The URL can be used to link to this page

2015-536-Resolution No. 2015-115 Recorded 12/24/2015 DESCHUTES BLANKENSHIP, COUNTY CLERK C 20 NANCY 15•536 REVIEWED COMMISSIONERS' JOURNAL I 12/24/2015 12:34:13 PM LEGAL COUNSEL II II IIII II�IIIII�I�I�I�I I 2 1 -B 11 11 �I BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A Resolution Appropriating New Grant Funds * to the Deschutes County 2015-2016 Budget * RESOLUTION NO. 2015-115 * WHEREAS, Deschutes County Adult Parole & Probation will receive new grant revenue totaling $919,754; and WHEREAS, these new grant funds need to be appropriated; and WHEREAS, ORS 294.326(2) allows the appropriation and expenditures of new grant funds designated to specific purposes; now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, as follows: Section 1. That the following grants be budgeted: Revenue 355-0000-334.35-00 DOC Measure 57 $ 3,655 355-0000-334.47-00 Justice Reinvestment HB3194 $ 373,781 355-0000-334.12-00 State Grant $ 431,521 355-0000-334.48.00 Family Sentencing $ 110,797 TOTAL REVENUE: $ 919,754 Section 2. That the following appropriations be made within the 2015-2016 County Budget: Expenditures Personnel Services: 355-8200-423.12-28 Parole & Probation Officer(1.00 FTE) $ 26,500 355-8200-423.12-27 Parole & Probation Specialist (1.00 FTE) $ 22,500 355-8200-423.18-07 Management Analyst (1.00 FTE) $ 26,697 355-8200-423.21-10 Life/Long Term Disability $ 821 355-8200-423.21-50 Health Benefits $ 27,692 PAGE I OF 3-RFs0L,UTION NO.2015-115(12/21/15) 355-8200-423.22-01 FICA/Medicare $ 6,065 355-8200-423.23-01 PERS-Employee/Employer $ 12,840 355-8200-423.25-01 Unemployment Insurance $ 529 355-8200-423.26-01 Workers Comp Insurance $ 21 TOTAL PERSONNEL SERVICES $ 123,665 Materials & Service: 355-8200-423.33-26 Counseling---A & I) Treatment $ 63,028 355-8200-423.44-70 Client Stabilization $ 5,940 355-8200-423.34-46 Electronic Monitoring $ 8,580 355-8200-423.50-40 Education& Training $ 5,473 355-8200-423.35-01 lnterfund Payment $ 41,208 355-8200-423.59-14 Client Support Services $ 538 355-8200-423.59-20 Grants/Contributions Misc. $ 122,300 TOTAL MATIRIALS & SERVICES $ 247,067 Transfers Out: 355-8200-491.96-90 Vehicle Replacement/Maintenance $ 20,736 TOTAL TRANSFERS OUT $ 20,736 Capital Outlay: 355-8200-423.92-10 Building Remodel $ 68,000 TOTAL CAPITAL OUTLAY $ 68,000 Contingency: 355-8200-501.97-01 Contingency $ 460,286 TOTAL CONTINGENCY $ 460,286 TOTAL EXPENDITURES $ 919,754 PAGE 2 OF 3-REsOLUl1ON NO.2015-115(12/21/15) Section 2. That the Finance Director make the appropriate entries in the Deschutes County Budget document to show the above appropriations. DATED this st day of December, 2015. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ANTHONY DE)BONE, Chair M1 yam. ATTEST: ALAN UNGER, Vice-Chair Recording Secretary TAM A Y, Co>.i�-.,issioner PAGE 3 OF 3-REsol uT1oN NO.2015-115(12/21/15) Lacy Nichols From: Jeanine Faria Sent: Tuesday, December 15, 2015 11:48 AM To: Wayne Lowry; Lacy Nichols Cc: Deevy Holcomb; Ken Hales Subject: FW: Fund 355 Appropriation/resolution request Attachments: Appropriation Transfer Request Fund 355.xlsx; D005161M5715-17.pdf; CJCLetterIntentJRP15-17.pdf; D005116SGA15-17.pdf; D005280FSAP15-17.pdf Importance: High Wayne, A request has been received to prepare a resolution to appropriate additional resources for Fund 355—Adult Parole & Probation. Please see the attachments for the details. Thank you. Jeanine Deschutes County Finance 541-385-1411 From: Deevy Holcomb Sent: Tuesday, December 15, 2015 10:31 AM To: Jeanine Faria Cc: Ken Hales; Tanner Wark Subject: Fund 355 Appropriation/resolution request Importance: High Jeanine, Please find attached an appropriation request for new revenue and new expenditures, including 3 new FTE authorized by the BOCC and Tom Anderson at a 12/9/15 BOCC work session. As supporting documentation, please also find 4 IGA/grant awards associated with the new revenue: IGA 5161 with Dept. of Corrections for M57 FY 15-17 Letter of Intent from CJC for JRP FY 15-17 (actual