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Washington County ~ IG164001 ~ OLCC Minor Decoy Mission Contract #34ttit WASHINGTON COUNTY COMMUNITY HUMAN SERVICES PROGRAM CONTRACT AGENCY AGREEMENT This AGREEMENT made and entered into by and between WASHINGTON COUNTY, a political subdivision of the State of Oregon (hereinafter "County") and City of Tigard (hereinafter "Contractor"), for the period commencing upon execution or November 1, 2015 - whichever date is later, to and including June 30, 2016. WITNESSETH: WHEREAS, County has established Early Learning and Youth Development programs and a Community Mental Health Program to serve Washington County residents; and WHEREAS, County desires to contract with the Contractor for provision of a portion of the Early Learning and/or Youth Development program and/or Community Mental Health Program for the period of this agreement; and WHEREAS, County and Contractor are agreeable to the terms and conditions hereinafter set forth governing the provision of specified child, youth, and family services; and NOW, THEREFORE, in consideration of the mutual ;promises and covenants herein contained, County and Contractor agree to the following: Section 1-Purpose: 1. This contract and attachments sets forth the responsibilities and clarifies the relationship between County and Contractor and the terms of payment by County. 2. Contractor agrees it has received a full and complete copy of the County Contract Agency General Conditions ("General Conditions"), which document is incorporated into this Contract Agency Agreement by this reference. 3. This Contract Agency Agreement, including each attachment referenced below, the General Conditions, the County Statement of Conditions, all matters and laws incorporated by reference herein, any written amendments made according to the General Conditions shall be referred to as the "AGREEMENT" and constitute the entire agreement between Contractor and County. Section 2- Consideration: 1. Contractor shall perform the services described Attachment A. 2. County shall pay contractor in the manner described in Attachment B. Section 3-Documents Incorporated: The following documents are incorporated into this contract: County Contract Agency General Conditions County Statement of Conditions Section 4-Additional Documents Incorporated: 1. The following Attachments are incorporated into and made a part of this contract: ❑ Attachment C - Modifications to Standard Contract Terms and Conditions ❑ Attachment D - Modifications to Standard Insurance Requirements Attachment E - Intergovernmental Agreement between Washington County and OHA for the Financing of Community Addictions and Mental Health Services ❑ Attachment F - Intergovernmental Agreement Number 142497 between Washington County and OHA to fund SE 37 (Flexible Funding) ❑ Attachment G - Current Risk Accepting Entity Participation Agreement between Washington County and Health Share of Oregon ❑ Attachment H - Current Health Plan Services Contract, Coordinated Care Organization Contract between OHA and Health Share of Oregon Attachment I - Business Associate Agreement ❑ Other 2, In the event there is a conflict between the documents comprising this contract, the following order of precedence shall apply: the terms and conditions in the body of this contract; Standard Contract Terms and Conditions as modified by Attachments A and B, Attachment C, Attachment D, Attachment E, Attachment F, Attachment G, Attachment H, Attachment I, the solicitation, and Contractor's response. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed by these officers thereunto duly authorized. ......■..................................■■..............................■...•............................... CONTRACTOR DATA AND SIGNATURE Contractor Federal Tax ID# 7 -3 - D � o 39yo DUNS (Data Universal Numbering System) # © S70 I D 5 deo State Tax ID# Citizenship: Nonresident alien Yes No Business Designation (check one): Sole Proprietorship Partnership Corporation Limited Liability Partnership Non-Profit Corporation Federal tax ID numbers or Social Security numbers are required pursuant to ORS 305.385 and will be used for the administration of state, federal and local laws. Payment information will be reported to the Internal Revenue Service under the name and Federal tax ID number or, if none, the Social Security number provided above. I have read this agreement including the attachments. I understand the agreement, agree to be bound by its terms and certify that I am authorized to execute this agreement on behalf of contractor. t )Siagature Title E CMZ(2- _ U -(5'-- j5 Name (please print) Date ................................................................................................................ ■...............................................................................................................