1996-01585-Resolution No. 96-009 Recorded 1/11/19969F -0119S 96-015N5
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
A Resolution Approving
the New Intergovernmental Agreement
Expanding the Scope of the Central and
Eastern Oregon Juvenile Justice Consortium
RESOLUTION 96-009
REVIEWED
LEGAL COUNSEL
COUNTY, OREGON
96 jAt��t
tj 10* 3
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0149--03x9
PREVIOUSLY RECORDED VOL 0149
PAGE 0369.
RE-RECORDED TO ATTACH
INTERGOVERNMENTAL AGREEMENT.
WHEREAS, Deschutes County is a participating county in the Central
and Eastern Oregon Juvenile Justice Consortium; and
WHEREAS, the County Commissioners of Deschutes County have reviewed
the intergovernmental agreement attached hereto; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
COUNTY, OREGON, as follows:
Section 1. That Deschutes County shall continue to be a
participating county in the Central and Eastern Oregon Juvenile Justice
Consortium pursuant to the authority of to enter into such agreements
under Oregon Revised Statute 190.010.
DATED this /U day of
ATTEST:
r -,L ��_ j-
Recording Secr tary
1996.
BOARD OF COUNTY COMMISSIONERS
0#�DESCHUTES, COUNTY, OREGON
NANCY PO
J
e4l.
BARRY H. SLAUGHTER,/Commissioner
ROPIERT L. NIPPER, Com issioner
iY_'[ii0Fi Li',4ED
PhIN
jAN
y k .; "in
Final version 12/26/95 This version replaces all
INTERGOVERNMENTAL AGREEMENT
2
EL
0140-0424
3 This intergovernmental agreement is made and entered into, pursuant to ORS 190.010, by and
4 between the following Oregon counties:
5 Baker Malheur
6
Crook
Morrow
7
Deschutes
Sherman
8
Gilliam
Umatilla
9
Grant
Union
10
Harney
Wallowa
11
Hood River
Wasco
12
Jefferson
Wheeler
13
Lake
14 hereinafter referred to as "participating counties."
15 Pure
16 It is the purpose of this agreement to develop an intergovernmental agreement for a
17 management system which develops, deploys and delivers juvenile justice services to the communities of
18 Central and Eastern Oregon. This agreement is to assist the participating counties in addressing the juvenile
19 justice needs of youth and families within the jurisdiction of the juvenile court and others served by county
20 juvenile departments.
21
22 WHEREAS, The Central and Eastern Oregon Juvenile Justice Consortium, through agreements with
23 local Commissions on Children and Families, has agreed to assist local commissions on Children and
24 Families, County Commissioners, Juvenile Court Judges, and Local Public Safety Coordinating Councils in
25 the development of policy and resources for juvenile justice matters in Central and Eastern Oregon, and
W
27 WHEREAS, The above named counties have a continuing need to work together to develop
28 resources and maintain capacity for juvenile justice services and have expressed a desire to expand the scope
29 of activities of the Central and Eastern Oregon Juvenile Justice Consortium for the purpose of creating a self
30 - sufficient juvenile justice system for the participating counties; and,
31
32 WHEREAS, In July of 1987, the participating counties formed an intergovernmental agreement
33 entitled "The Central and Eastern Oregon Juvenile Justice Consortium" for the purpose of the development
34 and coordination of services and activities related to the Juvenile Corrections diversion program of
35 Children's Services Division of the Department of Human Resources for the State of Oregon; and,
36 WHEREAS, The Central and Eastern Oregon Juvenile Justice Consortium developed and submitted
37 to the Children's Services Division of the Department of Human Resources of the State of Oregon (CSD), on
38 behalf of the participating counties, and CSD approved, a "County Diversion Plan" describing how the
39 participating counties were to participate in a plan to reduce the population of youth in the state training
40 schools and to place youth diverted from the training schools into community placements and programs; and,
41
42 WHEREAS, The Central and Eastern Oregon Juvenile Justice Consortium has since contracted
43 with The State of Oregon under the auspices of the "County Diversion Plan"; and
0149-0425
Final version 12126195 This version replaces all previous drafts
1
2 WHEREAS , Juvenile Corrections Services are now vested with the Oregon Youth Authority, and
3
4 WHEREAS, The Central and Eastern Oregon Juvenile Justice Consortium has a "Service
5 Integration Agreement" with the Department of Human Resources, Office of Alcohol and Drug Abuse
6 Programs, Mental Health and Developmental Disability Services, Children's Services Division (now the
7 State Office of Services to Children and Families) and the Department of Education to develop a self -
8 sufficient juvenile justice system in Central and Eastern Oregon, and
9
10 WHEREAS, the participating counties wish to continue a consortium of counties, pursuant to ORS
11 chapter 190, for the purpose of developing and maintaining cooperative agreements between counties, with
12 the Oregon Youth Authority, Department of Human Resources, Commissions on Children and Families and
13 other entities public and private; now therefore,
14
15 IT IS HEREBY AGREED by and between the parties as follows:
16
17
Definitions.
