that the information provided to EL
Division to determine Contractor eligibility for payment, including all required
reports, is true and accurate to the best of the Contractor's knowledge. The
Contractor's representative signing this Contract further attests that they have
the authority to represent their organization in all phases of the contract,
including the selection process. Contractor's representative signing this Contract
understands that any false or substantially incorrect statements may disqualify
the Contractor's proposal from further conSideration, and shall be cause for
termination of any contract.
n. Contractor shall expressly refer to the EL Division's financial support by
adhering to the Deschutes County Co-Branding Goals, Guidelines and
Expectations, as set forth in the attached Exhibit C. Any Contractor failing to
identify itself as a Deschutes County funded partner agency and/or to adhere to
the Deschutes County co-branding expectations outlined in Exhibit C may result
in the termination of the Contract and/or cause the EL Division to sever any
future funding partner relationship.
o. If a Contractor has any concerns, complaints or issues with the EL
Division the Contractor shall notify the Director to voice such concerns,
complaints or issues. The Contractor shall not voice concerns, complaints or
issues it has with ELD in published materials or the media. Significant issues,
complaints or concerns should be outlined in writing and directed to the
Director.
p. Family Violence Policy: No later than the end of the Contract term (or, if
more than one year, the first anniversary of the contract), the Contractor shall
prepare and adopt a formal workplace policy related to family violence. At a
minimum, the policy will include a statement of how family violence victims will
be supported and how the Contractor will provide necessary staff training in
support of family violence Victims.
q. Child Abuse Reporting Policy: No later than the end of the contract term (or,
if more than one year, the first anniversary of the contract), the Contractor shall
prepare and adopt a formal work place policy related to reporting of child abuse.
At a minimum, the policy will include a statement of how child abuse will be
recognized and reported and how the Contractor will provide necessary staff
training to ensure that incidents of child abuse are recognized and reported.
r. Perform services as an equal opportunity employer. Contractor shall not
deny services or discriminate on the basis of sex, race, color, age, creed,
national origin, marital status, sexual orientation, disability, duration of
residence or any other protected classification under state or federal law, and
Page 5 of 33 -Early Leaming Division -Contract No. 2013-662
Contract for Subgrant Under
The Deschutes County Health Services Department, Early Learning Division (ELD)
there shall be no discrimination in selection, compensation, or other
employment practices with respect to personnel coming under the auspices of
Contractor. Contractor will otherwise comply with the provisions and require
ments of Title VII of the Civil Rights Act of 1974, and all requirements issued by
the Department of Justice.
s. Age, Gender, and Culture Sensitivity: Contractor shall provide effective
service without regard to the age, gender or cultural differences among clients.
This includes Contractor having sufficient training and knowledge, as well as
appropriate age, gender and cultural neutral program features. If local training
programs to enhance service delivery in response to age, gender or cultural
differences of clients are available during the contract term, Contractor shall
participate.
t. Contractor shall not expend nor request County reimbursement of any grant
funds for Activities and Services, including allowable costs, other than those set
forth in Exhibit A, which are undertaken by, timely completed and properly
documented by Contractor.
10. Additional State and Federal Requirements Applicable to Contract. If any
funds to be paid to Contractor under this Contract are received by the County from
any agency of the federal government, Contractor shall comply with all applicable
federal, state and local laws, including but not limited to, OAR 423-010-0005 to 423
010-0040 and the following laws:
a. Contractor shall comply with all federal, state and local laws, regulations,
executive orders, codes and ordinances applicable to the Contract or to the
conduct of activities under this Contract. Without limiting the generality of the
foregOing, Contractor expressly agrees to comply with the following laws,
regulations and executive orders to the extent they are applicable to the
Contract: (a) all applicable requirements of state civil rights and rehabilitation
statutes, rules and regulations; (b) all state laws requiring reporting of client
abuse; (c) ORS 659A.l00 to ORS 659A.409 and all regulations and
administrative rules established, pursuant to those laws in the conduct of all
programs, services and training associated with the Contract. These laws,
regulations and executive orders are incorporated by reference herein to the
extent that they are applicable to the Contract. Contractor shall comply with the
provisions of ORS 279B.220, 279B.230 and 279B.235, which are incorporated
by reference herein. Contractor shall comply with ORS 656.017 and provide the
required Workers' Compensation coverage, unless exempt under ORS 656.126.
b. Contractor shall obtain and continuously maintain all licenses, certificates,
authorizations and other approvals required by applicable law to deliver
services.
c. When utilizing federal Title XX block grant funds, the additional federal
requirements applicable to the Title XX block grant funds in 42 USC 1397 et
seq., including but not limited to: maintaining and providing to County such
documentation as the County shall require to comply with federal reporting
requirements; 45 CFR Part 96; and the limitations on the use of Title XX grants
in 42 USC 1397d.
d. Contractor shall comply with all appncable federal and state laws and
regulations pertaining to the provision of Medicaid Services under the Medicaid
Act, TItle XIX, 42 USC Section 1396, et. seq. including without limitation
Page 6 of 33 -Early Learning Division -Contract No. 2013-662
Contract for Subgrant Under
The Deschutes County Health Services Department, Early Learning Division (ELD)
maintaining records necessary to fully disclose the services provided to
individuals receiving Medicaid assistance, compliance with the disclosure
requirements of 42 CFR 1002.3(a) and 42 CFR 455 Subpart (B); maintenance of
written notices and procedures respecting advance directives in compliance with
42 USC Section 1396(a)(57) and (w), 42 CFR 431.107(b)(4), and 42 CFR 489
subpart 1; and certification when submitting any claim for the provision of
Medicaid Services that the information submitted is true, accurate and
complete.
e. Contractor shall comply with all federal laws, regulations, and executive orders
applicable to the Contract or to the conduct of activities covered by the
Contract. Without limiting the generality of the foregoing, Contractor expressly
agrees to comply with the following laws, regulations and executive orders: (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) the Age
Discrimination in Employment Act of 1967, as amended, and the Age
Discrimination Act of 1975, as amended, (d) the Vietnam Era Veterans'
Readjustment Assistance Act of 1974, as amended, (e) 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
Contractor to have a Data Universal Numbering System (DUNS) number and to
maintain a current registration in the Central Contractor Registration (CCR)
database, (f) all applicable rules, regulations and orders of the Secretary of
Labor concerning equal opportunity in employment and discrimination against
minority-owned, women-owned or emerging small bUSinesses, and (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, (j) the Americans with Disabilities Act of 1990 (codified at 42 USC 12131
et. seq.), as amended, in the construction, remodeling, maintenance and
operation of any structures and facilities, and in the conduct of all programs,
services and training associated with Contractor's programs and activities.
These laws, regulations and executive orders are incorporated by reference
herein to the extent that they are applicable to the Contract and required by law
to be so incorporated. No federal funds may be used to conduct activities in
violation of 42 USC 14402.
f. When utilizing federal Title IV-B2 Family Preservation and Support Services
funds, the additional federal requirements applicable to Title IV-B2 Family
Preservation and Support Services funds in 42 USC 629 et seq., including but
not limited to: maintaining and providing to County such documentation as the
County 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.
g. When utilizing federal Child Care and Development block grant funds, the
additional federal and state requirements applicable to Child Care and
Development block grant funds in 42 USC 9858 et seq., and 45 CFR Part 98,
including but not limited to: maintaining and providing to County such
documentation as the County shall require to comply with federal reporting
requirements; and the limitations on the use of such funds in 42 USC 9858d and
45 CFR 98.54 and OAR 423-010-0024(2).
Page 7 of 33 -Early Learning Division -Contract No. 2013-662
Contract for Subgrant Under
The Deschutes County Health Services Department, Early Learning Division (ELD)
h. With respect to federal funds under this Contract, Contractor agrees to comply
with the provisions of the OMB Circular A-87, Revised "Cost Principles for State,
Local and Indian Tribal Governments./I Federal funds received by Contractor
under this Contract from the sources identified in paragraphs c, d, f and g of this
Section 10 are subject to the audit requirements under the Single Audit Act
Amendments of 1996 and OMB Circular A-133, Revised, "Audits of Institutions
of Higher Education, and Other Non-Profit Organizations./I
i. 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.
j. The following environmental laws: (1) all applicable standards, orders or
requirements issued under the Clean Air Act (codified at 42 USC 7401 et. seq.)
and the Federal Water Pollution Control Act, as amended (codified at 33 USC
1251 et. seq.), (2) Executive Order No. 11,738 of the President of the United
States and (3) Environmental Protection Agency regulations set forth in 40 CFR
Part 15. Contractor shall promptly report all violations of the federal laws to
County. Contractor shall include and require the inclusion in all contracts with
reCipients receiving more than $100,000 in federal funds, language requiring
the reCipient to comply with the federal laws and to report all violations thereof
to County. OMB Circular A-102, Revised.
k. Contractor shall not permit any person or entity to receive Grant funds 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 Non-.
procurement 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 other
than Executive Order No. 12549. Subcontractors 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.
I. Contractor certifies to County that, to the best of its knowledge and belief:
(1) No federal appropriated funds have been paid or will be paid, by or on
behalf of Contractor, 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 contract, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or
cooperative contract.
(2) If any funds other than federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer
or employee of any agency, or a Member of Congress in connection with
this federal contract, grant, loan, or cooperative contract, Contractor shall
Page 8 of 33 -Early Learning Division -Contract No. 2013-662
Contract for Subgrant Under
The Deschutes County Health Services Department, Early Learning Division (ELD)
complete and submit Standard From-LLL, entitled "Disclosure Form to
Report Lobbying," in accordance with its instructions.
(3) This certification is a material representation of fact upon which reliance
was placed when this transaction was made or entered into. Submission of
this certification is a prerequisite for making or entering into this Contract
imposed by 31 USC § 1352. 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.
Contractor shall require this certification from all recipients of Grant funds
by including it in and requiring that it be included in all contracts pursuant
to which Grant funds are paid.
m. The Americans with Disabilities Act of 1990, as amended (codified at 42 USC
12131 et. seq.), ORS 659A.I00 to 659AA09, and all regulations and
administrative rules established pursuant to those laws, and in the conduct of all
programs, services and training associated with the delivery of services funded
with the Grant.
n. Contractor shall comply with Executive Order 11246, entitled "Equal
Employment Opportunity," as amended by Executive Order 11375, and as
supplemented in Department of Labor regulations (41 CFR .Part 60). OMB
Circular A -102, Revised.
o. Contractor shall comply with the Pro-Children Act of 1995 (codified at 20 USC §
6081 et. seq.).
p. Contractor shall comply with the federal Health Insurance Portability and
Accountability Act of 1996 ("HIPAA") and the federal regulations implementing
HIPAA data and transactions and security and privacy requirements for
protected health information and conduct activities in compliance with HIPAA.
