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HomeMy WebLinkAboutGrant Award Agrmt - Juvenile❑ rLia 3► .t ' -< Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org AGENDA REQUEST & STAFF REPORT For Board Business Meeting of January 23, 2008 Use "tab" to move between .fields, and use as much space as necessary within each field. Do not leave any gelds incomplete. Agenda requests & backup must be submitted to the Board Secretary no later than noon of the Wednesday prior to the meeting to be included on the agenda. DATE: Monday, January 7, 2008 TO: Deschutes County Board of Commissioners FROM: Deevy Holcomb, Juvenile Community Justice 322-7644 TITLE OF AGENDA ITEM: Review and Board Chair Signature of second year Grant Award Agreement from Oregon State Poli Criminal Justice Services Division to continue Functional Family Therapy through Byrne/Justice Assistance Grant funding. PUBLIC HEARING ON THIS DATE? No. BACKGROUND AND POLICY IMPLICATIONS: Juvenile Community Justice applied for and received a two-year Byrne/Justice Assistance Grant program grant from the state Criminal Justice Services Division (Oregon State Police) to implemen! Functional Family Therapy in January 2007. The project is running well and we have received Seco ld year / renewal funding. We are requesting Board review and signature by the Board Chair. FISCAL IMPLICATIONS: Second year funding is already included in part of FY 07/08 and will be included in FY 08/09 budgeting as well. RECOMMENDATION & ACTION REQUESTED: Board review and Chair signature of Year 2 Grant Award Agreement. ATTENDANCE: Ken Hales and/or Deevy Holcomb DISTRIBUTION OF DOCUMENTS: Original to Deevy Holcomb, Juvenile Community Justice, for routing to state Criminal Justice Services Division. DESCHUTES COUNTY CONTRACT SUMMARY (Department shall complete all sections above Official Review line) Date: 1/7/08 Department Juvenile Community Justice (JCJ) Contractor/Supplier/Consultant name: Criminal Justice Services Division Oregon State Police Contact Person: Jeanette Ewald Phone: 503-378-4145 Goods and/or Services: Year 2 Award to continue Functional Family Therapy, through subcontract with Trillium Family Services. Related documents attached: Draft Deschutes County Document #2008-004, between Deschutes County and Trillium Family Services. Background & History: JCJ applied and received two-year award for the above program. This is the second year Grant Award Agreement covering the period 1/1/08-12/31/08. Starting Date: January 1, 2008 Ending Date: December 31, 2008 Annual Value or Total Payment: $130,500 for the time period above. N/A Insurance Certificate Received (check box) Insurance Expiration Date: Check all that apply: N/A RFP, Solicitation or Bid Process ❑ Informal quotes (<$150K) N/A Exempt from RFP, Solicitation or Bid Process N/A (specify — see DCC §2.37) Funding Source: State Justice Assistance Grant (Included in current budget? X Yes ❑ No) If No, has budget amendment been submitted? ❑ Yes ❑ No Departmental Contact: Deevy Holcomb Name Department Director Approved: Official Review: Mqmt Analyst Titl ‘Ai Date County Signature Required (check one): X BOCC ❑ Department Director (if <$25K) ❑ Administrator (if >$25K but 4150K; if >$150K, BOCC Order No. Legal Review Document Numberrj& ORS' regon Theodore R. Kulongoski, Governor December 31, 2007 Bob LaCombe Deschutes County Juvenile Community Justice Department 63360 Britta Street, Building 1 Bend, Oregon 97701 Dear Mr. LaCombe: Oregon Office of Homeland Security Criminal. Justice Services Division 4760 Portland Road NE Salem, OR 97305 (503) 378-4145 FAX: (503) 378-6993 Congratulations on the renewal of your Edward Byrne Memorial Justice Assistance Grant (JAG) award. Enclosed please find two copies of the Intergovernmental Grant Award Agreement. You will note that we have made a substantial number of changes to our Award Agreement. Initially, it was our intent to align our Agreement with our updated Grant Management Handbook and to bring our Agreement into compliance with Department of Administrative Services (DAS) standards. However, based on external feedback, we opted to develop several Agreement documents, resulting in an Agreement specifically tailored to intergovernmental relationships. The following highlights the major changes in the Agreement document as compared to the Agreement signed by the County Board of Commissioners for the 2005 award: Section Comment I. A. -F. A Provision of Award section has been included that replaces the first paragraph on page one of the original Agreement II.B. Insertion recommended by the Attorney General (AG) — "Funds Available and Authorized; Payments" I1.E.2.e. Repayment of any overpayment has been moved to a new section II.F.3. CJS addition of section on Procurement Standards included in the Grant Management Handbook II.G. CJS addition of section on Monitoring included in the Grant Management Handbook II.H. Insertion recommended by the AG — Ownership of Work Product III. AG and external recommendation of revision to Indemnification section; replaces section on Copyrights and Patents II.L. CJS addition of section on Time is of the Essence IIN. CJS revision of Successors and Assigns section to include Subcontracts II.R. AG recommendation and external revision of the addition of Recovery of Funds section — new location of Recovery of Overpayments section; addition of sections for Recovery of Unexpended and Misexpended Funds Section Comment ILS. CJS addition of section on Amendments III.C. CJS revision of language for the section on Standard Assurances and Certification Regarding Lobbying IV.A.2. CJS addition of default clause included in the Grants Management Handbook — failure to be operational within 90 days IV.A.6. CJS addition of default clause cited elsewhere in the Agreement IV.A.7. CJS addition of default clause included in the Grants Management Handbook — insolvency, receivership, bankruptcy issues IV.B. Insertion recommended by external party — Default by CJS IV.C. Insertion recommended by AG — Remedies upon Default IV.D. Insertion recommended by AG with external revisions (Effect of Termination) and CJS additions (Return of Property) Please review the Agreement, budget, and progress report form and notify me if you have any recommendations for revisions on the budget or progress report form. If there are no changes, please have both Agreements signed and return both copies to my attention at your earliest convenience. Once the CJS Grants Manager signs both Agreements, one original will be returned to you for your files. The Grant Management Handbook has been updated and can be downloaded from our website: http://oregon.gov/OSP/CJS/Handbooks.shtml (please note the new URL for Criminal Justice Services). The procedure for completing and submitting the Request For Reimbursement (RFR) form for quarterly billing is described in the Handbook. The RFR is available to download from the aforementioned website (Handbooks and Forms). If you have additional questions please do not hesitate to contact