HomeMy WebLinkAboutJuv Accountability Block Grant AwardDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of August 6, 2008
Please see directions for completing this document on the next page.
DATE: July 25, 2008
FROM: Deevy Holcomb Juvenile Community Justice 322-7644
TITLE OF AGENDA ITEM:
Review and Signature of Deschutes Doc #2008-435 - Juvenile Accountability Block Grant Award
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
Each fiscal year, Juvenile Community Justice completes application for use of the formula
JABG funds. This year we applied and were awarded funds for Functional Family Therapy for
youth who are re-entering the community after participating in the Juvenile 30 -Day Detention
Program. Funds will be used to support four youth receiving FFT. The award amount is
$11,111. The Board of County Commissioners reviewed and approved the application for this
award in May. The JABG program requires a signature from the Chair of the Board of County
Commissioners, so we request legal review and Board Chair signature of the Award
(Deschutes County Document #2008-435) as part of the consent agenda at the August 6t'
2008 Board Meeting.
FISCAL IMPLICATIONS:
Yes. The award amount has been included in the FY 08/09 Budget.
RECOMMENDATION & ACTION REQUESTED:
Review and signature by the Chair of the Board of County Commissioners - as consent item on the
agenda.
ATTENDANCE: If not a consent item; Director Ken Hales.
DISTRIBUTION OF DOCUMENTS:
Original signed documents back to Deevy Holcomb, Juvenile Community Justice.
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:
4/30/08
Contact Person:
Please complete all sections above the Official Review line.
Deevy Holcomb
Department:
Contractor/Supplier/Consultant Name:
N/AI
Juvenile Community Justice
Phone #:
322-7644
Goods and/or Services: Grant Application for Formula Juvenile Accountability Block
Grant (JABG) for 2008-09
Background & History: Each fiscal year, Juvenile Community Justice completes
application for use of the formula JABG funds. This year we are applying to use funds
for Functional Family Therapy for youth who are re-entering the community after
participating in the Juvenile 30 -Day Detention Program. Funds will be used to support
four youth receiving FFT. The award amount is $11,111. The JABG program requires a
signature from the Chair of the Board of County Commissioners, so we request review
and signature of the application as either regular or consent agenda item at the May 7th
Board Meeting.
Agreement Starting Date:
07/01/2008
Annual Value or Total Payment:
$11,111
Ending Date:
6/30/09
❑ Insurance Certificate Received (check box)
Insurance Expiration Date: N/AJ
Check all that apply:
❑ RFP, Solicitation or Bid Process
❑ Informal quotes (<$150K)
❑ Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37)
Funding Source: (Included in current budget? ® Yes ❑ No
If No, has budget amendment been submitted? ❑ Yes ❑ No
Departmental Contact:
Title:
Deevy Holcomb
Management Analyst
Phone #:
Department Director Approval:
Signature
322-7644
Date
Distribution of Document: Include complete information if document is to be mailed.
Official Review:
7/25/2008
County Signature Required (check one): ❑ BOCC ❑ Department Director (if <$25K)
El Administrator (if >$25K but <$150K; if >$150K, BOCC Order No.
Legal Review Date
Document Number
)
7/24/2008
JUVENILE ACCOUNTABILITY BLOCK GRANT- CFDA # 16.523
GRANT AWARD, CONDITIONS AND CERTIFICATIONS
PROJECT TITLE: Deschutes County Functional Family
Therapy Program
GRANTEE: Deschutes County
ADDRESS: 1300 Wall Street, Bend, OR 97701
PROGRAM CONTACT: Ms. Deevy Holcomb
FISCAL CONTACT: Ms. Colleen Shearer
GRANT NO:
2007 AWARD:
AWARD PERIOD:
TELEPHONE:
FAX:
TELEPHONE:
#2007-6345
$11,111
07/01/08 - 06/30/09
(541) 322-7644
(541) 383-0165
(541) 322-7643
APPROVED PROJECT BUDGET
REVENUE
Federal Juvenile Accountability Block Grant Funds
$11,111
Matching Funds
TOTAL REVENUE: $12,222
EXPENDITURES
Personnel and Fringe Benefits
$11,666
Travel/Training/Conferences
$
Equipment
$
Supplies
$
Rent and Utilities
$
Contractual Services
$
Grant Administration / Indirect
$556
Other Costs
$
TOTAL EXPENDITURES: $12,222
This document along with the attached terms and conditions, the grant application, and any other document referenced,
constitutes an agreement between the Oregon Commission on Children and Families (OCCF) and the Grantee. No war er,
consent, modification or change of terms of this agreement shall be binding unless agreed to in writing and signed by both :he
Grantee and OCCF. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and For
the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified hei in
regarding this agreement. The Grantee, by signature of its authorized representative, hereby acknowledges that he/she has read
this agreement, understands it, and agrees to be bound by its terms and conditions (including all references to other documents).