IGA is on BOCC 12/21 consent agenda but has been reviewed and approved at 12/9 work session) IGA 5116 with Dept of Corrections for State Grant in Aid (SB1145) FY15-17 IGA 5280 with Dept of Corrections for Family Sentencing Alternative Pilot Program FY15-17 Let me know if you have questions or need clarification or additional work on our end—I'll respond ASAP. Thanks! dh Deevy Holcomb Juvenile Community Justice Management Analyst (541) 322-7644 T (541) 383-0165 F 1 LC) N co N N 0 CA 1� co er. co °) co co o co co co co O N 0 CP CO O CO 0) CO N N 0) - N CO O of N N d" Co N 0 co 0 N O •a CO CO ' t� ' O -p N Co co N O) ,- crl O CP In o N CA CO ,- CO. co U) O 0 r a) a) tt 6 co ,- o U) C•7 r C) U) CC r` ,- N CO co 4 N C7) co co Nr w 0) N CO N - Co 0) N - CO O CO 0) N V' CO CO •7 -0 N CO CO N- CO •7 -0 U) r CO - U7 - N r 0) CO r C() r 1- N _ O O N N U) O 0) CO O O CO CC) CO 0 CD O N- •ct If) CO N 0) 0 0 O) N C)) CD - N N N - cq t- 0 CO 0 Cr) 0 Co IC E co t• co_ N t- E co co co co co O co Lo 0 0) to 'Ct N U) Cr) N O N N 2 M co" , c Q) 2 CD N CD N Co N M 1.15 Co U) N O co- o ci N co , r- v N N N N - CD '' N N CD CD r CO 'Ct . Q) - Cr) O 0 I- I- , . - - O CD N CI 0 0) N N CO 0) 0) 0 0 0 0 0 _0 CD O 0) 0) CD N • • co N N 0) CO CD CD - 0 0 0 0 0 C() C') 0 t() N CO 0 CO ' C') _ -0 N M ' U) O Co N CD U) 0 O O LC) ' It ' N .-- CO CO C C o n C- N ° ) o 0) UU) .N- t1) CO A N CO 't Co 0) N N UO) CQD N co O Co N a) N Q) 0 r CO - CC! N ,:i• C) 0 -0 E Co th U c E r M co m L? v`! ° 1 T L 0 Q a a) a; O C a )a _ (6 H U c C ) C C 0) 0 c� •P a) U C E a) co C o c i ca ° c 0 A c C •°- co o) o o•a _ U) v) °" " m ca c .v, �. c cn I- c . •cc-a c6 P c tNn y o u v c Q C ¢ d •a o c a) `L° N V C m Q °- fa ¢ ` 4-, E 05 N o C ° L a l� ❑ o c ` 0 O E a o o C a) O m 0 Q c U c T *� c�'o o aci aCi F°- a 0 o aCi o T U a v a ° °03_ - n E = v a) a U V) E - at o a) c) d a) o L c .o o cc m t o rn zia a a) a) o E m m " L° c -in U E E w E 2 c m U o - -p 0 O amO VS c -' 0U- I- aa2 = 1-iCD 00ww0U00 I- 5 a .. ° O co Co • • 8 a) a o !n CO y U) N N _1 ❑ O n n h N N N N N o y Q U U O o o .0 N to N o n 0 a) Z 2 Z Z Z Z Z ) a a) a) a - >, to >, O N Q c cn u) v) (n f°n cA CL) CO cn u) co U) u) co u) m ›, M a'S :_ �f .S otS 05 otS 05 0 v c c 0 0 cr) U o c C Cl) CI) C 0.) c c C co v) y u) to to to O aci y O 0 U)U c C C C c C c c c a) C CU o ca m ."'Cr) rn Lt- Li_ 0 0 0 0 0 0 0 0 0 c 'c 4 '+_ 'c ' ) 0 Q Q ° yr v) a) a) m m m W a`) c •Q 0 a a`) a`) a) a) a) a`) a`) a`) a) 0 0 0 0 0 0 0 2 ca o a 0 a a a a a a a a aM2222221-- 0 0 co—ao -i0 Cl) cn to °' � cd co �d •°' ' W cn c n CO CO C O co c n C o) C0 cn CO ° ° O ° 0 U 0 O 0 U OOc' 0000000000 C') 0v) coCOCO a CL LL U LL a a a LL LL U_ LL a Ll_ U LL q < N < N < < < < < < < < < < < < < < < co a) '0 "0 _ _ E °) co) co) 0 0 E _0) co N N o o co o CD 0 ,- cr 0 0 O Vi O o N N 0 tt7 co co O co N t'- Nt O - N co O -o Z co N N CO Z N CV CO N CO U0 CO CO+ NI- O (0 CA 0) (0 N 1� �' a) co 't +- a) � ,- .- N N N N N N CO d' co U) CO LO (0 0) 0) 0) CO C T cr V' vt C T CO CO CO CO CO CO CO CO CO M CO CO CO CO CO CO CO N T J W CO Co CO C O J W N N N N N N N N N N N N N N N N 0) N O �, .0 I- M CO CO Co Z I- 1. v v 't 't 1" v v v v v v d• to C ,o 1 0 0 0 a _O V o 0 0 6C) 0 0 o 0 0 0 0 0 6 6 6 6 6 6 T a) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a 0 o o o o 0 co co N 0 0 0 0 - N N N N N N N N CV CV N N N N N N N N N 0 0 0 0 Q ao ao ao CO ao ao CO m oo Co ao ao Co av av av co ao ao CJ •• o ai W 0 to to o a to to to to to th o 0 0 to to to to to to to to to to ) c a c toUnU) to to toU) U) tototototoU) U) U) toU) tototototo m m m ZCo M M M O MGM CO CO CO CO CO M CO CO M CO CO CO CO CO CO CO CO N LL ❑ a' ❑ 1.1-1 a) CL a)a) Pt „r Py '1 Criminal f uslice tCPPT16lS9 i r1(?n re on ', ,:.aia'14,n'.