HomeMy WebLinkAboutDoc 544 - JABG AwardDeschutes 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 23, 2009
Please see directions for completing this document on the next page.
DATE: September 1, 2009
FROM: Deevy Holcomb Department 322 -7644
TITLE OF AGENDA ITEM:
Consideration of Board Chair Signature of Document No. 2009 -544, the 2009 JABG Award.
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
Annually the County is awarded a federal block grant based on a formula comprised of the juvenile
population and juvenile crime, to serve youth with juveniles involved with the justice system. The
county is required to make application for funds, to the state agency that administers the grant - Oregon
Commission on Children and Families. Application was made in May, 2009. This document is the grant
award / agreement, which is required by the grantor (State of Oregon Commission on Children and
Families) to be signed by the Chair of the Board of County Commissioners regardless of the amount of
the award.
FISCAL IMPLICATIONS:
The county will receive $11,111 from this award. Funds are already included in the department budget.
RECOMMENDATION & ACTION REQUESTED:
Consideration of Board signature of Document No. 2009 -544.
ATTENDANCE: Ken Hales, Department Director and /or Deevy Holcomb, Management Analy, ;t
DISTRIBUTION OF DOCUMENTS:
Send originals (2 copies) to state of Oregon at address listed on cover letter (attached) to documents:
attn: Sandra Flickinger.
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:
August 31, 2009
Please complete all sections above the Official Review line.
Contractor /Supplier /Consultant Name:
Contractor Contact:
Sandra Flickinger
Type of Document: Grant Award
Department:
Juvenile Community Justice
Oregon Commission Children and Families
Contractor Phone #:
503 - 378 -5125
Goods and /or Services: This grant award is to continue providing Functional Family
Therapy services to youth with chronic detention placements in the months prior to the
FFT referral. This is a similar level of services as last year's JABG funding. These
services fit squarely into the juvenile department and juvenile crime prevention planning
priorities generally, as required and evidenced by the support letter from the local
Commission on Children and Families attached to the original application.
Background & History: Annually the county is awarded a federal block grant based
on a formula comprised of the juvenile population to serve youth with juveniles involved
with the justice system. The county is required to make application for funds, to the
state agency that administers the grant - Oregon Commission on Children and Families.
Application was made in May, 2009. This document is the grant award / agreement,
which is required by the grantor (State of Oregon Commission on Children and
Families) to be signed by the Chair of the Board of County Commissioners regardless of
the amount of the award.
Agreement Starting Date: July 1, 2009 Ending Date: June 30, 2010
Annual Value or Total Payment: j$11,111
(l Insurance Certificate Received (check box)
Insurance Expiration Date:
Check all that apply:
RFP, Solicitation or Bid Process
Informal quotes ( <$150K)
U Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37)
fl
Funding Source: (Included in current budget? X Yes
No
If No, has budget amendment been submitted? fl Yes No
9/ /2009
Is this a Grant Agreement providing revenue to the County? Yes
No
Special conditions attached to this grant: Quarterly reports due 45 days after the end of
each calendar quarter, beginning November 15, 2009.
Deadlines for reporting to the grantor: See above.
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: I I Yes I I No
Contact information for the person responsible for grant compliance: Name: Sandra
Flickinger
Phone #:
503 - 378 -5125
Departmental Contact and Title:
Department Director Approval:
Deev
4. ature
Holcomb
. �.
Distribution of Document: Who : '„ the original document and /or copies after it has
been signed? Include complete information if the document is to be mailed.
Return to Deevy Holcomb at Juvenile Community Justice.
Official Review:
County Signature Required (check one): 0 BOCC ❑ Department Director (if <$25K)
❑ Administrator (if >$25K but <$150K. if >$150K, BOCC Order No.
Legal Review � f Date �` z - d q
Document Number OC — 0 0 9
9/1/2009
.0% ON(
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OCCF•
D
State of Oregon
State Commissioners
Samuel Henry, Ed. D., Chair
Rich Brown
Superintendent Susan Castillo
Bruce Goldberg, M.D.
Michael Harper Sr.
