HomeMy WebLinkAboutDoc 564 - Criminal Fine Acct Grant Agrmt - DADESCHUTES 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 retumed to
the Depar1ment. 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.)
Please complete all sections above the Official Review line.
Date: lSeptember 27. 201~ Department: IDistrict Attorne~
Contractor/Su lier/Consultant Name: IDepartment of Justice -Crime Victimsj
Services Division
Contractor Contact: IKrista Andersonl Contractor Phone #: k503}37Sj
1517ij
Type of Document: Grant Agreement
Goods and/or Services: This CFAAlUA grant funds most of the Victims' Assistance
Director position (also referred to as Program Coordinator) salary and benefits for the
period July 1, 2013 through June 30, 2015.
Background & History: ORS 147.227 states that the Attorney General shall disburse
a portion of the moneys from the Criminal Fines and Assessment Account to counties
and cities where prosecuting attorneys maintain Victims' Assistance Programs to be
used exclusively for the Victims' Assistance Program.
The mission of the Deschutes County District Attorney's Victims' Assistance Program is
"To involve crime victims and the community in a restorative process that diminishes the
devastating impact of crime", This grant has assisted in enabling the Victims
Assistance Program (VAP) to provide opportunities for victims to have more
meaningful partiCipation in the criminal justice system process. The Program also
utilizes volunteers which are trained and monitored by staff that are funded by the grant.
Agreement Starting Date: Quly1. 201 ~ Ending Date: Rune 30, 201 §
Annual Value or Total Payment: ~197.13ij
D Insurance Certificate Receiied (cleck box)
Insurance Expiration Date:
Check all that apply:
D RFP, Solicitation or Bid Process
D Informal quotes «$150K)
L8J Exempt from RFP, Solicitation or Bid Process (specify -see DCC §2.37)
Funding Source: (Included in current budget? L8J Yes 0 No
If No, has budget amendment been submitted? DYes D No
9/27/2013
Dflte
Is this a Grant Agreement providing revenue to the County? [2S/ Yes D No
Special conditions attached to this grant: As stated in Exhibit "E".
Deadlines for reporting to the grantor: Quarterly Financial reports due no later than 30
days after the end of the calendar quarters ending December 31, March 31, and
September 30, and no later than July 20 for the calendar ending June 30. Semi-annual
performance reports are due no later than 30 days after the end of the calendar
quarters ending March 31, and September 30.
If a new FTE will be hired with grant funds, confirm that Personnel has been notified that
it is a grant-funded position so that this will be noted in the offer letter: DYes D No
Contact information for the person responsible for grant compliance:
Name: Diane Stecher
Phone#:t317318§ 'ThQv\.JL.Sk~
Departmental Contact and Title:
Phone #: 317-3186
Department Director Approv
Distribution of Document: Please return all originals to Diane Stecher at the District
Attorneys office, 1164 NW Bond Street, Bend OR 97701
Official Review:
County Signature Required (check one): 0 BOCC 0 Department Director (if <$25K)
o Administrator (if >$25K but <$150K; if >$150K, SOCC Order No. ____-I)
Legal Review Date
Document Number 2013-564
9127/2013
MARY H. WILLIAMSELLEN F. ROSENBLUM\ Deputy Attorney General Attorney General
j
DEPARTMENT OF JUSTICE
CRIME VICTIMS' SERVICES DIVISION
MEMORANDUM
DATE: September 16, 2013
TO: 2013-2015 Criminal Fine Account Grant Recipients
FROM: Krista Anderson, Grant Specialist
Crime Victims' Services Division
Attached is your agency's 2013-2015 Criminal Fine Account Grant Agreement. Please download
the entire document and have your authorized official sign the signature page of the Grant
Agreement and return the entire original grant agreement to the address below no later than
September 23, 2013:
Oregon Department of Justice
Crime Victims' Services Division
Attn: Krista Anderson
1162 Court Street NE
Salem, OR 97301-4096
Once the Grant Agreement is signed, change the application status in CVSD E-Grants to
"Application Accepted".
When the Grant Agreement has been received by CVSD, a copy of the document signed by both
your authorized official and CVSD Director Shannon Sivell will be uploaded to E-Grants and the
status of your application will be changed to "Grant Awarded." You will find the uploaded copy
of your grant agreement under the "Agreement Upload" form on the Forms Menu of your
application. Additionally, once the application has been changed to "Grant Awarded" status
CVSD will be sending out the first payment of the fiscal year.
If you have any questions regarding this agreement, please feel free to contact your Fund
Coordinator.
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ELLEN F. ROSENBLUM MARY H. WILLIAMS