Individually Identifiable Health Information about specific individuals is
confidential. Individually Identifiable Health Information related to specific
individuals may be exchanged between County and DHS for purposes directly
related to the provision of services to Clients which are funded in whole or in
part under this Agreement. However, Contractor shall not use or disclose any
Individually Identifiable Health Information about specific individuals in a
manner that would violate DHS Privacy Rules, OAR 410-014-0000 et. seq. or
DHS Notice of Privacy Practices, if done by DHS. A copy of the most recent DHS
Notice of Privacy Practices is posed on the DHS web site at
http://www.dhs.state.or.us/policy/admin/infosecuritylist.htm or may be
obtained from DHS.
q. By signature of this Contract, Contractor agrees to the terms and conditions of
that certain grant contract by and between the County and the State of Oregon
for this project, referred to in Exhibit A, a copy of which is on file with the
County, as if each and every term and condition were set out herein in full.
r. That the funds made available to the Contractor under this Contract shall not be
used to supplant other funds, but will be used to increase the amounts of such
funds that would, in the absence of funds under this Contract, be made
available for the Project.
Page 9 of 33 -Early Learning Division -Contract No. 2013-662
Contract for Subgrant Under
The Deschutes County Health Services Department, Early Learning Division (ELD)
s. That matching funds (other private grants, in-kind services and volunteer hours)
required to pay the portion of the cost of the Project shall be in addition to funds
that would otherwise be available for the Program by Contractor and shall be
provided as required in this Contract.
t. Contractor agrees to comply with the financial and administrative rules
applicable to the project.
u. Contractor certifies that it will provide a drug-free workplace by publishing a
statement notifying its employees that the unlawful manufacture, distribution,
dispensation, possession or use of a controlled substance, except as may be
present in lawfully prescribed or over-the-counter medications, is prohibited in
Contractor's workplace or while providing services to DHS clients. Contractor's
notice shall specify the actions that will be taken by Contractor against its
employees for violation of such prohibitions. Contractor shall establish a drug
free awareness program to inform its employees about: the dangers of drug
abuse in the workplace, Contractor's policy of maintaining a drug-free
workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees
for drug abuse violations; provide each employee to be engaged in the
performance of Work under this Contract a copy of this paragraph, that as a
condition of employment to perform Work under this Contract, the employee will
abide by the terms of this paragraph and notify the employer of any criminal
drug statute conviction for a violation occurring in the workplace no later than
five (5) days after such conviction; notify DHS within ten (10) days after
receiving notice under the previous subparagraph from an employee or
otherwise receiving actual notice of such conviction; impose a sanction on, or
require the satisfactory participation in a drug abuse aSSistance or rehabilitation
program by any employee who is so convicted as required by Section 5154 of
the Drug-Free Workplace Act of 1988; and make a good-faith effort to continue
a drug-free workplace through implementation of this paragraph. Neither
Contractor, nor any of Contractor's employees, officers, agents or
subcontractors may perform any work required under this Contract while under
the influence of drugs. For purposes of this paragraph, "under the influence"
means: observed abnormal behavior or impairments in mental or physical
performance leading a reasonable person to believe the Contractor or
Contractor's employee, officer, agent or subcontractor has used a controlled
substance, prescription or non-prescription mediation that impairs the
Contractor or Contractor's employee, officer, agent or subcontractor's
performance of essential job function or creates a direct threat to the DHS
clients or other. Violation of any provision of this paragraph may result in
termination of the Contract.
v. Contractor shall agree to, sign, date and comply with the Certifications
regarding Lobbying; Debarment, Suspension and Other Responsibility Matters;
and Drug-Free Workplace ReqUirements, marked Exhibit \\D" attached hereto
and by this reference incorporated herein.
w. Contractor shall comply with federal rules and statutes pertaining to the
Substance Abuse, Prevention, and Treatment Block Grant, including the
reporting provisions of the PubliC Health Services Act (42 USC 300x through
300x-21)
Page 10 of 33 -Early Learning Division -Contract No. 2013-662
Contract for Subgrant Under
The Deschutes County Health Services Department, Early Learning Division (ELD)
x. If and when federal or state grants have special conditions specific to the grant,
the grant organization will be identified on Exhibit E, attached hereto and
incorporated herein by this reference.
11. Under Expenditure of Funds. Funds determined by County to be under expended
or unexpended, or unencumbered for authorized expenditures, shall be withheld by
County from payment, refunded to the State, or reallocated by County as may be
authorized or required.
a. Unauthorized Expenditures: Any funds expended for unauthorized purposes
shall be deducted from funds otherwise payable to Contractor, or otherwise
subject to recovery by County and refunded to the State, or reallocated by
County as may be authorized or required.
12. Equipment. All equipment with a value of greater than $5,000 and purchased with
EL Division or County funds shall be marked as such, and will revert to County as its
property when the program that purchased the equipment no longer exists or the
equipment is no longer used for the purpose for which it was purchased.
13. Indemnity.
a. To the fullest extent permitted by law Contractor shall indemnify, save harmless
and defend the State of Oregon, the EL Division, its officers, agents and
employees, and the County, its officers, agents and employees from and against
any and all claims, lawsuits, or actions for damages, costs, losses and expenses,
arising from Contractor torts, as the term tort is defined in ORS 30.260(8).
b. To the extent permitted by Article XI, Section 10, of the Oregon Constitution and
the Oregon Tort Claims Act, ORS 30.260 through 30.300, to the extent the Act
is applicable, County shall defend, save, hold harmless, and indemnify
Contractor and its officers, employees and agents from and against all claims,
suits, actions, losses, damages, liabilities, costs and expenses of any nature
resulting from or arising out of, or relating to the activities of County or its
officers, employees, contractors, or agents under this Contract, except for
liability arising solely out of the wrongful acts of employees or agents of the
Contractor.
14. Contract Amendments. The parties may from time to time request amendments to
this Contract. All such amendments, which are mutually agreed upon by and
between the parties, shall be reduced to writing and by reference incorporated
herein.
15. Early Termination. This Contract may be terminated as follows:
a. Mutual Consent. County and Contractor, by mutual written agreement, may
terminate this Contract at any time.
b. Party's Convenience. County or Contractor may terminate this Contract for
any reason upon 30 calendar days written notice to the other party.
c. For Cause. County may also terminate this Contract effective upon delivery of
written notice to the Contractor, or at such later date as may be established by
the County, under any of the following conditions:
Page 11 of 33 -Early Learning Division -Contract No. 2013-662
Contract for Subgrant Under
The Deschutes County Health Services Department, Early Learning Division (ELD)
(1) If funding from state or other sources is not obtained and continued at
levels sufficient to allow for the purchase of the indicated quantity of
services as required in this Contract. This Contract may be modified to
accommodate the change in available funds.
(2) If state laws, regulations or guidelines are modified, changed or
interpreted in such a way that the services are no longer allowable or
appropriate for purchase under this Contract or are no longer eligible for
the funding proposed for payments authorized by this Contract.
(3) In the event sufficient funds are not appropriated for the payment of
consideration required to be paid under this Contract, and if County has
no funds legally available for consideration from other sources.
(4) If any license or certificate req uired by law or regulation to be held by the
Contractor to provide the services required by this Contract is for any
reason denied, revoked, suspended, not renewed or changed in such a
way that the Contractor no longer meets requirements for such license or
certificate.
(5) If County disbursements of financial assistance under this Contract for a
particular Activity or Service is reduced for any reason, County is not
required to utilize other County funds to replace the funds no longer
disbursed under this Contract 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 or Services within a particular Funding Area
commensurate with the size of the disbursement reduction for that
Funding Area.
(6) Notwithstanding the foregOing, County shall make payments to reimburse
Contractor for services provided prior to the effective date of termination
or funding reduction where such services are authorized pursuant to this
Contract and are not disputed by County.
d. Contractor Default or Breach. The County, by written notice to the
Contractor, may immediately terminate the whole or any part of this Contract
under any of the following conditions:
(1) Contractor fails to perform, observe or discharge any of its covenants,
agreements or obligations set forth herein, including but not limited to,
Contractor's failure to comply with the Plan;
(2) Any representation, warranty or statement made by Contractor herein or
in any documents or reports relied upon by County to measure
Contractor's performance hereunder, including without limitation, the
conduct of Activities and or delivery of Services, the expenditure of
financial assistance or the performance by Contractor, is untrue in any
material respect when made;
(3) Contractor (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
Page 12 of 33 -Early Learning Division -Contract No. 2013-662
Contract for Subgrant Under
The Deschutes County Health Services Department, Early Learning Division (ELD)
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
(4) A proceeding or case is commenced, without the application or consent of
Contractor, in any court of competent jurisdiction, seeking (i) the
liquidation, dissolution or winding-up, or the composition or readjustment
of debts, of Contractor, (ii) the appointment of a trustee, receiver,
custodian, liquidator, or the like of Contractor or of all or any substantial
part of its assets, or (iii) similar relief in respect to Contractor 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
Contractor is entered in an involuntary case under the Federal Bankruptcy
Code (as now or hereafter in effect).
e. County Default or Breach. Contractor may terminate this Contract in the
event of a breach of this Contract by the County. Prior to such termination, the
Contractor shall give to the County written notice of the breach and intent to
terminate. If the County has not entirely cured the breach within 10 calendar
days of the date of the notice, then the Contractor may terminate this Contract
at any time thereafter by giving notice of termination.
16. Payment on Early Termination. Upon termination pursuant to paragraph 15,
payment shall be made as follows:
a. If terminated under subparagraphs 15 a through 15 c of this Contract, the
County shall pay Contractor for work performed prior to the termination date if
such work was performed in accordance with the Contract. County shall not,
however, pay Contractor for any obligations or liabilities incurred by Contractor
after Contractor receives written notice of termination.
b. If this Contract is terminated under subparagraph 15 d of this Contract, County
obligations shall be limited to payment for services provided in accordance with
this Contract prior to the date of termination, less any damages suffered by the
County.
c. If terminated under subparagraph 15 e of this Contract by the Contractor due to
a breach by the County, then the County shall pay the Contractor for work
performed prior to the termination date if such work was performed in
accordance with the Contract.
