HomeMy WebLinkAboutDoc 528 - High Desert ESD AgrmtDeschutes County Board of Commissioners
1300 NWWall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of November 12, 2014
DATE: November 7,2014
FROM: Nancy Mooney, Contract Specialist Phone: 322-7516
Health Services, Behavioral Health Division
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Document #2014-528, Agreement between High Desert
Education Service District and Deschutes County Health Services (DCHS).
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
This Grant outlines High Desert Education Service District's roles and responsibilities in
participation of the Healthy Families of the High Desert program. High Desert Education Service
District is a regional support system that links school districts in Central Oregon to state and
national education resources. Their programs help districts minimize duplication of services,
preserve their local budgets and receive special programs that might othelWise be unavailable to
them.
Healthy Families of the High Desert is Deschutes County's Healthy Start Program. It is a voluntary
home visiting program that assists families in giving their newborn children a "healthy start" in life.
The program offers weekly intensive home visits for first birth, high-need families and one-time
welcome home visit to all families with newborns.
Deschutes County Early Learning Division will contribute funds to the High Desert Education
Service District for the Healthy Families of the High Desert program. The High Desert Education
Service District will provide quarterly outcome reports to Deschutes County.
FISCAL IMPLICATIONS:
Maximum compensation is $345,406.99.
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
I
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: 1 September 26,20141
Department: 1 Health Services, Early Learning Division
Contractor/Supplier/Consultant Name: 1 High Desert Education Service Distric~
Contractor Contact: 1 Kathy Thompson 1
Type of Document: Grant
Goods and/or Services: This Grant outlines High Desert Education Service District's roles and
responsibilities in participation of the Healthy Families of the High Desert program.
Background & History: High Desert Education Service District is a regional support
system that links school districts in Central Oregon to state and national education resources.
Their programs help districts minimize duplication of services, preserve their local budgets and
receive special programs that might otherwise be unavailable to them.
Healthy Families of the High Desert is Deschutes County's Oregon Healthy Start Program. It is
a voluntary home visiting program that assists families in giving their newborn children a
"healthy start" in life. The program offers weekly intensive home visits for first birth, high-need
families and one-time welcome home visit to all families with newborns.
Deschutes County Early Learning Division will contribute $345,406.99 to the High Desert
Education Service District for the Healthy Families of the High Desert program. The High
Desert Education Service District will provide quarterly outcome reports to Deschutes County.
Agreement Start Date: 1 July 1,2014 1 Ending Date: 1 June 30, 2015
Annual Value or Total Payment: 1 Maximum compensation is $345,406.99.
Check all that apply:
D RFP, Solicitation or Bid Process
D Informal quotes «$150K)
~ Exempt from RFP, Solicitation or Bid Process (specify -see DCC §2.37)
Funding Source: (Included in current budget? ~ Yes D No
If No, has budget amendment been submitted? 0 Yes 0 No
9/26/2014
Is this a Grant Agreement providing revenue to the County? DYes IZI 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:
Distribution of Document: Ret
Department.
D
D~te
both originals to Nancy Mooney, Behavioral Health
Official Review:
County Signature Required (check one): I BOCC 0 Department Director (if <$25K)
o Administrator (if >$50K but <$150K ; if >$150K, BOCC Order No. _____
Legal Review Date\lZi V1V
Document Number =20~1.!....4.!....-=52=8~____
9/26/2014
For Recording Stamp Only
Contract for Subgrant Under
The Deschutes County Health Services Department, Early learning Division (ElD)
Contractor: High Desert Education Service District
Project: Healthy Families of the High Desert
Contact: Kathy Thompson, Healthy Families Coordinator
THIS CONTRACT, made and entered into by and between Deschutes County, a political
subdivision of the State of Oregon, hereinafter called "County," acting by and through the
Deschutes County Health Services Department, Early Learning Division, herein after called
the "EL Division", "ELD" or "County", and High Desert Education Service District, a
political subdivision of the State of Oregon, Federal Tax 10 #93-6002511, hereinafter
referred to as "Contractor."
RECITALS
WHEREAS, Contractor has submitted to EL Division its application for a subgrant award to
undertake the Project, as set forth in Exhibits A and B; and
WHEREAS, in reliance upon Contractor's application, and expressed willingness and
capability to undertake the Project pursuant to this Contract, County has selected
Contractor to perform the services set forth in this Contract in accordance with the attached
Work Plan and Budget; and
WHEREAS, Contractor has agreed to complete the Work Plan and the Contract in accordance
with the terms and conditions of all granting organizations managed by and through the EL
Division, now, therefore, in consideration of the mutual promises hereinafter stated, IT IS
HEREBY AGREED by and between the parties above mentioned, as follows:
1. DEFINITIONS
Application -The proposal provided by an applicant agency seeking funding. The
application helps define the service to be purchased and the use of EL Division resources.
Director . -The Director of the Deschutes County Health Services Department or the
Director's designee.
Grant -The application, award, and incorporated documents constituting an agreement
between County and the Oregon Commission on Children & Families Healthy Start, Great
Start, Family Support Services grants, and County General Fund to carry out the Project, as
defined in Exhibit A.
Page 1 of 32 -Early Learning Division -Contract No. 2014-528 -5~DC -2.01
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 retro actively effective at 12:01 a.m., July 1, 2014.
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
$345,406.99. 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. S",bcontractor 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.
Any delegation, subcontract, asslgnmentl or transfer without the prior written
Page 2 of 32 -Early Learning Division -Contract
Contract for Subgrant Under
The Deschutes County Health Services Department, Early Learning Division (ELD)
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 Contractors completion of the Work Plan in accordance with
the terms and conditions of the Grant, which is by this reference incorporated
herein.
b. Disburse Grant funds, as appropriate, upon timely receipt from Contractor of
complete and accurate reports and documents required by this Contract or
requested by County. Except as otherwise provided in this Contract, County will
disburse to Contractor on a quarterly basis throughout the length of the contract
within twenty-five (2S) days after receipt of the required items referred to in 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.
d. Compliance with FERPA. The Family Educational Rights and Privacy Act
(FERPA), 20 U.S.C20 U.S.C. § 1232g, applies to education records of individual
students held by Contractor. If County has access to personally identifiable
education records, it shall not disclose them to anyone and upon termination of
this Contract it shall destroy the personally identifiable education records.
County shall comply with all applicable statutes and rules related to FERPA and
education records.
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
Page 3 of 32 -Early Learning Division -Contract No. 2014-528
Contract for Subgrant Under
"rhe Deschutes County Health Services Department, Early Learning Division (ELD)
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.
