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Doc 497 - Saving Grace Agrmt
I~~ o~< Deschutes County Board of Commissioners 1300 NWWall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org AGENDA REQUEST & STAFF REPORT For Board Business Meeting of SeptelTlber 29, 2014 DATE: September 19,2014 FROM: Nancy Mooney, Contract Specialist Phone: 322-7516 Health Services, Behavioral Health Division TITLE OF AGENDA ITEM: Consideration of Board Signature of Document #2014-497, Agreement between Saving Grace, Imagine Life Without Violence and Deschutes County Health Services (DCHS). PUBLIC HEARING ON THIS DATE? No BACKGROUND AND POLICY IMPLICATIONS: Since 1977, Saving Grace has provided support and services to survivors of domestic violence, sexual assault, dating violence, date rape and stalking. Free and confidential sheltering, support groups, temporary restraining order assistance, therapy, counseling, a 24-hour hotline, and a supervised visitation and exchange are some of the services offered to thousands of local residences each year. Mary's Place is Saving Grace's safe and neutral location for supervised parenting time or exchanging children without the parents seeing or hearing each other. They are located in a daycare center so it is a friendly, comfortable atmosphere for both children and parents to spend time. Mary's Place offers supervised parenting time and supervised exchanges, and prioritizes services for families where there has been domestic violence, sexual assault, child abuse, dating violence or stalking. For the purposes of this Grant, Saving Grace will provide quarterly reporting. FISCAL IMPLICATIONS: Maximum compensation is $196,569. 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 returned to the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form electronically to the Board Secretary.) Please complete all sections above the Official Review line. Date: ! September 4, 2014! Department: ! Health Services, Early Learning Division Contractor/Supplier/Consultant Name:! Saving Grace -Imagine Life Without Violence! Contractor Contact: ! Gail Bartley! Type of Document: Grant Goods and/or Services: This Grant outlines Saving Grace's roles and responsibilities in participation of Mary's Place. Background & History: Since 1977, Saving Grace has provided support and services to survivors of domestic violence, sexual assault, dating violence, date rape and stalking. Free and confidential sheltering, support groups, temporary restraining order assistance, therapy, counseling, a 24-hour hotline, and a supervised visitation and exchange are some of the services offered to thousands of local residences each year. Mary's Place is Saving Grace's safe and neutral location for supervised parenting time or exchanging children without the parents seeing or hearing each other. They are located in a daycare center so it is a friendly, comfortable atmosphere for both children and parents to spend time. Mary's Place offers supervised parenting time and supervised exchanges, and prioritizes services for families where there has been domestic violence, sexual assault, child abuse, dating violence or stalking. For the purposes of this Grant, Saving Grace will provide quarterly reporting. Agreement Start Date:! July 1, 2014 I Ending Date:! June 30, 2015 Annual Value or Total Payment: I Maximum compensation is $196,569. Check all that apply: o RFP, Solicitation or Bid Process o Informal quotes «$150K) [gI Exempt from RFP, Solicitation or Bid Process (specify -see DCC §2.37) I 1 \ 1 Funding Source: (Included in current budget? [gI Yes 0 No If No, has budget amendment been submitted? 0 Yes 0 No 9/4/2014 Is this a Grant Agreement providing revenue to the County? D Yes ~ No Special conditions attached to this grant: Deadlines for reporting to the grantor: If a new FTE will be hired with grant funds, confirm that Personnel has been notified that it is a grant-funded position so that this will be noted in the offer letter: DYes D No Contact information for the person responsible for grant compliance: Name: D Phone#: D Departmental Contact and Title: I Nancy Mooney, Contract Specialist Phone #: I 541-322-7516 I Department Director Approval: ~~ S'/'-Uli Siina~ te Distribution of Document: Return both originals to Nancy Mooney, Behavioral Health Department. D Official Review: County Signature Required (check One)X BOCC 0 Department Director (if <$25K) o Administrator (if >$50K but <$150K; if >$150K, BOCC Order No . _____ Legal Review Date'\:;9l\ av q-/0~{Y Docum ent Nu m ber =.20""-1-'-4-'--....:...49=7'----____ 9/4/2014 fi&Eh\/ LEGAL COUNSEL For Recording Stamp Only Contract for Subgrant Under The Deschutes County Health Services Department, Early Learning Division (ELD) Contractor: Saving Grace -Imagine Life Without Violence Project: Mary's Place Contact: Gail Bartley 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 Saving Grace, Imagine Life Without Violence, an Oregon non-profit corporation, Federal Tax ID #93-0797194, 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 Safe Havens, Oregon Department of Justice, Oregon Children Youth & Families and Board of County Commissioners Service Partner to carry out the Project, as defined in Exhibit A. Page 1 of 29 -Early Learning Division -Contract No . 2014-497 ., ur.; -20 -; 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., July 1, 2014, 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, 2015. 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 $196,569. 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 ORS 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 (ORS 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 ORS 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. I I 1 Page 2 of 29 -Early Learning Division -Contract No. 2014-497 I1 1 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 (25) days after receipt of the required items referred to in 9 (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 (3) 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 29 -Early Learning Division -Contract No. 2014-497 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) progress. 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 thirty (30) days of notification, provided however, that failure to provide such notice shall not excuse Contractor's non-compliance. 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 29 Early Learning Division -Contract No. 2014-497 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 Board Of County Commissioners 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 (1) 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 (1) 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 29 -Early Learning Division -Contract No. 2014-497 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 659AA09 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 applicable 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 29 -Early Learning Division -Contract No. 2014-497 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). 