Failure to comply with this agreement and with applicable state and federal rules and guidelines may result in the withholding of
reimbursement, the termination or suspension of the agreement, denial of future grants, and/or damages to OCCF.
Page 1-2007JF3G
TERMS AND CONDITIONS
I. CONDITIONS OF AWARD
A. The Grantee agrees to operate the program as described in the application and to expend funds in accordance
with the approved budget unless the Grantee receives prior written approval by OCCF to modify the program
or budget. OCCF may withhold funds for any expenditure not within the approved budget or in excess of
amounts approved by OCCF. Failure of the Grantee to operate the program in accordance with the written
agreed upon objectives contained in the grant application and budget will be grounds for immediate suspension
and/or termination of the grant agreement.
B. The Grantee agrees that grant dollars may be moved between approved budget categories up to ten percent of
the total grant amount provided there is no change in project scope and grant funds for administration do not
exceed five percent. The OCCF must provide prior written approval before cumulative changes exceed ten
percent.
C. The Grantee agrees that the following statement shall be included in all reports, contract procurement
documents, and subcontracts funded in whole, or in part, with this grant:
"This project is supported by a Juvenile Accountability Block Grant awarded by the U.S. Department of Justis. e,
Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention to the State of Oregon
Commission on Children and Families."
D. Maintenance, Retention and Access to Records; Audits.
1. Maintenance and Retention of Records. The Grantee agrees to maintain accounting and financial records
in accordance with Generally Accepted Accounting Principles (GAAP) and the standards of the Office of
the Comptroller set forth in the March 2005 Office of Justice Programs (OJP) Financial Guide, including
without limitation in accordance with Office of Management and Budget (OMB)Circulars A-87, A-102,
A-122, A-128, A-133. All financial records, supporting documents, statistical records and all other records
pertinent to this grant or agreements under this grant shall be retained by the Grantee for a minimum of
five years for purposes of State of Oregon or Federal examination and audit. It is the responsibility of the
Grantee to obtain a copy of the OJP Financial Guide from the Office of the Comptroller and apprise
itself of all rules and regulations set forth.
2. Accestto Records. OCCF, Oregon Secretary of State, the Office of the Comptroller, the General
Accounting Office (GAO) or any of their authorized representatives, shall have the right of access to ani -
pertinent books, documents, papers, or other records of Grantee and any contractors or subcontractors
of Grantee, which are pertinent to the grant, in order to make audits, examinations, excerpts, and
transcripts. The right of access is not limited to the required retention period but shall last as long as the
records are retained.
3. Audits. If Grantee expends $500,000 or more in Federal funds (from all sources) in its fiscal year, Grantee
shall have a single organization -wide audit conducted in accordance with the provisions of OMB Circulai
A-133. Copies of all audits must be submitted to OCCF within 30 days of completion. If Grantee
expends less than $500,000 in its fiscal year in Federal funds, Grantee is exempt from Federal audit
requirements for that year. Records must be available for review or audit by appropriate officials as
provided in Section I.D.1 herein.
4. Audit Costs. Audit costs for audits not required in accordance with OMB Circular A-133 are
unallowable. If Grantee did not expend $500,000 or more in Federal funds in its fiscal year, but
contracted with a certified public accountant to perform an audit, costs for performance of that audit
shall not be charged to the grant.