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
Page 4 of 32 Early Learning Division Contract No. 2014-528
Contract for Subgrant Under
The Deschutes County Health Services Department, Early Learning Division (ELD)
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.
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, reaflocation 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 Contractor1s 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. Contractor1s representative signing this Contract
understands that any false or substantiafly 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.
Page 5 of 32 -Early Learning Division -Contract No. 2014-528
Contract for Subgrant Under
The Deschutes County Health Services Department, Early Learning Division (ELD)
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
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.100 to ORS 659A.409 and all regulations and
administrative rules established, pursuant to those laws in the conduct of all
programs, services and training associated with the Contract. These laws,
regulations and executive orders are incorporated by reference herein to the
extent that they are applicable to the Contract. Contractor shall comply with the
provisions of ORS 279B.220, 279B.230 and 279B.235, which are incorporated
by reference herein. Contractor shall comply with ORS 656.017 and provide the
required Workers' Compensation coverage, unless exempt under ORS 656.126.
b. Contractor shall obtain and continuously maintain all licenses, certificates,
authorizations and other approvals required by applicable law to deliver
services.
c. When utilizing federal Title XX block grant funds, the additional federal
requirements applicable to the Title XX block grant funds in 42 USC 1397 et
seq., including but not limited to: maintaining and providing to County such
documentation as the County shall require to comply with federal reporting
requirements; 45 CFR Part 96; and the limitations on the use of Title XX grants
Page 6 of 32 -Early Learning Division -Contract No.
Contract for Subgrant Under
The Deschutes County Health Services Department, Early Learning Division (ELD)
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
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 at! 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
Page 7 of 32 -Early Learning Division -Contract No. 2014-528
Contract for Subgrant Under
The Deschutes County Health Services Department, Early Learning Division (ELD)
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 OMS Circular A-87, Revised "Cost Principles for State,
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 OMS 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. OMS Circular A-l02, 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
Page 8 of 32 -Early Learning Division -Contract No. 2014-528
Contract for Subgrant Under
The Deschutes County Health Services Department, Early Learning Division (ELD)
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.
(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 falls 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.100 to 659A.409, 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
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/goficy/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
Page 9 of 32 -Early Leaming Division -Contract No. 2014-528
Contract for Subgrant Under
The Deschutes County Health Services Department, Early Learning Division (ELD)
funds that would, in the absence of funds under this Contract, be made
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
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 parqgraph 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 infiuence 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, officerr 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 "D" attached hereto
and by this reference incorporated herein.
w. Contractor shall comply with federal rules and statutes pertaining to the
Substance Abuse, Prevention, and Treatment Block Grant, including the
reporting provisions of the Public Health Services Act (42 USC 300x through
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The Deschutes County Health Services Department, Early Learning Division (ELD)
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.
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 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, 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 out of, or relating to
the activities of Contractor 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 County.
b. To the extent permitted by Article XI, Section 10, of the Oregon Constitution and
the Oregon Tort Claims Actl ORS 30.260 through 30.300, to the extent the Act
is applicable/ County shall defend, save, hold harmless, and indemnify
Contractor and its officers, employees and agents from and against all claims,
suits, actions, losses, damages, liabilities/ costs and expenses of any nature
resulting from or arising out of, or relating to the activities of County or its
officers, employees, contractors, or agents under this Contract, except for
liability arising solely out of the wrongful acts of employees or agents of the
Contractor.
14. Contract Amendments. The parties may from time to time request amendments to
this Contract. All such amendments, which are mutually agreed upon by and
between the parties, shall be reduced to writing and by reference incorporated
herein.
15. Early Termination. This Contract may be terminated as follows:
a. Mutual Consent. County and Contractor, by mutual written agreement, may
terminate this Contract at any time.
b. Party's Convenience. County or Contractor may terminate this Contract for
Page 11 of 32 -Early Leaming Division ~ Contract No. 2014-528
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The Deschutes County Health Services Department, Early Learning Division (ELD)
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:
(1) If funding from state or other sources is not obtained and continued at
levels sufficient to allow for the purchase of the indicated quantity of
services as required in this Contract. This Contract may be modified to
accommodate the change in available funds.
(2) If state laws, regulations or guidelines are modified, changed or
interpreted in such a way that the services are no longer allowable or
appropriate for purchase under this Contract or are no longer eligible for
the funding proposed for payments authorized by this Contract.
(3) In the event sufficient funds are not appropriated for the payment of
consideration required to be paid under this Contract, and if County has
no funds legally available for consideration from other sources.
(4) If any license or certificate required by law or regulation to be hetd 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. Prior to such termination, County shall give to
the Contractor written notice of the breach and intent to terminate. If the
Contractor has not entirely cured the breach within ten (10) calendar days of the
date of the notice, then County may terminate this Contract at any time
thereafter by giving notice of termination. The County, by written notice to the
Contractor, may 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;
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The Deschutes County Health Services Department, Early Learning Division (ELD)
(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 madei
(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 aqjudicated a bankrupt or insolvent, (v)
commences a voluntary case under the Federal Bankruptcy Code (as now
or hereafter in effect), (vi) files a petition seeking to take advantage of
any other law relating to bankruptcy, insolvency, reorganization, winding
up, or composition or adjustment of debts, (vii) fails to controvert in a
timely and appropriate manner, or acquiesces in writing to, any petition
filed against it in an involuntary case under the Bankruptcy Code, or (viii)
takes any action for the purpose of effecting any of the foregoing; or
(4) A proceeding or case is commenced, without the application or consent of
Contractor, in any court of competent jurisdiction, seeking (i) the
liquidation, dissolution or winding-up, or the composition or readjustment
of debts, of Contractor, (Ii) the appOintment of a trustee, receiver,
custodian, liquidator, or the like of Contractor or of all or any substantial
part of its assets, or (iii) similar relief in respect to Contractor under any
law relating to bankruptcy, insolvency, reorganization, winding-up, or
composition or adjustment of debts, and such proceeding or case
continues undismissed, or an order, judgment, or decree approving or
ordering any of the foregoing is entered and continues unstayed and in
effect for a period of sixty (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 shall be made as follows:
a. If terminated under subparagraphs 15 a through 15 c of this Contract, the
County shall pay Contractor for work performed prior to the termination date if
such work was performed in accordance with the Contract. County shall not,
however, pay Contractor for any obligations or liabilities incurred by Contractor
after Contractor receives written notice of termination.
b. If this Contract is terminated under subparagraph 15 d of this Contract, County
obligations shall be limited to payment for services provided in accordance with
this Contract prior to the date of termination, less any damages suffered by the
County.
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The Deschutes County Health Services Department, Early Learning Division (ELD)
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
sort arising solely from the termination of this Contract in accordance with its
terms.
