HomeMy WebLinkAboutDoc 505 - High Desert ESD - CCF, ES
ti)G A
Deschutes County Board of Commissioners
1300 NW Wall 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 September 9, 2009
Please see directions for completing this document on the next page.
DATE: September 1, 2009
FROM: Sarah Johnson Commission on Children & Families Phone #322 -7461
TITLE OF AGENDA ITEM:
Consideration and signature of Document No. 2009 -505, contract for sub grant of $442,239 with 3Jigh
Desert Education Service District Healthy Families of the High Desert program.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
High Desert Education Service District's Healthy Families of the High Desert (HFHD), formerly Ready
Set Go program is the local Healthy Start program. Healthy Start is Oregon's largest child abuse
prevention program, providing screening and referral services to families and evidence based home
visiting for Oregon's most at risk families. The program achieves positive outcomes for high -risl.
children including reducing rates of child maltreatment and increasing children's readiness for school.
Since 2003, child abuse rates for children age birth to two who are not in Healthy Start have bee'i
almost double the rate for children who are in Healthy Start. Last year the incidence of child abuse for
children not in Healthy Start was almost two and a half times greater than for Healthy Start children.
HFHDis accredited through Prevent Child Abuse America. Funding for this program is provided by
dedicated State of Oregon Commission on Children & Families funds. HFHD has provided services to
Deschutes County children and their families since 2001 (Healthy Start has been present in Deschutes
County since 1994).
FISCAL IMPLICATIONS:
The grant amount was included in the 2009/2010 adopted budget. The contract amount of $442 239 is
comprised of; $13,567 — Children Youth & Families Flex grant, $13,020 — Great Start, $11,758 —
Family Preservation & Support, $240,625 — Healthy Start General Fund, $95,000 — Healthy Sts.rt
Medicaid, $36,769 — Juvenile Crime Prevention, and $31,500 — Deschutes County Crime Prevt ntion
Fund.
RECOMMENDATION & ACTION REOUESTED:
Approval and signature of Document No. 2009 -505
ATTENDANCE: Sarah Johnson
DISTRIBUTION OF DOCUMENTS:
Two originals back to Debi Harr, Commission on Children & Families, 1130 NW Harriman, uite A,
Bend, OR 97701
July 1, 2009
DESCHUTES COUNTY DOCUMENT SUMMARY
(NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be
on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board
agenda, the Agenda Request Form is also required. If this form is not included with the document, the document will be retumed to
the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the
County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form
electronically to the Board Secretary.)
Date:
August 6, 2009
Please complete all sections above the Official Review line.
Contractor /Supplier /Consultant Name:
High Desert
Contractor Contact:
(541) 749 -2137
Kathy Thompson
Department:
CCF
High Desert ESD — Healthy Families of the
Type of Document: Services Agreement
Contractor Phone #:
Goods and /or Services: Screening and intensive home visits for first time /at risk
parents including parents of multiple births in the justice system
Background & History: CCF grantee since 1999. State general fund pass- through
from the Oregon Commission on Children & Families.
Agreement Starting Date:
Annual Value or Total Payment:
442,239
Ending Date:
® Insurance Certificate Received (check box)
Insurance Expiration Date:
July 1,2010
Check all that apply:
❑ RFP, Solicitation or Bid Process
Informal quotes ( <$150K)
® Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37)
June 30, 2010
Funding Source: (Included in current budget? X Yes ❑ No
If No, has budget amendment been submitted? ❑ Yes ❑ No
Is this a Grant Agreement providing revenue to the County? n Yes ® No
Special conditions attached to this grant:
Deadlines for reporting to the grantor: See Exhibit D — Quarterly according to State
schedule
8/24/2009
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: 1 Yes _ No
Contact information for the person responsible for grant compliance: Name: Hillary
Saraceno
Phone #:
(541) 317 -3178
Departmental Contact and Title: Sarah Johnson Phone #: (541) 322-
7461
Department Director Approval:
Sig ► -ture Date
Distribution of Document: All three originals returned to the Commission on
Children & Families, 1130 NW Harriman, Ste A, Bend, OR 97701.
Official Review:
County Signature Required (check one): IN BOCC
❑ Department Director (if <$25K)
❑ Administrator (if >$25K but <$150K; if >$150K, BOCC Order No.
Legal Review
Document Number 2009 -505
Date .ti-z 7- 01
8/24/2009
REVI ED
0
LEGAL OUNSEL
REVIEWED
D #5;ifitt)
R TMENT HEAD
For Recording Stamp Only
Contract for Subgrant Under
The Deschutes County Commission on Children & Families
Contractor: High Desert Education Service District
Project: Healthy Families of the High Desert
Contact: Kathy Thompson
Subcontractor(s): Insert if applicable
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
Commission on Children & Families, hereinafter called "Commission" or "CCF ", and HIGH
DESERT EDUCATION SERVICE DISTRICT, an Oregon non - profit corporation, Federal Tax ID #
93- 6002511, hereinafter referred to as "Contractor:"
DEFINITIONS
Application - The proposal provided by an applicant agency seeking funding. The application
helps define the service to be purchased and the use of Commission resources.
Community Plan - The County and State adopted 2001 -2010 Community Plan.
Director - The Director of the Office of the Deschutes County Commission on Children & Families
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 General Fund, Healthy
Start Medicaid, Great Start, Children Youth & Families Flex, Family Preservation & Support,
Juvenile Crime Prevention, and Deschutes County Crime Prevention grants to carry out the
Project.
Other granting organizations - Any entity providing resources (to the Commission) that provide
funds for this contract.
Commission - The Deschutes County Commission on Children & Families.
