HomeMy WebLinkAboutDoc 602 - Family Drug Court Grant,
Deschutes County Board of Commissioners
1300 NWWall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of October 3, 2011
Please see directions for completing this document on the next page.
DATE: September 28, 2011
FROM: Sheryl Hogan, Quality Improvement Specialist Phone: 322-7571
Health Services--Behavioral Health Division
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Document #2011-602, Criminal Justice Commission,
Family Drug Court Grant.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
The Criminal Justice Commission's (CJC) purpose is to improve the efficiency and
effectiveness of state and local criminal justice systems by providing a centralized and
impartial forum for statewide policy development and planning. CJC provides services to
the Oregon criminal justice community through the administration of federal grant
programs that reduce drug use and violent crime and improve the effectiveness of the
criminal justice system. CJC administers several state and federal grant programs,
including the Edward Byrne Memorial Justice Assistance Grant (JAG) Program.
The goal of the Byrne/JAG Drug Court Grant Program is to support existing drug courts
serving adults, juveniles and families, with a particular emphasis on stabilizing programs
that are facing budget cuts and operating with reduced resources or facing closure. Drug
courts have been shown to be a cost-effective way to increase engagement and
completion of chemical dependency treatment, reduce criminal recidivism, reduce alcohol
and drug use, and impact many other public systems.
Deschutes County Family Drug Court is a court-supervised intensive treatment program,
typically lasting 12 to 18 months, to serve parents who have had their children removed
from their custody or are at risk of having their children removed as a result of substance
abuse. Family Drug Court is coordinated and closely monitored by the court under the
direction of Judge Brady. Representatives from partner agencies are organized as a
treatment team. Together, the team develops and supervises treatment plans for drug
court participants and their families.
The goals of drug court are to:
• Lessen impact of methamphetamine and other illegal drug use on community law
enforcement agencies, courts and corrections
• Reduce community rates of addiction and substance abuse
• Help drug abusing parents and pregnant women to become sober and responsible
caregivers
• Create safe environments in which children are healthy and safe from abuse and
neglect
• Promote positive, pro-social behavior
Individual treatment plants are developed for all drug court participants and tailored around
the unique needs of parents and families. Basic expectations of a/l participants are:
• Frequent court appearances
• Frequent random drug testing
• Intensive drug and alcohol treatment
• Mental health treatment if appropriate
• Community based self help/recovery meetings (12-step, AA, NA, MA DDA etc.)
• Regular probation reporting
• Parent coaching
• Health, wellness and treatment of children
• Health, well ness and treatment of parents
• Communicable disease testing and referral
• Vocational Rehabilitation
• Employment
Participants receive incentives for program compliance and progress on their treatment
plan. Individualized treatment interventions and sanctions are given for non-compliance.
As a participant progresses, the treatment plan is adjusted with less frequent drug testing,
therapy sessions, probation reporting and court attendance.
FISCAL IMPLICATIONS:
Maximum compensation of $252,349.
RECOMMENDATION & ACTION REQUESTED:
Behavioral Health recommends approval.
ATTENDANCE: Sheryl Hogan, Quality Improvement Specialist
DISTRIBU1"ION OF DOCUMENTS:
An executed copy to:
Nancy England, Contract SpeCialist, Health Services
DESCHUTES COUNTY DOCUMENT SUMMARY
(NOTE: This form Is required to be IUbmitted with All contracts and other agreements. regardl...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 Requeat Form Is also required. If this form Is not Included with the document. the document will be retumed to
the Department. Please submit documents to the Board Secretary for tracking purposes. and not directly to legal Counsel. the
County Administrator or the Commisslone.... In addition to submitting this form with your documents. please submit this form
electronically to the Board Secretary.)
Please complete aH sections aboVe the OffIcIal Review line.
Date: I September 19, 2011 I
Department: I Health Services, Behavioral Health Division
Contractor/Supplier/Consultant Name: I Oregon Criminal Justice Commission I
Contractor Contact: I Craig Prins, Director I
Type of Document: Intergovernmental Grant Award
Goods and/or Services: The Criminal Justice Commission's (CJC) purpose is to
improve the efficiency and effectiveness of state and local criminal justice systems by
providing a centralized and impartial forum for statewide policy development and
planning.
Background & History: CJC provides services to the Oregon criminal justice
community through the administration of federal grant programs that reduce drug use
and violent crime and improve the effectiveness of the criminal justice system. CJC
administers several state and federal grant programs, including the Edward Byrne
Memorial Justice Assistance Grant (JAG) Program. The goal of the Byrne/JAG Drug
Court Grant Program is to support existing drug courts serving adults, juveniles and
families, with a particular emphasis on stabilizing programs that are facing budget cuts
and operating with reduced resources or facing closure. Drug courts have been shown
to be a cost..affective way to increase engagement and completion of chemical
dependency treatment, reduce criminal recidivism, reduce alcohol and drug use, and
impact many other public systems.
Deschutes County Family Drug Court is a court-supervised intensive treatment
program, typically lasting 12 to 18 months, to serve parents who have had their children
removed from their custody or are at risk of having their children removed as a result of
substance abuse. Family Drug Court is coordinated and closely monitored by the court
under the direction of Judge Brady. Representatives from partner agencies are
organized as a treatment team. Together, the team develops and supervises treatment
plans for drug court participants and their families.
The goals of drug court are to:
• Lessen impact of methamphetamine and other illegal drug use on community law
enforcement agencies, courts and corrections
• Reduce community rates of addiction and substance abuse
• Help drug abusing parents and pregnant women to become sober and
responsible caregivers
OllonOll
• Create safe environments in which children are healthy and safe from abuse and
neglect
• Promote positive, pro-social behavior
Individual treatment plants are developed for all drug court participants and tailored
around the unique needs of parents and families. Basic expectations of all partiCipants
are:
• Frequent court appearances
• Frequent random drug testing
• Intensive drug and alcohol treatment
• Mental health treatment if appropriate
• Community based self help/recovery meetings (12-step, AA, NA, MA DDA etc.)
• Regular probation reporting
• Parent coaching
• Health, well ness and treatment of children
• Health, well ness and treatment of parents
• Communicable disease testing and referral
• Vocational Rehabilitation
• Employment
PartiCipants receive incentives for program compliance and progress on their treatment
plan. Individualized treatment interventions and sanctions are given for non
compliance. As a participant progresses, the treatment plan is adjusted with less
frequent drug testing, therapy sessions, probation reporting and court attendance.
Agreement Starting Date: I July 1, 2011 I Ending Date: I June 30,2012 I
Annual Value or Total Payment: I Maximum compensation is $252,349 I
Check all that apply: o RFP, Solicitation or Bid Process o Informal quotes «$150K)
~ Exempt from RFP, Solicitation or Bid Process (specify -see Dee §2.37)
Funding Source: (Included in current budget? I2Sl Yes 0 No
If No, has budget amendment been submitted? 0 Yes 0 No
Is this a Grant Agreement providing revenue to the County? I2Sl Yes 0 No
9/19/2011
Special conditions attached to this grant: ITerms/Conditions outlined in Exhibit A
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: D Yes ~No
Departmental Contact and Title: I Nancy England, Contract Specialist
Phone #: I 541-322-7516 I
Department Director Approval: q1-0 n
Si at re Date
Distribution of Document: Return both or Inals to Nancy England, Health Services
Department.