me at (503) 378-4145, ext. 547. Sincerely, Jeanette Ewald, Grants Coordinator Criminal Justice Services OREGON STATE POLICE CJSD COPY CRIMINAL JUSTICE SERVICES EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM INTERGOVERNMENTAL GRANT AWARD AGREEMENT PROGRAM NAME: Communities Have the Ability to GRANT NO: #05-029 Reduce Teen Delinquency (CHART) GRANTEE: Deschutes County Juvenile FY 2005 AWARD: $130,500 Community Justice ADDRESS: .63360 Britta Street, Building 1 AWARD PERIOD: 1/1/08thr._i12/31/08 Bend, OR 97701 PROGRAM CONTACT: Bob LaCombe TELEPHONE: (541) 385-1728 bob lacombe(ii)co.desehutes.or.us FAX: (541) 383-0165 FISCAL CONTACT: Colleen Shearer TELEPHONE: (541) 322-7643 colleen sheareritco.dcschutes.or.us REVENUE Federal Grant Funds Match Funds Other Match Funds Total Match Funds BUDGET $43,500 $3,766 $130,500 $47,266 TOTAL REVENUE $177,766 EXPENDITURES Personnel $31,826 Contractual Services $138,740 Rent and Utilities $7,200 TOTAL EXPENDITURES: $177,766 Intergovernmental Grant Award Agreement Deschutes County Juvenile Community Justice - Page I GRANT AWARD PROVISIONS I. Provisions of Award Agreement Parties. This Intergovernunental Agreement, hereafter referred to as Agreement, is between the State of Oregon, acting by and through its Oregon State Police, Criminal Justice Services, hereafter called CJS, and the forenamed Grantee. B. Effective Date and Duration. This Agreement shall become effective on the date this Agreement has been Cully executed by every party. Unless extended or terminated earlier in accordance with its terms, this Agreement shall terminate when CJS accepts Grantee's completed performance or on December 31, 2008, whichever date occurs last. Agreennent termination shall not extinguish or prejudice CJS's right to enforce his Agreement with respect to any default by Grantee that has not been cured. C. Program Performance Measures. Grantee shall perforin work as set forth in the goals, objectives, and performance measures section of the grant application and in the agreed upon progress report (tire "Work" or "Services") in accordance with the terms and conditions of this Agreement. D. Agreement Documents. This Agreement consists of the following documents, and any other document referenced, which are listed in descending order of precedence: this Agreement, grant application, Grant IVlanagement Handbook, progress report, Audit Certification, Certification of EEO Compliance, and Confider tial Funds Certification (as required). E. Source of Funds. Payment for the Work will be from the Edward Byrne Memorial Justice Assistance Gran (JAG) funds, CFDA #16.738. Merger Clause; Waiver. This Agreement and referenced doctunents constitute the entire Agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. No waiver, consent, modification, or change of ten is of this Agreement shall bind all parties unless in writing and signed by both parties. Such waiver, consent, modification, or change, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of either party to enforce any provision of this Agreement shall not constitute a waiver t either party of that or any other provision. Intergovernmental Grant Award Agreement Deschutes County Juvenile Community Justice - Page 2 II. Conditions of Award A. B. C. TERMS AND CONDITIONS The Grantee agrees to operate the program as described m Grantee's application and toexpend funds only in accordance with the approved budget unless the Grantee receives prior written approval by CJS to modify :he program or budget. Grantee agrees to cooperate with CJS to negotiate, if necessary, progress report program activity goals and performance measures for the Grantee and any contractual services. C'S may withhold funds For any expenditure not within the approved budget or in excess of amounts approved by CJS. Failure of die Grantee to operate the progratn in accordance with the written agreed upon objectives contained in the grant application, progress report, and budget will be grounds for immediate suspension o _ termination, or both, of the grant Agreement pursuant to Section IV of this Agreement. Funds Available and Authorized Payments. Grantee shall not be compensated for work performed under this Agreement by any other agency or department of the State of Oregon. CJS certifies that it has sufficient funds currently authorized for expenditure to finance costs of this Agreement within CJS's current biennial appropriation or limitation. Grantee understands and agrees that CJS's payment of. amounts under this Agreement is contingent on CIS receiving appropriations, limitations, allotments or other expenditure auth,mty sufficient to allow CJS, in the exercise of its reasonable administrative discretion, to continue to make payn ents under this Agreement. The Grantee agrees that all public statements referring to the program must state that funds for this progra n come from the U.S. Department of justice, Office of Justice Programs, Bureau of Justice .Assistance, and must state the percent or dollar amount of federal funds used in the program. D. Maintenance, Retention and Access to Records Audits. 1. Alaintenance 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 most recent version of the Office of Justice Programs (OJP) Financ al Guide, including without limitation in accordance with Office of Management and Budget (OMB) Circulars A-87, A-102, A-110, A-122, 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 )y the Grantee for a minimum of five years following termination or expiration of this Agreement for purl-oses of State of Oregon or Federal examination and audit provided, however, that if there is any audit iss Le, dispute, claim or litigation relating to this Agreement or the Award, Grantee shall retain and keep accessible the books of account and records until the audit issue, dispute, claim or litigation has bees finally concluded or resolved. It is the responsibility of the Grantee to obtain a copy of the OJP Financial Guide from the Office of the Comptroller available at: http:www.ojp.usdoj.gov/finguide06/funguude2006.pdf; and apprise itself of all rules and regulations :.;et forth. 2. Access to Records. CJS, Oregon Secretary of State, the Office of the Comptroller, the General, Accounting Office (GAO) or any of their authorized representatives, shall have the tight of access to any pertinent books, documents, papers, or other records of Grantee and any contractors or subcontractors of Grantee, which are pertinent to the grant, in order to make audits, examinations, excerpts, and transcripts. The right of access is not hunted to the required retention period but shall last as long as the records are retained. 3. Audits. If Grantee expends $500,000 or more in Federal funds (from all sources) in its fiscal year, Grantee shall have a single organization -wide audit conducted in accordance with the provisions of OMB Circular A-133. Copies of all audits must be submitted to CJS within 30 days of completion. If Grantee expends less than $500,000 in its fiscal year in Federal funds, Grantee is exempt from Fede: al audit requirements for that year. Records must be available for review or audit by appropriate offici ils as provided in Section II.D.2. (Access to Records) herein. 