17. Remedies. In the event of breach of this Contract the parties shall have the
following remedies:
a. Termination under subparagraphs 15 a through 15 c of this Contract shall be
without prejudice to any obligations or liabilities of either party already
reasonably incurred prior to such termination. Contractor may not incur
Page 13 of 33 -Early Learning Division -Contract No. 2013-662
Contract for Subgrant Under
The Deschutes County Health Services Department, Early Learning Division (ELD)
obligations or liabilities after Contractor receives written notice of termination.
Additionally, neither party shall be liable for any indirect, incidental,
consequential or special damages under this Contract or for any damages of any
sort arising solely from the termination of this Contract in accordance with its
terms.
b. If terminated under subparagraph 15 d. of this Contract by the County due to a
breach by the Contractor, County may pursue any remedies available at law or in
eqUity. Such remedies may include, but are not limited to, termination of this
Contract, return of all or a portion of this Contract amount, payment of interest
earned on this Contract amount, and declaration of ineligibility for the receipt of
future contract awards. Additionally, County may complete the work either itself,
by contract with another Contractor, or by a combination thereof. If the cost of
completing the work exceeds the remaining unpaid balance of the total
compensation provided under this Contract, then the Contractor shall pay to the
County the amount of the reasonable excess.
c. In addition to the remedies in paragraphs 15 through 18 of this Contract for a
breach by the Contractor, the County also shall be entitled to any other equitable
and legal remedies that are provided by law.
d. If amounts previously paid to Contractor exceed the amount due to Contractor
under this Contract, Contractor shall repay any excess to County upon demand.
e. If the County breaches this Contract, Contractor's remedy shall be limited to
termination of this Contract and receipt of Contract payments to which Contractor
is entitled to the date of County's breach.
f. Neither County nor Contractor shall be held responsible for delay or default
caused by fire, civil unrest, labor unrest, riot, acts of God, or war where such
cause was beyond .reasonable control of County or Contractor, respectively.
Contractor shall, however, make all reasonable efforts to remove or eliminate
such a cause of delay or default and shall, upon the cessation of the cause,
diligently pursue performance of its obligations under this Contract. For any delay
in performance as a result of the events described in this subparagraph,
Contractor shall be entitled to additional reasonable time for performance that
shall be set forth in an amendment to this Contract.
g. The passage of this Contract expiration date shall not extinguish or prejudice the
County's or Contractor's right to enforce this Contract with respect to any default
or defect in performance that has not been cured. Specifically, but without
limiting the generality of the preceding sentence, termination of this Contract
shall not affect County's right to recover from Contractor, in accordance with the
terms of this Contract, any financial assistance disbursed to Contractor that is
identified as an Underexpenditure or Misexpenditure, as those terms are defined
in the State.
18. Contractor's Tender upon Termination. Upon receiving a notice of termination of
this Contract, Contractor shall immediately cease all activities under this Contract
unless County expressly directs otherwise in such notice of termination. Upon
termination of this Contract, Contractor shall deliver to County all documents,
information, works-in-progress and other property that are or would be deliverable
had this Contract been completed. Upon County's request, Contractor shall surrender
to anyone County deSignates, all documents, research, objects or other tangible
things needed to complete the work.
Page 14 of 33 -Early Leaming Division -Contract No. 2013-662
Contract for Subgrant Under
The Deschutes County Health Services Department, Early Learning Division (ELD)
19. No Third Party Beneficiaries. County and Contractor are the only parties to this
Contract and are the only parties entitled to enforce its terms. Nothing in this
Contract gives or provides any benefit or right, whether directly, indirectly, or
otherwise, to third persons unless such third persons are individually identified by
name in this Contract and expressly described as intended beneficiaries of this
Contract.
20. Successors in Interest. The provisions of this Contract shall be binding upon and
inure to the benefit of the parties and their successors and approved assigns, if any.
21. Work Standard. Contractor shall be solely responsible for and shall have control
over the means, methods, techniques, sequences and procedures of performing the
work, subject to the requirements of this Contract and any amendments thereto and
shall be solely responsible for the errors and omissions of its employees,
subcontractors and agents. For goods and services to be provided under this
Contract, Contractor agrees to:
a. perform the work in a good, workmanlike, and timely manner using the schedule,
materials, plans and specifications approved by County;
b. comply with all applicable legal requirements;
c. comply with all programs, directives, and instructions of County relating to
safety, storage of eqUipment or materials;
d. take all precautions necessary to protect the safety of all persons at or near
County or Contractor's facilities, including employees of Contractor, County and
any other contractors or subcontractors and to protect the work and all other
property against damage.
22. Drugs and Alcohol. Contractor shall enforce a zero tolerance as to dealing,
possession, or use of drugs or alcohol by Contractor or its employees, subcontractors
and agents while performing work under this Contract, and upon request by County
demonstrate that a zero-tolerance drug testing policy is in place.
23. Expense Reimbursement. If the consideration under this Contract provides for the
reimbursement of Contractor for expenses, County shall only reimburse Contractor
for expenses reasonably and necessarily incurred in the performance of this
Contract. Expenses reimbursed shall be at the actual cost incurred, including any
taxes paid, and shall not include any mark-up unless the mark-up on expenses is
specifically agreed to in this Contract. The cost of any subcontracted work approved
in this Contract shall not be marked up. Contractor shall not bill County for any time
expended to complete the documents necessary for reimbursement of expenses or
for payment under this Contract.
24. Criminal Background Investigations.
a. Contractor understands that Contractor is subject to periodic criminal background
investigations by County and, if such investigations disclose criminal activity not
disclosed by Contractor, such non-disclosure shall constitute a material breach
of this Contract and County may terminate this Contract effective upon delivery
of written notice to the Contractor, or at such later date as may be established by
the County.
Page 15 of 33 -Early Learning Division -Contract No. 2013-662
Contract for Subgrant Under
The Deschutes County Health Services Department, Early Learning Division (ELD)
b. Contractor shall take reasonable precautions to assure that Contractor's and its
subcontractors' employees and agents do not present a substantial risk of harm
to children who receive services from contractor or its subcontractors. Such
precautions should, if practical, include inquiries through the Sheriff's office or
the Oregon State Police about criminal convictions for child abuse, any sexual
offense, child neglect or any other offense against persons which is indicative of
harm to children. No one who has demonstrated behavior that may have a
detrimental effect on a child shall have access to children.
25. Reports. Contractor shall provide County with periodic reports at the frequency and
with the information prescribed by County. Further, at anytime, County has the right
to demand adequate assurances that the services provided by Contractor shall be in
accordance with the Contract. Such assurances provided by Contractor shall be
supported by documentation from third parties.
26. Access to Records -Audit. Contractor shall maintain fiscal records and all other
records pertinent to this Contract.
a. All fiscal records shall be maintained pursuant to generally accepted accounting
standards, and other records shall be maintained to the extent necessary to
clearly reflect actions taken. All records shall be retained and kept accessible for
at least three years following the final payment made under this Contract or all
pending matters are closed, which ever is later. If an audit, litigation or other
action involving this Contract is started before the end of the three year period,
the records shall be retained until all issues arising out of the action are resolved
or until the end of the three year period, whichever is later. Contractor shall
furnish County with its annual audits or reviews that relate in any manner to the
funds received under this Contract.
b. County, State of Oregon and the Federal Government and their authorized
representatives shall have the right to direct access to all of Contractor's books,
documents, papers and records related to this Contract for the purpose of
conducting audits and examinations and making copies, excerpts and transcripts.
These records also include licensed software and any records in electronic form,
computer hard drives, tape backups and other such storage devices. County shall
reimburse Contractor for Contractor's cost of preparing copies. At Contractor's
expense, the County, the Secretary of State's Office of the State of Oregon, the
Federal Government, and their duly authorized representatives, shall have license
to enter upon Contractor's premises to access and inspect the books, documents,
papers, computer software, electroniC files and any other records of Contractor
which are directly pertinent to this Contract for the purpose of making audits,
examinations, excerpts, copies and transcriptions.
c. Contractor shall document the expenditure of all funds received under this
Contract. Contractor shall maintain all expenditure records in accordance with
generally accepted accounting principles and in suffiCient detail to permit County,
State of Oregon and the Federal Government to verify how the financial
assistance paid under this Contract was expended.
27. Ownership of Work. All work of Contractor that results from this Contract (the
"Work Product") is the exclusive property of County. County and Contractor intend
that such Work Product be deemed "work made for hire" of which County shall be
deemed author. If, for any reason, the Work Product is not deemed "work made for
hire," Contractor hereby irrevocably assigns to County all of its right, title, and
Page 16 of 33 -Early Learning Division -Contract No. 2013-662
Contract for Subgrant Under
The Deschutes County Health Services Department, Early Learning Division (ELD)
interest in and to any and all of the Work Product, whether arising from copyright,
patent, trademark, trade secret, or any other state or federal intellectual property
law or doctrine. Contractor shall execute such further documents and instruments as
County may reasonably request in order to fully vest such rights in County.
Contractor forever waives any and all rights relating to Work Product, including
without limitation, any and all rights arising under 17 USC § 106A or any other rights
of identification of authorship or rights of approval, restriction or limitation on use or
subsequent modifications. County shall have no rights in any pre-existing work
product of Contractor provided to County by Contractor in the performance of this
Contract except to copy, use and re-use any such work product for County use only.
If this Contract is terminated prior to completion, and the County is not in default,
County, in addition to any other rights provided by this Contract, may require the
Contractor to transfer and deliver all partially completed work products, reports or
documentation that the Contractor has specifically developed or specifically acquired
for the performance of this Contract.
28. Materials. At all times, Contractor shall make reasonable efforts to use recycled
materials in the performance work required under this Contract.
29. Constraints. Pursuant to the requirements of ORS 279B.220 though 279B.235, as
applicable, and Article XI, Section 10, of the Oregon Constitution, the following terms
and conditions are made a part of this Contract:
a. Contractor shall:
(1) Make payments promptly, as due, to all pe~sons supplying to Contractor
labor or material for the performance of the work provided for in this
Contract; - .