Attorney General Deputy Auorney General
DEPARTMENT OF JUSTICE
CRIME VICTIMS' SERVICES DIVISION
CRIMINAL FINE ACCOUNT
GRANT A WARD COVER SHEET
2. Special Conditions: 1. Applicant Agency's Name and Address:
This grant project is approved subject to such
District Attorney's Office
Deschutes County, acting by and through its
conditions or limitations as set forth in the attached
1164 NW Bond St. Grant Agreement.
Bend, Oregon 97701-1913
3. Statutory Authority for Grant:
Contact Name: Ms. Diane Stecher
Telephone: (541) 317-3186
ORS 147.227 and OAR 137-078-0000
Fax: (541) 330-4698
E-mail: diane.stecher@dcda.us
5. Award Date:4. A ward Number:
July 1, 2013CFA-2013-DeschutesCo.DA V AP-00018
6. Grantee Tax Identification Number: 7. Project Period:
93-6002292 July 1, 2013 June 30,2015
8. Financial Report Due Dates: 9. Total Grant Award Amount:
FY 2013-2014 CFA: $ 98,569.00
October 31, 2013 October 31, 201 4
FY 2014-2015 CFA: $ 98,569.00
January 31, 2013 January 31,2014
Carry Over: $ 0.00
April 30,2014 April 30, 2015
Total: $197,138.00
July 20,2014 July 20, 2015 (final)
10. CFA Annual Report:
July 20,2014
July 20, 2015 (final)
This award is contingent upon the contractor agreeing to the terms of award for the grant entitled "Criminal Fine
Account Grant". The grant agreement document must be signed by an authorized official in order to validate the
acceptance of this award.
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REVIE'vVED
OREGON DEPARTMENT OF JUSTICE
CRIMINAL FINE ACCOUNT (CFA) GRANT AWARD AGREEMENT
2013·2015 CFA GRANT AGREEMENT
CFA·2013·DESCHUTESCo.DA VAP·00018
BETWEEN: State of Oregon, acting by and through (Grantor)
its Department of Justice,
1162 Court St. NE
Salem, Oregon 97301-4096
Facsimile Number: (503) 378-5738
AND: Deschutes County, acting by and through (Grantee)
its District Attorney Office
1164 NW Bond St.
Bend, Oregon 97701-1913
Facsimile Number: (541) 330-4698
PROJECT START DATE: July 1, 2013
GRANT AWARD PROVISIONS
SECTION 1
LEGAL BASIS OF AWARD
Section 1.01. Legal Basis of Award. Pursuant to ORS 137.288, a monetary obligation is imposed upon a
convicted person. Those obligations are deposited into the Criminal Fine Account, and pursuant to
147.227 (1), Grantor is authorized to enter into a Grant Agreement and to make an award, from funds
received from the Criminal Fine Account, to Grantee for the purposes set forth herein.
Section 1.02. Agreement Parties. This Intergovernmental Agreement, hereafter referred to as Agreement,
is between Grantor and the forenamed Grantee.
Section 1.03. Effective Date. This Agreement will become effective on the date when all required
signatures have been obtained, including any necessary approvals.
Section 1.04. Agreement Documents. This Agreement consists of the following documents which are
listed in descending order of precedence: this Agreement (except Exhibits and documents which are
incorporated herein), 2013 CFA Grant Management Handbook
(http://www.doj.state.or.us/victims/pdf/cfa~anLmanagemenLhandbook.pdf), 2013-2015 Criminal Fine
Account Request for Application ("CFA Application"), 2013-2015 Criminal Fine Account Request for
Application ("CFA Application"), Grantee's Application (as defined in Section 2.01), and Exhibit A. In
the event of a conflict between two or more of the documents comprising this Agreement, the language in
the document with the highest precedence shall control.
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DC -20 1 3 - 5 b 4
TERMS AND CONDITIONS
SECTION 2
GRANT AWARD
Section 2.01. Grant. In accordance with the terms and conditions of this Agreement, Grantor shall
provide Grantee with 2013-2015 CFA funding in the amount of $ 98,569.00 for year one, and $ 98,569.00
for year two; and carryover in the amount of $ 0.00 for a maximum award of $197,138.00 (the "Grant")
from the Criminal Fine Account to financially support and assist Grantee's implementation of the
following from the Grantee's 2013-2015 Criminal Fine Account Request for Application ("Grantee
Application"), 1) Common Goal, Outputs, and Outcome Measures and, if appropriate, Optional Goals,
Outputs, and Outcomes Measures (From C of the CFA Application); 2) Policies and Procedures Narrative
(Form D of the CFA Application); and 3) the budget forms (Form G-J of the CFA Application, the
"Budget"), all of which are incorporated herein by this reference and collectively referred to herein as the
"Project" .
Section 2.02. Grant Award. In accordance with the terms and conditions of this Agreement, Grantee shall
implement the CFA as described in the Project.
Section 2.03. Disbursement of Grant Money. Subject to Sections 2.04, 2.05 and 2.06, Grantor shall
periodically disburse the Grant money to Grantee. The first installment in the amount of $ 24,642.25
shall be disbursed as soon as practicable after this Agreement is fully executed by all necessary parties
and all required approvals, if any, obtained. Thereafter the Grant shall be disbursed in amounts to be
determined by Grantor on or about each following October 31, January 31 and April 30 until the earlier of
(i) the entire Grant amount has been disbursed, (ii) the Availability Termination Date as defined below or
(ii) this Agreement terminates as provided herein.
Section 2.04. Conditions Precedent to Each Disbursement. Grantor's obligation to disburse Grant money
to Grantee pursuant to Section 2.03 is subject to satisfaction, with respect to each disbursement, of each of
the following conditions precedent:
(a) Money is available in the Criminal Fine Account to finance the disbursement;
(b) Grantor has received sufficient funding, appropriations, limitations, allotments, or and other
expenditure authorizations to allow Grantor, in the reasonable exercise of its administrative
discretion, to make the disbursement;
(c) Grantee is current in all reporting requirements of all active or prior CFA (previously referred to
as Unitary Assessment or UA) grants including, but not limited to:
(i) Grantor has received from Grantee a quarterly financial report (as described in Section 5.04)
appropriately describing the expenses for the reporting period;
(ii) Grantor has received from Grantee the completed CFA Annual Report (as described in the
most recent version of the CFA Grant Management Handbook);
(d) No default as described in Section 6.03 has occurred; and
(e) Grantee's representations and warranties set forth in Section 4 are true and correct on the date of
disbursement with the same effect as though made on the date of disbursement.