I
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 Jawor in
equity. Such remedies may include, but are not limited to, termination of this
Contract, return of all or a portion of this Contract amount, payment of interest
earned on this Contract amount, and declaration of ineligibility for the receipt of
future contract awards. Additionally, County may complete the work either itself,
by contract with another Contractor, or by a combination thereof. If the cost of
completing the work exceeds the remaining unpaid balance of the total
compensation provided under this Contract, then the Contractor shall pay to the
County the amount of the reasonable excess.
I 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.1 d. If amounts previously paid to Contractor exceed the amount due to Contractor
under this Contract, Contractor shall repay any excess to County upon demand.
e. If the County breaches this Contract, Contractor's remedy shall be limited to
termination of this Contract and receipt of Contract payments to which Contractor
is entitled to the date of County's breach.
f. Neither County nor Contractor shall be held responsible for delay or default
caused by fire, civil unrest, labor unrest, riot, acts of God, or war where such
cause was beyond reasonable control of County or Contractor, respectively.
Contractor shall, however, make all reasonable efforts to remove or eliminate
such a cause of delay or default and shall, upon the cessation of the cause,
diligently pursue performance of its obligations under this Contract. For any delay
in performance as a result of the events described in this subparagraph,
Contractor shall be entitled to additional reasonable time for performance that
shall be set forth in an amendment to this Contract.
g. The passage of this Contract expiration date shall not extinguish or prejudice the
County's or Contractor's right to enforce this Contract with respect to any default
or defect in performance that has not been cured. Specifically, but without
limiting the generality of the preceding sentence, termination of this Contract
shall not affect County's right to recover from Contractor, in accordance with the
terms of this Contract, any financial assistance disbursed to Contractor that is
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The Deschutes County Health Services Department, Early Learning Division (ELD)
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
thi ngs 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
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 Contractorls 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
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The Deschutes County Health Services Department, Early Learning Division (ELD)
shall not bill County for any time expended to complete the documents necessary for
reimbursement of expenses or for payment under this Contract.
24. Criminal Background Investigations.
a. Contractor understands that Contractor is subject to periodic criminal background
investigations by County and, if such investigations disclose criminal activity not
disclosed by Contractor, such non-disclosure shall constitute a material breach
of this Contract and County may terminate this Contract effective upon delivery
of written notice to the Contractor, or at such later date as may be established by
the County.
b. Contractor shall take reasonable precautions to assure that Contractor's and its
subcontractors' employees and agents do not present a substantial risk of harm
to children who receive services from contractor or its subcontractors. Such
precautions 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. No one who has demonstrated behavior that may have a detrimental
effect on a child shall have access to children.
25. Reports. Contractor shall provide County with periodic reports at the frequency and
with the information prescribed by County. Further, at anytime, County has the right
to demand adequate assurances that the services provided by Contractor shall be in
accordance with the Contract. Such assurances provided by Contractor shall be
supported by documentation from third parties.
26. Access to Records -Audit. Contractor shall maintain fiscal records and all other
records pertinent to this Contract.
a. All fiscal records shall be maintained pursuant to generally accepted accounting
standards, and other records shall be maintained to the extent necessary to
clearly reflect actions taken. All records shall be retained and kept accessible for
at least three years following the final payment made under this Contract or all
pending matters are closed, which ever is later. If an audit, litigation or other
action involving this Contract is started before the end of the three year period,
the records shall be retained until all issues arising out of the action are resolved
or until the end of the three year period, whichever is later. Contractor shall
furnish County with its annual audits or reviews that relate in any manner to the
funds received under this Contract.
b. County, State of Oregon and the Federal Government and their authorized
representatives shall have the right to direct access to all of Contractor's books,
documents, papers and records related to this Contract for the purpose of
conducting audits and examinations and making copies, excerpts and transcripts.
These records also include licensed software and any records in electronic form,
computer hard drives, tape backups and other such storage devices. County shall
reimburse Contractor for Contractor's cost of preparing copies. At Contractor's
expense, the County, the Secretary of State's Office of the State of Oregon, the
Federal Government, and their duly authorized representatives, shall have license
to enter upon Contractor's premises to access and inspect the books, documents,
papers, computer software, electronic files and any other records of Contractor
which are directly pertinent to this Contract for the purpose of making audits,
examinations, excerpts, copies and transcriptions.
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The Deschutes County Health Services Department, Early Learning Division (ELD)
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, trademarkf trade secret, or any other state or federal intellectual property
law or doctrine. Contractor shall execute such further documents and instruments as
County may reasonably request in order to fully vest such rights in County.
Contractor forever waives any and all rights relating to Work Product, including
without limitation, any and all rights arising under 17 USC § 106A or any other rights
of identification of authorship or rights of approval, restriction or limitation on use or
subsequent modifications. County shall have no rights in any pre-existing work
product of Contractor provided to County by Contractor in the performance of this
Contract except to copy, use and re-use any such work product for County use only.
If this Contract is terminated prior to completion, and the County is not in default,
County, in addition to any other rights provided by this Contract, may require the
Contractor to transfer and deliver all partially completed work products, reports or
documentation that the Contractor has specifically developed or specifically acquired
for the performance of this Contract.
28. Materials. At all times, Contractor shall make reasonable efforts to use recycled
materials in the performance work required under this Contract.
29. Constraints. Pursuant to the requirements of ORS 2798.220 though 2798.235, 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
Page 17 of 32 -Early Learning Division -Contract No.
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The Deschutes County Health Services Department, Early Learning Division (ELD)
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
days, Monday through Friday, and
(3) For all work performed on Saturday and the following legal holidays:
• New Year's Day on January 1.
• Memorial Day on the last Monday in May.
• Independence Day on July 4.
• Labor Day on the first Monday in September
• Thanksgiving Day on the fourth Thursday in November.
• Christmas Day on December 25
• Each Sunday.
(4) An employer must give notice in writing to employees who perform work
under this Contract in writing, either at the time of hire or before
commencement of work on the Contract, or by posting a notice in a
location frequented by employees, of the number of hours per day and
days per week that employees may be required to work. Persons
employed under this Contract shall receive at least time and a half pay for
work performed on the legal holidays specified in any applicable collective
bargaining agreement or in ORS 279B.020(1)(b)(B) to (G) and for all time
worked in excess of 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 excess
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
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The Deschutes County Health Services Department, Early Learning Division {ELD}
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.
32. Insurance. In conjunction with all services performed under this Contract:
I
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
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The Deschutes County Health Services Department, Early Learning Division (ELD)
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
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.