4. Audit Costs. Audit costs for audits not required in accordance with OMB Circular A-133 are unallowable. [f Grantee did not expend $500,000 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 and t shall nor be charged to this grant. Intergovernmental Grant Award Agreement Deschutes County Juvenile Community Justice - Page 3 E. Funding. F. Matching Funds. The Grantee acknowledges by accepting grant funds that all reported program match is in the form of a cash match or in-kind and not 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 the program funded by the source referenced 111 I.E. (Source of Funds) duriic the grant period to support the goals, objectives and activities as identified in the grant application and reporting document. Match funds cannot he used to support activities that are not concurrently supported by these grant funds. The Grantee certifies that match funds required to pay the non-FecI ran portion of the program shall he in addition to funds that would otherwise be made available to funs programs within the previously referenced grant guidelines. Supplanting. The Grantee certifies that Federal funds will not be used to supplant State or local Euus, but 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 grant guidelines referenced in [.E. (Source of Funds). Reports. Failure of the Grantee to submit the required financial, program or audit reports, or to resolve financial, program, or audit issues may result in the suspension of grant payments or termination of the grant Agreement. 1. Progress Reports. The Grantee agrees to subunit a report each quarter on its progress in meeting ea..h of its agreed upon goals and objectives and comprehensive evaluation plan. Progress reports must include data on performance measures as required by the Bureau of Justice _-\ssistance. Reports mus- received us-received no later than April 30, 2008; July 31, 2008; October 31, 2008; and January 30, 2009. Any progress report that is outstanding for more than one month past the due date may cause the suspension or termination of the grant. Grantee must receive prior approval from C)S to extend a progress report requirement past its due date. Financial Reimbursement Reports. In order to receive reimbursement, the Grantee agrees to submit to CJS, 4760 Portland road NE, Salem, Oregon 97305, the original signed Request for Reimbursement (RFPs) which includes supporting documentation for all grant and match expenditures. RFRs must be received lo later than April 30, 2008; July 31, 2008; October 31, 2008; and January 30, 2009. Reimbursements for expenses will be withheld if progress reports are not submitted by the specified dates or are incomplete. Any RFR that is outstanding for more than one month past the due date may cause the suspension or termination of the grant. Grantee must receive prior approval from CjS to extend an RFR requirement past its due date. b. Reimbursement rates for travel expenses shall not exceed those allowed by the Federal travel policy. Requests for reimbursement for travel must be supported with a detailed statement identifying he person who traveled, the purpose of the travel, the times, dates, and places of travel, and the actual expenses or authorized rates incurred. c. When requesting reimbursement for equipment costing over $5,000, the Grantee agrees to provide a description of the equipment, purchase price, date of purchase, and identifying numbers if any,. d. Reimbursements 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 January 1, 2008 or after December 31, 2008. 3. Procurement Standards a. Grantee shall follow the same policies and procedures it uses for procurement from its non -Fe, -oral funds. Grantees shall use their own procurement procedures and regulations, provided that tht procurement conforms to applicable Federal and State law and standards. b. All procurement transactions, whether negotiates[ or competitively hid and without regard to d( llac value, shall be conducted in a planner so as to provide maximum open and free competition. justification Hurst be provided to CjS for any non-competitive or sole -source procurement. justification should include a description of the program and what is being contracted for, an intergovernmental Grant Award Agreement Deschutes County Juvenile Community Justice - Page 4 explanation of why it is necessary to contract noncompetitively, time constraints and any other pertinent information. All sole source procurements ui excess of $100,000 must receive prior written approval from CJS in addition to any other approvals required by law applicable to Grantee. Interagency agreements between units of government are excluded from this requirement to obtain CIS approval of sole source procurements. c. The Grantee shall be alert to organizational conflicts of interest or non-competitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. Contractors that develop or draft specifications, requirements, statements of work, or Requests for Proposals (RFP) for a proposed procurement shall be excluded from bidding or submitting a proposal to compete for the award of such procurement. Any request for exemption must be submitted in writing to CJS. 4. Audit Reports. Grantee shall provide CJS copies of all audit reports pertaining to this Agreement obtained by Grantee, whether or not the audit is required by OMB Circular A-133. G. Monitoring. CJS is responsible for monitoring and reviewing the activities of Grantee to ensure that au services provided by Grantee under this Agreement conform to State and Federal standards and other performance requirements specified in the Agreement. After reasonable notice and as often as CJS a nary deem necessary during the grant award period, CJS may perform program and fiscal monitoring. 2. Grantee shall provide for program and fiscal reviews, including meetings with consumers, subcontractors, and evaluators, review of service and fiscal records, policies, and procedures, staff -mg patterns, job descriptions, and meetings with any staff and stakeholders directly or indirectly uivolvec iii the performance of this Agreements, when requested to do so by CJS for purpose of monitoring. 