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, Page 7 of 29 -Early Learning Division -Contract No. 2014-497 Contract for Subgrant Under The Deschutes County Health Services Department, Early Learning Division (ELD) Local and Indian Tribal Governments." 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. 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 System for Award Management (SAM) "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 complete and submit Standard From-LLL, entitled "Disclosure Form to Report Lobbying," in accordance with its instructions. Page 8 of 29 -Early Learning Division -Contract No. 2014-497 Contract for Subgrant Under The Deschutes County Health Services Department, Early Learning Division (ELD) (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.l00 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 Oregon Health Authority (OHA) for purposes directly related to the provision of services to Clients which are funded in whole or in part under this Contract. However, Contractor shall not use or disclose any Individually Identifiable Health Information about I 1 specific individuals in a manner that would violate OHA Privacy Rules, OAR 410 014-0000 et. seq. or OHA Notice of Privacy Practices, if done by OHA. A copy of the most recent OHA Notice of Privacy Practices is posed on the OHA web site at http://www.dhs.state.or.us/policy/admin/infosecuritylist.htm or may be obtained from OHA. 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 made1 t available for the Project. 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 Page 9 of 29 -Early Learning Division -Contract No. 2014-497 Contract for Subgrant Under The Deschutes County Health Services Department, Early Learning Division (ELD) 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 OHA 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 OHA 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 OHA 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 "0" 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) 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. Page 10 of 29 -Early Learning Division -Contract No. 2014-497 Contract for Subgrant Under The Deschutes County Health Services Department, Early Learning Division (ELD) 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 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.II b. Party's Convenience. County or Contractor may terminate this Contract for any reason upon thirty (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: l (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 Page 11 of 29 -Early Learning Division -Contract No. 2014-497 Contract for Subgrant Under The Deschutes County Health Services Department, Early Learning Division (ELD) 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 required 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 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 Page 12 of 29 -Early Learning Division -Contract No. 2014-497 Contract for Subgrant Under The Deschutes County Health Services Department, Early Learning Division (ELD) 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 unstayetl and in effect for a period of sixty (60) 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 ten (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 sha II 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 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 Page 13 of 29 -Early Learning Division -Contract No. 2014-497 Contract for Subgrant Under The Deschutes County Health Services Department, Early Learning Division (ELD) 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 includel 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 unrestl labor unrest, riot, acts of God l 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. 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 Page 14 of 29 -Early Learning Division -Contract No. 2014-497 Contract for Subgrant Under The Deschutes County Health Services Department, Early Learning Division (ELD) 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 expressly 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 i the County. I 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 Page 15 of 29 -Early Learning Division -Contract No. 2014-497 Contract for Subgrant Under The Deschutes County Health Services Department, Early Learning Division (ELD) to children who receive services from contractor or its subcontractors. Such precautions must 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. 1\10 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 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 Page 16 of 29 -Early Learning Division -Contract No. 2014-497 Contract for Subgrant Under The Deschutes County Health Services Department, Early Learning Division (ELD) 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 2796.220 though 2796.235, 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 persons 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 forty (40) hours in anyone (1) week, when the work week is five (5) consecutive days, Monday through Friday; or (2) For all overtime in excess of ten (10) hours in anyone day or forty (40) hours in anyone (1) week when the work week is four (4) consecutive Page 17 of 29 -Early Learning Division -Contract No. 2014-497 Contract for Subgrant Under The Deschutes County Health Services Department, Early Learning Division (ELD) 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 tbat 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 ten (10) hours in anyone day or in excess of forty (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 ex-cess of forty (40) hours in anyone (1) 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. 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. Page 18 of 29 -Early Learning Division -Contract No. 2014-497 Contract for Subgrant Under The Deschutes County Health Services Department, Early Learning Division (ELD) 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 Services 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) $1,000,000, combined single limit, or (2) Split limits of $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 commencement of the Contract. from the Contractor is required prior to the 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 exercIsing, 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, 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 Page 19 of 29 -Early Learning Division -Contract No. 2014-497 Contract for Subgrant Under The Deschutes County Health Services Department, Early Learning Division (ELD) 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, unless doing so would materially frustrate the parties' intent in entering into this Contract. 