Ord 2110 - MC Youth Ser Grant 93
COUNCIL BILL NO. 1488
ORDINANCE NO. 2110
AN ORDINANCE ACCEPTING A MARION COUNTY YOUTH SERVICES COMMISSION GRANT
RECEIVED DURING FISCAL YEAR 1993-94, MAKING APPROPRIATIONS, AND DECLARING
AN EMERGENCY.
WHEREAS, Oregon Revised Statutes 294.326 provides for the expenditure of
grant funds transferred to a municipal corporation for a specific purpose, and
WHEREAS, a grant has been received from the Marion County Youth Services
Commission for the purpose of providing an organized recreation drop-ineenter for youth to
meet community needs as a result of year-round school, now, therefore,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. That the grant be accepted for its specific purpose and the Mayor
be authorized to sign the Marion County Youth Services Commission contract, a copy of
which is attached for reference.
Section 2. That appropriations be increased within the Park and Recreation
Fund for fiscal year 1993-94 as follows:
REVENUES
PARK AND RECREATION FUND:
MCYSC Grant
$ 35.250
Total Park & Recreation Fund Revenue
$ 35.250
EXPENDITURES
PARK AND RECREATION FUND:
Leisure Services Program -
Personnel Services (MCYSC Grant)
$ 35.250
Total Park & Recreation Fund Appropriation
$ 35.250
Page 1 - COUNCIL BILL NO. 1488
ORDINANCE NO. 2110
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Section 3. This ordinance being necessary for the immediate preservation of
the public peace, health and safety, in that adoption of the appropriations will allow the
availability of funds to proceed with the program, an emergency is declared to exist and this
ordinance shall take effect immediately upon passage by the Council and approval by the
Mayor.
Approved as to Form~ ~
City Attorney
o / S; /?f 3
I Dat~
APPROVEO~ K~
LE KELLEY, MA OR
Passed by the Council
August 23, 1993
Submitted to the Mayor
August 25, 1993
Approved by the Mayor
August 25, 1993
Filed in the Office of the Recorder
August 25, 1993
ATTEST fYl~~--,,~
Mary Tennant, Recorder
City of Woodburn, Oregon
Page 2 - COUNCIL BILL NO.
ORDINANCE NO.
1488
2110
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Contract for Services
1. INTRODUCTION
This contract is between Marion County, a political subdivi-
sion of the State of Oregon, hereinafter called the COUNTY,
city of Woodburn's Recreation and Parks Department, hereinaf-
ter called CONTRACTOR.
The CONTRACTOR agrees to provide the services as specified in
Part II of this contract, for the period of July 1, 1993
through June 30, 1994. It is understood that this contract
between the COUNTY and the CONTRACTOR is subject to the
availability of local, state, and federal funds. This
contract is for the period indicated and does not in any way
commit the COUNTY to obligate funds for continuation of these
services beyond the contract period.
2. COMPLIANCE WITH STATUTES AND RULES
The COUNTY and the CONTRACTOR agree to comply with the
provisions of this contract and all applicable federal, state,
and local statutes and rules.
Unless otherwise specified, responsibility for all taxes,
assessment and any other charges imposed by law upon employers
shall be the sole responsibility of the CONTRACTOR. Failure
of the CONTRACTOR or the COUNTY to comply with the provisions
of this contract and all applicable federal, state, and local
statutes and rules shall be cause for termination of this
contract as specified in sections concerning recovery of funds
and termination.
3. PAYMENT OF CONTRACT
a. Contract amount
The sum of $35,250 is the maximum payment amount obligat-
ed by the COUNTY under this contract. The COUNTY agrees
to pay to the CONTRACTOR at the rate of $35,250 for
services provided under this contract.
b. Requests for pavment
Payment will be made only for actual expenditures up to
the maximum amount specified. The CONTRACTOR will submit
quarterly reports of expenditures and request for funds
in the format included in Part II of this contract, with
the final quarterly expenditure report due no later
than July 15, 1994.
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4. MODIFICATION OF CONTRACT
Any alterations,
provision of this
been submitted in
CONTRACTOR.
variations, modifications or waivers of
contract shall be valid only when they have
writing and approved by the COUNTY and the
The CONTRACTOR or the COUNTY may reduce or terminate this
contract when state or federal funds are reduced or E~liminated
by providing to the respective parties written notice deliv-
ered by certified mail.
