HomeMy WebLinkAboutSOAR Youth Development ProgramDeschutes 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 July 9, 2008
Please see directions for completing this document on the next page.
DATE: July 1, 2008
FROM: Debi Harr CCF 330-4692
TITLE OF AGENDA ITEM:
Consideration and signature of document #2008-318, contract for subgrant of $23,000 with Sisters
Organization for Activities & Recreation (SOAR) for the Youth Development & Leadership program.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
This contract funds a youth development and leadership program for middle school aged youth. The
program is designed to increase opportunities for teens to lead active and healthy lifestyles by helping
them to develop life long skills, and interest in a variety of enrichment and recreation programs. The
youth are also developing leadership skills by participating in a civic life and community service
projects group.
FISCAL IMPLICATIONS:
This contract amount of $23,000 is a Oregon Commission on Children & Families Children Youth and
Families Flexible grant. This contract was included in the 2008/2009 budget.
RECOMMENDATION & ACTION REQUESTED:
Approval and signature of document #2008-318
ATTENDANCE: Robin Marshall
DISTRIBUTION OF DOCUMENTS:
Two originals back to Debi Harr at the Commission on Children & Families, 1130 NW Harriman, Ste
A, Bend, OR 97701.
Date: 6/24/08
DESCHUTES COUNTY CONTRACT SUMMARY
(Department shall complete all sections above Official Review line)
Department Commission on Children & Families
Contractor/Supplier/Consultant name: Sisters Organization for Activities &
Recreation
Contact Person:
Carrie Ward Phone: 549-2091
Goods and/or Services: _Youth Development and Leadership program for middle school aged youth
designed to increase opportunities for teens to lead active and healthy lifestyles by helping them to
develop life long skilss, interestes and skills in a variety of enrichment and recreation programs, and
develop leadership skills by participating on a civic life and community service projects
group.
Background & History: _CCF funded 2007-08
(Continue on back if additional space is required)
Starting Date: 7/1/08
Ending Date: 6/30/09
Annual Value or Total Payment: $23,000
Insurance Certificate Received (check box)
Insurance Expiration Date: 1/1/09
Check all that apply:
X RFP, Solicitation or Bid Process
❑ Informal quotes (<$150K)
❑ Exempt from RFP, Solicitation or Bid Process
❑ (specify — see DCC §2.37)
Funding Source: OCCF Children Youth & Families Flexible grant (Included in current budget?
X Yes ❑ No)
If No, has budget amendment been submitted? ❑ Yes ❑ No
Departmental Contact: Debi Harr, Financial Analyst
Name
Department Director Approved:
Official Review:
County Signature Required (check one): ❑ BOCC ❑ Department Director (if <$25K)
❑ Administrator (if >$25K j t.it <$150K; if >$150K, BOCC Order No. )
Legal Review1:-
Ad)6 = z S'. 4,,,
Document Number 2088-318
Distribution of Document: Return 2 copies to CCF @ 1130 NW Harriman, Ste A, Bend, OR 97701
? REVIEV%D
LEGAL COUNSEL
For Recording Stamp Only
Contract for Subgrant Under
The Deschutes County Commission on Children & Families
Contractor: Sisters Organization for Activities & Recreation
Project: Youth Development & Leadership
Contact: Carrie Ward
Subcontractor(s): Insert if applicable
THIS CONTRACT, made and entered into by and between Deschutes County, a political
subdivision of the State of Oregon, hereinafter called "County," acting by and through the
Commission on Children & Families, hereinafter called "Commission" or "CCF", and Sisters
Organization for Activities & Recreation, an Oregon non-profit corporation, Federal Tax ID #
93-1214147, hereinafter referred to as "Contractor:"
DEFINITIONS
Application - The proposal provided by an applicant agency seeking funding. The application
helps define the service to be purchased and the use of Commission resources. 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 Commission on Children & Families Children Youth & Families grant to
carry out the Project.
Other granting organizations - Any entity providing resources (to the Commission) that are
included in this contract.
The Commission - The Deschutes County Commission on Children & Families.