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 when actually given to the deSignated person or representative. delivered 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 Page 20 of 29 -Early Learning Division -Contract No. 2014-497 Contract for Subgrant Under The Deschutes County Health Services Department, Early Learning Division (ELD) delivered as follows: To Contractor: To County: Janet Huerta Jane Smilie, Director Saving Grace -Imagine Life Without Violence Of Deschutes County Health Services 1004 NW Milwaukee Ave, Suite 100 2577 N E Cou rtney Drive Bend, OR 97701 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 ¥,2014 BOARD OF COUNTY COMMISSIONERS /0 TAMMY BANEY, CHAIR ANTHONY DEBONE, VICE CHAIR ATTEST: Recording Secretary ALAN UNGER, COMMISSIONER SAVING GRACE, IMAGINE LIFE WITHOUT VIOLENCE DATED this R ---==--__________day of ¥,201_4_~_---f+-' BY~ Page 21 of 29 -Early Learning Division -Contract No. 2014-497 Contract for Subgrant Under The Deschutes County Health Services Department, Early Learning Division (ELD) EXHIBIT A -Part One I. 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 the following outcomes: 1. Children enter kindergarten ready for school; 2. Children are raised in stable and supportive families; 3. Early childhood services are coordinated, efficient and effective. 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, Healthy Beginnings, 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. Page 22 of 29 -Early Learning Division -Contract No. 2014-497 Contract for Subgrant Under The Deschutes County Health Services Department, Early Learning Division (ELD) Grantees/contractors must document community involvement as well as their plans to leverage resources. 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 thirty (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 (1) 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 (1) 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 Other-US DOJ Semi-Annual Progress Report Quarterly reporting due dates: October 15, 2014 January 15, 2015 April 15, 2015 July 15, 2015 Page 23 of 29 -Early Learning Division -Contract No. 2014-497 Commission on Children & Families EXHIBIT A Program/Project Work Plan/Quarterly Report Saving Grace -Imagine Life Provider: Without Violence Focus area: Contact(s): Janet Huerta Family Functioning ProjectiActivity: Mary's Place Outcome: Families are Stable and Attached Contract Period: 711114 -6130115 Goal: Children are Protected and Safe advocacy services adult victims and to other services provided by Saving Grace BOCC Supported Provide a minimum of 72 hours of advocacy services per quarter visits and exchanges loer ouarter. BOCC funding is 3% of total funding, BOCC .ort 3% of visits and lexchanges and 3% of families month, Target: varies survey Irespondents will agree or strongly they are better equipped "'I-~''~"'="::""~----I----< decisions that will keep Page 24 of 29· Eal1y Learning DiviSion· Contract No. 2014-497 BUDGET EXHIBIT B 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 County. Cash match is de'fined as funds derived by fundraising activities, grants or any source other than state general fund or Federal Medicaid resources. Program Name: Mary's Place Payment Schedule: Quarterly Contract Period: 7/1/14 to 6/30/2015 REVENUE -Source Amount % - Amount Requested from ELD in this proposal : $ 196,569 Safe Havens $ 109,483 37% Filing Fees $ 77,086 26% BOCC Grant $ 10,0001 3% 0% Other: Federal Funds Other: Public Funds $ 12,703 4% Carryover Filling Fees 0% Other: Private Grants $ 17,000 6% In Kind $ 10,000 3% Donations -General Fundraising $ 53,038 18% Interest Volunteer Hours 250 X @ 22.55/hr $ 5,638 2% Total Revenue $ 294,948 100% Page 25 of 29 -Early learning Division -Contract No. 2014-497 BUDGET· Expenses EXHIBIT "B" Cont. Program Name: Mary's Place Contract Period' 7/1/14 to 6/3012015 Proposed Expenditures From ELD Funding Requested in This Proposal Proposed Expenditures From BOCC Funding Requested In This Proposal Proposed Expenditures From Other Sources Total Administration Cost- Indirect Charges for Program Administration IAdmin % cannot exceed 8% $ 22052 Direct Service Personnel Safe Havens Filing Fees BOCC Grant $ 106,298 $ 77,086 $ 10,000 $ 43,084 $ $ $ 43,084 1~~77 $ 10,000 $ - TOTAL PERSONNEL $ 183,384 $ 10,000 $ 43,084 $ 236,468 Subcontractors/Consultants $ 6,571 $ 6,571 Materials & Services $ 9,228 $ 9,228 Office SupplieslExpenses I $ 9,857 $ 9,857 Capital Equipment $ - Other TRAVEL & TRAINING Volunteer Resources $ 3,185 $ 1~$ 5,6 5,134 5,638 TOTAL: $ 186,569 $ 10,000 $ 98,379 $ 294,948 26 of 29 Early Learning DiviSion Contract No. 2014.497 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 readiness; 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 27 of 29 -Early Learning Division Contract No. 2014-497 Contract for Subgrant Under The Deschutes County Health Services Department, Early Learning Division (ELD) Exhibit D Compliance with provisions, requirements of funding source and Federal and State laws, statutes, rules, regulations, executive orders and policies. Contractor certifies under penalty of perjury that the following statements are true to the best of Contractor's knowledge: 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 or Federal) would prohibit Contractor's Work under this Contract. Contractor is not an "officer," "employee," or "agent" of the County, as those terms are used in ORS 30.265. 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 member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation l renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. a. If any funds other than federally appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, Contractor agrees to complete and submit Standard Form-LLL "Disclosure 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 form with the applicable federal entity, Contractor shall then as a material condition of this Contract also file a copy of the Standard Form-LLL with the Department. This filing shall occur at the same time as the filing in accordance with the instructions. 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 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. 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 Page 28 of 29 -Early Learning Division -Contract No. 2014-497 -------------------------------------- Contract for Subgrant Under The Deschutes County Health Services Department, Early Learning Division (ELD) 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 certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure. contract~ Page 29 of 29 -Early Learning Division -Contract No. 2014-497 Exhibit E PROJECT NUMBER 201)·FL·AX·K0I9 AWARDDATF. 0911712013 Department of Justice Office on Violence Against Women AWARD CONTINUA TlONSHEET Cooperative Agreement SPECIAL CONDITIONS Page lof9 I. The recipient agrees 10 comply witb the fmancial and administrative requirements set forth in the current edition of the Office on Violence Against Women (OVW) Financial Grants Management Guide. 2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required 10 submit one pursuant to 28 C.P.R. Section 42.302). that is approved by the Office for Civil Rights, is a. viola.tion ofits Certified Assurances and may result in suspension or termination of funding, until such time as the recipient is in compliance. 