Work Plan - The attached document that details the performance measures which Contractor
must satisfy in order to qualify for payment under this Contract.
RECITALS
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WHEREAS, Contractor has submitted to Commission its application for a Subgrant award to
undertake the Project, (in accordance with County's Community Plan) as more specifically set
forth in Exhibit A (Work Plan) and Exhibit B (Budget); 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 Commission,
now, therefore, in consideration of the mutual promises hereinafter stated, IT IS HEREBY AGREED
by and between the parties above mentioned, as follows:
1. Effective Date: This Contract is effective at 12:01 a.m, July 1st, 2009, or the date this
Contract is fully executed, whichever is later. Contractor shall not be entitled to payment for
any services that are or may have been rendered prior to the effective date of this Contract.
2. Duration. This Contract expires at 11:59 p.m. on June 30, 2010.
3. 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, 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.
4. Consideration. The maximum consideration authorized under this Contract is $442,239.
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.
5. 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).
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6. Subcontractor Delegation. Contractor shall not assign or delegate the responsibility fur
providing services hereunder to any other individual or agency, unless outlined in this
Contract or approved in writing by the Commission.
a. Any delegation, subcontract, assignment, or transfer without the prior written consent
of County shall constitute a material breach of this Contract.
b. Any such assignment or transfer, if approved, is subject to such conditions anJ
provisions, as the County may deem necessary.
c. No approval by the County of any assignment or transfer of interest shall be deemed t
create any obligation of the County to increase rates of payment or the maximum
Contract consideration.
d. Prior written approval shall not be required for the purchase by the Contractor cf
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.
e. Any subcontracts that the County may authorize shall contain all requirements of thi3
Contract, and the Contractor shall be responsible for the performance of the
subcontractor.
7. Duties and Responsibilities of County.
a. Oversee the Contractor's completion of the Work Plan in accordance with the
terms and conditions of the Grant.
b. Disburse Grant funds, as appropriate, upon timely receipt from Contractor of
complete and accurate reports and documents required by this Contract or requested
by County. Except as otherwise provided in this Contract, County will disburse to
Contractor on a quarterly basis throughout the length of the contract within twenty -five
(25) days after receipt of the required items referred to in 8 (i) below. Payment may
be delayed or denied, if required documentation is not received. Disbursement will
include any unpaid amounts for satisfactory performance during the previous three
months. Contractor shall make available quarterly reports based on a schedule
determined by the Director at the beginning of the contract period. Reports may be
submitted electronically using forms /templates approved by the Commission. 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 Commission.
8. Duties and Responsibilities of Contractor.
a. Carry out the Project as an independent contractor and not as an agent o!'
County in accordance with the terms and conditions of the Grant and Scope of Work.
b. Obtain prior Commission approval of all revisions to the Budget as detailed it
Exhibit B that are in excess of ten percent (10 %) of the amount of the contractec
amount, and obtain prior approval of all contracts and procurements involvinc
aggregate sums in excess of $500 for personal services.
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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 "D ".
h. Meet at least once during the Contract period with a designated Commission
representative to discuss program progress. Additional meetings may be required by
the Commission.
i. When actual performance varies significantly from Exhibit A and the agreed upon
Work Plan, the Contractor shall submit to the Commission 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 Commission staff liaison will endeavor to notify the Contractor and
request a written explanation within 30 days of notification, provided however, that
failure to provide such notice shall not excuse Contractor's non - compliance.
J.
The written explanation for non - compliance shall include at a minimum the
following information:
(1) an explanation as to why the Contractor is out of compliance;
(2) clear description of what the Contractor is doing or proposes to do to correct the
non - compliance; and
(3) a proposed time line for bringing the program into compliance or an explanation
for the reason the program will or may not be able to bring performance into
compliance.
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, by the Commission's Program Committee and /or the Commission Board.
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1. Regardless of Contractor's explanation, Commission Board and the BOCC
retain the right to take appropriate action in cases where reported outcomes
and /or outputs vary significantly from the agreed upon Work Plan, including reducing
funding, withholding payment of funds and, in Commission's sole discretion,
reallocation of grant funds for distribution to other contractors or programs.
m. Assurances: The Contractor attests that the information provided to Commission to
determine Contractor eligibility for payment, including all required reports, is true and
accurate to the best of the Contractor's knowledge. The Contractor's representative
signing this Contract further attests that they have the authority to represent their
organization in all phases of the contract, including the selection process. Contractor'
representative signing this Contract understands that any false or substantiall f
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 Commission's financial support in
printed and electronic versions of program reports, flyers, media coverage,
announcements including web site applications. Contractor shall first notify and
discuss with Commission's Director any concerns or issues Contractor may have with
Deschutes County or the Commission's programs or processes. Such concerns o-
issues shall not be addressed in published materials or the media. Significant issue;
or concerns should be outlined in writing and directed to the Commission
Chairperson.
o. Family Violence Policy: No later than the end of the Contract term (or, if more than
one year, the first anniversary of the contract), the Contractor shall prepare and
adopt a formal workplace policy related to family violence. At a minimum, the policy
will include a statement of how family violence victims will be supported and how the
Contractor will provide necessary staff training in support of family violence victims.
p. Child Abuse Reporting Policy: No later than the end of the contract term (or, 11'
more than one year, the first anniversary of the contract), the contractor shal
prepare and adopt a formal work place policy related to reporting of child abuse. At
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.
q.
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 or duration of residence, 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 requirements of Title VII of the Civil Rights
Act of 1974, and all requirements issued by the Department of Justice.
r. 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 are available
during the contract term, Contractor shall participate.
