NOFO 2024-93 for Recovery Center construction and operations.pdf

CLACKAMAS BOARD OF COUNTY COMMISSIONERS

Notice of Funding Opportunity # 2024-93 FOR THE

Construction, and operations of a Recovery Center for treatment and recovery

BOARD OF COUNTY COMMISSIONERS

TOOTIE SMITH, Chair

PAUL SAVAS, Commissioner MARTHA SCHRADER, Commissioner

MARK SHULL, Commissioner BEN WEST, Commissioner

Gary Schmidt County Administrator

Cindy Becker Project Manager, County Administration

CLOSING DATE, TIME AND LOCATION

DATE: November 21, 2024

TIME: 3:00 pm

PLACE: https://bidlocker.us/a/clackamascounty/BidLocker https://bidlocker.us/a/clackamascounty/BidLocker

TABLE OF CONTENTS

Section 1 – Notice of Funding Opportunity

Section 2 – Instructions for submittal

Section 3 – Program Description

Section 4 – Proposal Content

Section 5 – Evaluation and Selection Criteria

SCHEDULE

Notice of Funding Opportunity Issued September 30, 2024 Property Tour October 10, 2024

3:00PM PST

Virtual Mandatory Proposal Meeting October 22, 2024

3:00PM PST

Deadline to Submit Clarifying Questions October 25, 2024

3:00PM PST

Proposal Due Date November 21, 2024

3:00PM PST

Selection of Awardee (Estimated) December, 2024

Page ii

SECTION 1

NOTICE OF FUNDING OPPORTUNITY

Notice is hereby given that Clackamas County, through its Board of County Commissioners and the Health, Housing & Human Services Department (“H3S”) will receive Proposals per specifications until 3:00 PM, November 21, 2024 (“Closing”), for the construction, and operations of a Recovery Center for treatment and recovery.

Location of documents: OregonBuys Documents can be downloaded from the state of Oregon procurement website (“OregonBuys”) at the following address https://oregonbuys.gov/bso/view/login/login.xhtml, Document No S-C01010- 00011684.

Prospective Proposers will need to sign in to download the information and that information will be accumulated for a Plan Holder's List. Prospective Proposers are responsible for obtaining any Addenda, clarifying questions, and Notices of Award from OregonBuys.

Submitting Proposals: Bid Locker Proposals will only be accepted electronically through a secure online bid submission service, Bid Locker.

Email submissions to Clackamas County email addresses will no longer be accepted.

A. Completed proposal documents must arrive electronically via Bid Locker located at https://bidlocker.us/a/clackamascounty/BidLocker.

B. Bid Locker will electronically document the date and time of all submissions. Completed documents must arrive by the deadline indicated in Section 1 or as modified by Addendum. LATE

PROPOSALS WILL NOT BE ACCEPTED.

C. Proposers must register and create a profile for their business with Bid Locker to submit for this project. It is free to register for Bid Locker.

D. Proposers with further questions concerning Bid Locker may review the Vendor’s Guide located at https://www.clackamas.us/how-to-bid-on-county-projects .

Contact Information

Process and Technical Questions: Bouavieng Bounnam BBounnam@clackamas.us

Clackamas County encourages proposals from Minority, Women, Veteran and Emerging Small Businesses.

Per the Civil Rights Act of 1964, no person shall, on the basis of race, color, or national origin, be excluded from participation, be denied the benefits of, or be subjected to discrimination under any County program, service or activity.

Mandatory Pre-Proposal Meeting:

• A Virtual mandatory pre-proposal meeting will be conducted on October 22, 2024 at 3:00 PM Pacific Time.

Join Zoom Meeting via the following link:

https://clackamascounty.zoom.us/j/81768869179

• A (non-mandatory) tour of the site for proposers will be available on October 10, 2024, 3:00 PM Pacific Time at the following location: 15301 SE 92nd Avenue, Clackamas. (Meet at the front of the school building) https://oregonbuys.gov/bso/view/login/login.xhtml https://bidlocker.us/a/clackamascounty/BidLocker https://www.clackamas.us/how-to-bid-on-county-projects mailto:BBounnam@clackamas.us https://clackamascounty.zoom.us/j/81768869179

SECTION 2

INSTRUCTIONS FOR SUBMITTALS

2.1 Purpose and Award:

The purpose of this Notice of Funding Opportunity is to identify and select one or more proposers to be granted funds for the construction and operations of a recovery center located within Clackamas County (the ”Recovery Center”). The intent of this NOFO is to a grant funding for the development and operations of this new resource. Clackamas County reserves the right to award one, multiple, or no grants from this funding opportunity.