(2) Pay all contributions or amounts due the Industrial Accident Fund from
such Contractor or subcontractor incurred in the performance of this
Contract;
(3) Not permit any lien or claim to be filed or prosecuted against County on
account of any labor or material furnished; and
(4) Pay to the Department of Revenue all sums withheld from employees
pursuant to ORS 316.167.
b. If Contractor fails, neglects or refuses to make prompt payment of any claim for
labor or services furnished to Contractor or a subcontractor by any person in
connection with this Contract as such claim becomes due, the appropriate County
representative may pay such claim to the person furnishing the labor or services
and charge the amount of the payment against funds due or to become due
Contractor by reason of this Contract.
c. No person shall be employed for more than ten (10) hours in anyone day, or
forty (40) hours in anyone week, except in cases of necessity, emergency, or
where the public policy absolutely requires it, and in such cases, the person so
employed for the excessive hours shall receive at least time and one-half pay as
follows:
(1) For all overtime in excess of eight hours in anyone day or 40 hours in any
one week, when the work week is five consecutive days, Monday through
Friday; or
Page 17 of 33 -Early Learning Division -Contract No. 2013-662
Contract for Subgrant Under
The Deschutes County Health Services Department, Early Learning Division (ELD)
(2) For all overtime in excess of 10 hours in anyone day or 40 hours in any
one week when the work week is four consecutive days, Monday through
Friday, and
(3) For all work performed on Saturday and the following legal holidays:
• New Year's Day on January 1.
• Memorial Day on the last Monday in May.
• Independence Day on July 4.
• Labor Day on the first Monday in September
• Thanksgiving Day on the fourth Thursday in November.
• Christmas Day on December 25
• Each Sunday.
(4) An employer must give notice in writing to employees who perform work
under this Contract in writing, either at the time of hire or before
commencement of work on the Contract, or by posting a notice in a
location frequented by employees, of the number of hours per day and
days per week that employees may be required to work. Persons
employed under this contract shall receive at least time and a half pay for
work performed on the legal holidays specified in any applicable collective
bargaining agreement or in ORS 279B.020(1)(b)(B) to (G) and for all time
worked in excess of 10 hours in anyone day or in excess of 40 hours in
anyone week.
d. In the case of contracts for personal services as described in ORS 279A.055, the
employee shall be paid at least time and a half for all overtime worked in excess
of 40 hours in anyone week, except for individuals under personal services
contracts who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C
201 to 209 from receiving overtime.
e. Contractor shall promptly, as due, make payment to any person, co-partnership,
association or corporation furnishing medical, surgical or hospital care or other
needed care and attention, incident to sickness or injury to the employees of
Contractor, of all sums which Contractor agrees to pay for such services, and all
monies and sums which Contractor collected or deducted from the wages of
Contractor's employees pursuant to any law, contract or agreement for the
purpose of providing or paying for such services.
f. This Contract is expressly subject to the debt limitation of Oregon counties set
forth in Article XI, Section 10, of the Oregon Constitution, and is contingent upon
funds being appropriated therefore. Payment under this Contract is also subject
to the County's receipt of funds from the State of Oregon, appropriated for
services provided under the direction of the EL Division. Any provisions herein,
which would conflict with law, are deemed inoperative to that extent.
30. Contractor Not an Agent of County. It is agreed by and between the parties that
Contractor is not carrying out a function on behalf of County, and County does not
have the right of direction or control of the manner in which Contractor delivers
services under this Contract or exercise any control over the activities of Contractor.
Page 18 of 33 -Early Learning Division -Contract No. 2013-662
Contract for Subgrant Under
The Deschutes County Health Services Department, Early Learning Division (ELD)
31. Partnership. County is not, by virtue of this Contract, a partner or jOint venturer
with Contractor in connection with activities carried on under this Contract, and shall
have no obligation with respect to Contractor's debts or any other liabilities of each
and every nature.
32. Insurance. In conjunction with all services performed under this Contract:
a. Contractor shall maintain Commercial General Liability insurance with minimum
limits of liability which are not less than the tort claim limits set forth in ORS
30.272 and 30.273, as may be adjusted from time to time and shall furnish an
endorsement which names Deschutes County, the Deschutes County Health
Department, EL Division, and their officers, agents, employees and volunteers as
an additional insured.
b. Contractor shall maintain automobile liability insurance, if applicable, of not less
than the limits set forth below. Insurance shall provide coverage for any motor
vehicle driven during the course of providing services under this Contract.
(1) $500,000, combined single limit, or
(2) Split limits of $250,000 per person, $500,000 per occurrence, $100,000
property damage.
c. All insurance policies shall be written on an occurrence basis and be in effect for
the term of this Contract. Authorization from Deschutes County is required for
any policy written on a Claims Made basis.
d. Proof of Workers Compensation from the Contractor is required prior to the
commencement of the Contract.
e. Prior to executing this Contract, the Contractor shall provide County the
Certificates of Insurance, and upon County's request, certified copies of
Insurance policies and declarations.
f. Contractor shall immediately notify County if any insurance coverage required by
this Contract will be canceled, not renewed, or modified in any way.
g. Thirty-day cancellation notice is required on all pOliCies.
33. Non-Appropriation. In the event sufficient funds shall not be appropriated for the
payment of consideration required to be paid under the Contract, and if County has
no funds legally available for such consideration from other sources, then County
may terminate the Contract in accordance with Section 15c of this Contract.
34. Attorney Fees. In the event an action, suit or proceeding, including appeal there
from, is brought for breach of any of the terms of this Contract, or for any
controversy arising out of this Contract, each party shall be responsible for its own
attorney's fees, expenses, costs and disbursements for said action, suit, proceeding
or appeal.
35. Waiver. County's delay in exerclsmg, or failure to exercise any right, power, or
privilege under this Contract shall not operate as a waiver thereof, nor shall any
single or partial exercise or any right, power, or privilege under this Contract
preclude any other or further exercise thereof or the exercise of any other such right,
Page 19 of 33 -Early Learning Division -Contract No. 2013-662
Contract for Subgrant Under
The Deschutes County Health Services Department, Early Learning Division (ELD)
power, or privilege. The remedies provided herein are cumulative and not exclusive
of any remedies provided by law.
36. Governing Law. This Contract shall be governed 'by and construed in accordance
with the laws of the State of Oregon without regard to principles of conflicts of law.
Any claim, action, suit or proceeding (collectively, "Claim") between County and
Contractor that arises from or relates to this Contract shall be brought and
conducted solely and exclusively within the Circuit Court of Deschutes County for the
State of Oregon; provided, however, if a Claim shall be brought in federal forum,
then it shall be brought and conducted solely and exclusively within the United
States District Court for the District of Oregon. CONTRACTOR, BY EXECUTION OF
THIS CONTRACT, HEREBY CONSENTS TO THE IN PERSONAM JURISDICTION OF SAID
COURTS. The parties agree that the UN Convention on International Sales of Goods
shall not apply.
37. The provisions of the Deschutes County Code, specifically 2.37.150 are
hereby incorporated. Such provisions are available on the internet at the
following address: http://www.deschutes.org/county-code.aspx.
38. Severability. If any term or provision of this Contract 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 Contract did not contain the
particular term or provision held invalid.
39. Merger Clause. This Contract and the attached exhibits constitute the entire
Contract between the parties. All understandings and agreements between the
parties and representations by either party concerning this Contract are contained in
this Contract. No waiver, consent, modification or change in the terms of this
Contract shall bind either party unless in writing signed by both parties. Any written
waiver, consent, modification or change shall be effective only in the specific
instance and for the specific purpose given.
40. Counterparts. This Contract may be executed in several counterparts, all of which
when taken together shall constitute one contract binding on all parties,
notwithstanding that all parties are not signatories to the same counterpart. Each
copy of this Contract so executed shall constitute an original.
41. Amendments. This Contract may not be waived, altered, modified, supplemented,
or amended in any manner except by written instrument Signed by both parties.
42. Notice. Except as otherwise expressly provided in this Contract, any
communications between the parties hereto or notices to be given hereunder shall be
given in writing, to Contractor or County at the address or number set forth below or
to such other addresses or numbers as either party may hereafter indicate in writing.
Delivery may be by personal delivery, faCSimile, or mailing the same, postage
prepaid.
a. Any communication or notice by personal delivery shall be deemed delivered
when actually given to the deSignated person or representative.
Page 20 of 33 -Early Learning Division -Contract No, 2013-662
Contract for Subgrant Under
The Deschutes County Health Services Department, Early Learning Division (ELD)
b. Any communication or notice sent by facsimile shall be deemed delivered when
the transmitting machine generates receipt of the transmission. To be effective
against County, such facsimile transmission shall be confirmed by telephone
notice to County's Director of Administrative Services.
c. Any communication or notice mailed shall be deemed delivered five (5) days after
mailing. Any notice under this Contract shall be mailed by first class postage or
delivered as follows:
To Contractor: To County:
Kathy Thompson, Healthy Families Coordinator Scott Johnson, Director
High Desert Education Service District Of Deschutes County Health Services
145 SE Salmon, Suite A 2577 NE Courtney Drive
Redmond, OR 97756 Bend, OR 97701
43. Survival. All rights and obligations shall cease upon termination or expiration of this
Contract, except for the rights and obligations set forth in Sections 16 and 17.
Dated this ___ of _____, 2013 BOARD OF COUNTY COMMISSIONERS
ALAN UNGER, CHAIR
TAMMY BANEY, VICE CHAIR
ATTEST:
Recording Secretary ANTHONY DEBONE, COMMISSIONER
HIGH DESERT EDUCATION SERVICE DISTRICT
DATED this (t f'.day of
I
~~"'v, 2013
By:
Page 21 of 33 -Early Learning Division -Contract No. 2013-662
Contract for Subgrant Under
The Deschutes County Health Services Department, Early Learning Division (ELD)
EXHIBIT A -Part One
1. Contractor shall meet all performance outcomes as outlined in the attached Work Plan (see
Exhibit A attachment).
II. Contractor shall adhere to the following performance standards:
1. Target Population: ELD funds are allocated for the purpose of serving children ages 0
6 and their families. This standard does not apply to Central Oregon Council on Aging,
Redmond Senior Center, Latino Community Association, Bethlehem Inn, Central Oregon
Veteran's Association, Cascade Youth and Family Center, and KIDS Center.
2. Evidence-based, Best Practices and Outcome Oriented: The majority of ELD
resources will be expended on prevention of child abuse and neglect, family violence
and juvenile crime prevention. Work plans must result in positive change in outcomes
over time. Projects/programs that meet the standards for "best practices" as provided
in OAR 423-001-006 (3) will be prioritized for funding. Best Practices are defined as
"research-based or evidence-based" programs, practices and principles that have been
shown to reliably produce measurable and sustainable improvements in productivity,
efficiency, and/or effectiveness. Applicants are free to use best practices recognized by
other reputable sources. Reputable sources include journals or web sites of professional
organizations, universities, and state or federal government agencies. This standard
does not apply to Central Oregon Council on Aging, Redmond Senior Center, Latino
Community ASSOCiation, Bethlehem Inn, Central Oregon Veteran's ASSOCiation, Cascade
Youth and Family Center, and KIDS Center.
