HomeMy WebLinkAboutDoc 506 - Saving Grace - Marys Pl - CCFDeschutes 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 -506, contract for sub -grant of $190,685 with
Saving Grace — Imagine Life Without Violence.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
This contract is the result of a continuation of the Department of Justice, Office of Violence Against
Women (DOJ OVW), Safe Havens: Supervised Visitation and Exchange Program Grant to September
30, 2010. The total award for the period October 1, 2008 - September 30, 2010 was $250,000. The total
award to Deschutes County since 2003 is $894,794 ($119,914 planning and $774,880 implementation).
This contract funds Mary's Place, a supervised visitation program in the Mike Maier County Services
Building. Mary's Place provides a safe, secure site for visitation and exchanges of children between
custodial and non - custodial parents with a history of domestic violence, sexual assault, child abuse or-
stalking. Planning for Mary's Place began in 2003 and Mary's Place opened its doors in January 2001i.
Since then Mary's Place has supervised nearly 2,500 safe visits and exchanges and for over 150
families.
FISCAL IMPLICATIONS:
The grant amount was included in the 2009/2010 adopted budget. The grant to Saving Grace is
comprised to two revenue sources; $120,685 Federal Safe Havens grant and $70,000 State of Oregon
Circuit Court Conciliation Fees.
RECOMMENDATION & ACTION REQUESTED:
Approval and signature of Document No. 2009 -506
ATTENDANCE: Sarah Johnson
DISTRIBUTION OF DOCUMENTS:
Two originals back to Debi Harr, Commission on Children & Families, 1130 NW Harriman, Suite A,
Bend, OR 97701
August 6, 2009
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 returned to
the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the
County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form
electronically to the Board Secretary.)
Date:
Please complete all sections above the Official Review Tine.
Department:
CCF
Contractor /Supplier /Consultant Name: Saving Grace - Mary's Place
Contractor Contact: Gail Bartley
9227
Type of Document: Services Agreement
Contractor Phone #:
(541) 382-
Goods and /or Services: Provide supervised visits and exchanges for families that
have experience domestic violence, child abuse, stalking or sexual assault.
Background & History: Mary's Place is a safe, secure site for visitation and
exchanges of children between custodial and non - custodial parents. Pass through
Federal Safe Havens grantee since 2005, and State of Oregon court filing fees to
supplement activities.
Agreement Starting Date:
Annual Value or Total Payment: ,
190,685
Ending Date:
g Insurance Certificate Received (check box)
Insurance Expiration Date:
Check all that apply:
RFP, Solicitation or Bid Process
Informal quotes ( <$150K)
® Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37)
II
II
July 1, 2010
June 30, 2010
Funding Source: (Included in current budget? X Yes n No
If No, has budget amendment been submitted? 1 Yes I No
Is this a Grant Agreement providing revenue to the County?
Yes ® No
Special conditions attached to this grant: Exhibit D - Safe Havens grant special
conditions
Deadlines for reporting to the grantor: See Exhibit D — Quarterly
8/6/2(~09
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: [- Yes (l 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:
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): 51 BOCC ❑ Department Director (if <$25K)
❑ Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. )
Legal Review
Document Number
2009 -506
Date
cy.z�. a f
8/6/2009
LEGAL COUNSEL
For Recording Stamp Only
Contract for Subgrant Under
The Deschutes County Commission on Children & Families
Contractor: Saving Grace - Imagine Life without Violence
Project: Mary's Place
Contact: Gail Bartley
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 SAVING
GRACE - IMAGINE LIFE WITHOUT VIOLENCE, an Oregon non - profit corporation, Federal Tax
ID # 93- 0797194, 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 & Famil es
or the Director's designee.
Grant - The application, award, and incorporated documents constituting an agreement between
County and the Office of Violence Against Women Safe Havens grant and State of Oregon Circuit
Court filing fees to carry out the Project.
Other granting organizations - Any entity providing resources (to the Commission) that prov de
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
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
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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 $190,685.
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 for
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 consert
of County shall constitute a material breach of this Contract.
b. Any such assignment or transfer, if approved, is subject to such conditions ani
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 maximul n
Contract consideration.
d. Prior written approval shall not be required for the purchase by the Contractor if
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 th s
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 tte
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 e:o
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 rney
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 scheduve
determined by the Director at the beginning of the contract period. Reports may he
submitted electronically using forms /templates approved by the Commission. The
number of payments will be based upon the number of calendar quarters contained ,n
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 Df
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 in
Exhibit B that are in excess of ten percent (10 %) of the amount of the contractA
amount, and obtain prior approval of all contracts and procurements involviig
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.
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.
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 reducirg
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 :o
determine Contractor eligibility for payment, including all required reports, is true ar d
accurate to the best of the Contractor's knowledge. The Contractor's representative
signing this Contract further attests that they have the authority to represent their
organization in all phases of the contract, including the selection process. Contractor's
representative signing this Contract understands that any false or substantial y
incorrect statements may disqualify the Contractor's proposal from furthonr
consideration, and shall be cause for termination of any contract.
n. Contractor shall expressly refer to the Commission's financial support n
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 wi':h
Deschutes County or the Commission's programs or processes. Such concerns or
issues shall not be addressed in published materials or the media. Significant issues
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 thEn
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, if
more than one year, the first anniversary of the contract), the contractor shall
prepare and adopt a formal work place policy related to reporting of child abuse. At a
minimum, the policy will include a statement of how child abuse will be recognized
and reported and how the Contractor will provide necessary staff training to ensu -e
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 wish
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 servi :e
without regard to the age, gender or cultural differences among clients. This includ ?.s
Contractor having sufficient training and knowledge, as well as appropriate age,
gender and cultural neutral program features. If local training programs are availat le
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 fir
Contractor to have a Data Universal Numbering System (DUNS) number and :o
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, wome i-
owned or emerging small businesses, and (g) all regulations and administrative rules
established pursuant to the foregoing laws, (h) all other applicable requirements of
federal civil rights and rehabilitation statutes, rules and regulations, (i) all federal laws
requiring reporting of client abuse, (j) the Americans with Disabilities Act of 19910
(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 111
programs, services and training associated with Contractor's programs and activities.