Clackamas County intends that the Recovery Center will be located on certain real property (approximately 6.3 acres) described as 15301 SE 92nd Avenue in Clackamas (the “Property”) that Clackamas County expects to acquire on or before an award of a grant under this NOFO. Award of a grant under this NOFO will be contingent upon the occurrence of the following: (1) Clackamas County’s acquisition of the Property; and (2) Clackamas County’s determination that it obtained all necessary zoning approvals, use authorization, and other approvals as may be necessary to use the Property for the purpose of the program described in Section 3.

The Property will be leased to a successful proposer as-is. Clackamas County makes no representations or warranties as to the condition of the Property or its fitness for any particular use. A successful proposer will be required to perform its own due diligence of the Property as part of developing a proposal to this

NOFO.

2.2 Submission Due Dates:

The County will receive proposals per specifications until 3:00 PM PST, November 21, 2024. The County reserves the right to close this funding opportunity at any time and issue awards as it sees fit.

2.3 Questions and Comments:

Any respondent requiring clarification of the information must submit specific questions or comments to the NOFO contact via email. The deadline for submitting such questions is October 25, 2024, 3:00PM PST. If in Clackamas County’s opinion additional information or interpretation is necessary, such information will be supplied in the form of an addendum through email to the same contact as identified on the registration form. Such addenda shall have the same binding effect as though contained in the main body of the Notice of Funding Opportunity. Oral instructions given to prospective respondents by Clackamas County employees or its agents shall not bind Clackamas County. All Addenda shall be issued by Clackamas County not less than three (3) calendar days prior to the submission deadline.

2.4 All questions should be submitted in writing, by email to: Bouavieng Bounnam BBounnam@clackamas.us mailto:BBounnam@clackamas.us

SECTION 3

PROGRAM DESCRIPTION

3.1. INTRODUCTION

The Health, Housing & Human Services Department (H3S) seeks to partner with community-based organizations, developers, or other qualified applicants in developing and operating property for use in providing recovery-oriented services to individuals with substance use disorders.

This NOFO makes funding available for the construction, and/or rehabilitation, expansion, or other physical improvements for the Recovery Center located at 15301 SE 92nd Avenue in Clackamas (“the Property). It may also include funding for ongoing operations.

The selected proposer may be a single entity or a team and must demonstrate experience in the following areas:

• Capital development of similar facilities; AND

• Operating/delivering similar services for people with substance use disorders.

3.2 BACKGROUND

In April 2023, Clackamas County passed a resolution to address addiction, homelessness and mental health—taking the long view and recognizing these must be addressed systemically and interdependently in order to provide someone the best chance of self-sufficiency and a better life.

In doing so, the County threw its support behind a model that puts recovery first—a coordinated system of services and supports that provides many pathways to recovery based on each person’s needs.

After holding a Clackamas Addictions Recovery Summit in September, where national and international experts shared recommendations based on best practices, the County is now forging ahead with bold action to build up this new Recovery Oriented System of Care.

A key recommendation by the experts and the catalyst for this NOFO was the development and operation of a recovery center for individuals with substance use disorders. Following this recommendation, the County is developing a Recovery Center which will provide immediate support and direct access to assessment, treatment, and recovery transitional housing to help individuals achieve and sustain long-term recovery.

GENERAL INFORMATION

The Recovery Center is a project led by Clackamas County that will be the cornerstone in the County’s Recovery Oriented System of Care for individuals with substance use disorders.

VISION

Clackamas County envisions recovery for all individuals struggling with substance use.

MISSION

To ensure that individuals struggling with substance use receive timely, person-centered support, treatment, and resources to help them achieve and sustain long-term recovery.

GOALS

• People in recovery are housed

• People in recovery are healthy

• People in recovery have purpose through work, education, or other activity

• People in recovery have a strong community of support

OBJECTIVES

• To intervene early with individuals with substance use disorders

• To ensure immediate access and availability of needed services

• To support sustained recovery

• To create and expand partnerships with formal and informal systems

• To decrease the number of deaths related to substance use

OPERATING GUIDELINES

The following guidelines must be incorporated into all services:

• Services must be:

• Recovery-oriented.

• Rapidly accessible with multiple pathways to enter services.

• Culturally responsive and client driven; and

• Voluntary, with no person required to participate in a particular activity to receive services.

• People with lived experience of having a substance use disorder (peers) must be integrated throughout Recovery Center’s services.

• Care is coordinated across services systems on and off site.

• Family, friends, and other supports are engaged wherever possible.

• The Center has a trauma informed physical design and services are based on trauma informed principles.

• Support is provided to individuals as they re-enter the community.

• Strong partnerships with public safety and medical providers are established to divert individuals from inappropriate use of jail or emergency room resources.