1-I. Ownership of Work Product. Definitions. As used in this Section, and elsewhere in this Agreement, the following terms have the meanings set forth below: a. "Grantee Intellectual Property" means any utellectual property owned by Grantee and developel independently from the Work. b. "Third Party Intellectual Property" means any intellectual property owned by parties other than t:JS or Grantee. c. `Work Product" means everymvention, discovery, work of authorship, trade secret or other tangible or intangible item and all intellectual property rights therein that Grantee is required to deliver to CJS pursuant to the Work Original Works. All Work Product created by Grantee pursuant to the Work performed under this Agreement, including derivative works and compilations, and whether or not such Work Product is considered a work made for hire or an employment to invent, shall be the exclusive property of CIS. CJS and Grantee agree that such original works of authorship are "work made for hue" of which CJS rs the author within the meaning of the United States Copyright Act. If for any reason the original Worl. Product created pursuant to the Work is not "work made for hue," Grantee hereby irrevocably assign; to CJS any and all of its rights, tide, and 'interest in all original Work Product created pursuant to the Work, whether arising from copyright, patent, trademark, trade secret, or any other state or federal intellectual property law or doctrine. Upon CJS's reasonable request, Grantee shall execute such further documents and instnmients necessary to frilly vest such rights in CJS. Grantee forever waives any and all rights relating to original Work Product created pursuant to the Work, including without limitation, ar: and all rights arising under 17 USC 106A or any other rights of identification of authorship or rights . f approval, restriction or limitation on use or subsequent modifications. In the event that Work Product created by Grantee under this Agreement is a derivative work based o r Grantee Intellectual Property, or is a compilation that includes Grantee Intellectual Property, Grantee hereby grants to CJS an irrevocable, non-exclusive, perpetual, royalty -free license to use, reproduce, prepare derivative works based upon, distribute copies of, perform and display the pre-existing denier-. 7s Intergovernmental Grant Award Agreement Deschutes County Juvenile Community Justice - Page 5 of the Grantee Intellectual Property employed in the Work Product, and to authorize others to do rhe same on CJS's behalf. In the event that Work Product created by Grantee under this Agreement is a derivative work based on Third Party Iutellectual Property, or is a compilation that includes Third Party Intellectual Property, Grantee shall secure on the CJS's behalf and in the name of CJS an irrevocable, non-exclusive, perpetual, royalty -free license to use, reproduce, prepare derivative works based upon, distribute copies of, perform and display the pre-existing elements of the Third Party Intellectual Property employed in the Work Product, and to authorize others to do the same on CJS's behalf. 3. Grantee Intellectual Property. In the event that Work Product is Grantee Intellectual Property Grantee hereby grants to CJS an irrevocable, non-exclusive, perpetual, royalty -free license to use, reproduce, prepare derivative works based upon, distribute copies of, perform and display die Grantee Intellecnial Property, and to authorize others to do die same on CJS's behalf. 4. Third Party Works. In the event that \X/ork Product is Third Party Intellectual Property, Grantee sha 1 secure on the CJS's behalf and in the name of CJS, an irrevocable, non-exclusive, perpetual, royalty -free license to use, reproduce, prepare derivative works based upon, distribute copies of, perfotm and tis 'lay die Third Party Intellectual Property, and to authorize others to do the same on CAS's behalf. I. Indemnity. General Indemnity. To the extent permitted by Article XI, Section 10, of die Oregon Constitution a id die Oregon Tort claims Act, ORS 30.260 through 30.300, to the extent the Act is applicable, Grantee shall defend, save, hold harmless, and indemnify within the limits and subject to the restrictions of th. Oregon Tort Claims Act, if applicable, the State of Oregon and cs and their officers, employees ane agents from and against all claims, suits, actions, losses, damages, liabilities, costs and expenses of any nature whatsoever, including attorneys fees, resulting from, arising out of, or relating to the activities of Grantee or its officers, employees, subgrantees, or agents under this Agreement, except for liability arising solely out of the wrongful acts of employees or agents of the State of Oregon or CJS. To the extent permitted by Article XI, Section 7, or the Oregon Constitution and the Oregon Tort Claims Act, ORS 30.260 through 30.300, to the extent the Act is applicable, State and CJS shall deten 1, save, hold harmless, and indemnify within the limits and subject to the restrictions of the Oregon Tort Claims Act, if applicable, Grantee and its officers, employees and agents against all claims, suits, actions, losses, damages, liabilities, costs and expenses of any nature whatsoever, including attorney fees, residing from, arising out of, or relating to the activities of the State of Oregon and CJS or its officers, employ,ies, or agents under this contract, except for liability arising solely out of the wrongful acts of employees or agents of Grantee. 3. Indemnity For Infringement Claims. Without limiting die generality of the previous section, Grantee expressly agrees to defend, indemnify, and hold CJS, the State of Oregon and their agencies, subdivisions, officers, directors, agents, and employees harmless from any and all claims, suits, actions, losses, liabilities, costs, expenses, including attorneys fees, and damages arising out of or related to any claims that the work, the work product or any other tangible or intangible items delivered to CJS by Grantee that may be the subject of protection under any state or Federal intellectual property law or doctrine, or the CJS's use thereof, infringes any patent, copyright, trade secret, trademark, trade dress, mask work, utility design, or other proprietary right of any third part; provided, that State of Oregon shall provide Grantee with prompt written notice of any infringeme-rt claim. 4. Control of Defense and Settlement. The Indemnitor shall have control of the defense and setticmen of any claim that is subject to the previous sections; however, neither Grantee nor any attorney engaged by Grantee shall defend a claim 1n the name of the State of Oregon or any C]S of the State of Oregon, nor purport to act as legal representative of the State of Oregon or any of its agencies, without first receiving from the Oregon Attorney General, in a form and manner determined appropriate by the Attorney General, authority to act as legal counsel for the State 0E -Oregon, nor shall Grantee settle any claim on behalf of the State of Oregon without the approval of the Attorne General. An indemnitee under this Section 11.1. may, at its election and expense, assume its own defense and settlement in the event that the indemnitee determines that the indemnitor is prohibiter Intergovernmental Grant Award Agreement Deschutes County Juvenile Community Justice - Page 6 K. L. from defending the indemnitee, or is not adequately defending the indem nitee's interests, or that an important governmental principle is at issue and the indemnitee desires to assume its own defense. No Implied Waiver Cumulative Remedies. The failure of either party to exercise, and