E. Funding.
1. Matching Funds. The Grantee acknowledges by accepting grant funds that all reported program
match is in the form of a cash match and not in-kind or other federal funds. The Grantee
acknowledges that all rules that apply to grant funds apply to match funds. Grant and match funds must
be used only for JABG funded programs during the grant period to support the goals, objectives and
Page 2 — 2007 JABG
activities as identified in the grant application. Match funds cannot be used to support activities that are
not concurrently supported by JABG grant funds. The Grantee certifies that match funds required to pay
the non -Federal portion of the program shall be in addition to funds that would otherwise be made
available to fund programs within the JABG grant guidelines.
2. Supplanting. The Grantee certifies that federal funds will not be used to supplant state or local funds, hut
will be used to increase the amount of funds that, in the absence of federal aid, would be made available
to the Grantee to fund programs consistent with JABG grant guidelines.
F. Reports. Failure of the Grantee to submit the required financial, program or audit reports, or to
resolve financial, program, or audit issues may result in the suspension of grant payments and/or
termination of the grant agreement.
1. Progress Reports. The Grantee agrees to submit a report each quarter on its progress in meeting each of
its agreed upon goals and objectives, Reports must be received no later than 45 days following the end
of each calendar quarter. Any progress report that is outstanding for more than one month past
the due date may cause the suspension and/or termination of the grant. Grantee must receive
prior written approval from OCCF to extend a progress report requirement past its due date.
2. Financial Reimbursement Reports.
a. In order to receive reimbursement, the Grantee agrees to submit the original signed Request for
Reimbursement (RFR). Supporting documentation to substantiate claimed expenses must be kept (pn
file at the program's office for a minimum of 3 years after the close of the grant period. RFRs must
be received no later than 45 days following the end of the calendar quarter. Reimbursements for
expenses will be withheld if progress reports are not submitted by the specified dates or are
incomplete. Any RFR that is outstanding for more than one month past the due date may
cause the suspension and/or termination of the grant. Grantee must receive prior written
approval from OCCF to extend an RFR requitement past its due date.
b. Reimbursement rates for travel expenses shall not exceed those allowed by the State of Oregon.
Requests for reimbursement for travel must be supported with a detailed statement identifying the
person who traveled, the purpose of the travel, the tunes, dates, and places of travel, and the actual
expenses or authorized rates incurred.
c. Reimbursements will only be made for actual expenses incurred during the grant period. The
Grantee agrees that no grant funds may be used for expenses incurred before July 1, 2008 or after
June 30, 2009.
d. Grantee shall be accountable for and shall repay any overpayment, audit disallowances or any other
breach of grant that results in a debt owed to the Federal Government. OCCF shall apply interest,
penalties, and administrative costs to a delinquent debt owed by a debtor pursuant to the Federal
Claims Collection Standards and OMB Circular A-129.
3. Audit Reports. Grantee shall provide OCCF copies of all audit reports pertaining to this Grant
Agreement obtained by Grantee, whether or not the audit is required by OMB Circular A-133.
F. Indemnification. The Grantee shall, to the extent permitted by the Oregon Constitution and by the Oregon
Tort Claims Act, defend, save, hold harmless, and indemnify the State of Oregon and OCCF, their officers,
employees, agents, and members from all claims, suits and actions of whatsoever nature resulting from or arising
out of the activities of Grantee, its officers, employees, subcontractors, or agents under this grant.
Grantee shall require any of its contractors or subcontractors to defend, save, hold harmless and indemnify the
State of Oregon, Oregon Commission on Children and Families, their officers, employees, agents, and members,
from all claims, suits or actions of whatsoever nature resulting from or arising out of the activities of
subcontractor under or pursuant to this grant.
Grantee shall, if liability insurance is required of any of its contractors or subcontractors, also require such
contractors or subcontractors to provide that the State of Oregon, Oregon Commission on Children and
Page 3 — 2007 JABG
Families, and their officers, employees and members are Additional Insureds, but only with respect to the
contractor's or subcontractor's services performed under this grant.