SERVICES to be Provided (not an exhaustive list):

• Assessment, Triage and Intake

• Stabilization

• Detox (withdrawal management)

• Outpatient SUD Services

• Mental Health Treatment

• Medication Assisted Treatment

• Peer Support

• Recovery Transitional Housing

• Residential Treatment Beds

• Job Training

• Care Coordination

MEASURES

Outcome measures – for both individuals and systems – will align with existing state and federal measures and could include such areas as:

Individual:

• Abstinence from drug/alcohol use

• Getting and keeping a job or returning to school

• Decreased criminal justice involvement

• Retention in treatment

• Increased stability/retention in housing

• Increased social supports

• Individual’s perception of services/supports

System

• Timely access to care

• Cost effectiveness

• Use of evidence-based practices

• Coordination with other services

3.3. PROGRAM DESCRIPTION

3.3.1. Scope:

Project Description:

The County envisions a campus with co-located services provided by multiple providers but managed by a primary provider agency. The Recovery Center will consist of one or more separate buildings on a single campus offering a continuum of services, from intake to treatment and housing. For example, one building could offer assessment, support, and clinical treatment services, while the other(s) could offer transitional housing, and other supports as indicated.

This NOFO makes funding available for the construction, and/or rehabilitation, expansion, or other physical improvements to the Property to develop the Recovery Center. It may also include funding for ongoing operations.

Eligible Construction/Development Costs include, but are not limited to:

1. Land/Property

2. Demolition/site preparation

3. Design, architectural, and engineering work

4. Building permits and fees

5. Construction costs

6. Furniture, fixtures, and equipment

7. Project administration and overhead

8. Landscaping

The County reserves the right to provide additional funding, as determined by the County at its sole discretion, for other necessary costs that may arise.

Services From an operating perspective, the County is looking for a lead proposer that will bring in/partner with other providers to deliver the various services. Proposers should identify which services they will provide directly and which they would subcontract for should they be awarded a grant under this NOFO. Services with an asterisk (*) should be located on-site. Proposers should also identify any other services that will be provided to individuals served by the Recovery Center and where they would be provided.

• Assessment and Triage*: Assess individual’s presentation to determine what supports and services can be provided at the Center or referred out to a different level of care, such as an emergency room.

• Outpatient substance use and mental health treatment*: A non-residential, therapy-based treatment for drug and alcohol addiction or mental health conditions that do not require round-the clock care and does not include housing.

• Medication-Assisted Treatment*: The use of medications in combination with counseling and behavioral therapies for the treatment of substance use disorders.

• Withdrawal Management (aka Detoxification)*: Medically monitored support to individuals who have developed a physiological dependence on various substances. The average duration of treatment is 3-5 days.

• Stabilization: A flexible, short-term program (1-4 days) that provides immediate services to individuals in a safe environment while they are waiting to access other care. This program may also be used for short-term stays to support individuals as they are transitioning from one service to another.

• Substance Use Disorder Residential Treatment*: Provide housing and treatment services for individuals with substance use with varying lengths of stay.

• Care Coordination*: A coordinated approach to connecting individuals with community resources to meet the physical, behavioral health and dental care of the individual. Assist with removing barriers to access and engagement.

• Peer Support*: There are different types of peer support, but they all aim to bring together people with shared experiences to support each other, provide a space where individuals feel accepted and understood, and treat everyone's experiences as being equally important.

• Recovery Transitional Housing*: Short term (up to 1 year) housing with supportive services.

• Medical Services: Services related to physical illness and injury and can include prevention.

• Dental Services: Services for the diagnosis, prevention, treatment or cure of a dental condition, illness, injury or disease.

• Supported Employment: Competitive integrated employment, including customized employment, with ongoing support services for individuals with the most significant disabilities consistent with their strengths, abilities, interests, and informed choice.

Capacity The County will consider recommendations from proposers regarding the capacity for each of the services.

However, for perspective or sizing, the County is initially envisioning approximately 8-12 beds for detox/withdrawal management, 25-35 beds for residential treatment, and 20-25 beds for transitional housing along with space for outpatient and other services and amenities, such as space for participants to house their pets during recovery.

3.3.2 Role of Successful Proposer

In addition to development activities, the selected proposer will participate with County staff in key activities throughout the development of the Recovery Center including, but not limited to:

• Engaging with elected leaders, community members, and businesses to increase awareness and understanding of the project and to establish positive relations with neighbors, including through a comprehensive communications and community engagement plan

• Pursing capital and operations funding from public and private payors

• Developing agreements with law enforcement and first responders, as needed

• Obtaining all necessary approval from the Oregon Health Authority and/or other regulatory agencies to operate the services

• Obtaining all necessary permits, authorizations, or other approvals as may be necessary to operate a

Recovery Center

• Coordinating system planning and developing system coordination, assessment, and triage plans with identified system partners

• Developing agreements with providers to coordinate services provided on or off site.