any dela- in exercis;ng 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 arc cumulative and not exclusive ofanyremedies provided by law. Governing Law; Venue; Consent to Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the Stare of Oregon without regard to principles of conflicts °Claw, Any clam , action, suit, or proceeding (collectively, "Claim") between the parties that arises from or relates to this Agreement shall be brought and conducted solely and exclusively within a Circuit Court for the State of Oregon of proper jurisdiction; provided, however, if the Claim must be brought in a federal forum, then it 3ha11 be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. The parties By Execution Of This Agreement, Hereby Consent To The In Personam Jurisdiction Of Said Courts. Except as provided in this section, neither party waives any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amenduncnt to the Constitution of the United States or otherwise, from any Claim or from the jurisdiction of any other court. The parties acknowledge that this is a binding and enforceable agreement and, to the extent permitted by law, expressly waive any defense alleging that either party does not have the right to seek judicial enforcement of this Agreement. Time is of the Essence. Grantee agrees that time is of the essence with respect to all provisions of this :Agreement that specify a time for performance; provided, however, that the foregoing shall not be construel to limit or deprive a party of the benefits of any grace or use period allowed in this Agreement. M. Notices. Except as otherwise expressly provided in this Agreement, any communications between the parties hereto or notice to be given hereunder shall be given in writing by personal delivery, facsimile, or mailing the same by registered or certified mail, postage prepaid to Grantee or CJS 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. Any 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. Any communication or notice by personal delivery shall be deemed to be given when actually delivered. Any communication or notice given by email shall be effective upon the sender's receipt of confirmation generated by the recipient's email system that the notice has been received by the recipients' email system. The parties also may communicate by telephone, regular mail or other means, but such communications shall not be deemed notices under this Section unless receipt by the other party is expressly acknowledged in writing by the receiving party. N. Subcontracts Successors and Assignments. Grantee shall not enter into any subcontracts for any of the program activities required by this Agreement without CJS's prior written consent. Grantee shall require any subcontractors to comply- in writing with the terms and conditions of this Agreement and provide the same assurances as the Grantee must in its use of Federal funds. CJS's consent to any subcontract shall not relieve Grantee Lf any of its duties or obligations under this Agreement. ? This Agreement shall be binding upon and inure to the benefit of CJS, Grantee, and their respective successors and assigns, if any. 3. Grantee may not assign, delegate, or transfer its rights or obligations hereunder or any interest herein without the prior consent in writing of CJS. O. Survival. All provisions of this Agreement set forth in the following sections shall survive termination of thi Agreement: Section II.D. (Maintenance, Retention and Access to Records; Audits); Section iLF. (Reports); ai d Section ILI. (Indemnity). Intergovernmental Grant Award Agreement Deschutes County Juvenile Community Justice - Page 7 P. Severability. If any term or provision of this Agreement is declared by a court of competent jurisdiction to be illegal on 111 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. 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. R. Recovery of Funds. S. Recovery of Overpayments. Grantee shall be accountable for and shall repay any overpayment or any amounts resulting from any breach of this Agreement that results in a debt owed to the Federal Government. CIS may apply interest, penalties, and administrative costs to a delinquent debt owed by a debtor pursuant to the Federal Claims Collection Standards and OMB Circular A-129. The parties agree to go through the process provided in Section IV.B. before Grantee is required to make any payment under this paragraph. 2. Recovery of Unexpended Funds. Any grant funds disbursed to Grantee that remain unexpended oil the termination of this Agreement ("Unexpended Funds") must be returned to CJS. Grantee may, at it option, satisfy its obligation to return Unexpended Funds under this Section by paying to CJS the amount of Unexpended Funds or permitting CJS to recover the amount of the Unexpended Funds from future payments to Grantee from CJS. If Grantee fails to return the amount of the Unexpend �d Funds within fifteen (15) days after the date this Agreement is terminated, Grantee shall be deemed to have elected the deduction option and CJS may deduct the amount demanded from any future payn.ent from CJS to Grantee, including but not limited to, any payment to Grantee from CJS under this Agreement and any payment to Grantee from CJS under any contract or agreement, present or future, between CJS unci Grantee. If no such contracts or agreements are in effect and no future contracts nr agreements between Grantee and CJS are contemplated by CJS 15 days after the date this Agreement is terminated, Grantee shall return the Unexpended Funds to CJS. 3. Recovery of Misexpended Funds. If CJS alleges that Grantee expended funds in violation or contravention of this Agreement, CJS and Grantee shall enter into nonbinding discussions under Section IV.B. within 15 days of CJS's notice to Grantee of the allegation, with such discussions to bL concluded within 45 days of CJS's notice to Grantee. If the parties determine that funds were in fac• expended in violation or contravention of this agreement ("Misexpended Funds") then the \hsexpended Funds shall be replaced by Grantee within 15 days of that determination, unless CJS agrees to another time or method of repayment. If the parties do not agree on the amount of Misexpended Funds, CJS may recover the amount determined by CJS to he Misexpended Funds from any future payment from CJS to Grantee, including, but not limited to, any payment to Grantee from CJS under this agreement and any payment to Grantee from CJS under any contract or agreement, present or future, between CJS and Grantee. If no such contracts or agreements are in effect and no future contracts or agreements between Grantee and CJS are contemplated by CJS 15 lays after the date of the determination of Misexpended Funds, Grantee shall return the Misexpended Funds to CJS. Amendments. CJS may agree to amend this to the extent permitted by applicable statutes and administrative rules. No amendment to this _Agreement shall be effective unless it is in writing signed by the