Dan Krein
Rev. Mark Knutson
Jean Phelps
Thomas H. Schaefer
Robert Shlachter
Fred Warner
Laurie Warner
Dick Withnell
Jon Yunker
Ex- Officio Members
Jay Dixon
Avel Gordly
Senator Jeff Kruse
Victor Merced
Camille Preus
Molly Rogers
Honorable Nan Waller
Representative Gene Whisnant
Mickey Lansing
Executive Director
530 Center St NE, Suite 405
Salem, Oregon 97301
Phone: (503)373 -1283
Fax: (503)378 -8395
www.oregon.gov /OCCF
Theodore R. Kulongoski
Govemor
August 19, 2009
Deschutes County Juvenile Community Justice
Attn: Deevy Holcomb
63360 Britta Street, Building One
Bend, OR 97701
RE: 2008 Juvenile Accountability Block Grant (JABG) — Notice of Award
Urgent Action Required
Dear Deevy Holcomb,
Enclosed you will find the 2008 Juvenile Accountability Block Grant (JABG) Award
Number 2008 -6345. Please have the apprApriate authorized individual review and sign two
copies of the award. Mail both copies of the signed award to:
Oregon Commission on Children and Families
Attn: Sandra Flickinger
530 Center Street NE, Suite 405
Salem, OR 97031
I will obtain signatures on both documents and mail a fully executed grant award to you for
your files. The grant award is effective as of July 1, 2009 through June 30, 2010.
In the next few weeks you will be receiving an electronic copy of the Quarterly Progress
Report and Request for Reimbursement Report. These reports are due no later than 45 days
after the end of each quarter. Please carefully review these documents to become familiar
with the required data from the start of your award.
Please do not hesitate to contact me with any questions or concerns regarding this grant. I can
be reached at (503) 378 -5125 or Sandra.A.Flickinger @state.or.us.
CRITIAL NOTICE FOR COUNTIES RECEIVING $25,000 OR MORE: The Office of
Management and Budget (www.omb.gov) requires that all sub - recipients that receive a
federal grant award with a total value of $25,000 or more over the life of the sub -award must
register in the Central Contract Registration (CCR), which also requires that the sub-recipiet
have a Data Universal Numbering System (DUNS) number. Sub - recipients may not make a
sub award to an entity of $25,000 or more unless the entity is registered in the Central
Contractor Registration (www.ccr.gov).
Sub- recipients will have until October 15, 2009 to register in the Central Contract
Registration and Data Universal Numbering System (if required). Sub - recipients not
registered by October 15, 2009 will not be able to draw down reimbursement of their
federal grant. Attached you will find a copy of the Federal Register on the Transparency
Act.
Sincerely,
Sandra Flickinger UU
Grants Accountant
Enclosed: Juvenile Accountabilty Block Grant (JABG) Award No. 2008 -6345
Federal Transparency Act Register
JUVENILE ACCOUNTABILITY BLOCK GRANT- CFDA # 16.523
GRANT A WARD, CONDITIONS AND CERTIFICATIONS
PROJECT TITLE: Functional Family Therapy for Juveniles GRANT NO: #2008 -6345
GRANTEE: Deschutes County 2008 AWARD: $11,111
ADDRESS: 1300 NW Wall Street, Bend, OR 97701 AWARD PERIOD: 07r01/09 - 000/10
PROGRAM CONTACT: Ms. Deevy Holcomb
EMAIL ADDRESS: deevyh @deschutes.org
FISCAL CONTACT: Ms. Colleen Shearer
EMAIL ADDRESS: colleens @deschutes.org
TELEPHONE: (541) 322 -7644
FAX: (541) 383 - 0165
TELEPHONE: (541) 322 -76.13
APPROVED PROJECT BUDGET
REVENUE
Federal Juvenile Accountability Block Grant Funds
$11,111
Matching Funds
EXPENDITURES
$1,234
TOTAL REVENUE: $12,345
Personnel and Fringe Benefits
$11,728
Travel /Training /Conferences
$
Equi iment
$
Supplies
$
Rent and Utilities
$
Contractual Services
$
Grant Administration / Indirect
$617
C)thPr Cnctc
S
TOTAL EXPENDITURES: $12,315
This document along with the attached terms and conditions, the grant application, and any other document referee, ed,
constitutes an agreement between the Oregon Commission on Children and Families (OCCF) and the Grantee. No wai -cr,
consent, modification or change of terms of this agreement shall be binding unless agreed to in writing and signed by both the
Grantee and OCCF, Such waiver, consent, modification or change, if made, shallll be effective only in the specific instance and for
the specific purpose given_ There are no understandings, agreements, or representations, oral or written, not specified he ein
regarding this agreement. The Grantee, by signature of its authorized representative, hereby acknowledges that he /she has _ sad
this agreement, understands it, and agrees to he bound by its terms and conditions (including all references to other docume ts).