Official Review:
County Signature Required (check one): IX! BOCC 0 Department Director (if <$25K)
o Administrator (if >$25K bU~~If >$15OK, BOCC Order No. )
Legal Review ~? ~~ Date 1-"2-7-(1
Document Number _20:..1:...,::1.....;;-6:;.;:0=2'---______
I
_ . Criminal Justice Commission ~i...-~g ourt Implementation and Enhancement Grant Program
REVl tW}
LEG~L COUNSEl -885 Summer Street NE
Salem, OR 97301
GRANT AWARD AGREEMENT AND PROVISIONS
DATE:
PROGRAM NAME:
07/01/11 GRANT #
Deschutes County Family Drug Court
DC009-12
ADMINISTERIN G
AGENCY:
Deschutes County Health
Services
GRANTEE:
ADDRESS:
Deschutes County, acting
by and through its
Department of Deschutes
County Health Services
2577 NE Courtney Drive
Bend, OR
TOTAL AWARD:
AWARD PERIOD:
$252,349
July 1, 2011 through June
30,2012
PROGRAM CONTACT:
Sheryl Hogan
TELEPHONE: 541-322-7571
FISCAL CONTACT: Sherri Pinner TELEPHONE: 541-322-7509
BUDGET
REVENUE
CJC Grant Funds $252,349
TOTAL REVENUE: $252,349
EXPENDITURES
Personnel $14,441
Con tract/Consultant $237,908
TOTAL EXPENDITURES: $252,349
DC -2011-6
GRANT AWARD AGREEMENT AND PROVISIONS
I. Provisions of Award
A. Agreement Parties. This Agreement is between the State of Oregon, acting by and through its Oregon
Criminal Justice Commission, hereafter called C]C, and the forenamed Grantee.
B. Effective Date and Duration. Tills i\greement shall become effective on the date this Agreement has been
fully executed by every party. Unless extended or terminated earlier in accordance with its terms, this
Agreement shall terminate on June 30,2012. Agreement termination shall not extinguish or prejudice C]C's
right to enforce this Agreement with respect to any default by Grantee that has not been cured.
C. Grant .A ward and Performance :\feasures. In accordance with the terms and conditions of this .\greement,
Grantee shall implement the Drug Court Implementation and Enhancement Grant as described in the Program
Narrative, Goals, Outputs, and Performance ?vfeasures of Grantee's Grant Application (the "Program") and
accomplish Program activities and performance measures as stipulated in the agreed upon progress report.
D. Agreement Documents. This Agreement consists of the following documents, and any other document
referenced, which are listed in descending order of precedence: this "\greement and Exhibit "\ (Grant
.\pplication).
E. Source of Funds. Payment for the Program will be from:
_X_the Edward Byrne Memorial Justice .\ssistance Grant Program funds, CFDA #16.738;
_X_General Funds.
F. .i\ferger Clause; Waiver. This .\greement and referenced documents constitute the entire "\greement between
the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or
written, not specified herein regarding this Agreement. No waiver, consent, modification, or change of terms
of this .\greement shall bind all parties unless in writing and signed by both parties. Such waiver, consent,
modification, or change, if made, shall be effective only in the specific instance and for the specific purpose
given. The failure of C]C to enforce any provision of this Agreement shall not constitute a waiver of C]C of
that or any other provision.
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TERMS AND CONDITIONS
II. Conditions of Award
A. The Grantee agrees to operate the Program as described in Grantee's application and to expend funds only in
accordance 'W-ith the approved budget unless the Grantee receives prior written approval by C]C to modify the
Program or budget. Grantee agrees to cooperate with CJC to negotiate, if necessary, progress report
activity goals and performance measures for the Grantee and any contractual services. C]C may
withhold funds for any expenditure not within the approved budget or in excess of amOtmts approved by CJc.
Failure of the Grantee to operate the Program in accordance 'W-ith the written agreed upon objectives contained
in the grant application, progress report, and budget will be grounds for immediate suspension or termination,
or both, of the grant Agreement pursuant to Section IV of this grant Agreement.
B. Funds .~vailable and Authorized; Payments. Grantee shall not be compensated for work performed under this
Agreement by any other agency or department of the State of Oregon. Grantee understands and agrees that
C]C's payment of amounts under this Agreement is contingent on C]C receh-ing appropriations, limitations,
allotments or other expenditure authority sufficient to allow C]C, in the exercise of its reasonable
administrative discretion, to continue to make payments under this Agreement.
C. The Grantee agrees that all public statements referring to the Program must identify the source(s) of funds. If
any funds for this Program come from the U.S. Department ofJustice, Office of Justice Programs, Bureau of
Justice Assistance, all public statements must state the percent or dollar amount of federal funds used in the
Program.
D. :-Iaintenance, Retention and Access to Records: Audits.
1. Maintenance and Retention of Records. The Grantee agrees to maintain accounting and financial records
in accordance with Generally Accepted Accounting Principles (G.~\P) and the standards of the Office of
the Chief Financial Officer set forth in the most recent version of the Office of Justice Programs (OJP)
Financial Guide, including 'W-ithout limitation in accordance with Office of Management and Budget
(OMB) Circulars A-87, A-102, A-11O, A-122, A-133. All fmancial records, supporting documents,
statistical records and all other records pertinent to this grant or agreements under this grant shall be
retained by the Grantee for a minimum of six years following termination or expiration of this Agreement
for purposes of State of Oregon or Federal examination and audit provided, however, that if there is any
audit issue, dispute, claim or litigation relating to this Agreement or the A ward, Grantee shall retain and
keep accessible the books of account and records until the audit issue, dispute, claim or litigation has been
fmally concluded or resolved. It is the responsibility of the Grantee to obtain a copy of the OJP Financial
Guide from the Office of the Chief Financial Officer available at:
http://www.ojp.usdoj.gov/fmancialguide/index.htm and apprise itself of all rules and regulations set
forth.
2. Access to Records. C]C, Oregon Secretary of State, the Office of the Chief Financial Officer, the
General Accounting Office (GAO) or any of their authorized representatives, shall have the right of
access to any pertinent books, documents, papers, or other records of Grantee and any contractors or
subcontractors of Grantee, which are pertinent to the grant, in order to make audits, examinations,
excerpts, and transcripts. The right of access is not limited to the required retention period but shall last
as long as the records are retained.
3. c\udits, If Grantee expends $500,000 or more in Federal funds (from all sources) in its fiscal year,
Grantee shall have a single organization-wide audit conducted in accordance with the provisions of
01IB Circular A-133. Copies of all audits must be submitted to CJC within 30 days of completion, If
Grantee expends less than $500,000 in its fiscal year in Federal funds, Grantee is exempt from Federal
audit requirements for that year, Records must be available for review or audit by appropriate officials
as provided in Section II.D.2. (Access to Records) herein. I
4. Audit Costs. Audit costs for audits not required in accordance with Oi\IB Circular _\-133 are
unallowable. If Grantee did not expend $500,000 or more in Federal funds in its fiscal year, but l
contracted with a certified public accountant to perform an audit, costs for performance of that audit
shall not be charged to this grant.