5. WITHHOLDING OF CONTRACT PAYMENTS
Notwithstanding another payment provision of this contract,
failure of the CONTRACTOR to submit required reports when due,
or failure to perform or document the performance of con-
tracted services, may result in withholding of payments under
this contract. Such withholding of payment for cause shall
begin thirty (30) days after written notice is given by the
COUNTY to the CONTRACTOR, and shall continue until the
CONTRACTOR submits required reports, performs required
services or establishes, to the COUNTY's satisfaction, that
such failure arose out of causes beyond the control, and
without the fault or negligence of the CONTRACTOR.
6. RECOVERY OF FUNDS
Expenditures of the CONTRACTOR may be charged to this contract
only if they (1) are in payment of services performed under
this contract, (2) conform to applicable state and federal
regulations and statutes, and (3) are in payment of an
obligation incurred during the contract period.
a. Unauthorized Expenditures and Excess Payments
Any COUNTY funds spent for purposes not authorized by
this contract and any payments by the COUNTY in excess of
authorized expenditures shall be refunded to the COUNTY
upon notification by the COUNTY.
b. Contract Termination or Suspension
In the event of termination of all or part of this
contract as specified in section 12 of Part I of this
contract, COUNTY funds not earned at the date of termina-
tion or cancellation shall revert to the COUNTY.
7. AUDITS AND INSPECTIONS
The CONTRACTOR shall permit authorized representatives of the
COUNTY, State of oregon, or the applicable audit agencies of
the U.s. Government to review of the records of the CONTRACTOR
as they relate to the contract services in order to satisfy
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audit or program evaluation purposes deemed necessary by the
COUNTY and permitted by law.
8. REPORTING REOUIREMENTS
By signature on the contract, the CONTRACTOR grants the
COUNTY, except where expressly prohibited by law, the right to
reproduce, use and disclose for COUNTY purposes, all or part
of the reports, data and technical information furnished the
COUNTY under this contract.
9. MAINTENANCE. RETENTION. AND CONFIDENTIALITY OF RECORD
The CONTRACTOR agrees to establish and maintain records and
statistics as follows:
Financial records, which indicate the number of hours of
service provided under this contract and other appropriate
records pertinent to this contract shall be retained for a
minimum of three (3) years after the end of the contract
period. If there are unresolved audit questions at the end of
the three-year period, the records must be maintained until
the questions are resolved.
Client records shall be kept confidential in accordance with
ORS 179.505, OAR 309-11-020, 45 CFR 205.50 and 42 CFR Part 2.
10. CIVIL RIGHTS AND REHABILITATION ACTS
The CONTRACTOR agrees to comply with the civil Rights Act of
1964 and section 504 of the Rehabilitation Act of 1973 as
implemented by 45 CFR 84.4 which states in part, "No qualified
person shall on the basis of handicap be excluded from
participation in, be denied the benefits of, or otherwise be
subjected to discrimination under any program or activity
which received or benefits from federal financial assistance."
11. INDEMNIFICATION. INSURANCE AND BONDING
A. The CONTRACTOR shall hold and save harmless the COUNTY,
its officers, agents, and employees from damages arising
out of the tortious acts of the CONTRACTOR, its officers,
agents, and employees acting within the scope of their
employment and duties in performance of this agreement
subject to the limitations and conditions of the Oregon
Tort Claims Act ORS 30.260 through 30.300, and the Oregon
Constitution, Article XI, section 7.
The CONTRACTOR shall maintain at all times comprehensive
liability insurance, property damage insurance, and
medical/professional malpractice if applicable, covering
its activities and operations under this Agreement, and
naming the COUNTY, its officers, agent and employees as
additional named insurers. Such insurance shall be in
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the forms and amounts not less than set forth in ORS
30.270: $100,000 property damage per claimant, $200,000
all other claims per claimant, $500,000 all claims. The.
COUNTY shall be furnished a certificate of insurance and
at least ten days prior written notice given to the
COUNTY if the insurance coverage is canceled or reduced.
Minimum limits required for medical/professional malprac-
tice $1,000,000.
b.