3. Sustainability: Sustainability is critical to the health and viability of local programs
helping children and families. All children's programs will be strengthened by taking
strategiC actions that increase visibility and community awareness, diversify and
increase revenue, increase efficiency and contain costs. ELD will continue to take
deliberate actions that promote sustainability. These actions include but are not limited
to:
a. Sustainability -Grantees/contractors will be encouraged to strengthen sustainability
through (1) public awareness activities, (2) collaboration, (3) cost saving measures,
and/or (4) actions to generate added revenue and / or program volunteers.
b. Grant Match -The Grantees/contractors must demonstrate that, by the end of the
contract period, at least 25% or $20,000, (whichever is less) of project funds will be
in the form of cash. The cash match must come from sources other than the EL
Division. The source of match must be included in the budget document. Cash
match is defined as funds derived by fundraising activities, grants or any source
other than state general fund or Federal Medicaid resources.
4. Organizational Capacity: Grantees/contractors must have organizational
competencies (e.g. an involved governing board and internal controls) and a
demonstrated capacity to deliver a quality of service that incorporates best practice
standards.
5. Community Responsibility, Collaboration, and Leverage: The community must be
involved in any project supported by the EL Division. Funding should help generate
additional resources (e.g. cash, volunteers, and facilities) from the community.
Grantees/contractors must document community involvement as well as their plans to
leverage resources.
Page 22 of 33 -Early Learning Division -Contract No. 2013-662
Contract for Subgrant Under
The Deschutes County Health Services Department, Early Learning Division (ELD)
6. Accessibility of Services: Accommodations must be made to assure that eligible
recipients will be able to benefit from available services, regardless of their school,
residence or place of employment. Transportation and any physical access barriers will
be addressed so that services and activities are truly accessible.
7. Age, Gender, and Cultural Considerations: Contractors are expected to be culturally
competent in the delivery of services and assure that they have the capacity to meet
the needs of the targeted population.
8. Reporting Requirements: Contractors will be required to submit the EL Division's
standardized Work Plan, Demographics, and a Request for Funds Request on a regular
schedule determined at the beginning of the contract period (reporting requirement
time lines may vary from the quarterly time line, if approved by the Director at the
beginning of the contract period). Reports are due to the EL Division by the 15th of the
month following the end of the reporting period in which expenses were incurred
throughout the life of the contract. Contractors are allowed to submit one late report no
more than once during the contract period. Subsequent late reporting may result in
forfeiture of 10% of their allocated funds for that quarter. If a Contractor is more than
30 days late in submitting required reports, the issue will be brought to the Director's
attention for discussion and possible action before any funding is released. A
representative from the Contractor's agency will be required to attend.
If a Contractor misses the required reporting deadline twice in one contract year, the
Contractor must come before the Director and explain why the deadlines were missed.
The Director retains the right to discuss and take appropriate action in such matters
prior to the release of any funds. Any funds withheld from the Contractor due to late
reports will be allocated to EL Division's grant fund balance for future distribution. Any
grant restrictions or limitations will be taken into account in the future allocation of such
dollars.
9. Length of Contract: Contracts will generally be one year in length (generally July 1
June 30) unless otherwise specified.
10. Contractor's Reporting Requirements: Contractor is required to submit the
following:
x Quarterly Work Plan Report
X Quarterly Demographics report
X Quarterly Funds Request
D Program Data submitted to ELD staff semi-annually
X Report Quarterly Data to Northwest Professional Consortium (NPC)
Quarterly reporting due dates:
January 15, 2014
April 15, 2014
July 15, 2014
Page 23 of 33 -Early Learning Division -Contract No. 2013-662
Deschutes County Early Learning Division (ELD)
Program/Project Work Plan/Quarterly Report
Exhibit A Draft 6.20.13
Provider:
Contact(s}:
Project/Activity:
Contract Period :
HDESD
Kathy Thompson
Healthy Families of the High Desert
10/1/2013 to 6130/2014
Focus area:
Family Functioning
Outcome (HLO):
Reduce Child Abuse &Neglect
Activities Outputs Outcomes Qtr 1 Qtr2
:'UD
Total Qtr3
:.uo
Total Qtr4 Total Measurement Tool
intensive Home Visiting
to reduce risk factors for
child maltreatment,
promote school readiness
and promote healthy
development
A minimum of 85 high risk families
with first birth children prenatal to three
years old will receive intensive home
viSiting services by a home visitor
95% of families receiving home visiting
services will show an increase in positive
parent child interactions 1.04.02
Target: 81
Served
#assessed
#successful
%
0
I
0 0 ,
As measured by percentage of IS
children whose parents report
engaging in developmentally
appropriate interactions 3 times
per week or more (singing,
I playing , etc) as reported on the imost recent Parent Survey . I
Reported quarterly to NPC .
IResults analyzed by NPC at
I12.31 and 6.30
i
I
i
0 0 0
0 0
I
0
-
0% 0% 0% 0% 0% 0% 0%
65% of families receiving home visiting
services wili report a decrease in
parenting stress
Target: 43
Served
#assessed
#successful
%
0 0 0
As measured by percent of
parents who improved in their
average level of parenting stress
(measured by Abidin'ts Parenting
Stress Index) reported by parents
from their baseline Parent Survey i
to the 6-month Parent Survey .
Reported quarterly to NPC .
Results analyzed by NPC at
12.31 and 6 .30 I
I
0 0 0
0 0 0
0% 0% _ 0% 0% 0% 0% 0%
85% of families receiving home visiting
services will report that Healthy Start
helped them to develop a positive SOCial
support system 1.02.01
Target: 72
Served
#assessed
#successful
%
0 0
,
0
As measured by the percentage
of parents reporting that Healthy I
Start helped them either a little or
a iot to improve their social ties I
with family and friends, as I
reported on the most recent
Parent Survey . Reported
quarterly to NPC . Results
analyzed by NPC at 12 .31 and
6.30
0
I
0 0
0 0 0
0% 0% 0%
I
0% -0% 0% 0%
95% of families receiving home visiting
services will report that they read to their
child at least 3 times per week Target: 81 Served
#assessed
#successful
------- -----_%
0 0 0
As measured by percentage of IS
children whose parents report
reading to them 3 times per week
or more, as reported on the most
recent Parent Survey . Reported
quarterly to NPC. Results
analyzed by NPC at 12 .31 and
6.30
0
I
0 0
0 0 ~ 0
0% 0% 0% 0% 0% 0% ~O'l'.
I
Page 24 of 33 -Early Leaming Division -Contract No. 2013-662
Activities Outputs
Ora
Outcomes
6 .20.13
Qtr 1 Qtr2
"Uu
Total Qtr3
:;UD
Total Qtr4 Total Measurement Tool I
I
I
100% of children in families receiving
home visiting services will have a Primary
Care Provider Target: 85
Served 0 0 0
As measured by the percentage
of IS children with a primary
Medicare provider, as reported by
FSW on most recent Family
,Update . Reported quarterty to
NPC . Results analyzed by NPC at
12.31 and 6 .30
i
#assessed 0 9 9
#successful 0 8
,
8
.~ 0% 0%
r
0% 0% 89% 0% 89%
90% of families receiving home visiting
services will report that their children are
up-to-date on their immunizations
Target: 77
Served 0 0 0
As measured by percentage of IS
children with up-to -date
immunizations, as reported by
FSW on most recent Family
Update. Reported quarterly to
NPC . Results analyzed by NPC at
12.31 and 6 .30
#assessed 0
I
0 0
#successful 0
I
0 0
% 0% 0% 0% 0% 0% 0% 0%
100% of children in families receiving
home visiting services will receive at least
one on-time developmental screening
Target: 85
Served 0 0 0
As measured by Family Update
form submitted with ASQ data
indicating an age-appropriate
screening has been conducted
I
#asse ssed 0 0 0
#successful 0 0 0
% • 0% 0% 0% 0% 0% 0% 0%
I
Screening for clinical
depression and follow-up
plan
Partner with Regional Matemal Child
Hea~h Initiative to develop a protocol
to screen for clinical depression and
refer for treatment. Implement January
2014 .
Increase in the number of women
receiving home visiting services screened
using Edinburg Postnatal Depression
Scale Ireferred for depressionlanxiety.
Utilize CO Screening & Referral
Algorithm. Screen at 1-4 wks, 4-6 months.
and 12 months
Baseline = NPC 12-13 self-report
Target 85 (100% of all women served)
Screened I 0 0 0
As measured by number of
screens, referrals and follow-up
care conductedlreceived each
quarter and reported by the FSW
on the most recent Family Update
form . Refered 0 0 0
Rec'd Service 0 0 0
Screening for intimate
partner violence (IPV) and
follow-up plan
Partner with Deschutes County Health
Services to develop a protocol to
screen for IPV and refer for follow-up.
Implement January 2014.
----
Increase in the number of women
receiving home visiting services screened
Ireferred for IPV services
Baseline = NPC 12-13 self-report
Target 100% of women served
---
Screened
Referred
Rec'd Se rv ice
0
0
0
0
0
0
I
0
0
0
As measured by number of
screens, referrals and follow -up
care conductedlreceived each
quarter and reported by the FSW
on the most recent Family Update
form .
Page 25 of 33 -Early Learn ing Division -Conlract No . 2013-662
Ora 6 .20.13 :SUD :SUD I
Activities Outputs Outcomes air 1 Q1r 2 Total air 3 Total Otr4 Total Measurement Tool I
Strengthen inter-To be determined . Modifications in ~ INarrative update reported I
organizational practice may include system level Served 0 , 0 0 IQuarterly
relationships, interactions changes in screening/referral or data #assessed 0 0 0 and practice tracking.