3. The recipient agrees to comply with the organizational audit requirements ofOMa Circular A-133, Audit of States, Local Governments, and Non-Profit Organizations, and further understands and agrees that funds may be withheld, or other related requirements may be imposed, if outstanding audit issues (if any) from OMB Circular A-B3 audits (and any olber audits ofooJ grant funds) are Dot satisfactorily and promptly addressed as further described in the current edition of the OVW Financial Grants Management Guide. 4. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of govemment without the express prior written approval ofOVW, in order 10 avoid violation of 18 USC § 1913. The recipient may, however, use federal funds to collaborate with and provide infonnation to Federal, State, local, tribal and tenitorial public officials and agencies to develop and implement policies to reduce or eliminate domestic violence, dating violence, sexual assault, and stalking (as those terms are defined in 42 USC I 3925(a» when such collaboration and provision of information is consistent with the activities otherwise authorized under this grant program. 5. The recipient must promptly refer to the OOJ OIG any credible evidence that a principal, employee. agent, contractor, subgrantee, suheontmctor, or utber person has either I) submitted a false claim for grant funds under the False Claims Act; or 2) committed a criminal or civil violation oflaws pertaining to fraud, contlict of interest, bribery, gratuity, or similar misconduct involving grant funds. This condition also applies to any subrecipients. Potential fraud, waste, abuse, or misconduct should be reported to the OIG by mail: Office oftbe Inspector General U.S. Department of Justice Investigations Division 950 Pennsylvania Avenue. N.W. Room 4706 Washington, DC 20530 e-mail: oig.hotline@usdoj.gov holline: (contact information in English and Spanish): (800) 869-4499 or notline fax: (202) 616-9881 Additional information is available from the DO] OIG website at www.usdoj.gov/oig. 6. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly. in support of any contract or subaward to either the Association of Community Organizations for Refonn Now (ACORN) or its subsidiaries, without the express prior written approval ofOVW. OJI' FORM 400012 (REV. 4-88) l 1 Exhibit E DeparttnentofJustice Office on Violence Against Women AWARD Page 2 of9CONTINUATIONSHEET Cooperative Agreement PROJECT NUMBER 2013-FL-AX-K019 AWARD DATE 0911712013 SPEQAL CONDITIONS 1. The recipient agrees to comply with any additional requirements that may be imposed during the grant perfonnance period ifthe agency determines thet the recipient is a high-risk grantee. Cf. 28 C.F.R. parts 66, 70. 8_ The recipient agrees to comply with applicable requirements regarding registnltion with the System for Award Management (SAM) (or with a SUCt:CSSOf government-wide system officially designated by OMB and OVW). The recipient also agrees to comply with applicable restrictions on suhawards to first-tier subrecipients tbat do not acquire and provide a Data Universal Numbering System (DUNS) number. The details of recipient obligations are posted on the Office on Violence Against Women web site at bttp:JIwww,ovw.usdoj.gov/docsIsarn-award-lenn.pdf(Award condition: Registnltion with the System for Award Management (SAM) and Universalldentitier Requirements), and are incorporated by reference here. This special condition does oot apply to an award to an iodividual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 9. Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 14 Fed. Reg. 51225 (October I, 2009), the Departtnent encourages recipients and sub recipients 10 adopt and enforce policies banning employees from text messaging while driving any vehicle druing the course ofperfonning work funded by this grant, and to establish workplace safety policies and conduct education, awareness, and other outreach to decreasc Cl'llShes caused by distnlcted drivers. 10. The recipient understands and agrees that any training or training materials developed or delivered with funding provided under this award must adhere to the OVW Training Guiding Principles for Grantees and Subgrantees, available at http://www.oYW.usdoj.gov/grantees.hlml. J I. The recipient understands and agrees that award funds may not be used to discriminate against or denigrate the religious or moral beliefs of students who participate in programs for which financial assistance is providcd from those funds, or of the parents or legal guardians of such students. 12. The recipient understands and agrees that -(a) No award funds may be used to maintain or establish a computer network unless such network blocks the viewing, downloading. and exchanging of pornography, and (b) Nothing in subsection (a) limits the use of funds necessa!)' for any Federal, State, tn'bal, or local law enforcement agency or any other entity canying out criminal investigations, prosecution, or adjudication activities. 13. The recipient agrees to comply with all applicable laws, regulations, policies, and guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use offederal funds for expenses related to conferences (which is defined to include meetings, retreats, seminars, symposiums. trainings, and other events), including the provision of food and! or beverages at such events, and costs ofattendance at such events. Information on pertinent laws, regulations, policies, and guidance is available at http://www.oyw.usdoj.gov/granlees.html. 14. The grantee agrees to comply with all relevant statutory and regulato!)' requiremellts which may include, among other relevant authorities, the Violence Against Women Act of 1994, P.L. 103-322, the Violence Against Women Act of 2000, P.L. 106-386, the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C 3111 et seq., the Violence Against Women and Departtncnt of Justice Reauthorization Act of 2005, P.L. 109-162, and OVW's implementing regulations at 28 CFR Part 90. 15. The grantee must be in compliance with specifications outlined in the solicitation under which the approved application was submitted. The program solicitation is hereby incorporated by reference into this award. OlP FORM 4000/2 (REV. 4-88) Exhibit E Department ofJustice Office 00 Violence Against Women AWARD CONTINUATIONSHEET Page 30f9 Cooperative Agreement PROJBCT NUMBER 20lJ·fL·AX·KOI'1 AWARDDATB 0911112013 SPECIAL CONDmONS 16. The recipient understands and agrees that misuse of award funds may result in a range of penalties, including suspension ofcurrent and future funds, suspension or dehannent from federal grants, recoupment of monies provided under an award, and civil andlor crimina! penalties. 17. The recipient understands and agrees that grant funds may be frozen ifthe recipient does not respond in a timely fashion to requests 10 address OIG audit findings and financial or programmatic monitoring findings. 