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HomeMy WebLinkAboutIGA - Bend Park-Rec - After School Program„...„,6, -3 -Es c.. gG Za ❑ { 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 February 27, 2008 Please see directions for completing this document on the next page. DATE: February 20, 2008 FROM: Julie Spackman CCF 388-6619 TITLE OF AGENDA ITEM: Consideration of Board Signature of document 42008-020, a contract with the Bend Metro Park and Recreation District for implementation of the "Friendly PEERsuasion” program. PUBLIC HEARING ON THIS DATE? NO BACKGROUND AND POLICY IMPLICATIONS: This is a contract with the Bend Metro Park and Recreation District to conduct the "Friendly PEERsuasion" program within the Bend LaPine School District. "Friendly PEERsuasion" teaches middle school girls skills for resisting negative peer pressure and substance use and abuse. FISCAL IMPLICATIONS: The contracted amount is for $5,000.00 with a 48% funds match from the Bend Metro Park and Recreation District. The revenue and expenditure was included in the 2007/2008 budget. RECOMMENDATION & ACTION REQUESTED: Approval and signature of document #2008-020 ATTENDANCE: Julie Spackman and Robin Marshall DISTRIBUTION OF DOCUMENTS: Two originals sent back to the Commission on Children & Families, attention Debi Harr, 330-4692. 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: 2/7/08 Contact Person: Please complete all sections above the Official Review line. Sue Jorgenson Department: Contractor/Supplier/Consultant Name: CCF Phone #: 389-7275 Bend Metro Parks & Recreation District Goods and/or Services: Afterschool substance abuse prevention program specifically for middle school girls (Friendly PEERsuasion). Background & History: New contractor for Friendly PEERsuasion Agreement Starting Date: 2/15/08 Annual Value or Total Payment: 5,000.00 ® Insurance Certificate Received (check box) Insurance Expiration Date: Check all that apply: ❑ RFP, Solicitation or Bid Process ® Informal quotes (<$150K) ❑ Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37) 1/1/09 Ending Date: 6/30/08 Funding Source: (Included in current budget? ® Yes ❑ No If No, has budget amendment been submitted? ❑ Yes ❑ No Departmental Contact: Title: Julie Spackman Prog am Development Technician Phone #: 388-6619 Department Director Approval: G )/ g' C} e Date Sig ature Distribution of Document: Return two originals to the CCF office - 1130 NW Harriman, Ste A, Bend, OR 97701 Official Review: County Signature Required (check on BOCC,...-'D Department Director (if <$25K) ❑ Administrator (if >$25K b<$150; if >$150K, BOCC Order No. ) Legal Review Date z%2 o tor 2/7/2008 EVIEWb LE AL CO NSEL For Recording Stamp Only Contract for Subgrant Under The Deschutes County Commission on Children & Families Contractor: Bend Metro Parks & Recreation District Project: Friendly PEERsuasion Contact: Sue Jorgenson Subcontractor(s): Insert if applicable THIS CONTRACT, made and entered into by and between Deschutes County, a politicill subdivision of the State of Oregon, hereinafter called "County," acting by and through the Commission on Children & Families, hereinafter called "Commission" or "CCF", and BEND METRO PARKS & RECREATION DISTRICT, an Oregon non-profit corporation, Federal Tax ID # 93- 0665697, hereinafter referred to as "Contractor:" DEFINITIONS Application - The proposal provided by an applicant agency seeking funding. The applicaticn helps define the service to be purchased and the use of Commission resources. While the attached Work Plan and Budget will be used to monitor contract performance and compliance, the application submitted by Contractor is considered a key reference document to clarify intent as well as the nature of the organization and services to be provided. Community Plan - The County and State adopted 2001-2010 Community Plan. The Plan meets the state requirement for a county coordinated, comprehensive plan. Director - The Director of the Office of the Commission on Children & Families or the Director's designee. Grant - The application, award, and incorporated documents constituting an agreement between County and the Oregon Department of Human Services Underage Drinking grant to car -y out the Project. Other granting organizations - Any entity providing resources (to the Commission) that a -e included in this contract. The Commission - The Deschutes County Commission on Children & Families. DC -.2008-- 2 1 S:\CCFamilies\Grants\2007-2008\Provider Contracts\Bend Metro Parks.doc Work Plan - The attached one or two page document that details the agreed upon performance measures on which project success will be measured and financial payment will be made. RECITALS WHEREAS, pursuant to its application, Contractor desires to obtain a Subgrant award to undertake the project, (in accordance with County's Community Plan) as more specifically set forth in Exhibit A (Work Plan) and Exhibit B (Budget); and WHEREAS, County desires to obtain the services of Contractor to carry out said Contract in accordance with the Work Plan and Budget; and WHEREAS, Contractor has heretofore expressed a willingness to complete the Work Plan and the Contract in accordance with the purposes, categories and specifications authorized in any applicable grant terms managed through the Commission on Children & Families, now, therefore, WITNESSETH: IT IS HEREBY AGREED by and between the parties above mentioned, for and in consideration of the mutual promises hereinafter stated, as follows: 1. Effective Date: This Contract is effective at 12:01 a.m. February 15, 2008, or the date this Contract is fully executed, whichever is later. Contractor shall not be entitled to payment for any services that are or may have been rendered prior to the effective date of this contract. 2. Duration. This Contract expires at 11:59 p.m. on June 30, 2008. 3. Contractor's Services. Contractor agrees to provide the services outlined in Exhibit A, and in accordance with the Exhibit B Budget, attached hereto and by this reference incorporated herein. Objectives and deliverables set forth in Exhibit A may be modified during the course of performance only upon the written consent of Contractor and the Director of the Commission on Children and Families, provided that a) the modifications are consistent with the Work Plan goals, and b) the value of services to be received is equal to or greater than the value of services set forth in Exhibit A and Exhibit B, as determined by the Director. 4. Consideration. The maximum consideration authorized under this Contract is $5,000. Said consideration is the complete compensation to Contractor for services performed. This Contract between the County and the Contractor is subject to the availability of local, state and federal funds. 5. Independent Contractor. Contractor is engaged hereby as an independent contractor, and will be so deemed for purposes of the following: a. Contractor will be solely responsible for payment of any Federal or State taxes required as a result of this Contract. b. This Contract is not intended to entitle Contractor to any benefits generally granted to County employees. Without limitation, but by way of illustration, the benefits which are not intended to be extended by this Contract to Contractor are vacation, holiday and sick leave, other leaves with pay, tenure, medical and dental coverage, life and disability insurance, overtime, Social Security, Workers' Compensation, unemployment compensation, or retirement benefits (except benefits otherwise required by law if Contractor is presently a member of the Public Employees Retirement System). 2 S:\CCFamilies\Grants\2007-2008\Provider Contracts\Bend Metro Parks.doc c. Contractor is an independent contractor for purposes of the Oregon Workers' Compensation law (ORS Chapter 656) and is solely liable for any Workers' Compensation coverage under this Contract. If Contractor has the assistance of othe- persons in the performance of this Contract, Contractor shall qualify and remain qualified for the term of this Contract as a direct responsibility employer under ORS 656.40, and furnish County with evidence of said insurance. If Contractor performs this Contract without the assistance of any other person, Contractor shall execute a Joint Declaration with County's Workers' Compensation carrier absolving County of any and all liability from Workers' Compensation provided in ORS 656.029(2). 6. Subcontractor Delegation. Contractor shall not delegate the responsibility for providing services hereunder to any other individual or agency, unless outlined in this Contract or approved in writing by the Commission on Children and Families which shall be attached to the originid Contract. a. Any delegation, subcontract, assignment, or transfer without prior written consent cf County shall constitute a material breach of this Contract. b. Any such assignment or transfer, if approved, is subject to such conditions and provisions, as the County may deem necessary. c. No approval by the County of any assignment or transfer of interest shall be deemed to create any obligation of the County to increase rates of payment or maximum Contract consideration. d. Prior written approval shall not be required for the purchase by the Contractor of articles, supplies and services which are incidental to the provision of services under this Contract that are necessary for the performance of the work. e. Any subcontracts that the County may authorize shall contain all requirements of this Contract, and the Contractor shall be responsible for the performance of the subcontractor. 