■ WASHINGTON COUNTY SIGNATURE Sia Lindstro �)1, UUPU1yt,0L1nTYAaMjR Date of txecution ,GammTsskmers far Washington County, Oregon ................................................................................................................ APPROVED BY WASHINGTON COUNTY BOARD OF COMMISSIONERS: Minute Order# Date By Clerk of the Board Contract representatives with regard to this AGREEMENT are: COUNTY: CONTRACTOR: Betty Merritt Lisa Shaw Name Name Program Coordinator _ Business Manager Title Title Washington County City of Tigard Agency Agency 155 N First Ave., MS #6 13125 SW Hall Blvd. Address Address Hillsboro, OR 97124 Tigard, OR 97223 City, State, Zip Code City, State, Zip Code 503-846-4547 503 - 716 -; 5 } q Telephone Telephone Please note remittance address if different from above: COUNTY CONTRACT AGENCY GENERAL CONDITIONS 1. Subcontracts and Assignment. Contractor small not enter into any subcontracts for any of the work required by this contract, or assign or transfer any of its interest in this contract, without the prior written notice to County. County shall have 10 working days to object. The provisions of this contract shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors and assigns, if any. 2. Third Party Beneficiaries. County and Contractor are the only parties to this contract and are the only parties entitled to enforce its terms. Nothing in this contract 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 unless such third persons are individually identified by name herein and expressly described as intended beneficiaries of the terms of this contract. 3. Written Notice. Any notice of change, termination, or other communication having a material effect on this contract shall be upon the County Contract Administrator and the Contractor Contact Person and served in one of the following manners: a) In-person delivery; or b) deposited in the U.S. Mail under certified or registered handling, postage prepaid. Except as provided in this contract, it is agreed that fifteen calendar days shall constitute reasonable notice for the exercise of any right in the event that applicable law specifically requires such notice. 4. Governing Law/Venue/Attorney Fees. This contract 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 County and Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Washington County for the State of Oregon; provided, however, if a Claim is brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. CONTRACTOR, BY EXECUTION OF THIS CONTRACT, HEREBY CONSENTS TO THE IN PERSONAM JURISDICTION OF SAID COURTS. Each party shall be responsible for its own costs and attorney fees for any claim, action suit or proceeding, including any appeal. 5. Remedies Cumulative. All rights and remedies of County and Contractor shall be cumulative and may be exercised successively or concurrently. The foregoing is without limitation to or waiver of any other rights or remedies of County according to law. 6. Severability[Waiver. County and Contractor agree that, if any term or provision of this contract 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 the contract did not contain the particular term or provision held to be invalid. The failure of either party to enforce any provision of this contract shall not constitute a waiver by that party of that or any other provision of this contract. 7. Public Contracting Statutes. 7.1 ORS 27913.220 through 2796.235 and 279C.500 through 279C.870, as applicable, are incorporated herein by reference. 7.2 The Contractor agrees to: a. Make payment promptly, as due, to all persons supplying, to Contractor, labor or material for the performance of the work provided for in this contract; b. Pay all contributions or amounts due the Industrial Accident Fund incurred in the performance of the contract: C. Not permit any lien or claim to be filed or prosecuted against the County on account of any labor or material furnished pursuant to this contract; and d. Pay to the Department of Revenue all sums withheld from employees pursuant to CRS 316.167, 8. Independent Contractor. 8.1 Contractor shall perform the work required by this contract as an "Independent Contractor." Although County reserves the right to determine the delivery schedule for the work to be performed and to evaluate the quality of the completed performance, the County cannot and will not control the means or manner of the Contractor's performance. The Contractor shall comply promptly with any requests by County relating to the emphasis or relative emphasis to be placed on various aspects of the work or to such other matters pertaining to the work under this contract. Contractor is responsible for determining the appropriate means and manner of performing the work. 8.2 Contractor represents and warrants that Contractor is not an employee of the County, is not currently employed by the Federal Government, meets the specific independent Contractor standards of ORS 670.600, and is not an "officer', "employee", or"agent" of the County, as those terms are used in ORS 30.260 et. seq. 8.3 Contractor shall be responsible for all federal or state taxes applicable to any compensation or payments paid to Contractor under this contract. Contractor is not eligible for any federal Social Security, unemployment insurance, or workers' compensation benefits from compensation or payments paid to Contractor under this contract, 8.4 Contractor agrees to immediately provide County notice of any claim made against Contractor by any third party. Contractor also agrees not to assign to any third party, without County's written consent, any obligation of Contractor to indemnify County for any actions under this contract. 9. Environmentally Preferred Products/Material Safety Data Sheets. Whenever possible, the Contractor should use environmentally preferable products which present a lesser impact to the public health and the environment than competing products. Contractor agrees, upon execution of this contract, to submit a copy of the relevant material safety data sheet{s} for any chemical substance the Contractor will bring on to the County's premises and use as part of the work described in this contract. 