• Billing public and commercial insurance, where available

• Executing contracts with Health, Housing and Human Services and with other organizations to serve specific populations, such as residents who are not eligible for the Oregon Health Plan

3.3.3 Budget

Development and operations of the Recovery Center shall be phased-in depending upon the availability and timing of capital funding. Clackamas County anticipates making funding available in an amount between $15 and $45 million for capital development of the Recovery Center through this NOFO. The full funding and budget picture will be developed in partnership with the successful proposer(s). Capital funding will come from a mixture of sources including federal (Medicaid), state, and local resources.

Proposers are encouraged to include information about funding opportunities that can be brought to or leveraged for this project in their responses, including one-time capital funding and ongoing operations funding.

3.3.4 Term of Grant:

Clackamas County expects the term of the grants to range from between 1 to 5 years, with the option for renewals or extensions based upon the availability of additional funding.

3.3.5 Sample Grant Agreement: Submission of a Proposal in response to this Notice indicates Submitter’s willingness to enter into a federal subrecipient grant agreement with the County in substantially the form attached hereto. No action or response to the sample grant is required under this Notice.

3.3.6 Insurance: The successful proposer will be required to hold and maintain the following insurance policies:

Commercial General Liability: combined single limit, or the equivalent, of not less than

$1,000,000 per occurrence, with an annual aggregate limit of $2,000,000 for Bodily Injury and Property Damage.

Professional Liability: combined single limit, or the equivalent, of not less than $1,000,000 per occurrence, with an annual aggregate limit of $2,000,000 for damages caused by error, omission or negligent acts.

Automobile Liability: combined single limit, or the equivalent, of not less than $1,000,000 per occurrence for Bodily Injury and Property Damage.

Abuse and Molestation: combined single limit, or the equivalent, of not less than $1,000,000 per occurrence.

A successful proposer who will perform construction work will also be required to maintain property insurance (Builders Direct Risk insurance) upon the entire work at the site to the full insurable value thereof. This policy shall insure against the perils of fire and extended coverage and shall include all risk insurance for physical loss or damage including without duplication of coverage, theft, vandalism and malicious mischief (and earthquake and flood). The policy shall be extended to include extra expense coverage (including but not limited to legal/professional fees, debt service payments, insurance premiums, etc.) and with limit equal to 5% of the building value but not less than $50,000. This policy shall be extended to covered property stored off the site or in transit.

The County may, in its sole discretion, require a successful proposer to maintain insurance policies in addition to those listed above.

Proposers should be aware that any continuation, extension, or renewal of a grant issued under this NOFO, or any increase to funding, may be subject to additional terms and conditions, including additional state or federal funding source requirements. Additional terms and conditions will be included as part of an amendment to a grant issued under this NOFO.

3.3.7 Lease: A successful proposer will be required to enter into a long-term lease with County for use of the Property.

SECTION 4

SUBMISSION CONTENTS

4.1. Proposers must observe submission instructions and be advised as follows:

4.1.1 Submissions will only be accepted electronically through Equity Hub’s Bid Locker. Email submissions to Clackamas County email addresses will no longer be accepted.

4.1.2 Completed documents must arrive electronically via Equity Hub’s Bid Locker located at https://bidlocker.us/a/clackamascounty/BidLocker.

4.1.3 County reserves the right to solicit additional information or clarification from the proposer, should the County deem such information necessary.

4.1.4 Submissions should not exceed 12 pages, excluding the proposed budget.

4.1.5 Proposers costs of developing a proposal or any subsequent request for information, costs of attendance at a tour of the Property, or any other costs incurred as a result of this NOFO are entirely the responsibility of the proposer and will not be reimbursed in any manner by Clackamas County.

Provide the following information in the order in which it appears below:

4.2 Proposer’s General Background and Qualifications:

• Description of the proposer.

• Credentials/experience of key individuals that would be assigned to this project.

• Description of experience with acquisition, construction, and/or rehabilitation, expansion, or other physical improvements to new or existing real property and other relevant experience.

• Description of experience providing recovery-oriented services to individuals with substance use disorders.

• Description of the proposer’s ability to meet the requirements in Section 3.3, Program Description.

• Proposer’s Unique Entity Identifier (UEI) number and other information such as active SAM.gov registration as may be required to ensure proposer is not disbarred or suspended for participating in federal awards.

https://bidlocker.us/a/clackamascounty/BidLocker

4.3 Development Options

The County is interested in phasing in the structures and services based on different levels of start-up funding. As such, proposers are asked to develop project responses for two options that include:

1. Availability of $15-20 million in capital funds

2. Availability of $35-40 million in capital funds

Please address the following information for both #1 and #2 above.

Proposers may develop two different responses or a single response that clearly delineates the different levels of funding.

Project Description

Describe the proposed project model, planned use of the Property, planned capacity for the different service and housing offerings, safety measures, and anything else specific to the project.