18. Grant funds may be used only for the purposes in the recipient's approved application. The recipient sball not undertake any work or activities that are not described in the grant application, and that use staff, equipment, or other goods or services paid for with OVW grant funds, without prior writlen approval from OVW. 19. The Director ofOVW, upon a finding that there has been substantial failure by the recipient to comply with applicable laws, regulations, andlor tbe terms and cooditions of the award or relevant solicitation, will terminate or suspend until the Director is satisfied thai there is no longer such failure, all or part ofthe award, in accordance with the provisions of 28 CFR Part 18. as applicable mutatis mutandis. 20. The grantee agrees that ifthey receive any funding that is duplicative of funding received under this grant, they will notifY their OVW grant manager as soon as posaible and a Grant Adjustment Notice (GAN) will be issued changing the budget to eliminate the duplication, and the grantee agrees and understands that any duplicative funding will be deobligated from its award and relllrned to OVW. 21. The grantee agrees to submit semiannual progress reports that descnlle project activities during the reporting period. Progress reports must be submitted within 30 days after the end of the reporting periods. which are January I • June 30 and July I • December 31 for the duration of the award. Fulllre awards may be withheld if progress reports are delinquent. Grantees are required to submit tbis information online, through the Grants Management System (GMS). on the semi-annual progress report for the relevant OVW grant programs. 22. Under the Government Perfonnance and Results Act (GPRA) and VAWA 2000, grantees are required to collect and maintain data that measure the effectiveness oftheir grant-funded activities. Accordingly, the grantee agrees to submit semi-annual electronic progress reports on program activities and program effectiveness measures. Information that grantees must collect under GPRA and VA W A 2000 includes, but is not limited 10: I) number of persons served; 2) number of persons seeking serviees who could not be served; 3) number ofsupervised visitation and exchange centers supported by the program; 4) number ofsupervised visits between parents and children; and 5) number ofsupervised exchanges between parents and children. 23. A final report, which provides a sununary of progress toward achieving the goals and ubjectives of the award. significant results. and any products developed under the award, is due 90 days after the end ofthe award. Thc Final Progress Report should be submitted 10 the Office on Violence Against Women through the Grants Management System with the Report Type indicated as "Final". 24. The recipient agrees that it will submit quarterly financial stanIS reports to OVW on-line (at https:llgrants.ojp.usdoj.gov) using the SF 425 Federal Financial Report form (available for viewing at www.whitehouse.gov/omblgrants!standard_formslffJeport.pdf), not later than 30 days after the end ofeach calendar quarter. The final report shall be submitted not later than 90 days following the end ofthe award period. OJ!' FORM 400012 (REV. 4-88) I Exhibit E Department of Justice Office on Violence Against Women AWARD CONTINUATIONSHEET Cooperative Agreement Page 4 ef9 PROJECfNUMBER 20lJ·FL-AX-KOI9 AWARDOATE O?/t712013 SPECIAL CONDI710NS 25. funds allocated for OVW -sponsored technical assistance may not be used for any other purpose without prior approval by OVW. To request approval, grantees must submit a Program Office Approval Grant Adjustment Notice (GAN) via the Grants Management System (GMS). The grantee must include a copy of the event's brochure, curriculum andIor agenda, a description of the hosts or trainers. and an estimated breakdown of costs should be attached to the GAN. The GAN request must be submitted to OVW at least 20 days prior to registering for the event Approval to attend non OVW sponsored events will be considered on a case-by-case basis. This prior approval process also applies to requests for the use ofOVW -designated technical assistance funds to pay an outside consultant or contractor to develop training. 26. First-time grantees must agree to send key staff members to the OVW grantee orientation seminar. Additionally, if there is a change in the project director/coordinator during the grant period. the grantee agrees, at the earliest opportunity, to send Ibe new project director/coordinator, regardless of prior experience with this or any olber federal award, 10 an OVW grantee orientation seminar. 27. Approval of Ibis award docs not indicate approval orany consultant rate in excess ofS650 per day or $81.25 per hour. A detailed justification must be submitted to and approved by the Office on Violence Against Women prior 10 obligatiOll or expenditure of such funds. Althougb prior approval is not required for consultant rates below these specified amounts, granlees are required to maintain documentation to support all daily or hourly rates. 28. The recipient agrees to submit OIle copy of all required reports and any other written materials or products that are funded under this project not less than twenty (20) days prior to public release for OVW review and approval. Prior review and approval ofall such material is required if project funds are to be used to publish or distribute any written material developed under Ibis award. 29. All materials and publications (written, visual, or sound) resUlting from award activities shall contain the following statements: "This project was supported by Grant No. __......• awarded by the Office on Violence Against Women, U.S. Department ofJustice. The opinions, findings, conclusion.~, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department ofJustice, Offiee OIl Violence Against Women. 30. The grantee agrees to comply witb the applicable requirements of 28 C.f.R. Part 38, the Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that Department ofJustice grant awards of direct funding may not be used to fund any inherently religiO\l8 activities, such as worship, religious ioslruction. or proselytization. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place &om the Department of Justice funded program, and participation in such activities by individuals receiving services &om the grantee or a sub-grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. 31. The grantee agrees that grant funds will not support activities that compromise victim safety and recovery, such as: procedures or policies that exclude victims &om receiving safe shelter. advocacy services. counseling. and other assistance based OIl their actual or perceived sex, age, immigration status, race, religion, sexual orientation, gender identity, mental health condition, physical health coodition, I.nminal record, work in the sex industry, or the age andlor sex of their children; pre-trial diversion programs not approved by OVW or the placement of offenders in such programs; mediation. couples counseling, family counseling or any other manner ofjoint victim-offender counseling; mandatory counseling for victims, penalizing victims who refuse to testify, or promoting procedures that would require victims to seek legal sanctions against their abusers (e.g., seek a protection order, file formal complaint); the placement of perpetrators in anger management programs; or any other activities outlined in tbe solicitation under which the approved application was submitted. OJ/' FORM 400012 (REV. 4·88) Exhibit E DeparbnenlofJustice Office on Violence Against Women AWARD CONTINUATIONSHEET Page 5 of9 Cooperative Agreement "'~-----~' PROJECT NUMBER 20\3-FL-AX-KOI9 AWARD DATE 09/1112013 SPECIAL CONDITIONS 32. The grantee agrees to submit for OVW review and approval any anticipated addition of, removal of, or change in collaborating partner agencies or individuals who are signatories of the Memorandum of Understanding, and if applicable, the Internal Memorandum of Agreement. 