10. Nondiscrimination. No person shall be denied or subjected to discrimination in receipt of the benefits of any services or activities made possible by or resulting from this contract on the grounds of race, color, religion, gender, sexual orientation, national origin, disability, age, or marital status. Any violation of this provision shall be considered a material defect and shall be grounds for cancellation, termination or suspension in whole or in part by the County. 11. Termination. 11.1 This contract may be terminated under the following conditions: a. By mutual consent of both parties. b. Contractor may terminate this contract upon a materia! default of County; however, Contractor must provide written notice to the County Contract Administrator and provide County with thirty days to cure the default. c. County may at any time terminate, the whole or any part of, this contract for default if Contractor fails to perform any of the provisions of this contract, or so fails to pursue the work as to endanger performance of this contract in accordance with its terms, and after receipt of written notice from the County, fails to correct such failures within seven calendar days or such other period as the County may authorize or require. 11.2 Upon receiving a notice of termination issued by County, Contractor shall immediately cease all activities under this contract, unless expressly directed otherwise by County in the notice of termination. 11.3 In the event the Board of Commissioners of Washington County reduces, changes, eliminates, or otherwise modifies the funding for this contract, or if funding from federal, state, or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services, then County may terminate this contract, in whole or in part, effective upon delivery of written notice to the Contractor, or at such later date as may be established by the County, and Contractor agrees to abide by any such decision. 11.4 In addition to its other rights to terminate, County may terminate this Agreement, in whole or in part, for convenience upon thirty days' prior notice to Contractor . During this thirty-day period, Contractor shall wind down and cease its services as quickly and efficiently as possible, without performing unnecessary services or activities and by minimizing negative effects on County from such winding down and cessation of services. 11.5 The rights and remedies of the County provided in this section, are not exclusive and are in addition to any other rights and remedies provided by law or under this contract 11.6 If this Agreement is terminated under subsections 11.3 or 11.4, County shall be liable only for payment in accordance with the terms of this contract for services satisfactorily rendered prior to the effective date of termination. 11.7 Upon termination, Contractor shall deliver to County all contract documents, information, works-in-progress, and other property that are or would be deliverables had the contract been completed. 12. Time is of the essence, Time is of the essence in Contractor's performance of each and every obligation and duty under this contract. 13. Force Majeure. Neither County nor Contractor shall be held responsible for delay or default caused by fire, riot, acts of God, or war where such cause was beyond, respectively, County's or Contractor's reasonable control. Contractor shall make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon the cessation of the cause, diligently pursue performance of its obligations under this contract. 14. Compliance with Applicable Law. Contractor and its subcontractor(s) shall comply with all federal, state, and local laws and ordinances applicable to the work performed under this contract including, but not limited to the following, as applicable: Title VI of the Civil Rights Act of 1964, Section V of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990 (Pub L No. 101-336), ORS 659A.142 and all regulations and administrative rules established pursuant to those laws; and all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. 15. Contractor Certification Regarding Debarment, Suspension, Proposed Debarment and other Responsibility Matters. The Contractor certifies to the best of its knowledge and belief that neither it nor any of its principals: 15.1 Are presently debarred, suspended, proposed for debarment, or declared ineligible from submitting bids or proposals by any federal, state or local entity, department or agency; 15.2 Have within a three-year period preceding this offer, been convicted or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performance of a public(Federal, state or local) contract or subcontract; violation of Federal or state antitrust statues relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statement, tax evasion, or receiving stolen property; 15.3 Are presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph 15.2 of this certification; 15.4 Have within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal, state or local public agency. 15.5 Are on the list titled "Specially Designated Nationals and Blocked Persons" maintained by the Office of Foreign Assets Control of the United States Department of the Treasury and currently found at: http://www.treas.gov/offices/enforc--ment/ofac/sdn/tl lsdn.pdf 16. Oregon Registration. If Contractor is not domiciled in or registered to do business in the State of Oregon, Contractor shall promptly provide to the Oregon Department of Revenue and the Secretary of State Corporation Division all information required by those agencies relative to this contract. 