Page 20 of 32 Early Learning Division -Contract No. 2014-528
Contract for Subgrant Under
The Deschutes County Health Services Department, Early Learning Division (ELD)
Delivery may be by personal delivery, facsimile, or mailing the same, postage
prepaid.
a. Any communication or notice by personal delivery shalf be deemed delivered
when actually given to the deSignated person or representative.
b. Any communication or notice sent by facsimile shall be deemed delivered when
the transmitting machine generates receipt of the transmission. To be effective
against County, such facsimile transmission shall be confirmed by telephone
notice to County's Director of Administrative Services.
c. Any communication or notice mailed shall be deemed delivered five (5) days after
mailing. Any notice under this Contract shall be mailed by first class postage or
delivered as follows:
To Contractor: To County:
Kathy Thompson, Healthy Families Coordinator Jane Smilie, Director
High Desert Education Service District Of Deschutes County Health Services
145 SE Salmon, Suite A 2577 NE Courtney Drive
Redmond, OR 97756 Bend, OR 97701
43. Survival. All rights and obligations shall cease upon termination or expiration of this
Contract, except for the rights and obligations set forth in Sections 16 and 17.
Dated this ___ of _____, 2014 BOARD OF COUNTY COMMISSIONERS
TAMMY BANEY, CHAIR
ANTHONY DEBONE, VICE CHAIR
ATTEST:
Recording Secretary ALAN UNGER, COMMISSIONER
HIGH DESERT EDUCATION SERVICE DISTRICT
DATED this ?O~day of O"hlc.r ,2014
I
Page 21 of 32 -Early Learning Division -Contract No. 2014-528
Contract for Subgrant Under
The Deschutes County Health Services Department, Early Learning Division (ELD)
EXHIBIT A -Part One
1. Contractor shall meet all performance outcomes as outlined in the attached Work Plan (see
Exhibit A attachment).
II. Contractor shall adhere to the following performance standards:
1. Target Population: ELD funds are allocated for the purpose of serving children ages 0
6 and their families. This standard does not apply to Central Oregon Council on Aging,
Redmond Senior Center, Latino Community Association, Bethlehem Inn/ Central Oregon
Veteran's Association, Cascade Youth and Family Center/ and KIDS Center.
2. Evidence-based, Best Practices and Outcome Oriented: The majority of ELD
resources will be expended on 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 32 -Early Learning Division -Contract No. 2014-528
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 (generaHy 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: Quarterly HFO Data to NPC
Quarterly reporting due dates:
October 15, 2014
January 15, 2015
April 15, 2015
July 15, 2015
Page 23 of 32 -Early Learning Division -Contract No. 2014-528
Deschutes County Early Learning Division (ElD)
ProgrsmlProject Work Plan/Quarterly Report
Provider: HDESD
Contilct(s}; Kathy Thompson
ProjectlActivltv: Healthy Families of the High Desert
Contract Period: 7/1/14 to 613012015
Exhibit A
Focus sl1la;
Family Functioning
Outcome: Families are Stable and Attached
Goal: Children are Protected and Safe
Q1 Q2
measured by percentage
children whose parents report
engaging in developmentally
appropriate interactions 3 times
per week or more (singing,
playing, etc) as reported on the
most recent Parent Survey.
Reported quarterly to NPC.
Results analyzed by NPC
annually.
receiving home
report a decrease In
_stness
64
95% of families receiving home visiting
services will report that they read to their
at least:3 times per week Target: 94
Page 24 of 32 -Early leaming Division -Contract No. 2014-628
Deschutes County Early Learning Division (ELD) exhibit A
Program/Project Work Plan/Quarterly Report
Provider: HDESD Focus area:
Contact(sl; Kathy Thompson Family Functioning
Project/Activity: Healthy Families of the High Desert Outcome: Families are Stable and Attached
Contract Period: 7/1/14 to 6/30/2015 Goal: Children are Protected and Safe
Family Support
Program/Parole &
Probation Project
Intensive Home Visiting
to reduce risk factors for
child maltreatment,
promote school readiness
and promote healthy
development maltreatment
Outcomes
services will report thet their children are
up-to-date on their immunizations
8a
Q1 Q2
Update
with ASQ data
_an age-appropriate
t Iscreenino has been conducteci-
Flaga 25 or 32 -Early LEoarning Division -Contract No. 2014-528
1'W"; "1, Pi M11h ¥tt2 lit t \'6t*,*,.'UM' $'i1eii')f:l!teI1!''''$ ctM£M' e'¥Mbh rC'M'WMiW"Yn' 'li::w.iH6s"n.tiSlWt..e..'ltfn tt""'UlQi'¥" 1i1UItWP."t,'IIiioiIi\i_'~:"~"'~
D&schutes County Early Learning Division IELDJ Exhibit A
Program/Project Wor1! PlanlQuarterly Report
Provider:
Contact(!):
Project/Activity:
Contract Period:
hncarceration/Parole &
I Probation Project to
child maltreatment
and imprOlie parenting
practices
HDESD
Kathy Thompson
Heallhy Families of the High Desert
711/14 to 613012015
Focus area:
Family Functioning
Outcome: Families are Stable and Attached
Goal: Children are Protected and Safe
home visiting services will report IU~YOU r·I
Start helped them to develop
social support system
P_26 of 3.2 -e....ly Learning Division -Contract No, 2014-52B
i'SWilI:: '1Ji:1'#t' 'W.'1itilli:MWM.t$ d*,tr ill fI""W"i£# It d" *"",';';"·",pf..1k &'~'"'IiI\" .'Iou-a ~" "'«>'O,,~.~...~.___ ,*It~
Deschutes County Early Learning Division (fLD) Exhibit A
PrQgramlProject Work Plan/Quarterly Report
PrQvider: HOESD Focus area:
Contact(s): Kathy Thompson Family Functioning
PrQjectiActivi!y: Healthy Families of the High Desert Outcome; Families are Stable and Attached
Contract Period: 7/1/1410613012015 Goal: Children are Protected and Safe
FSU Funding =$4.656
$257839.47/$.656:= 55 FSL
1 FSU = 1.8 families
55" 1.8 = 99 families
4656
55
99
Page 27 of 32 -early Leaming Division· Con1raC! No. 2014·528
BUDGET EXHIBITB
Program Name: Healthy Families Oregon and Healthy Families Parole & Probation
Payment Schedule: Quarterly
Contract Period: 71112014 to 6/30/2015
The budget must contain alleast 25% or $20,000 (whichever is less) of project funds in the form
of cash. The match must come from sources other than 1he ELD. Cash match is defined as
funds de!ived by fuodraising activities, grants or any source other than state general fund or
Federal Medicaid resources.