33. Pursuant 10 28 CFR §66.34, the Office on Violence Against Women reserves a royalty-tree, nonexclusive. and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, in wbole or in part (including in the creation of derivative worKs), for Federal Government purposes: (a) any worK that is subject to copyright and was developed under this award, subaward, contract or subcontract pursuant to this award; and (b) any work that is subject to copyright for which ownership was purchased by a recipient, subrecipient or a contractor with support under this award. [n addition, the recipient (or subrecipient, contractor or subcontractor) must obtain advance written approval from the Office on Violence Against Women program manager assigned to this award, and must comply with all conditions specified by the program manager in connection with that approval before: 1) using award funds to purchase ownership of, or a license to use, a copyrighted worK; or 2) incorporating any copyrighted work, or portion thereof, into a new work developed under this award. It is the responsibility of the recipient (and of each subrecipient, contractor or subcontractor as applicable) to ensure that this condition is included in any subaward, contract or subcontract under this award. 34. The recipienl agrees to comply with applicable requirements to report first-tier subawards 0($25,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrccipients ofaward funds. Such data will be submitted to the FF A T A Subaward Reporting System (FSRS). The details of recipient Obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the Office on Violence Against Women web site at; http://www.ovw.usdoj.gov/docslffala-award-tenn.pdf(Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, and its reporting requirement, does not apply to grant awards made to an individual who received the award as a natural person (Le., unrelated to any business or non profit organization that he or she may own andlor operate in his or her name). 35. The cost allOWed for logistical conference planning (this is applicable regardless of whether the recipient is planning in-house or is contracting with an outside conference planner) is limited to $50 for each attendee (costs of trainers, instructors, presenters and facilitators are to be included as attendees when calculating Ihe planning threshold), oot to exceed a cumulative total of $8,750. For example. if Ihe number of attendees at a conference is 100, the cost allowed for a logistical planner is $5,000 ($50 X 100 attendees). Indirect cost rates must be applied to conference planning costs in accordance with negotiated agreements and must be included when calculating the planning thresholds. [fit is expectcd that the conference planning will meet these limitations, no further justification is required. Jfthese limitations are expected to be exceeded. the recipient must justifY the costs in writing and those costs must be approved by the Office on Violence Agairn;t Women before the recipient proceeds with the logistical planning. OIP FORM 4000/2 (REV, 4-88) Exhibit E Department of Justice OffICe on Violence Against Women AWARD Page 6of9CONTINUATIONSHEET Cooperative Agreement PROJECT NUMBER 20IJ·FL·AX·K019 AWARD DATE 0911712013 SPECIAL COND1710NS 36. The cost allowed for programmatic conference planning (this is applicable regardless of whether the recipient is planning in-house or is contracting with an outside programmatic conference planner) is limited 10 $200 for each attendee (costs of trainers, instructors, presentees and facilitators are 10 he included as attendees when calculating the planning threshold) 00110 exceed a cumulative cost tOlal of$35,Ooo. For example, ifthe number of attendees at the conference is 100, the cost allowed for a programmatic planner is $20,000 ($200 X 100 attendees). Indirect cost rates must be applied 10 conference planning costs in accordance with negotiated agreements and must be included when calculating the planning thresholds. Ifthese limitations are met, no further justification or approval is required. Ifit is expected that these limitations will be exceeded, the costs must be justified in writing and approved by the Office on Violence Against Women before the recipient proceeds with the programmatic planning. 37. Recipients must limit the cost of conference space and audio-visual equipment to $25 per day per attendee, not 10 exceed a IOtal of $20,000 for the conference. Indirect cost rates must be applied to conference space and audio-visual equipment costs in accordance with negotiated agreements, and must be included when calculating this threshold. If these limitations are going to be exceeded the recipient must submit a justification, in writing to the Office on Violence Against Women for approval before the recipient enters inlO any contract for the use of conference space and audio visual equipment. 38. Trinkets (items such as hal$, mugs, portfolios, t-shirt.~, coins, etc., regardless of whethcr they include the conference name or logo) must not be purchased with funds made available under this agreement. Basic supplies that are necessary for use during the conference (e.g., pens, paper, name tags) may be purchased 39. Funds made available under this agreement may not be used for costs of entertainment, including amusement, diversion, social activities and any costs directly associated with such costs (such as tickets to shows or sports events, meals, lodging, rentals, transportation, and gratuities). 40. Subject to OVW prior approval, and under limited circumstances, OVW funds may be used to purchase food and/or beverages for meals served during a meeting, conference or training and under very specific circumstances, during refreshment breaks. Refreshment breaks will only be considered where there are unique and extenuating circumstances and require significant justification. OVW may approve the use of funds to purchase food and/or beverages served at a working meal if the recipient can justifY that provision ofthe meal is necessary to accomplish official business and enhance the cost effectiveness ofthe conference. For example. a meal may be permissible whcre the conference would need to be extended ifthe working meal is not provided. Furthermore, ifa meal is approved by OVW, the cost of any individual meal, plus taxes and any hotel service costs (e.g., labor cost for room setup), must not exceed 150 percent of the General Serviees Administration (GSA) Meals and Incidental Expenses (M&IE) rate for that meal in that locality per attendee. OVW strongly encouragcs costs to stay at or below 100"10 of the applicable per diem rate for any meal provided, including any service costs. The current GSA M&IE rate breakdown by meal and by locality can be found at http://www.gsa.gov/portallcontentlI01518.This restriction does not impact direct payment of per diem amounts to individuals in a travel status under your organizations travel policy. 