Failure to comply with this agreement and with applicable stile and federal rules and guidelines may result in the withholdin of
reimbursement, the termination or suspension of the agreement, denial of future grants, and /or damages to ()CCF.
LEGAL COUNSEL
Pate 1 — 21)115 I Afit
DC - 20 Q�3-°rL
TERMS AND CONDITIONS
I. CONDITIONS OF AWARD
A.
B.
C
The Grantee agrees that grant funds will be expended in accordance with the Office of Justice Programs (OJP)
and Office of Budget and Management guidelines, including OMB Circulars A -87 and A -122 and the OJP
Financial Guide.
The Grantee agrees to operate the program as described in the application and to expend funds in accordance
with the approved budget unless the Grantee receives prior written approval by OCCF to modify the program
or budget. OCCF may withhold funds for any expenditure not within the approved budget or in excess of
amounts approved by OCCF. Failure of the Grantee to operate the program in accordance with the written
agreed upon objectives contained in the grant application and budget will be grounds for immediate suspension
and /(,r termination of the grant agreement.
The Grantee agrees that grant dollars may he moved between approved budget categories up to ten percent of
the total grant amount provided there is no change in project scope and grant funds for administration do not
exceed five percent. The OCCF must provide prior written approval before cumulative changes exceed ten
percent.
D. The Grantee agrees that the following statement shall be included in all reports, contract procurement
documents, and subcontracts funded in whole, or in part, with this grant:
"This project is supported by a juvenile Accountability Block Grant awarded by the U.S. Department of Justice,
Office of justice Programs, Office of juvenile justice and Delinquency Prevention to the State of Oregon
Commission on Children and Families."
F. Federal Fund Accountabili and Trans arenc Act.
Grantees receiving federal funding with a total value of $25,000 or more over the life of the award are required
to register in the Central Contractor Registration (CCR) system and have a Data Universal Numbering System
(DUNS) number. Grantee may not sub -grant to a provider in excess of S25, 000 unless the provider is
registered in the Central Contractor Registration (CCR) system.
F. Maintenance Retention and Access to Records Audits.
Maintenance and Retention of Records. The Grantee agrees to maintain accounting and financial records
in accordance with Generally Accepted Accounting Principles (GAAP) and the standards of the Office of
the Comptroller set forth in the March 2005 Office of Justice Programs (OJP) Financial Guide, including
without limitation in accordance with Office of Management and Budget (OMB)Circulars A-87, A -102,
A -122, A -128, A -133. All financial records, supporting documents, statistical records and all other records
pertinent to this grant or 'agreements under this grant shall be retained by the Grantee for a minimum of
five years for purposes of State of Oregon or Federal examination and audit. It is the responsibility of the
Grantee to obtain a copy of the OJP Financial Guide from the Office of the Comptroller and apprise
itself of all rules and regulations set forth.
2. Access to Records. OCCF, Oregon Secretary of Stare, the Office of the Comptroller, the General
Accounting Office (GAO) or any of their authorized representatives, shall have the right of access to any
pertinent books, documents, papers, or other records of Grantee and any contractors or subcontractors
ot Grantee, which are pertinent to the grant, In order to make audits, examinations, excerpts, and
transcripts. The right of access is not limited to the required retention period but shall last as long as the
records are retained.
Audits. If Grantee expends S500,000 or more in Federal funds (from all sources) in its fiscal year, Grantee
shall have a single organization -wide audit conducted in accordance with the provisions of ( )7\IB Circular
A -133. Copies of all audits must be submitted to ()CCF within 30 days of completion. If Grantee
expends less than 5500,000 in its fiscal year in Federal funds, Grantee is exempt from Federal audit
requirements for that year. Records must be available for review or audit by appropriate officials as
provided in Section I.D.1 herein.