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s. 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.
9. 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 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
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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 laves
requiring reporting of client abuse, (j) the Americans with Disabilities Act of 1950
(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 4tl1
programs, services and training associated with Contractor's programs and activities.
These laws, regulations and executive orders are incorporated by reference herein 1:0
the extent that they are applicable to the Contract and required by law to be s.o
incorporated. No federal funds may be used to conduct activities in violation of .12
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 tc:
maintaining and providing to County such documentation as the County shall require
to comply with federal reporting requirements; and the limitations on the use of such
funds in 42 USC 9858d and 45 CFR 98.54 and OAR 423 -010- 0024(2).
h. With respect to federal funds under this Contract, Contractor agrees to comply with
the provisions of the OMB Circular A -87, Revised "Cost Principles for State, Local an
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 9 are subject to
the audit requirements under the Single Audit Act Amendments of 1996 and OMI3
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 product;
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 requirement;
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.), (21
Executive Order No. 11,738 of the President of the United States and (31
Environmental Protection Agency regulations set forth in 40 CFR Part 15. Contracto
shall promptly report all violations of the federal laws to County. Contractor sha I
include and require the inclusion in all contracts with recipients receiving more that'
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$100,000 in federal funds, language requiring the recipient to comply with the federal
laws and to report all violations thereof to County. OMB Circular A -102, Revised.
k. Contractor shall not permit any person or entity to receive Grant funds if the person
or entity is listed on the non - procurement portion of the General Service
Administration's "List of Parties Excluded from Federal Procurement or Non -
procurement Programs" in accordance with Executive Orders No. 12,549 and No.
12,689, "Debarment and Suspension ". (See 45 CFR part 76). This list contains the
names of parties debarred, suspended, or otherwise excluded by agencies, and
contractors declared ineligible under statutory authority other than Executive Order
No. 12549. Subcontractors with awards that exceed the simplified acquisition
threshold shall provide the required certification regarding their exclusion status and
that of their principals prior to award.
I. Contractor certifies to County that, to the best of its knowledge and belief:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of
Contractor, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or any employee of a Member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making
of any federal loan, the entering into of any cooperative contract, and the
extension, continuation, renewal, amendment, or modification of any federal
contract, grant, loan, or cooperative contract.
(2) If any funds other than federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, or a Member of Congress in connection with this
federal contract, grant, loan, or cooperative contract, Contractor shall complete
and submit Standard From -LLL, entitled "Disclosure Form to Report Lobbying,"
in accordance with its instructions.
(3) This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this Contract imposed
by 31 USC § 1352. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000
for each such failure.
Contractor shall require this certification from all recipients of Grant funds by
including it in and requiring that it be included in all contracts pursuant to which
Grant funds are paid.
m. The Americans with Disabilities Act of 1990 (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.).
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P.
Contractor shall comply with the federal Health Insurance Portability and
Accountability Act of 1996 ( "HIPAA ") and the federal regulations implementing HIPAA
data and transactions and security and privacy requirements for protected health
information and conduct activities in compliance with HIPAA. Individually Identifiable
Health Information about specific individuals is confidential. Individually Identifiable
Health Information related to specific individuals may be exchanged between County
and DHS for purposes directly related to the provision of services to Clients which are
funded in whole or in part under this Agreement. However, Contractor shall not use or
disclose any Individually Identifiable Health Information about specific individuals in a
manner that would violate DHS Privacy Rules, OAR 410 - 014 -0000 et. seq. or DHS
Notice of Privacy Practices, if done by DHS. A copy of the most recent DHS Notice cf
Privacy Practices is posed on the DHS web site at
http: / /www.dhs. state. or. us / policy /admin /infosecuritylist.htm or may be obtained from
DHS.
q. By signature of this Contract, Contractor agrees to the terms and conditions of that
certain grant contract by and between the County and the State of Oregon for thi';
project, a copy of which is on file with the County, as if each and every term and
condition were set out herein in full.
r. That the funds made available to the Contractor under this Contract shall not be used
to supplant other funds, but will be used to increase the amounts of such funds that
would, in the absence of funds under this Contract, be made available for the Project.
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
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'E
workplace or while providing services to DHS clients. Contractor's notice shall specify
the actions that will be taken by Contractor against its employees for violation of sucl-
prohibitions. Contractor shall establish a drug -free awareness program to inform its
employees about: the dangers of drug abuse in the workplace, Contractor's policy of
maintaining a drug -free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon
employees for drug abuse violations; provide each employee to be engaged in the
performance of Work under this Contract a copy of this paragraph, that as a condition
of employment to perform Work under this Contract, the employee will abide by the
terms of this paragraph and notify the employer of any criminal drug statute
conviction for a violation occurring in the workplace no later than five (5) days after
such conviction; notify DHS within ten (10) days after receiving notice under the
previous subparagraph from an employee or otherwise receiving actual notice of suer
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
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paragraph. Neither Contractor, nor any of Contractor's employees, officers, agents or
subcontractors may perform any work required under this Contract while under the
influence of drugs. For purposes of this paragraph, "under the influence" means:
observed abnormal behavior or impairments in mental or physical performance
leading a reasonable person to believe the Contractor or Contractor's employee,
officer, agent or subcontractor has used a controlled substance, prescription or non-
prescription mediation that impairs the Contractor or Contractor's employee, officer,
agent or subcontractor's performance of essential job function or creates a direct
threat to the DHS clients or other. Violation of any provision of this paragraph may
result in termination of the Contract.
v. Contractor shall agree to, sign, date and comply with the Certifications regarding
Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug -Free
Workplace Requirements, marked Exhibit "C" attached hereto and by this reference
incorporated herein.