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� �'a
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. July 1st, 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, 2009.
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 $23,000. 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).
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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 other
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 original
Contract.
a. Any delegation, subcontract, assignment, or transfer without prior written consent of
County shall constitute a material breach of this Contract.
b. Any such assignment or transfer, if approved, is subject to such conditions 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 an}
amount owing hereunder for performance during the previous three months. Paymen•
shall be made quarterly based on an equal, quarterly payment amount. Payment wil
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 o•
quarters contained in the contract period.
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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.
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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 the
beginning of the contract period). Significant variance in performance, defined as a
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.
I. 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 printe 1
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 nct
through published materials or the media. Significant issues or concerns should be
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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 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 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 279B.220, 279B.230 and 2798.235„ 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.
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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 1990
(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 audit
requirements under the Single Audit Act Amendments of 1996 and OMB Circular A-
133, Revised, "Audits of Institutions of Higher Education, and Other Non -Profit
Organizations."
h. Unless exempted under the rules, regulations, and relevant orders of the Secretary )f
Labor set forth in 41 CFR Part 60, all provisions of (1) Title VI of the Civil Rights A:t
of 1964 (codified at 42 USC 2000d et. seq.), (2) Section 504 of the Rehabilitation A:t
of 1973 (codified at 29 USC 794) as implemented by 45 CFR Section 84.4, (3) z II
applicable rules, regulations and orders of the Secretary of Labor concerning equ al
opportunity in employment, and (4) the provisions of ORS Chapter 659.
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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.
j. 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 less than $10,000 and not more than $100,000
for each such failure.
Contractor shall require this certification from all recipients of Grant funds by
including it in and requiring that it be included in all contracts pursuant to which
Grant funds are paid.
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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 in
Department of Labor regulations (41 CFR Part 60). OMB Circular A - 102, Revised.
o. Contractor shall comply with the Pro -Children Act of 1995 (codified at 20 USC § 6081
et. seq.).
P•
q.
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.
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 cr
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 cr
required.
11. Unauthorized Expenditures. Any funds expended for unauthorized purposes shall to
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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
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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 a
breach of this Contract by the County. Prior to such termination, the Contractor shall
give to the County written notice of the breach and intent to terminate. If the County
has not entirely cured the breach within 10 calendar days of the date of the notice,
then the Contractor may terminate this Contract at any time thereafter by giving
notice of termination.
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, Tess any damages suffered by the County.
c. If terminated under subparagraph 15 e of this Contract by the Contractor due to a
breach by the County, then the County shall pay the Contractor for work performed
prior to the termination date if such work was performed in accordance with the
Contract.
17. Remedies. In the event of breach of this Contract the parties shall have the following
remedies:
a. Termination under subparagraphs 15 a through 15 c of this Contract shall be without
prejudice to any obligations or liabilities of either party already reasonably incurred
prior to such termination. Contractor may not incur obligations or liabilities after
Contractor receives written notice of termination. Additionally, neither party shall be
liable for any indirect, incidental, consequential or special damages under this Contract
or for any damages of any sort arising solely from the termination of this Contract in
accordance with its terms.
b. If terminated under subparagraph 15 d. of this Contract by the County due to a breach
by the Contractor, County may pursue any remedies available at law or in equity. Such
remedies may include, but are not limited to, termination of this Contract, return of all
or a portion of this Contract amount, payment of interest earned on this Contract
amount, and declaration of ineligibility for the receipt of future contract award .
Additionally, County may complete the work either itself, by contract with anoth€ r
Contractor, or by a combination thereof. If the cost of completing the work exceeds the
remaining unpaid balance of the total compensation provided under this Contract, then
the Contractor shall pay to the County the amount of the reasonable excess.