parties, and all approvals required by applicable law have been obtained before becoming effective. III. Grantee Compliance and Certifications A. B. Debarment, Suspension, Ineligibility andVoluntary Exclusion. The Grantee certifies by accepting grant fun is that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligi )ie, nor voluntarily excluded from participation in this transaction by any Federal department or agency. (This certification is required by regulations published May 26, L988, implementing Executive Order 12549, Debarment and Suspension, 28 CFR Part 69 and 28 CFR Part 67.) Compliance with Applicable Law. The Grantee agrees to comply with all applicable laws, regulations, and guidelines as written or as amended, of the State of Oregon, the Federal Government and CJS in the performance of this Agreement. Without limiting the generality of the foregoing, Grantee agrees to compl; Intergovernmental Grant Award Agreement Deschutes County Juvenile Community Justice- Page with all laws, rules and guidelines set forth in the most recent version of the GrantAlanaernent Handbook published by CSS, including but not limited to: "Che provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Non-Discrimination/Equal Employment Opportunity Policies and Procedures; 1-'_ut 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures, and Federal laws or regulations applicable to Fede"al assistance programs. 2. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646). 3. Section 102(a) of the Flood Disaster Protection Act of 1973, P.L. 93-234, 87 Stat.97, approved December 31, 1976. 4. Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) 5. National Environmental Policy Act of 1969, 42 USC 4321 et seq. 6. Flood Disaster Protection Act of 1973, 42 USC 4001 et seq. 7. Clean Air Act, 42 USC 7401 et seq. 8. Clean Water Act, 33 USC 1368 et seq. 9. Federal Water Pollution Control Act of 1948, as amended, 33 USC 1251 et seq. 10. Safe Drinking Water Act of 1974, 42 USC 300f et seq. 11. Endangered Species Act of 1973, 16 USC 1531 et sect. 12. Wild and Scenic Rivers Act of 1968, as amended; 16 USC 1271 et seq. 13. I-fistorical and Archaeological Data Preservation Act of 1960, as amended, 16 USC 469 et seq. 14. Coastal Zone Management Act of 1972, 16 USC 1451 et seq. 15. Coastal Barrier Resources Act of 1982,16 USC 3501 et seq. 16. Indian Self -Determination Act, 25 USC 450f. 17. Match Political Activity Act of 1940, as amended, 5 USC 1501 et seq. 18. Animal Welfare Act of 1970, 7 USC 2131 et seq. 19. Demonstration Cities and Metropolitan Development Act of 1966, 42 USC 3301 et seq. 20. Federal Fair Labor Standards Act of 1938 (as appropriate), as amended, 29 USC 201 et sed. Standard Assurances and Certifications Regarding Lobbying. No federal appropriated funds have been paicl or will be paid, by or on behalf of the Grantee, to arty 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, die rnakitv, 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. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person IC r influencing or attempting to influence an officer or employee of any agency, a member of Congre: >, an officer or employee of Congress, or an employee of a member of Congress in connection with his federal contract, grant, loan, or cooperative agreement, the Grantee agrees to complete and submi' Standard Form -LLL "Disclosure Form to Report Lobbying", in accordance with its instructions. 3. The undersigned will require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgratits, and Contracts under lnlergovernmental Grunt Award Agreement Deschutes County Juvenile Community Justice - Page grants, loans, and cooperative agreements) and that all subgrantees will certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for snaking or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails t file die required certification will be subject to a civil penalty of not less than $10,000 and not morn. than $100,000 for each such failure. D. Certification of Non-discrimination. 2. The Grantee, and all its contractors and subcontractors, certifies that no person shall be excluded 1t( in 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; g, The Department of Justice Nondiscrimination Regulations 28 CFR Part 42, Subparts C, D, E, and G; and 0. The Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 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 CIS. CJS will forward a copy of I ae finding to the Office for Civil Rights, Office of justice Programs. L. Civil Rights Compliance. All recipients of federal grant fluids are required, and Grantee agrees, to comply with nondiscrimination requirements of Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d et seq. (prohibiting discrimination in programs or activities on the basis of race, color, and national origin); Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 U.S.C. 93789d(c)(1) (prohibiting discrimination in employment practices or in programs and activities on the basis of race, color, religion, national origin, and gender); Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 et seq. (prohibiting discrimination in employment practices or in programs and activities on the basis of disability); Title II of the Americans with Disabilities Act of L990, 42 U.S.C. § 12131 (prohibiting discrimination in services, programs, and activities on the basis of disability); The Age Discrimination Act of 1975, 42 U.S.C. § 6101-07 (prohibiting discrimination in programs and activities on the basis ,lf age); and Title IX of the Education Amendments of 1972, 20 U.S.0 § 1681 et seq. (prohibiting discrimination in educational programs or activities on the basis of gender). 2. Services to Limited -English -Proficient (LEP) Persons. National origin discrimination includes discrimination on the basis of limited English proficiency (LT). To ensure compliance with Title VI and the Safe Streets Act, recipients are required to take seasonal le steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing language assistance services, including interpretation and translation services, where intergovernmental Grans Award Agreement Deschutes County Juvenile Community Justice - Page I 1 F. necessary. Grantees are encouraged to consider the need for language services for LEP persons served or encountered both in developing their proposals and budgets and in conducting their programs and activities. Reasonable costs associated with providing meaningful access for LEP individuals arc considered allowable program costs. The U.S. Department of Justice has issued guidance for grantee to assist them in complying with Tide \'I requirements. The guidance document can be accessed on the Internet at tuvvw.lep.gov. Equal Employment Opportunity Plan (EEC)P). If the Grantee, or any of its contractors or subcontractors, has 50 or more employees, is receiving more than $25,000 pursuant to this Agreement, and has a service popula aou 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 EEOP relating to employment practices affecring