1T Use of County Facilities. Contractor and its employees or agents shall have the right to use only those facilities of County that are necessary to perform the services under this contract and shall have no right of access to any facility of the County without prior approval of County management. County shall have no responsibility for the loss, theft, mysterious disappearance of or damage to equipment, tools, materials, supplies, and other personal property of Contractor or its employees, subcontractors or agents which may be stored on County premises. 18. Publicity. Contractor shall not use in its external advertising, marketing programs or other promotional efforts, any data, pictures, or other representations of the County except on prior specific written authorization from County management. 19. Counterparts. This contract may be executed in several counterparts, each of which shall be an original, all of which shall constitute one and the same instrument. 20. Warranties. Contractor represents and warrants to County that: (a) Contractor has the power and authority to enter into and perform the contract, (b) the contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, and (c) Contractor's performance under the contract shall be in a good and workmanlike manner and in accordance with the professional standards. 21. Records. Contractor shall maintain all fiscal records relating to this contract in accordance with generally accepted accounting principles. In addition, Contractor shall maintain any other records pertinent to this contract in such a manner as to clearly document Contractor's performance hereunder. Contractor acknowledges and agrees that County and its duly authorized representatives shall have access to such fiscal records and all other books, documents, papers, plans, and writings of the Contractor that are pertinent to this contract for the purpose of making audits, examinations, excerpts, copies and transcriptions. In addition, Contractor shall permit authorized representatives of the County to perform site reviews for all Services Delivered by Contractor. All such fiscal records, books, documents, papers, plans, and writing shall be retained by Contractor and kept accessible for a minimum of three years, except as required longer by law, following final payment and termination of this contract, or until the conclusion of any audit, controversy, or litigation arising out of or related to this contract, whichever date is later. All subcontracts shall also comply with these provisions. If OMB Circular A-133 is applicable to this Agreement, then Contractor shall supply County with Contractor's DUNS Number. 22. Work Product. All work products of the Contractor which result from this contract("the work products"), except material previously and mutually identified as confidential or proprietary, shall be provided to County upon request and shall be considered the exclusive property of the County. In addition, if any of the work products contain intellectual property of the Contractor that is or could be protected by federal copyright, patent, or trademark laws, or state trade secret laws, Contractor hereby grants County a perpetual, royalty-free, fully paid-up, nonexclusive and irrevocable license to copy, reproduce, perform, dispose of, use and re-use, in whole or in part, and to authorize others to do so. Such work products include, but are not limited to: databases, templates, file formats, scripts, links, procedures, materials, training manuals and other training materials, specially created key commands, and any other information, designs, plans, or works provided or delivered to the County or produced by Contractor under this contract. 23. County Policies. During the performance of this contract, Contractor shall follow County's Affirmative Action Program which is to promote the objectives of the Equal Opportunity Commission's guidelines as set forth in the Equal Opportunity Act of 1972, Oregon State Laws, legal mandates, and Presidential Executive Order 11246 entitled Equal Employment Opportunity as amended by Executive Order 11375 and as supplemented in Department of Labor Regulation 41 CFR part 69. Contractor shall also follow the County Harassment Free and Violence in the Workplace Policies. All subcontracts shall also comply with these provisions. 24. Indemnification and Hold Harmless. Contractor shall defend, indemnify and hold harmless the County, its agents, officers, elected officials and employees from and against all claims, demands and judgments (including attorney fees) made or recovered against them including, but not limited to, damages to real or tangible property or for bodily injury or death to any person, arising out of, or in connection with this contract, to the extent such damage, injury or death is caused or sustained in connection with the negligent performance or willful misconduct of Contractor, or its employee, agents or subcontractors. The County agrees to promptly notify Contractor in writing of any such claim or demand to indemnify and agrees to cooperate with Contractor in a reasonable manner to facilitate the defense of such claim. 25. Insurance. Contractor shall provide insurance coverage and limits as described below. All insurance carried by Contractor must be primary to and non-contributory with any insurance, including any self-insurance or retentions carried by the County. A waiver of subrogation in favor of the County shall be required on General Liability, Workers Compensation and Automobile Liability coverage. 