G. Copyright and Patents.
1. Copyright. If this agreement or any program funded by this agreement results in a copyright, the O( CF
and the Office of Justice Programs reserve a royalty -free, nonexclusive and irrevocable license to
reproduce, publish or otherwise use, and to authorize others to use, for government purposes, the work
or the copyright to any work developed under this agreement and any rights of copyright to which
Grantee, or its contractor or subcontractor, purchases ownership with grant support.
2. Patent. If this agreement or any program funded by this agreement results in the production of
patentable items, patent rights, processes, or inventions, the Grantee or any of its contractors or
subcontractors shall immediately notify OCCF. The OCCF will provide the Grantee with further
instruction on whether protection on the item will be sought and how the rights in the item will be
allocated and administered in order to protect the public interest, in accordance with federal guidelines.
H. No Implied Waiver Cumulative Remedies. The failure of Grantor to exercise, and any delay in exercising any
right, power, or privilege under this Agreement shall not operate as a waiver thereof, nor shall any single or
partial exercise of any right, power, or privilege under this Agreement preclude any other or further exercise
thereof or the exercise of any other such right, power, or privilege. The remedies provided herein are
cumulative and not exclusive of any remedies provided by law.
I.
J.
Governing Law Venue- Consent to Jurisdiction. This Agreement shall be governed by and construed in
accordance with the laws of the State of Oregon without regard to principles of conflicts of law. Any claim,
action, suit, or proceeding (collectively, "Claim") between Grantor (and/or any other agency or department of
the State of Oregon) and Grantee that arises from or relates to this Agreement shall be brought and conducted
solely and exclusively within the Circuit Court for the State of Oregon; provided, however, if the Claim must be
brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United
States District Court for the District of Oregon. Grantee, By Execution Of This Agreement, Hereby
Consents To The In Personam Jurisdiction Of Said Courts.
Notices. Except as otherwise expressly provided in this Section, any communications between the parties hereto
or notice to be given hereunder shall be given in writing by personal delivery, facsimile, or mailing the same l,y
registered or certified mail, postage prepaid to Grantee or Grantor at the address or number set forth on page 1
of this Agreement, or to such other addresses or numbers as either party may hereafter indicate pursuant to this
section. Any communication or notice so addressed and sent by registered or certified mail shall be deemed
delivered upon receipt or refusal of receipt. Any communication or notice delivered by facsimile shall be
deemed to be given when receipt of the transmission is generated by the transmitting machine. Any
communication or notice by personal delivery shall be deemed to be given when actually delivered. The parties
also may communicate by telephone, regular mail or other means, but such communications shall not be
deemed Notices under this Section unless receipt by the other party is expressly acknowledged in writing by the
receiving party.
K. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of Grantor, Grantee.
and their respective successors and assigns, except that Grantee may not assign or transfer its rights or
obligations hereunder or any interest herein without the prior consent in writing of Grantor.
L.
Survival. All provisions of this Agreement set forth in the following sections shall survive termination of thi
Agreement: Section I.0 (Maintenance, Retention and Access to Records; Audits); Section I.E (Reports); and
Section I.F (indemnification).
M. Severability. If any term or provision of this Agreement is declared by a court of competent jurisdiction to bN
illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and
the rights and obligations of the parties shall be construed and enforced as if this Agreement did not contain he
particular term or provision held to be invalid.
N. Relationship of Parties. The parties agree and acknowledge that their relationship is that of independent
contracting parties and neither party hereto shall be deemed an agent, partner, joint venturer or related entity )f
the other by reason of this Agreement.
Page 4 — 2007 J ( BG
II. Grantee Compliance and Certifications
A. Debarment, Suspension, Ineligibility and Voluntary Exclusion. The Grantee certifies by accepting grant funds
that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible,
nor voluntarily excluded from participation in this transaction by any Federal department or agency. (This
certification is required by regulations published May 26, 1988, implementing Executive Order 12549,
Debarment and Suspension, 28 CFR Part 69 and 28 CFR Part 67.)