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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 describedin
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,
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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.
a. Contractor understands that Contractor is subject to periodic criminal background
investigations by County and, if such investigations disclose criminal activity not
disclosed by Contractor, such non -disclosure shall constitute a material breach of this
Contract and County may terminate this Contract effective upon delivery of written
notice to the Contractor, or at such later date as may be established by the County.
b. Contractor shall take reasonable precautions to assure that Contractor's and its
subcontractors' employees and agents do not present a substantial risk of harm to
children who receive services from contractor or its subcontractors. Such precautions
should, if practical, include inquiries through the Sheriff's office or the Oregon State
Police about criminal convictions for child abuse, any sexual offense, child neglect or
any other offense against persons which is indicative of harm to children. No one who
has demononstrated behavior that may have a detrimental effect on a child shall have
access to children.
25. Reports. Contractor shall provide County with periodic reports at the frequency and with the
information prescribed by County. Further, at anytime, County has the right to demand
adequate assurances that the services provided by Contractor shall be in accordance with the
Contract. Such assurances provided by Contractor shall be supported by documentation from
third parties.
26. Access to Records - Audit. Contractor shall maintain fiscal records and all other records
pertinent to this Contract.
a. All fiscal records shall be maintained pursuant to generally accepted accounting
standards, and other records shall be maintained to the extent necessary to clearly
reflect actions taken. All records shall be retained and kept accessible for at least three
years following the final payment made under this Contract or all pending matters are
closed, which ever is later. If an audit, litigation or other action involving this Contract
is started before the end of the three year period, the records shall be retained until all
issues arising out of the action are resolved or until the end of the three year period,
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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 not
limited to computer hard drives, tape backups and other such storage devices. County
shall reimburse Contractor for Contractor's cost of preparing copies. At Contractor's
expense, the County, the Secretary of State's Office of the State of Oregon, the
Federal 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 279B.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;
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(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
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 this
Contract in writing, either at the time of hire or before commencement of work on
the Contract, or by posting a notice in a location frequented by employees, of the
number of hours per day and days per week that employees may be required to
work. Persons employed under this contract shall receive at least time and a half
pay for work performed on the legal holidays specified 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 needtd
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 whi:h
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 su:h
services.
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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 the
right of direction or control of the manner in which Contractor delivers services under this
Contract or exercise any control over the activities of Contractor.
31. Partnership. County is not, by virtue of this Contract, a partner or joint venturer with
Contractor in connection with activities carried on under this Contract, and shall have no
obligation with respect to Contractor's debts or any other liabilities of each and every nature.
32. Insurance. In conjunction with all services performed under this Contract:
a. Contractor shall maintain Commercial General Liability insurance with minimum limits
of $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
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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
exercise thereof or the exercise of any other such right, power, or privilege. The remedies
provided herein are cumulative and not exclusive of any remedies provided by law.
36. Governing Law. This Contract shall be governed by and construed in accordance with the
laws of the State of Oregon without regard to principles of conflicts of law. Any claim, 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 Claim
shall be brought in federal forum, then it shall be brought and conducted solely and
exclusively within the United States District Court for the District of Oregon. CONTRACTOR,
BY EXECUTION OF THIS CONTRACT, HEREBY CONSENTS TO THE IN PERSONAM
JURISDICTION OF SAID COURTS. The parties agree that the UN Convention on International
Sales of Goods shall not apply.
37. Severability. If any term or provision of this Contract is declared by a court of competent
jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and
provisions shall not be affected, and the rights and obligations of the parties shall be
construed and enforced as if this Contract did not contain the particular term or provision
held invalid.
38. Merger Clause. This Contract and the attached exhibits constitute the entire Contract
between the parties. All understandings and agreements between the parties and
representations by either party concerning this Contract are contained in this Contract. No
waiver, consent, modification or change in the terms of this Contract shall bind either party
unless in writing signed by both parties. Any written waiver, consent, modification or change
shall be effective only in the specific instance and for the specific purpose given.
39. 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 rehabilitation
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 in
awarding subcontracts as required by ORS 279.111.
40. Counterparts. This Contract may be executed in several counterparts, all of which ween
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.
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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.