25.1 Workers' Compensation Insurance. Contractor shall comply with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers. No Workers' Compensation Insurance has been or will be obtained by the County for Contractor or Contractor's employees and subcontractors. Contractor shall provide and maintain workers' compensation coverage for its employees, officers, agents or partners as required by applicable workers' compensation laws including employers' liability with limits not less than $500,0001 $500,0001 $500,000. 25.2 Commercial General Liability Insurance. Contractor shall at all times carry a Commercial General Liability insurance policy for at least $1,000,000 combined single limit per occurrence and at least $2,000,000 in the aggregate per project, for Bodily Injury, Property Damage, and Personal Injury. This insurance shall include contractual liability coverage for the indemnity provided under this contract. 25.3 Automobile Liability Insurance. Contractor shall at all times carry Automobile Liability Insurance in the amount of$1,000,000 combined single limit per accident for Bodily Injury and Property Damage for Contractor's vehicles, whether owned, hired, or non-owned, which includes coverage for Washington County, its agents, officers, elected officials and employees. 25.4 Professional Liability/Errors and Omissions Insurance. Contractor shat at all times carry a Professional Liability/Errors and Omissions type insurance policy with limits of not less than $1,000,000 each occurrence (or each claim if coverage is afforded on a claims made basis) and $3,000,000 in the annual aggregate. If this policy is a "claims made" type policy, the policy type and company shall be approved by Washington County prior to commencement of the Work, 25.5 Extended Reporting Coverage ("Tail Coverage"). For Professional Liability/Errors & Omissions Insurance written on a "claims made" basis and for any other required liability insurance provided on a "claims made" basis, Contractor shall provide "tail" coverage at the completion of the contract for a duration of thirty-six (36) months or continuous "claims made" liability coverage provided for thirty-six (36) months following contract completion. Continuous "claims made" coverage will be acceptable in lieu of"tail" coverage provided the retroactive date of the coverage is on or before the effective date of this contract.. 25.6 Maximum Deductible/Retention. Any deductible or retention must be disclosed on the certificate of insurance and no deductible or retention may exceed $25,000 without the prior written consent of the County. Contractor is responsible to pay any amounts within the deductible or retention amount. 25.7 Additional Insureds. The State of Oregon, Washington County, their agents, officers, elected officials and employees must be named as additional insureds with respect to Contractor's services to be provided under this Contract. Health Share of Oregon, its agents, officers and employees shall be named as additional insureds if any funding for this contract comes from Health Share of Oregon. All liability insurance policies, with the exception of professional and/or workers compensation policies, must be endorsed to show this additional coverage. 25.8 Insurance Certificates. Contractor shall deliver to the County, prior to the commencement of the work, a certificate of insurance evidencing all policies required by this contract including additional insured provisions afforded by the policy. This requirement can be satisfied by providing a copy of the coverage form and/or the endorsement(s). Further, it is an affirmative obligation upon the Contractor to advise the Contract Administrator within two business days of any substantive change of any insurance policy or endorsement set out herein, and failure to do so shall be construed to be a breach of this contract. 25.9 Subcontractor Insurance. Contractor shall require and verify that all of its subcontractors of any tier provide insurance coverage and limits identical to the insurance required of the Contractor under this contract, unless this requirement is expressly modified or waived by the County.. 26. Survival. The terms, conditions, representations, and all warranties contained in this contract shall survive the termination or expiration of this contract. 27. Amendment. This contract may only be amended by a written amendment signed by authorized agents of both parties. 28. Protecting the Federal Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. The Federal Government suspends or debars Contractors to protect the Federal Government's interests. The Contractor shall not enter into any subcontract in excess of$25,000 with a Contractor that is debarred, suspended, or proposed for debarment unless there is a compelling reason to do so. The Contractor shall require each proposed first-tier subcontractor, whose subcontract will exceed $25,000 to disclose to the Contractor, in writing, whether as of the time of award of the subcontract, the subcontractor, or its principals, is or is not debarred, suspended, or proposed for debarment by the Federal Government. A corporate officer or a designee of the Contractor shall notify the Contract Administrator, in writing, before entering into a subcontract with a party that is debarred, suspended or proposed for debarment. 