These laws, regulations and executive orders are incorporated by reference herein :o
the extent that they are applicable to the Contract and required by law to be ;o
incorporated. No federal funds may be used to conduct activities in violation of 42
USC 14402.
f. When utilizing federal Title IV -B2 Family Preservation and Support Services funds, the
additional federal requirements applicable to Title IV -B2 Family Preservation and
Support Services funds in 42 USC 629 et seq., including but not limited to:
maintaining and providing to County such documentation as the County shall require
to comply with federal reporting requirements; 45 CFR Part 92; and the limitations on
the use of Title IV -B2 funds in 42 USC 629d.
g. When utilizing federal Child Care and Development block grant funds, the additioral
federal and state requirements applicable to Child Care and Development block grant
funds in 42 USC 9858 et seq., and 45 CFR Part 98, including but not limited to:
maintaining and providing to County such documentation as the County shall require
to comply with federal reporting requirements; and the limitations on the use of such
funds in 42 USC 9858d and 45 CFR 98.54 and OAR 423 - 010 - 0024(2).
h. With respect to federal funds under this Contract, Contractor agrees to comply with
the provisions of the OMB Circular A -87, Revised "Cost Principles for State, Local and
Indian Tribal Governments." Federal funds received by Contractor under this Contract
from the sources identified in paragraphs c, d, f and g of this Section 9 are subject to
the audit requirements under the Single Audit Act Amendments of 1996 and OMB
Circular A -133, Revised, "Audits of Institutions of Higher Education, and Other Non
Profit Organizations."
J•
All mandatory standards and policies that relate to resource conservation aid
recovery pursuant to the Resource Conservation and Recovery Act (codified at 42 USC
6901 et. seq.). Section 6002 of that Act (codified at 42 USC 6962) requires that
preference be given in procurement programs to the purchase of specific products
containing recycled materials identified in guidelines developed by the Environmental
Protection Agency. Current guidelines are set forth in 40 CFR Parts 247 -253.
The following environmental laws: (1) all applicable standards, orders or requiremer is
issued under the Clean Air Act (codified at 42 USC 7401 et. seq.) and the Fede al
Water Pollution Control Act, as amended (codified at 33 USC 1251 et. seq.), (2)
Executive Order No. 11,738 of the President of the United States and (3)
Environmental Protection Agency regulations set forth in 40 CFR Part 15. Contractor
shall promptly report all violations of the federal laws to County. Contractor shall
include and require the inclusion in all contracts with recipients receiving more th an
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I I
$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.
1. 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 anc
Accountability Act of 1996 ( "HIPAA ") and the federal regulations implementing HIPAP.
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 c
manner that would violate DHS Privacy Rules, OAR 410 - 014 -0000 et. seq. or DHS
Notice of Privacy Practices, if done by DHS. A copy of the most recent DHS Notice of
Privacy Practices is posed on the DHS web site at
http: / /www.dhs. state. or. us / policy /admin /infosecuritylist.htm or may be obtained from
DHS.
q. By signature of this Contract, Contractor agrees to the terms and conditions of that
certain grant contract by and between the County and the State of Oregon for this
project, 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 a
statement notifying its employees that the unlawful manufacture, distribution,
dispensation, possession or use of a controlled substance, except as may be present
in lawfully prescribed or over - the - counter medications, is prohibited in Contractor's
workplace or while providing services to DHS clients. Contractor's notice shall specify
the actions that will be taken by Contractor against its employees for violation of such
prohibitions. Contractor shall establish a drug -free awareness program to inform its
employees about: the dangers of drug abuse in the workplace, Contractor's policy of
maintaining a drug -free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon
employees for drug abuse violations; provide each employee to be engaged in the
performance of Work under this Contract a copy of this paragraph, that as a condition
of employment to perform Work under this Contract, the employee will abide by the
terms of this paragraph and notify the employer of any criminal drug statute
conviction for a violation occurring in the workplace no later than five (5) days after
such conviction; notify DHS within ten (10) days after receiving notice under the
previous subparagraph from an employee or otherwise receiving actual notice of such
conviction; impose a sanction on, or require the satisfactory participation in a drug
abuse assistance or rehabilitation program by any employee who is so convicted as
required by Section 5154 of the Drug -Free Workplace Act of 1988; and make a good -
faith effort to continue a drug -free workplace through implementation of this
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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 th s
Contract. All such amendments, which are mutually agreed upon by and between the partie,;,
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 writte t
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 level;
sufficient to allow for the purchase of the indicated quantity of services a3
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 fo-
payments authorized by this Contract.
(3)
In the event sufficient funds are not appropriated for the payment of
consideration required to be paid under this Contract, and if County has no
funds legally available for consideration from other sources.
(4) If any license or certificate required by law or regulation to be held by the
Contractor to provide the services required by this Contract is for any reason
denied, revoked, suspended, not renewed or changed in such a way that the
Contractor no longer meets requirements for such license or certificate.
(5)
If County disbursements of financial assistance under this Contract for
particular Activity or Service is reduced for any reason, County is not requires
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 precedinc
sentence, reduce or eliminate the quantity of Activities or Services within E3
particular Funding Area commensurate with the size of the disbursemeni .
reduction for that Funding Area.
(6) Notwithstanding the foregoing, County shall make payments to reimbursF
Contractor for services provided prior to the effective date of termination wher€
such services are authorized pursuant to this Contract and are not disputed by
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 shall
pay Contractor for work performed prior to the termination date if such work WE s
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 th,s
Contract prior to the date of termination, Tess any damages suffered by the County.
c. If terminated under subparagraph 15 e of this Contract by the Contractor due to a
breach by the County, then the County shall pay the Contractor for work performed
prior to the termination date if such work was performed in accordance with the
Contract.
17. Remedies. In the event of breach of this Contract the parties shall have the following
remedies:
a. Termination under subparagraphs 15 a through 15 c of this Contract shall be without
prejudice to any obligations or liabilities of either party already reasonably incurred
prior to such termination. Contractor may not incur obligations or liabilities after
Contractor receives written notice of termination. Additionally, neither party shall be
liable for any indirect, incidental, consequential or special damages under this Contract
or for any damages of any sort arising solely from the termination of this Contract in
accordance with its terms.
b. If terminated under subparagraph 15 d. of this Contract by the County due to a breach
by the Contractor, County may pursue any remedies available at law or in equity. Such
remedies may include, but are not limited to, termination of this Contract, return of all
or a portion of this Contract amount, payment of interest earned on this Contrac:
amount, and declaration of ineligibility for the receipt of future contract awards.