#succeSSflll 0 0 0
% 0% 0% 0% 0% 0% 0% 0%
Community Justice A minimum of 20 Parole & Probation 95% of Parole & Probation families As measured by Parent Survey,
Family Support families with children prenatal to three receiving home visiting services will show Served 0 0 0 Parent Intake administered at
Program/Parole & years old will receive intensive bian increase in positive parent child enrollment ; Parent Survey, Parent
Probation Project monthly home visits from a family interactions 1.04.02 Target: 19 #assessed 0 0 0 Update administered periodically
Intensive Home Visiting support worker #successful 0 0 I 0 thereafter, reported Quarterly
to reduce risk factors for
child maltreatment, 'A0% 0% 0% 0% 0% 0% 0%
promote school readiness 50% of Parole & Probation families
0
As measured by Parent Survey,
Served 0 0and promote healthy receiving home visiting services will report I Parent Intake administered at
development maltreatment a decrease in parenting stress Target: #assessed 0 0 0 enrollment; Parent Survey, Parent
10
\
Update administered periodically
tlsuccessful 0 0 0 thereafter, reported Quarterly
% 0% 0% 0% 0% 0% 0% 0%
85% of Parole & Probation families As measured by Parent Survey ,
receiving home visiting services will report Served 0 0 0 Parent Intake administered at
that Healthy Start helped them to develop I enrollment; Parent Survey, Parent tlassesSed 0 0 0 a positive social support system 1.02.01 Update administered periodically
Target: 17 #successful 0 0 0 thereafter, reported quarterly
% 0% 0% 0% 0% 0% 0% 0%
95% of Parole & Probation families As measured by Parent Survey,
receiving home visiting services will report Served 0 0 0 Parent Intake administered at
that they read to their child at least 3 times #assessed 0 0 0 enrollment; Parent Survey, Parent
per week . Target: 19
#successful 0 o· Update administered periodically
thereafter, reported quarterly
% 0% 0% 0% 0% 0% 0% 0%
90% of Parole & Probation families
Served 0 0 0 As measured by Parent Survey,
receiving home visiting services will report I Parent Intake administered at
that their children are up-to-date on their #assessed 0 0 0 enrollment; Parent Survey, Parent
immunizations Target: 18 I Update administered periodically
#successful 0 0 0 thereafter, reported quarterly
% 0% 0% 0% 0% 0% 0% 0%
Page 26 of 33 -Early learning Division -Contrael No . 2013-662
Activities Outputs
Drat
Outcomes
6.20.13
QIr 1 Otr2
"Uu
Total Qtr.3
"Uu
Total Qtr 4 Total Measurement Tool
100% of children in families receiving
home visiting services will have a Primary
Care Provider Target: 85
Served 0
..
0 0 As measured by percentage of IS
children with a primary medical
care provider, as reported by
FSWon most recent Family
Update
#assessed 0 0 0
#successful I 0 0 0
% 0% 0% 0% 0% 0% 0% 0%
100% of children in families receiving
home visiting services will receive at least
one on-time developmental screening.
Target: 85
Served 0 0 0
As measured by Family Update
form submitted with ASQ data
indicating an age-appropriate
screening has been conducted
#assessed -0 0 0
#successful 0 0 0
% 0% 0% 0% 0% 0% 0% 0%
Board of County Commissioners Alternatives to Incarceration activities, outputs, outcomes and tracking
BOCC Supported
Community Justice
Family Support
Program/Parole &
Probation Project to
reduce child maltreatment
and improve parenting
practices
20 Parole & Probation families with
children prenatal to three years old
will receive intensive bi-monthly home
visits from a family support worker
75% of Parole and Probation families
receiving home visiting services will show
an increase in positive parent child
interactions. 1.04.02 Target: 15
Served 0 0 0
As measured by Parent Survey,
,Pare!')t Intake administered at
intake; Parent Survey, Parent
Update administered and
periodically thereafter, reported
quarterly
#assessed 0 0 0
#successful 0 0 I 0
'" 0% 0% 0% 0% 0% 0% 0%
Provide a minimum of 12 parent
groups utilizing the Nurturing
Parenting Community Workshop
curriculum.
50% of Parole and Probation families will
attend at least 3 parenting groups and will
report a decrease in parenting stress and
an increase in positive social support
systems.
Served 0 0 0
As measured by Parenting Skills
Ladder
#assessed 0 0 0
#successful 0 0 0
% 0% 0% 0% 0% 0% 0% 0%
85% of Parole & Probation families
receiving home visiting services will report
that Healthy Start helped them to develop
a positive social support system 1.02.01
Target: 17
Served 0 0 0 'As measured by Parenting Skills
Ladder
#assessed 0 0 I 0
#successful 0 0 0
% I 0% 0% 0% 0% 0% 0% 0%
Provide a minimum of eight hours of
one-on-one counseling with a MH
specialist per month to clients referred
by P&P or the FSW
75% of families receiving one on one
counseling will show a decrease in
anxiety, depression and increased self
care as a result of counseling.
Served 0 0
0
0
0
As measured by progress notes
and goal sheets
#assessed 0
#successful 0 0 0
% 0% 0% 0% 0% 0% 0% 0%
Screening for clinical
depression and fOllOW-up
plan
Partner with Regional Matemal Child
Health Initiative to develop a protocol
to screen for clinical depression and
refer for treatment. Implement January
2014.
Increase in the number of women
receiving home visiting services screened
using Edinburg Postnatal Depression
Scale /referred for depression/anxiety.
Utilize CO Screening & Referral
Algorithm. Screen at 1-4 wks, 4-6 months,
and 12 months
Target: 20 (100% of all women served)
Screened I 0 0 0
0
0
As measured by number of
screens, referrals and follow-up
care conducted/received each
quarter and reported by the FSW
on the most recent Family Update
form.Refered 0 0
Rec'd Service 0 0
Healthy Start family support worker will
meet with P&P staff a minimum of 12
times
- ----_%- - - -- --
Served 0 0 0 As measured by meeting notes
#assessed 0 0 0
#successful 0 0 0
-~ 0% 0% 0% 0% 0% 0%
12-13 Funding allocation based on 47 Family Service Units
1 FSU = 1.8 families
47' 1.8 = 85 families
Page 27 of 33 -Early Learning Division -Conlract No. 2013-662
BUDGET EXHIBITB
Program Name: Healthy Families of the High Desert Healthy Start and ELD Supported Parole & Probation
Payment Schedule: Quarterly
Contract Period: 10/112013 to 6130/2014
The budget must contain at least 25% or $20,000 (whichever is less) of project
funds in the form of cash. The match must come from sources other than the
ELD. Cash match is defined as funds derived by fundraising activities, grants
or any source other than state general fund or Federal Medicaid resources.
REVENUE -Source
13-14
Allocation
Granted 7/1
9130/13
Grant 10/1/13
6/30/14
Total Grant
7/1113-6/30/14 %
Amount Requested from ELD In this proposal: $290,036
HSGF $ 178,758 $ 45,290 $ 133,468 $ 178,758 46%
HS Medi $ 80,000 $ 20,000 $ 60,000 $ 80,000 20%
FPS $ 17,540 $ 4,385 $ 13,155 $ 17,540 4%
Great Start $ 12,041 $ 3,010 $ 9,031 $ 12,041 3%
User Fees/Program Fees
i
Drug Court $ 24,585 24585 $ 24,585 6%
Other: Federal Funds
In-Kind Cash Equivalent $ 13,769 13769 $ 13,769 4%
Donatlons/fundraising $ 15,207 15207 $ 15,207 4%
Volunteer hours : (2,262 hours @ $22.14) $ 50,080 50080 $ 50,080 13%
Total Revenue $ 391,980 $ 72,685 $ 319,295 $ 391,980 100%
Page 28 of 33 -Early leaming Division -Contract No. 2013-662
BUDGET EXHIBIT B cont
Program Name: Healthy Families of the High Desert Parole & Probation BOCC Supported
Payment Schedule: Quarterly
Contract Period: 10/1/2013 to 6130/2014
REVENUE -Source 13-14 Allocation
Granted 7/1
9/30/13
Grant 10/1113
6/30/14
Total Grant
7/1113-6/30/14
BOCC: Service Partner Grant $ 36,500.00 $ 9,125.00 $ 27,375.00 $ 36,500.00
User FeeslProgram Fees
Other:
Other: Federal Funds
In·Kind
Donations/fundraising
Volunteer hours: (hours @ $22.14)
ITotal Revenue $ 36,500.00 $ 9,125.00 $ 27,375.00 $ 36,500.00
Page 29 of 33 -Early learning Division -Contract No. 2013-662
BUDGET -Expenses EXHIBIT B Cont
Program Name: Healthy Families of the High Desert Healthy Start
Contract Period: 10/1/2013 to 6130/2014
Program Name: Healthy Families of the High Desert Healthy Start
'
I
Expenditures
Healthy Start
Expenditures
Healthy Start
& Parole & Probation
Expenditures
BOCC Funds
Parole & Probation
Other
Sources
DCMH Drug Court
Total Program Cost
Administration Cost-
Indirect Charges for
Program Administration
Admin % cannot exceed 8%
$ 18,220 $ 2,015 $ 2,547 $ 2,776 $
$
25,558
-
Direct Service Personnel
List # of people and
FTE for each person
.5 FTE Program Manager $ 30381 $ 30381
1.0FTE FSW $ 7404 $ 31097 $ 21672 $ 60173
.75 FTEFSW $ 48024 $ 48 024
.35 FTEFSW $ 12372 $ 12372
.875FTEFSW $ 58629 $ -$ 58629
.50FTE FSW $ 24240 $ 24240
1.0FTE FSW $ 34298 $ 23563 $ 57861
.05 FTE M.H. Soecialist $ 2856 $ 2856
1.45 FTE FSWBi-lingual $ 14406 $ 14406 i
Materials & Services HS $ 9,284 $ 9,284
Materials & Services CFC P&P $ 4,003 $ 4,003
Materials & Services BOCC P&P $ -$ -
Materials & Services OTHER $ 10,700 $ 10,700 I
OffIce Supplies/Expenses HS $ 1,500 $ 1,500
OffIce Supplies/Expenses CFC BOCC $ -$ -
Office Supplies/Expenses P&P $ -$ -
Office Supplies/Expenses OTHER $ 4,644 $ 4,644
Capital Equipment $ -$ -$ -$ -
Staff Development $ -$ -$ -$ -
Volunteer Resources $ -$ -$ -$ 63,849 $ 63,849
TOTAL: $ 258,758 $ 29,581 $ 36,500 $ 103,641 $ 428,480
Page 30 of 33 -Ear1y leaming Division -Contract No. 2013-662
Contract for Subgrant Under
The Deschutes County Health Services Department, Early Learning Division (ELD)
EXHIBIT C
Deschutes County Deschutes County Health Services Early Learning Division
(ELD)
Co-Branding Goals, Guidelines and Expectations
The purpose of this document is to clarify and highlight the co-branding goals, guidelines and
expectations of our partner agencies funded by the Early Learning Division (ELD). The charge
of the ELD is prevention and early intervention in three primary goal areas: 1) kindergarten
readinessj 2) stable and supported families; and 3) integrating and aligning services. This is
accomplished through collaboration, partnerships, and investing in needed services and long
term solutions.