3
E. Supplanting. The Grantee certifies that Federal funds 'W111 not be used to supplant State or local funds, but 'Wlll
be used to increase the amount of funds that, in the absence of Federal aid, would be made available to the
Grantee to fund programs consistent with grant guidelines referenced in I.E. (Source of Funds).
F. Reports. Failure of the Grantee to submit the required financial, program or audit reports, or to resolve
financial, program, or audit issues may result in the suspension of grant payments or termination of
the grant Agreement.
1. Progress Reports. The Grantee agrees to submit a report each quarter on its progress in meeting each
of its agreed upon goals and objectives and comprehensive evaluation plan. Progress reports must
include data on performance measures. Reports must be received no later than October 31,2011;
January 31,2012; April 30, 2012; and July 31,2012. Grantee shall submit annual and cumulative
reports no later than one month follo'w-ing the end of each year. Any progress report that is
outstanding for more than one month past the due date may cause the suspension or
termination of the grant. Grantee must receive prior approval from C]C to extend a progress report
requirement past its due date. This reporting schedule may be adjusted by C]C on an as needed-basis.
2. Financial Reimbursement Reports.
a. In order to receive reimbursement, the Grantee agrees to submit to C]C, Requests for
Reimbursement (RFR) which includes supporting documentation for all grant expenditures.
RFRs must be received no later than October 31, 2011; January 31, 2012; April 30, 2012; and July
31, 2012. Reimbursements for expenses will be withheld if progress reports are not submitted by
the specified dates or are incomplete. Any RFR that is outstanding for more than one month
past the due date may cause the suspension or termination of the grant. Grantee must
receive prior approval from C]C to extend an RFR requirement past its due date.
b. Reimbursement rates for travel expenses shall not exceed those allowed by the Federal travel policy.
Requests for reimbursement for travel must be supported with a detailed statement identifyi.ng the
person who traveled, the purpose of the travel, the times, dates, and places of travel, and the actual
expenses or authorized rates incurred.
c. \'Vhen requesting reimbursement for equipment costing over $5,000, the Grantee agrees to provide
a description of the equipment, purchase price, date of purchase, and identifying numbers if any.
d. Reimbursements 'W-ill only be made for actual expenses incurred during the grant period. The
Grantee agrees that no grant funds may be used for expenses incurred before July 1, 2011 or after
June 30, 2012.
e. Grantee shall be accountable for and shall repay any overpayment, audit disallowances or any other
breach of grant that results in a debt owed to the Federal Government pursuant to Sections II.U.,
ILV., and IYB. C]C may apply interest, penalties, and administrative costs to a delinquent debt
owed by a debtor pursuant to the Federal Claims Collection Standards and O;\fB Circular A-129.
a. Grantee shall follow the same policies and procedures it uses for procurement from its non~Federal
funds. Grantees shall use their own procurement procedures and regulations, provided that the
procurement conforms to applicable Federal and State law and standards.
b. All procurement transactions, whether negotiated or competitively bid and without regard to dollar
value, shall be conducted in a manner so as to provide maximum open and free competition.
Justification must be provided to C]C for any non-competitive or sole-source procurement.
Justification should include a description of the program and what is being contracted for, an
explanation of why it is necessary to contract noncompetitively, time constraints and any other
pertinent information ..\11 sole source procurements in excess of $100,000 must receive prior
written approval from C]C in addition to any other approvals required by law applicable to
Grantee. Interagency agreements between units of government are excluded from this requirement
to obtain C]C approval of sole source procurements.
4
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c. The Grantee shall be alert to organizational conflicts of interest or non-competitive practices
among contractors that may restrict or eliminate competition or otherwise restrain trade.
Contractors that develop or draft specifications, requirements, statements of work, or Requests for
Proposals (RFP) for a proposed procurement shall be excluded from bidding or submitting a
proposal to compete for the award of such procurement. "-\ny request for exemption must be
submitted in writing to CJc.
4. ,-\udit Reports. Grantee shall provide CJC copies of all audit reports pertaining to this "-\greement
obtained by Grantee, whether or not the audit is required by Ol\fB Circular A-133.
G. Program Income. "Program income" means gross income received during the term of this J-\greement
described in Section I.B by grantee or any of its subgrantees that is directly generated by a grant supported
activity or is earned as a result of this Agreement. Grant income includes, but is not limited to, income from
fees for services performed, registration fees, usage or rental fees from real or personal property acquired with
grant funds, sales of commodities or items fabricated under a grant, sale of property, royalties, attorney's fees
and costs, and proceeds received through asset seizure and forfeiture. Program income does not include
interest on grant funds, rebates, credits, discounts, and refunds, taxes, special assessments, levies, [mes,
including fines resulting from law enforcement activities, and other such revenues raised by Grantee or any of
its subgrantees.
Program income, including income that remains unexpended upon expiration of this Agreement, must be
added to the grant funds and used as provided in Section I.C of this .-\greement. Program income also may be
used to meet any non-federal matching requirement of the grant agreement or may be deducted from the total
allowable costs to determine the net allowable costs.
Program income and expenditures must be reported on the Program Income Report (FIR) form and submitted
quarterly with each RFR. If any program income remains unexpended upon expiration of this .-\greement must
be reported on the PIR that is submitted with the final RFR. Grantees that do not have any program income
must submit a PIR only with the [mal RFR. "-\ copy of the PIR form can be found at
http://\vww.oregon.gov / CJ C / newdmgcourt.shtml.
1. CJC is responsible for monitoring and rev-iewing the activities of Grantee to ensure that all services
provided by Grantee under this Agreement conform to State and Federal standards and other
performance requirements specified in the .-\greement. "-\fter reasonable notice and as often as CJC may
deem necessary during the grant award period, CJC may perform program and fiscal monitoring
pursuant to the Monitoring Policy and Procedures.
2. Grantee shall provide for program and fiscal rev-iews, including meetings with consumers,
subcontractors, and evaluators, review of service and fiscal records, policies, and procedures, stafftng
patterns, job descriptions, and meetings with any staff and stakeholders directly or indirectly involved in
the performance of this Agreements, when requested to do so by CJC for purpose of monitoring.
1. Definitions. "-\s used in this Section, and elsewhere in this Agreement, the following terms have the
meanings set forth below:
a. "Grantee Intellectual Property" means any intellectual property owned by Grantee and developed
independently from the Program. I
b. 'Third Party Intellectual Property" means any intellectual property o'I.Vlled by parties other than CJC
or Grantee. f
c. "\'Vork Product" means every invention, discovery, work of authorship, trade secret or other
tangible or intangible item and all intellectual property rights therein that Grantee is required to
deliver to CJC pursuant to the Program I
2. Original Works. All Work Product created by Grantee pursuant to the Program performed under this
"-\greement, including derivative works and compilations, and whether or not such Work Product is
5 !
f
considered a work made for hire or an employment to invent, shall be the exclusive property of C]c.