Project budget Describe estimated construction plans with detailed cost estimates including a “sources and uses” list equal to the project budget. Describe composition of project funding, any anticipated funding gap, and proposed plan to address the gap. If the proposal contemplates utilizing additional funding sources, the proposal should identify those sources and any conditions, restrictions, or contingencies that may be required.

Program

Describe programs and services planned to be delivered at the project site along with those that may be delivered in other locations. Describe the extent to which the proposer will include multiple providers in the delivery of services – on or off-site. NOTE:

Final programs may be developed in partnership with Clackamas County.

Experience Describe the proposer’s experience in developing recovery-oriented services including both physical structures and services. Identify location(s), types of services provided, capacity, and Proposer’s role.

Community Engagement

Describe recommended strategy(s) for communications and community engagement processes and plans. (Such community engagement may be requested to be conducted with the County)

Safety Measures

Describe safety and security measures for individuals receiving services, staff, and the surrounding community.

Project Timeline Provide a timeline for project, including key milestones for pre- development and design, permitting, contractor and consultant phases, construction start date and goal date for opening.

Additional Funding

Identification of additional funding resources and opportunities.

4.4 References

Provide at least three (3) references from clients your organization has served similar to the County in the past three (3) years, including one client that has newly engaged the organization in the past thirty-six (36) months and one (1) long-term client. Provide the name, address, email, and phone number of the references. Please note the required three references may not be from County staff.

SECTION 5

EVALUATION PROCEDURE

5.1 An evaluation committee will review all submissions that are initially deemed responsive, and they shall rank the submissions in accordance with the below criteria. The evaluation committee may recommend an award(s) based solely on the written responses or may request interviews/presentations. Interviews/presentations, if deemed beneficial by the evaluation committee, will consist of the highest scoring Proposers. The invited will be notified of the time, place, and format of the interview/ presentation. Based on the interview/presentation, the evaluation committee may revise their scoring.

Written submissions must be complete, and no additions, deletions, or substitutions will be permitted during the interview/presentation. The evaluation committee will recommend awarding a contract to the final County decision maker based on the highest scoring submission. The County decision maker reserves the right to accept the recommendation, award to a different Proposer, or reject all submissions and cancel the Notice of Funding Opportunity.

Proposers are not permitted to directly communicate with any member of the evaluation committee during the evaluation process. All communication will be facilitated through the Procurement representative.

Area Consideration Max Score

Complete description of physical structures and planned capacity for services and housing that demonstrate understanding of the project scope.

Evaluation will be based upon the project description and the degree to which it satisfies the program elements of this NOFO and addresses the County’s goals of providing a recovery center for individuals with substance use disorders.

Budget and Funding

Detailed cost estimates for:

• all phases of construction, including safety measures

• ongoing operating costs

Evaluation will be based upon detail of proposed budget, overall costs, availability of funding, feasibility, and related factors.

Timeline

Completion of a realistic timeline for the entire project, including milestones, and goal date for Project opening.

Evaluation will be based upon the timeliness and feasibility of the proposed completion dates.

Program

Complete description of programs and services planned to be delivered at the site, along with those delivered in other locations.

Evaluation will be based upon the degree to which the programs and services planned satisfy the program elements of the NOFO and addresses the County’s goals of providing a recovery center for individuals with substance use disorders.

Experience Experience developing similar capital projects and delivering similar recovery-oriented services.

Evaluation will be based upon successful delivery of prior programs.

Safety

Measures

Describe safety and security measures for individuals receiving services, staff, visitors and the surrounding community.

Evaluation will be on the identification of measures on the property, for staff, or visitors, and the community.

Community Engagement

Experience engaging with residents and businesses while developing similar services.

Evaluation will be based upon the proposed community engagement plan or process for the project.

Additional

Project Funding

Identification of additional one-time funding for capital development and ongoing funding for program operations.

Evaluation will be based upon proposed strategies and resources to bring or leverage funding for capital development.

TOTAL

5.2 Once a selection has been made, the County will enter into grant negotiations. During negotiation, the County may require any additional information it deems necessary to clarify the approach and understanding of the program. Any changes agreed upon during grant negotiations will become part of the final grant agreement. If the County is unable to come to terms with the highest scoring Proposer, discussions shall be terminated, and negotiations will begin with the next highest scoring Proposer.

The County may award more than one grant as a result of this NOFO if the County determines, in its sole discretion, that a single proposer cannot satisfy all the program elements set forth in Section 3. If the County awards more than one grant as a result of this NOFO, such grants may be for all, or a portion of the program elements set forth in Section 3 of this NOFO.

SAMPLE FEDERAL SUBRECIPIENT AGREEMENT

CLACKAMAS COUNTY, OREGON

SUBRECIPIENT GRANT AGREEMENT XX-XXX

Project Name:

Project Number:

This Agreement is between Clackamas County, Oregon, acting by and through its Department of Health, Housing and Humans Services, Social Services Division (“COUNTY”), and XXXXX (“SUBRECIPIENT”), an Oregon Nonprofit Corporation.