41. The recipient must complete and submit the Conference and Events Approval Form 10 OVW for review and approval prior 10 entering into any contract (with the exception of logistical or programmalic planning contracts) or expending any funds for any meeting, conference, training, or other event. 42. Within 30 days after the end of any conference, meeting, retreat, seminar, symposium, training activity, or similar event funded under this award" and the IOtal cost of which exceeds $20,000 in award funds, the recipient must provide the program manager with a completed Conference and Events Reporting Form found at http://www.ovw.usdoj.gov/receive-gnmt.html. OJI' fORM 400012 (REV. 4·88) I Exhibit E Department ofJustice Office on Violence Against Women AWARD CONTINUA TlONSHEET Page 7 of 9 Cooperative Agreement PROJECT NUMBER 2013-FL-AX-K()t9 AWARD DATE 0911712013 SPECIAL CONDITIONS 43_ TERMS OF COOPBRATIVEAGREEMENT The Office on Violence Against Women (OVW) has elected to enter into a Cooperative Agreement with Deschutes County and its project partners to increase available supervised visitation and safe exchange services for victims of domestic violence, child abuse, sexual assault, teen dating violence, and stalking_ This decision reflects a strong mutual interest in increasing the safety and well-being ofvictims and their children during supervised visitations and safe exchanges. The award recipient acknowledges thst OVW will playa substantial role in shaping and monitoring the project. STATEMENT OF FBDERAL fNVOL VEMENT The Office on Violence Against Womcn (OVW) will: I. Provide the services ofa Federal Program Specialist!l.~ a single point ofcontact for the administration of this cooperative agreement. 2. Monitor program development and implementation, and fulfill an ovcrsight function regarding the project. 3. Review and approve content and formst of the materials produced in conjunction with this project. 4. Provide input, re-direct the project as needed, and actively monitor the project by methods including, but not limited to, ongoing contact with the recipient. 5. Approve sites and dates ofall project related activities. OlP FORM 400011 (REV. 4.88) Exhibit E Department ofJustice Office on Violence Against Women AWARD CONTINUATIONSHEET Cooperative Agreement PROJECT NUMBER 2013·FL·AJ(·KOI9 AWARD DATE 0911112013 SPECIAL CONDITIONS 44. TERMS OF COOPERATIVE AGREEMENT S1ATEMENT Of' RECIPIENT RESPONSIBIU11ES Page 8of9 Deschutes County will work collaboratively, in each step of the planning and implementation phases ofthe project, with Saving Grace and the State ofOregon Circuit Court ofDeschutes County. The recipient and its project partners will: I. Work closely with OVW in the development and implementation of this project. 2. Ensure that a multi-disciplinary team participates in project development and implementation. The multi disciplinary team should include representatives from the grantee agency, the state or local court, and the domestic violence/sexual assault agency. Representatives will participate in the consulting committee, attend meetings and institutes as designated by OVW, and substantially participate in the planning and implementation ofvisitation and exchange services as outlined by the grant program. 3. IdentifY a representative of the grantee agency to serve as project coordinator. This representative will substantially participate in all aspects of the grant project, coordinate development and implementation activities, and attend meetings and institutes as designated by OVW. 4. Work cooperatively and collaboratively with OVW's technical assistance providerCs) for the Supervised Visitation Grant Program, throughout the term ofthis agreement. 5. Participate in all required programmatic and financial grant management training otTered by OVW and/or an OVW designated technical assistance provider. Training may be conducted in person or by webinar. conference call, or web based tutorial. 6. Participate in all OVW ·funded technical assistance opportunities rerated to the Supervised Visitation Grant Program, including but not limited to: grantee meetings, on-site technical assistance, and site visits. 7. Ensure that grant funds wi!! be used to support supervised visitation and sate exchange of children by and between parents in situations involving domestic violence, child abuse, scl!.ual assault, or stalking. The grantee may not use grant funds to support individual counseling, family counseling, parent education, support groups or therapeutic supervision. The grantee may not require victims to attend or use parent education or other program services. 8. Ensure that grant funds will not be used to provide otTsite or overnight visitation services. OtTsite visitation includes, but is not limited to: any monitored visit between a child and a non-custodial parent that occurs outside the premises of the visitation center. Overnight visitation includes, but is not limited to: any monitored visit between a child and a non custodial parent that occurs outside of the normal operating hours of the visitation center. I I j, OW FORM 4000/2 (REV. 4-88) Exhibit E Department of Justicc Office on Violence Against Womcn AWARD CONTINUA TIONSHEET Cooperative Agreement Page 9 of 9 PROJECT NUMBER 2013-PL.AX-K019 AWARD DATE 09/1712013 SPECIAL CONDITIONS 45. TERMS OF COOPERATIVE AGREEMENT STATEMENT OF RECIPIENT RESPONSIBILIT[ES (continued) 9. Develop fonnal affiliations with organizations that will be able to provide services and consultation 10 the programs in their work with children and parents. Accordingly, gnuttees must establish a consulting committee that includes experts in the following fields: child abuse and neglect, mental health, batterer's intervention, law enforcement, child protection services, and advocacy for victims ordomestic violence, dating violence, stalking and seltual assault 10. Develop and implement adequate security measures, including but not limited to: adequate filciJities, prncedures, and personnel capable of preventing violence, for the operation ofsupervised visitation programs or safe exchange. Any substantial change or revision to center filcilities (including location) and/or policies and protocols must be submitted to OVW for review and approval. 