7. Duties and Responsibilities of County. a. Oversee the completion of the Work Plan in accordance with the terms and conditions of the Grant. b. Disburse Grant funds, as appropriate, upon receipt of timely, complete and accurate reports and documents required by this contract or requested by County. Funds must be available for distribution through the Commission on Children & Families Fund maintained through the County Finance Department. A signed Contract with Work Plan and Budget must also be on file. No payment will be made for any work performed prior to the effective date of this Contract. Except as otherwise provided in this contract, County will disburse to Contractor on a quarterly basis throughout the length of the contract within twenty-five (25) days after receipt of the required items outlined in 8 (i) below. Disbursement will include any amount owing hereunder for performance during the previous three months. Payment shall be made quarterly based on an equal, quarterly payment amount. Payment will only be made upon receipt of accurate and completed required reports by Oct. 15, Jan. 15, April 15 and July 15. Equal payments will be made based on the number of quarters contained in the contract period. 3 S:\CCFamilies\Grants\2007-2008\Provider Contracts\Bend Metro Parks.doc c. Maintain an inventory of all property purchased and provide reports in accordance with the requirements of the Commission. d. Prepare and submit reports and related documents to the Commission as required for maintenance of the Grant. Reports may be submitted electronically using forms/templates approved by the Commission. 8. Duties and Responsibilities of Contractor. a. Carry out the Project as an independent contractor and not as an agent of County in accordance with the terms and conditions of the Grant. To assign staff and resources under this Contract only to services coming within approved programs in accordance with the scope of work described in Exhibit A. b. Obtain prior written approval of all revisions to the Budget as detailed in Exhibit B that are in excess of ten percent (10%) of the amount of the contracted amount, and obtain prior approval of all contracts and procurements involving aggregate sums in excess of $500 for personal services. c. Document and report cash or in-kind match in the amounts shown in Exhibit B. d. Prepare and furnish such plans, data, descriptive information and reports as may be requested by County as needed to comply with County, State and or Federal requirements. Contractor agrees to, and does hereby grant the County and any other granting organizations the right to reproduce, use, and disclose all or any part of the reports, data, and technical information furnished under this Contract. e. Justify all costs by properly executed payrolls, time records, invoices, contracts, vouchers, orders, and any other accounting documents pertaining in whole or in part to this Contract, conforming to generally accepted accounting principles. All documents and records shall be clearly identified and maintained for a period of three years. f. Permit authorized representatives of County, granting organizations and the State of Oregon Division of Audits to make such review of the records of Contractor as County, State, or auditor may deem necessary to satisfy audit and program evaluation purposes. These records will be made available for review upon 20 days written notice by the County. Contractor shall permit authorized representatives of County and granting organizations to visit the site of all programs covered by this Contract. g. Maintain confidentiality of all records pursuant to applicable Oregon Revised Statutes. Contractor shall not use, release or disclose any information concerning any employee, client, applicant or person doing business with the County for any purpose not directly connected with the administration of County's or the Contractor's responsibilities under this Contract except upon written consent of the County, and if applicable, the employee, client, applicant or person. The Contractor shall ensure that its agents, employees, officers and subcontractors with access to County and Contractor records understand and comply with this confidentiality provision. h. Use funds awarded pursuant to this Contract to supplement and not supplant funds otherwise made available for programs. i. Submit to County, on a regular basis, the required, signed standardized Reporting Form, the Monitoring / Client Statistics and a Request for Funding. 4 S:\CCFamilies\Grants\2007-2008\Provider Contracts\Bend Metro Parks.doc Reporting requirement time lines will be determined by the Commission Director at the beginning of the contract period, however payments will still be made on a quarterly basis. j. Meet at least once during the Contract period with Commission representatives to discuss program progress. Additional meetings may be scheduled as deemed necessary by the Commission to address any issues or questions. k. When actual performance varies significantly from the Exhibit A and the agreed upon Work Plan, the Contractor shall also submit a written explanation with the quarterly report (or within the reporting time frame approved by the Director at thf! beginning of the contract period). Significant variance in performance, defined as .1 15% variation reflecting poorer outcomes than as outlined in Exhibit A and in the agreed upon Work Plan and in the approved reporting time frame, is considered non- compliance and requires a written explanation from the Contractor. In the event a provider does not recognize they are out of compliance and/or does not submit a written explanation with the required reports, the staff liaison to the provider will notify the provider and request a written explanation within 30 days of notification. 1. The written explanation for non-compliance shall include the following information: a. an explanation as to why the provider is out of compliance; b. clear description of what the provider is doing to correct the problem; and c. time line for bringing the program into compliance or an explanation for the reason the program will not be able to bring performance into compliance. m. The provider's written explanation shall be subject to review/approval by the Commission Director and, depending on the severity of the non-compliance, the Director may decide to forward the matter to the Commission's Program Committee and/or the Commission board. n. The Commission Board and the BOCC retain the right to discuss and take appropriate action in cases where reported outcomes vary significantly from the agreed upon Work Plan prior to the release of any funds, including allocation to the Commission's grant fund balance for future distribution to other contractors, at the Commission's and/or BOCC's sole discretion. Any grant restrictions or limitations will be taken into account in the future allocation of grant funds. All funds allocated to the grant fund balance will be placed on the Commission's consent agenda for Commission's Board approval prior to transfer. o. Assurances: The Contractor attests that the information provided to determine Contractor eligibility, including all required reports is true and accurate to the best of their knowledge. The Contractor's representative signing this contract further attests that they have the authority to represent their organization in all phases of the selection process, including entering into a contract. Finally, the Contractor's representative signing this contract understands that any false or substantially incorrect statements may disqualify the Contractor's proposal from further consideration, or be cause for termination of any further contract. p. Contractors are expected to recognize the Commission's support in printed and electronic versions of program reports, flyers, media coverage, announcements including web site applications. Any issues with Deschutes County or the Commission programs or processes will be addressed directly by both parties and not through published materials or the media. Significant issues or concerns should ')e 5 S:\CCFamilies\Grants\2007-2008\Provider Contracts\Bend Metro Parks.doc outlined in writing and directed to the Commission Chairperson. r, Family Violence Policy: No later than the end of the contract term (or, if more than one year, the anniversary of the end of each contract term), the contractor supported financially through the Commission is expected to develop a formal work place policy related to family violence. At a minimum, the policy will include a statement of how family violence victims will be supported and the supervisor training needed to ensure that support. In addition, the policy will include a statement of what effort will be made to educate employees about family violence and to maintain awareness of the issues. s. Child Abuse Reporting Policy: No Tater than the end of the contract term (or, if more than one year, the anniversary of the end of each contract term), the contractor