18
Agreement: This Intergovernmental Agreement
19
Cap: The limitation placed by The Oregon Youth Authority on admissions
20
to the youth corrections facilities.
21
CEOJJC: An acronym for The Central and Eastern Oregon Juvenile Justice
22
23
Consortium.
Close custody: Detention of youth and alternatives to detention, which
24
may include close supervision in a non -locked facility (e.g. monitored
25
home detention).
26
Cognitive restructuring: Any rehabilitation process that redirects the
27
thinking of an offender into more socially acceptable directions and that is
28
generally accepted by rehabilitation professionals.
29
Commitment: A decision of the juvenile court judge to place an eligible
30
youth in a training school.
31
Committed funds: Funds, from whatever source, under CEOJJC's control
32
which have been obligated by a written provider agreement.
33
Community alternatives: Alternatives to training school commitment for
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youth, such as professional foster homes, proctor homes, drug/alcohol
35
treatment programs, sexual offender treatment programs, and intensive in -
36
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home supervision.
Community case management: A strategy of case management which is
38
accountable to local community planning for youth in the juvenile justice system,
39
the principles of which are found in the CEOJJC/OYA agreement.
40
Correctional facility: Any place used for the confinement of persons: (a)
41
xharged with or convicted of a crime or otherwise confined under a court
42
order; (b) found to be within the jurisdiction of the juvenile court for
43
having committed an act that if committed by an adult would constitute a
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crime.
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Counselor: Juvenile Department Counselor.
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Final version 12126195 This version replaces all previous drafts
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Court: The Juvenile Court or Circuit Court.
2
SOSCF: An acronym for The State Office of Services to Children and Families.
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Diagnostic and evaluation services: Services obtained for evaluation of a
4
youth's needs, such as educational, psychiatric, psychological and medical
5
assessments.
6
Design Capacity: The number of youth a youth correction facility is able
7
to hold based on applicable safety codes and standards.
8
Designee: The individual who has been authorized in writing by a juvenile
9
department director to vote on issues or attend meetings.
10
Detention or detention facility. A facility established under ORS
11
419A.010 to 419A.020 and 419A.050 to 419A.063 for the close custody of
12
youth offenders pursuant to a judicial commitment or order.
13
Director: A Director of a County Juvenile Department.
14
Director of the Oregon Youth Authority: The person who has been
15
given responsibility for administrative oversight of the Oregon Youth
16
Authority.
17
Diversion: A decision of the juvenile court judge that a youth otherwise
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eligible for commitment to the training schools will be placed in a
19
community alternative.
20
Individual County: A county that has not signed this Agreement.
21
Parole: The conditional release of a youth from a correctional facility to
22
the community.
23
Parent: The natural or adoptive father or mother of a dependant child or
24
youth offender. "Parent" also means stepparent when such a person has an
25
obligation to support a dependent child pursuant to ORS 109.053.
