Res 1500 - Fund Drop In Center
COUNCIL BILL NO. 1911
RESOLUTION NO. 1500
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 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. T~ Mayor is au~o~~ said contract on behalf of the City.
APprovedastoform~ , J(YV(r" {~ G- zS- - rg
City Attorney Date
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATIEST: ~~~
Mary Te t, City Recorder
City of Woodburn, Oregon
APPRO~-:
~ Nancy A. Kirks
Julv 13, 1998
July 14, 1998
Jul v 14, 1998
July 14, 1998
Page 1 - COUNCIL BILL NO. 1911
RESOLUTION NO. 1500
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/8111) Marion County
OREGON
Children and Families Connnission
_ 100 High St NE, Salem OR 97301
503-588-7975
Contract for Services
Provided by Outside Source
1. INTRODUCTION
This contract is between Marion County, a political subdivision of the State of Oregon, hereinafter called the
COUNTY, and City of Woodburn. hereinafter called CONTRACTOR.
The CONTRACTOR agrees to provide the services as specified in Part II of this contract, for the period July 1. 1998
through June 30. 1999 . It is understood that this contract between the COUNTY and the CONTRACTOR is
subject to the availability and allocation of local, state, and federal funds. This contract is for the period indieated
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 513.600.00 is the maximum payment amount obligated by the COUNTY under tbis contract. The
COUNTY agrees to pay to the CONTRACTOR at the rate of See Part II for services provided under this
contract.
b. Requests for Payment
Payment win be made only for actual expenditures up to the maximum amount(s) specified. The
CONTRACTOR will submit monthly reports of expenditures/requests for reimbursement in the format
included in Part II of this contract, as soon as possible following the close of the reimbursable month.
c. Final Request for Reimbursement and Annual Cost Statement
The CONTRACTOR will submit the final monthly expenditure report, if required, no later than See Part II
. The COUNTY will use these reports to determine correct payment amounts under this contract. The
COUNTY win compare the correct payment amount with the actual payments made during the contract
period. Differences owing to the CONTRACTOR will be collected from the COUNTY. Differences owing to
the COUNTY will be paid by the CONTRACTOR.
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 offunds are required by state, federal or judicial action by providing to the respective
parties written notice delivered by certified mail.
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5. NITHHOLDING OF CONTRACT PAYMENTS
Notwithstanding any other payment provision of this contract, failure of the CONTRACTOR to submit required
reports when due, or failure to perform or document the performance of contracted 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 COUNTYS 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 ofthe CONTRACTOR may be charged to this contract only if they (1) are in payment ofservices
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.
7. AUDITS AND INSPECTIONS
The CONTRACTOR shall permit authorized representatives of the COUNTY, State of Oregon, or the applicable
audit agencies ofthe 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 REOUlREMENTS
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.
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10. 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 medicaVprofessional 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 5200,000 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 medicallprofessional 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.
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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.
The CONTRACTOR or the COUNTY may also terminate aU 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 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 CONTRACfOR to provide a service under this contract.
d. With thirty (30) days' notice, if the CONTRACfOR fails to provide services, or fails to meet the
performance standards as specified in Part IT 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 CONTRACfOR 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 aU overtime worked in excess of 40 hours in anyone week, 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,
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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
The children participating in activities at the Woodburn Drop-in Center are provided a safe haven where they
participate in organized activities and receive other support services such as assistance with homework. The City of
Woodburn provides the facUities, all activities and program supplies in addition to supervision. See Exhibit A.
2)
Target Population and Number Served
25 children 3-6 years
145 children 7-10 years
85 youth 11-15 years
3)
Funding Mechanism, Rate and Time Period: COUNTY agrees to pay CONTRACTOR the total sum of 513.600 for
performance of those services provided hereunder. Each payment not to exceed 1/4 of the total sum of the contract.
First payment to be made upon signature of the contract and receipt of "Request for Payment". Remaining three (3)
payments to be made upon receipt and approval of reports due October 15, 1998, January 15, 1999, April 15, 1999
and final report due July 15, 1999. A "Request for Payment" must also be received before payment is released.
Payment to be made within five (5) working days of receipt of the funds from the State.
CONTRACTOR is obligated to make four program and fIScal reports and two cultural competency reports.
Quarterly program and fiscal reports are due October 15, 1998, January 15, 1999, April 15, 1999 and July 15, 1999.
Forms for reporting will be provided by the Children and Families Commission. Cultural competency reports are
due October 15, 1998 and April 15, 1999. Forms for reporting will be provided by the Children and Families
Commission. Failure to submit required reports on required due dates in prescribed format will result in witholding
of payment.
4) Reference Standards: See Exhibit A (Work Plan)
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.
6) Contract Amount: The sum of 513.600 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.
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SIGNATURE PAGE
7/14 98
Date
Council President for Mayor Kirksey
Title
City of Woodburn
Y outb Drop-In Center
491 N. 3rd ST
Woodburn, OR 97071
TuI.D. # 93-6002282
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Contracting Department
Signature
Date
Approved as to Form
Legal Counsel
Date
Approved as to Form
Contracts Coordinator
Date
MARION COUNTY BOARD OF COMMISSIONERS
Commissioner
Commissioner
Commissioner
Date
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Insurahce
services
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:o-~==., 1212 Court St. NE
SuilC: 301
Salem, Oregon 9730t
Cj03) 585-1121
CERTIFICATE OF COVERAGE
Covered Entity: City of W oodbum
Agent:
This is to certify that coverage is provided to the designated entity as noted below. Notwithstanding any
requirement, term or condition of any contract !,f other document with respect to which this certificate may
be issued or may pertain, the tenus, ekclusions and conditions of such coverage are not amended by this
certificate.
Huggins Insurance Services. Inc.
. . . ~. .. .. '. ';0- LiMIT'.OF '.
... .. 'EFFECilvE. EXPIRATION
:TYPE OF COvERA:(iE bAm DATE , LI1\B~ITY ,.',
~ Comprehensive Liability $ 2.000,000
07/01196 06/30/97 Combined
(Including Owned and Nonowned Auto) Single Limit
~ Auto Physical Damage ACV
Deductible:
Collision $ 500.00 07/01/96 06/30/97
Comprehensive $ 100.00
o Property $
(Replacemenr Cost Unless Specified Otherwise) Per Filed,
Deductible: Values
Properry $
Inland Marine $
Crime $ 50,000
Earthquake & flood $10,000,000
Deductible
Earthquake $50,000 min. or 5% total values
Flood $50,000
tJ Workers' Compensation 07/01196 06/30/97 Statutory
fJ Employer's Liabiliry 07/01/96 06/30/97 $2,000,000
Certificate Holder Should an)' of Ihe above ducribed coveragc be c;anccled before the
Marion County clpimion dill: Ihereof. Cicy/County Jmu~1ICe Services \Ifill endeavor 10
provide 30 days wriaen notice 10 die eertiflCale holder named herein, but
3180 Center St NE failure 10 proyide such notice shall impose no obti&ation or Iiabilily of
Salem. Oregon 97301 an)' kind upon CIS. itS Igenu. or n:presenwivClS.
Karen Pfeifer ?t; ~" . ,0 r;;, __ Is.suc Dale
Attn:
5/20/97
"\....~
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Subject:
Re:
Youth Drop InCenter Grant. Marion County is named as Additional Insured
.,.
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