��, is��rin�„ z1il �� I: 1VH November 23,2015 tit l,° ! , Iti titll Imo Tanner Wark Deschutes County I',I i .1 1} IIJ1■111 ,■1 63360 Britta Street Building 2 r.1 I ! :1 Bend,OR 97701 : {'1,,,,i: . Dear Tanner: This letter serves as the official Grant Award Letter for your 2015-17 Justice 1 { l k ` { Reinvestment Grant from the Criminal Justice Commission(CJC). The CJC received L 15 grant applications by the expedited deadline. The evaluation of your application is { , . I: complete and the CJC Commissioners approved awards and guidelines for CJC staff to commence with the awarding process. This grant period will run from July 1,2015-June 30,2017. Funding for the grants will be through state funds. Generally the proposals requested assistance to increase opportunities for downward departures, STTL,and meeting offender needs for successful rehabilitation. ❑ Risk and needs assessment for services ❑ Case planning to address the specific risk,need,responsivity,and dosage ❑ Reach-in services ❑ Re-entry programs ❑ Housing assistance p Jail beds for swift and certain sanctions ❑ Local jail treatment programs Please read the following very carefully as it contains important and time sensitive information. The amount of your award eligibility was determined in accordance with the formula used to distribute baseline funding under ORS 423.483. After the applications were evaluated by CJC staff and the Community Based Victims Advisory Panel,they were advanced to the Grant Review Committee. On November 12th,the Grant Review Committee approved your application to be moved forward to the Commissioners. On November 23rd,the CJC Commissioners approved your award as follows: Program Funding: $ 1,517,273 10%Victims Funding: $ 174,399 Total Funding Award: $ 1,691,672 The CJC will disburse the grant funds in two installments,the first no later than February 1,2016, and the second no later than October 1,1016. The Year 1 award amount will be$845,836. NEXT STEPS IN ACCEPTING THIS AWARD 1. Please sign and return two original copies via U.S.mail service to CJC as soon as possible. 2. CJC management will then sign the Grant Award Agreements and return a fully executed copy to you for your files. ADDITIONAL GRMNTJ(EQUIREMENTS/INFORMATION QUARTERLY PROGRESS REPORTS Grantees are required to submit quarterly Progress Reports. Your Grant Analyst will provide the template for Progress Reporting by Tuesday,December 22,2015. Deadline details for these reports will be listed in the Grant Award Agreement. PROOF OF INSURANCE Successful Grantee(s)must provide all required proofs of insurance within fourteen 14 calendar days of receipt of Grant Award Letter. Failure to provide the required documents within the fourteen 14 calendar-day period may result in Application rejection. Applicants are encouraged to consult their insurance agent(s)about the insurance requirements contained in Exhibit C of the Grant Award Agreement. AWARD DECISIONS&PERFORMANCE MEASURES The Criminal Justice Commissioners make final award decisions. CJC may negotiate the program performance measures and other components of the Award. Performance measures will include outcome measures as proposed in its Application and the criteria as outlined in OAR 213-060-0060 (including but not limited to reduction of prison utilization). In the event that mutually agreeable terms cannot be reached within a reasonable time period,as judged by CJC,then CJC reserves the right to cancel the award with the Grantee. SUBAWARD CONTRACTS/AGREEMENTS CJC reserves the right to obtain copies of all of our grantees'sub award contracts/agreements. As a grantee you are responsible to flow down all requirements your agreement with CJC to your sub awardees. If you have additional questions please do not hesitate to contact your Grant Analyst,Madeleine Dardeau atMa.de Madeleina.Dardeau@oregon.gov,.Dardeau @oregon.gov or(503)378-6374. Sincerely, 1944Ak Paul Egbert Operations Manager Criminal Justice Commission 885 Summer Street NE Salem,OR 97301-2524 INTERGOVERNMENTAL AGREEMENT#5280 BETWEEN THE STATE OF OREGON AND DESCHUTES COUNTY ("Agreement") TABLE OF CONTENTS IDEFINITIONS..................................................................................................................,............ 