C]C and Grantee agree that such original works of authorship are "work made for hire" of which C]C is
the author mthin the meaning of the United States Copyright .\ct. If for any reason the original Work
Product created pursuant to the Program is not "work made for hire," Grantee hereby irrevocably
assigns to C]C any and all of its rights, tide, and interest in all original Work Product created pursuant to
the Program, whether arising from copyright, patent, trademark, trade secret, or any other state or
federal intellectual property law or doctrine. Upon C]e's reasonable request, Grantee shall execute such
further documents and instruments necessary to fully vest such rights in C]c. Grantee forever waives
any and all rights relating to original Work Product created pursuant to the Program, including without
limitation, any and all rights arising under 17 USC §106"\ or any other rights of identification of
authorship or rights of approval, restriction or limitation on use or subsequent modifications.
In the event that Work Product created by Grantee under this Agreement is a derivative work based on
Grantee Intellectual Property, or is a compilation that includes Grantee Intellectual Property, Grantee
hereby grants to C]C an irrevocable, non-exclusive, perpetual, royalty-free license to use, reproduce,
prepare derivative works based upon, distribute copies of, perform and display the pre-existing elements
of the Grantee Intellectual Property employed in the Work Product, and to authorize others to do the
same on C]e's behalf.
In the event that Work Product created by Grantee under this Agreement is a derivative work based on
Third Party Intellectual Property, or is a compilation that includes TIllrd Party Intellectual Property,
Grantee shall secure on the C]e's behalf and in the name of C]C an irrevocable, non-exclusive,
perpetual, royalty-free license to use, reproduce, prepare derivative works based upon, distribute copies
of, perform and display the pre-existing elements of the Third Party Intellectual Property employed in
the Work Product, and to authorize others to do the same on C]e's behalf.
3. Grantee Intellectual Property. In the event that \'Vork Product is Grantee Intellectual Property Grantee
hereby grants to C]C an irrevocable, non-exclusive, perpetual, royalty-free license to use, reproduce,
prepare derivative works based upon, distribute copies of, perform and display the Grantee Intellectual
Property, and to authorize others to do the same on C]e's behalf.
4. Third Party Works. In the event that Work Product is Third Party Intellectual Property, Grantee shall
secure on the C]e's behalf and in the name of C]C, an irrevocable, non-exclusive, perpetual, royalty-free
license to use, reproduce, prepare derivative works based upon, distribute copies of, perform and display
the Third Party Intellectual Property, and to authorize others to do the same on C]e's behalf.
J. Contribution.
If any third party makes any claim or brings any action, suit or proceeding alleging a tort as now or hereafter
defined in ORS 30.260 ("llllrd Party Claim") against a party (the "Notified Party") with respect to which the
other party ("Other Party") may have liability, the Notified Party must promptly notify the Other Party in
\vriting of the Third Party Claim and deliver to the Other Party a copy of the claim, process, and all legal
pleadings with respect to the Third Party Claim. Either party is entitled to participate in the defense of a Third
Party Claim, and to defend a 1bird Party Claim with counsel of its own choosing. Receipt by the Other Party
of the notice and copies required in this paragraph and meaningful opportunity for the Other Party to
participate in the investigation, defense and settlement of the 11llrd Party Claim with counsel of its own
choosing are conditions precedent to the Other Party's liability with respect to the >Third Party Claim.
With respect to a Third Party Claim for which C]C is jointly liable 'With the Grantee (or would be if joined in
the 1bird Party Claim), C]C shall contribute to the amount of expenses (including attorneys' fees), judgments,
fInes and amounts paid in settlement actually and reasonably incurred and paid or payable by the Grantee in
such proportion as is appropriate to reflect the relative fault of CJC on the one hand and of the Grantee on the
other hand in connection 'With the events which resulted in such expenses, judgments, fInes or setdement
amounts, as well as any other relevant equitable considerations. The relative fault of C]C on the one hand and
of the Grantee on the other hand shall be determined by reference to, among other things, the parties' relative
intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in
such expenses, judgments, fines or settlement amounts. CJe's contribution amount in any instance is capped to
the same extent it would have been capped under Oregon law if C]C had sale liability in the proceeding.
6
With respect to a Third Party Claim for which the Grantee is jointly liable with C]C (or would be if joined in
the Third Party Claim), the Grantee shall contribute to the amount of expenses (including attorneys' fees),
judgments, fines and aIDOWlts paid in settlement actually and reasonably incurred and paid or payable by C]C in
such proportion as is appropriate to reflect the relative fault of the Grantee on the one hand and of C]C on
the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement
amounts, as well as any other relevant equitable considerations. The relative fault of the Grantee on the one
hand and of C]C on the other hand shall be determined by reference to, among other things, the parties'
relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances
resulting in such expenses, judgments, fines or settlement amounts. The Grantee's contribution amount in any
instance is capped to the same extent it would have been capped under Oregon law if it had sole liability in the
proceeding.
K. Workers' Compensation.
l-\ll employers, including Grantee, that employ subject workers, as defined in ORS 656.027, shall comply with
ORS 656.017 and shall provide workers' compensation insurance coverage for those workers, Wlless they meet
the requirement for an exemption under ORS 656.126(2). Grantee shall require and ensure that each of its
subcontractors complies with these requirements.
L. Subcontractor Indemnity and Insurance.
1. Subcontractor Indemnity.
Grantee shall take all reasonable steps to cause its contractor(s) that are not units of local government as
defined in ORS 190.003, if any, to indemnify, defend, save and hold harmless C]C and its officers, employees
and agents ("Indemnitee") from and against any and all claims, actions, liabilities, damages, losses, or expenses
(including attorneys' fees) arising from a tort (as now or hereafter defined in ORS 30.260) caused, or alleged to
be caused, in whole or in part, by the negligent or willful acts or omissions of Grantee's contractor or any of
the officers, agents, employees or subcontractors of the contractor( "Claims"). It is the specific intention of
the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or
willful acts or omissions of the Indemnitee, be indemnified by the contractor from and against any and all
Claims.
2. Subcontractor Insurance.
Grantee shall require its first tier contractor(s) that are not units of local government as defined in ORS
190.003, if any, to: i) obtain insurance specified under TYPES ;\ND Ai\10UNTS and meeting the
requirements under ADDITIONAL INSURED, "TAIL" COVERAGE, NOTICE OF C\NCELL·\TION
OR CHANGE, and CERTIFICATES OF INSURANCE before the contractors perform under contracts
between Grantee and the contractors (the "Subcontracts"), and ii) maintain the insurance in full force
throughout the duration of the Subcontracts. The insurance must be provided by insurance companies or
entities that are authorized to transact the business of insurance and issue coverage in the State of Oregon and
that are acceptable to C]c. Grantee shall not authorize contractors to begin work under the Subcontracts until
the insurance is in full force. Thereafter, Grantee shall monitor continued compliance with the insurance
requirements on an annual or more frequent basis. Grantee shall incorporate appropriate provisions in the
Subcontracts permitting it to enforce contractor compliance with the insurance requirements and shall take all
reasonable steps to enforce such compliance. Examples of "reasonable steps" include issuing stop work orders
(or the equivalent) until the insurance is in full force or terminating the Subcontracts as permitted by the
Subcontracts, or pursuing legal action to enforce the insurance requirements. In no event shall Grantee permit
a contractor to work Wlder a Subcontract when the Grantee is aware that the contractor is not in compliance
with the insurance requirements. As used in this section, a "first tier" contractor is a contractor with which the
Grantee direcdy enters into a contract. It does not include a subcontractor with which the contractor enters
into a contract.