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Section 2.05. Grant Agreement Conditions. If Grantee fails to satisfy any of the following conditions,
Grantor may withhold disbursement:
"None at this time."
Section 2.06. Grant Availability Termination. The availability of Grant money under this Agreement and
Grantor's obligation to disburse Grant money pursuant to Section 2.03 shall end on June 30, 2015 (the
"Availability Termination Date"). Grantor will not disburse any Grant money after the Availability
Termination Date. Unless extended or terminated earlier in accordance with its terms, this Agreement
shall terminate when Grantor accepts Grantee's completed reports or on June 30, 2015, whichever date
occurs last. Agreement termination shall not extinguish or prejudice Grantor's right to enforce this
Agreement with respect to any default by Grantee that has not been cured.
SECTION 3
USES OF GRANT
Section 3.01. Eligible Uses of Grant. Grantee's use of the Grant money is limited to those expenditures
necessary to implement the Project and as described in OAR 137-078-0041 (1) and in the most recent
version of the CFA Grant Management Handbook. Furthermore, Grantee's expenditure of Grant money
must be in accordance with its Project budget and narrative (the "Budget") set forth in the Grantee's
Application.
Section 3.02. Ineligible Uses of Grant. Notwithstanding Section 3.01, Grantee shall not use the Grant
money for any of the following purposes:
(a) CFA Unallowable Costs as set forth in OAR 137-078-0041 (2) and in the most recent version
of the CFA Grant Management Handbook;
(b) To retire any debt, to reimburse any person or entity for expenditures made or expenses
incurred prior to the date of this Agreement; and
(c) Any other purpose not authorized by this Agreement.
Section 3.03. Unexpended Grant Money. If any Grant money disbursed to Grantee, or any interest
earned by Grantee on the Grant money, are not expended by Grantee in accordance with this Agreement
by the earlier of the Availability Termination Date or the date this Agreement is terminated, then at
Grantor's discretion: (i) Grantee may retain a portion or all of such money in accord with an explanation
satisfactory to Grantor as to why the Grant money was not expended and how it will be incorporated into
the new fiscal year Program or used in a subsequent grant award, or (ii) some or all of the unexpended
Grant money shall be returned to Grantor. Grantee may, at its option, satisfy its obligation to return
unexpended funds under this Section 3.03 by paying to Grantor the amount of unexpended funds or
permitting Grantor to recover the amount of the unexpended funds from future payments to Grantee from
Grantor.
SECTION 4
GRANTEE'S REPRESENTATIONS AND WARRANTIES
Grantee represents and warrants to Grantor as follows:
Section 4.01. Existence and Power. Grantee is a political subdivision of the State of Oregon duly
organized, validly existing, and in good standing under the laws of Oregon. Grantee has full power and
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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.
Section 4.02. Authority, No Contravention. The making and performance by Grantee of this Agreement
(a) have been duly authorized by all necessary action of Grantee, (b) do not and will not violate any
provision of any applicable law, rule, or regulation or order of any court, regulatory commission, board or
other administrative agency, or any provision of Grantee's charter or other organizational document and
(c) do not and will not result in the breach of, or constitute a default or require any consent under any
other agreement or instrument to which Grantee is a party or by which Grantee or any of its properties are
bound or affected.
Section 4.03. 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.
Section 4.04. 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.
SECTIONS
GRANTEE'S AGREEMENTS
Section 5.01. Project Commencement. Grantee shall cause the Project to be operational no later than 60
days from the Project Start Date. If the Project is not operational by that date, Grantee must submit a
letter to Grantor describing steps taken to initiate the Project, reasons for delay, and the expected Project
Start date. If the Project is not operational within 90 days of the date of this Agreement, the Grantee must
submit a second letter explaining the additional delay in implementation. The Grantor may, after
reviewing the circumstances, consider the Grantee in default in accordance with Section 6.03 and may
terminate the Agreement in accordance with Sections 6.02.
Section 5.02. Project Completion. Grantee shall complete the Project no later than the Availability
Termination Date provided, however, that if the full amount of the Grant is not available because one or
both of the conditions set forth in Sections 2.04(a) and (b) are not satisfied, Grantee shall not be required
to complete the Project.
Section 5.03. Training Re<;Juirements.
(a) Grantee shall comply with the training requirements for CFA funded staff. Grantee shall make
provisions to attend the State Victim Advocate Academy training. Grantee shall notify the
Department of Justice, Crime Victims' Services Division as to when this requirement is
completed by updating the Staff Roster in E-Grants.
(b) Grantee shall attend all appropriate CVSD-sponsored training unless specific written permission
excusing attendance has been obtained from Oregon Department of Justice/CVSD.
Section 5.04. Reporting Requirements. Grantee shall submit the following reports as described in the
most recent version of the CF A Grant Management Handbook:
(a) Quarterly Financial Reports. No later than 30 days after the end of the calendar quarters ending,
September 30, December 31, March 31, and no later than July 20 for the calendar quarters ending
June 30, Grantee shall submit through CVSD E-Grants to Grantor quarterly financial reports.