Clackamas County Data Grant Accountant: Program Manager:

Clackamas County – Finance Clackamas County – 2051 Kaen Road XXXX Oregon City, OR 97045 Oregon City, OR 97045

(503) XXX-XXXX (503) XXX-XXXX

XXXX@clackamas.us XXXX@clackamas.us Subrecipient Data Finance/Fiscal Representative: Program Representative:

UEI: XXXXX

RECITALS

1. [Statement about County’s need for program services.]

2. [Statement about Subrecipient’s background supporting County’s choice of subrecipient, e.g. Subrecipient has provided XYZ types of services in the past, County has used subrecipient for similar services, etc. Also include that the subrecipient was chosen out of a NOFO process conducted on XXX date. If there is a possibility of renewal given the NOFO parameters, state that the County may renew this award for an additional X years at the County’s sole discretion.]

3. [Statement about what County is requiring of subrecipient given the nature of the federal and state programs funding this Agreement.]

4. [Project summary; this statement is used to describe the program we are establishing to the public when the County does its FFATA reporting, when required.]

NOW THEREFORE, according to the terms of this Subrecipient Grant Agreement (this “Agreement”) the COUNTY and SUBRECIPIENT agree as follows:

AGREEMENT

1. Term and Effective Date. This Agreement shall become effective on the date it is fully executed and will terminate on XXXX, 202X, unless sooner terminated or extended pursuant to the terms hereof. Eligible expenses for this Agreement may be charged during the period beginning XXXX, 202X and expiring XXXX, 202X, subject to additional restrictions set forth below and to the exhibits attached hereto, and unless this Agreement is sooner terminated or extended pursuant to the terms hereof. No grant funds are available for expenditures after the expiration date of this Agreement.

2. Program. The Program is described in Exhibit A, Subrecipient Statement of Program Objectives & Performance

Reporting, attached hereto and incorporated by reference herein. SUBRECIPIENT agrees to carry out the Program in accordance with the terms and conditions of this Agreement and according to SUBRECIPIENT scope of work in Exhibit A.

3. Standards of Performance. SUBRECIPIENT shall perform all activities and programs in accordance with the requirements set forth in this Agreement and all applicable laws and regulations. Furthermore, SUBRECIPIENT shall perform all activities and programs in with the requirements of the [name of federal agency and federal program; add state agency and state program, if applicable] that is[are] the source of the grant funding and other required information in the Exhibits, which are attached to and made a part of this agreement by this reference. SUBRECIPIENT shall further comply with any and all terms, conditions, and other obligations as may be required by the applicable local, State or Federal agencies providing funding for performance under this Agreement, whether or not specifically referenced herein. SUBRECIPIENT agrees to take all necessary steps, and execute and deliver any and all necessary written instruments, to perform under this Agreement including, but not limited to, executing all additional documentation necessary to comply with applicable State and Federal funding requirements.

4. Grant Funds. COUNTY’s funding for this Agreement is the [federal program] (Assistance Listing Number [“ALN”] #: XX.XXX) issued to COUNTY by [agency or agencies, with abbreviations, e.g. “DHS”]. The maximum, not to exceed, grant amount COUNTY will pay is $XXXXX. This is a [fixed unit price grant or cost reimbursement grant or cost reimbursement grant with advance, etc.], the award is conditional and disbursements will be made in accordance with the schedule and requirements contained in Exhibit D, Reimbursement Request. Failure to comply with the terms of this Agreement may result in COUNTY holding SUBRECIPIENT in default and pursuing all rights and remedies available to COUNTY at law, in equity, or under this Agreement including, but not limited to, withholding of payment. Funds advanced and unspent must be returned to COUNTY within 30 days of the end of termination period in Section 1 if award conditions are not met.

4.1. [Source, revenue agreement number, revenue agreement award date, program name, amount we are passing to sub]

4.2. [Continue…]

5. Amendments. The terms of this Agreement shall not be waived, altered, modified, supplemented, or amended, in any manner whatsoever, except by written instrument signed by both parties. SUBRECIPIENT must submit a written request including a justification for any amendment to COUNTY in writing at least forty five (45) calendar days before this Agreement expires. No payment will be made for any services performed before the beginning date of eligible services period, as identified in Section 1 above, or after the expiration date of this Agreement. If the maximum compensation amount is increased by amendment, the amendment must be fully executed before SUBRECIPIENT performs work subject to the amendment.