Additionally, County may complete the work either itself, by contract with anothe-
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 breach
by the Contractor, the County also shall be entitled to any other equitable and legal
remedies that are provided by law.
d. If amounts previously paid to Contractor exceed the amount due to Contractor under
this Contract, Contractor shall repay any excess to County upon demand.
e. If the County breaches this Contract, Contractor's remedy shall be limited tc
termination of this Contract and receipt of Contract payments to which Contractor i!
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;
comply with all applicable legal requirements;
comply with all programs, directives, and instructions of
storage of equipment or materials;
b.
c.
d.
County relating 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 th.3
reimbursement of Contractor for expenses, County shall only reimburse Contractor for
expenses reasonably and necessarily incurred in the performance of this Contract. Expense;
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 thi 3
Contract and County may terminate this Contract effective upon delivery of written
notice to the Contractor, or at such later date as may be established by the County.
b. Contractor shall take reasonable precautions to assure that Contractor's and its
subcontractors' employees and agents do not present a substantial risk of harm to
children who receive services from contractor or its subcontractors. Such precautions
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 o-
any other offense against persons which is indicative of harm to children. No one who
has demonstrated behavior that may have a detrimental effect on a child shall have
access to children.
25. Reports. Contractor shall provide County with periodic reports at the frequency and with the
information prescribed by County. Further, at anytime, County has the right to demand
adequate assurances that the services provided by Contractor shall be in accordance with the
Contract. Such assurances provided by Contractor shall be supported by documentation from
third parties.
26. Access to Records - Audit. Contractor shall maintain fiscal records and all other records
pertinent to this Contract.
a. All fiscal records shall be maintained pursuant to generally accepted accounting
standards, and other records shall be maintained to the extent necessary to clearly
reflect actions taken. All records shall be retained and kept accessible for at least three
years following the final payment made under this Contract or all pending matters are
closed, which ever is later. If an audit, litigation or other action involving this Contrac':
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 review(;
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 record!
also include licensed software and any records in electronic form, computer hart
drives, tape backups and other such storage devices. County shall reimburs(
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 Federa
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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 witty
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 cf
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 the
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 one
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 unde-
this Contract in writing, either at the time of hire or before commencement o-
work on the Contract, or by posting a notice in a location frequented by
employees, of the number of hours per day and days per week that employees
may be required to work. Persons employed under this contract shall receive at
least time and a half pay for work performed on the legal holidays specified in
any applicable collective bargaining agreement or in ORS 279B.020(1)(b)(B) to
(G) and for all time worked in excess of 10 hours in any one day or in excess o
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 needec
care and attention, incident to sickness or injury to the employees of Contractor, of al
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 tc
any law, contract or agreement for the purpose of providing or paying for sucl
services.
e. This Contract is expressly subject to the debt limitation of Oregon counties set forth it
Article XI, Section 10, of the Oregon Constitution, and is contingent upon funds beinc .
appropriated therefore. Payment under this Contract is also subject to the County'1
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, are
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 less 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 Tess 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, actior
suit or proceeding (collectively, "Claim ") between County and Contractor that arises from cr
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 competent
jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and
provisions shall not be affected, and the rights and obligations of the parties shall be
construed and enforced as if this Contract did not contain the particular term or provision
held invalid.
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 communicatiors
between the parties hereto or notices to be given hereunder shall be given in writing, io
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 tI e
transmitting machine generates receipt of the transmission. To be effective again ;t
County, such facsimile transmission shall be confirmed by telephone notice to County'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:
Janet Huerta
SavingGrace
1425 NW Kingston Avenue
Bend OR 97701
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:
By anet Huerta
Sa ing Grace
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S: \CCFamilies \Grants \2009 - 2011\2009 2010 \Original Provider Workbooks \Sarah \Mary's Place 09 -10 (5).xls
Commission on Children & Families EXHIBIT "A"
Program/Project Work Plan /Quarterly Report
Provider:
Contact(s):
Project/Activity:
Contract Period:
Saving Grace - Imagine Life
Without Violence
Janet Huerta
Mary's Place
7/1/09 to 6/30/2010
Focus area:
Family Functioning
Outcome (HLO):
Reduce Domestic Violence
Activities
Outputs
Outcomes
Qtr t
Qtr 2
'�
Qtr 3
qtr a
Total - �
Measurement Tool
Provide supervised visits and
safe safe exchanges for families
who have experienced
domestic violence, child
abuse, stalking, or sexual
assault.
Offer a combined total of 1100
supervised visits and exchanges
85% of victims surveyed wit report
an increased feeling of safety
4.06.01 Target: 45
As measured by semi-
annual victim surveys (Q2
and Q4)
Served
� �
'`Q
#assessed
• ' o
#successful
%
't�
a
�
0
Provide outreach to teen
parents
Provide 12 outreach contacts (one
a month from July - June)
Served
�'
As measured by outreach
tracking log
#assessed
#successful
"^ . - 0
%
0% . ~fib
$
i • ,
ri
p
a
Provide outreach to rural
communities
Provide 12 outreach contacts (one
a month from July - June)
Served
' -
0
p!
As measured by outreach
tracking log
#assessed
`•;
-• t
` -.
y , ;,.Q
#successful
� * e��1
,��,�. x�tm
a _'•C
Increase the number of
Latino Families aware of
services
Engage in 24 consultations with bi-
lingual court advocate
Served
.? ; >,ir
0
As measured by
consultation tracking log
#assessed
� � °i.
-.
0
#successful
%
OcY4 `
0% ..'.'
p
i 7�'" . ` .
t�,•
Q% z },,, >, $
i ..:
({�Q
,. ti0 %.
S: \CCFamilies \Grants\2009 - 2011\2009 2010 \Original Provider Workbooks \Sarah \Mary's Place 09 -10 (5).xls
BUDGET
EXHIBIT B
The budget must contain at least 25% or $20,000 (whichever is Tess) 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.