I agc.2 -2008 A[�(�
4. Audit Costs. Audit costs for audits not required in accordance with OMB Circular A -133 arc
unallowable. If Grantee did not expend 5500,000 or more in Federal funds in its fiscal year, but
contracted with a certified public accountant to perform an audit, costs for performance of that audit
shall not be charged to the grant.
G. Funding.
1. Matching Funds. The Grantee acknowledges by accepting grant funds that all reported program
match is in the form of a cash match and not in -kind or other federal funds. The Grantee
acknowledges that all rules that apply to grant funds 'apply to match funds. Grant and match funds must
be used only for JABG funded programs during the grant period to support the goals, objectives and
activities as identified in the grant application. Match funds cannot be used to support activities that are
not concurrently supported by JABG grant funds. The Grantee certifies that match funds required to pa
the non - Federal portion of the program shall be in addition to funds that would otherwise be made
available to fund programs within the )ABG grant guidelines.
2.
Supplanting. The Grantee certifies that federal funds will not be used to supplant state or local funds, bu
will be used to increase the amount of funds that, in the absence of federal aid, would be made available
to the Grantee to fund programs consistent with JABG grant guidelines.
H. Reports. Failure of the Grantee to submit the required financial, program or audit reports, or to
resolve financial, program, or audit issues may result in the suspension of grant payments and /or
termination of the grant agreement.
1.
1. Prowess Reports. The Grantee agrees to submit a report each quarter on its progress in meeting each c E
its agreed upon goals and objectives. Reports must be received no later than 45 days following the en 1
of each calendar quarter. Any progress report that is outstanding for more than one month pas,
the due date may cause the suspension and /or termination of the grant. Grantee must receive
prior written approval from OCCF to extend a progress report requirement past its due date.
2. Financial Reimbursement Reports.
a. In order to receive reimbursement, the Grantee agrees to submit the original signed Request for
Reimbursement (RFR). Supporting documentation to substantiate claimed expenses must be kept , ,n
file at the program's office for a minimum of 3 years after the close of the grant period. RFRs mint
be received no later than 45 days following the end of the calendar quarter. Reimbursements f r
expenses will be withheld if progress reports are not submitted by the specified dates or are
incomplete. Any RFR that is outstanding for more than one month past the due date may
cause the suspension and /or termination of the grant. Grantee must receive prior written
approval from ()CCF to extend an RFR requirement past its due date.
b. Reimbursement rates for travel expenses shall not exceed those allowed by the State of Oregon.
Requests for reimbursement for travel must he supported with a detailed statement identifying the
person who traveled, the purpose of the travel, the times, dates, and places of travel, and the acrua
expenses or authorized rates incurred.
c. Reimbursements will only be made for actual expenses incurred during the grant period. The
Grantee agrees that no grant funds may be used for expenses incurred before July 1, 2009 or afte-
June 30, 2010.
d. Grantee shall be accountable for and shall repay any overpayment, audit disallowances or any otht r
breach of grant that results in a debt owed to the Federal Government. /CCI' shall apply interes•,
penalties, and administrative costs to a delinquent debt owed by a debtor pursuant to the Federal
Claims Collection Standards and OMB Circular A -129.
3. Audit Reports. Grantee shall provide OCCF copies of all audit reports pertaining to this Grant
Agreement obtained by Grantee, whether or not the audit is required by 0111B Circular A -133.
Indemnification . The Grantee shall, to the extent permitted by the Oregon Constitution and by the Oregon
Tort Claims Act, defend, save, hold harmless, and indemnify the State of Oregon and OCCF, their officers,
1'agc 3 — 20Mt ■3G
employees, agents, and members from all claims, suits and actions of whatsoever nature resulting from or arising
out of the activities of Grantee, its officers, employees, subcontractors, or agents under this grant.
Grantee shall require any of its contractors or subcontractors to defend, save, hold harmless and indemnify the
State of Oregon, Oregon Commission on Children and Families, their officers, employees, agents, and members,
from all claims, suits or actions of whatsoever nature resulting from or arising out of the activities of
subcontractor under or pursuant to this grant.
Grantee shall, if liability insurance is required of any of its contractors or subcontractors, also require such
contractors or subcontractors to provide that the State of Oregon, Oregon Commission on Children and
Families, and their officers, employees and members are Additional Insureds, but only with respect to the
contractor's or subcontractor's services performed under this grant.