supported financially through the Commission is expected to develop a formal work place policy related to reporting of child abuse. At a minimum, the policy will include a statement of how child abuse will be recognized and reported and the supervisor training needed to ensure that victims of child abuse are recognized and reported. In addition, the policy will include a statement of what effort will be made to educate employees about recognizing and reporting child abuse. t. Perform services as an equal opportunity employer. Contractor shall not deny services or discriminate on the basis of sex, race, color, creed, national origin, marital status, disability or duration of residence, and there shall be no discrimination in selection, compensation, or other employment practices with respect to personnel coming under the auspices of Contractor. Contractor will otherwise comply with the provisions and requirements of Title VI of the Civil Rights Act of 1974, and all require- ments issued by the Department of Justice. u. Contractor agrees that they will abide by the Performance Standards in Exhibit A. 9. Additional State and Federal Requirements Applicable to Contract. If any funds to be paid to Contractor under this Contract are received by the County from any agency of the federal government, Contractor shall comply with all applicable federal, state and local laws, including but not limited to, OAR 423-010-0005 to 423-010-0040 and the following laws: a. Contractor shall comply with all state and local laws, regulations, executive orders, codes and ordinances applicable to the Contract or to the conduct of activities under this Contract. Without limiting the generality of the foregoing, Contractor expressly agrees to comply with the following laws, regulations and executive orders to the extent they are applicable to the Contract: (a) all applicable requirements of state civil rights and rehabilitation statutes, rules and regulations; (b) all state laws requiring reporting of client abuse; (c) ORS 659A.100 to ORS 659A.409 and all regulations and administrative rules established, pursuant to those laws in the conduct of all programs, services and training associated with the Contract. These laws, regulations and executive orders are incorporated by reference herein to the extent that they are applicable to the Contract. Contractor shall comply with the provisions of ORS 2796.220, 2796.230 and 2796.235„ which are incorporated by reference herein. Contractor shall comply with ORS 656.017 and provide the required Workers' Compensation coverage, unless exempt under ORS 656.126. b. Contractor shall hold all licenses, certificates, authorizations and other approvals required by applicable law to deliver services. 6 S:\CCFamilies\Grants\2007-2008\Provider Contracts\Bend Metro Parks.doc c. When utilizing federal Title XX block grant funds, the additional federal requirements applicable to the Title XX block grant funds in 42 USC 1397 et seq., including but not limited to: maintaining and providing to County such documentation as the County shall require to comply with federal reporting requirements; 45 CFR Part 96; and the limitations on the use of Title XX grants in 42 USC 1397d. d. Contractor shall comply with all federal laws, regulations, and executive orders applicable to the Contract or to the conduct of Activities. Without limiting the generality of the foregoing, Contractor expressly agrees to comply with the following laws, regulations and executive orders to the extent they are applicable to the Contract: (a) Titles VI and VII of the Civil Rights Act of 1964, as amended, (b) Sections 503 and 504 of the Rehabilitation Act of 1973, as amended, (c) Executive Order 11246, as amended, (d) the Age Discrimination in Employment Act of 1967, as amended, and the Age Discrimination Act of 1975, as amended, (e) the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended, (f) all regulations and administrative rules established pursuant to the foregoing laws, (g) all other applicable requirements of federal civil rights and rehabilitation statutes, rules and regulations, (h) all federal laws requiring reporting of client abuse. These laws, regulations and executive orders are incorporated by reference herein to the extent that they are applicable to the Contract and required by law to be so incorporated. No federal funds may be used to conduct activities in violation of 42 USC 14402. Contractor shall comply with Title II of the Americans with Disabilities Act of 1993 (codified at 42 USC 12131 et. seq.) in the construction, remodeling, maintenance and operation of any structures and facilities, and in the conduct of all programs, services and training associated with the conduct of Activities. e. When utilizing federal Title IV -B2 Family Preservation and Support Services funds, the additional federal requirements applicable to Title IV -B2 Family Preservation and Support Services funds in 42 USC 629 et seq., including but not limited to: maintaining and providing to County such documentation as the County shall require to comply with federal reporting requirements; 45 CFR Part 92; and the limitations on the use of Title IV -B2 funds in 42 USC 629d. f. When utilizing federal Child Care and Development block grant funds, the additional federal and state requirements applicable to Child Care and Development block grant funds in 42 USC 9858 et seq., and 45 CFR Part 98, including but not limited to: maintaining and providing to County such documentation as the County shall require to comply with federal reporting requirements; and the limitations on the use of such funds in 42 USC 9858d and 45 CFR 98.54. g. With respect to federal funds under this Contract, contractor agrees to comply with the provisions of the OMB Circular A-87, Revised "Cost Principles for State, Local and Indian Tribal Governments." Federal funds received by Contractor under this Contract from the sources identified in Sections 5.04(a) to (c) are subject to the aucit requirements under the Single Audit Act Amendments of 1996 and OMB Circular A- 133, Revised, "Audits of Institutions of Higher Education, and Other Non -Profit Organizations." h. Unless exempted under the rules, regulations, and relevant orders of the Secretary 3f Labor set forth in 41 CFR Part 60, all provisions of (1) Title VI of the Civil Rights Act of 1964 (codified at 42 USC 2000d et. seq.), (2) Section 504 of the Rehabilitation Act of 1973 (codified at 29 USC 794) as implemented by 45 CFR Section 84.4, (3) ;SII applicable rules, regulations and orders of the Secretary of Labor concerning equal opportunity in employment, and (4) the provisions of ORS Chapter 659. 7 S:\CCFamilies\Grants\2007-2008\Provider Contracts\Bend Metro Parks.doc i. All mandatory standards and policies that relate to resource conservation and recovery pursuant to the Resource Conservation and Recovery Act (codified at 42 USC 6901 et. seq.). Section 6002 of that Act (codified at 42 USC 6962) requires that preference be given in procurement programs to the purchase of specific products containing recycled materials identified in guidelines developed by the Environmental Protection Agency. Current guidelines are set forth in 40 CFR Parts 24-253. The following environmental laws: (1) all applicable standards, orders or requirements issued under the Clean Air Act (codified at 42 USC 7401 et. seq.) and the Federal Water Pollution Control Act, as amended (codified at 33 USC 1251 et. seq.), (2) Executive Order No. 11,738 of the President of the United States and (3) Environmental Protection Agency regulations set forth in 40 CFR Part 15. Contractor shall promptly report all violations of the federal laws to County. Contractor shall include and require the inclusion in all contracts with recipients receiving more than $100,000 in federal funds, language requiring the recipient to comply with the federal laws and to report all violations thereof to County. OMB Circular A-102, Revised. k. Contractor shall not permit any person or entity to receive Grant funds if the person or entity is listed on the non -procurement portion of the General Service Administration's list of parties excluded from federal procurement or non - procurement programs in accordance with Executive Order No. 12,549 and Executive Order No. 12,689 of the President of the United States. I. Contractor certifies to County that, to the best of its knowledge and belief: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative contract, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative contract. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, or a Member of Congress in connection with this federal contract, grant, loan, or cooperative contract, Contractor shall complete and submit Standard From -LLL, entitled "Disclosure Form to Report Lobbying, "in accordance with its instructions. (3) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 USC § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not Tess than $10,000 and not more than $100,000 for each such failure. Contractor shall require this certification from all recipients of Grant funds by including it in and requiring that it be included in all contracts pursuant to which Grant funds are paid. 8 S:\CCFamilies\Grants\2007-2008\Provider Contracts\Bend Metro Parks.doc m. Title II of the Americans with Disabilities Act of 1990 (codified at 42 USC 12131 et. seq.), ORS 659A.100 to 659A.409, and all regulations and administrative rules established pursuant to those laws, and in the conduct of all programs, services and training associated with the delivery of services funded with the Grant. n. Contractor shall comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375, and as supplemented it Department of Labor regulations (41 CFR Part 60). OMB Circular A - 102, Revised. o. Contractor shall comply with the Pro -Children Act of 1995 (codified at 20 USC § 6081 et. seq.). p. Contractor shall comply with the federal Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and the federal regulations implementing HIPAA data and transactions and security and privacy requirements for protected health information and conduct activities in compliance with HIPAA. q. By signature of this Contract, Contractor agrees to the terms and conditions of that certain grant contract by and between the County and the State of Oregon for this project, a copy of which is on file with the County, as if each and every term and condition were set out herein in full. r. That the funds made available to the Contractor under this Contract shall not be used to supplant other funds, but will be used to increase the amounts of such funds that would, in the absence of funds under this Contract, be made available for the Project. s. That matching funds (other private grants, in-kind services and volunteer hours) required to pay the portion of the cost of the Project shall be in addition to funds that would otherwise be available for the Program by Contractor and shall be provided as required in this Contract. t. Contractor agrees to comply with the financial and administrative rules applicable to the project. u. Contractor agrees to comply with all Federal statues, regulations, policies, guidelines and requirements applicable to this Contract and all State of Oregon laws, administrative rules and policies applicable to this Contract. v. Contractor shall agree to, sign, date and comply with the Certifications regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug -Free Workplace Requirements, marked Exhibit "C" attached hereto and by this reference incorporated herein. w. Contractor shall comply with federal rules and statutes pertaining to the Substance Abuse, Prevention, and Treatment Block Grant, including the reporting provisions of the Public Health Services Act (42 USC 300x through 300x-21) 10. Under Expenditure of Funds. Funds determined by County to be under expended or unexpended, or unencumbered for authorized expenditures, shall be withheld by County from payment, refunded to the State, or reallocated by County as may be authorized or required. 11. Unauthorized Expenditures. Any funds expended for unauthorized purposes shall De 9 S:\CCFamilies\Grants\2007-2008\Provider Contracts\Bend Metro Parks.doc deducted by County from payment, refunded to the State, or reallocated by County as may be authorized or required. 12. Equipment. All equipment purchased with Commission or County funds shall be marked as such, and will revert to County as its property when the program that purchased the equipment no longer exists or the equipment is no longer used for the purpose for which it was purchased. 13. Indemnity. Contractor shall indemnify, save harmless and defend the State of Oregon, the Commission, its officers, agents and employees, and the County, its officers, agents and employees from and against any and all claims, lawsuits, or actions for damages, costs, losses and expenses, arising from Contractor torts, as the term tort is defined in ORS 30.260(8). 14. Contract Amendments. The parties may from time to time request amendments to this Contract. All such amendments, which are mutually agreed upon by and between the parties, shall be reduced to writing and by reference incorporated herein. 15. Early Termination. This Contract may be terminated as follows: a. Mutual Consent. County and Contractor, by mutual written agreement, may terminate this Contract at any time. b. Party's Convenience. County or Contractor may terminate this Contract for any reason upon 30 calendar days written notice to the other party. c. For Cause. County may also terminate this Contract effective upon delivery of written notice to the Contractor, or at such later date as may be established by the County, under any of the following conditions: (1) If funding from state or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services as required in this Contract. This Contract may be modified to accommodate the change in available funds. (2) If state laws, regulations or guidelines are modified, changed or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Contract or are no longer eligible for the funding proposed for payments authorized by this Contract. (3) In the event sufficient funds are not appropriated for the payment of consideration required to be paid under this Contract, and if County has no funds legally available for consideration from other sources. (4) If any license or certificate required by law or regulation to be held by the Contractor to provide the services required by this Contract is for any reason denied, revoked, suspended, not renewed or changed in such a way that the Contractor no longer meets requirements for such license or certificate. d. Contractor Default or Breach. The County, by written notice to the Contractor, may immediately terminate the whole or any part of this Contract under any of the following conditions: (1) If the Contractor fails to provide services called for by this Contract within the 10 S:\CCFamilies\Grants\2007-2008\Provider Contracts\Bend Metro Parks.doc time specified or any extension thereof. (2) If the Contractor fails to perform any of the other requirements of this Contract or so fails to pursue the work so as to endanger performance of this Contract in accordance with its terms, and after receipt of written notice from the County specifying such failure, the Contractor fails to correct such failure within 10 calendar days or such other period as the County may authorize. e. County Default or Breach. Contractor may terminate this Contract in the event of breach of this Contract by the County. Prior to such termination, the Contractor shal give to the County written notice of the breach and intent to terminate. If the County has not entirely cured the breach within 10 calendar days of the date of the notice, then the Contractor may terminate this Contract at any time thereafter by giving notice of termination. 16. Payment on Early Termination. Upon termination pursuant to paragraph 15, payment shall be made as follows: a. If terminated under subparagraphs 15 a through 15 c of this Contract, the County shall pay Contractor for work performed prior to the termination date if such work was performed in accordance with the Contract. County shall not, however, pay Contractor for any obligations or liabilities incurred by Contractor after Contractor receives written notice of termination. b. If this Contract is terminated under subparagraph 15 d of this Contract, County obligations shall be limited to payment for services provided in accordance with this Contract prior to the date of termination, less any damages suffered by the County. c. If terminated under subparagraph 15 e of this Contract by the Contractor due to a breach by the County, then the County shall pay the Contractor for work performed prior to the termination date if such work was performed in accordance with the Contract. 17. Remedies. In the event of breach of this Contract the parties shall have the following remedies: a. Termination under subparagraphs 15 a through 15 c of this Contract shall be without prejudice to any obligations or liabilities of either party already reasonably incurred prior to such termination. Contractor may not incur obligations or liabilities after Contractor receives written notice of termination. Additionally, neither party shall be liable for any indirect, incidental, consequential or special damages under this Contract or for any damages of any sort arising solely from the termination of this Contract In accordance with its terms. b. If terminated under subparagraph 15 d. of this Contract by the County due to a breach by the Contractor, County may pursue any remedies available at law or in equity. Such remedies may include, but are not limited to, termination of this Contract, return of all or a portion of this Contract amount, payment of interest earned on this Contract amount, and declaration of ineligibility for the receipt of future contract awards. Additionally, County may complete the work either itself, by contract with another Contractor, or by a combination thereof. If the cost of completing the work exceeds tIie remaining unpaid balance of the total compensation provided under this Contract, then the Contractor shall pay to the County the amount of the reasonable excess. 