Program Name: Mary's Place
Contract Period: 7/1/09 to 6/30/2010
REVENUE - Source
Amount
cyo
Safe Havens
Filing Fees
Amount Requested from CCF in this proposal
120,685.00
70,000.00
$ 190,685.00
7E%
User Fees /Program Fees
$ 5,000.00
L%
Other: County General Funds (do not include this proposed grant)
$ -
Other: Federal Funds
Other: Public Funds
Other: Private Grants
In Kind
Deschutes United Way
Donations
$ 10,000.00
L%
Vounteer Hours of hours 2400 @ 20.25 /hr)
$ 48,600.00
1 %
Total Revenue
$ 254,285.00
10(,%
S: \CCFamilies \Grants \2009 -2011 \2009 2010 \Original Provider Workbooks \Sarah \Mary's Place 09 -10 (5).xl:
BUDGET - Expenses
Program Name: Mary's Place
Contract Period: 7/1/09 to 6/30/2010
EXHIBIT "B" Cont.
S: \CCFamilies \Grants \2009 - 2011 \2009 2010 \Original Provider Workbooks \Sarah \Complete \Mary's Place 09 -10. ds
Proposed Expendi-
tures from CCF
funding requested in
this proposal
Proposed
Expenditures
from other sources
Total Program Cost
Administration Cost -
Indirect Charges for
Program Administration
Admin % cannot exceed 8%
$
15,000.00
$ 15,(100.00
Direct Service Personnel
List # of people and
FTE for each person
see below
Safe Havens
Filing Fees
Subcontractors /Consultants
$
$
107,508.00
66,132.00
$ -
$ 107,508.00
$ 66," 32.00
$
400.00
$ g -00.00
Materials & Services
Office Supplies /Expenses
$
9,145.00
$ 9,145.00
Capital Equipment
Other TRAVEL & TRAINING
$
7,500.00
$ 7,500.00
Volunteer Resources
$
48,600.00
$ 48,600.00
TOTAL:
$
190,685.00
$
63,600.00
$ 254,285.00
S: \CCFamilies \Grants \2009 - 2011 \2009 2010 \Original Provider Workbooks \Sarah \Complete \Mary's Place 09 -10. ds
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:
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.
No federally appropriated funds have been paid or shall be paid, by or on behalf of
Contractor, to any person for influencing or attempting to influence an officer or employee of
any agency, a member of Congress, an officer or employee of Congress, or an employee of a
member of Congress in connection with the awarding of any federal contract, the making of
any federal grant, the making of any federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
federal contract, grant, loan, or cooperative agreement.
a. If any funds other than federally appropriated funds have been paid or shall be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, an officer or employee of Congress, or an employee of a
member of Congress in connection with this federal contract, grant, loan, or cooperative
agreement, Contractor agrees to complete and submit Standard Form -LLL "Disclosure
Form to Report Lobbying," in accordance with its instructions. Standard Form -LLL and
instructions are located in 45 CFR Part 93 Appendix B. If instructions require filing the
form with the applicable federal entity, Contractor shall then as a material condition of this
Contract also file a copy of the Standard Form -LLL with the Department. This filing shall
occur at the same time as the filing in accordance with the instructions.
b. Contractor understands this certification is a material representation of fact upon which
the County and the Department has relied in entering into this Contract. Contractor
further understands that submission of this certification is a prerequisite, imposed by 31
USC 1352 for entering into this Contract. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
c. Contractor shall include the language of this certification in the award documents for all
sub - awards at all tiers (including subcontracts, sub - grants, and contracts under grants,
loans and cooperative agreements) and that all sub - recipients shall certify and disclose
accordingly.
d. Contractor is solely responsible for all liability arising from a failure by Contractor to
comply with the terms of this certification. Additionally, Contractor promises to indemnify
County for any damages suffered by County as a result of Contractor's failure to comply
with the terms of this certification.
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 m re than $100,000 for each failure.
/ 1/0
Co; tractor Signature Date
Exhibit "D"
Contractor's Reporting Requirements
Saving Grace — Imagine Life Without Violence is required to submit the following:
EZI
El
Work Plan report (Report survey results in Q2 and Q4)
Quarterly CCF Demographics report
Quarterly Funds Request
Ongoing reporting into Comet reporting system. Submit to CCF
quarterly.
Program Data submitted to CCF staff semi - annually (Q2 and Q4)
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
Office on Violence Against Wor -'i
EXHIBIT "D"
AWARD CONTINUATIOT
SHEET
CT NUMBER 2005 -CW -AX -0036
Grant
AWARD DATE 09/22/2008
PAGE 2 OF 5
SPECIAL CONDITIONS
1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the
Office of Justice Programs (OJP) Financial Guide.
2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is
required to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a
violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the
recipient is in compliance.
3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A -133, Audits of States,
Local Governments, and Non - Profit Organizations, as further described in the current edition of the OJP Financial
Guide, Chapter 19.
4. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the
enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government without the
express prior written approval of OVW, in order to avoid violation of 18 USC § 1913. The recipient may, however, use
federal funds to collaborate with and provide information to Federal, State, local, tribal and territorial public officials
and agencies to develop and implement policies to reduce or eliminate domestic violence, dating violence, sexual
assault, and stalking (as those terms are defined in 42 USC 13925(a)) when such collaboration and provision of
information is consistent with the activities otherwise authorized under this grant program.
5. The grantee agrees to comply with all relevant statutory and regulatory requirements which may include, among other
relevant authorities, the Violence Against Women Act of 1994, P.L. 103 -322, the Violence Against Women Act of
2000, P.L. 106 -386, the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.0 3711 et seq., the Violence
Against Women and Department of Justice Reauthorization Act of 2005, P.L. 109 -162, and OVW's implementing
regulations at 28 CFR Part 90.
6. Approval of this award does not indicate approval of any consultant rate in excess of $450 per day. A detailed
justification must be submitted to and approved by the Office on Violence Against Women prior to obligation or
expenditure of such funds.
7. The Director of OVW, upon a finding that there has been substantial failure by the grantee to comply with applicable
laws, regulations, and/or the terms and conditions of the grant or cooperative agreement, will terminate or suspend until
the Director is satisfied that there is no longer such failure, all or part of the grant or cooperative agreement, in
accordance with the provisions of 28 CFR Part 18, as applicable mutatis mutandis.