Funded partners shall include the Deschutes County logo in printed and electronic versions of
program reports, brochures, flyers, newsletters, advertisements/sponsorships, announcements
and on the agency web site. Upon execution of the contract, ELD staff will send via e-mail an
electronic copy of the Deschutes County logo in a reproducible format. Funded partners will
actively promote the agency's affiliation with ELD by identifying itself as a Deschutes County
funded partner agency with a simple statement such as "This program funded in part by
Deschutes County." Funded partners will also recognize the support of the ELD at their events
and this can be done in the spoken or written program.
We understand there are significant costs associated with reprinting brochures and
publications. With this in mind, ELD funded programs are not asked to reprint materials right
away. Rather, it is requested that as new publications and materials are produced or when it is
time to re-order supplies, funded programs shall contact ELD staff to discuss options for
complying with this policy.
Deschutes County has set very specific guidelines for community partner use of the Deschutes
County logo. If you need a current copy of the Deschutes County logo or if you have any
questions or concerns about how the logo can be used or the placement of the logo, please
contact Anna Johnson, Management Analyst for the Deschutes County Board of Commissioners
at (541) 330-4640 or at Anna.Johnson@deschutes.org
Page 31 of 33 -Early Learning Division -Contract No. 2013-662
I
j
~
1 Contract for Subgrant Under•!,
1 The Deschutes County Health Services Department, Early Learning Division (ELD) $
J
l Exhibit D
Compliance with provisions, requirements of funding source and Federal and State
laws, statutes, rules, regulations, executive orders and policies. Contractor certifies1
1 under penalty of perjury that the following statements are true to the best of ~
J Contractor's knowledge:
i
1. If Contractor is currently performing work for the County, State of Oregon or federal
government, Contractor by signature to this Contract declares certifies that; Contractor's Work
to be performed under this Contract create no potential or actual conflict of interest as defined
by ORS 244 and no rules or regulations of Contractor's employee agency (County State or1 ,
Federal) would prohibit Contractor's Work under this Contract. Contractor is not an "officer,"
1
"employee," or "agent" of the County, as those terms are used in ORS 30.265.
i 2. No federally appropriated funds have been paid or shall be paid, by or on behalf of Contractor,) to any person for influencing or attempting to influence an officer or employee of any agency, a ~
;j member of Congress, an officer or employee of Congress, or an employee of a member of
i Congress in connection with the awarding of any federal contract, the making of any federal
i
t grant, the making of any federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any federal contract, grant,
~ loan, or cooperative agreement. i 1 I a. If any funds other than federally appropriated funds have been paid or shall be paid to :t any person for influencing or attempting to influence an officer or employee of anyi, agency, a member of Congress, an officer or employee of Congress, or an employee of a
•i member of Congress in connection with this federal contract, grant, loan, or cooperative •
agreement, Contractor agrees to complete and submit Standard Form-LLL "Disclosure 1 Form to Report Lobbying," in accordance with its instructions. Standard Form-LLL and
instructions are located in 45 CFR Part 93 Appendix B. If instructions require filing the I
form with the applicable federal entity, Contractor shall then as a material condition ofI
,1 this Contract also file a copy of the Standard Form-LLL with the Department. This filing
;1 shall occur at the same time as the filing in accordance with the instructions.
1
I b. Contractor understands this certification is a material representation of fact upon which
the County and the Department has relied in entering into this Contract. Contractor
I
'1 further understands that submission of this certification is a prerequisite, imposed by 31
USC 1352 for entering into this Contract. 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.
c. Contractor shall include the language of this certification 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 sub-recipients shall certify and disclose
accordingly.
Page 32 of 33 -Early Learning Division -Contract No. 2013-662
.
Contract for Subgrant Under
The Deschutes County Health Services Department, Early Learning Division (ELD)
d. Contractor is solely responsible for all liability arising from a failure by Contractor to
comply with the terms of this certification. Additionally, Contractor promises to
indemnify County for any damages suffered by County as a result of Contractor's failure
to comply with the terms of this certification.
3. Contractor understands that, if this Contract involves federally appropriated funds, this
certification is a material representation of facts upon which reliance was placed when this
Contract was made or entered into, submission of this certification is a prerequisite for make or
entering into this Contract imposed by Section 1352, Title 311, U.S. Code and that any person
who fails to file the required ce . I,cation shall be subject to a civil penalty of not less than
$10,000 and not more than 00 000 for each failure.
Contractor Date f /
Page 33 of 33 -Early Learning Division -Contract No. 2013-662
sai Fcorporation Carrier No: 20001
Information Page
Policy No: 246652
Employer Identification No: 93-6002511
Ncel Risk 10 No: 360886131
Item 1., The Insured: Entity Type:
HIGH DESERT EDUCATION SERVICE DISTRICT POLITICAL SUBDIVISION: SCHOOL
MaIling address:
HIGH DESERT EDUCATION SERVICE DISTRICT
145 SE SALMON AVE STE A
REDMOND, OR 97756·8427
other workplaces not shown above:
REDMOND EDUCATION CENTER, 1212 NE FIFTH STREET, REDMOND, OR 97756-8427
ROSIE BAREIS CAMPUS, 1029 NW 14TH, BEND, OR 97701
LAPINE COMMUNITY CAMPUS, 51605 COACH ROAD, LAPINE, OR 97739
FAMILY RESOURCE CENTER, 205 E FOURTH STREET, PRINEVILLE, OR 97754
OBSIDIAN MIDDLE SCHOOL, 1335 SW OBSIDIAN AVE, REDMOND, OR 97756
BECKY JOHNSON CENTER, 412 SW 8TH ST, REDMOND, OR 97756
BEND EDUCATION CENTER, 520 NW WALL ST, BEND, OR 97701
ALYCE HATCH CENTER, 1406 JUNIPER ST, BEND, OR 97701
SUMMIT HIGH SCHOOL, 2855 NW CLEARWATER, BEND, OR 97701
PILOT BUTrE MIDDLE SCHOOL, 1501 NE NEFF, BEND, OR 97701
BEAR CREEK ELEMENTARY, 51 SE 13TH ST, BEND, OR 97701
JUNIPER ELEMENTARY, 1300 NE NORTON ST, BEND, OR 97701
THREE RIVERS ELEMENTARY, 56900 ENTERPRISE DR. BEND. OR 97707
BROWN EDUCATION CENTER, 850 SW ANTLER, REDMOND, OR 97756
TUCK ELEMENTARY, 209 N 10TH ST, REDMOND, OR 97756
MANZANITA BUILDING. 1212 NE 5TH STREET, REDMOND, OR 97756
EDUCATION CENTER. 471 OGHOCO PLAZA DR, PRINEVILLE, OR 97754 '
TAMARACK BLDG, 2480 NE TWIN KNOLLS DR, BEND, OR 97701
BEND HIGH SCHOOL, 230 NE 6TH STREET, BEND, OR 97701
TOM MCCALL ELEMENTARY, 1200 NW UPAS AVENUE, REDMOND, OR 97756
EVERGREEN ELEMENTARY, 437 S 9TH STREET, REDMOND. OR 97756
CULVER HIGH SCHOOL, 412 WEST E STREET, CULVER, OR 97734
saifcorporationPolicy No: 246652
Page 2
Information Page
other workplaces not shown above (continued):
LA PINE MIDDLE SCHOOL, 16360 1ST STREET, LA PINE, OR 97739
MADRAS WESTSIDE ELEMENTARY, 410 SW 4TH STREET, MADRAS, OR 97741
REDMOND HIGH SCHOOL, 675 SW RIMROCK DR, REDMOND, OR 97756
TERREBONNE COMMUNITY SCHOOL, 1199 B STREET, TERREBONNE, OR 97760
VERN PATRICK ELEMENTARY, 3001 SW OBSIDIAN, REDMOND, OR 97756
WARM SPRINGS EIECSE, 1257 KOTNUM RD, WARM SPRINGS, OR 97761
CROOK COUNTY SCHOOL DISTRICT, 471 NE OCHOCO PLAZA DR, PRINEVILLE, OR 97754
SISTERS SCHOOL DISTRICT, 525 EAST CASCADE AVE, SISTERS, OR 97759
Item 2. The policy period Is from 07·01·2013,12:01 A.M. to 07·01·2014, 12:01 A.M. at the Insured's mailing
address
Item 3. A. Workers Compensation Insurance: Part One of the policy applies to the Workers
Compensation Law ofthe states listed here: OREGON
B. Employers Liability Insurance: Part Two of the policy applies to work In each state listed in
item 3.A. The limits of our liability under Part Two are:
Bodily Injury by Accident $500,000 each accident
Bodily Injury by Disease $500,000 each employee
Bodily Injury by Disease $500,000 policy limit
C. other states Insurance: Part Three of the policy applies to the states, if any, listed here:
NONE
D. This policy Includes these endorsements and schedules:
WC360402 Oregon Contracting Classification Premium Adjustment Endorsement
WC360601 E Oregon Cancellation Endorsement
WCOOO421 C Catastrophe (other than Certified Acts of Terrorism) Premium End
WCOOO422A Terrorism Risk Insurance Prog Reauthorization Act Disclosure End
WCOOO414 Nolificatlon of Change In Ownership Endorsement
WC990401 B Premium Payment Rating Plan Endorsement
WCOOO406A P-remium Discount Endorsement
WC360406 Premium Due Date Endorsement
WC360301 Oregon Unsafe Equipment EXClusion Endorsement
WC990616 Confidentiality Endorsement
Item 4. The premium for this policy will be determined by our Manuals of Rules, Classifications, Rates and Rating
Plans. The premium and rates and the experience rating modification factor, if any, may change on
your anniversary rating date of 07·01·2014. All information required below is subject to verification and
change by audit.
saifcorporationPolicy No: 246652
Page 3
Information Page
Class DescrlDtlon
Estimated
Polley PerIod
PaYroll
Rate Per
$100 of
Pavroll
Estimated
Premium
Period: 0710112013 -06130/2014
High DasertEducatlon Service District
66as 07 School-Professional Emp & Clerical
9101 03 College/Schools-AI Other Emp
510230 DoorlWindow-lnstl-AII--Rsdntl/Cmrcl
521301 Concrete Construction Noc
5403 26 Carpentry-Comm Or Dwell Over 3 Star
5403 29 Siding All Type Comm Or Dwell Over
5437 02 Carpentry-Finish Work Only
621705 Excavation-Noc-& Dr
6229 01 Irrigation/Drain Syst Const &. Dr
9015 33 Buiklings-Ops By Owner/Lessee & Dr!