2 II AUTHORITY AND DURATION 3 III PLAN; PLAN MODIFICATIONS 3 IV AMENDMENTS GENERALLY 3 V DUTIES AND RESPONSIBILITIES OF COUNTY 3 VI DEPARTMENT RESPONSIBILITIES...................................................................._______............. 5 VII PERFORMANCE GOALS 6 VIII FUNDS..............................................„...................................................._______.......... ...... 6 IXNONCOMPLIANCE 7 X INDEMNIFICATION. See Exhibit B7 XI TERMINATION 7 XII COMPLIANCE WITH APPLICABLE LAW 7 XIII ACCESS TO RECORDS_____...... ............................ 8 XIVSURVIVAL....................„.,.....................,.....................................................,_..,.„.............................., 8 XV GOVERNING LAW; JURISDICTION;VENUE 8 XVIWAIVER................................„..,...............„..,..... ...............................,.............. ..„„.W„ 8 XVII EXECUTION AND COUNTERPARTS „„..............8 XVIII NOTICE 8 XIX MERGER; INTEGRATION 9 EXHIBIT A FAMILY SENTENCING ALTERNATIVE PILOT PLAN and BUDGET SUMMARY 10 EXHIBIT B INDEMNIFICATION 11 IGA#5280, Deschutes County KLS Contracts Final 112415 Page 1 of 12 This Agreement is between the State of Oregon acting by and through its Department of Corrections, hereafter called DEPARTMENT,and Deshutes County, hereafter called COUNTY. Whereas, DEPARTMENT is an agency of the State of Oregon and COUNTY is a unit of local government of the State of Oregon and both parties desire to cooperate by agreement to provide correctional services in COUNTY within the requirements as authorized by ORS 423.475 to 423.565; Whereas,the Legislative Assembly of Oregon enacted legislation establishing shared responsibility between_county corrections programs and the DEPARTMENT on a_continuing basis(ORS 423.475_ to 423.565); Whereas, ORS 144.106 provides"the supervisory authority shall use a continuum of administrative Sanctions for violations of post-prison supervision"; Whereas, section 1, Chapter 830, Oregon Laws 2015,was passed by the 2015 Legislature to implement a program designed to divert qualified offenders who have primary custody of a minor child at the time of the offense from prison to probation for the purposes of promoting reunification of families, preventing children from entering the foster care system, holding offenders accountable, and authorizing DEPARTMENT to make grants to counties to provide funding; Whereas,the DEPARTMENT will administer distribution of grants to counties; Now,therefore,THE PARTIES HERETO, in consideration of the mutual promises, terms and conditions hereinafter provided,agree to the following: DEFINITIONS A. Amendment: Any change to this Agreement that alters the terms and conditions of the Agreement, excluding the Duration of the Agreement. Plan Modifications are NOT Amendments. B. Case Management Application(CMA) Case Plan: A dynamic document created collaboratively with an offender that specifically identifies the offender's evidence-based assessed risk and needs, accompanied by risk reduction strategies and plans of action,with timelines. C. Corrections Information System (CIS): A DEPARTMENT software program containing a data base of information about inmates in prison and on probation, parole and post-prison supervision; D. County Corrections:All COUNTY agencies and officials who carry out the responsibilities In ORS 423.478(2)(a)-(f). E. Family Sentencing Alternative Program(FSAP}.Grant: Grant(s)made by DEPARTMENT to assist COUNTY in the implementation and operation of the Plan. F. Family Sentencing Alternative Program Plan(Plant:A document developed by the COUNTY in collaboration with the DEPARTMENT which describes COUNTY's approach to providing effective interventions designed to promote reunification of families, prevent children from entering the foster care system,and hold offenders accountable for program participants under COUNTY supervision. The Family Sentencing Alternative Program Plan(FSAP) Plan is described in Exhibit A, County Plan and Budget Summary. G, FSAP Plan Budget Summary: A