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(b) Annual Reports. Grantee shall prepare and submit through CVSD E-Grants to Grantor Annual
Reports no later than 20 days after the end of the annual grant reporting periods. The Annual
Reports will be for the period from the effective date of this Agreement through June 30, 2014;
and from July 1, 2014 through the Availability Termination Date, June 30, 201S. The Annual
Report includes a Narrative Report; Common and Optional Goals, Outputs, and Outcomes
Report; and Statistical Report.
Section S.05. Procurement Standards. Grantee shall follow the same policies and procedures it uses for
procurement from any other State or federal funds. Grantees shall use their own procurement procedures
and regulations, provided that the procurement conforms to applicable Federal and State law and
standards.
Section S.06. Confidentiality. In order to ensure the safety of adult, youth, and child victims of domestic
violence, dating violence, sexual assault, or stalking, Grantee shall protect the confidentiality and privacy
of persons receiving services. Grantee shall not disclose any personally identifying information or
individual information collected in connection with services requested, utilized, or denied through
Grantee's programs; or reveal individual client information without the informed, written, reasonably
time-limited consent of the person (or in the case of an un-emancipated minor, the minor and the parent or
guardian or in the case of persons with disabilities, the guardian) about whom information is sought,
whether for this program or any other Federal, State, tribal, or territorial grant program, except that
consent for release may not be given by the abuser of the minor, person with disabilities, or the abuser of
the other parent of the minor.
If release of information described in the previous paragraph is compelled by statutory or court mandate,
Grantee shall make reasonable attempts to provide notice to victims affected by the disclosure of
information; and Grantee shall take steps necessary to protect the privacy and safety of the persons
affected by the release of the information.
Grantee may share (I) non-personally identifying data in the aggregate regarding services to their clients
and non-personally identifying information in order to comply with Federal, State, tribal, or territorial
reporting, evaluation, or data collection requirements; (2) court-generated information and law
enforcement generated information contained in secure, governmental registries for protection order
enforcement purposes; and (3) law-enforcement and prosecution-generated information necessary for law
enforcement and prosecution purposes.
The term "personally identifying information", "individual information", or "personal information"
means individually identifying information for or about an individual victim of domestic violence, dating
violence, sexual assault, or stalking, including (1) a first and last name; (2) a home or other physical
address; (3) contact information (including a postal, e-mail or Internet protocol address, or telephone or
facsimile number); (4) a social security number; and (S) any other information, including date of birth,
racial or ethnic background, or religious affiliation, that, in combination with any other non-personally
identifying information would serve to identify any individual.
Grantee shall notify Grantor promptly after receiving a request for information regarding a recipient of
services funded with Grant money.
Section 5.07. Criminal History Verification. Grantee shall obtain a criminal history record check on any
employee, potential employee or volunteer working with victims of crime as follows:
(a) By having the applicant as a condition of employment or volunteer service, apply for and receive
a criminal history check from a local Oregon State Police Office and furnish a copy thereof to
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Grantee; or
(b) As the employer, by contacting a local Oregon State Police office for an "Oregon only" criminal
history check on the applicant/employee/volunteer; or
(c) By use of another method of criminal history verification that is at least as comprehensive as
those described in sections (a) and (b) above.
A criminal record check will indicate convictions of child abuse, offenses against persons, sexual
offenses, child neglect, or any other offense bearing a substantial relation to the qualifications, functions
or duties of an employee or volunteer scheduled to work with victims of crime.
Grantee shall develop a policy or procedures to review criminal arrests or convictions of employees,
potential employees or volunteers. The review will examine: (1) the severity and nature of the crime; (2)
the number of criminal offenses; (3) the time elapsed since commission of the crime; (4) the
circumstances surrounding the crime; (5) the subject individual's participation in counseling, therapy,
education or employment evidencing rehabilitation or a change in behavior; and (6) the police or arrest
report confirming the subject individual's explanation of the crime.
Grantee shall determine after receiving the criminal history check whether the employee, potential
employee or volunteer has been convicted of one of the crimes described in this Section, and whether
based upon the conviction the person poses a risk to working safely with victims of crime. If Grantee
intends to hire or retain the employee, potential employee or volunteer, Grantee shall confirm in writing
the reasons for hiring or retaining the individual. These reasons shall address how the applicant/
employee/volunteer is presently suitable or able to work with victims of crime in a safe and trustworthy
manner, based on the policy or procedure described in the preceding paragraph of this Section. Grantee
will place this explanation, along with the applicant/employee/ volunteer's criminal history check, in the
employee/volunteer personnel file for permanent retention.
Section 5.08. Maintenance, Retention and Access to Records.
(a) Maintenance and Retention of Records. Grantee agrees to maintain accounting and financial
records in accordance with Generally Accepted Accounting Principles (GAAP) and ensure that
the funds are not commingled with funds from any other source. All records and documents must
be adequately stored and protected from fire, electronic disclosure, and other damage by the
Grantee. 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 six (6) years following the termination or expiration of this Agreement (OAR 166
300-0015, 0025) for purposes of State of Oregon examination and audit provided, however, that
if there are any audit issue, dispute, claim or litigation relating to this Agreement or the Award,
Grantee shall retain and keep accessible the books of account and records until the audit issue,
dispute, claim or litigation has been finally concluded or resolved.