11 S:\CCFarnilies\Grants\2007-2008\Provider Contracts\Bend Metro Parks.doc c. In addition to the remedies in paragraphs 15 through 17 of this Contract for a breach by the Contractor, the County also shall be entitled to any other equitable and legal remedies that are provided by law. d. If amounts previously paid to Contractor exceed the amount due to Contractor under this Contract, Contractor shall repay any excess to County upon demand. e. If the County breaches this Contract, Contractor's remedy shall be limited to termination of this Contract and receipt of Contract payments to which Contractor is entitled to the date of County's breach. f. Neither County nor Contractor shall be held responsible for delay or default caused by fire, civil unrest, labor unrest, riot, acts of God, or war where such cause was beyond reasonable control of County or Contractor, respectively. Contractor shall, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon the cessation of the cause, diligently pursue performance of its obligations under this Contract. For any delay in performance as a result of the events described in this subparagraph, Contractor shall be entitled to additional reasonable time for performance that shall be set forth in an amendment to this Contract. g. The passage of this Contract expiration date shall not extinguish or prejudice the County's or Contractor's right to enforce this Contract with respect to any default or defect in performance that has not been cured. 18. Contractor's Tender upon Termination. Upon receiving a notice of termination of this Contract, Contractor shall immediately cease all activities under this Contract unless County expressly directs otherwise in such notice of termination. Upon termination of this Contract, Contractor shall deliver to County all documents, information, works -in -progress and other property that are or would be deliverable had this Contract been completed. Upon County's request, Contractor shall surrender to anyone County designates, all documents, research, objects or other tangible things needed to complete the work. 19. No Third Party Beneficiaries. County and Contractor are the only parties to this Contract and are the only parties entitled to enforce its terms. Nothing in this Contract gives or provides any benefit or right, whether directly, indirectly, or otherwise, to third persons unless such third persons are individually identified by name in this Contract and expressly described as intended beneficiaries of this Contract. 20. Successors in Interest. The provisions of this Contract shall be binding upon and inure to the benefit of the parties and their successors and approved assigns, if any. 21. Work Standard. Contractor shall be solely responsible for and shall have control over the means, methods, techniques, sequences and procedures of performing the work, subject to the requirements of this Contract and any amendments thereto and shall be solely responsible for the errors and omissions of its employees, subcontractors and agents. For goods and services to be provided under this Contract, Contractor agrees to: a. perform the work in a good, workmanlike, and timely manner using the schedule, materials, plans and specifications approved by County; b. comply with all applicable legal requirements; c. comply with all programs, directives, and instructions of County relating to safety, 12 S:\CCFamilies\Grants\2007-2008\Provider Contracts\Bend Metro Parks.doc storage of equipment or materials; d. take all precautions necessary to protect the safety of all persons at or near County or Contractor's facilities, including employees of Contractor, County and any other contractors or subcontractors and to protect the work and all other property against damage. 22. Drugs and Alcohol. Contractor shall enforce a zero tolerance as to dealing, possession, or use of drugs or alcohol by Contractor or its employees, subcontractors and agents while performing work under this Contract, and upon request by County. demonstrate that a zero - tolerance drug testing policy is in place. 23. Expense Reimbursement. If the consideration under this Contract provides for the reimbursement of Contractor for expenses, County shall only reimburse Contractor for expenses reasonably and necessarily incurred in the performance of this Contract. Expenses reimbursed shall be at the actual cost incurred, including any taxes paid, and shall not include any mark-up unless the mark-up on expenses is specifically agreed to in this Contract. The cost of any subcontracted work approved in this Contract shall not be marked up. Contractor shall not bill County for any time expended to complete the documents necessary for reimbursement of expenses or for payment under this Contract. 24. Criminal Background Investigations. Contractor understands that Contractor is subject to periodic criminal background investigations by County and, if such investigations disclose criminal activity not disclosed by Contractor, such non -disclosure shall constitute a material breach of this Contract and County may terminate this Contract effective upon delivery of written notice to the Contractor, or at such later date as may be established by the County. 25. Reports. Contractor shall provide County with periodic reports at the frequency and with the information prescribed by County. Further, at anytime, County has the right to demand adequate assurances that the services provided by Contractor shall be in accordance with the Contract. Such assurances provided by Contractor shall be supported by documentation from third parties. 26. Access to Records - Audit. Contractor shall maintain fiscal records and all other records pertinent to this Contract. a. All fiscal records shall be maintained pursuant to generally accepted accounting standards, and other records shall be maintained to the extent necessary to clearly reflect actions taken. All records shall be retained and kept accessible for at least three years following the final payment made under this Contract or all pending matters are closed, which ever is later. If an audit, litigation or other action involving this Contract is started before the end of the three year period, the records shall be retained until all issues arising out of the action are resolved or until the end of the three year pericd, whichever is later. Contractor shall furnish County with its annual audits or reviews that relate in any manner to the funds received under this Contract. b. County, State of Oregon and the Federal Government and their authorized representatives shall have the right to direct access to all of Contractor's books, documents, papers and records related to this Contract for the purpose of conducting audits and examinations and making copies, excerpts and transcripts. These records also include licensed software and any records in electronic form, including but riot limited to computer hard drives, tape backups and other such storage devices. County shall reimburse Contractor for Contractor's cost of preparing copies. At Contractcr's expense, the County, the Secretary of State's Office of the State of Oregon, the 13 S:\CCFamilies\Grants\2007-2008\Provider Contracts\Bend Metro Parks.doc Federal Government, and their duly authorized representatives, shall have license to enter upon Contractor's premises to access and inspect the books, documents, papers, computer software, electronic files and any other records of the Contractor which are directly pertinent to this Contract for the purpose of making audits, examinations, excerpts, copies and transcriptions. c. Contractor shall document the expenditure of all funds received under this Contract. Contractor shall maintain all expenditure records in accordance with generally accepted accounting principles and in sufficient detail to permit County, State of Oregon and the Federal Government to verify how the financial assistance paid under this Contract was expended. 27. Ownership of Work. All work of Contractor that results from this Contract (the "Work Product") is the exclusive property of County. County and Contractor intend that such Work Product be deemed "work made for hire" of which County shall be deemed author. If, for any reason, the Work Product is not deemed "work made for hire," Contractor hereby irrevocably assigns to County all of its right, title, and interest in and to any and all of the Work Product, whether arising from copyright, patent, trademark, trade secret, or any other state or federal intellectual property law or doctrine. Contractor shall execute such further documents and instruments as County may reasonably request in order to fully vest such rights in County. Contractor forever waives any and all rights relating to Work Product, including without limitation, any and all rights arising under 17 USC § 106A or any other rights of identification of authorship or rights of approval, restriction or limitation on use or subsequent modifications. County shall have no rights in any pre-existing work product of Contractor provided to County by Contractor in the performance of this Contract except to copy, use and re -use any such work product for County use only. If this Contract is terminated prior to completion, and the County is not in default, County, in addition to any other rights provided by this Contract, may require the Contractor to transfer and deliver all partially completed work products, reports or documentation that the Contractor has specifically developed or specifically acquired for the performance of this Contract. 