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:
Carrie Ward
Sisters Organization for Activities
Recreation
P.O. Box 2215
Sisters, OR 97759
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
2
Recording Secretary
DATED this Day of 2008.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
DENNIS R. LUKE, Chair
TAMMY (BANEY) MELTON, Commissioner
MICHAEL M. DALY, Commissioner
ATTEST:
Recording Secretary
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CONTRACTOR:
DATED this day of June 2008
Carrie Ward
Sisters Organization for Activities & Recreation
feizAa�
c<ti\ DAVE KANNER, COUNTY A INISTRATOR
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EXHIBIT A
I. Contractor shall meet all performance outcomes as outlined in the attached Work Plan (see
Exhibit A attachment).
11. 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 t)
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 o;
service that incorporates best practice standards.
7. Community Responsibility, Collaboration, and Leverage: The community must be involved
any project supported by the Commission. Funding should help generate additional resources (e.g
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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.
11. 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.
12. Length of Contract: Contracts will generally be one year in length (generally July 1 - June 30)
unless otherwise specified.
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S:\CCFamilies\Grants12007-20091Provider Workbooks12008-09 Original Provider WorkbooksUulie\SOAR Original 08-09 Workbook.xlswp qrt rpt REVISED 6
BUDGET
Program Name: SOAR/Youth Development & Leadership
Contract Period: 7/1/08 to 6/30/09
Exhibit B
REVENUE - Source
Amount
%
Amount Requested from CCF in this proposal
$ 23,000.00
35
User Fees/Program Fees
$ 6,500.00
10
Other: County General Funds (do not include this proposed grant)
Other: Federal Funds
Other: Public Funds
Sisters School District ( $1,000) SOAR ($5,000)
$ 6,000.00
9
Other: Private Grants
Kiwanis Club of Sisters
$ 1,500.00
19
Sister School Foundation
$ 1,000.00
Juan Young Trust
$ 5,000.00
Templeton Foundation
$ 5,000.00
In Kind
$16,200.00
25
Donations
$ 1,000.00
1
Vounteer Hours (# of hours @ 18.04/hr)
$ 500.00
1
Total Revenue
$ 65,700.00
100
S:\CCFamilies\Grants\2007-2009\Provider Workbooks\2008-09 Original Provider Workbooks\Julie\SOAR Origiial
08-09 Workbook.xls
BUDGET - Expenses Exhibit B cont'd
Program Name:
Contract Period:
SOAR/Youth Development & Leadership
7/1/08 to 6/30/09
S:\CCFamilies\Grants\2007-2009\Provider Workbooks\2008-09 Original Provider Workbooks\Julie\SOAR Orig;nal
08-09 Workbook,xls
Proposed Expendi-
tures from CCF
funding requested in
this proposal
Proposed
Expenditures
from other sources
Total Program Cost
Administration Cost-
Indirect Charges for
Program Administration
$
1,800.00
$ 1,800.00
Direct Service Personnel
List # of people and
FTE for each person
1 FTE Program coordinator
Part time leaders
$
23,000.00
$
$
11,900.00
7,100.00
$
$ 34,900.00
$ 7,100.00
$
$ -
$ -
Subcontrators/Consultants
$ -
Materials & Services
$
6,750.00
$ 6,750.00
Office Supplies/Expenses
$
1,450.00
$ 1,450.00
Capital Equipment
$ -
Other (Explain)
$ -
Transportation
$
2,700.00
$ 2,700.00
Facilities
$
10,500.00
$ 10,500.00
Volunteer Resources
$
500.00
$ 500.00
TOTAL:
$
23,000.00
$
42,700.00
$ 65,700.00
S:\CCFamilies\Grants\2007-2009\Provider Workbooks\2008-09 Original Provider Workbooks\Julie\SOAR Orig;nal
08-09 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 Tess
an $10,000 and • ore than $100,000 for each failure.
Ad" I1kIko.._•
ontractor Signature
Date
Jun. 19. 2008 2:39PM
No. 2115 P. 1
ACORD„,
CERTIFICATE OF LIABILITY INSURANCE
14A/2i200B
OF INFORMATION
THE CERTIFICATE
AMEND, EXTEND OR
POLICIES BELOW.