budget submitted by COUNTY and approved by DEPARTMENT which identifies personnel, materials, services and funding COUNTY will use to implement the Plan. COUNTY's Budget Summary is described in Exhibit A. H. FSAP Participant Flag: CIS Code for which COUNTY must use to identify the Participants with their program. IGA#5280, Deschutes County KLS Contracts Final 112415 Page 2 of 12 Participant: An offender, under supervision of the COUNTY and enrolled in the program. J. Plan Modification:A written change or alteration to the Plan promulgated by COUNTY modifying the Plan; or the Duration of the Agreement. K. Sanctions: A response to Participant violations of conditions of the program. L. — Supervisory Authority:The local corrections official or-officials-designated by COUNTY's Board of County Commissioners or county court to operate corrections supervision services, custodial facilities or both. II AUTHORITY AND DURATION A. Authority This Agreement is entered into pursuant to the provisions of ORS 423.520. B. Duration This Agreement will become effective on January 1,2016 and will remain in effect until June 30,2017 or until terminated according to Section XI(Termination). III PLAN; PLAN MODIFICATIONS A. The Plan must be received and approved by DEPARTMENT before disbursements of funds described in Section VIII can be made to COUNTY. B. Plan Modifications: COUNTY and DEPARTMENT agree that the Plan must remain a flexible instrument capable of responding to unforeseen needs and requirements. A copy of all Plan Modifications will be marked in sequence beginning with the designation "Plan Modification 1"and attached to the above-mentioned Plan. DEPARTMENT will notify COUNTY of any concerns about the modification or the need for an amendment within a 30 calendar day period after DEPARTMENT receives the Plan Modification. C. Notice of Modification: No Plan Modifications shall take effect until COUNTY gives written notice to DEPARTMENT, in a form approved by DEPARTMENT. DEPARTMENT shall provide to COUNTY an approved form for modifications as soon as practicable after execution of this Agreement. D. Plan Modifications shall become effective upon the date the Plan Modification is approved in writing by the DEPARTMENT. IV AMENDMENTS GENERALLY The terms of this Agreement shall not be waived, altered, modified,supplemented or amended, in any manner whatsoever, except by written Amendment signed by the parties. An Amendment shall become effective only after all parties have signed and all approvals have been obtained. V DUTIES AND RESPONSIBILITIES OF COUNTY A. COUNTY shall assume administrative responsibility to provide services as outlined in the Plan. B. COUNTY shall incorporate the principles described below into the Plan: IGA#5280,Deschutes County KLS Contracts Final 112415 Page 3 of 12 1. Work collaboratively with the Oregon Department of Human Services(ODHS)in a multi-disciplinary team process to promote the reunification of families, prevent children from entering the foster care system, and hold offenders accountable. 2. Consult with ODHS to determine appropriateness for entry into the FSAP program. 3. Treatment programs shall be evidence-based and gender specific to the gender being served. Evidence-based programs are delivered consistent with the findings in research about what works best to-reduce recidivism. 4. Assessment which is standardized, objective, and comprehensive shall be used to prioritize programming and interventions, as well as, determine criminal risk factors. Assessments of risk shall be based on actuarial risk assessment tools. 5. Rules, requirements and expectations for Participants, including consequences for success and for failure are made formal and clear by an authority figure. 