TI"PES AND AMOU~TS.
[(C]C must check boxes for ii, iii, & iv as to which insurance is required or not and in what amoWlt.)]
7
i. WORKERS COi\IPENSJ\TION. Insurance in compliance with ORS 656.017, which requires all employers
that employ subject workers, as defmed in ORS 656.027, to provide workers' compensation coverage for those
workers, unless they meet the requirement for an exemption under ORS 656.126(2). Employers Liability
insurance with coverage limits of not less than $500,000 must be included.
ri. PROFESSIONAL LL\BILITY
~Required by C]C D Not required by C]c.
Professional Liability Insurance covering any damages caused by an error, omission or negligent act related
to the services to be provided under the Subcontract, with limits not less than the follo\Vmg, as determined
by C]C:
~$4,000,000 per occurrence (for all claimants for claims arising out of a single accident or occurrence).
iii. CO:\L\JERCIAL GENERAL LIABILITY.
~Required by C]C D Not required by C]c.
Commercial General Liability Insurance covering bodily injury, death, and property damage in a form and
with coverages that are satisfactory to C]c. This insurance shall include personal injury liability, products
and completed operations. Coverage shall be written on an occurrence form basis, with not less than the
following amounts as determined by C]C:
Bodily Injury, Death and Property Damage:
~$4,000,000 per occurrence (for all claimants for claims arising out of a single accident or occurrence).
iv. AUTOMOBILE LBBILITY INSURANCE: AUTOMOBILE LIABILITY.
~Required by C]C D Not required by C]c.
.\utomobile Liability Insurance covering all owned, non-owned and hired vehicles. This coverage may be
written in combination with the Commercial General Liability Insurance (with separate limits for
"Commercial General Liability" and ""\utomobile Liability"). Automobile Liability Insurance must be in not
less than the following amounts as determined by C]C:
Bodily Injury, Death and Property Damage:
~$4,000,000 per occurrence (for all claimants for claims arising out of a single accident or occurrence).
ADDITIONAL INSURED. The Commercial General Liability insurance and Automobile Liability insurance
must include C]C, its officers, employees and agents as Additional Insureds but only with respect to the
contractor's activities to be performed under the Subcontract. Coverage must be primary and non-contributory
with any other insurance and self-insurance.
"TAIL" COVER..c\GE. If any of the required insurance policies is on a "claims made" basis, such as
professional liability insurance, the contractor shall maintain either "tail" coverage or continuous "claims
made" liability coverage, provided the effective date of the continuous "claims made" coverage is on or before
the effective date of the Subcontract, for a minimum of 24 months following the later of: (i) the contractor's
completion and Grantee's acceptance of all Services required under the Subcontract or, (n) the expiration of all
warranty periods provided under the Subcontract. Notwithstanding the foregoing 24-month requirement, if the
contractor elects to maintain "tail" coverage and if the maximum time period "tail" coverage reasonably available in
the marketplace is less than the 24-month period described above, then the contractor may request and C]C may
grant approval of the maximum "tail" coverage period reasonably available in the marketplace. If C]C approval is
granted, the contractor shall maintain "tail" coverage for the maximum time period that "tail" coverage is
reasonably available in the marketplace.
NOTICE OF CANCELL\nON OR CHANGE. The contractor or its insurer must provide 30 days' written
notice to Grantee before cancellation of, material change to, potential exhaustion of aggregate limits of, or non
renewal of the required insurance coverage(s).
8
CERTIFlC\TE(S) OF INSURANCE. Grantee shall obtain from the contractor a certificate(s) of insurance
for all required insurance before the contractor performs under the Subcontract. The certificate(s) or an
attached endorsement must specify: i) all entities and individuals who are endorsed on the policy as Additional
Insured and ii) for insurance on a "claims made" basis, the extended reporting period applicable to "tail" or
continuous "claims made" coverage.
M. No Implied Waiver. Cumulative Remedies. 'The failure of qc to exercise, and any delay in exercising any
right, power, or privilege under this "-\greement shall not operate as a waiver thereof, nor shall any single or
partial exercise of any right, power, or privilege under this Agreement 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.
K Governing Law; Venue; Consent to Jurisdiction. This "-\greement 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 qc (or any other agency or department of the State
of Oregon) and Grantee that arises from or relates to this Agreement shall be brought and conducted solely
and exclusively within the Circuit Court of Marion County for the State of Oregon; provided, however, if the
Claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within
the United States District Court for the District of Oregon. In no event shall this Section be construed as a
waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental
immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise,
from any Claim or from the jurisdiction of any court. K-\CH P.-\RTY HEREBY CONSENTS TO THE
E'{CLUSIVE JURISDICTION OF SUCH COURT, W.-\IVES ANY OBJECTION TO VENUE, AND
\'BIVES ANY CL-\D,I TR-\T SUCH FORUM IS .-\N INCONVENIENT FORUM.
O. Time is of the Essence. Grantee agrees that time is of the essence v.>ith respect to all provisions of this
"-\greement that specify a time for performance; provided, however, that the foregoing shall not be construed to
limit or deprive a party of the benefits of any grace or use period allowed in this Agreement.
P. Notices. Except as otherwise expressly provided in this Agreement, any communications between the parties
hereto or notice to be given hereunder shall be given in writing by personal delivery, facsimile, or mailing the
same by registered or certified mail, postage prepaid to Grantee or qc at the address or number set forth on
page 1 of this "-\greement, or to such other addresses or numbers as either party may hereafter indicate
pursuant to this Section ..-\n)' communication or notice so addressed and sent by registered or certified mail
shall be deemed delivered upon receipt or refusal of receipt. "-\ny communication or notice delivered by
facsirnile shall be deemed to be given when receipt of the transmission is generated by the transmitting
machine. Any communication or notice by personal delivery shall be deemed to be given when actually
delivered. "-\ny communication or notice given by email shall be effective upon the sender's receipt of
confirmation generated by the recipient'S email system that the notice has been received by the recipients' email
system. The parties also may communicate by telephone, regular mail or other means, but such
communications shall not be deemed notices under this Section unless receipt by the other party is expressly
acknowledged in writing by the receiving party.
Q. Subcontracts. Successors and Assignments.
1. Grantee shall not enter into any subcontracts for any of the Program activities required by this
"-\greement without cJes prior written consent. Grantee shall require any subcontractors to comply in
writing with the terms and conditions of this Agreement and provide the same assurances as the
Grantee must in its use of Federal funds. cJes consent to any subcontract shall not relieve Grantee of
any of its duties or obligations under this "-\greement.
2. This Agreement shall be binding upon and inure to the benefit of q C, Grantee, and their respective
successors and assigns, if any.
3. Grantee may not assign, delegate, or transfer its rights or obligations hereunder or any interest herein
\"'lithout the prior consent in writing of qc.
R. N"o Third Party Beneficiaries. qc and Grantee are the only parties to this .-\greement and are the only parties
entitled to enforce the terms of this .-\greement. Nothing in this .-\greement gives, is intended to give, or shall be
construed to give or provide any benefit or right not held by or made generally available to the public, whether
9
directly, indirectly or otherwise, to third persons unless such third persons are individually identified by name
herein and expressly described as intended beneficiaries of the terms of this Agreement.