8. The grantee agrees to submit one copy of all reports and proposed publications funded under this project not less than
twenty (20) days prior to public release for OVW review. Prior review and approval of a report or publication is
required if project funds are to be used to publish or distribute reports and publications developed under this grant.
9. The grantee agrees to submit semiannual progress reports that describe project activities during the reporting period.
Progress reports must be submitted within 30 days after the end of the reporting periods, which are January 1 -June 30
and July 1 - December 31 for the duration of the award. Future awards may be withheld if progress reports are
delinquent. Grantees are required to submit this information online, through the Grants Management System (GMS), on
the semi - annual progress report for the relevant OVW grant programs.
4000/2 (REV. 4 -88)
Office on Violence Against
AWARD CONTINUATIC
SHEET
Grant
PAGE 3 OF 5
CT NUMBER 2005 -CW -AX -0036 AWARD DATE 09/22/2008
SPECIAL CONDITIONS
10. The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice
regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation "). The Equal
Treatment Regulation provides in part that Department ofJustice grant awards of direct funding may not be used to
fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct
grants may still engage in inherently religious activities, but such activities must be separate in time or place from the
Department of Justice funded program, and participation in such activities by individuals receiving services from the
grantee or a sub - grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations
participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision
of services on the basis of a beneficiary's religion.
11. Pursuant to 28 CFR §66.34, the Office on Violence Against Women reserves a royalty -free, nonexclusive, and
irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, in whole or in part (including
in the creation of derivative works), for Federal Govemment purposes:
(a) any work that is subject to copyright and was developed under this award, subaward, contract or subcontract
pursuant to this award; and
(b) any work that is subject to copyright for which ownership was purchased by a recipient, subrecipient or a contractor
with support under this award.
In addition, the recipient (or subrecipient, contractor or subcontractor) must obtain advance written approval from the
Office on Violence Against Women program manager assigned to this award, and must comply with all conditions
specified by the program manager in connection with that approval before: 1) using award funds to purchase ownership
of, or a license to use, a copyrighted work; or 2) incorporating any copyrighted work, or portion thereof, into a new
work developed under this award.
It is the responsibility of the recipient (and of each subrecipient, contractor or subcontractor as applicable) to ensure
that this condition is included in any subaward, contract or subcontract under this award.
12. A final report, which provides a summary of progress toward achieving the goals and objectives of the award,
significant results, and any products developed under the award, is due 90 days after the end of the award. The Final
Progress Report should be submitted to the Office on Violence Against Women through the Grants Management
System with the Report Type indicated as "Final ".
13. The grantee agrees that grant funds will not support activities that may compromise victim safety, such as: pre -trial
diversion programs or the placement of offenders in such programs; mediation, couples counseling, family counseling
or any other manner of joint victim- offender counseling; mandatory counseling for victims, forcing victims to testify
against their abusers; or the placement of perpetrators in anger management programs.
14. All materials and publications (written, visual, or sound) resulting from award activities shall contain the following
statements: "This project was supported by Grant No. awarded by the Office on Violence
Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in
this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department
ofJustice, Office on Violence Against Women.
:M 4000/2 (REV. 4 -88)
Office on Violence Against Wor—n
AWARD CONTINUATIOr1
SHEET
Grant
PAGE 4 OF 5
CT NUMBER 2005 -CW -AX -0036 AWARD DATE 09/22/2008
SPECIAL CONDITIONS
15. Under the Government Performance and Results Act (GPRA) and VAWA 2000, grantees are required to collect and
maintain data that measure the effectiveness of their grant- funded activities. Accordingly, the grantee agrees to submit
semi -annual electronic progress reports on program activities and program effectiveness measures. Information that
grantees must collect under GPRA and VAWA 2000 includes, but is not limited to: 1) number of persons served; 2)
number of persons seeking services who could not be served; 3) number of supervised visitation and exchange centers
supported by the program; 4) number of supervised visits between parents and children; and 5) number of supervised
exchanges between parents and children.
16. The grantee agrees to submit for OVW review and approval any anticipated addition of, removal of, or change in
collaborating partner agencies or individuals who are signatories of the Memorandum of Understanding, and if
applicable, the Internal Memorandum of Agreement.
17. The grantee agrees to allocate project funds as designated by the Office on Violence Against Women for allowable
costs to participate in OVW- sponsored technical assistance. Funds designated for OVW- sponsored technical
assistance may not be used for any other purpose without prior approval of OVW and the issuance of a Grant
Adjustment Notice (GAN) permitting such use. Technical assistance includes, but is not limited to, peer - to-peer
consultations, focus groups, mentoring site visits, conferences and workshops conducted by OVW- designated technical
assistance providers or OVW- designated consultants and contractors.
18. The grantee will provide the Office on Violence Against Women (OVW) with the agenda for any training seminars,
workshops, or conferences not sponsored by OVW that project staff propose to attend using grant funds. The grantee
must receive prior approval from OVW before using OVW grant funds to attend any training, workshops, or
conferences not sponsored by OVW. To request approval, grantees must submit a Grant Adjustment Notice (GAN)
request through the grants management system to OVW with a copy of the event's brochure, curriculum and/or agenda,
a description of the hosts or trainers, and an estimated breakdown of costs. The GAN request should be submitted to
OVW at least 20 days before registration for the event is due. Approval to attend non-OVW sponsored programs will
be given on a case -by -case basis.
19. Supervised Visitation Grant Program grantees are required to develop formal affiliations with organizations that will be
able to provide services and consultation to the programs in their work with children and parents. Accordingly, grantees
must establish a consulting committee that includes experts in the following fields: child abuse and neglect, mental
health, batterer's intervention, law enforcement, child protection services, and advocacy for victims of domestic
violence, dating violence, stalking and sexual assault.
20. The grantee agrees that funds will not be used to provide offsite or overnight visitation services. Offsite visitation
includes, but is not limited to, any monitored visit between a child and a non - custodial parent that occurs outside the
premises of the visitation center. Overnight visitation includes, but is not limited to, any monitored visit between a
child and a non - custodial parent that occurs outside of the normal operating hours of the visitation center.
21. The grantee agrees to develop adequate security measures, including but not limited to, adequate facilities, procedures,
and personnel capable of preventing violence, for the operation of supervised visitation programs or safe visitation
exchange.