REVENUE -Source StateHFO
Amount Requested from ElD In this proposal: $345. 406.99 $ 279,326.19
HS GF -State HFO $ 219,326.19
HS MOOI-State HFO $ 60,000.00
FPS • State P&P
Great Start -State P&P
Alternatives to Incarceration· County P&P
User Fees/Program Fees
Other: Federal Funds
In-Kind Cash Equivalent -materials & services $ 25,000.00
Donationslfundraislng $15.000
Volunteer hours: (1296 hours @ $22.55) $ 29,224.80
Total Revenue is 348,550.99
% I Slate/County P&P
~' 66,080,80
17%
1$ 17,540.00
$ 12,040.80
$ 36,500.00
7%
4%
I 8%
100% $ 66,080.80
~$ Total
345.406.99
$ 219,326.82
$ 60,000.17
$ -
27% $ 17,540.00
18% $ 12,040.80
55% $ 36,500.00
i
$ 25,000.00
$15.000
$ 29,224.80
100% $ 414,631.79
Page 28 of 32 -"!!fly learning Division· Contract No. 2014-528
BUDGET· Expenses EXHIBIT B Cont.
Program Name: Healthy Families of the High Desert Healthy Start
Contract Period: 7/112014 to 6/30/2015
Program Name: Healthy Families Oregon and Healthy Families Parole & Probation
Expenditures
Healthy Families Oregon
Exp&ndltures
Healthy Families
Parole & Probation
(State Funded)
Expenditures
Healthy Families
Parole & Probation
(County Funded)
Other
Sources
HFO
---
Other
Sources
P&P
Total Program Cost
Administration Cost-
Indirect Charges for
Program Administration
Admin % cannot exceed 8% $ 19481__81 $ 2,063.78 $ 2546.51 $ 1046.00
$ .
$ 25144.16
Direct Service Personnel
List # at people and
FTE for each person
$ .
$ -
$ -
.4 FTE Program Manager $ 24275.75 $ 24275.75
.925 Supervisor $ 63847.55 $ 63847.55
.815 FTEHV $ 84 109.67 $ 54109.67
.45 FTE HV bilinQual $ 16655.78 $ 16655.78
.45 FTE H.v. (new) $ 14441.00 $ 14441.00
.5 FTE HV $ 19258.61 $ 19258.61
1.0 FTE H.Y. $ 33,165.66 $ 22,162.94 $ 55928.60
.17 FTE M.H. Specialist $ 3,790.04 $ 6732.00 $ 10522.04
.5 FTE H.v. $ 30163.45 $ 30163.45
PT SECRETARY/ADMIN
Total Direct Service Personnel
$ 4475.45
$ 230,229.47 $ 22,762.94 $ 33,953~9
$ 4,722.00 $ 9,1j)7~
$ 286,945.90
Materials & Services HS $ 16,108.85 $ 16,108.85
Materials & Services P&P $ 4,754.08 $ 4,754.08
Materials & Services OTHER $ 2,500.00 $ 2,500.00
Materials & Services Other-inkind $ 25,000,00
Office Supplies/Expenses HS $ 1,5D9,(jO $ 1500.00
Office Supplies/Exp&nses P&P --. $ -
Office SupplieslExp&nses OTHER $ -
Capital Equipment $ -
Staff OevelopmentlTraining $ 12,000.00 .. --$ 12,000.00
Volunteer Resources $ 29,224.80 $ 29,224.80
TOTAL: $ 279,326.19 $ 29,580.80 $ 36,500.00 $ 69,224.80 $ 414,631,79
Page 29 of 32 -Early Learning DIVIsion -Contract No. 2014-528
Contract for Subgrant Under
The Deschutes County Health Services Department, Early Learning Division (ELD)
EXHIBITC
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
ofthe 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 30 of 32 -Early Learning Division -Contract No. 2014-528
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, 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 31 of 32 -Early Learning Division -Contract No. 2014-528
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
$10,000 and not more t n 100,000 for each failure.
Date
Page 32 of 32 Early Learning Division ~ Contract No. 2014~528
GL·AL Certificate Summary Certificate Page 1 of 2
GENERAL LIABILITY a",::! AUT9 UABIUTY.ADDITlONAL PARTICIPANT CERTIFICATE
. AGENC'~'/A.Ga'fT.~ I.SSurNG CERTIFICATE
.
Prfnt,nDate: 9/3/2014
THIS CERTIFICATE 1$ ISSUeD AS A MAlTER OF INfORMATION
ONLY AND CONfERS NO RIGHTS UPON lllE CERTIFICATE HOLDER
PayneWest Insurance-Madras OlllER THAN THOSE PROVIDED IN THE COVERAGE DOCOMENTS.
P.O. Box6aO THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER WE
Madras, OR 97741 COVERAGE AfFORDED BV THE COVERAGE DOCUMENTS USTED
Stacey Anderson HEREIN. THIS CERTIFICATE DOES NOT CONsnTUE A COf'ITRACT
(541) 475-2249 BEtWEEN ANY OF THE FOLLOWING PARTIES: THE AGENCY, NAMED
PARTICIPANT, CERTIFICATE HOLDER AND/OR COMPANIES
AffORDING COV?AAGE,
.. ..
NAMED PARTICIPANT/MEMBER -!U!9UESTING CERTIFICATE OR.GANIZATIONS AFPORDING COVERAGE
High Desert E.il.D. ......
CompaAY A -Property Casualty CoYer!llle for Education (PACE)
. 145 S.E. Salmon Avuenue, Suite a
. Redmond, OR 9nS6-8427 Company B -Genesis InSIJrance Company ..
Gregg Munn
{5~1)693-S6.11.i .~.. ,... .... , .. , '.' ..
COVERAGES
This is to certifY that Coverage Documents listed bereln heve been Issued to the Named Participant n.r.ln tOr tt,~ Ow8rag" ~Indlcatl!d. Notwithstanding any
reqUirement. term or alndillon of any contract or other documoot with respe<:t to which the certfficate may be issued or may pertain, the coverage affOrded by the
Coverage Documents .lIstEd herein Ls subject to all the terms, condltloos and exdu.slon. 0/ ""en Coverage Dacumenbs. Aggregate Umlts which are shown may have
. been reduced by paid ClaimS, SUIIs·or Actlons. The tttres r1!feren~ under Type of Coverage are Inserted ",,[ely ror convenience of rereren~ and shall riot be 'deemed In
.nywa'i to 1I"!1t or ~frt¢tlI<> P!PVI.$I!S to wllld1they relate. . '
oRieo Coverage
..
a;xplriltioriTvpe of Coverage Effective Date limits lTR Document Date
General Liability ~ner.1 Agg"'!]lJte $20,OOa,ooo.