28. Materials. At all times, Contractor shall make reasonable efforts to use recycled materials in the performance work required under this Contract. 29. Constraints. Pursuant to the requirements of ORS 2796.220 though 2796.235, as applicable, and Article XI, Section 10, of the Oregon Constitution, the following terms and conditions are made a part of this Contract: a. Contractor shall: (1) Make payments promptly, as due, to all persons supplying to Contractor labor or material for the performance of the work provided for in this Contract; (2) Pay all contributions or amounts due the Industrial Accident Fund from such Contractor or subcontractor incurred in the performance of this Contract; (3) Not permit any lien or claim to be filed or prosecuted against County on account of any labor or material furnished; and (4) Pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. b. If Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to Contractor or a subcontractor by any person in 14 S:\CCFamilies\Grants\2007-2008\Provider Contracts\Bend Metro Parks.doc connection with this Contract as such claim becomes due, the appropriate County representative may pay such claim to the person furnishing the labor or services and charge the amount of the payment against funds due or to become due Contractor by reason of this Contract. c. No person shall be employed for more than ten (10) hours in any one day, or forty (40) hours in any one week, except in cases of necessity, emergency, or where the public policy absolutely requires it, and in such cases, the person so employed for the excessive hours shall receive at least time and one-half pay as follows: (1) For all overtime in excess of eight hours in any one day or 40 hours in any one week, when the work week is five consecutive days, Monday through Friday; or (2) For all overtime in excess of 10 hours in any one day or 40 hours in any one week when the work week is four consecutive days, Monday through Friday, and (3) For all work performed on Saturday and the following legal holidays: • New Year's Day on January 1. • Memorial Day on the last Monday in May. • Independence Day on July 4. • Labor Day on the first Monday in September *Thanksgiving Day on the fourth Thursday in November. • Christmas Day on December 25 • Each Sunday. (4) An employer must give notice in writing to employees who perform work under thps Contract in writing, either at the time of hire or before commencement of work on the Contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that employees may be required to work. Persons employed under this contract shall receive at least time and a half pay for work performed on the legal holidays specified in any applicable collective bargaining agreement or in ORS 279B.020(1)(b)(B) to (G) and for all time worked in excess of 10 hours in any one day or in excess of 40 hours in any one week. d. Contractor shall promptly, as due, make payment to any person, co -partnership, association or corporation furnishing medical, surgical or hospital care or other needed care and attention, incident to sickness or injury to the employees of Contractor, of all sums which Contractor agrees to pay for such services, and all monies and sums which Contractor collected or deducted from the wages of Contractor's employees pursuant to any law, contract or agreement for the purpose of providing or paying for such services. e. This Contract is expressly subject to the debt limitation of Oregon counties set forth in Article XI, Section 10, of the Oregon Constitution, and is contingent upon funds being appropriated therefore. Payment under this Contract is also subject to the County's receipt of funds from the State of Oregon, appropriated for services provided under the direction of the Commission. Any provisions herein, which would conflict with law, are deemed inoperative to that extent. 30. Contractor Not an Agent of County. It is agreed by and between the parties that Contractor is not carrying out a function on behalf of County, and County does not have t'ie right of direction or control of the manner in which Contractor delivers services under this Contract or exercise any control over the activities of Contractor. 15 S:\CCFamilies\Grants\2007-2008\Provider Contracts\Bend Metro Parks.doc 31. Partnership. County is not, by virtue of this Contract, a partner or joint venturer with Contractor in connection with activities carried on under this Contract, and shall have no obligation with respect to Contractor's debts or any other liabilities of each and every nature. 32. Insurance. In conjunction with all services performed under this Contract: a. Contractor shall maintain Commercial General Liability insurance with minimum limits of $500,000 per occurrence / $1,000,000 aggregate and shall furnish an endorsement which names Deschutes County, the Commission on Children and Families, and their officers, agents, employees and volunteers as an additional insured. b. Contractor shall maintain automobile liability insurance, if applicable, of not less than the limits set forth below. Insurance shall provide coverage for any motor vehicle driven during the course of providing services under this Contract. (1) $500,000, combined single limit, or (2) Split limits of $250,000 per person, $500,000 per occurrence, $100,000 property damage. c. All insurance policies shall be written on an occurrence basis and be in effect for the term of this Contract. Authorization from Deschutes County is required for any policy written on a Claims Made basis. d. Proof of Workers Compensation from the Contractor is required prior to the commencement of the Contract. e. Prior to executing this Contract, the Contractor shall provide County the Certificates of Insurance, or copies of Insurance policies and declarations as evidence of meeting insurance required under this paragraph. f. Contractor shall immediately notify County if any insurance coverage required by this Contract will be canceled, not renewed, or modified in any way. g. Thirty -day cancellation notice required on all policies. h. Deschutes County reserves the right to require complete, certified copies of all required insurance policies at any time. 33. Non -Appropriation. In the event sufficient funds shall not be appropriated for the payment of consideration required to be paid under the Contract, and if County has no funds legally available for such consideration from other sources, then County may terminate the Contract in accordance with Section 16c of this Contract. 34. Attorney Fees. In the event an action, suit or proceeding, including appeal there from, is brought for breach of any of the terms of this Contract, or for any controversy arising out of this Contract, each party shall be responsible for its own attorney's fees, expenses, costs and disbursements for said action, suit, proceeding or appeal. 35. Waiver. County's delay in exercising, or failure to exercise any right, power, or privilege under this Contract shall not operate as a waiver thereof, nor shall any single or partial exercise or any right, power, or privilege under this Contract preclude any other or further 16 S:\CCFamilies\Grants\2007-2008\Provider Contracts\Bend Metro Parks.doc exercise thereof or the exercise of any other such right, power, or privilege. The remedies provided herein are cumulative and not exclusive of any rernedies provided by law. 36. Governing Law. This Contract shall be governed by and construed in accordance with the laws of the State of Oregon without regard to principles of conflicts of law. Any claim, action, suit or proceeding (collectively, "Claim") between County and Contractor that arises from or relates to this Contract shall be brought and conducted solely and exclusively within the Circuit Court of Deschutes County for the State of Oregon; provided, however, if a Claire shall be brought in federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. CONTRACTOR, BY EXECUTION OF THIS CONTRACT, HEREBY CONSENTS TO THE IN PERSONAN JURISDICTION OF SAID COURTS. The parties agree that the UN Convention on International Sales of Goods shall not apply. 37. Severability. If any term or provision of this Contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if this Contract did not contain the particular term or provision held invalid. 38. Merger Clause. This Contract and the attached exhibits constitute the entire Contract between the parties. All understandings and agreements between the parties and representations by either party concerning this Contract are contained in this Contract. No waiver, consent, modification or change in the terms of this Contract shall bind either party unless in writing signed by both parties. Any written waiver, consent, modification or change shall be effective only in the specific instance and for the specific purpose given. 39. Anti -discrimination Clause. Contractor agrees that no person shall, on the grounds of race, color, creed, national origin, sex, marital status, or age, suffer discrimination in the performance of this Contract when employed by Contractor. Contractor agrees to comply with Title VI of the Civil Rights Act of 1964, with Section V of the Rehabilitation Act of 1973, and with all applicable requirements of federal and state civil rights and rehabilitaticn statutes, rules and regulations. Additionally, each party shall comply with the Americans with Disabilities Act of 1990 (Pub. L. No. 101-336), ORS 659A.142, and all regulations and administrative rules established pursuant to those laws. Further, Contractor agrees to not discriminate against minority-owned, women -owned or emerging small businesses n awarding subcontracts as required by ORS 279.111. 