(b) Access to Records. Oregon Department of Justice/CVSD, the Secretary of State of the State of
Oregon, and their duly authorized representatives shall have the right of access to any pertinent
books, documents, papers, or other records of Grantee and any contractors or subcontractors of
Grantee, which are pertinent to the grant, in order to make audits, examinations, excerpts, and
transcripts. The right of access is not limited to the required retention period but shall last as long
as the records are retained.
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Section 5.09. Compliance with Laws. Grantee shall comply with (and when required cause its
subgrantees to comply with) all applicable federal, state, and local laws, regulations, executive orders and
ordinances related to expenditure of the Grant money and the activities financed with the Grant money.
Without limiting the generality of the foregoing, Grantee expressly agrees to comply with:
(a) Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.c. § 2000d et seq. (prohibiting
discrimination in programs or activities on the basis of race, color, and national origin) and the
Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 U.S.c. §3789d(c)(l)
(prohibiting discrimination in employment practices or in programs and activities on the basis of
race, color, religion, national origin, age, disability, and sex in the delivery of services).
0) These laws prohibit discrimination on the basis of race, color, religion, national origin, age,
disability, and sex in the delivery of services.
(ii) In the event a federal or state court, or a federal or state administrative agency, makes a
finding of discrimination after a due process hearing on the grounds of race, color, national
origin, sex, age, or disability against the Grantee, forward a copy of the finding to the Oregon
Department of Justice, CVSD, 1162 Court Street N.B., Salem, OR 97301-4096 and the Office
for Civil Rights, OJP, U.S.D.OJ. 810 7th Street N.W., Washington D.C. 20531.
(b) Section 504 of the Rehabilitation Act of 1973, 29 U.s.c. § 794 et. Seq. (prohibiting
discrimination in employment practices or in programs and activities on the basis of disability).
(c) Title II of the Americans with Disabilities Act of 1990,42 U.s.C. § 12131 and ORS 659.425
(prohibiting discrimination in services, programs, and activities on the basis of disability), the
Age Discrimination Act of 1975, 42 U.s.c. § 6101-07 (prohibiting discrimination in programs
and activities on the basis of age); and Title IX of the Education Amendments of 1972, 20
U.S.c. § 1681 et. seq. (prohibiting discrimination in educational programs or activities on the
basis of gender); as well as all other applicable requirements of federal and state civil rights and
rehabilitation statutes, rules and regulations. These laws prohibit discrimination on the basis of
race, color, religion, national origin and sex in the delivery of services. In the event a federal or
state court, or a federal or state administrative agency, makes a finding of discrimination after a
due process hearing on the grounds of race, color, national origin, sex, age, or disability, against
the state, forward a copy of the finding to the Oregon Department of Justice, Crime Victims'
Services Division, 1162 Court Street N.B., Salem, Oregon 97301-4096.
(d) Services to Limited English-Proficient Persons (LEP) which includes national ongm
discrimination on the basis of limited English proficiency. Subgrantees are required to take
reasonable steps to ensure that LEP persons have meaningful access to their programs.
Meaningful access may entail providing language assistance services, including interpretation and
translation services, where necessary. Subgrantees are encouraged to consider the need for
language services for LEP persons served or encountered both in developing their proposals and
budgets and in conducting their programs and activities. Reasonable costs associated with
providing meaningful access for LEP individuals are considered allowable program costs. The
U.S. Department of Justice has issued guidance for grantees to assist them in complying with
Title VI requirements. The guidance document can be accessed on the Internet at www.lep.gov.
Section 5.10. Grant Management Handbook. Grantee shall comply with the terms of the most recent
version of the CF A Grant Management Handbook.
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SECTION 6
TERMINATION AND DEFAULT
Section 6.01. Mutual Termination. This Agreement may be terminated by mutual consent of both
parties.
Section 6.02. Termination by Either Party or by Grantor. Either party may terminate this Agreement, for
any reason, upon 30 days advance written notice to the other party. In addition, Grantor may terminate
this Agreement effective immediately upon written notice to Grantee. or effective on such later date as
may be established by Grantor in such notice, under any of the following circumstances: (a) Grantor fails
to receive sufficient appropriations or other expenditure authorization to allow Grantor. in the reasonable
exercise of its administrative discretion, to continue making payments under this Agreement. (b) there are
not sufficient funds in the Criminal Fine Account to permit Grantor to continue making payments under
this Agreement, (c) there is a change in federal or state laws, rules, regulations or guidelines so that the
Project funded by this Agreement is no longer eligible for funding, or (d) in accordance with Section 6.04.