Copyright and Patents.
1. Copyright. If this agreement or any program funded by this agreement results in a copyright, the OCCF'
and the Office of Justice Programs reserve a royalty -free, nonexclusive and irrevocable license to
reproduce, publish or otherwise use, and to authorize others to use, for government purposes, the work
or the copyright to any work developed under this agreement and any rights of copyright to which
Grantee, or its contractor or subcontractor, purchases ownership with grant support.
2. Patent. If this agreement or any program funded by this agreement results in the production of
patentable items, patent rights, processes, or inventions, the Grantee or any of its contractors or
subcontractors shall immediately notify OCCF. The OCCF will provide the Grantee with further
instruction on whether protection on the item will be sought and how the rights in the item will be
allocated and administered in order to protect the public interest, in accordance with federal guidelines.
K. No Implied Waiver Cumulative Remedies. The failure of Grantor to exercise, and any delay in exercising any
right, power, or privilege under this Agreement shall not operate as a waiver thereof, nor shall any single or
partial exercise of any right, power, or privilege under this Agreement preclude any other or further exercise
thereof or the exercise of any other such right, power, or privilege. The remedies provided herein are
cumulative and not exclusive of any remedies provided by law.
L.
Governing Law; Venue; Consent to jurisdiction. This Agreement shall be governed by and construed in
accordance with the laws of the State of Oregon without regard to principles of conflicts of law. Any claim,
action, suit, or proceeding (collectively, "Clain ") between Grantor (and /or any other agency or department of
the State of Oregon) and Grantee that arises from or relates to this Agreement shall be brought and conducted
solely and exclusively within the Circuit Court for the State of Oregon; provided, however, if the Claim must be
brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United
States District Court for the District of Oregon. Grantee, By Execution Of This Agreement, Hereby
Consents To The In Personam Jurisdiction Of Said Courts.
M. Notices. Except as otherwise expressly provided in this Section, any communications between the parties hereto
or notice to be given hereunder shall be given in writing by personal delivery, facsimile, or mailing the same be
registered or certified mail, postage prepaid to Grantee or Grantor at the address or number set forth on page 1
of this Agreement, or to such other addresses or numbers as either party may hereafter indicate pursuant to this
section. AM' communication or notice so addressed and sent by registered or certified mail shall be deemed
delivered upon receipt or refusal of receipt. Any communication or notice delivered by facsimile shall be
deemed to be given when receipt of the transmission is generated by the transmitting machine. Ant
communication or notice by personal delivery shall be deemed to be given when actually delivered. The parties
also may communicate by telephone, regular mail or other means, but such c( itrtmunicationS shall 111)1 be
deemed Notices under this Section unless receipt by the other party is expressly acknowledged in writing by the
receiving party.
N.
0.
Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of Grantor, Grantee,
and their respective successors and assigns, except that Grantee may not assign or transfer its rights ,,r
obligations hereunder or any interest herein without the prior consent in writing of Grantor.
Survival. All provisions of this Agreement set forth in the following sections shall survive termination of this
Agreement: Section I.0 (Maintenance, Retention and Access to Records; Audits); Section LE (Reports); and
Section I.1 (indemnification).
_ 2.0es 1 _110
P.
Severabihty. If any term or provision of this Agreement 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 Agreement did not contain the
particular term or provision held to be invalid.
Q. Relationship of Parties. The parties agree and acknowledge that their relationship is that of independent
contracting parties and neither party hereto shall be deemed an agent, partner, joint venturer or related entity of
the other by reason of this Agreement.
II. Grantee Compliance and Certifications
A. Debarment, Suspension Ineligibility and Voluntary Exclusion. The Grantee certifies by accepting grant funds
that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible,
nor voluntarily excluded from participation in this transaction by any Federal department or agency. (This
certification is required by regulations published May 26, 1988, implementing Executive Order 12549,
Debarment and Suspension, 28 CFR Part 69 and 28 CFR Part 67.)
13.
C.