11. Ensure Ihat no fees associated with supervised visitation and safe exchange are charged to families whose receipt of services (including parent and child orientations, supervised visits. and monitored exchanges) is funded by Ibis cooperative agreement 12. Ensure that the grant project is developcd and implemented in a manner tbat is consistent with the Guiding Principles of the Supervised Visitation Program. The Guiding Principles embody the statutory requirementa and objectives oCtile Supervised Visitation Program. They are intended to guide practice for OVW grantees. lbe standards and practices included witbin the Guiding Principles arc considered to be good practice when addressing the needs of victims and their children. 13. Agree not to engage in activities which compromise victim safety, including but not limited to: a) Requiring adult victims to participate in mediation or family counseling; b) providing visitation or excbange services which do not account for the safety o(adult victims; c) requiring a coul1 order in order to access visitation and/or excbange services; and d) providing custody evaluations or court reports based on subjective infonnation and opinions of center staff and volunteers. 14. Demonstrate that cach visitation/eltchange center involved in II multi-jurisdictional project meets tbe statutory and minimum requirements of the Supervised Visitation Program. In addition, each center must operate as a separate facility for a minimum or20 hours per week. 15. Obtain approval from OVW before implementing any substantial changes to the project, including but not limited to adding or removing a core project partner or changing the location where services are provided. 46. The recipient's budget is pending review and approval. The recipient may obligate.. expend and draw down funds for travel related expenses to attend OVW-sponsored technical assistance events up to $10,000. Remaining fimds will not be available for draw down until the Office on Violence Against Women, Grants Financial Management Division has approved the budget and budget narrative, and a Grant Adjustment Notice has been issued removing tbis special condition. Any obligations or expenditures incurred by the recipient prior to the hudget heing approved are made at the recipient's own risk. OJP FORM 4000/2 (REV. 4·88) SAVIGRA-01 KEBERT I DATE (MMIDD/yyyY)ACORD ~ CERTIFICATE OF LIABILITY INSURANCE 713112014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S). AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policylies) must be endorsed. If SUBROGATION IS WAIVED. subject to the terms and conditions of the policy. certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER ~~~~CT «-~-rLumbermens Insurance ,r~~,NOI: (541) 3.~5-~~965 SW EmkabDr, Suite 100 .~1L~~~=~_"~~ Bend, OR 977 2 .-..----..,,-.«««~-- ........ « __ ._____ INSURER!S) AFFOROIN.(LI?9"yERAGE_~«~..____·__N~LC..#.__ INSURER A: Philadelphia Indem'.!~ty}Il~~?_~+-_.«... _ INSUREll . l.f>I.!!.lJ.f{!!!t~...:._~.___.... ~__ ",.. __ « .. .................. -"--'-- ,,!~§~.~.t;.'t~.:.____,_, __ ~... ..-------..----..Saving Grace, Imagine Life Without Violence 1425 NW Kingston Ave ~4_~_....... __ ~!!!J~.-,-. ... ____ .... . ..-.-.... --~~~ Bend, OR 97701-2133 _.!NSU'!I§F!..E....:...... INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOlWlTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY NUMBER =~r6%~~~r-.----~;;n:s-----.~-.-.-....... :PHPK1195613 : GEN'l AGGREGATE LIMIT APPLIES PER Ix: POLICY ~:~T L~ lOC r" A iPHPK1195613 $EACH OCCURRENCE AGGREGATE $ ~--~ ~-- OESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES {ACORD 101, Additional Remans Schedule, may be attached II more spa •• la requlredt Certificate Holder Is added as Additional Insured as respects General Liability and shall Include Deschutes County, The Deschutes County Health Dept EL Division and their officers, agents, employees and volunteer per form attached. Re: Operations of the Named Insured subject to policy terms, conditions and exclusions. TYPE Of INSURANCE CLAIMS-MADE [:~] OCCUR OCCUR WORKERS COMPENSATION ANI) EMPLOYERS' LIABILITY YIN , ANY PROPRIETORIPARTNERIEXECl!TIIiE --',' N I A OFFICERIMEMBER EXCLUDED? L-J (MandatOf)' In NH) ~m;~Pn~'(;'~~PERATIONS below l $ CERTIFICATE HOLDER Deschutes County, The Deschutes County Health Dept ELDivision 1130 NW Harriman, Suite A Bend, OR 97701 , CANCEL LATION SHOULD ANY OF THE ABOVE DESCRIBED POL.ICIES BE CANCEL.L.ED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DEL.IVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Ya4Atn~ © 1988·2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: PHPK1195613 COMMERCIAL GENERAL LIABILITY CG 20 120413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION -PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: DESCHulES COUNTY, THE DESCHUTES COUNTY HEALTHDEPT EL DIVISION &THEIR OFFICERS, AGENTS, EMPLOYEES & VOLUNTEERS Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An I nsured is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision shown in the Schedule, subject to the following provisions: 1. This insurance applies only with respect to operations pertormed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. However: a. The insurance afforded to such additional insured only applies to the extent permitted bylaw; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury-arising out of operations pertormed for the federal government, state or municipality; or b. "Bodily injury" or "property damage" included within the "products-completed operations hazard". 8. With respect to the insurance afforded to these additional insureds, the following is added to Section 1/1 -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20120413 © Insurance Services Office, Inc., 2012 Page 1 of 1 -------------------------------------------------------------- SAIF Corporation 12/12/2013 8:38:21 AM PAGE 1/001 Fax SerVer www ~aif corn OREGON WORKERS COMPENSATION saifCERTIFICATE OF INSURANCE corporation CERTIFICATE HOLDER: DESCHUTES COUNTY COMMISSION ON ATTN: SARAH JOHNSON 1130 NW HARRIMAN AVE. SUITE A BEND, OR 97701 The policy of insurance listed below has been Issued to the Insured named below for the policy period indicated. The insurance afforded by the policy described herein is subject to all the terms, exclusions and conditions of such policy. POLICY NO. POLICY PERIOD 418410 10/01/2013 to 10/01/2014 INSURED: BROKER OF RECORD: CENTRAL OREGON BATTERING AND RAPE ALLIANCE VICTIM ADVOCACY SAVING GRACE:IMAGINE LIFE W/OUT VIOLENCE 1425 NW KINGSTON AVE BEND, OR 97701-2133 lIr;.rITS OF LIABILITY: 60dlly Injury by Accident $500,000 each accident Bodily Injury by Disease $500,000 each employee Body Injury by Disease $500,000 policy limit DESCRIPTION OF OPERATIONS/LOCATIONS/SPECIAL ITEMS: IMPORTANT: The coverage described above is in effect as of the issue date of this certificate. It is subject to change at any time in the future. This certificate 15 issued as a matter of information only and confers no rights to the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the poliCies above. This certificate does not constitute a contred between the issuing insurer, authorized representative or producer a nd the certificate holder. AUTHORIZED REPRESENTATIVE !?r?»-jF Rq:;.}4.iJ..-------. President <-Ind CEO 4(10 H'9ro Street S[ SaLeul, un 97::n '2. p 80D 2a~ ao7:' f. SDJ 3'138820 PoliCY Ba tch....Cl! r l iflr:-Ate(>f1ns\! r(In(e