minority persons and women. if the Grantee, or any of its contractors or subcontractors, has 50 or more employees, is receiving more than $25,000 pursuant to this ;agreement, and has a service population \\ ith a minority representation of less than three percent, the Grantee or any of its contractors or subcontractors. agrees to formulate, implement and maintain an EEOP relating to its practices affecting women. The Gran ce, and any of its contractors and subcontractors, certifies that an EEOP as required by this section will be in effect on or before the effective date of this Agreement. Any Grantee, and any of its contractors or subcontractors, receiving more than $500,000, either through this Agreement or in aggregate Federal grant funds in any fiscal year, shall in addition submit a copy of its EEOP 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, EEOP by the Office for Civil Rights, Office of Justu c Programs, Bureau of f usticc Assistance. If required to formulate an EEOP, the Grantee must maintain a current copy on file which meets the applicable requirements. G. National Environmental Policy Act (NEPA); Special Condition for U.S. Department of Justice Grant P rograms. 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 is, as long as the activity is being conducted by the Grantee, a contractor, subcontractor or any third party and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by this special condition are: new construction; b. minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a .100 -year floodplain; c. a renovation, lease, or any other proposed use of a building or facility that will either (a) result .n 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. Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the Grantee's or its contractors' or subcontractors' existing programs or activities that will be funded by these grant funds, the Grantee, upon specific request from the Bureau of_justicc Assistance, agrees tc cooperate with the Bureau of justice Assistance in any preparation by the Bureau of Justice Assrstane of a national or program environmental assessment of that funded program or activity. H. Certification Regarding Drug Free Workplace Requirements. Grantee certifies that it will provide a drug -fn workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the Grantee's workplace and specifying tl e actions that will be taken against employees for violation of such prohibition; Intergovernmental Grant Award Agreement Deschutes County Juvenile Community Justice - Page I 2. Establishing a drug-free awareness program to inform employees about: a. The dangers of drug abuse in the workplace; b. The Grantee's policy of maintaining a drug-free workplace; c. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations occurring in die workplace. 3. Requiring that each employee engaged in the performance of the grant be given a copy of the employer's statement required by paragraph (1). 4. Notifying the employee that, as a condition of employment under the award, the employee will: a. _Abide by the terms of the statement; and b. Notify the employer of any criminal drug statute conviction fora violation occurring in the workplace not later than five days after such conviction. 5. Notifying the Grantee within ten days after receiving notice from an employee or otherwise receiving actual notice of such conviction. 6. Taking one of the following actions, within 30 days of receiving notice, with respect to any employee who is so convicted: Taking appropriate personnel action against such an employee, up to and including termination; or b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by Federal, State, or local health, law enforcement, or other appropriate agency. 7. Making a good faith effort to continue to maintain a drug-free workplace. IV. Default, Remedies, Termination A. Default by Grantee. Grantee shall be in default of this 'agreement if: Grantee fails to comply substantially with the requirements or statutory objectives of the grant guidelines referenced in I.E. (Source of Funds) or other provisions of Federal law. 2. Grantee fails to have program operational within 90 days of the award period start date. 3. Grantee fails to make satisfactory progress toward the goals and objectives and comprehensive evaluation phut set forth in the application or the progress report. 4. Grantee fails to adhere to the requirements and the terms and conditions of the grant award. 5. Grantee proposes or implements substantial plan changes to the extent that, if originally submitted, ti.e application would not have been selected. 6. Grantee fails to submit the required financial, program or audit reports, or to resolve financial, progr..m, Or audit issues. 7. Grantee institutes or has instituted against it insolvency, receivership or bankruptcy proceedings, mak :s an assignment for the benefit of creditors, or ceases doing business on a regular basis. 8. Grantee fails to comply substantially with any other applicable Federal or State statute, regulation, or guideline. Intergovernmental Grant Award Agreement Deschutes County Juvenile Community Justice - Page 12 B. Default by CTS. CJS shall be in default of this Agreement if: C. CJS fads to pay Grantee any amount pursuant to the terms of this _lgreemcnt, and CJS fails to cure such failure within 30 days after Grantee's notice or such longer period as Grantee may specify in such notice; or CJS commits any material breach or default of any covenant, warranty, or obligation under this Agreement, and such breach or default is not cured within 30 days after Grantee's notice or such longer period as Grantee may specify in such notice. Remedies upon Default. Notwithstanding any other term or provision in this Agreement, CJS will provide reasonable notice to the Grantee if CJS believes Grantee is or may be in default and will attempt to resolve :he problem informally. The parties shall engage in nonbinding discussions to give Grantee an opportunity to present reasons why it believes it is not in default or that the default is not material and give CJS an opportunity to withdraw its notice. The parties may also negotiate au appropriate resolution of the default, including without limitation the amount of any ;A (isexpended Funds. If Grantee does not cure any default within 30 0 .ys of written notice thereof to Grantee from CJS or such longer period as CJS may authorize in its sole discret on, CJS may pursue any remedies available under this Agreement, at law or an equity. Such remedies include, bl t are not limited to withholding of rcinnbursement, termination or suspension of this Agreement, return of all or a portion of the grant funds, payment of interest earned on the grant funds, declaration of ineligibility for rh.2 receipt of future grant awards from CSS, and damages to CJS. If, as a result of Grantee's default, CJS dema:Lds return of all or a portion of the grant funds or payment of interest earned on the grant funds, Grantee shall my the amount upon CJS's demand after the process described in this Section. D. Termination. 