X . eommorclal GenerallJalllllty
X :Pubtk: OItIcIol$ Uablnty 29P60191-1008 7/1/7014
A X I!l1IJ)Ioyn1ent prad!a5 Uability .
6 7/U201S
X OcoJrence Form Each Occurreru>! f10,OQl),OOO
Employment iiradlces DedUctlbloifsm: $1.000
Wrongful Ac1;s lleductIbie/SfII.: 4>1,000
.., ..
G.....eral uability Deductible/SIR: $1,ODO
*$5,000 Minimum deductible fur terminations II PACf Dr approyed lega' collnsel Is out consulted
prior to an .""'PioylJleslt. termlrlatlon •
... ..._-" .........
Automobile Liability General AOO regatl! $2C,OOO,1lOO
X Stl1_Autos
A X : Hw.l Autos a Non·Owned Autos 29P00191-1000 7/1/2014 7/1/2015B , Each Ocwrrence $lD,OOO.OOO
X OtXurrenw Form
X Deductlble/SlR: $1,000
.. . ,..-
Itemarks; When reqlllJed by lin Insu,,", CcnIrac:t ,,,,uncat. holder Is on Iddltlonal plIrtidpantln l'espects!o fAN, FIrst Step, uttle Step, ReadY Set Go, Hnllhy
BogInnJnos. but only with nspet.!s t<> ~ao delms for Bodily 1'\IUll', Property Da!1'la!lt Dr PersonollnjJly wll",. the :4amed Pillldlltnt Is d ...... ed t.l""" lIabBny.
In no event shaD ""ver"ll" _!xi ..Vperty rar any .~aIJn, Suit Dr AdIon, 1Io_.r or ""'••ev.......erted. ""'log out: .fth. tAlrtlll<:ate holder'.. 50Ie negllge",o of (0(
any ClaIm, SUit or Actlon which OO>Jrs ptlOrb> tile _on or the tonlrat:t or a9""'menL
'In"""'~on Is prevlded. OS.of!lle dobo lids trillcat. was g""....ted and .........d Is oubj'ect to chang ••
Certificate HQlder -Requesting Certificate CANCELLATION: Should any of the Coverage Documents herein be cancelled before the
Deschutes county, the Deschutes County Health Dept., expiration date thereof, PACE will endeavor to provide notice In accordance with the PACE
Early learning Dlvlson, and their Bfficers, agents, General uablUty Coverage Document provisions. failure to mall such notice shaUlmpose
employees and volunteers nQ obligation Dr I'ebllity of any kind upon PACE, Its .gents or representatives, or the ls$uer
1130 NW Harriman, suite I>. o(thls c~rtlfIcllte.
Bend, OR 97701
Authorized Representative of Named PartlcJpsnt:
Dote:
httn<:·/fmhr "rl~o f>.nmlf'P.:rt"/('.Art? R<:n?'PnHr.v=?Q'Ph01Ql-100R&PGM=PAC:P..&Year-currenL. 9/312014
GL-AL Celtificate Summary Certificate Page 20f2
Applicable COverage Document Definitions:
The following definitions are provided solely for convenience 01 reference and shall not be deemed in any way to limit or affect the provisions to which
they relate, for complete details on the terms, conditions Bnd exclusions of appiJcable Covel1lge Documents please refer to the PACE Liability Coverage
Document.
Participant means:
1. The Named Participant and each 01 the folloWIng while acting within the course and scope of theirdutles as such:
a. Members ofthe Board;
b. Executive Officers;
c. Employees;
d. VOlunteers and Agents; . .
e. Registered Students whose course study Includes on-the-job training, but only while acting iJnder directions and within the scope of their
activities performed While in training;
f. Student Organizations, Parent Teacher Organizations, Booster Clubs and Foundations under the 1urlsdiction and supervision of the governing
board; and
g. Any person, entity or any organization the Named Participant is required DY an Insured Contract to Include as a Participant. This coverage wllll>e
limited to the extent of coverage and Limits of Liability required by the Insured Contract and will not Increase the limits stated In SECTION V.
LIMITS OF LIABIUTY or alter any of the terms ot coverage stated I" this Coverage DocUment. The Insured Contract must be effective and
executed prior to a covered Occurrence or Wrongful Act. In no event shall coverage under this Coverage .Document extend to any party for any
Claim however or whenever asserted, arISing out of such partv's sole negligence. (1) The term "AddiUonal Insured" if used In an Insured Contract
shall be understood to mean the same as Additional Participant.
2. With respect to:
Mobile Equipment or anv Auto, any person Is a Participant while driving such Auto or Mobile Equipment with a Named Participant's permission. Any
person, entity, or organization responsible for the conduct of such person Is also a Participant, but only with· respect to ·Bodlly Injury or Property Damage
arising out of the operotlon of the Auto or MODlle Equipment. Howeiler, the owner or anyone else from whom a Named PartiCipant hires or borrows an
Auto IS a Participant only If that Auto 15 a trailer connected to an Auto a Named Participant owns. However, no pe·rsori, entity, or orgMlzation Is a
Participant under this paragraph 2. with respect to:
a. Property Damage to property owned by a Named Participant at the employer of any person who is a Participant under this provision;
b. Any Auto a Named Parliclpant hires Dr borrows from one of a Named Participant's Employees, volunteers or members of their households, If they
are the owner of such Auto, unless acting WIthin the scope of their duties on aNamed Parlieipant's behalf;
c. Any Auto being used by a person employed in the business of seiling, serVicing, repairing, or parking Autos unless they are a Named Participant's
Employees; or
d. The movement at propertv to or from an Auto except a Named PartiCipant, a Named Participant'. Employees, lessees or borrowers of such Auto,
Bnd any employee of the lessees or borrowers.
Insured Contract means:
1. A legally enforceable contract that includes One Or all of the following:
a. A lease of premises as It relates to tort liabilities assumed by the Named Participant arising out of the lease, such assumption occurring in writing
prior to the date of Occurrence;
b. A sidetrack aQreement;
c. Any easement or license agreement;
d. An obligation, as required by ordinance, to Indemnify a Public Body;
e. An elevator maintenance agreement;
f. That part of any other contract or agreement pertaining to the Named Participant's operations (Including an Indemnification of a Public Body In
connettion with work performed by or for a Public Body) under which the Named Participant assume the tort liability of another person or entity
to pay (or BodilV In1ury, Property Damage or Personal Injury to a third person or organization, provided the Bodily Injury, Propertv Damage or
Personal Injury Occurs subsequent to the e.ecution o( the contract or agreement; and
g. Contracts lor services wIth Public Bodies.