S. SurvivaL "-\ll provisions of this Agreement set forth in the following sections shall survive termination of this
_-\greement: Section ILD. (Maintenance, Retention and Access to Records; Audits); Section II.F. (Reports); and
Section II.I. (Indemnity).
T. Severability. If any term or provision of this Agreement is declared by a court of competent jurisdiction to be
illegal or in conflict ",i.th any law, the validity of the remaining terms and provisions shall not be affected, and
the rights and obligations of the parties shall be construed and enforced as if this Agreement did not contain
the particular term or provision held to be invalid.
T. Relationship of Parties. The parties agree and acknowledge that their relationship is that of independent
contracting parties and neither party hereto shall be deemed an agent, partner, joint venturer or related entity of
the other by reason of this "-\greement.
U. Recover.y of Funds.
1. Recovery of Overpayments. Grantee shall be accountable for and shall repay any overpayment or any
amounts resulting from any breach of this Agreement that results in a debt owed to the Federal
Government. CJC may apply interest, penalties, and administrative costs to a delinquent debt owed by a
debtor pursuant to the Federal Claims Collection Standards and 01fB Circular "-\-129. The parties agree
to go through the process provided in Section IV.B. before Grantee is required to make any payment
under this paragraph.
2. Recovery of Unexpended Funds. _-\ny grant funds disbursed to Grantee that remain unexpended on the
termination of this Agreement ("Unexpended Funds") must be returned to CJc. Grantee may, at its
option, satisfy its obligation to return Unexpended Funds under this Section by paying to CJC the
amount of Unexpended Funds or permitting CJC to recover the amount of the Unexpended Funds
from future payments to Grantee from CJ C. If Grantee fails to return the amount of the Unexpended
Funds within fifteen (15) days after the date this Agreement is terminated, Grantee shall be deemed to
have elected the deduction option and CJC may deduct the amount demanded from any future payment
from CJC to Grantee, including but not limited to, any payment to Grantee from CJC under this
"-\greement and any payment to Grantee from CJ C under any contract or agreement, present or future,
between C]C and Grantee. If no such contracts or agreements are in effect and no future contracts or
agreements between Grantee and CJC are contemplated by CJC 15 days after the date this Agreement is
terminated, Grantee shall return the Unexpended Funds to CJc.
3. Recovery oL\fisexpended Funds. If CJC alleges that Grantee expended funds in violation or
contravention of this Agreement, CJC and Grantee shall enter into nonbinding discussions under
Section IV.B. within 15 days ofCJC's notice to Grantee of the allegation, with such discussions to be
concluded within 45 days of CJ C's notice to Grantee. If the parties determine that funds were in fact
expended in violation or contravention of this Agreement ("i\fisexpended Funds") then the
Misexpended Funds shall be replaced by Grantee within 15 days of that determination, unless CJC
agrees to another time or method of repayment. If the parties do not agree on the amount of
l\fisexpended Funds, CJC may recover the amount determined by CJC to be l\fisexpended Funds from
any future payment from CJC to Grantee, including, but not limited to, any payment to Grantee from
CJC under this agreement and any payment to Grantee from CJC under any contract or
agreement, or future, between C]C and Grantee. If no such contracts or agreements are in
effect and no future contracts or agreements between Grantee and CJC are contemplated by CJC 15
days after the date of the determination of i'lIisexpended Funds, Grantee shall return the i'lfisexpended
Funds to C] C.
Y. ~-\mendments. C]C may agree to amend this to the extent permitted by applicable statutes and
administrative rules. No amendment to this Agreement shall be effective unless it is in writing signed by
the parties, and all approvals required by applicable law have been obtained before becoming effective.
III. Grantee Compliance and Certifications
A. Debarment, Suspension, Ineligibility and Voluntary Exclusion. The Grantee certifies by accepting grant funds
that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible,
10
nor voluntarily excluded from participation in this transaction by any Federal department or agency. (Ibis
certification is required by regulations published May 26, 1988, implementing Executive Order 12549,
Debarment and Suspension, 28 CFR Part 69 and 28 CFR Part 67.)
B. Compliance with "-\.pplicable Law. The Grantee agrees to comply with all applicable laws, regulations, and
guidelines as written or as amended, of the State of Oregon, the Federal Government and C]C in the
performance of this Agreement. Without limiting the generality of the foregoing, Grantee agrees to comply
with all laws, rules and guidelines set forth in the most recent version of the Grant iVlanagement Handbook
published by C]C, including but not limited to:
1. The provisions of 28 CFR applicable to grants and cooperative agreements including Part 18,
"-\.dministrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22,
Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence
Operating Policies; Part 30, Intergovernmental Review of Department ofJustice Programs and
Activities; Part 42, Non-Discrimination/Equal Employment Opportunity Policies and Procedures; Part
46, Protection of Human Subjects; Part 61, Procedures for Implementing the National Environmental
Policy ,-\.ct; Part 63, Floodplain Management and Wetland Protection Procedures, and Federal laws or
regulations applicable to Federal assistance programs.
2. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (p.L. 91-646).
3. Section 102(a) of the Flood Disaster Protection Act of 1973, P.L. 93-234, 87 Stat.97, approved
December 31, 1976.
4. Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive
Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.)
5. National Environmental Policy Act of 1969,42 USC 4321 et seq.
6. Flood Disaster Protection "-\.ct of 1973,42 USC 4001 et seq.
7. Clean Air Act, 42 USC 7401 et seq.
8. Clean Water .-\.ct, 33 USC 1368 et seq.
9. Federal Water Pollution Control ,-\.ct of 1948, as amended, 33 USC 1251 et seq.
10. Safe Drinking Water Act of 1974,42 USC 300f et seq.
11. Endangered Species Act of 1973, 16 USC 1531 et seq.
12. Wild and Scenic Rivers Act of 1968, as amended, 16 USC 1271 et seq.
13. Historical and Archaeological Data Preservation "-\.ct of 1960, as amended, 16 USC 469 et seq.
14. Coastal Zone Management "-\.ct of 1972, 16 USC 1451 et seq.
15. Coastal Barrier Resources Act of 1982, 16 USC 3501 et seq.
16. Indian Self-Determination ,-\.ct, 25 USC 450f.
17. Hatch Political Activity Act of 1940, as amended, 5 USC 1501 et seq.
18. "-\.nimal Welfare "-\.ct of 1970,7 USC 2131 et seq.
19. Demonstration Cities and Metropolitan Development Act of 1966,42 USC 3301 et seq.
20. Federal Fair Labor Standards Act of 1938 (as appropriate), as amended, 29 USC 201 et seq.
C. Standard "-\.ssurances and Certifications Regarding Lobbying.
1. No federal appropriated funds have been paid or \vill be paid, by or on behalf of the Grantee, 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 agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
11
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, 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, the Grantee agrees to complete and submit
Standard Form-LLL "Disclosure Form to Report Lobbying", in accordance with its instructions.
3. The undersigned will require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all subgrantees will certify and disclose accordingly.