1. CJS Tenninarion. CJS may terminate this .Agreement: Immediately upon written notice to Grantee, if CJS does not obtain sufficient funding, appropriation, limitations, allotments or other expenditure authority to allow CJS to meet its payment obligations under this Agreement. b, Immediately upon written notice to Grantee if state or Federal laws, regulations or guidelines ire modified, changed or interpreted in such a way that the CJS does not have the authority to provide grant funds for the Work or no longer has the authority to provide the grant funds from the planned funding source. c. Upon 30 days advance written notice to Grantee, if Grantee is in default under this Agreement and such default remains uncured at the end of said 30 day penud or such longer period, if anv, as CJS may specify in the notice, d. Immediately upon written notice to Grantee, if any license or certificate required by law or regulation to be held by Grantee to implement the Work is for any reason denied, revoked, suspended, not renewed or changed in such a way that Grantee no longer meets requirements to operate the program: e. Immediately upon written notice to Grantee, if CJS determines that there is a threat to the ]Leath, safety or welfare of any individual receiving Services as part of the program. Grantee Termination. Grantee may terminate this Agreement: a. Upon 30 days advance written notice to CJS, if Grantee is unable to continue implementation of the Project as a result of circumstances not reasonably anticipated by Grantee at the time it executed this Agreement and that are beyond Grantee's reasonable control. If Grantee terminates this Agreement under this Section, CJS may end all further disbursements of grant funds upon receipt of Grantee's termination notice but Grantee shall not be required to repay to CJS any grant funds previously disbursed to and expended by Grantee in accordance with the terns and conditions of this Agreement. Intergovernmental Grant Award Agreement Deschutes County Juvenile Community Justice - Page I b. CJS fails to pan Grantee any amount pursuant to die terms of this Agreement, and CJS fads to cure such failure within 30 days after Grantee's notice or such longer period as Grantee may specify in such notice. c. CJS commits any material breach or default of any covenant, warranty, or obligation under tins Agreement, fails to perform its commitments hereunder within the time specified or any extension thereof, and CIS fails to cure such failure within 30 days after Grantee's notice or st ch longer period as Grantee may specify in such notice. 3. Effect of Termination. Upon termination of this Agreement, CJS shall have no further obligation -o disburse grant moneys to Grantee, whether or not the entire grant has been disbursed to Grantee, ind Grantee's authority to expend previously disbursed grant funds shall end Termination of this Agreement shall not affect Grantee's obligations under this Agreement or CJS's right to enforce th.s Agreement against Grantee in accordance with its terms, with respect to grant funds actually received by Grantee under this Agreement, or with respect to portions of the Work actually implemented. Specifically, but without limiting the generality of the preceding sentence, termination of this Agreement shall not affect Grantee's representations and warranties, reporting obligations, record- keeping and access obligations, obligation to comply with applicable law, the restrictions and limitations on Grantee's expenditure of grant funds actually received by Grantee hereunder, Grange's indemnification obligations, Grantee's obligations related to Work Product, Grantee's obligation 0 • repay any overpayment of grant funds or CJS's right to recover any grant funds from Grantee in accordance with the terns of this Agreement. 4. Return of Property. Upon termination of this _Agreement for any reason whatsoever, Grantee shall immediately deliver to CJS all CJS property (including without limitation any Work or Work Products for which CJS has made payment in whole or in part) that is in the possession or under the control of Grantee in whatever stage of development and form of recordation such CJS property is expresses, or embodied at that time. Upon receiving a notice of termination of this Agreement, Grantee shall immediately cease all activities under this Agreement, unless CJS expressly directs otherwise u such notice of termination. Upon CJS request, Grantee shall surrender to anyone CJS designates, all documents, research or objects or other tangible things needed to complete rhe Work and the Wolk Products. V. Representations and Warranties Grantee represents and warrants to CJS as follows: A. Existence and Power. Grantee is a political subdivision of the State of Oregon. Grantee has full power and authority to transact the business in which it is engaged and full power, authority, and legal right to execute ind deliver this Agreement and incur and perform its obligations hereunder. B. -Authority, No Contravention. The making and performance by Grantee of this Agreement (a) have been duly authorized by all necessary action of Grantee, (b) do not and will not violate any provision of any applicable law, rule, or regulation or order of any court, regulatory commission, board or other administrative agency or any provision of Grantee's articles of incorporation or bylaws and (c) do not and will not result in the breach of, or constitute a default or require any consent under any other agreement or instrument to which Grantee u a party or by which Grantee or any of its properties are bound or affected. C. Binding Obligation. This Agreement has been duly authorized, executed and delivered on behalf of Grantee and constitutes the legal, valid, and binding obligation of Grantee, enforceable in accordance with its terms. D. Approvals. No authorization, consent, license, approval of, filing or registration with, or notification to, am - governmental body or regulatory or supervisory authority is required for the execution, delivery or perform ince by Grantee of this _Agreement. Intergovernmental Grant Award Agreement Deschutes County Juvenile Community Justice - Pagel t Each party, by signature of its authorized representative, hereby acknowledges that he/she has read this Agreemen:, understands it, agrees robe bound by its terms and conditions (including all references to other documents) and is authorized to execute this Agreement. Approved by Grantee Signature of -Authorized Grantee Official Date Name/Title Approved by Criminal Justice Services Karen Green, Grants Manager Criminal Justice Services Oregon State Police 4760 Portland Road NE Salem, OR 97305 (303) 378-4145 ext 546 Approved for Legal Sufficiency (Required for Agreements in excess of $100,000) Date Legal Sufficiency approval by Keith Kotler via email dated December 26, 2007 Assistant Attorney General Date Intergovernmental Grant Award Agreement Multnomah County- Page 5