Standard Assurances and ertificr tions Rey =ardin > Lobb =in >. The Anti - Lobbying Act, 18 U.S.C..§ 1913, was
amended to expand significantly the restriction on use of appropriated funding for lobbying. This expansion als
makes the anti - lobbying restrictions enforceable via large civil penalties, with civil fines between $10,000 and
S100,000 per each individual occurrence of lobbying activity. These restrictions are in addition to the anti -
lobbying and lobbying disclosure restrictions imposed by 31 U.S.C. § 1352. The Office of Management and
Budget (OMB) is currently in the process of amending the OMB cost circulars and the common rule (codified t
28 C.F.R. part 69 for DOJ grantees) to reflect these modifications, However, in the interest of full disclosure, a:
applicants must understand that no federally _ appropriated funding made available under this grant program ma
be used, either directly or indirectly, to support the enactment, repeal, modification or adoption of any law,
regulation, or policy, at any level of government, without the express approval of the U.S. Department of
Justice. Any violation of this prohibition is subject to a minimum S10,000 fine for each occurrence. This
prohibition applies to all activity, even if currently allowed within the parameters of the existing OMB circulars
Compliance with Applicable Law. The Grantee agrees to comply with all applicable laws, regulations, and
guidelines of the State of Oregon, the Federal Government and OCCF in the performance of this agreement,
including but not limited to:
1. Financial and administrative requirements set forth in the current edition of the Office of Justice
Programs (OJP) Financial Guide.
2. The provisions of 28 CFR applicable to grants and cooperative agreements including Part 18,
Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidential: v
of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Operating Policies;
Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Non -
Discrimination /Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for
Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland
Protection Procedures, and Federal laws or regulations applicable to Federal assistance programs.
3. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91 -646).
4. Section 102(a) of the Flood Disaster Protection Act of 1973, P.L. 93234 87 Stat,97, approved Deceni er
31, 1976.
S. Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive
Order 11593, and the Archeological and f listorical Preservation Act of 1966 (16 USC 569a -1 et seal)
6. National Environmental Policy Act of 1969, 42 USC 4321 et seq.
Flood Disaster Protection Act of 1973, 42 USC 4001 et seq.
8. Clean Air Act, 42 USC 7401 et seq.
9. Clean Water Act, 33 USC 1368 et seq.
10. Federal Water Pollution Control Act of 1948, as amended, 33 USC 1251 et seq.
— 21)U£ P2
11. Safe Drinking Water Act of 1974, 42 USC 300f et seq.
12. Endangered Species Act of 1973, 16 USC 1531 et seq.
13. Wild and Scenic Rivers Act of 1968, as amended, 16 USC 1271 et seq.
14. Historical and Archaeological Data Preservation Act of 1960, as amended, 16 USC 469 et seq.
15. Coastal Zone Management Act of 1972, 16 USC 1451 et seq.
16. Coastal Barrier Resources Act of 1982, 16 USC 3501 et seq.
17. Indian Self-Determination Act, 25 USC 450f.
18. Hatch Political Activity Act of 1940, as amended, 5 USC 1501 et seq.
19. Animal Welfare Act of 1970, 7 USC 2131 et seq.
20. Demonstration Cities and Metropolitan Development Act of 1966, 42 USC 3301 et seq.
21. Federal Fair Labor Standards Act of 1938 (as appropriate), as amended, 29 USC 201 et seq.
D. Certification of Non - discrimination.
1. The Grantee, and all its contractors and subcontractors, certifies that no person shall be excluded from
participation in, denied the benefits of, subjected to discrimination under, or denied employment in
connection with any, activity funded under this agreement on the basis of race, color, age, religion,
national origin, handicap, or gender. The Grantee, and all its contractors and subcontractors, assures
compliance with the following laws;
a. Non- discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as
amended;
b. Title IV of the Civil Rights Act of 1964, as amended;
c. Section 504 of the Rehabilitation Act of 1973, as amended;
d. Title II of the Americans with Disabilities Act (ADA) of 1990,
e. Title IX of the Education Amendments of 1972;
f. The Age Discrimination Act of 1975;
The Department of Justice Nondiscrimination Regulations 28 CFR Part 42, Subparts C, D, E, and
G;
h. The Department of Justice regulations on disability discrimination, 28 CFR Part 33 and Part 39.
2. In the event that a Federal or State court or administrative agency makes a finding of discrimination after
a due process hearing on the grounds of race, color, age, religion, national origin, handicap or gender
against the Grantee or any of its contractors or subcontractors, the Grantee or any of its contractors or
subcontractors will forward a copy of the finding to the Oregon Commission on Children and Families
(OCCF). OCCF will forward a copy of the finding to the Office for Civil Rights, Office of Justice
Programs.