40. Counterparts. This Contract may be executed in several counterparts, all of which when taken together shall constitute one contract binding on all parties, notwithstanding that all parties are not signatories to the same counterpart. Each copy of this Contract so executed shall constitute an original. 41. Amendments. This Contract may not be waived, altered, modified, supplemented, or amended in any manner except by written instrument signed by both parties. 42. Notice. Except as otherwise expressly provided in this Contract, any communications between the parties hereto or notices to be given hereunder shall be given in writing, to Contractor or County at the address or number set forth below or to such other addresses or numbers as either party may hereafter indicate in writing. Delivery may be by personal delivery, facsimile, or mailing the same, postage prepaid. a. Any communication or notice by personal delivery shall be deemed delivered when actually given to the designated person or representative. 17 S:\CCFamilies\Grants\2007-2008\Provider Contracts\Bend Metro Parks.doc b. Any communication or notice sent by facsimile shall be deemed delivered when the transmitting machine generates receipt of the transmission. To be effective against County, such facsimile transmission shall be confirmed by telephone notice to County's Director of Administrative Services. c. Any communication or notice mailed shall be deemed delivered five (5) days after mailing. Any notice under this Contract shall be mailed by first class postage or delivered as follows: To Contractor: Sue Jorgenson Bend Metro Parks & Recreation District 200 NW Pacific Park Lane Bend, OR 97701 To County: Hillary Saraceno The Commission on Children & Families 1130 NW Harriman, Suite A Bend, OR 97701 43. Survival. All rights and obligations shall cease upon termination or expiration of this Contract, except for the rights and obligations set forth in Sections 16 and 17. Dated this ATTEST: of , 2008 Recording Secretary DATED this day of February, 2008 BOARD OF COUNTY COMMISSIONERS Dennis R. Luke, Chair Deschutes County Board of Commissioners CONTRACTOR: y: ue on Bend Me4o Parks & Recreation District 18 S:\CCFamilies\Grants\2007-2008\Provider Contracts\Bend Metro Parks.doc EXHIBIT A I. Contractor shall meet all performance outcomes as outlined in the attached Work Plan (see Exhibit A attachment). II. Contractor shall adhere to the following performance standards: 1. Community Plan: All programs funded by the Deschutes County Commission on Children & Families support and advance priorities in the 10 -Year Community Plan and the priorities established in the 2007-09 CCF Strategic Plan. Identified priorities will address the specific required outcomes for each area. 2. Target Population: CCF funds are allocated for the purpose of serving children ages 0-17 and their families. 3. Emphasis on Prevention: The majority of CCF resources will be expended on prevention efforts within the community. Although not strictly defined, the intent of the CCF Board is to fund programs with evidence of protective factors (based on the target population) and to address risk factors as far "up -stream" as possible. 4. Evidence -based, Best Practices and Outcome Oriented: Proposals must result in positive change in their outcomes over time. Activities and interim outcomes must directly tie to the designated priority outcomes. Projects/programs must meet the standards for "best practices" as provided in OAR 423-001-006 (3). Best Practices are defined as "research -based or evidence -based" programs, practices and principles that have been shown to reliably produce measurable and sustainable improvements in productivity, efficiency, and/or effectiveness. Applicants are free to use best practices recognized by other reputable sources. Reputable sources include journals or web sites of professional organizations, universities, and state or federal government agencies. 5. Sustainability: Sustainability is critical to the health and viability of local programs helping children and families. All children's programs will be strengthened by taking strategic actions that increase visibility and community awareness, diversify and increase revenue, increase efficiency and contain costs. CCF will continue to take deliberate actions that promote sustainability. These actions include but are not limited to: a. Sustainability - Grantees/contractors will be encouraged to strengthen sustainability through (1) public awareness activities, (2) collaboration, (3) cost saving measures, and/or (4) actions to generate added revenue and / or program volunteers. b. Grant Match - The Grantees/contractors must demonstrate that, by the end of the contract period, at least 25% or $20,000, (whichever is less) of project funds will be in the form of cash. The match must come from sources other than the Commission. The source of match must be included in the budget document. Cash match is defined as funds derived by fundraising activities, grants or any source other than state general fund or Federal Medicaid resources. c. Suggestions for CCF - Children's programs are encouraged to contact the Commission (see web site: deschutes.org/ccf) with suggestions on how we might (1) increase resources for local programs or (2) help agencies reduce costs and increase levels of quality service. 6. Organizational Capacity: Grantees/contractors must have organizational competencies (e.g. an involved governing board and internal controls) and a demonstrated capacity to deliver a quality of service that incorporates best practice standards. 7. Community Responsibility, Collaboration, and Leverage: The community must be involved in any project supported by the Commission. Funding should help generate additional resources (e g. 19 S:\CCFamilies\Grants\2007-2008\Provider Contracts\Bend Metro Parks.doc cash, volunteers, and facilities) from the community. Grantees/contractors must document community involvement as well as their plans to leverage resources. 8. Accessibility of Services: Accommodations must be made to assure that eligible recipients will be able to benefit from available services, regardless of their school, residence or place of employment. Transportation and any physical access barriers will be addressed so that services and activities are truly accessible. 9. Age, Gender, and Cultural Considerations: Contractors are expected to be culturally competent in the delivery of services and assure that they have the capacity to meet the needs of the targeted population. Contractors shall adhere to the requirements as provided in SB555, and prepare and implement a Cultural Competency Plan if required by the Commission. 10. Reporting Requirements: Contractors will be required to submit the Commission on Children & families standardized Reporting Form, Monitoring/Client Statistics, and a Request for Funding on a regular schedule determined at the beginning of the contract period (reporting requirement time lines may vary from the quarterly time line, if approved by the Director at the beginning of the contract period). Reports are due to the Commission by the 15th of the month following the end of the reporting period in which expenses were incurred throughout the life of the contract. Contractors are allowed to submit one late report during the contract period. Subsequent late reporting may result in forfeiture of 10% of their allocated funds for that quarter. If a Contractor is more than 30 days late in submitting required reports, the issue will be brought to the Commission Board and Governing Board for discussion and possible action before any funding is released. A representative from the Contractor's agency will be required to attend. If a Contractor misses the required reporting deadline twice in one contract year, the Contractor must come before the Commission Board and Governing Board and explain why the deadlines were missed. The Commission Board retains the right to discuss and take appropriate action in such matters prior to the release of any funds. Any funds withheld from the Contractor due to late reports will be allocated to Commission's grant fund balance for future distribution. Any grant restrictions or limitations will be taken into account in the future allocation of such dollars. All funds allocated to the grant fund balance will be placed on the Commission's consent agenda for their approval prior to transfer. 13. Community Justice: A portion of the funding through the Commission is related to Juvenile Crime Prevention (JCP) and community justice. JCP work and community justice incorporate crime prevention as well as early intervention. Contractors funded with JCP funds must endorse and support balanced and restorative justice principles. These principles include accountability, community protection, service to crime victims, restoration and competency development. 