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 transaction imposed by section 1352, title 31, U.S. Code. "\ny person who fails to
file the required certification \-vill be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
D. Certification of Non-discrimination.
1. The Grantee, and all its contractors and subcontractors, certifies that no person shall be excluded from
participation in, denied the benefits of, subjected to discrimination under, or denied employment in
connection \vith any activity funded under this i\greement on the basis of race, color, age, religion,
national origin, handicap, or gender. The Grantee, and all its contractors and subcontractors, assures
compliance with the following laws:
a. Non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as
amended;
b. Title IV of the Civil Rights "\ct of 1964, as amended;
c. Section 504 of the Rehabilitation .-\ct of 1973, as amended;
d. Title II of the Americans with Disabilities /I.ct (AD.\) of 1990;
e. Title IX of the Education Amendments of 1972;
f. lbe Age Discrimination ,\ct of 19 7 5;
g. The Department of Justice Nondiscrimination Regulations 28 CFR Part 42, Subparts C, D, and
G;and
h. The Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39.
2. In the event that a Federal or State court or administrative agency makes a fmding of discrimination
after a due process hearing on the grounds of race, color, age, religion, national origin, handicap or
gender against the Grantee or any of its contractors or subcontractors, the Grantee or any of its
contractors or subcontractors will forward a copy of the finding to qc. qc \-vill forward a copy of the
finding to the Office for Civil Rights, Office ofJustice Programs.
E. Civil Rights Compliance.
1. "\11 recipients of federal grant funds are required, and Grantee agrees, to comply v.-1th nondiscrimination
requirements of Title VI of the Civil Rights "\ct of 1964, as amended, 42 U.S.c. § 2000d et seq.
(prohibiting discrimination in programs or activities on the basis of race, color, and national origin);
Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 U.s.c. §3789d(c)(1) (prohibiting
discrimination in employment practices or in programs and activities on the basis of race, color, religion,
national origin, and gender); Section 504 of the Rehabilitation Act of 1973, 29 U .S.c. § 794 et seq.
(prohibiting discrimination in employment practices or in programs and activities on the basis of
disability); Title II of the "\mericans v.-1th Disabilities .\ct of 1990,42 U.S.c. § 12131 (prohibiting
discrimination in services, programs, and activities on the basis of disability); The Age Discrimination
.\ct of 1975,42 U.S.c. § 6101-07 (prohibiting discrimination in programs and activities on the basis of
12
age); and Title IX of the Education .\mendments of 1972,20 U.S.C § 1681 et seq. (prohibiting
discrimination in educational programs or activities on the basis of gender).
2. Services to Limited-English-Proficient (LEP) Persons.
National origin discrimination includes discrimination on the basis of limited English proficiency (LEP).
To ensure compliance with Title VI and the Safe Streets .\ct, recipients are required to take reasonable
steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may
entail providing language assistance services, including interpretation and translation services, where
necessary. Grantees are encouraged to consider the need for language services for LEP persons served
or encountered both in developing their proposals and budgets and in conducting their programs and
activities. Reasonable costs associated with providing meaningful access for LEP individuals are
considered allowable program costs. The U.S. Department ofJustice has issued guidance for grantees to
assist them in complying with Title VI requirements. The guidance document can be accessed on the
Internet at www.lep.gov.
F. Equal Employment Opportunity Plan (BEOP). If the Grantee, or any of its contractors or subcontractors, has
50 or more employees, is receiving more than $25,000 pursuant to this ~\greement, and has a service population
with a minority representation of three percent or more, the Grantee agrees to formulate, implement and
maintain, and to require its contractors or subcontractors to formulate, implement and maintain, an EEOP
relating to employment practices affecting minority persons and women. If the Grantee, or any of its
contractors or subcontractors, has 50 or more employees, is receiving more than $25,000 pursuant to this
"\greement, and has a service population with a minority representation of less than three percent, the Grantee
agrees to formulate, implement and maintain, and to require its contractors or subcontractors to formulate,
implement and maintain an EEOP relating to its practices affecting women. The Grantee, and any of its
contractors and subcontractors, must certiry to OJP, on forms that may be obtained from the CJC Fiscal
Analyst or at http://www.ojp.usdoj.gov/about/ocr/pdfs/cert.pdf, that it has in effect an EEOP as
required by this section.
If Grantee or any of its contractors or subcontractors receives more than $500,000, either through this
Agreement or in aggregate Federal grant funds in any fiscal year, Grantee shall in addition submit to CJC a
copy of the EEOP of Grantee and any of its contractors or subcontractors as soon as it is available. CJC may
withhold grant funds prior to approval of the Grantee's, or any of its contractors or subcontractors, EEOP by
the Office for Civil Rights, Office ofJustice Programs, Bureau ofJustice Assistance.
If required to formulate an EEOP, the Grantee must maintain a current copy on file which meets the
applicable requirements. The grantee must also submit to CJC within 60 days of contract execution a
copy of its certification to OJP.
G. National Environmental Policy Act (NEPJ-\); Special Condition for U.S. Department of Justice Grant
Programs.
1. Prior to obligating grant funds, Grantee agrees to first determine if any of the following activities will be
related to the use of the grant funds. Grantee understands that this special condition applies to its
following new activities whether or not they are being specifically funded \\lith these grant funds. That
is, as long as the activity is being conducted by the Grantee, a contractor, subcontractor or any third
party and the activity needs to be undertaken in order to use these grant funds, this special condition
must first be met. The activities covered by this special condition are:
a. new construction;
b. minor renovation or remodeling of a property either (a) listed on or eligible for listing on the
National Register of Historic Places or (b) located within a lOO-year floodplain;
c. a renovation, lease, or any other proposed use of a building or facility that will either (a) result in a
change in its basic prior use or (b) significantly change its size; and
d. implementation of a new program involving the use of chemicals other than chemicals that are (a)
purchased as an incidental component of a funded activity and (b) traditionally used, for example,
in office, household, recreational, or educational environments.
13
2. Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the
Grantee's or its contractors' or subcontractors' existing programs or activities that will be funded by
these grant funds, the Grantee, upon specific request from the Bureau ofJustice "\ssistance, agrees to
cooperate with the Bureau ofJustice Assistance in any preparation by the Bureau ofJustice J1.ssistance
of a national or program environmental assessment of that funded program or activity.
H. Certification Regarding Drug Free Workplace Requirements. Grantee certifies that it will provide a drug-free
workplace by:
1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession or use of a controlled substance is prohibited in the Grantee's workplace and specifying the
actions that will be taken against employees for violation of such prohibition;
2. Establishing a drug-free awareness program to inform employees about:
a. The dangers of drug abuse in the workplace;
b. The Grantee's policy of maintaining a drug-free workplace;
c. Any available drug counseling, rehabilitation, and employee assistance programs; and
d. The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace.
3. Requiring that each employee engaged in the performance of the grant be given a copy of the
employer's statement required by paragraph (1).
4. Notifying the employee that, as a condition of employment under the award, the employee will:
a. "\bide by the terms of the statement; and
b. Notify the employer of any criminal drug statute conviction for a violation occurring in the
workplace not later than five days after such conviction.
5. Notifying the Grantee within ten days after receiving notice from an employee or otherwise receiving
actual notice of such conviction.
6. Taking one of the foUov"mg actions, within 30 days of receiving notice, with respect to any employee
who is so convicted:
a. Taking appropriate personnel action against such an employee, up to and including termination; or
b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation
program approved for such purposes by Federal, State, or local health, law enforcement, or other
appropriate agency.