w. Contractor shall comply with federal rules and statutes pertaining to the Substance
Abuse, Prevention, and Treatment Block Grant, including the reporting provisions of
the Public Health Services Act (42 USC 300x through 300x -21)
10. 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 purchased with Commission 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. Contractor shall indemnify, save harmless and defend the State of Oregon, the
Commission, its officers, agents and employees, and the County, its officers, agents
and employees from and against any and all claims, lawsuits, or actions for damages,
costs, losses and expenses, arising from Contractor torts, as the term tort is defined
in ORS 30.260(8).
b. To the extent permitted by Article XI, Section 10, of the Oregon Constitution and the
Oregon Tort Claims Act, ORS 30.260 through 30.300, to the extent the Act is
applicable,_County shall defend, save, hold harmless, and indemnify Contractor and its
officers, employees and agents from and against all claims, suits, actions, losses,
damages, liabilities, costs and expenses of any nature resulting from or arising out of,
or relating to the activities of County or its officers, employees, contractors, or agents
under this Contract, except for liability arising solely out of the wrongful acts of
employees or agents of the Contractor.
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14. Contract Amendments. The parties may from time to time request amendments to this
Contract. All such amendments, which are mutually agreed upon by and between the parties,
shall be reduced to writing and by reference incorporated herein.
15. Early Termination. This Contract may be terminated as follows:
a. Mutual Consent. County and Contractor, by mutual written agreement, may
terminate this Contract at any time.
b. Party's Convenience. County or Contractor may terminate this Contract for any
reason upon 30 calendar days written notice to the other party.
c. For Cause. County may also terminate this Contract effective upon delivery of written
notice to the Contractor, or at such later date as may be established by the County,
under any of the following conditions:
(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 held by the.
Contractor to provide the services required by this Contract is for any reason
denied, revoked, suspended, not renewed or changed in such a way that tho.
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 disbursemen:
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 when,
such services are authorized pursuant to this Contract and are not disputed b'
County.
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d. Contractor Default or Breach. The County, by written notice to the Contractor, may
immediately terminate the whole or any part of this Contract under any of the
following conditions:
(1) Contractor fails to perform, observe or discharge any of its covenants,
agreements or obligations set forth herein, including but not limited to,
Contractor's failure to comply with the Plan;
(2) Any representation, warranty or statement made by Contractor herein or in any
documents or reports relied upon by County to measure Contractor's
performance hereunder, including without limitation, the conduct of Activities
and or delivery of Services, the expenditure of financial assistance or the
performance by Contractor, is untrue in any material respect when made;
(3) Contractor (i) applies for or consents to the appointment of, or taking of
possession by, a receiver, custodian, trustee, or liquidator of itself or all of its
property, (ii) admits in writing its inability, or is generally unable, to pay its
debts as they become due, (iii) makes a general assignment for the benefit of
its creditors, (iv) is adjudicated a bankrupt or insolvent, (v) commences a
voluntary case under the Federal Bankruptcy Code (as now or hereafter in
effect), (vi) files a petition seeking to take advantage of any other law relating
to bankruptcy, insolvency, reorganization, winding -up, or composition or
adjustment of debts, (vii) fails to controvert in a timely and appropriate
manner, or acquiesces in writing to, any petition filed against it in an
involuntary case under the Bankruptcy Code, or (viii) takes any action for the
purpose of effecting any of the foregoing; or
(4) A proceeding or case is commenced, without the application or consent of
Contractor, in any court of competent jurisdiction, seeking (i) the liquidation,
dissolution or winding -up, or the composition or readjustment of debts, of
Contractor, (ii) the appointment of a trustee, receiver, custodian, liquidator, or
the like of Contractor or of all or any substantial part of its assets, or (iii) similar
relief in respect to Contractor under any law relating to bankruptcy, insolvency,
reorganization, winding -up, or composition or adjustment of debts, and such
proceeding or case continues undismissed, or an order, judgment, or decree
approving or ordering any of the foregoing is entered and continues unstayed
and in effect for a period of sixty consecutive days, or an order for relief against
Contractor is entered in an involuntary case under the Federal Bankruptcy Code
(as now or hereafter in effect).
e. County Default or Breach. Contractor may terminate this Contract in the event of a
breach of this Contract by the County. Prior to such termination, the Contractor shall
give to the County written notice of the breach and intent to terminate. If the County
has not entirely cured the breach within 10 calendar days of the date of the notice,
then the Contractor may terminate this Contract at any time thereafter by giving
notice of termination.
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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 shE II
pay Contractor for work performed prior to the termination date if such work WES
performed in accordance with the Contract. County shall not, however, pay Contractor
for any obligations or liabilities incurred by Contractor after Contractor receives written
notice of termination.
b. If this Contract is terminated under subparagraph 15 d of this Contract, County
obligations shall be limited to payment for services provided in accordance with this
Contract prior to the date of termination, less any damages suffered by the County.
c. If terminated under subparagraph 15 e of this Contract by the Contractor due to 3
breach by the County, then the County shall pay the Contractor for work performel
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.
b. If terminated under subparagraph 15 d. of this Contract by the County due to a breach
by the Contractor, County may pursue any remedies available at law or in equity. Such
remedies may include, but are not limited to, termination of this Contract, return of ail
or a portion of this Contract amount, payment of interest earned on this Contrac:
amount, and declaration of ineligibility for the receipt of future contract awards
Additionally, County may complete the work either itself, by contract with another•
Contractor, or by a combination thereof. If the cost of completing the work exceeds the
remaining unpaid balance of the total compensation provided under this Contract, then
the Contractor shall pay to the County the amount of the reasonable excess.
c. In addition to the remedies in paragraphs 15 through 17 of this Contract for a bread-
by the Contractor, the County also shall be entitled to any other equitable and lega
remedies that are provided by law.
d. If amounts previously paid to Contractor exceed the amount due to Contractor under
this Contract, Contractor shall repay any excess to County upon demand.
e. If the County breaches this Contract, Contractor's remedy shall be limited tc
termination of this Contract and receipt of Contract payments to which Contractor 15
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 beyonc .
reasonable control of County or Contractor, respectively. Contractor shall, however,
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g.