Section 6.03. Default. Grantee shall be in default under this Agreement upon the occurrence of any of
the following events:
(a) Either party shall be in default if either party fails to perform, observe or discharge any of its
covenants. agreements or obligations contained herein or in any exhibit attached hereto; or
(b) Any representation, warranty or statement made by Grantee herein or in any documents or reports
relied upon by Grantor to measure progress on the Project, the expenditure of Grant moneys or
the performance by Grantee is untrue in any material respect when made; or
(c) Grantee (i) applies for or consents to the appointment of, or the taking of possession by, a
receiver, custodian, trustee, or liquidator of itself or of all of its property, (ii) admits in writing its
inability. or is generally unable, to pay its debts as they become due, (iii) makes a general
assignment for the benefit of its creditors, (iv) is adjudicated a bankrupt or insolvent, (v)
commences a voluntary case under the Federal Bankruptcy Code (as now or hereafter in effect),
(vi) files a petition seeking to take advantage of any other law relating to bankruptcy, insolvency,
reorganization, winding-up, or composition or adjustment of debts, (vii) fails to controvert in a
timely and appropriate manner, or acquiesces in writing to, any petition filed against it in an
involuntary case under the Bankruptcy Code, or (viii) takes any action for the purpose of
effecting any of the foregoing; or
(d) A proceeding or case is commenced, without the application or consent of Grantee, in any court
of competent jurisdiction, seeking (i) the liquidation, dissolution or winding-up, or the
composition or readjustment of debts, of Grantee, (ii) the appointment of a trustee, receiver,
custodian, liquidator. or the like of Grantee or of all or any substantial part of its assets, or (iii)
similar relief in respect to Grantee under any law relating to bankruptcy, insolvency,
reorganization, winding-up, or composition or adjustment of debts, and such proceeding or case
continues undismissed, or an order, judgment, or decree approving or ordering any of the
foregoing is entered and continues unstayed and in effect for a period of sixty (60) consecutive
days, or an order for relief against Grantee is entered in an involuntary case under the Federal
Bankruptcy Code (as now or hereafter in effect).
Section 6.04. Remedies Upon Default. If Grantee's default is not cured within fifteen (15) days of
written notice thereof to Grantee from Grantor or such longer period as Grantor may authorize in its sole
discretion, Grantor may pursue any remedies available under this Agreement, at law or in equity. Such
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remedies include, but are not limited to, termination of this Agreement, return of all or a portion of the
Grant money, payment of interest earned on the Grant money, and declaration of ineligibility for the
receipt of future Criminal Fine Account awards. If, as a result of Grantee's default, Grantor demands
return of all or a portion of the Grant moneys or payment of interest earned on the Grant moneys, Grantee
may, at Grantee's option, satisfy such demand by paying to Grantor the amount demanded or permitting
Grantor to recover the amount demanded by deducting that amount from future payments to Grantee from
Grantor. If Grantee fails to repay the amount demanded within fifteen (15) days of the demand, Grantee
shall be deemed to have elected the deduction option and Grantor may deduct the amount demanded from
any future payment from Grantor to Grantee, including but not limited to, any payment to Grantee from
Grantor under this Agreement and any payment to Grantee from Grantor under any other contract or
agreement, present or future, between Grantor and Grantee.
SECTION 7
MISCELLANEOUS
Section 7.01. 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.
Section 7.02. 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 of Marion County for the
State of Oregon. GRANTEE, BY EXECUTION OF THIS AGREEMENT, HEREBY CONSENTS TO
THE EXCLUSIVE JURISDICTION OF SUCH COURT, WAIVES ANY OBJECTION TO VENUE,
AND WAIVES ANY CLAIM THAT SUCH FORUM IS AN INCONVENIENT FORUM.
Section 7.03. Notices. Except as otherwise expressly provided in this Agreement, any communications
between the parties hereto pertaining to this Agreement or notices to be given hereunder shall be given in
writing by personal delivery, facsimile, or mailing the same, 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
mailed shall be deemed to be given five (5) days after mailing. 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.
Section 7.04. Amendments. This Agreement may not be altered, modified, supplemented, or amended in
any manner except by written instrument signed by both parties or as described and certified through
CVSD E-Grants and no term of this Agreement may be waived unless the party against whom such
waiver is sought to be enforced has given its waiver in writing.
Section 7.05. Subcontracts, Successors and Assignments.
(a) Grantee shall not enter into any subcontracts for any of the Program activities required by this
Agreement without DOl's prior written consent. Grantee shall require any subcontractors to
comply in writing with the terms and conditions of this Agreement and provide the same
assurances as the Grantee must in its use of the CFA funds. DOl's consent to any subcontract
shall not relieve Grantee of any of its duties or obligations under this Agreement.
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(b) 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.
Section 7.06. Entire Agreement. This Agreement constitutes the entire agreement between the parties on
the subject matter hereof. There are no understandings, agreements, or representations, oral or written,
not specified herein regarding this Agreement.
Section 7.07. Contribution and Indemnification.
(a) If any third party makes any claim or brings any action, suit or proceeding alleging a tort as now
or hereafter defined in ORS 30.260 ("Third Party Claim") against a party (the "Notified Party")
with respect to which the other party ("Other Party") may have liability, the Notified Party must
promptly notify the Other Party in writing of the Third Party Claim and deliver to the Other Party
a copy of the claim, process, and all legal pleadings with respect to the Third Party Claim. Either
party is entitled to participate in the defense of a Third Party Claim, and to defend a Third Party
Claim with counsel of its own choosing. Receipt by the Other Party of the notice and copies
required in this paragraph and meaningful opportunity for the Other Party to participate in the
investigation, defense and settlement of the Third Party Claim with counsel of its own choosing
are conditions precedent to the Other Party's liability with respect to the Third Party Claim.