Total Payroll
Manual Premium
Experience Rating Modification
Estimated Premium
Total Estimated Premium
Prepay Discount
Estimated Standard Premium
Premium Discount
Terrorism Premium
Catastrophe Premium
Estimated Policy Period Premium
$13,120,000 0.57
$41.300 4.97
$0 5.66
$0 6.37
$0 9.50
$0 9.50
$0 6.80
$0 7.25
$0 10.47
$0 4.71
$13,161.300
DCBS Assessment @ 6.20% on S95.305.46 (excludes Part Two & Federal Premium)
Total Estimated Policy Premium Including DeBS Assessment
Polley Minimum Premium: $500
Your policy premium is based on your current estimated premium and may be prorated for
policies in effect for less than a fuD year or adjusted based on actual payroll by classification.
. Terrorism Premium Is In addition to Policy Minimum Premium.
Catastrophe Premium Is in addition to Policy Minimum Premium.
Payroll Reporting Frequency: Annual
S74.784.00
$2,052.61
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
SO.OO
$0.00
$76,836.61
x ],~600
$112,181.45
$112,181.45
$4,469.00
$107,692.45
$15.019.25
+ $1,316.13
+ $1.316.13
$95,305,46
+ $5,eOS,94
$101,214.40
Policyholder Option to Reimburse SAIF Corporation for Medical Expenses (Nondlsabllng Claims
Reimbursement Program):
This policyholder has chosen to enroll in the Nondisabling Claims Reimbursement program with an annual claim evaluation.
This Inrormation page Is part or your policy.
Countersigned on 07-15·2013 at Salem, Oregon
;.:ttl.~f::----
WCOOOOO1A and Chief Executive Officer
GL-AL Certificate Summary Certificate Page 10f2
GENERAL LIABILITY and AUTO LIABILITY ADDITIONAL PARTICIPANT CERTIFICATE
AGENCY/AGENT· ISSUING CERTIFICATE Date: 8/512013 Prlnt{\
THIS CERTIFICATE IS ISSueD AS A MATTER OF INFORMATION
ONLY AND CONfERS NO RIGHTS UPON THE CERTIFICATE HOLDER
PayneWest Insurance-Madras OTHER THAN THOSE PROVIDED IN THE COVERAGE DOCUMENTS.
P.O. Box 680 THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE
Madras, OR 97741 COVERAGE AFFORDED BV THE COVERAGE DOCUMENTS USTED
Stacey Anderson HEREIN. THIS CERTIFICATE OOES NOT CONSTITUE A CONTRACT
(541) 475-2249 6flWEEN ANV Of THE fOLLOWING PARTIES: THE AGENCY, NAMED
PARTICIPANT, CERTIfICATE HOLDER AND/OR COMPANIES
AFFORDING COVERAGE.
NAMED PARTICIPANT/MEMBER-ReqUESTING CERTIFICATE ORGANIZATIONS AffORDING COVERAGE
High Desert E. S.D. Company A • Property casualty Coverage for education (PACE)
145 S.E. Salmon Avuenue, Suite a
Redmond, OR 97756-8427 Company B -Genesis Insurance Company
Greg Munn
(541) 693-5616
COVERAGES
Thts Is to certify that Coverage Documents Usted herein have been Issued to the Hamed Partldpant herein for tile Coverage Period Indicated. Notwithstanding any
requirement, term or condition of any contract or other document with respect to whiCh the certificate may be Issued or may pertain, the cov~rage afforded by tile
Coverage Documents listed herein Is subject to all tile terms, conditions and I!I(duslons of such Coverage Documents. Aggregate limits which are shown may have
been redu<:ed by paid ClaimS, Suits or 1\(1\005. The tlUes referenced under Type of Coverage are inserted sot<!ly for convenience 01 reference and shall not be deemed In
any way to limit or affect the provisions to which tIley relate.
OR/CO
Type of Coverage
Coverage
Effective Date
Expiration
limits
lTR Document Date
:General liability Geneml AgQf<lgllte $20,000,000
'X Com_I G<!M"" uebllity
X PUbIc Offldols Uabllity 28P60191-1006 7/1/2013
A X Employfllli!l1t "'actices Uabtlity
II 7/1/2014
X OCCUtl!nce I'om\ Each OCCUrrence $10,000,000
Employment Practices Deductlble{SIR: $1,000
Wrongful Acts Deductible/SIR: $1,000
General U.blNty Oeductlble/SIR: $1,000
"'$5,000 Minimum decluctible for termlnatlons it PACE or approved legal counsel Is not consulted
prior to an employment termination.
Automobile liability G<!ner.ll Ar/gn!Qlte $2O.000,OOll
X Scheduled Autos
A X Hired Autos 8. Non-owned AUtos 28P60191-1008 7/1/2013 7/1/2!J148 Each 0<:<""""", $10,000,000
X ()o:utrence form
X Oedudlble./SIR: $1.900
Remarks: When required by an Insured Contract certi/lcate holder Is an additional partklpant In respects to FIr1t Steps Grant and Healthy Famlles of tile High Oesert,
but only with R!Spects to n~lIgence dalms for Bodily Injury. property Damage or Personallr\Jury where the Named Partklpant Is deemed to have llability. In no event
shall coverage extenll to any party for IIny ClaIm, Suit or ActIon, ~or w~never asserted, lIrlslng out of the·certllkllte holder's sole negligence or for any Claim,
Sult or ActIOn wbich occurs prior to the l!Cecutlon of the centract or agreement.
·Informatlon Is prO'lJded as of the date tills certltlcate was generated and Issued and 1$ subject to change.
Certificate Holder· RequestIng Certificate CANCELLAHON: Should any of the Coverage Documents herein be cancelled before tlle
DesE:hutes County, the Deschutes County Health expiratIon date thereot, PACE will endeavor to provide notice In accordance with the PACE
Department EL Division, and their officers, agents. General Uabllltv Coverage Document provisions. faUUJ'e to mall such notice shall Impose
employees and volunteers no obligation or liability Of any kind upon PACE, Its agents or representatives, or the Issuer
1130 HW Harriman of this certificate.
Bend, OR 97701
:~::~r;i;l;t~iJ;:YJlArdf ~ (J flQ
{/
https:/Imbr.sdao.com/celts/cert2.asp?Policy=28P60191.1 008&PGM=PACE& Yeal=CUrrent... 8/5/2013
GL-AL Cel1ificate Summary Certificate Page 2 of2
Applicable Coverage Document Definitions:
The following dellnltlons are provided solely for convenience of reference and shall not be deemed In any way to limit or affect the provisions to which
they relate, for complete details on the terms, conditions and exclUSions of applicable Coverage Documents please refer to the PACE Liability Coverage
Document.
Participant means:
1. The Named Participant and each of the following while acting within the course and scope of their duties as such;
a. Members of the Board;
b. Executive Officers;
c. Employees;
d. Volunteers and Agents;
e. Registered Students whose course study Includes on-the-job training, but only while acting under directions and within the scope of their
activities performed while In training;
f. Student Organizations, Parent Teacher Organizations, Booster Clubs and foundations under the Jurisdiction and supervision of the governing
board; and
g. Any person, entity or any organization the Named PartIcipant Is required by an Insured Contract to include as a Participant. This coverage will be
limited to the extent of coverage and Umlts of liability required by the Insured Contract and will not Increase the limits stated In SECTION V. -
UMITS Of UABIlrrY or alter IIny of the terms of coverage stated In this Coverage Document. The Insured Contract must be effective and
executed prior to a covered Occurrence or Wrongful Act. In no event shaH coverage under this Coverage Document extend to any party for any
Claim however or whenever asserted, arising out of such party's sole negligence. (1) The term 'Addltionallnsured" If used In an Insured Contract
shall be understood to mean the same as Additional Participant.
2. With respect to:
Mobile Equipment or any Auto, any person Is a Participant whUe driving such Auto or Mobile Equipment with a Named Participant's permission, Any
person, entity, or organization responsible for the conduct of such person Is also a PartiCipant, but only with respect to Bodily Injury or Property Damage
arising out of the operation of the Auto or Mobile Equipment. However, the owner or anyone else from whom a Named Participant hires or borrows an
Auto Is a Participant only If that Auto Is a trailer connected to an Auto a Named Participant owns. However, no person, entity, or organization Is a
PartiCipant under this paragraph 2. with respect to:
a. Property Damage to property owned by a Named Participant or the employer of any person who Is a PartiCipant under this provision;
b. Any Auto a Named Participant hires or borrows from one of II Named Participant's Employees, volunteers or members of their households, If they
are the owner of such Auto, unless acting within the scope of their duties on a Named Partldpanrs behalf;
c. Any Auto being used by a person employed In the business of seiling, servicing, repairing, or parking Autos unless they are a Named Participant's
Employees; or
d. The movement of property to or from an Auto except a Named PartiCipant, a Named Participant's Employees, lessees or borrowers of such Auto,
and any employee of the lessees or borrowers.
Insured Contract means:
1. A legally enforceable contract that Includes one or all of the following:
a. A lease of premises as It relates to tort IlablHtles assumed by the Named Participant arising out of the lease, such assumption occurring In writing
prior to the date of Occurrence;
b. A Sidetrack agreement;
c. Any easement Or license agreement;
d. An obligation, as required by ordinance, to IndemnIfy a Public Body;
e. An elevator maintenance agreement;
f. That part of any other contract or agreement pertaining to the Named Participant's operations (Including an Indemnification of a Public Body In
connection with work performed by or for a Public Body) under which the Named Participant IIssume the tort liability of another person or entity
to pay for Bodily InjUry, Property Damage or Personal InJury to a third person or organization, provided the BodHy Injury, Property Damage or
Personal Injury occurs subsequent to the execution of the contract or agreement; and
g. Contracts for serv1ces with Public Bodies.
2. An Insured Contract does not Include that part of any contract or agreement:
a. That IndemnifieS an architect, engineer or surveyor acting as an Independent contractor for Injury or Damages arIsing out of professional errors
or omissions;
b. That Indemnifies any person or organization for Damages by tire to premises rented or loaned to the Participant; and
c. That Involve the purchase or sale of real property or personal property.
h«ps:llmbr.sdao.com/certs/cert2.asp?Policy=28P6019 1-1 008&PGM=PACE& Y eal=current. .. 8/5/2013