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.
The passage of this Contract expiration date shall not extinguish or prejudice the
County's or Contractor's right to enforce this Contract with respect to any default or
defect in performance that has not been cured. Specifically, but without limiting the
generality of the preceding sentence, termination of this Contract shall not affect
County's right to recover from Contractor, in accordance with the terms of this
Contract, any financial assistance disbursed to Contractor that is identified as an
Underexpenditure or Misexpenditure, as those terms are defined in the State .
18. Contractor's Tender upon Termination. Upon receiving a notice of termination of this
Contract, Contractor shall immediately cease all activities under this Contract unless County
expressly directs otherwise in such notice of termination. Upon termination of this Contract,
Contractor shall deliver to County all documents, information, works -in- progress and other
property that are or would be deliverable had this Contract been completed. Upon County's
request, Contractor shall surrender to anyone County designates, all documents, research,
objects or other tangible things needed to complete the work.
19. No Third Party Beneficiaries. County and Contractor are the only parties to this Contract
and are the only parties entitled to enforce its terms. Nothing in this 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.
c.
d.
comply with all applicable legal requirements;
comply with all programs, directives, and instructions of County relating
storage of equipment or materials;
to safety,
take all precautions necessary to protect the safety of all persons at or near County or
Contractor's facilities, including employees of Contractor, County and any other
contractors or subcontractors and to protect the work and all other property against
damage.
22. Drugs and Alcohol. Contractor shall enforce a zero tolerance as to dealing, possession, or
use of drugs or alcohol by Contractor or its employees, subcontractors and agents while
performing work under this Contract, and upon request by County. demonstrate that a zero -
tolerance drug testing policy is in place.
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23. Expense Reimbursement. If the consideration under this Contract provides for the
reimbursement of Contractor for expenses, County shall only reimburse Contractor for
expenses reasonably and necessarily incurred in the performance of this Contract. Expenses
reimbursed shall be at the actual cost incurred, including any taxes paid, and shall not
include any mark -up unless the mark -up on expenses is specifically agreed to in this
Contract. The cost of any subcontracted work approved in this Contract shall not be marked
up. Contractor shall not bill County for any time expended to complete the documents
necessary for reimbursement of expenses or for payment under this Contract.
24. Criminal Background Investigations.
a. Contractor understands that Contractor is subject to periodic criminal background
investigations by County and, if such investigations disclose criminal activity not
disclosed by Contractor, such non - disclosure shall constitute a material breach of this
Contract and County may terminate this Contract effective upon delivery of written
notice to the Contractor, or at such later date as may be established by the County.
b. Contractor shall take reasonable precautions to assure that Contractor's and it;
subcontractors' employees and agents do not present a substantial risk of harm to
children who receive services from contractor or its subcontractors. Such precautions;
should, if practical, include inquiries through the Sheriff's office or the Oregon State
Police about criminal convictions for child abuse, any sexual offense, child neglect or
any other offense against persons which is indicative of harm to children. No one who
has demonstrated behavior that may have a detrimental effect on a child shall have
access to children.
25. Reports. Contractor shall provide County with periodic reports at the frequency and with the
information prescribed by County. Further, at anytime, County has the right to demand
adequate assurances that the services provided by Contractor shall be in accordance with the
Contract. Such assurances provided by Contractor shall be supported by documentation from
third parties.
26. Access to Records - Audit. Contractor shall maintain fiscal records and all other record:.
pertinent to this Contract.
a. All fiscal records shall be maintained pursuant to generally accepted accountinc
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 authorizes
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 conductinc
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
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Government, and their duly authorized representatives, shall have license to enter
upon Contractor's premises to access and inspect the books, documents, papers,
computer software, electronic files and any other records of Contractor which are
directly pertinent to this Contract for the purpose of making audits, examinations,
excerpts, copies and transcriptions.
c. Contractor shall document the expenditure of all funds received under this Contract.
Contractor shall maintain all expenditure records in accordance with generally accepted
accounting principles and in sufficient detail to permit County, State of Oregon and the
Federal Government to verify how the financial assistance paid under this Contract was
expended.
27. Ownership of Work. All work of Contractor that results from this Contract (the "Work
Product ") is the exclusive property of County. County and Contractor intend that such Work
Product be deemed "work made for hire" of which County shall be deemed author. If, for any
reason, the Work Product is not deemed "work made for hire," Contractor hereby irrevocably
assigns to County all of its right, title, and interest in and to any and all of the Work Product,
whether arising from copyright, patent, trademark, trade secret, or any other state or federal
intellectual property law or doctrine. Contractor shall execute such further documents and
instruments as County may reasonably request in order to fully vest such rights in County.
Contractor forever waives any and all rights relating to Work Product, including without
limitation, any and all rights arising under 17 USC § 106A or any other rights of identification
of authorship or rights of approval, restriction or limitation on use or subsequent
modifications. County shall have no rights in any pre- existing work product of Contractor
provided to County by Contractor in the performance of this Contract except to copy, use and
re -use any such work product for County use only. If this Contract is terminated prior to
completion, and the County is not in default, County, in addition to any other rights provided
by this Contract, may require the Contractor to transfer and deliver all partially completed
work products, reports or documentation that the Contractor has specifically developed or
specifically acquired for the performance of this Contract.