22. The grantee agrees that if fees are charged for use of programs or services, any fees charged must be based on the
income of the individuals using the programs or services, unless otherwise provided by court order.
23. Grant funds shall be used to support supervised visitation and safe visitation exchange of children by and between
parents in situations involving domestic violence, child abuse, sexual assault, or stalking. The grantee may not use
grant funds to support individual counseling, family counseling, parent education, support groups or therapeutic
supervision. The grantee may not mandate that victims attend parent education or other program services.
:M 400012 (REV. 4 -88)
Office on Violence Against \ ten
AWARD CONTINUATIC
SHEET
Grant
PAGE 5 OF 5
CT NUMBER 2005 -CW -AX -0036 AWARD DATE 09/22/2008
SPECIAL CONDITIONS
24. The grantee agrees to identify a representative of the grantee agency to serve as project coordinator. This
representative will substantially participate in all aspects of the grant project; coordinate development and
implementation activities; and attend meetings and institutes, as designated by OVW.
25. The Grantee agrees to ensure that the grant project is developed and implemented in a manner that is consistent with
the Guiding Principles of the Supervised Visitation Program. The Guiding Principals embody the statutory
requirements and objectives of the Supervised Visitation Program. They are intended to guide practice for OVW
grantees. The standards and practices included within the Guiding Principles are considered to be good practice when
addressing the needs of victims and their children. Centers funded under the Supervised Visitation Program can and
are encouraged to go beyond the practices outline within the Guiding Principles.
26. The recipient may not obligate, expend, or draw down funds until the audit report for its fiscal years 2006 and 2007
have been submitted to the Federal Audit Clearinghouse, the Office of the Chief Financial Officer has been notified at
ask.ocfo @usdoj.gov and a Grant Adjustment Notice has been issued removing this special condition.
1M Anfln /7 (REV. 4 -881
From: Lumbermens Insurance 541 - 385 -3231
To: 9,3851742
Page: 1/7
Date: 7/23/2009
ACDFt l CERTIFICATE OF LIABILITY INSURANCE 1
D7i22 /2009
PRODUCER (541)382-2421 FAX (541)385 -3231.
Lumbermens Insurance
965 SW Emkay Drive
PO Box 940
Bend, OR 97709
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE 1 NAIC #
INSURED Central Oregon Battering & Rape Alliance
DBA: Saving Grace
1425 NW Kingston Ave
Bend, OR 97701 -2133
INSURER A: Philadelphia Indemnity Ins Co
:NSURERB.
INSURER C:
) NSURER D:
INSURER E:
THE POLICIES OF INSURANCE LISTED L3ELOVV HAVE: BEEN ISSUED T'O 1'HE INSUREO NAMED AEiOVE FOR THE POLICY PERIOD INDICATED. NOIWIFtHSTAPIOiNG
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOGUMENTVVITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF S JCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED SY PAID CLAIMS.
1NSRADD'
: •
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATEIMMeDD/YYt
POLICY EXPIRATION
DATEJMMIDDIYYI
LIMITS
l�
GENERAL
LIABILITY
COMMERCIAt GENERAL t1ABILITY
PIiPK244830
07/01/2009
07/01/2010
EACHOCCIJRRENCE
$ 1,000,000
X
DAMAGE TO RENTED
$ 100,000
■
CLAIMS MADE 1 X I OCCUR
MED EXP (Any one person)
$ 3,000
PERSONAL & ADV INJURY
$ 1,000,000
GENT.
GENERAL AGGREGATE
$ 2,003,000
$ 2 003,000
AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGO
POLICY FRO•
JECt FT LOC
A
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
PHPK244830
07/01/2009
07/01/2010
COMBINED SINGLELUMMT
(Ea accident)
S 1.400.000
X
BODILY INJURY
Per person)
X
BODILY INJURY
(Per eccIden1)
X
PROPERTY DAMAGE
(Per accident)
GARAGE
LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT S
OTHER THAN EA ACC 5
AUTO ONLY* AGG Z
EXCESS/UMBRELLA
LIABILITY
OCCUR n CLAMS MADE
1 DEDUCTIBLE
RETENTION $
EACH OCCURRENCE 5
AGGREGATE 5
$
S
5
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETORIPARTNERIEXECUTNVF
O$FICER1MEMSER EXCLUDED?
If'yRB. describe Linder
SPECIAI PROVISIONS below
WC ^aT MIT I OTIi-
TORY LAAITC FR
E.L. EACH ACCIDENT J S
E,L DISEASE - EA EMPLOYEE $
E.L. DISEASE - POLICY UMR S
A
Proaes$ional Liability
PHPK244830
07/01/2009
07/01/2010
$1,000,000 Occurrence
S2,000,000 Aggregate
DESCRIPTION OF OPERATIONS 1 U?CATION S /VEHICLES / EXCLUSIONS ADDErJ BY ENDORSEMENT/SPECIAL PR.OVISfONS
ertificate holder is added as Additional Insured as respects General Liability
nd shall include Deschutes County, the Commission on Children & Families, their
fficers, agent and employees and volunteers per form PI -NP -003 (9/03) attached.
e: Operations of the Named Insured subject to policy terms, conditions and exclusions.
CERTIFICATL1IOLDER
Deschutes County Commission on Children
and Families
1130 NW Harriman, Suite A
Bend, OR 97701
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
30 DAYS WHITTEN NOTICE ID THE CENUFICAIE HOLDEN NAMED 10 THE LE T,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABI LIT
OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
Debra Barlow /DBARLO
ACORD 25 (2001108)
FAX: (541)385 -1742 OACORDCORPORATICN19B8
This fax was sent with GFI FAXmaker fax server. For more information, visit: http: / /www.gfi.com
From: Lunabermens Insurance 541- 385 -3231 To: 9,3851742 Page: 3/7 Date: 7/23/2009 9:27:12 AM
Pt- NP-003 (9103)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
GENERAL LIABILITY DELUXE ENDORSEMENT
It is understood and Agreed that the following extensions only apply in the event that no other specific
coverage for the indicated loss exposures are provided under this policy. If such specific coverage applies,
the terms, rxanditions and limits of that coverage are the sole and exclusive coverage applicable under this
policy.