E. Civil Ri ,hts Com fiance. All recipients of federal grant funds are required, and Grantee agrees, to comply with
nondiscrimination requirements of Title V'I of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d cr
seq. (prohibiting discrimination in programs or activities 00 the basis of race, color, and national origin);
Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 U.S.C. $3789d(c)(1) (prohibiting
discrimination in employment practices or in programs and activities on the basis of race, color, religion,
national origin, and gender); Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. y 794 et seq. (prohibiting
discrimination in employment practices or in programs and activities on the basis of disability); Title II of the
\niericans with Disabilities Act of 1990, 42 U.S.C. y 12131 (prohibiting discrimination in services, programs,
and activities on the basis of disability); The Age Discrimination Act of 1975, 42 U.S.C. j, 6101 -0' (prohibiting
discrimination in programs and activities on the basis of age); and Title IX of the Education Amendments of
1972, 20 U.S.0 S 1681 et seq. (prohibiting discrimination in educational programs or activities on the basis of
Page 6 -2018 Li(;
F.
gender).
The Grantee agrees that the person in its agency or unit of government who is responsible for reporting civil
rights findings of discrimination will submit a copy of any findings made within the last three years prior to the
grant award and findings made during the project period to the federal Office for Civil Rights, Office of justice
Programs, U.S. Department of Justice.
Egaal Employment Opportunity Program. If the Grantee, or any of its contractors or subcontractors, has 50 o>
more employees, is receiving more than S25,000 pursuant to this agreement and has a service population with a
minority representation of three percent or more, the Grantee, or any of its contractors or subcontractors,
agrees to formulate, implement and maintain an equal employment opportunity program relating to employmen :
practices affecting minority persons and women. If the Grantee, or any of its contractors or subcontractors, ha:,
50 or more employees, is receiving more than S25,000 pursuant to this agreement, and has a service population
with a minority representation of less than three percent, the Grantee or any of its contractors or subcontractor ,
agrees to formulate, implement and maintain an equal employment opportunity program relating to its practices
affecting women. The Grantee, and any of its contractors and subcontractors, certifies that an equal
employment opportunity program as required by this section will he in effect 00 or before the effective date of
this agreement. Any Grantee, and any of its contractors or subcontractors, receiving more than $500,000, eithe
through this agreement or in aggregate grant funds in any fiscal year, shall in addition submit a copy of its equal
employment opportunity plan at the same time as the application submission, with the understanding that the
application for funds may not be awarded prior to approval of the Grantee's, or any of its contractors or
subcontractors, equal employment opportunity program by the Office for Civil Rights, Office of Justice
Programs, Office of juvenile Justice and Delinquency Prevention.
If required to formulate an Equal Employment Opportunity Program (EEOP), the Grantee must maintain a
current copy on file which meets the applicable requirements.
G. Services to Limited English Proficient (LEP) Persons. Recipients of federal financial assistance are required to
take reasonable steps to provide meaningful access to their programs and activities for persons with limited
English proficiency (LEP). For more information on the civil rights responsibilities that grantees have in
providing language services to LEP individuals, please see the website at http: /; www.lepgr„
H. National Environmental Policy pct (NEPAL; Special Condition for U.S. Department of Tustice Grant Prue ram;.
Prior to obligating grant funds, Grantee agrees to first determine if any of the following activities will be
related to the use of the grant funds. Grantee understands that this special condition applies to its
following new activities whether or not they are being specifically funded with these grant funds. That s,
as long as the activity is being conducted by the Grantee, a contractor, subcontractor or any third party
and the activity needs to be undertaken in order to use these grant funds, this special condition must fu it
be met. The activities covered by this special condition are:
a. new construction;
b. minor renovation or remodeling of a property either (a) listed on or eligible for listing on he
National Register of Historic Places or (b) located within a 100 -year floodplain;
c. a renovation, lease, or any other proposed use of a building or facility that will either (a) result i i a
change in its basic prior use or (b) significantly change its size; and
d. implementation of a new program involving the use of chemicals other than chemicals that are (a)
purchased as an incidental component of a funded activity and (b) traditionally used, for example in
office, household, recreational, or educational environments.