28. Materials. At all times, Contractor shall make reasonable efforts to use recycled materials in
the performance work required under this Contract.
29. Constraints. Pursuant to the requirements of ORS 279B.220 though 279B.235, as applicable,
and Article XI, Section 10, of the Oregon Constitution, the following terms and conditions are
made a part of this Contract:
a. Contractor shall:
(1) Make payments promptly, as due, to all 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.
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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 wit :h
this Contract as such claim becomes due, the appropriate County representative may
pay such claim to the person furnishing the labor or services and charge the amount of
the payment against funds due or to become due Contractor by reason of this
Contract.
c. No person shall be employed for more than ten (10) hours in any one day, or forty
(40) hours in any one week, except in cases of necessity, emergency, or where the
public policy absolutely requires it, and in such cases, the person so employed for tt-e
excessive hours shall receive at least time and one -half pay as follows:
(1) For all overtime in excess of eight hours in any one day or 40 hours in any ore
week, when the work week is five consecutive days, Monday through Friday; or
(2) For all overtime in excess of 10 hours in any one day or 40 hours in any one
week when the work week is four consecutive days, Monday through Friday,
and
(3) For all work performed on Saturday and the following legal holidays:
♦ New Year's Day on January 1.
♦ Memorial Day on the last Monday in May.
♦ Independence Day on July 4.
♦ Labor Day on the first Monday in September
*Thanksgiving Day on the fourth Thursday in November.
♦ Christmas Day on December 25
♦ Each Sunday.
(4) An employer must give notice in writing to employees who perform work under
this Contract in writing, either at the time of hire or before commencement of
work on the Contract, or by posting a notice in a location frequented by
employees, of the number of hours per day and days per week that employees
may be required to work. Persons employed under this contract shall receive at
least time and a half pay for work performed on the legal holidays specified ipi
any applicable collective bargaining agreement or in ORS 279B.020(1)(b)(B) to
(G) and for all time worked in excess of 10 hours in any one day or in excess of
40 hours in any one week.
d. 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 ail
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.
e. This Contract is expressly subject to the debt limitation of Oregon counties set forth iii
Article XI, Section 10, of the Oregon Constitution, and is contingent upon funds beinii
appropriated therefore. Payment under this Contract is also subject to the County'
receipt of funds from the State of Oregon, appropriated for services provided under the
direction of the Commission. Any provisions herein, which would conflict with law, an!
deemed inoperative to that extent.
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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:
a. Contractor shall maintain Commercial General Liability insurance with minimum limits
of liability which are not Tess than the tort claim limits set forth in ORS 30.260, as may
be adjusted from time to time and shall furnish an endorsement which names
Deschutes County, the Commission on Children and Families, and their officers,
agents, employees and volunteers as an additional insured.
b. Contractor shall maintain automobile liability insurance, if applicable, of not less than
the limits set forth below. Insurance shall provide coverage for any motor vehicle
driven during the course of providing services under this Contract.
(1) $500,000, combined single limit, or
(2) Split limits of $250,000 per person, $500,000 per occurrence, $100,000 property
damage.
c. All insurance policies shall be written on an occurrence basis and be in effect for the
term of this Contract. Authorization from Deschutes County is required for any policy
written on a Claims Made basis.
d. Proof of Workers Compensation from the Contractor is required prior to the
commencement of the Contract.
e. Prior to executing this Contract, the Contractor shall provide County the Certificates of
Insurance, and upon County's request, certified copies of Insurance policies and
declarations.
f. Contractor shall immediately notify County if any insurance coverage required by this
Contract will be canceled, not renewed, or modified in any way.
g. Thirty -day cancellation notice is required on all policies.
h.
33. Non - Appropriation. In the event sufficient funds shall not be appropriated for the payment
of consideration required to be paid under the Contract, and if County has no funds legally
available for such consideration from other sources, then County may terminate the Contract
in accordance with Section 15c of this Contract.
34. Attorney Fees. In the event an action, suit or proceeding, including appeal there from, is
brought for breach of any of the terms of this Contract, or for any controversy arising out of
this Contract, each party shall be responsible for its own attorney's fees, expenses, costs and
disbursements for said action, suit, proceeding or appeal.
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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, actio-1,
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. Severability. If any term or provision of this Contract is declared by a court of compete-it
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.
38. 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.
39. 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.
40. Amendments. This Contract may not be waived, altered, modified, supplemented, Or
amended in any manner except by written instrument signed by both parties.
41. Notice. Except as otherwise expressly provided in this Contract, any communicatiois
between the parties hereto or notices to be given hereunder shall be given in writing, to
Contractor or County at the address or number set forth below or to such other addresses or
numbers as either party may hereafter indicate in writing. Delivery may be by personal
delivery, facsimile, or mailing the same, postage prepaid.
a. Any communication or notice by personal delivery shall be deemed delivered when
actually given to the designated person or representative.
b. Any communication or notice sent by facsimile shall be deemed delivered when t ie
transmitting machine generates receipt of the transmission. To be effective agair st
County, such facsimile transmission shall be confirmed by telephone notice to Count "'s
Director of Administrative Services.
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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:
Dennis Dempsey
High Desert Education Service District
145 SE Salmon Ave.
Redmond, OR 97756
To County:
Hillary Saraceno, Director
The Commission on Children & Families
1130 NW Harriman, Suite A
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.