26
Participating County: A county that has signed this agreement
27
Probation: The process of supervision of a youth who is within the
28
jurisdiction of the juvenile court and is supervised by county juvenile staff
29
or staff of the Oregon Youth Authority.
30
Parole and Probation officer: Any person employed by the Oregon Youth
31
Authority, a county or a court who is charged with and actually performs the
32
duties of community protection by controlling, supervising, and providing
33
reformative services for juvenile parolees and/or probationers, or who performs the
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duty of investigation of youth offenders on parole or probation or being considered
35
for parole or probation.
36
Provider: An individual, partnership, corporation or other entity providing
37
a youth service or program under a written agreement with CEOJJC.
38
Local Public Safety Coordinating Council: A council appointed by the board of
39
county commissioners pursuant to Senate Bill 1145 and Senate Bill 1 of the 68th
40
Oregon legislative assembly.
41
Reformation plan: A written plan prepared by the County Juvenile
42
Department, the Oregon Youth Authority or both that is tailored to the
43
youth offender's unique requirements as identified by an initial assessment.
44
Restitution: The meaning given that term under ORS 137.103.
45
Revocation: The termination of probation or parole for cause, following a
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Final version 12126195 This version replaces all previous drafts
1
hearing or other process pursuant to Oregon law.
2
Training school: See "Youth Correction Facility".
3
Voucher: A written request, on a form approved by CEOJJC, for payment
4
or reimbursement, and containing such information as is required by
5
CEOJJC.
6
Regional Policy Board: A committee to develop policy and engage in
7
planning and oversight of the relationship between the Central and Eastern
8
Oregon Juvenile Justice Consortium and the Oregon Youth Authority.
9
Regional Management Team: A team responsible for management and
10
oversight of the service delivery system of juvenile justice services
11
developed and implemented in partnership with the Oregon
12
Youth Authority pursuant to this agreement.
13
Sub -region: Thrce or more contiguous countics working together to
14
deliver services to their communities pursuant to this agreement.
15
Management Information System: A centralized electronic information
16
system for the purpose of communication, case management,
17
administration and policy development by the participating counties of
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CEOJJC and the Oregon Youth Authority.
19
Youth correction facility: Facilities used for the confinement of youth
20
sentenced to the custody of the Oregon Youth Authority and including
21
training schools, accountability camps, restitution centers, regional
22
residential academies and satellites, camps or branches of those facilities.
23
Youth offender: A person, at least 12 year of age and under 18 years of
24
age, who has been found to be within the jurisdiction of the juvenile court
25
under ORS 419C.005.
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27
1. Time period. This agreement will begin on July 1, 1995, or upon the execution of this agreement
28
which ever is later. and end on June 30, 1996, and shall automatically renew on an annual basis
29
unless terminated pursuant to Section 13 of this Agreement. This Agreement will be reviewed
30
annually by the Executive Board to evaluate the efficacy of the present organizational structure.
31
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2. Name. The consortium created by this agreement shall continue to be called the "Central and
33
Eastern Oregon Juvenile Justice Consortium" (CEOJJC).
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3. Administration. CEOJJC shall be administered as follows:
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a. The Board of Directors. There shall be a board of directors comprised of one
38
juvenile department director or his/her designee from each participating county and three
39
county commissioners, one from each of the three Association of Oregon Counties
40
subregions of counties participating in this agreement. The Board of Directors shall hold
41
regular meetings, be responsible for setting overall policy for, and conducting business of
42
CEOJJC`.
43
44
a. Executive Board. There shall bean Executive Board comprised of eight juvenile
45
department directors or their designees from the participating counties. Executive Board
4
Final version 12126/95 This version replaces all previous drafts 01`1. `1
1
members shall have two year terms with half of the terms expiring each year. Executive
2
Board membership shall rotate among the juvenile department directors or their designees
3
from the all the participating counties. One county commissioner shall serve as an ex
4
officio member of the Executive Board. The Executive Board shall select a chair, vice
5
chair, and secretary/treasurer, who shall also serve as the chair, vice chair, and
6
secretary/treasurer of CEOJJC. The Executive Board shall conduct all business of CEOJJC
7
between Board of Director meetings.