Throughout this endorsement the wards "you' and "your'refer to the Named Insured shown in the
Declarations. The words "we ", "us" art ' our' refer to the Company providing this insurance.
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE
The following is a summary of the Limits of Insurance and additional coverage provided by this
endorsement. For complete details on specific coverages, consult the policy contract wording.
A, Medical Payments - limit increased to $15,000;
8. Supplementary Payments - Bail bonds increased to $2,500/Loss of earnings Increased to $500 each
daY;
C. Tensors Legal Liability - for }ire, Lightning, Explosion, Smoke and Leaks from Sprinklers -
limit increased to $300,000;
D. Broadened Definition of Who is An insured;
E. Amended Duties In The Event Of Occurrence, Claire Or Suit ;
F, Broadened definition of Advertising injury- includes Televised Or Videotaped Publication;
G. Amended definition of Bodily Injury to include Mental Anguish;
H. Broadened definition of Personal Injury - Includes Abuse of Precesaadlscrimirtation;
1. Amended Unintentional Failure To Disclose Hazards;
J. Amended Liberalization Clause
K, Added Employee /ndernrrification Dehen se Coverage — We will pay up to $25,000 in defense costs for
an 'emplloyee° in a Clialinal proceeding (subject to established ctit`eria) ;
L "Property Damage" • Removed exclusion for 'Properly* damage' resulting from the use of reasonable
force to protect persons or property,
M. Added blanket Additional Insured - Funding Source;
N. Added blanket Additional Insured - Managers or Lessors of Premises;
0. Non-owned Watercraft - coverage length is increase' to 58 ft;
PI-NP-003 (9103) PHILADELPHIA INDEMNITY INSURANCE COMPANY Page 1 of 5
includes copyright material of the Insurance Service's Office, k c. rmed with its permission.
This fax was sent with GFI FAXmaker fax server. For more information, visit: http: / /www.gfi.com
From: Lumbermens Insurance 541 - 385 -3231 To: 9,3851742 Page: 4/7 Date: 7/23/2009 9:27:12 AM
PI- NP-003 (9/03)
A. Medical Payment
if Medical Payments Coverage (Coverage C) is not otherwise excluded from this Coverage Part:
1. The Medical Expense Limit is changed subject to all the terms of Limits Of insurance (Section 111)
to the greater of:
a. 615,000; or
b. The Medical Expense Limit shown: in the Declarations of this Coverage Part
2. The requirement in the Insuring Agreement of Coverage C., that expenses must be incurred and
reported to us within one year of the accident date is changed to " three years."
3. Exclusion a. of Coverage C. at your option, does not apply to your volunteer workers or any
person or organization under your direct supervision and control.
B. Supplementary Payments
In the Supplementary Payments -• Coverages A. and 6, provision:
1. The limn for the cost of bail bonds is changed from $260 to $2,500; and
2. The limit for loss of earnings is changed from $250 a day to $600 a day.
C, Fire, Lightning, Explosion, Smoke and Leaks from Sprinklers
if damage by fire to premises rented to you Is not otherwise excluded from this Coverage Part, the
word " fire' is changed to "fire, lightning, explosion, smoke, or leakage from automatic fire protective
systems' where it appears in:
1. The Limits Of insurance section of the Declarations as the Fire Damage limit. That limit:
a. Is changed subject to all the harms of Limit Of insurance (Section 111) to the greater of:
(1.) $300,000; or
(2.) The amount shown in the declarations as the Fire Damage Lirnit.
b. Subject to a. above is the most we will pay to all damage pr oadmately caused by the same
event, whether such damage results from fire, lightning, explosion, smoke. or leaks from
automatic fire protective systems or any combinative Thereat.
2. The last paragraph of Coverage /k. (Section 1) after the Exclusions;
3. Paragraph 6. of Limits of insurance (Section III);
4. Paragraph b.(1)(b) of the Other Insurance Condition (Section IV); and
5. Paragraph a of the definition of Insured contract"
D. Who Is An Insured
Who is An Insured (Section II) is changed as follows:
1. If coverage for newly acquired or formed organtzations is not otherwise excluded from this
Coverage Part, paragraph 4a is changed to read;
a. Coverage under tills provision is afforded until the end of the policy period.
2. Each of the following Is also an insured:
a. At the first Named Insured's option, your volunteer workers; and
b. Your medical directors and administrators, but only while acting within the scope of and during
the course of their duties as such, Such duties do not include the furnishing or failure to
furnish professional services of any physician or psychiatrist in the treatment of a patient.
c. At the first Named Insured's option, any person or organization under your direct supervision
and control while providing for you private home respite or foster home care for the
developmentally disabled. However, the insurance afforded by b. above is excess over any
other insurance covering any person or organization under your direct control or supervision.
d. If you ere an organization other than a partnership or joint venture, your managers and
supervisors are also insureds, but only with respect to their duties as your managers and
supervisors.
e. Any organization and subsidiary thereof which you control and actively manage on the
eductive date of this Coverage Part.
However, the insurance afforded by e. above, for any organization and subsidiary thereof not
named in the Declarations as a Named insured, does not apply to injury or damage with respect
to which an insured under this Coverage Part is also an Insured under another policy, or would be
an 'inured under such policy but for its termination or the exhaustion of its limits of insurance.
PI-NP-003 (9/03) PHILADELPHIA INDEMNITY INSURANCE COMPANY Page 2 of 5
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E. Duties In The Event Of Occurrence, Claim Or Sutt
1. The requirement in condition 2.a. (Conditions, Section IV) that you must see to it that we are
noted as soon as practicable of an 'occurrence' or an offense, applies only when the
"occurrence" or offense is known to:
(a) You, if you an an individual;
(b) A partner, if you are a partnership; or
(c) An executive officer or insurance manager. if you are a corporation.
2. The requirement in condition 2.b. that you must see to it that we receive notice of a claim or `suit'
as soon as practicable will not be considered breached unless the breach occurs after such claim
or ysuit= is known to:
(a) You, if you are an individual;
(b) A partner, if you are a partnership: or
(c) An executive officer or insurance manager, if you are a corporation.