The COUNTY, pursuant to applicable provisions
30.260 TO 30.300, maintains a self-insurance
which provides property damage and personal
coverage.
of ORS
program
injury
c. The CONTRACTOR, shall obtain and maintain at all times
during the term of this contract, workers' compensation
insurance covering injuries to employees while carrying
out employee duties under this contract. The CONTRACTOR
shall provide. the COUNTY with evidence that it is a
carrier-insured or self-insured employer in full compli-
ance with the requirements of ORS Chapter 656, or that it
employs no persons subject to the requirements of ORS
656, Workers' Compensation coverage.
d. The CONTRACTOR and. the COUNTY agree that there is no
relationship under this Agreement. except as specified
herein. The COUNTY exercises no control over, is not
responsible for the acts of, assumes no specific respon-
sibilities to or for officers, employees or agents or the
public in general, except as specified in this Agreement.
12. TERMINATION
Allor part of this contract may be terminated by mutual
consent of both parties; or by either party at any time of
cause, upon sixty (60) days' notice in writing and delivered
by certified mail.
The CONTRACTOR or the COUNTY may also terminate all or part of
this contract for the following reasons:
a.
within ten (10) days notice,
from federal, state, or other
is not continued at levels
purchase of the indicated
services. The COUNTY will
possible.
if funding to the COUNTY
sources is not obtained or
sufficient to allow for
quantity and quality of
give more notice whenever
b. Within thirty (30) days notice, if federal or state
regulations are modified or changed in such a way that
the services are no longer allowable for purchase under
this contract.
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c. Upon notice of denial, revocation or non-renewal of any
licensee or certification required by law or regulation
to be held by the CONTRACTOR to provide a service under
this contract.
d. within thirty (30) days notice, if the CONTRACTOR fails
to provide services, or fails to meet the performance
standards as specified in Part II of this contract (or
subsequent modifications of this contract, within the
time specified herein or any extension ther~of.
e. If the CONTRACTOR fails to start services on the date
specified by the COUNTY under section 1 of Part I of this
contract, or subsequent modifications to this contract.
f. Failure of the CONTRACTOR or the COUNTY to comply with
the provisions of this contract and all applicable
federal, state and local laws and rules may be cause for
termination of this contract.
Such termination shall be without prejudice to any obligations
or liabilities of either party accrued to such termination.
13 . WAGES
CONTRACTOR shall pay all individuals performing work under
this contract at least time and a half for all overtime worked
in excess of 40 hours in anyone week and for all work
performed on legal holidays specified in ORS 653.010 to
653.261 or under 29 USC sections 201 to 209 from receiving
overtime.
PART II
14. CONTRACT FOR SERVICES
The CONTRACTOR, for the sum specified below, agrees to perform
the following type(s) and quantity of service, according to
the performance standards listed below:
1) Description of Services:
The Woodburn Youth Center will provide a safe haven with
a structured format for hundreds of Woodburn youth
between the ages of 8 and 13. The program will provide
educational enhancement opportunities, academic programs
and tutoring.
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2} Target Population and Number Served
The program is designed to offer positive social and
recreational opportunities for all children in the 8 to
14 years of age.
(See Objectives and Activities in Exhibit A)
3} Funding Mechanism, Rate and Time Period
COUNTY agrees to pay CONTRACTOR the total sum of $35,250
for performance of those services provided hereunder.
Payment to CONTRACTOR shall be paid by COUNTY at the rate
$8,812.50 per quarter. Payment to be made within five
(5) working days of receipt of the funds from the State.
CONTRACTOR is obligated to make quarterly program and
fiscal reports which will be due on October 15, 1993,
January 15, 1994, April 15, 1994 and July 15, 1994. Forms
for reporting are contained in Exhibit "B".
4) Reporting requirements
The organization will submit
documents and forms within the
submission.
all required reports,
allotted time for their
5} Contract Amount
The sum of $35,250 is the maximum amount obligated by the
COUNTY to provide services under this contract.
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Approved as to Form:
Marion County Legal Counsel
Approved as to Form:
David Hartwig
Contracts Coordinator
c~ntractor -~y Oj~OdbUrn
S1gnature:~ ~
Name: Len Ke 11 ey
Title: Mayor
Tax ID#: 93-6002282
Date: August 31, 1993
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Department Head
MARION COUNTY BOARD OF
COMMISSIONERS BY:
Chairman, Randall Franke
commissioner
commissioner