6. An individual Case Management Plan shall be developed for each Participant including the most relevant evidence based case management which may include additional conditions including but not limited to geographic restrictions,vocational training, parenting classes,alcohol and drug and/or mental health treatment, life skills, etc. 7. Supervision will be conducted using the most relevant evidenced based case management including but not limited to:Gender specific and general risk/need assessment,case planning, Parole/Probation officer(PO)led cognitive behavioral interventions(i.e., EPICS, Carey Guides), evidenced based parenting, mental health, alcohol/drug and cognitive programming, all programming should be evidenced based and include gender specific components. 8. Treatment shall be based on cognitive and behavioral interventions and social learning approaches. Treatment programs shall be of sufficient length and intensity to produce stable behavior changes based on replacing old patterns of thinking and behaving and learning and practicing new skills for avoiding drug use and criminal behavior. 9. Contact standards will be at a higher rate than that of typical offenders and will involve a minimum of two PO contacts a month with the offender and their children in the home.As the primary case manager,the PO will be responsible to coordinate additional contacts made by a ODHS worker,and/or any other program service provider such as mentors, health care provider, or in-home service provider. Frequency of contact may decrease as Participant progresses in achieving CMA case plan goals. In addition, offenders will be required to submit logs outlining daily routines, family time,and activities such as playtime, reading with children a minimum of twenty minutes per day, homework assistance, and pro-social events. Collateral contacts will include local multi-disciplinary teams focused on the FSAP including community corrections, local department of human services, and other service providers. 10. The Plan shall utilize a system of graduated Sanctions and incentives which are swift and sure and which encourage program goals while holding Participants accountable for non-compliance behaviors. 11. Weekly random drug testing shall occur, however frequency may decrease as Participant progresses in achieving CMA case plan goals. There shall be a consequence for this or any other rule violation, but that consequence shall not IGA#5280. Deschutes County KLS Contracts Final 112415 Page 4 of 12 automatically result in withdrawal from the program. Sanctions shall be administered in a manner that is mindful of the impact on the children and families. 12. Programs shall include relapse prevention planning and comprehensive transition planning so that participants are more likely to adjust to changes in living situations. 13. Addictions treatment programs must be licensed by the State of Oregon to provide addictions treatment. C. COUNTY shall incorporate the following data requirements in the Plan: 1. COUNTY will utilize the FSAP Participant Flag. 2. The start and stop date of any treatment programming relevant to participation in the FSAP,as well as program exit code,will be entered into the CIS Treatment Module. 3. Numbers of hours in treatment programming designed to promote family reunification and/or reduce recidivism. D. COUNTY will prepare and furnish such data, descriptive information and reports as may be requested by DEPARTMENT as needed to comply with ORS 423.520,which states in part, "The department shall require recipients of the grants to cooperate in the collection and sharing of data necessary to evaluate the effect of community corrections programs on future criminal conduct." COUNTY will enter data into CIS in a complete, accurate, and timely manner. COUNTY acknowledges and agrees that DEPARTMENT has the right to reproduce, use and disclose all or any part of such reports, data and technical information furnished under this Agreement. E. COUNTY will permit authorized representatives of DEPARTMENT to make such review of records of COUNTY as may be necessary to satisfy audit and/or program review purposes. A copy of any audit or monitoring report will be made available to COUNTY. F_ COUNTY will follow DEPARTMENT's prescribed