2. An Insured Contract does not Include that part of any contract or agreement:
a. That indemnifies an architect, engineer or surveyor acting as an Independent contractor for Injury or Damages arising out of professional errors
or omfssions;
b. That indemnifies any person or organization for Damages by fire to premises rented Dr loaned to the Participant: and
c. That involve the purchase or sale of real property or personal property.
an 1')(\1 A
www.saif.com saifcorporation
July 15,2014
HIGH DESERT EDUCATION SERVICE DISTRICT
145 SE SALMON AVE STE A
REDMOND, OR 97756·8427
Policy Number: 246652
Dear Policyholder:
Your workers' compensation insurance policy with SAIF Corporation renewed on July 1, 2014.
Enclosed is your policy Information page that shows your estimated payrolls, premium modifiers,
and estimated premium amount. All previous policy endorsements continue to apply unless they
have been cancelled or amended.
We've also provided some key information below. You'll find everything else you need to know
about your policy. workplace safety. filing and managing a claim, and more in.the easy-to-use
Employer Guide on our website. Just go to saif.com and click "I am an employer." You can
request printed information on topics of interest to you and your workers by calling us at
503.373.8000 or 800.285.8525, or by emailinguwpayroll@saif.com.
Payroll reporting I At the end of each annual reporting period, we'll send you a fonn to report
the actual payroll for your covered workers for that period.
For more on payroll reporting, see these key pages on saif.com:
-Learn how to complete your payroll report: saif.com/lnstructions
-View details on the requirements for reporting your payroll by class:
saif.com/class
-See an explanation of who is covered (also called "subject workers") and who is
not: saif.comlwhomiscovered
-Leam when to report a worker in multiple classlflcations: saif.com/vtr
For your convenience, you can report your payroll and make your payments online.
Go to the Employer Guide on saif.com and log into (or register for) Business Online.
Your premium I Payment options based on your estimated premium of $110,337.00 are
listed below.
Installment Payment Plan
Due Date Amount
07/10/2014 $110,337.00
Please notify us of any changes in your business.
Premium audits! Our goal is to ensure accurate payroll reporting --we want you to pay only
what you're required to pay. Premium auditors verify that you have reported the correct payroll
in the proper classification. learn more about the premium audit process at saif.comlpremiumaudit.
Nondisabling claim reimbursement I This program could help you reduce or eliminate
costs that are considered when detennining your future experience rating modification factors.
Learn more about the program and billing options at saif.com/ndr.
400 High st SE I Salem, OR 97312 ( P: 800285.8525
saiFcorporationPolicy No: 246652
Page 2
Workplace safety and health I You may request workplace safety and Industrial hygiene
assistance by contacting JUlia A Means at 541.383.2211 or by email atjulmea@saif.com.
Safety professionals will assist you in analyzing your operations,hazards, injury records, and
management controls.
In addition, they will help you:
-Learn how to conduct onsite health and safety surveys
-Assess your safety and health programs
~ Learn to identify and evaluate safety training requirements, best practices, and
available resources
-Understand your responsibilities and the rules which pertain to your workplace under
the Oregon Safe Employment Act (OSEA) and the Oregon Occupational Safety and Health
Division. (OR-OSHA). OSEA and OR-OSHA require employers to provide a safe and
healthful workplace and to do everything reasonably necessary to protect the life,
health, and safety of their employees. Learn more at www.orosha.org or 800.922.2689.
You also can find expert workplace safety information in the comprehensive safety section
on our website by going to saif.com and clicking "I am an employer." Note: You have the right
to contact OR-OSHA if we fail to provide loss prevention services as offered or requested.
Your policy information page includes any changes that may have been added to your policy.
Please review it and let us know if any information needs to be updated. Remember
to notify us of any chang~s to your business.
As the leading workers' compensation insurance provider in Oregon. our goals are to provide you
exceptional service at an affordable price. and to help you make your workplace as safe as possible.
We appreciate the confidence you have placed In us in the past and we look forward to working
with you during the coming pOlicy year.
If you have any questions or need assistance. please contact Nancy L Overstreet
at 541.383.2080. .
Sincerely,
iLv /lillt
John D. Gilkey, Interim President and Chief Executive Officer
Enclosures
RGREN 400 HIgh 51 SE I Salem. OR 97312 P: 800.285.8525
saifcorporation Carrier No: 20001
Information Page
Policy No; 246652
Employer Identification No: 93-6002511
NCCI Risk 10 No: 3608B6131
Item 1. The Insured: Entity Type:
HIGH DESERT EDUCATION SERVICE DISTRICT POLITICAL SUBDIVISION: SCHOOL
Mailing address:
HIGH DESERT EDUCATION SERVICE DISTRICT
145 SE SALMON AVE STS A
REDMOND, OR 97756-8427
Other workplaces not shown above:
REDMOND EDUCATION CENTER, 1212 NE FIFTH STREET, REDMOND, OR 97756-8427
ROSIE BAREIS CAMPUS, 1029 NW 14TH, BEND, OR 97701
LAPINE COMMUNITY CAMPUS, 51605 COACH ROAD, LAPINE, OR 97739
FAMILY RESOURCE CENTER. 205 E FOURTH STREET. PRINEVILLE, OR 97754
OBSIDIAN MIDDLE SCHOOL, 1335 SW OBSIDIAN AVE, REDMOND. OR 97756
BECKY JOHNSON CENTER, 412 SW 8TH ST, REDMOND, OR 97756
BEND EDUCATION CENTER. 520 NW WALL ST, BEND, OR 97701
ALYCE HATCH CENTER, 1406 JUNIPER ST, BEND, OR 97701
SUMMIT HIGH SCHOOL, 2855 NW CLEARWATER, BEND, OR 91701
PILOT BUTTE MIDDLE SCHOOL, 1501 NE NEFF, BEND, OR 97701
BEAR CREEK ELEMENTARY, 51 SE 13TH ST, BEND, OR 97701
JUNIPER ELEMENTARY, 1300 NE NORTON ST. BEND. OR 97701
