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Res 1539 A - Mar Cty Fd Drop-In COUNCIL BILL NO. 1970 RESOLUTION NO. 1539 A A RESOLUTION ENTERING INTO A CONTRACT WITH MARION COUNTY TO PROVIDE FUNDING FOR THE WOODBURN DROP-IN CENTER. WHEREAS, the City of Woodburn provides facilities, activities, and program supplies for the Woodburn Drop-In Center~ and WHEREAS, the Woodburn Drop-In Center provides a safe haven where children may participate in organized activities and receive support services such as assistance with homework~ and WHEREAS, Marion County, through its Children and Families Commission, has funds available to distribute to the funding of the Woodburn Drop-In Center~ NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into a contract for services with Marion County for the period July 1, 1999 through June 30,2001, to provide funding for the Woodburn Drop-In Center, a copy of which is affixed as Attachment "A" and, by this reference, incorporated herein. Section 2. That the Mayor iro to sign said contract 0 Approved as to form~ b City Attorney Date APPROVED:~ Richard Jenning May behal of the City. \0 q~ Passed by the Council June 14 . 1999 Submitted to the Mayor June 15, 1999 Approved by the Mayor June 15, 1999 Filed in the Office of the Recorder June 15. 1999 ~ ATTEST: Mary Te ant, City Recorder City of Woodburn, Oregon Page 1 - COUNCIL BILL NO. 1970 RESOLUTION NO. 1539 A , ~ Marion Countv OREGON Children and Families Commission 100 High St NE, Salem OR 9730 I 503-588-7975 1. INTRODUCTION ~ Contract for Services Provided by Outside Source This contract is between Marion County, a political subdivision of the State of Oregon, hereinafter called the COUNTY, and WOODBURN RECREATION AND PARKS DEPARTMENT, hereinafter called CONTRACTOR. The CONTRACTOR agrees to provide the services as specified in Part II of this contract, for the period Julv 1, 1999 through June 30, 2001 . 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 $20,000.00 is the maximum payment amount obligated by the COUNTY under this contract. The COUNTY agrees to pay to the CONTRACTOR at the rate of see Dart 2 for services provided under this contract. b. Requests for Pavment Payment will be made only for actual expenditures up to the maximum amount(s) specified. The CONTRACTOR will submit quarterly reports and requests for reimbursement in the format included in Part II of this contract, no later than the 15th of the month following the close of the reimbursable quarter. 4. MODIFICATION OF CONTRACT Any alterations, variations, modifications or waivers of provision of this contract shall be valid only when they have been submitted in writing and approved by the COUNTY and the CONTRACTOR. The CONTRACTOR or the COUNTY may reduce or terminate this contract when state or federal funds are reduced or eliminated, or reallocation of funds are required by state, federal or judicial action by providing to the respective parties written notice delivered by certified mail. 5. WITHHOLDING OF CONTRACT PAYMENTS Notwithstanding any other payment provision of this contract, failure of the CONTRACTOR to submit complete and accurate reports when due, or failure to perform or document the performance of contracted services, will result in withholding of payments under this contract. Such withholding of payment for cause shall continue until the CONTRACTOR submits required reports, performs required services. REV 5/99 , 6. RECOVERY OF FUNDS Expenditures of the CONTRACTOR may be charged to this contract only if they (I) 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 payments by the COUNTY in excess of authorized expenditures shall be deducted from payment of reimbursements or refunded to the COUNTY no later than thirty (30) days after the contract's expiration or notification from the CONTRACTOR. The CONTRACTOR shall be responsible to repay for prior contract period excess payments and unrecovered advanced payments provided by the COUNTY. Repayment of prior period obligations shall be made to the COUNTY in a manner agreed on. b. Contract Termination or Suspension In the event of termination of all or part of this contract as specified in Section 13 of Part I of this contract, COUNTY funds not earned at the date of termination or cancellation shall revert to the COUNTY. c. Balances at The End of The Contract Period Any fund balance, or money unspent at the end of the 1999-2001 contract period, shall be determined by March 30, 2001. Grant balances shall be presented to the Commission. The objective is to have the Commission, or designated committee and staff, work with contract providers to redistribute any remaining funds through existing contracts and/or other short-term projects. 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 the records of the CONTRACTOR as they relate to the contract services in order to satisfy 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. REV 5/99 I' CIVIL RIGHTS. REHABILITATION ACT, AMERICANS WITH DISABILITIES ACT and TITLE VI OF THE CIVIL RIGHTS ACT. The CONTRACTOR agrees to comply with the Civil Rights Act of 1964, and 1991, Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973, and Title VI as implemented by 45 CFR 80 and 84 which states in part, No qualified person shall on the basis of disability, race, color, or national origin 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 agree to defend, indemnify and hold 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 commercial general liability insurance, property damage insurance, and medical/professional malpractice if applicable, covering its activities and operations under this Agreement. The CONTRACTOR SHALL add Marion County, its officers/officials, agents, employees, and volunteers as additional insureds for general liability and property damage insurance coverage and an Endorsement shall be issued by the company showing Marion County as an Additional Insured and containing a 30-day Notice of Cancellation endorsement. Such insurance shall be in the forms and amounts not less than set forth in ORS 30.270: $100,000 for property damage and $200,000 per person for bodily injury and no less than $500,000 for any number of claims arising out of a single accident or occurrence. Minimum limits required for medical/professional malpractice $1,000,000. All insurance shall be evidenced by a Certificate of Insurance and Endorsement provided to the COUNTY, indicating coverages, limits and effective dates, by an insurance company licensed to do business in the State of Oregon. b. The COUNTY, pursuant to applicable provisions of ORS 30.260 to 30.300, maintains a self-insurance program which provides property damage and personal injury coverage. c. The CONTRACTOR shall obtain and maintain at all times during the term of this contract, workers' compensation insurance with statutory limits and employers' liability insurance. The CONTRACTOR shall provide the COUNTY with evidence that it is a carrier-insured or self-insured employer in full compliance 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 act of, assumes no specific responsibilities to or for officers, employees or agents of the contractor, or the public in general, except as specified in this Agreement. 