7. i\[aking a good faith effort to continue to maintain a drug-free workplace.
IV. Default, Termination, Dispute Resolution
.\. Default by Grantee. Grantee shall be in default of this "\greement if:
1. Grantee fails to comply substantially with the requirements or statutory objectives of the grant
guidelines referenced in I.E. (Source of Funds) or other provisions of Federal law.
2. Grantee fails to have Program operational within 90 days of the award period start date.
3. Grantee fails to make satisfactory progress toward the goals and objectives and comprehensive
evaluation plan set forth in the application or the progress report.
4. Grantee fails to adhere to the requirements and the terms and conditions of the grant award.
14
5. Grantee proposes or implements substantial plan changes to the extent that, if originally submitted, the
application would not have been selected.
6. Grantee fails to submit the required financial, program or audit reports, or to respond to monitoring
reports, or to resolve financial, program, or audit issues.
7. Grantee institutes or has instituted against it insolvency, receivership or bankruptcy proceedings, makes
an assignment for the benefit of creditors, or ceases doing business on a regular basis.
8. Grantee fails to comply substantially with any other applicable Federal or State statute, regulation, or
guideline.
B. Default by CJ C. CJ C shall be in default of this Agreemen t if:
1. CJC fails to pay Grantee any amount pursuant to the terms of this Agreement, and CJC fails to cure
such failure within 30 days after Grantee's notice or such longer period as Grantee may specify in such
notice; or
2. CJC commits any material breach or default of any covenant, warranty, or obligation under this
.\greement, and such breach or default is not cured within 30 days after Grantee's notice or such longer
period as Grantee may specify in such notice.
C. .\lternative Dispute Resolution. The parties should attempt in good faith to resolve any dispute arising out of
this agreement. This may be done at any management level, including at a level higher than persons directly
responsible for administration of the agreement. In addition, the parties may agree to utilize a jointly selected
mediator or arbitrator (for non-binding arbitration) to resolve the dispute short of litigation.
D. Termination.
1. CJC Termination. CJC may terminate this "\greement:
a. Immediately upon written notice to Grantee, if CJC does not obtain sufficient funding,
appropriation, limitations, allotments or other expenditure authority to allow CJC, in the exercise
of its reasonable administrative discretion, to meet its payment obligations under this "\greement.
b. Immediately upon written notice to Grantee if state or Federal laws, regulations or guidelines are
modified, changed or interpreted in such a way that the CJC does not have the authority to
provide grant funds for the Program or no longer has the authority to provide the grant funds
from the planned funding source.
c. Upon 30 days advance written notice to Grantee, if Grantee is in default under this .\greement
and such default remains uncured at the end of said 30 day period or such longer period, if any,
as CJ C may specify in the notice.
d. Immediately upon written notice to Grantee, if any license or certificate required by law or
regulation to be held by Grantee to implement the Program is for any reason denied, revoked,
suspended, not renewed or changed in such a way that Grantee no longer meets requirements to
operate the Program.
e. Immediately upon written notice to Grantee, if CJC determines that there is a threat to the
health, safety or welfare of any individual receiving services as part of the Program.
2. Grantee Termination. Grantee may terminate this Agreement:
a. Upon 30 days advance written notice to CJC, if Grantee is unable to continue implementation of
the Program as a result of circumstances not reasonably anticipated by Grantee at the time it
executed this "\greement and that are beyond Grantee's reasonable control. If Grantee
terminates this Agreement under this Section, CJC may end all further disbursements of grant
funds upon receipt of Grantee's termination notice but Grantee shall not be required to repay to
15
CJC any grant funds previously disbursed to and expended by Grantee in accordance with the
terms and conditions of this .-\greement.
b. CJC fails to pay Grantee any amount pursuant to the terms of this Agreement, and CJC fails to
cure such failure within 30 days after Grantee's notice or such longer period as Grantee may
specify in such notice.
c. CJC commits any material breach or default of any covenant, warranty, or obligation under this
Agreement, fails to perform its commitments hereunder within the time specified or any
extension thereof, and CJC fails to cure such failure within 30 days after Grantee's notice or such
longer period as Grantee may specify in such notice.
3. Effect of Termination. Upon termination of this Agreement, CJC shall have no further
obligation to disburse Grant moneys to Grantee, whether or not the entire grant has been
disbursed to Grantee, and Grantee's authority to expend previously disbursed grant funds
shall end. Termination of this Agreement shall not affect Grantee's obligations under this
Agreement or CJC's right to enforce this Agreement against Grantee in accordance with its
terms, with respect to grant funds actually received by Grantee under this Agreement, or with
respect to portions of the Program actually implemented. Specifically, but without limiting
the generality of the preceding sentence, termination of this Agreement shall not affect
Grantee's representations and warranties, reporting obligations, record-keeping and access
obligations, obligation to comply with applicable law, the restrictions and limitations on
Grantee's expenditure of grant funds actually received by Grantee hereunder, Grantee's
indemnification obligations, Grantee's obligations related to Work Product, Grantee's
obligation to repay any overpayment of grant funds or CJC's right to recover any grant funds
from Grantee in accordance with the terms of this Agreement.
V. Representations and Warranties
Grantee represents and warrants to CJ C as follows:
A Existence and Power. Grantee is a political sub-division of the State of Oregon duly organized, validly existing,
and in good standing under the laws of Oregon. Grantee has full power and authority to transact the business
in which it is engaged and full power, authority, and legal right to execute and deliver this _-\greement and incur
and perform its obligations hereunder.
B. Authority, No Contravention. The making and performance by Grantee of this Agreement (a) have been duly
authorized by all necessary action of Grantee, (b) do not and will not violate any provision of any applicable
law, rule, or regulation or order of any court, regulatory commission, board or other administrative agency or
any provision of Grantee's articles of incorporat.ion or bylaws and (c) do not and will not result in the breach
of, or constitute a default or require any consent under any other agreement or instrument to which Grantee is
a party or by which Grantee or any of its properties are bound or affected.
C. Binding Obligation. This Agreement has been duly authorized, executed and delivered on behalf of Grantee
and constitutes the legal, valid, and binding obligation of Grantee, enforceable in accordance with its terms.
D. ;";0 authorization, consent, license, approval of, filing or registration ,vith, or notification to, any
governmental body or regulatory or supervisory authority is required for the execution, delivery or performance
by Grantee of this Agreement.
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The Grantee, by signature of its authorized official, hereby acknowledges that helshe has read this Agreement,
understands it, agrees to be bound by its terms and conditions (including all references to other documents) and is
authorized by the authorized official to execute this Agreement on the authorized official's behalf. Failure to comply
with this Agreement and with applicable State and Federal rules and guidelines may result in the withholding of
reimbursement, the termination or suspension of the Agreement, denial of future grants, and damages to qc.
Approved for Legal Sufficiency
Approved by email by MG Keith L. Kutler dated September 7, 2011
Assistant Attorney General
Approved by Grantee
Grantee Date
Tammy Baney, Chair
Deschutes County Board of
Commissioners
Federal Tax ID Number State Tax ID Number
Approved by Criminal Justice Commission
Craig Prins, Executive Director Date
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