Standard Assurances and Certifications Re. ardin_ Lobb in.. The Anti -Lobbying Act, 18 U.S.C. § 1913, was
amended to expand significantly the restriction on use of appropriated funding for lobbying. This expansion also
makes the anti -lobbying restrictions enforceable via large civil penalties, with civil fines between $10,000 and
$100,000 per each individual occurrence of lobbying activity. These restrictions are in addition to the anti -
lobbying and lobbying disclosure restrictions imposed by 31 U.S.C. § 1352. The Office of Management and
Budget (OMB) is currently in the process of amending the OMB cost circulars and the common rule (codified at
28 C.F.R. part 69 for DOJ grantees) to reflect these modifications. However, in the interest of full disclosure, Al
applicants must understand that no federally -appropriated funding made available under this grant program m iy
be used, either directly or indirectly, to support the enactment, repeal, modification or adoption of any law,
regulation, or policy, at any level of government, without the express approval of the U.S. Department of
Justice. Any violation of this prohibition is subject to a minimum $10,000 fine for each occurrence. This
prohibition applies to all activity, even if currently allowed within the parameters of the existing OMB circular,.
C. Compliance with Applicable Law. The Grantee agrees to comply with all applicable laws, regulations, and
guidelines of the State of Oregon, the Federal Government and OCCF in the performance of this agreement,
including but not limited to:
1. Financial and administrative requirements set forth in the current edition of the Office of Justice
Programs (OJP) Financial Guide.
2. The provisions of 28 CFR applicable to grants and cooperative agreements including Part 18,
Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentialit v
of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Operating Policies;
Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Non-
Discrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for
Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland
Protection Procedures, and Federal laws or regulations applicable to Federal assistance programs.
3. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646).
4. Section 102(a) of the Flood Disaster Protection Act of 1973, P.L. 93-234, 87 Stat.97, approved December
31, 1976.
5. Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive
Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.)
6. National Environmental Policy Act of 1969, 42 USC 4321 et seq.
7. Flood Disaster Protection Act of 1973, 42 USC 4001 et seq.
8. Clean Air Act, 42 USC 7401 et seq.
9. Clean Water Act, 33 USC 1368 et seq.
10. Federal Water Pollution Control Act of 1948, as amended, 33 USC 1251 et seq.
11. Safe Drinking Water Act of 1974, 42 USC 300f et seq.
12. Endangered Species Act of 1973, 16 USC 1531 et seq.
13. Wild and Scenic Rivers Act of 1968, as amended, 16 USC 1271 et seq.
14. Historical and Archaeological Data Preservation Act of 1960, as amended, 16 USC 469 et seq.
15. Coastal Zone Management Act of 1972, 16 USC 1451 et seq.
16. Coastal Barrier Resources Act of 1982, 16 USC 3501 et seq.
17. Indian Self -Determination Act, 25 USC 450f.
Page 5 — 2007 JABG
18. Hatch Political Activity Act of 1940, as amended, 5 USC 1501 et seq.
19. Animal Welfare Act of 1970, 7 USC 2131 et seq.
20. Demonstration Cities and Metropolitan Development Act of 1966, 42 USC 3301 et seq.
21. Federal Fair Labor Standards Act of 1938 (as appropriate), as amended, 29 USC 201 et seq.
D. Certification of Non-discrimination.
The Grantee, and all its contractors and subcontractors, certifies that no person shall be excluded from
participation in, denied the benefits of, subjected to discrimination under, or denied employment in
connection with any activity funded under this agreement on the basis of race, color, age, religion,
national origin, handicap, or gender. The Grantee, and all its contractors and subcontractors, assures
compliance with the following laws:
a. Non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as
amended;
b. Title IV of the Civil Rights Act of 1964, as amended;
c. Section 504 of the Rehabilitation Act of 1973, as amended;
d. Title II of the Americans with Disabilities Act (ADA) of 1990,
e. Title IX of the Education Amendments of 1972;
f. The Age Discrimination Act of 1975;
g. The Department of Justice Nondiscrimination Regulations 28 CFR Part 42, Subparts C, D, E, and
G;
h. The Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39.
2. In the event that a Federal or State court or administrative agency makes a finding of discrimination after
a due process hearing on the grounds of race, color, age, religion, national origin, handicap or gender
against the Grantee or any of its contractors or subcontractors, the Grantee or any of its contractors or
subcontractors will forward a copy of the fording to the Oregon Commission on Children and Families
(OCCF). OCCF will forward a copy of the fording to the Office for Civil Rights, Office of Justice
Programs.