(b) With respect to a Third Party Claim for which the Grantor is jointly liable with the Grantee (or
would be if joined in the Third Party Claim ), the Grantor shall contribute to the amount of
expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and
reasonably incurred and paid or payable by the Grantee in such proportion as is appropriate to
reflect the relative fault of the Grantor on the one hand and of the Grantee on the other hand in
connection with the events which resulted in such expenses, judgments, fines or settlement
amounts, as well as any other relevant equitable considerations. The relative fault of the Grantor
on the one hand and of the Grantee on the other hand shall be determined by reference to, among
other things, the parties' relative intent, knowledge. access to information and opportunity to
correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement
amounts. The Grantor's contribution amount in any instance is capped to the same extent it would
have been capped under Oregon law if the Grantor had sole liability in the proceeding.
(c) With respect to a Third Party Claim for which the Grantee is jointly liable with the Grantor (or
would be if joined in the Third Party Claim), the Grantee shall contribute to the amount of
expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and
reasonably incurred and paid or payable by the Grantor in such proportion as is appropriate to
reflect the relative fault of the Grantee on the one hand and of the Grantor on the other hand in
connection with the events which resulted in such expenses, judgments, fines or settlement
amounts, as well as any other relevant equitable considerations. The relative fault of the Grantee
on the one hand and of the Grantor on the other hand shall be determined by reference to, among
other things, the parties' relative intent, knowledge, access to information and opportunity to
correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement
amounts. The Grantee's contribution amount in any instance is capped to the same extent it would
have been capped under Oregon law if it had sole liability in the proceeding.
(d) Alternative Dispute Resolution. The parties should attempt in good faith to resolve any dispute
arising out of this agreement. This may be done at any management level, including at a level
higher than persons directly responsible for administration of the agreement. In addition, the
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parties may agree to utilize a jointly selected mediator or arbitrator (for non-binding arbitration)
to resolve the dispute short of litigation.
(e) Indemnification by Subcontractors. Grantee shall take all reasonable steps to cause its
contractor(s) that are not units of local government as defined in ORS 190.003, if any, to
indemnify, defend, save and hold harmless the State of Oregon and its officers, employees and
agents ("Indemnitee") from and against any and all claims, actions, liabilities, damages, losses, or
expenses (including attorneys' fees) arising from a tort (as now or hereafter defined in ORS
30.260) caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or
omissions of Grantee's contractor or any of the officers, agents, employees or subcontractors of
the contractor( "Claims"). It is the specific intention of the parties that the Indemnitee shall, in all
instances, except for Claims arising solely from the negligent or willful acts or omissions of the
Indemnitee, be indemnified by the contractor from and against any and all Claims.
(f) Subcontractor Insurance Requirements. Grantee shall require its first tier contractor(s) that are not
units of local government as defined in ORS 190.003, if any, to: i) obtain insurance specified
under TYPES AND AMOUNTS on Exhibit A, attached hereto and incorporated by reference
herein, and meeting the requirements under ADDITIONAL INSURED, "TAIL" COVERAGE,
NOTICE OF CANCELLA nON OR CHANGE, and CERTIFICATES OF INSURANCE before
the contractors perform under contracts between Grantee and the contractors (the "Subcontracts"),
and ii) maintain the insurance in full force throughout the duration of the Subcontracts. The
insurance must be provided by insurance companies or entities that are authorized to transact the
business of insurance and issue coverage in the State of Oregon and that are acceptable to
Grantor. Grantee shall not authorize contractors to begin work under the Subcontracts until the
insurance is in full force. Thereafter, Grantee shall monitor continued compliance with the
insurance requirements on an annual or more frequent basis. Grantee shall incorporate
appropriate provisions in the Subcontracts permitting it to enforce contractor compliance with the
insurance requirements and shall take all reasonable steps to enforce such compliance. Examples
of "reasonable steps" include issuing stop work orders (or the equivalent) until the insurance is in
full force or terminating the Subcontracts as permitted by the Subcontracts, or pursuing legal
action to enforce the insurance requirements. In no event shall Grantee permit a contractor to
work under a Subcontract when the Grantee is aware that the contractor is not in compliance with
the insurance requirements. As used in this section, a "first tier" contractor is a contractor with
which the Grantee directly enters into a contract. It does not include a subcontractor with which
the contractor enters into a contract.
Section 7.08. False Claim Act. Grantee will refer to the Grantor any credible evidence that a principal,
employee, agent, sub-grantee contractor, contractor or other person has submitted a false claim under the
False Claims Act (31 USC 3729-3733; ORS 180.750-180.785) or has committed a criminal or civil
violation of laws pertaining to fraud, conflict of interest, bribery, gratuity or similar misconduct involving
funds provided under this Agreement.
Section 7.09. Time is of the Essence. Grantee agrees that time is of the essence with respect to all
provisions of this Agreement that specify a time for performance; provided, however, that the foregoing
shall not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this
Agreement.
Section 7.10. Survival. All provisions of this Agreement set forth in the following sections shall survive
termination of this Agreement: Section 3.03, Unexpended Grant Moneys; Section 5.08, Maintenance,
Retention and Access to Records; Section 7, MISCELLANEOUS and any other provisions that by their
terms are intended to survive termination of this Agreement.
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Section 7.11. Counterparts. This Agreement may be executed in several cou nterparts, all of which when
taken together shall constitute one agreement binding on all parties, notwithstanding that all parties are
not signatories to the same counterpart. Each copy of this Agreement so executed shall constitute an
originaL
Section 7.12. Severability. If any term or provIsIon of this Agreement is declared by a court of
competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and
provisions shall not be affected, and the rights and obligations of the parties shall be construed and
enforced as if this Agreement did not contain the particular term or provision held to be invalid.