6. Termination. This Agreement may be suspended or terminated prior to the expiration of its term as follows:

a. At COUNTY’s discretion, upon thirty (30) days’ written notice to SUBRECIPIENT;

b. Upon SUBRECIPIENT’s default under this Agreement, following thirty (30) days’ written notice with an opportunity to cure;

c. Upon mutual agreement by COUNTY and SUBRECIPIENT;

d. Immediately upon written notice provided by COUNTY that [insert acronyms for funding agency(s)] has determined funds are no longer available for this purpose; or

e. Immediately upon written notice provided by COUNTY that it lacks sufficient funds, as determined by

COUNTY in its sole discretion, to continue to perform under this Agreement.

Upon completion of improvements or upon termination of this Agreement, any unexpended balances shall remain with COUNTY.

7. Effect of Termination. The expiration or termination of this Agreement, for any reason, shall not release

SUBRECIPIENT from any obligation or liability to COUNTY, or any requirement or obligation that:

a. Has already accrued hereunder;

b. Comes into effect due to the expiration or termination of the Agreement; or

c. Otherwise survives the expiration or termination of this Agreement.

Following the termination of this Agreement, SUBRECIPIENT shall promptly identify all unexpended funds and return all unexpended funds to COUNTY. Unexpended funds are those funds received by SUBRECIPIENT under this Agreement that (i) have not been spent or expended in accordance with the terms of this Agreement; and (ii) are not required to pay allowable costs or expenses that will become due and payable as a result of the termination of this Agreement.

8. Funds Available and Authorized. COUNTY certifies that it has received an award sufficient to fund this

Agreement. SUBRECIPIENT understands and agrees that payment of amounts under this Agreement is contingent on COUNTY receiving appropriations or other expenditure authority sufficient to allow COUNTY, in the exercise of its sole administrative discretion, to continue to make payments under this Agreement.

9. Future Support. COUNTY makes no commitment of future support and assumes no obligation for future support for the activity contracted herein except as set forth in Section 8.

10. Federal and State Procurement Standards

a) All procurement transactions, whether negotiated or competitively bid and without regard to dollar value, shall be conducted in a manner so as to provide maximum open and free competition. All sole-source procurements must receive prior written approval from COUNTY in addition to any other approvals required by law applicable to SUBRECIPIENT. Justification for sole-source procurement should include a description of the project and what is being contracted for, an explanation of why it is necessary to contract noncompetitively, time constraints and any other pertinent information. Interagency agreements between units of government are excluded from this provision.

b) COUNTY’s performance under the Agreement is conditioned upon SUBRECIPIENT’s compliance with, and

SUBRECIPIENT shall comply with, the obligations applicable to public contracts under the Oregon Public Contracting Code and applicable Local Contract Review Board rules, which are incorporated by reference herein.

c) SUBRECIPIENT must maintain written standards of conduct covering conflicts of interest and governing the performance of its employees engaged in the selection, award and administration of contracts. If SUBRECIPIENT has a parent, affiliate, or subsidiary organization that is not a state, local government, or Indian tribe, SUBRECIPIENT must also maintain written standards of conduct covering organizational conflicts of interest. SUBRECIPIENT shall be alert to organizational conflicts of interest or non-competitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. Contractors that develop or draft specifications, requirements, statements of work, and/or Requests for Proposals (“RFP”) for a proposed procurement must be excluded by SUBRECIPIENT from bidding or submitting a proposal to compete for the award of such procurement. Any request for exemption must be submitted in writing to

COUNTY.

a) Contracting with Small and Minority Businesses, Women’s Business Enterprises, and Labor Surplus

Area Firms. SUBRECIPIENT shall take all necessary affirmative steps to assure that small & minority businesses, women’s business enterprises, and labor surplus area firms are used when possible, when contracting for services or soliciting for potential resources, per 2 CFR 200.321.

11. General Agreement Provisions.

a) Non-appropriation Clause. If payment for activities and programs under this Agreement extends into COUNTY’s next fiscal year, COUNTY’s obligation to pay for such work is subject to approval of future appropriations to fund the Agreement by the Board of County Commissioners.

b) Indemnification. SUBRECIPIENT agrees to indemnify and defend COUNTY, and its elected officials, officers, employees, and agents, from and against all claims, actions, losses, liabilities, including reasonable attorney and accounting fees, and all expenses incidental to the investigation and defense thereof, arising out of or based upon (1) SUBRECIPIENT’s negligent or willful acts or those of its employees, agents, or those under SUBRECIPIENT’s control; or (2) SUBRECIPIENT’s acts or omissions in performing under this Agreement including, but not limited to, any claim by State or Federal funding sources that SUBRECIPIENT used funds for an ineligible purpose. SUBRECIPIENT is responsible for the actions of its own agents and employees, and COUNTY assumes no liability or responsibility with respect to SUBRECIPIENT’s actions, employees, agents or otherwise with respect to those under its control.

c) Assignment. This Agreement may not be assigned in whole or in part without the prior express written approval of COUNTY.

d) Independent Status. SUBRECIPIENT is independent of COUNTY and will be responsible for any federal, state, or local taxes and fees applicable to payments hereunder. SUBRECIPIENT is not an agent of COUNTY and undertakes this work independent from the control and direction of COUNTY excepting as set forth herein.