2. A slication of This 5 ecial Condition to Grantee's Existin! Pro 'rams or Activities: For any of the
Grantee's or its contractors' or subcontractors' existing programs or activities that will be funded by these
grant funds, the Grantee, upon specific request from the Office of juvenile justice and Delinquency
Prevention, agrees to cooperate with the Office of Juvenile Justice and Delinquency Prevention in and.
preparation by the ( )ffice off uvenile Justice and Delinquency Prevention of a national or program
environmental assessment of that funded program or activity.
1. Certification Regarding Drug Free Workplace Requirements. Grantee certifies that it will provide a drug -free
workplace by:
Page 7 -20(5 ] AHG
Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession or use of a controlled substance is prohibited in the Grantee's workplace and specifying the
actions that will be taken against employees for violation of such prohibition;
Establishing a drug -free awareness program to inform employees about:
a. The dangers of drug abuse in the workplace;
b. The Grantee's policy of maintaining a drug -free workplace;
c. Any available drug counseling, rehabilitation, and employee assistance programs; and
d. The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace.
3. Requiring that each employee engaged in the performance of the grant be given a copy of the employer's
statement required by paragraph (a).
4. Notifying the employee that, as a condition of employment under the award, the employee will:
a, abide by the terms of the statement; and
b. Notify the employer of any criminal drug statute conviction for a violation occurring in the
workplace not later that five days after such conviction.
Notifying the Grantee within ten days after receiving notice from an employee or otherwise receiving
actual notice of such conviction.
Taking one of the following actions, within 30 days of receiving notice, with respect to any employee who
is so convicted:
a.
b.
Taking appropriate personnel action against such an employee, up to and including termination; or
Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation
program approved for such purposes by federal, state, or local health, law enforcement, or other
appropriate agency.
Making a good faith effort to continue to maintain a drug -free workplace.
III. Suspension or Termination of Funding
The Oregon Cornrnission on Children and Families may suspend funding in whole or in part, terminate funding, or
impose another sanction on a ]_ABG recipient for any of the following reasons:
_A. Failure to comply substantially with the requirements or statutory objectives of the juvenile y \ccountability Block
Grant guidelines issued thereunder, or other provisions of federal law.
B. Failure to make satisfactory progress toward the goals and objectives set forth in the application.
C. Failure to adhere to the requirements of the grant award and standard or special conditions.
D. Proposing or implementing substantial plan changes to the extent that, if originally submitted, the application
would not have been selected.
E. Failing to comply substantially with any other applicable federal or state statute, regulation, or guideline.
Before imposing sanctions, the Oregon Commission on Children and Families will provide reasonable notice to the
Grantee of its intent to impose sanctions and will attempt to resolve the problem informally.
P.i�c s -245a I AItG
IV. Grantee Representations and Warranties
Grantee represents and warrants to Grantor as follows:
A. Existence and Power. Grantee has full power and authority to transact the business in which it is engaged a: AI
full power, authority, and legal right to execute and deliver this Agreement and incur and perform its obligatio,is
hereunder.
B. _-authority No Contravention. The making and performance by Grantee of this Agreement (a) have been du :v
authorized by all necessary action of Grantee, (b) do not and will not violate any provision of any applicable law,
rule, or regulation or order of any court, regulatory commission, board or other administrative agency or al y
provision of Grantee's articles of incorporation or bylaws and (c) do not and will not result in the breach of,
constitute a default or require any consent under any other agreement or instrument to which Grantee is a parry
or by which Grantee or 'any of its properties are bound or affected.
C. Binding Obligation. This Agreement has been duly authorized, executed and delivered on behalf of Grantee an 1
constitutes the legal, valid, and binding obligation of Grantee, enforceable in accordance with its terms.
D. Approvals. No authorization, consent, license, approval of, filing or registration with, or notification to, any
governmental body or regulatory or supervisory authority is required for the execution, delivery or performance
by Grantee of this Agreement.
Marsha Clark, Director of Operations
Oregon Commission on Children and Families
530 Center Street NE, Suite 405
Salem, OR 97301
(303) 373 -1283
Date
Signature of Authorized Grantee Official Date
Tammy Baney, Chair
Deschutes County Board of
Commissioners
Name /Title
1',114c —3008 1. AR(;