Section 7.13. Relationship of Parties. The parties agree and acknowledge that their relationship is that of
independent contracting parties and neither party hereto shall be deemed an agent, partner, joint venturer
or related entity of the other by reason of this Agreement.
Section 7.14. Headings. The section headings in this Agreement are included for convenience only, do
not give full notice of the terms of any portion of this Agreement and are not relevant to the interpretation
of any provision of this Agreement.
Section 7.15. No Third Party Beneficiaries. Grantor and Grantee are the only parties to this Agreement
and are the only parties entitled to enforce its terms. Nothing in this Agreement gives, is intended to give, or
shall be construed to give or provide any benefit or right, whether directly, indirectly or otherwise, to third
persons.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of
the dates set forth below their respective signatures.
STATE OF OREGON
Acting by and through its Department of Justice
By: ____________________________
Name: Shannon L. Sivell
Title: Director, Crime Victims' Services Division
Date: _________________________
AUTHORIZED AGENT FOR GRANTEE
By: ______________________________
Name: __________________________
Title: _________________
Date: _________________________
ApPROVED FOR LEGAL SUFFICIENCY
Name: Cynthia Byrnes
Title: Assistant Attorney General
Date: via emai191lS/13
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I
EXHffiITA
SUBCONTRACTOR INSURANCE REQUIREMENTS
A. REQUIRED INSURANCE. Subcontractor shall obtain at Subcontractor's expense the insurance
specified in this section prior to performing under this Agreement and shall maintain it in full force and
at its own expense throughout the duration of this Agreement. Subcontractor shall obtain the following
insurance from insurance companies or entities that are authorized to transact the business of insurance
and issue coverage in the State of Oregon and that are acceptable to Grantor.
i. WORKERS COMPENSATION. All employers, including Subcontractor, that employ subject workers, as
defined in ORS 656.027, shall comply with ORS 656.017 and shall provide workers' compensation insurance
coverage for those workers, unless they meet the requirement for an exemption under ORS 656.126(2).
ii. EMPLOYERS' LIABILITY.
~Required by Agency 0 Not required by Agency.
If Subcontractor is a subject employer, as defined in ORS 656.023, Subcontractor shall obtain employers'
liability insurance coverage.
iii. PROFESSIONAL LIABILITY
~Required by Agency 0 Not required by Agency.
If in the conduct and implementation of the Subcontract, Subcontractor provides professional advice or
services, Subcontract shall obtain and maintain Professional Liability Insurance in a form and with coverages
that are satisfactory to the State covering any damages caused by an error, omission or any negligent acts
related to the professional services to be provided under this Agreement.
iv. COMMERCIAL GENERAL LIABILITY.
~Required by Agency 0 Not required by Agency.
Subcontractor shall obtain and maintain Commercial General Liability Insurance covering bodily injury, death,
and property damage in a form and with coverages that are satisfactory to the State. This insurance shall
include personal injury liability, products, and completed operations. Coverage shall be written on an
occurrence basis.
v. AUfOMOBILE LIABILITY INSURANCE: AUfOMOBILE LIABILITY.
~Required by Agency 0 Not required by Agency.
If in the conduct and implementation of the Subcontract, Subcontractor provides transportation for or
transports individuals in automobiles, Subcontractor shall obtain and maintain Automobile Liability Insurance
covering all owned, non-owned, or hired vehicles. This coverage may be written in combination with the
Commercial General Liability Insurance (with separate limits for "Commercial General Liability" and
"Automobile Liability").
B. ADDITIONAL INSURED. The Commercial General Liability insurance and Automobile Liability insurance
required under this Agreement shall include the State of Oregon, its officers, employees and agents as Additional
Insureds but only with respect to Subcontractor's activities to be performed under this Agreement. Coverage shall be
primary and non-contributory with any other insurance and self-insurance.
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C. "TAIL" COVERAGE. If any of the required professional liability insurance is on a "claims made" basis,
Subcontractor shall either maintain either "tail" coverage or continuous "claims made" liability coverage, provided the
effective date of the continuous "claims made" coverage is on or before the effective date of this Agreement, for a
minimum of 24 months following Subcontractor's completion and Grantor's acceptance of all performance required
under this Agreement. Notwithstanding the foregoing 24-month requirement, if Subcontractor elects to maintain "tail"
coverage and if the maximum time period "tail" coverage reasonably available in the marketplace is less than the 24
month period described above, then Subcontractor shall maintain "tail" coverage for the maximum time period that "tail"
coverage is reasonably available in the marketplace for the coverage required under this Agreement. Subcontractor shall
provide to Grantee or Grantor, upon Grantee or Grantor's request, certification of the coverage required under this Exhibit
A
D. CERTIFICATE(S) OF INSURANCE. Subcontractor shall provide to Grantee Certificate(s) of Insurance for all
required insurance before performance required under this Agreement. The Certificate(s) must specify all entities and
individuals who are endorsed on the policy as Additional Insured (or Loss Payees). Subcontractor shall pay for all
deductibles, self-insured retention and self-insurance, if any. The Subcontractor shall immediately notify the
Grantee of any material change in insurance coverage.
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