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Dated this of , 2009 BOARD OF COUNTY COMMISSIONERS
ATTEST:
Recording Secretary
DATED this
day of August, 2009
TAMMY BANEY, CHAIR
DENNIS R. LUKE, VICE CHAIR
ALAN UNGER, COMMISSIONER
CONTRACTOR:
ennis Dempsey
High Desert Education Service District
S: \CCFamilies \Grants \2009 -2011 \2009 2010 \Provider Contracts \Healthy Families.doc— Document # 2009 -505
21
Commission on Children & Families Exhibit A
Program /Project Work Plan /Quarterly Report
Provider:
Contact(s):
Project/Activity:
Contract Period:
HDESD Focus area:
Kathy Thompson Family Functioning
Healthy Families of the High Desert Outcome (HLO):
7/1/09 to 6/30/2010 Reduce Child Abuse & Neglect
Activities
Outputs
Outcomes
Measurement Tool
Intensive home visiting to
reduce child maltreatment
and improve parenting
practices
125 high risk families will receive
intensive home visits by a Family
Support Worker
75% of families receiving home visiting
services will report that Healthy Start
helped them to develop a positive social
support system. Target: 94 1.02.01
Parent Survey, Parent
Intake administered at
intake and periodically
thereafter, reported
75% of families receiving home visiting
services will show an increase in positive
parent child interactions.
Target: 94 1.04.02
Parent Intake, /Survey
administered at Intake and
periodically thereafter,
reported quarterly
Intensive home visiting to
reduce child maltreatment
and improve parenting
practices provided by a
Family Support Worker
and a nurse
20 Parole & Probation families will
recieve intensive bi- monthly home
visits from a Family Support
Worker and bi- monthly home visits
from a nurse
75% of Parole and Probation families
receiving home visiting services will show
an increase in positive parent child
interactions. Target: 15
1.04.02
_
Parent Intake, /Survey
administered at Intake and
periodically thereafter,
reported quarterly
S: \CCFamilies \Grants\2009- 2011\2009 2010 \Original Provider Workbooks \Sarah \Complete \Healthy Families of the High Desert 09- 10.xlswp qrt rpt Revised 10.08
BUDGET
Program Name: Healthy Families of the High Desert
Contract Period: 7/1/09 to 6/30/2010
The budget must contain at least 25% or $20,000 (whichever
is less) of project funds in the form of cash. The match must
come from sources other than the Commission. Cash match
is defined as funds derived by fundraising activities, grants or
any source other than state general fund or Federal Medicaid
resources.
EXHIBIT B
REVENUE - Source
Amount
%
CCF: CYF Flex
$ 13,567.00
2%
CCF: Great Start
$ 13,020.00
2%
CCF: FPS - Fed
$ 11,758.00
2%
CCF: HS GF
$ 240,625.00
43%
CCF: HS Medi
$ 95,000.00
17%
CCF: JCP Prev
$ 36,769.00
7%
CCF: CPF
$ 31,500.00
6%
User Fees /Program Fees
Other:
Board of County Commissioners
$5,000
1%
Deschutes County Drug Court
$12,000
2%
N.W. Regional Lab
$ 3,500.00
1%
(SCMC, ESD, DCF, DCHD)
$80,000
14%
Other: Federal Funds
0%
Donations /fundraising
$5,000
1%
Volunteer hours : 480 x $20.25
$9,720
2%
Total Revenue
$ 557,459.00
100%
BUDGET - Expenses
Program Name:
Contract Period:
EXHIBIT "B" Cont.
Healthy Families of the High Desert
7/1/09 to 6/30/10
Expenditures
CCF Funds
Expenditures
from other sources
Total Program Cost
Administration Cost -
Indirect Charges for
Program Administration
$31,378
$31,378
Direct Service Personnel
List # of people and
FTE for each person
Program Manager (.85)
$65,837
$E5,837
Team Leader (.75)
$43,761
$43,761
Family Support Worker (4.FTE)
$202,025
$12,000
$214,025
Family Support Worker (.45)
$16,187
$16,187
Secretary (.45)
$13,440
$13,440
Nurse (.5)
$40,136
$40,136
Subcontractors/Consultants
Materials & Services
$23,975
$8,500
$32,475
Office Supplies /Expenses
$2,000
$5,000
$7,000
Capital Equipment
$1,500
$1,500
Staff Development
$2,000
$2,000
Volunteer Resources
$89,720
$89,720
TOTAL:
$
442,239.00
$
115,220.00
$557,459
Exhibit C
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 ail 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 to comply
with the terms of this certification.
3. Contractor understands that, if this Contract involves federally appropriated funds, this
certification is a material representation of facts upon which reliance was placed when this
Contract was made or entered into, submission of this certification is a prerequisite for make
or entering into this Contract imposed by Section 1352, Title 311, U.S. Code and that any
person who fails to file the required certification shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each failure.
e/ 2CcE q
(actor Signature 1 Date r f
Exhibit "D"
Contractor's Reporting Requirements
Contractor: High Desert ESD
Program: Healthy Families of the High Desert
Contractor is required to submit the following:
X Quarterly work plan report for Parole and Probation client services
n Quarterly CCF Demographics report
X Quarterly Funds request
X Ongoing reporting into NPC reporting system
n Program Data submitted to CCF staff semi - annually
n Monthly MDS Report (due by the 10th of the month)
Quarterly reporting due dates:
October 15, 2009
January 15, 2010
April 15, 2010
July 15, 2010
United Schools Insurance Program of Oregon
CERTIFICATE OF INS INSURANCE : SSI/EDATE 01 -JUL 2009
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT
AMEND, EMEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPAP $ AFFORDING COVERAGE
Pubic Risk Underwriters of the Northwest, Inc.