F. Advertising Injury - Televised Or Videotaped Publication
1. The definitions of 'Personal and advertising injury' items 14. (d),(e),(f) and (g) Is changed to read:
"Personal and Advertising injury' means injury arising out of one or more of the following
offenses:
d. Oral, wrtten, televised or videotaped publication of material that slanders or libels a person or
organization or disparagers a person's or organization's goods, products or services;
e. Oral, written, televised or videotaped publiction of material that violates a person's right of
privacy;
f. Missappropriatiori of advertising ideas or style of doing business; or
.g. Infringement of copyright, title or slogan.
2. Exclusions a. (2) and a.(3) of Coverage B., Personal And Advertising Injury Liability, are changed
to read:
a, (2) Arising out of oral, written, televised or videotaped publication of material, if done by or at
the direction of the insured with knowledge of its falsity;
a. (3) Arising out of oral, written, televised or videotaped pubilo ation of material whose first
publication took place before the beginning of the policy period.
G. Bodily Injury - Mental Anguish
The definition of "bodily injury' is changed to read:
"Bodily Injury":
a. Means bodily injury, sickness or disease sustained by a person, and includes mental anguish
resulting from any of these; and
b. Except for mental anguish, includes death resulting from the foregoing (item a. above) at any time.
H. Personal lnjuty - Abuse Of Process/Discrimination
if Personal and Advertising Injury L.isbil y Coverage (Coverage B.) is not otherwise excluded from this
Coverage Part:
1. The definition of Personal and advertising injury" is changed by:
a. Revising itern b. of that definition to read:
Maaiirlsws prosecution or abuse of process:
b. Adding the following:
'Personal Injury` also means discrimination based on race, color, religion. sex, age or national
origin, except when:
(1) Done intentionally by or at the direction of, or with the knowledge or consent of
(a) Any insured; or
(b) Any executive officer, director, stockholder, partner or member of the insured; or
(2) Directly or indirectly related to the employment, former or prospective employment,
termination of employment, or application for employment of any person or persons by an
insured: or
PI- NP -0D3 (9/03) PHILADELPHIA INDEMNITY INSURANCE COMPANY Page 3 of 5
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PI -NP -003 (9/03)
(3) Directly or indirectly related to the sale, rental, lease or sub -lease or prospective sales,
rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any
insured; or
(4) Insurance for such discrimination is prohibited by or held in violation of tar, public policy,
legislation, court decision or administrative ruling.
The insurance afforded by 111.b. above does not apply to fines or penalties imposed because of
discrimination.
L Unintentional Failure To Disclose Hazards
It is agreed that, based an our reliance on your representations as to existing hazards, if you should
unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this
Coverage Part, we shall not deny coverage under this Coverage Part because of such failure.
J. Liberalization
!Ewe revise this endorsement to provide more coverage without additional premlurn charge, we will
automatically provide the additional coverage to all endorsement holders as of the day the revision is
effective in your state.
K. Employee Indemnification Defense Coverage
Under SUPPLEMENTARY PAYMENTS — COVERAGES A AND B the following is added:
3. We will pay an your behalf defense costs incurred by an "employee° in a criminal proceeding.
However, you rnust have a prior written agreement with such `employee" whereby you agree to
indemnify the 'employee" for such defense costs and the agreement includes a provision for
repayment of defense costs in the event of an adverse judgement.
The most we will pay for any 'employee" who is alleged to be directly involved in a criminal
proceeding is $25,000 regardless of the number of employees, claims or "sults" brought or persons
or arganizatlons making claims or bringing 'suits."
L. Extended "Property Damage"
SECTION I — COVERAGES, COVERAGE A, 2. Ixcluslotts a. is deleted and replaced by the
following:
e. Expected or intended Injury
"Body injury" or `Property Damage" expected or intended from the standpoint of the insured. This
exclusion does not apply to *bodily injury' or "property damage° resulting from the use of
reasonable force to protect persons or property.
M. Additional Insured- Funding Source
Under SECTION 0 - WHO IS AN INSURED the ioilowing is addded:
5. Any person or organization with respect to their liability arising out of
a. Their financial control of you; or
b. Premises they own, maintain or control while you lease or occupy these premises.
This insurance does not apply to structural atterations, new construction and demolition operations
performed by or for that person or organization.
N. Additional Insured- Managers or Lessors of Premises
Under SECTION It - WHO IS AN INSURED the following is added:
6. Any person or organization with respect to their liability arising out of the ownership, maintenance
or use of that part of the premises leased to you subject to the following additional exclusions:
This insurance does not apply to:
a. Any "occurrence which bakes piece after you cease to be a tenant in that premises.
b. Structural alterations, new construction or demolition operations performed by or on behalf of
that person or organization,
P1 -NP -003 (9/03) PHILADELPHIA INDEMNITY INSURANCE COMPANY Page 4 of 5
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PI-NP -003 (9/03)
0. Note- owned Watercraft
SECTION t — COVERAGES, 2.Exclusions, paragraph g. (2) its amended to read as follows:
(2) A watercraft you do not own that is:
(a) Less than 58 feet long; and
(b) Not being used to carry persons or property for a charge;
This provision applies to any person, who with your consent, wither uses or is responsible for the
use of a watercraft.
This insurance is excess over any other valid and collectible insurance available to the insured
whether primary, excess or contingent.
PI- NP -O03 (9/03) PI-t(LADELPHIA INDEMNITY INSURANCE COMPANY Page 5 of 5
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SAIF Corporation 10/15/2008 10:10:02 AM PAGE '1001 Fax Server
OREGON WORKERS' COMPENSATION
CERTIFICATE OF INSURANCE ,�
CERTIFICATE HOLDER:
DESCHUTES COUNTY COMMUTATION ON CHILDREN & FAMILIES
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.
418410
POLICY PERIOD
10/01/2008 TO 10/01/2009
ISSUE DATE
10/15/2008
INSURED:
CENTRAL OREGON BATTERING AND RAPE ALLIANCE
VICTIM ADVOCACY
SAVING GRACE:IMAGINE LIFE W /OUT VIOLENCE
1425 NW KINGSTON AVE
BEND, OR 97701
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:
All Operations
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
President and CEO
4) SAIF CORPORATION 1 400 High Sl. SE 1 SaIrm, OR 97312 1 P: 800.185.8h2S 1 www.saif.com