8
9
b. Executive Director. There shall be an Executive Director chosen by, and
10
directly responsible to, the Board of Directors of CEOJJC. The Executive Director shall be
11
responsible for the day-to-day administration of CEOJJC.
12
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c. Program Committee. There shall be a Program Committee comprised of
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one juvenile department director or his/her designee from each subregion. The Program
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Committee shall be responsible for developing, reviewing and recommending proposals for
16
programs for youth services in partnership with any public or private agency or individual.
17
18
d. Meetings. The Board of Directors, the Executive Board, and the Program
19
Committee, as well as any other committee established for any purpose, shall meet
20
regularly at such times and places as they may set. All such meetings are governed by the
21
provisions of the Oregon Public Meetings Law, ORS 192.410 - 192.500.
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e. Quorum. A quorum shall consist of one more than half of the participating
24
counties represented with 9 counties being represented.
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f. BY-LAWS. The Executive Board may, upon approval by the Board of Directors,
27
establish such by-laws as may be deemed necessary to facilitate the day to day activities of
28
CEOJJC.
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4. Financial Administration.
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a. General. CEOJJC's financial administration is governed by the applicable
33
provisions of ORS Chapters 293, 294, 295 and 297.
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b. Fiscal Year. CEOJJC shall have a fiscal year of July 1 to June 30.
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C. Annual Budget. CEOJJC shall provide a copy of its annual budget to each
38
participating county.
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d. Financial Records and Audit. CEOJJC shall prepare and maintain records
41
evidencing the performance of its functions in accordance with generally accepted
42
accounting principles. At any time during normal business hours, all of CEOJJC's
43
financial and program records shall be available for inspection by any participating
44
county, or its duly authorized representative. CEOJJC shall obtain an annual,
45
independent financial audit to be performed by individuals licensed as certified
0149-04ti9
Final version 12126195 This version replaces all previous drafts
1
public accountants by the Oregon Board of Accountancy. The results of such
2
audit shall be made available to the participating counties.
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4
e. Debt. CEOJJC shall not accrue annual expenses in excess of annual
5
revenues.
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f. Revenues. CEOJJC may seek funds to support its programs from any
8
lawful source.
9
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g. Apportionment of Revenues. The Board of Directors shall approve the annual
11
budget of CEOJJC. All revenues received by CEOJJC, in whatever form and from whatever
12
source, shall be invested as determined by the Executive Board in accordance with ORS
13
294.035. The Executive Board shall designate, in writing, the person or persons who are
14
authorized to create accounts, sign checks, make withdrawals, invest funds and engage in
15
other such transactions with CEOJJC funds. The Program Committee shall determine
16
how such revenues will be apportioned to fund youth services and programs within the
17
participating counties.
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h. Apportionment of Expenses. The Board of Directors shall, following a public
20
hearing, detennine how the expenses of the administration of CEOJJC and the
21
performance of its functions shall be apportioned and from which sources of revenue such
22
expenses shall be paid.
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5. Youth Services and Programs. Each new approved agreement shall be presented to the
25
participating counties as an addendum to this agreement.
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27
6. Agreements.
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Youth Services Programs
29
When a youth service or program is approved for funding by the Program Committee, a written
30
agreement for such service or program shall be executed between CEOJJC and the provider. All
31
written agreements are subject to the Public Contract law in ORS Chapter 279. Any written
32
agreement shall be signed on behalf of CEOJJC by the chair of the Program Committee, or
33
in the chair's absence, by the Executive Director of CEOJJC . The Executive Board may authorize
34
the Executive Director to sign written agreements on behalf of CEOJJC.