THREE RIVERS ELEMENTARY, 56900 ENTERPRISE DR,BEND, OR 97707
BROWN EDUCATION CENTER, 850 SW ANTLER. REDMOND, OR 97756
TUCK ELEMENTARY, 209 N 10TH ST, REDMOND, OR 97756
MANZANITA BUILDING, 1212 NE 5TH STREET. REDMOND, OR 97756
EDUCATION CENTER. 471 OCHoeo PLAZA DR, PRINEVILLE, OR 97754
TAMARACK BLDG. 2480 NE TWIN KNOLLS DR, BEND. OR 9770.1
BEND HIGH SCHOOL, 230. NE 6TH STREET, BEND, OR 9770.1
TOM MCCALL ELEMENTARY, 1200. NW UPAS AVENUE, REDMOND, OR 97756
EVERGREEN ELEMENTARY, 437 S 9TH STREET, REDMOND, OR 97756
CULVER HIGH SCHOOL, 412 WEST E STREET, CULVER, OR 97734
saifcorporationPolicy No: 246652
PagE:} 2
Information Page
Other workplaces not shown above (continued):
LA PINE MIDDLE SCHOOL, 16360 1ST STREET, LA PINE. OR 97739
MADRAS WESTSIDE ElEMENTARY, 410 SW 4TH STREET, MADRAS, OR 97741
REDMOND HIGH SCHOOL, 675 SW RIMROCK DR. REDMOND, OR 97756
TERREBONNE COMMUNITY SCHOOL, 1199 B STREET, TERREBONNE, OR 97760
VERN PATRICK ELEMENTARY, 3001 SW OBSIDIAN, REDMOND, OR 97756
WARM SPRINGS EIECSE, 1257 KOTNUM RD, WARM SPRINGS, OR 97761
CROOK COUNTY SCHOOL DISTRICT, 471 NE OCHOCO PLAZA DR. PRINEVILLE, OR 97754
SISTERS SCHOOL DISTRICT, 525 EAST CASCADE AVE, SISTERS, OR 97759
Item 2. The policy period is from 07-01-2014, 12:01 A.M. to 07-01-2015,12:01 A.M. at the insured's mailing
address
Item 3. A. Workers Compensation Insurance: Part One of the policy applies to the Workers
Compensation Law of the states listed here: OREGON
B. Employers Liability Insurance: Part Two of the policy applies to work in each state listed In
item 3.A. ,The limits of our liability under Part Two are:
BodHy Injury by Accident $500,000 each accident
Bodily Injury by Disease $500,000 each employee
Bodily Injury by Disease $500,000 policy limit
C. Other States Insurance: Part Three of the policy applies to the states, jf any, listed here:
NONE
D. This policy includes these endorsements and sehedules:
WC360402 Oregon Contracting Classification Premium Adjustment Endorsement
WC360601 E Oregon Cancellation Endorsement
WCOOO421C Catastrophe (other than Certified Acts ofTerrorism) Premium End
WCOOO422A Terrorism Risk Insurance Prog Reauthorization Act Disclosure End
WC000414 Notification of Change in Ownership Endorsement
WC99040tB Premium Payment Rating PIan Endorsement
WCO00406A Premium Discount Endorsement
WC360406 Premium Due Date Endorsement
WC360301 Oregon Unsafe Equipment Exclusion Endorsement
WC990616 Confldentianty Endorsement
Item 4. The premium for this policy witt be determined by our Manuals of Rules. Classifications, Rates and Rating
Plans. The premium and rates and the experience rating modifICation factor, If any, may change on
your anniversary rating date of 07-01 ~2015. All information required below is subject to verification and
change by audit. .
Policy No: 246652 saifcorporation
Page 3
Information Page
Class Description
Estimated
Policy Period
Payroll
Rate Per
$100 of
Payroll
Estimated
Premium
Period: 07/01/2014 -06130/2015 .
High Desert Education Service District·
8868 01 School-Professional Emp & Clerical
9101 03 Collage/Schools-AI Other Emp
510230 DoorlWlndow-lnsll-A1I-RsdntllCmrcl
5213 01 Concrete Construction Noc
5403 28 Carpentry-Comm Or Dwell Over 3 Stor
5403 29 Siding All Type Comm Or Dwell Over
5437 02 Carpentry-Finish Work Only
6217 05 Excavation-Noc-& Dr
6229 01 ImgationlDrain Syst Const & Dr
901533 Buildings-Ops By Owner/!-essee & Dri
Total Payroll
Manual Premium
Experience Rating Modification
Estimated Premium
Total Estimated Premium
Prepay Discount
Estimated Standard Premium
Premium Discount
Terrorism Premium
Catastrophe Premium
Estimated Policy Period Premium
$14,647,117 0.53
$42,390 4.53
$0 5.00
$0 6.98
$0 8.39
$0 8.39
$0 6.47
$0 6.21
$0 10.29
$0 4.25
$14,689,507
DCBS Assessment@ 6.20% on $103,895.57 (excludes Part Two & Federal Premium)
Total Estimated Policy Premium Including DCBS Assessment
Policy Minimum Premium: $500
Your policy premium is based on your current estimated premium and may be prorated for
policies in effect for less than a fuB year or adjusted based on actual payroll by classification.
Terrorism Premium is in addition to Policy MInImum PremIum.
Catastrophe Premium Is in addition to Policy Minimum Premium.
Payroll Reporting Frequency: Annual
$77,629.72
$1,920.27
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
--~
$79,549.99
x 1.5400
$122,506.98
$122,506.98
$4.893.00
$117,613.98
$16,656.31
+ $1,488.95
+ $1,468.95
$103,895.57
+ ~6,441.52
$110,337.09
Policyholder Option to Reimburse SAiF Corporation for Medical Expenses (Nondisabling Claims
Reimbursement Program):
This policyholder has chosen to enroll in the Nondlsablfng Claims Reimbursement program with an annual claim evaluation.
This information page is part of your policy.
Countersigned on 07-15-2014 at Salem, Oregon 1!:u~i~~::Z P_~ent
WC000001A and Chief Executive Officer
YIfWW.saif.com saifcorporation
Carrier No: 20001 Endorsement No: WC990401B
Policy No: 246652
HIGH DESERT EDUCATION SERVICE DISTRICT
145 SE SALMON AVE STEA
REDMOND, OR 97756-8427
Premium Payment Rating Plan Endorsement
The amounts due for this policy are adjusted by application of the rating factor shown below,
which corresponds to your premium payment rating plan. The estimated premium remitted
in advance during the policy year will be the basis for the pre--pay discount calculation.
The pre-pay discount will not be applied to adjustments in standard premium or premium
remitted after inception of the corresponding period of coverage. The discount will not
apply if the discount reduces premium below minimum premium.
Premium Payment Rating Plan Rating Factor
Annually .96
Effective Date: 07-01-2014
This endorsement is part of your policy. This endorsement amends and controls anything to the
contrary. It is otherwise subject to all other terms of your policy.
Countersigned 07-15-2014at Salem, Oregon
217a 1:!;:iI~:~President
and Chief Executive Officer
400 High St Sf I Salem, OR 973121 P; 800285.8525