29. Security of Information 29.1 The County is required to notify its customers if any electronically stored information or written document that contains personal information has been subject to a security breach. Any Contractor of the County who becomes aware of any potential breach of a document or electronic file containing personal information of client of the County will immediately notify the Contract Administrator, who will work with the County Public Information Officer to notify the affected persons. A breach occurs when any unauthorized individual or entity gains access to personal information or when unintended disclosure of personal information is made, for example loss or theft of a electronic device containing personal information, loss or theft of a paper document containing personal information, unauthorized access to a network containing personal information, or a document containing personal information being sent to the wrong address. 29.2 No County Contractor will print a person's full Social Security Number{SSN}on any document that will be sent through the mail, without a written request from the person whose SSN will be printed on the document, except as required by law. The Contractor will use only the last 4 digits of a SSN on all documents unless there is a compelling business reason to use the entire SSN. If a document contains a full SSN, the Contractor will take steps to protect the document from unauthorized disclosure. Contractors will not provide copies of a document containing a full SSN to anyone other than the person whose SSN is listed on the document, except as allowed by State or Federal law. The Contractor may provide a copy of a document to a third party with the SSN redacted if the document is otherwise allowed to be released. No Contractor will publicly post or display a document containing a full SSN. 29.3 Any County Contractor that collects personal information must develop, implement and maintain reasonable safeguards to protect the security and confidentiality of the information. Employees of the Contractor with access to personal information must take reasonable steps to prevent a breach of the information. Reasonable steps include locking file cabinets, monitoring who has access to areas containing personal information, locking computer workstations if leaving the area, and maintaining physical control over files, computer workstations, thumb drives, cds or other media which contains personal information. Contractors must also ensure the proper disposal of documents or other media which contains personal information. Contracting with a document shredding company will be considered proper disposal of paper documents. The Contractor will be responsible for properly disposing of or erasing electronically stored personal information on hard drives, CDs, thumb drives or other devices under their control. 30. Performance Standards. Unless the Contractor is providing architectural, engineering, photogrammetric mapping, transportation planning or land surveying services or related services, as defined in ORS 279C.100, the Contractor must meet the highest standards prevalent in the industry or business most closely involved in providing the goods or services. 31. Remedies. The consequences of the Contractor's failure to perform the scope of work or to meet the performance standards established by this contract may include, but are not limited to: a. Reducing or withholding payment; b. Requiring the Contractor to perform, at the Contractor's expense, additional work necessary to perform the identified scope of work or meet the established performance standards; and c. Declaring a default, terminating the contract and seeking damages and other relief available under the terms of the contract or other applicable law. 32. Whole Contract. THIS CONTRACT CONSTITUTES THE COMPLETE AND EXCLUSIVE STATEMENT OF THE CONTRACT BETWEEN THE PARTIES RELEVANT TO THE PURPOSE DESCRIBED HEREIN AND SUPERSEDES ALL PRIOR AGREEMENTS OR PROPOSALS, ORAL OR WRITTEN, AND ALL OTHER COMMUNICATION BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF TH IS CONTRACT. City of Tigard Police Department Minor Decoy Operations November 1 , 2015 ATTACHMENT A Goal: Minors will have reduced opportunities to obtain alcohol or marijuana in Tigard. Objectives: ■ To help support law enforcement in minor decoy operations • To decrease sales of alcohol or marijuana to minors in the Tigard community. ■ To help educate community members of the criminal and civil consequences of unlawful alcohol or marijuana activities ■ To participate in training and information-sharing related to minor decoy operations. Outcomes: ■ A minimum of 2 minor decoy operations will be conducted by .June 15, 2016 ■ Each completed operation will be followed by a press release from the Department to the local media publicizing the results. • Materials provided by the Washington County Prevention Coordinator and other prevention messages will be distributed to 3,000 community contacts via social media, Department website, or newsletter at least 2 times during the contract period. ■ Department staff will participate in the semi-annual County-Wide Minor Decoy Advisory meetings. Reporting: The Department will submit the following data on each invoice and provide copies of any related press releases issued during the reporting period. For Minor Decoy operations: 1) Number of establishments visited, 2) Number of sales/no sales, 3) Name of establishments that sold, 4) which operations OLCC was involved in and 5) Number of Citations issued. City of Tigard Police Department Minor Decoy Operations November 1, 2015 ATTACHMENT B From