15. Length of Contract: Contracts will generally be one year in length (generally July 1 - June 30) unless otherwise specified. 20 S:\CCFamilies\Grants\2007-2008\Provider Contracts\Bend Metro Parks.doc 0 \ q \\ k\< R §°B2 ) \) d\ Measurement Tool Girls Summit evaluation \ \ E 0 0 0. 0 } # \ -o • \ ) cn {) •§ \<u £\co sRIZICp «/Q\ co \�\\� § £» E cr= C2o C.) -Z.).0 \)Lf2 \}\ ae§`25 E°aGnE 0 C)) ,a e2°a-1 )/3}\\ -§-c-0 -00 \7,f2 0c 9 Ee0 to o ),> E2 o 2§±E «0-w SACCFamilies\Grants\2007-2000\Provider Workbooks\BMPRD Friendly PEERsuasion Contract \BMPRD Friendly PEERsuasion Workbook.dswp qrt rpt BUDGET Program Name: Friendly PEERsuasion Contract Period: 2/15/08 to 6/30/08 REVENUE - Source Amount CCF $ 5,000.00 52% User Fees/Program Fees $ 1,440.00 15% Other: County General Funds (do not include this proposed grant) Other: Federal Funds Other: Public Funds Other: Private Grants In Kind $ 2,600.00 27% Donations $ 200.00 2% Vounteer Hours (# of hours @ 18.04/hr) $ 360.00 4% Total Revenue $ 9,600.00 100% S:\CCFamilies\Grants\2007-2009\Provider Workbooks\BMPRD Friendly PEERsuasion Contract\BMPRD=riendiy PEERsuasion Workbook.xls BUDGET - Expenses Program Name: Contract Period: Friendly PEERsuasion After School Groups Contract Period: 2/15/08 to 6/30/08 S:\CCFamilies\Grants\2007-2009\Provider Workbooks\BMPRD Friendly PEERsuasion Contract\BMPRD F riendly PEERsuasion Workbook.xls Proposed Expendi- tures from CCF funding Proposed Expenditures from other sources Total Program Cost Administration Cost - Indirect Charges for Program Administration $ - $ 2,300.00 $ 2,300.00 Direct Service Personnel List # of people and FTE for each person 3 Facilitators: 65 hrs x 3 = 195 hrs 195 hrs x $12.00 = $2,340.00 $ 2,340.00 $ 1,440.00 $ 3,780.00 Subcontractors/Consultants $- $ - Materials & Services $ 243.60 $ 243.60 Office Supplies/Expenses $ 1,500.00 $ 500.00 $ 2,000.00 Capital Equipment $- $ - Other (Explain) Transportation: $116.40 = Bend area transportation Statewide Girls Summit: $800.00 $ 916.40 $ 916.40 Volunteer Resources $ - $ 360.00 $ 360.00 TOTAL: $ 5,000.00 $ 4,600.00 $ 9,600.00, S:\CCFamilies\Grants\2007-2009\Provider Workbooks\BMPRD Friendly PEERsuasion Contract\BMPRD F riendly PEERsuasion Workbook.xls Exhibit C Compliance with provisions, requirements.of funding source and Federal and State laws, statutes, rules, regulations, executive orders and policies. Contractor certifies under penalty of perjury that the following statements are true to the best of Contractor's knowledge: 1. If Contractor is currently performing work for the County, State of Oregon or federal government, Contractor by signature to this Contract declares certifies that; Contractor's Work to be performed under this Contract create no potential or actual conflict of interest as defined by ORS 244 and no rules or regulations of Contractor's employee agency (County State or Federal) would prohibit Contractor's Work under this Contract. Contractor is not an "officer," "employee," or "agent" of the County, as those terms are used in ORS 30.265. 2. No federally appropriated funds have been paid or shall be paid, by or on behalf of Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. a. If any funds other than federally appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, Contractor agrees to complete and submit Standard Form -LLL "Disclosure Form to Report Lobbying," in accordance with its instructions. Standard Form -LLL and instructions are located in 45 CFR Part 93 Appendix B. If instructions require filing the form with the applicable federal entity, Contractor shall then as a material condition of this Contract also file a copy of the Standard Form -LLL with the Department. This filing shall occur at the same time as the filing in accordance with the instructions. b. Contractor understands this certification is a material representation of fact upon which the County and the Department has relied in entering into this Contract. Contractor further understands that submission of this certification is a prerequisite, imposed by 31 USC 1352 for entering into this Contract. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. c. Contractor shall include the language of this certification in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. d. Contractor is solely responsible for all liability arising from a failure by Contractor to comply with the terms of this certification. Additionally, Contractor promises to indemnify County for any damages suffered by County as a result of Contractor's failure to comply with the terms of this certification. 3. Contractor understands that, if this Contract involves federally appropriated funds, this certification is a material representation of facts upon which reliance was placed when this Contract was made or entered into, submission of this certification is a prerequisite for make or entering into this Contract imposed by Section 1352, Title 311, U.S. Code and that any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure. Date ACORD CERTIFICATE OF LIABILITY INSURANCE 1/11/20 8 ' PRODUCER (800) 852-6140 FAX: (541) 342-3786 Wilson-Heirgood Associates g 2930 Chad Drive PO Box 1421 Eugene OR 97440-1421 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Bend Metro Park & Recreation District 200 NW .Pacific Park Lane Bend OR 97701 INSURER A: Special Districts Assoc of Oregon. INSURER B: INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POL CIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, tNSR LTR ADD'L JNSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DDM() LIMITS A X GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY 23P12024 1/1/2008 EACH OCCURRENCE $ 500,000 DAMAGETO RENTED PREMMISES (Ea occurrence) $ CLAIMS MADE X OCCUR 1/1/2009 MEDEXP(Anyoneperson) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ AIO Limit PRODUCTS - COMP/OP AGG $ GE X 'L AGGREGATE POLICY LIMIT APPLIES PER: '�P)__ERCT J LOC A X AUTOMOBILE X X X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 23P12024 1/1/2008 COMBINED SINGLE LIMIT (Ea accident) $ 500,000 1/1/2009 BODILY INJURY (Per person) $ BODILY INJURY (Per accident $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ A X EXCESS/UMBRELLA X OCCUR DEDUCTIBLE RETENTION LIABILITY 1 CLAIMS MADE $_ 23P12024 1/1/2008 EACFtOCCURRENCE $ 4 500,000 AGGREGATE $ $ 1/1/2009 $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR'PARTNFP,'EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below WC STATU- TORY LIMITS OTH- ER E.I., EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Deschutes County, the Commission on Children and Families and their officers, agents, employees and volunteers are listed as addtional participant as respects the " Friendly PEERsuasion" Project. CERTIFICATE HOLDER CANCELLATION julie_spackman@co.deschute Deschutes County Commission on Children & Julie Spackman 1130 NW Harriman, Suite A Bend, OR 97701 ACORD 25 (2001/08) INS025 (0108).08a SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KI). D UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Jeffrey Griffin/DMH ©ACORD CORPOFATION 1988 Page 1 of 2 ACORD,M CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 2/7/2008 PRODUCER (800) 852-6140 FAX: (541) 342-3786 Wilson-Heirgood Associates 2930 Chad Drive PO Box 1421 Eugene OR 97440-1421 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Bend Metro Park & Recreation District 200 NW Pacific Park Lane Bend OR 97701 INSURER A: Special Districts Assoc INSURER B: INSURER C: INSURER D: INSURER E'. THE POLICIES REQUIREMENT, THE INSURANCE AGGREGATE OF INSURANCE LISTED BELOW TERM OR CONDITION OF ANY AFFORDED BY THE POLICIES LIMITS SHOWN MAY HAVE BEEN HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. REDUCED BY PAIDCI_AIMS, INSR LTR ADD'L NSRD TYPE OF INSURANCE POLICY NUMBER DATE (MM/DOS} POLICY (MM! DIYY))N LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES (Ea occurrence) $ 1 CLAIMS MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY JECT LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED. AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below 22W12024 7/1/2007 7/1/2008 TORY LIMITS ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1 , 000 000 $ r OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES!EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION julie Spackman@co.deschute Deschutes County Commission on Children & Julie Spackman 1130 NW Harriman, Suite A Bend, OR 97701 ACORD 25(2001/08) Iucn9a fl,ne, no,. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED Bi. FORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOF TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO TH, LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIN 5 UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Tamalyn Fitch/ARJ © ACORD CORPOR 4TION 1988 Penn 1 n1 � Special Districts Association of Oregon Liability Coverage Document Additional Participant Endorsement Named Participant: Bend Metro Park and Recreation District Effective: February 7, 2008 Policy Year: January 1, 2008 to January 1, 2009 Deschutes County, the Commission on Children and Families and their officers, employees and volunteers are listed as Additional Participants as respects the "Friendly REERsuasion" Project but only in regards to claims of negligence where Bend Metro Park and Recreation District is deemed to have liability.