SUBRECIPIENT shall not seek or have the power to bind COUNTY in any transaction or activity.

e) Notices. Any notice provided for under this Agreement shall be effective if in writing and (1) delivered personally to the addressee or deposited in the United States mail, postage paid, certified mail, return receipt requested, (2) sent by overnight or commercial air courier (such as Federal Express), (3) sent by facsimile transmission, with the original to follow by regular mail; or, (4) sent by electronic mail with confirming record of delivery confirmation through electronic mail return-receipt, or by confirmation that the electronic mail was accessed, downloaded, or printed. Notice will be deemed to have been adequately given three days following the date of mailing, or immediately if personally served. For service by facsimile or by electronic mail, service will be deemed effective at the beginning of the next working day.

f) Governing Law. This Agreement, and all rights, obligations, and disputes arising out of it, shall be governed and construed in accordance with the laws of the State of Oregon and the ordinances of Clackamas County without regard to principles of conflicts of law. Any claim, action, or suit between COUNTY and SUBRECIPIENT that arises out of or relates to the performance of this Agreement shall be brought and conducted solely and exclusively within the Circuit Court for Clackamas County, for the State of Oregon.

Provided, however, that if any such claim, action, or suit may be brought in a federal forum, it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event shall this section be construed as a waiver by the COUNTY of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the Eleventh Amendment to the Constitution of the United States or otherwise, from any claim or from the jurisdiction of any court. SUBRECIPIENT, by execution of this Agreement, hereby consents to the personal jurisdiction of the courts referenced in this section.

g) Severability. If any provision of this Agreement is found to be illegal or unenforceable, this Agreement nevertheless shall remain in full force and effect and the provision shall be stricken.

h) Counterparts. This Agreement may be executed in any number of counterparts, all of which together will constitute one and the same Agreement. Facsimile copy or electronic signatures shall be valid as original signatures.

i) Third Party Beneficiaries. Except as expressly provided in this Agreement, there are no third-party beneficiaries to this Agreement. The terms and conditions of this Agreement may only be enforced by the parties.

j) Binding Effect. This Agreement shall be binding on all parties hereto, their heirs, administrators, executors, successors and assigns.

k) Integration. This Agreement contains the entire Agreement between COUNTY and SUBRECIPIENT and supersedes all prior written or oral discussions or Agreements.

l) No Attorney Fees. In the event any arbitration, action or proceeding, including any bankruptcy proceeding, is instituted to enforce any term of this Agreement, each party shall be responsible for its own attorneys' fees and expenses.

m) Debt Limitation. This Agreement is expressly subject to the limitations of the Oregon Constitution and Oregon Tort Claims Act and is contingent upon appropriation of funds. Any provisions herein that conflict with the above referenced laws are deemed inoperative to that extent.

n) Survival. All rights and obligations shall cease upon termination or expiration of this Agreement, except for the rights and obligations set forth in Article II, Sections 3, 7, 11 (a), (b), (c), (f), (g), (i), (j), (k), (l), and (m), and all other rights and obligations which by their context are intended to survive.

12. Exhibits and Attachments.

This document is comprised of the following exhibits and attachments:

• Exhibit A: SUBRECIPIENT Scope of Work & Performance Reporting

• Exhibit B: SUBRECIPIENT Program Budget

• Exhibit C: Lobbying Certificate [use template]

• Exhibit D: Required Financial Reporting and Payment Request

• Exhibit E: General Administrative and Federal Terms and Conditions [use template]

• Exhibit F: Insurance Requirements [use template]

• Exhibit G: Specific Federal Program Requirements

• Exhibit H: Final Financial Report [use template]

• Exhibit I: 2 CFR 200.332(a) Required Information

• Exhibit J: Residual Supplies Inventory [optional; include if the net of supply lines in the budget is over $5,000;

use template]

• Exhibit K: Equipment Inventory [optional; include if equipment is purchased with grant funds; use template]

• Exhibit L: BAA or QSOBAA [optional; remove if not used]

• Attachment A: Original Notice of Funding Opportunity, related FAQ’s, and SUBRECIPIENT’s approved proposal and certification

• Attachment B: [optional; include any manuals, etc. here.]

If a conflict exists between the main body of this Agreement and the Exhibits, the Exhibits shall control.

(Signature Page Follows)

SIGNATURE PAGE TO SUBRECIPIENT GRANT AGREEMENT

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers.

CLACKAMAS COUNTY SUBRECIPIENT [Entity name]

By: ____________________________ By: _______________________________

Its: ____________________________ Its: _______________________________

Dated: __________________________ Dated: ____________________________

Approved to Form

By: ____________________________ County Counsel

Dated: __________________________