November 1 , 2015 through June 30, 2016, Washington County will reimburse Contractor for true and verifiable expenses up to four thousand five hundred dollars and no/cents ($4,500.00) for the satisfactory delivery of services defined in the Request for Proposals, Contractor's proposal, and described in Attachment A of this contract. The following process shall be followed in the allocation of contract dollars. Contractor may submit an invoice to request reimbursement for true and verifiable expenses incurred in following each Minor Decoy operation. The final invoice will be submitted by July 15, 2016. At the time Contractor submits final monitoring and fiscal reports, Contractor shall reimburse County any funds advanced which were not expended. Performance, outcome and fiscal monitoring reports are due from Contractor within one month following each Minor Decoy operations as defined in the above Reporting section. Following demonstration of satisfactory utilization, performance, and outcomes, County will continue to reimburse invoices. Agency progress towards contracted utilization, performance, and outcomes will be reviewed quarterly. If contractor is less than 50% utilized at by March 31, and '100% by June 30 unless defined otherwise in Attachment A), the County reserves the right to modify payment of County funds to reflect actual utilization levels. Similarly, the County reserves the right to modify or terminate the contract if agency performance and/or outcomes are less than 85% of the levels detailed in Attachment A. Delay in receipt of complete monitoring reports or monthly reimbursement invoices will result in a delay in the disbursement of contract funds and may result in a penalty up to and including a 10 percent reduction in funds allocated in the next monthly check. All contract payments are subject to the availability of funds and will be paid subsequent to County receipt of payments from the Oregon Health Authority's Addictions and Mental Health Division. A&D Prevention SE 70 706015-7060601 CFDA #93.959 Block Grants for Prevention and Treatment of Substance Abuse ATTACHMENT D - MODIFICATIONS TO STANDARD INSURANCE REQUIREMENTS This attachment identifies modifications to the standard insurance requirements set forth in section 25 of the County Contract Agency General Conditions between Washington County and City of Tigard. In order to effectively modify the standard insurance requirements, this attachment must be signed by the County's Risk Manager or designee. The insurance requirements are modified as follows: 1. COMMERCIAL GENERAL LIABILITY INSURANCE. If commercial general liability insurance is required, the policy shall name the State of Oregon, its officers, employees and agents, Health Share of Oregon, Washington County, its agents, officers, elected officials and employees, as an ADDITIONAL INSURED by separate endorsement. This insurance shall include contractual liability coverage for the indemnity provided under this contract. ® Not required. ❑ COMMERCIAL GENERAL LIABILITY INSURANCE with limits of not less than: ❑ $500,0001$1,000,000, or ❑ $2,000,0001$4,000,000, or ❑ Other.- $1,800,000/ ther:$1 8000001 3,600,000 each occurrence/aggregate for Bodily Injury and Property Damage. 2. AUTOMOBILE LIABILITY INSURANCE. The policy will include coverage protecting Washington County during the term of this contract. Z Not required. ❑ AUTOMOBILE LIABILITY INSURANCE with a combined single limit, or the equivalent of not less than: ❑ $2,000,000, or ❑ Other: $1,800,000 per occurrence and $3,600,000 aggregate each accident for Bodily Injury and Property Damage. ❑ No requirement in excess of that provided for under state law. 3. PROFESSIONAL LIABILITY INSURANCE ® Not required. ❑ PROFESSIONAL LIABILITY INSURANCE with a combined single limit, or the equivalent, of not less than: ❑$1,000,0001$3,000,000, or ❑ $2,000,0001$4,000,000, or ❑ Other: $1,800,0001$3,600,000 aggregate each occurrence/aggregate to cover damages caused by error, omission or negligent acts related to the professional services to be provided under this contract. 4. OTHER COVERAGE REQUIRED ❑ POLLUTION OR ❑ ASBESTOS LIABILITY INSURANCE with limits of not less than $ million each occurrence (or each claim if coverage is afforded on a claims made basis) and $ million in the annual aggregate to cover damages due to Bodily Injury, Property Damage and Environmental Damage resulting from "sudden accidental" or "gradual" pollution and related cleanup costs. ❑ EMPLOYEE DISHONESTY AND MONEY AND SECURITIES with a limit of not less than $ to cover Theft, Disappearance and Destruction of cash or negotiable securities in the care, custody or control of the contractor for County or on behalf of County clients. ❑ ADDITIONAL INSURED ENDORSEMENT naming "Washington County, its agents, officers, elected officials and employees" with respect to liability for "Bodily Injury" and "Property Damage" included in the "products-completed operations hazard." ® OTHER (describe coverage and limits). Contractor is required to maintain Workers Compensation coverage per State Law. Proof of coverage is not required. A copy of the policy or Certificate of Insurance and endorsements, where required, acceptable to the COUNTY for each policy required above shall be filed with the COUNTY prior to the effective date of this contract. The Contractor shall advise the Contract Administrator within two business days of any substantive change to any insurance policy or endorsement. Approved by Risk Management Division: By: Ls � Date: �l