12. EXTENSION Upon written agreement between the CONTRACTOR and the COUNTY, this contract may be extended, subject to the following conditions: a. Extension will be limited to ninety (90) days beyond the contract period. b. Extension is subject to the limits of available funding. 13. TERMINATION All or part of this contract may be terminated by mutual consent of both parties; or by either party at any time for cause, upon sixty (60) days' notice in writing and delivered by certified mail. REV 5/99 The CONTRACTOR or the COUNTY may also terminate all or part of this contract for the following reasons: a. With ten (10) days' notice, if funding to the COUNTY from federal, state, or other sources is not obtained or is not continued at levels sufficient to allow for purchase of the indicated quantity and quality of services. The COUNTY will give more notice whenever possible. b. With thirty (30) days' notice, if federal or state regulations or designated use of funds are modified or changed in such a way that the services are no longer allowable for purchase under this contract. 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. With 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 thereof. 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. 14. WAGES Contractor shall not employ any person performing work under this contract for more than ten hours in anyone day, or 40 hours in anyone week, except in cases of necessity, emergency, or where the public policy absolutely requires it. Contractor shall pay all individuals performing work under this contract at least time-and-a-half pay: (A) For all overtime in excess of eight hours a day or 40 hours in anyone week when the work week is five consecutive days, Monday through Friday; and (B) For all overtime in excess of 10 hours a day or 40 hours in anyone week when the work week is four consecutive days, Monday through Friday; and (C) For all work performed on Saturday or Sunday and on any legal holiday specified in ORS 279.334. Contractor must give notice to employees who work on a public contract in writing, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that the employees may be required to work. If this contract is for personal services as defined in ORS 279.051, the contractor shall pay all individuals performing personal services under this contract at least time-and-a-half for all overtime worked in excess of 40 hours in anyone week, and for work performed on legal holidays specified in a collective bargaining agreement or in ORS 279.334 subsection (1)(a)(C)(ii) to (vii), except for individuals who are excluded under ORS 653.010 to 653.261 or under 29 USC sections 201-209, from receiving overtime. If this contract is for a public work subject to ORS 279.348 to 279.363 or the Davis-Bacon Act (40 USC 276a), the contractor agrees to abide by the provisions of ORS 279.350 or 40 USC 276a, whichever is applicable. REV 5/99 I CONTRACT FOR SERVICES PART II The CONTRACTOR, for the sum specified below, agrees to perform the following type(s) and quantity of services, according to the performance standards listed below: 1) Description of Services Positive and safe after-school program for youth ages 6-13 at the Settlemier Park location. 2) Target Population and Number Served 40 3) Funding Mechanism, Rate and Time Period: COUNTY agrees to pay CONTRACTOR the total sum of $20.000.00 for performance of those services provided hereunder. Each payment not to exceed 1/8 of the total sum of the contract. Payments will be made upon request, on the request form, at the end of each quarter, unless an exception has been agreed to by the COUNTY. 4) Reference Standards: Program will work with Children and Families Commission staff to develop a Work Plan that includes inputs, activities, outputs and indicators to achieve the following outcome(s) as defined in the Oregon Commission on Children and Families Building Results I and III books. These tools will be utilized to determine and measure outcome(s). 3.1.5 Participation in positive school, neighborhood and/or community activities by youth 4.1.10 Homework completion rates. Evaluation includes HARMS Assessment 5) Reporting Requirements: The organization will submit all required report, documents and forms within the allotted time for their submission. Required reports, documents and forms may change format during the period of this contract per review and revision by the CONTRACTOR and the COUNTY. CONTRACTOR is obligated to make eight (8) program outcome, fiscal and cultural competency reports over the biennium (2 years). Quarterly program outcome, fiscal, and cultural competency reports are due October 15, 1999, January 15,2000, April 15, 2000 and July 15, 2000, October 15, 2000, January 15, 2001, April 15, 2001 and final report is due on July 15, 2001. Forms for reporting will be provided by the Children and Families Commission. Failure to submit complete and accurate reports on required due dates in prescribed format will result in witholding of payment and possible termination of contract. Timely reporting is an essential aspect of this contract. Contractor understands that failure to submit complete and accurate reports on required due dates may result in termination of contract. . 6) Contract Amount: The sum of $20.000.00 is the maximum amount obligated by the COUNTY to provide the services specified above under this contract. 7) Cultural Competency Training and Technical Assistance: The CONTRACTOR must agree to participate in a minimum of four (4) hours per six (6) months of cultural competency training including, but not limited to training provided by the Children and Families Commission. 8) Community Collaboration: CONTRACTOR is also required to develop a working relationship with Community Progress Teams in the geographic areas in which the CONTRACTOR provides service. 9) Information to the Media: When providing information to the media, providers will make a good faith effort to credit the Commission with providing resources for their program. Documents, flyers and brochures should state funded in part by MCCFC. REV 5/99 .. SIGNATURE PAGE Cootractor ~ (<.~ ~Is~q'l Signature ~ Date Contracting Department Signature Date ~A'/()R- , Title Approved as to Form Address: WOODBURN RECREA TION/P ARKS 491 N 3RD ST WOODBURN OR 97071 Legal Counsel Date Tax I.D. # q~ - hoD ~dJ:J-..- Approved as to Form Contracts Coordinator Date REV 5/99 ..,_.,-,._'---"-,.._----.--