PRODUCER (541) 549-3172, Fax (541) 549-9374
E'uZlhart Insurance of Sisters
220' S. Pine St Suite 201.
P.O. Box 1890
Sisters OR 97759
THIS CERTIFICATE IS ISSUED AS A MATTER
AND CONFERS NO RIGHTS UPON
HOLDER,
HOLDER, THIS CERTIFICATE DOES NOT
ALTER THE COVERAGE AFFORDED BY THE
INSURERS AFFORDING COVERAGE
NAIC #
INSURED
S . O . A. R .
P.O. Box 2215
Sisters
OR
97759
INSURER A: Special Districts Ins
INSURER B:
INSURER C:
INSURER 0:
INSURERS:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWTHSTANDINO 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 POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.
AGGREGATE LIMITS SIJQWN MAY HAVE BEEN REDU_CEQ BY PAID CLAIMSPOLiCY , p
INSR I/M I TYPE OF INSURANCE POLICY NUMBER DATE (MM DOT IVE PDATE (MMIDDnrY1N
LTR INBRb
LIMITS
GENERAL LIABILITY
X
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE X OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY Fl JFCT P LOC
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
x
X
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
23P12980-174
01/01/2008
01/01/2009
Fnr•Ji OUR
�RCTCRENCE
PRFMIRFRQFeE encel $ 0
MED EXP (k r_oneperson) I 0
.ERSONAL&ApVINJURY $
OENPRALAGGREGATE d
PRODUCTS - COMP/OP AGG 9
0
500,000
none
23P12980-174
01/01/200e
01/01/2009
COMBINED 8INGLE LIMIT
(Es accident)
500,000
BODILY INJURY
(Per person)
BODILY INJURY
(Per accident)
PROPERTY DAMAGE
(Per accident)
GARAGE LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT
s
OTHER THAN EA ACC
AUTO ONLY;
AGO
8
EXCESSIUMBRELLA LIABILITY
Xi OCCUR
DEDUCTIBLE
RETENTION S
CLAIMS MADE
23P12980-174
01/01/2008
01/01/2009
EACH OrCVERFNO6
AGGREGATE
5,000,000
t none
A
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/ExECUTIVE
OFFICER/MEMBER EXCLUDED?
If yes, deacribe under
SPECIAL PROVISIONS below
23w12900-40
07/01/2008
07/01/2009
E.L. EACH ACCIDENT
•
E.L. DISEASE,- EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
b
OTHER
DESCRIPTION OF OPERATIONBILOCATIONSNEHICLESIEXCLVSIONB ADDED BY ENDDRSEMENT/SPECIAL PROVISIONS
Deschutes County ,The Commission on Children & Families, and their offioere, agents, employees, and volunteers are
additional participants. Certificate Holder provides grant funding for youth programs.
CERTIFICATE HOLDER
CANCELLATION
Deschutes County Commission on Children &
Families
1130 N.W. Harriman Street, Ste. A
Bend, OR 97701
SHOULD ANY OF THE A90VE DESCRIBED POLICIES BE CANCELLED BEI ORE THE
EXPIRATION DATE THEREOF, THE f66U1N0 INSURER WILL ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE _EFT, BUT
FAILURE TO DO 60 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND JPON THE
INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHOq REPRES NTATIVE
tiff
ACORD 26 (2001109)
®ACORD CORPORATION 19136
. Jul. 23. 2008 2:58PM No. 2165 P. 2
SPECIAL Olrfidcre
Assoa4T[ON OP 011P600
Special Districts Association of Oregon
Liability Coverage Document
Additional Participant Endorsement
Deschutes County, The Commission on Children and Families, and their
officers, agents, employees, and volunteers are Additional Participants in
regards the grant funding program for youth volunteers, but only with respect
to negligence claims where the Named Participant is deemed to have liability.
Sisters Organization for Activities & Recreation
Named Participant
Commission on Children and Families
Additional Participant
Tuesday, January 01, 2008
Effective Date
1/1/2008 through 1/1/2009
Coverage Period
23P12980-174
Policy Number
4/4/2008