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Intergovernmental Agreements
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CEOJJC may enter into such intergovernmental agreements as necessary to further the purposes
38
of CEOJJC. All intergovernmental agreements between CEOJJC and other governmental bodies
39
shall be approved by the Board of Directors. Upon approval, each new intergovernmental
40
agreement shall be appended to this agreement and by this reference incorporated herein.
41
42
7. Youth Services 'and Program Funding. After a written agreement for youth services or
43
programs has been executed by CEOJJC and the provider, CEOJJC shall compensate the provider
44
from funds available to CEOJJC in the amount specified in the written agreement. However, no
45
CEOJJC funds shall be disbursed to a provider unless the provider has submitted to CEOJJC a
46
written voucher for such disbursement on a form developed and employed for that purpose by
0
0149-04U0
Fina! version 12126/95 This version replaces all previous drafts
1
CEOJJC.
2
3
8. Non -Appropriation. In the event that sufficient funds shall not be provided to or received
4
by CEOJJC for payment of consideration required to be paid under a provider agreement, that
5
agreement may be terminated or modified by CEOJJC.
6
7
8
9. Insurance
9
a. The participating counties shall provide CEOJJC a certificate of insurance
10
demonstrating adequate coverage for the actions and events which may result from
11
membership in CEOJJC. CEOJJC's liability coverage will cover its total exposure under
12
the Oregon Tort Claims Act.
13
14
b. CEOJJC shall carry such insurance as is necessary to protect the participating
15
counties and the state of Oregon from liability for the actions and activities of CEOJJC.
16
Such insurance shall be demonstrated by a certificate of insurance, a copy of which shall be
17
sent to each participating county.
18
19
C. CEOJJC shall indemnify, defend, and hold harmless participating counties, their
20
officers, agent and employees from any claims, actions, liability or costs, including
21
attorney fees and defense costs, that arise out of or in any way relate to the work performed
22
under this agreement, and arising from the sole negligence of CEOJJC, its officers, agents
23
or employees. Likewise, each participating county (indemnitor county) shall indemnify,
24
defend, and hold harmless from any claims, actions, liability, or costs, including attorney
25
fees and defense costs, that arise out of or in any way relate to the work performed under
26
this Agreement and arising from the sole negligence of the indemnitor county.
27
28
10. Modifications or Amendments. This agreement may be modified or amended by mutual
29
agreement of the parties. Any such modification or amendment shall be reduced to writing and
30
incorporated into this agreement.
31
32
11. Waiver. No waiver of any provision of this Agreement shall be deemed, or shall constitute,
33
a waiver of any other provision, whether or not similar, or shall any waiver constitute a continuing
34
waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
35
36
12. Severability. If in any judicial proceeding a court shall refuse to enforce any provision of
37
this Agreement, any unenforceable provision shall be deemed eliminated from this Agreement for
38
purposes of such proceeding as is necessary to permit the remainder of the Agreement to be enforced
39
in such proceeding.
40
41
13. Termination. This agreement may be terminated by mutual agreement of the parties.
42
However, termination of this agreement shall not affect existing writteri provider agreements unless
43
and until those provider agreements are terminated.
44
45
14. Withdrawal from CEOJJC. Any of the participating counties may withdraw from this
46
agreement upon 60 days' written notice to the CEOJJC Executive Board. A withdrawing county
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0149- 0401
Final version 12126/95 This version replaces all previous drafts
may request of the Executive Board that it be allowed to withdraw any state or other funds provided
to CEOJJC on behalf of that county. The Executive Board may authorize the withdrawal of such
funds by the withdrawing county only to the extent that such funds are not committed funds.
CEOJJC shall not commit any funds provided to CEOJJC on behalf of the withdrawing county
following the notice of withdrawal.
15. Counterparts. This agreement may be executed in two or more counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and the same
instrument.
16. Arbitration. Any controversy in regard to the application or interpretation of this
Agreement may be submitted to and determined by arbitration in accordance with
ORS 36.330 - ORS 36.365.
DAT this /Uday o, 19w -
COUNTY BY
A
uounty mrnissioner
Co 'ty Commissioner
County Commissioner
8