E. Civil Rights Compliance. All recipients of federal grant funds are required, and Grantee agrees, to comply with
nondiscrimination requirements of Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 5 2000d et
seq. (prohibiting discrimination in programs or activities on the basis of race, color, and national origin);
Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 U.S.C. 53789d(c)(1) (prohibiting
discrimination in employment practices or in programs and activities on the basis of race, color, religion,
national origin, and gender); Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. g 794 et seq. (prohibiting
discrimination in employment practices or in programs and activities on the basis of disability); Title II of the
Americans with Disabilities Act of 1990, 42 U.S.C. g 12131 (prohibiting discrimination in services, programs,
and activities on the basis of disability); The Age Discrimination Act of 1975, 42 U.S.C. g 6101-07 (prohibiting
discrimination in programs and activities on the basis of age); and Title IX of the Education Amendments of
1972, 20 U.S.0 5 1681 et seq. (prohibiting discrimination in educational programs or activities on the basis of
gender).
The Grantee agrees that the person in its agency or unit of government who is responsible for reporting civil
rights findings of discrimination will submit a copy of any findings made within the last three years prior to the
grant award and findings made during the project period to the federal Office for Civil Rights, Office of Justice
Programs, U.S. Department of Justice.
Page 6 — 2007 J ABC
F. Equal Employment Opportunity Program. If the Grantee, or any of its contractors or subcontractors, has 50 or
more employees, is receiving more than $25,000 pursuant to this agreement, and has a service population with a
minority representation of three percent or more, the Grantee, or any of its contractors or subcontractors,
agrees to formulate, implement and maintain an equal employment opportunity program relating to employment
practices affecting minority persons and women. If the Grantee, or any of its contractors or subcontractors, has
50 or more employees, is receiving more than $25,000 pursuant to this agreement, and has a service population
with a minority representation of less than three percent, the Grantee or any of its contractors or subcontractors,
agrees to formulate, implement and maintain an equal employment opportunity program relating to its practices
affecting women. The Grantee, and any of its contractors and subcontractors, certifies that an equal
employment opportunity program as required by this section will be m effect on or before the effective date of
this agreement. Any Grantee, and any of its contractors or subcontractors, receiving more than $500,000, either
through this agreement or in aggregate grant funds in any fiscal year, shall in addition submit a copy of its equal
employment opportunity plan at the same time as the application submission, with the understanding that the
application for funds may not be awarded prior to approval of the Grantee's, or any of its contractors or
subcontractors, equal employment opportunity program by the Office for Civil Rights, Office of Justice
Programs, Office of Juvenile Justice and Delinquency Prevention.
If required to formulate an Equal Employment Opportunity Program (EEOP), the Grantee must maintain a
current copy on file which meets the applicable requirements.
G. Services to Limited English Proficient (LEP) Persons. Recipients of federal financial assistance are required to
take reasonable steps to provide meaningful access to their programs and activities for persons with limited
English proficiency (LEP). For more information on the civil rights responsibilities that grantees have in
providing language services to LEP individuals, please see the website at http://www.lcp.gov.
H. ment of Justice Grant Program i.
1. Prior to obligating grant funds, Grantee agrees to first determine if any of the following activities will be
related to the use of the grant funds. Grantee understands that this special condition applies to its
following new activities whether or not they are being specifically funded with these grant funds. That
as long as the activity is being conducted by the Grantee, a contractor, subcontractor or any third party
and the activity needs to be undertaken in order to use these grant funds, this special condition must first
be met. The activities covered by this special condition are:
a. new construction;
b. minor renovation or remodeling of a property either (a) listed on or eligible for listing on the
National Register of Historic Places or (b) located within a 100 -year floodplain;
c. a renovation, lease, or any other proposed use of a building or facility that will either (a) result in a
change in its basic prior use or (b) significantly change its size; and
d. implementation of a new program involving the use of chemicals other than chemicals that are (a)
purchased as an incidental component of a funded activity and (b) traditionally used, for example, in
office, household, recreational, or educational environments.
2. Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the
Grantee's or its contractors' or subcontractors' existing programs or activities that will be funded by these
grant funds, the Grantee, upon specific request from the Office of Juvenile Justice and Delinquency
Prevention, agrees to cooperate with the Office of Juvenile Justice and Delinquency Prevention in any
preparation by the Office of Juvenile Justice and Delinquency Prevention of a national or program
environmental assessment of that funded program or activity.
I. Certification Regarding Drug Free Workplace Requirements. Grantee certifies that it will provide a drug-free
workplace by:
Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession or use of a controlled substance is prohibited in the Grantee's workplace and specifying the
actions that will be taken against employees for violation of such prohibition;
2. Establishing a drug-free awareness program to inform employees about:
a. The dangers of drug abuse in the workplace;
b. The Grantee's policy of maintaining a drug-free workplace;
c. Any available drug counseling, rehabilitation, and employee assistance programs; and
Page 7 — 2007 JABG
d. The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace.
3. Requiring that each employee engaged in the performance of the grant be given a copy of the employer's
statement required by paragraph (a).
4. Notifying the employee that, as a condition of employment under the award, the employee will:
a. Abide by the terms of the statement; and
b. Notify the employer of any criminal drug statute conviction for a violation occurring in the
workplace not later that five days after such conviction.
5. Notifying the Grantee within ten days after receiving notice from an employee or otherwise receiving
actual notice of such conviction.
6. Taking one of the following actions, within 30 days of receiving notice, with respect to any employee who
is so convicted:
a. Taking appropriate personnel action against such an employee, up to and including termination; or
b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitauon
program approved for such purposes by federal, state, or local health, law enforcement, or of ger
appropriate agency.
7. Making a good faith effort to continue to maintain a drug-free workplace.
III. Suspension or Termination of Funding
The Oregon Commission on Children and Families may suspend funding in whole or in part, terminate funding, or
impose another sanction on a JABG recipient for any of the following reasons:
A. Failure to comply substantially with the requirements or statutory objectives of the Juvenile Accountability Block
Grant guidelines issued thereunder, or other provisions of federal law.
B. Failure to make satisfactory progress toward the goals and objectives set forth in the application.
C.
Failure to adhere to the requirements of the grant award and standard or special conditions.
D. Proposing or implementing substantial plan changes to the extent that, if originally submitted, the application
would not have been selected.
E. Failing to comply substantially with any other applicable federal or state statute, regulation, or guideline.
Before imposing sanctions, the Oregon Commission on Children and Families will provide reasonable notice to the
Grantee of its intent to impose sanctions and will attempt to resolve the problem informally.
Page 8 — 2007) ABC
IV. Grantee Representations and Warranties
Grantee represents and warrants to Grantor as follows:
A. Existence and Power. Grantee has full power and authority to transact the business in which it is engaged and
full power, authority, and legal right to execute and deliver this Agreement and incur and perform its obligations
hereunder.
B. Authority, No Contravention. The making and performance by Grantee of this Agreement (a) have been duly
authorized by all necessary action of Grantee, (b) do not and will not violate any provision of any applicable aw,
rule, or regulation or order of any court, regulatory commission, board or other administrative agency or any
provision of Grantee's articles of incorporation or bylaws and (c) do not and will not result in the breach oi, or
constitute a default or require any consent under any other agreement or instrument to which Grantee is a party
or by which Grantee or any of its properties are bound or affected.
C. Binding Obligation. This Agreement has been duly authorized, executed and delivered on behalf of Grantee and
constitutes the legal, valid, and binding obligation of Grantee, enforceable in accordance with its terms.
D. Approvals. No authorization, consent, license, approval of, filing or registration with, or notification to, any
governmental body or regulatory or supervisory authority is required for the execution, delivery or performance
by Grantee of this Agreement.
Marsha Clark, Director of Operations
Oregon Commission on Children and Families
530 Center Street NE, Suite 405
Salem, OR 97301
(503) 373-1283
Date
Signature of Authorized Grantee Official Date
Dennis Luke, Chair Board of County Commissioners
Name/Title
Page 9 — 2007