451 Diamond Drive
Ephrata, WA 98823
509- 754 -2027
Fax - 509- 754 -3406
High Desert ESD
145 SE Salmon Ave, Suite B
Redmond, OR 97756
GENERAL LIABILITY
USIPO / Munich Re America
AUTOMOBILE LIABLITY
USIPO / Munich Re America
PROPERTY
USIPO / Munich Re America
CRIME I PUBLIC EMPLOYEE DISHONESTY
USIPO / Munich Re America
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATEC, NOT
WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN. 1HE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POL CIES.
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF
INSURANCE::
_._.... POUCY WHOM
PW;1GX: EFF
HATE
::POLICY :EXP DESCRIPTION
OATE
GENERAL UABLITY
LITY
COMMERCIAL GENERAL LIABILITY
OCCURRENCE FORM
Ot0(X0t74X7DEX
USIP0091040868 07/01/2009 07/01/2010 GENERAL AGGREGATE
(LIABILITY IS SUBJECT TO A 550,000 SIR PAYABLE FROM POOL FUNDS)
AUTOMOBILE marry
PRODUCT- COMP/OP AGG
PERSONAL & ADV. INJURY
EACH OCCURRENCE
ANNUAL POOL AGGREGATE
520,000,000
520,000,000
510,000,000
510,000,000
5100,000,000
ANY AUTO USIP0091040868 07/01/2009
07/01/2010 COMBINED SINGLE LIMIT
510,000,000
(LIABILITY IS SUBJECT TO A 550,000 SIR PAYABLE FROM POOL FUNDS) ANNUAL POOL AGGREGATE Included with GL
PROPERTY
USIP0091040868 07/01/2009 07/01/2010 ALL RISK PER OCC EXCL EQ & FL
EARTHQUAKE PER OCC
FLOOD PER OCC
ANNUAL POOL AGGREGATE
(PROPERTY IS SUBJECT TO A 525,000 SIR PAYABLE FROM POOL FUNDS)
CRIME / PUBLIC
5200,000,000
510,000,000
55,000,000
5500.000.000
USIP0091040868 07101/2009 07/01/2010 PER LOSS 5500,000
DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEINCLES 1 SPECIAL tiElll$
Deschutes County, its officers, agents, employees and volunteers are named as Additional Insured with regard to the High Desert
ESD contracts with Deschutes County to provide services for Family Access Network, First Step, Little Step and Ready Set Go and
Healthy Beginnings, subject to policy terms, conditions and exclusions. Addiitonal Insured endorsement is attached.
CANCELLATION
JUL l 2r c.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY ILL NDEAVOR 70
MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED BELOW. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO LIABILITY OR OBLIGATION ( F
ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. DESCHUTES COu fir° y
1Zt liIO,,.. RI 1T1iiiVE
Deschutes County
1340 NW Wall Street
Bend, OR 97701
2294519
POLICY NUMBER: US1P0091040868 COMMERCIAL GENERAL. LIABILITY
CG 20 26 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
SCHEDULE
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Name Of Additional Insured Person(s) Or Organization(s)
Deschutes County
1340 NW Wall Street
Bend, OR 97701
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Section II — Who Is An Insured is amended to in-
clude as an additional insured the person(s) or organi-
zation(s) shown in the Schedule, but orgy with respect
to liability for "bodily injury", "property damage" or
"personal and advertising injury" caused, in whole or
in part, by your acts or omissions or the acts or omis-
sions of those acting on your behalf:
A. In the performance of your ongoing operations; or
8. In connection with your premises owned by or
rented to you.
CG 20 26 07 04
2294519
JUL 6 6 ?Oft.
3.ESCHUTES COUNTY
RESic MANAGEMENT
ISO Properties, Inc., 2004 Page 1 of 1 0
saiFcorporation
400 High Street SE
Salem, OR 97312 -1000
Toll Free 1- 800 - 285 -8525
MAIL TO:
DESCHUTES COUNTY COMMISSION ON CHIL
ATTN: SARAH JOHNSON
1130 NW HARRIMAN AVE, SUITE A
BEND , OR 97701
OREGON WORKERS COMPENSATION
CERTIFICATE OF INSURANCE
CERTIFICATE HOLDER:
DESCHUTES COUNTY COMMISSION ON CH
ATTN: SARAH JOHNSON
1130 NW HARRIMAN AVE, SUITE A.
BEND , OR 97701
The policy of insurance listed below has been issued to the insured named below for the policy
period indicated. The insurance afforded by the policy described herein is subject to all the
terms, exclusions and conditions of such policy.
POLICY NO.
246652
INSURED:
HIGH DESERT EDUCATION SERVICE DISTR
145 SE SALMON SUITE A
REDMOND, OR 97756 -8427
POLICY PERIOD ISSUE DATE
07/01/2009 to 07/01/2010 06/26/2009
BROKER OF RECORD:
LIMITS OF LIABILITY
Bodily Injury by Accident $500,000 each accident
Bodily Injury by Disease $500,000 each employee
Bodily Injury by Disease $500,000 policy limit
DESCRIPTION OF OPERATIONS /LOCATIONS /SPECIAL ITEMS:
IMPORTANT:
The coverage described above is in effect as of the issue date of this certificate. It is subject
to change at any time in the future.
This certificate is issued as a matter of information only and confers no rights to the certificate
holder. This certificate does not amend, extend or alter the coverage afforded by the policies
above.
AUTHORIZED REPRESENTATIVE
,P%ir
President and CEO
NANOVE