allotment and expenditure reporting system in accordance with Exhibit A. This system will be used for controlling County Corrections FSAP Grant funds by DEPARTMENT and to provide suitable records for an audit. G. If funding from DEPARTMENT is reduced or discontinued by legislative action, COUNTY will not be required to increase use of COUNTY revenue for continuing or maintaining corrections services as set out in this Agreement. VI DEPARTMENT RESPONSIBILITIES A. Participate according to this Agreement. B. Provide funding as described in Section VIII of this Agreement. C. Furnish or make available to COUNTY, in a timely manner,those rules,administrative directives and procedures required for COUNTY to meet its obligations described herein,. D. Subject to system capacity and data processing capabilities, DEPARTMENT will furnish data, descriptive information and reports, available to DEPARTMENT and requested by COUNTY that will assist COUNTY in complying with DEPARTMENT requirements. DEPARTMENT hereby grants to COUNTY the right to reproduce, use, and disclose all or part of such reports, data, and technical information furnished under this Agreement. IGA#5280, Deschutes County KLS Contracts Final 112415 Page 5 of 12 E, If by legislative action,funding from DEPARTMENT is reduced to COUNTY, DEPARTMENT agrees to provide reasonable notice and transition opportunity to COUNTY of changes that may significantly alter approved appropriations and programs. F. DEPARTMENT will provide technical assistance to COUNTY in implementing and evaluating COUNTY's Plan. G. DEPARTMENT will work collaboratively with COUNTY and ODHS to implement a Plan, which may include data transfers for purposes of preparing the statutorily required legislative report and collaborative case management. H. DEPARTMENT will automate the FSAP Participant Flag, VII PERFORMANCE GOALS Plans funded under this Agreement will be evaluated by the DEPARTMENT for program effectiveness. Goals for the evaluation are to determine if: A. Children are successfully diverted from entering the foster care system and/or families are reunified. B. Prison bed usage is reduced. C. Recidivism is reduced. D. Participants show evidence of improved community functioning: Improved community functioning will be measured by successful completion of the program and through the existing community corrections performance measures outlined in other intergovernmental agreements that COUNTY is party to(i.e., successful completion of supervision, employment, payment of restitution and/or community service work). E. Treatment programs are evidence-based. Those designed to reduce recidivism will be evaluated using the Corrections Program Checklist. F. Any other identified program goals. VIII FUNDS A. Exhibit A identifies the FSAP Grant Funds authorized under this Agreement for the implementation of the Plan during the term of this Agreement. B. Payment to COUNTY of the entire amount of Grant funds will be made within 15 days after execution of this Agreement, subject to the conditions set forth in subsection G of this Section. C. Both parties agree that all reallocations of funds within programs shall require a Plan Modification. D. Unexpended Funds: Fund balances remaining after the budget year or expiration of the Agreement may be retained by the COUNTY, upon approval by DEPARTMENT,for the provision of on-going supervision,correctional services,and Sanctions In accordance with the Plan. E. Unauthorized Expenditures:Any Grant Funds(defined below)disbursed to COUNTY that are expended for unauthorized purposes, or any unexpended Funds not retained by COUNTY under Section VIII.E, will be deducted by DEPARTMENT from payment or refunded to DEPARTMENT promptly upon DEPARTMENT's written request,which is in no case later than 15 days after DEPARTMENT's written request. IGA#5280, Deschutes County KLS Contracts Final 112415 Page 6 of 12 E. If by legislative action,funding from DEPARTMENT is reduced to COUNTY, DEPARTMENT agrees to provide reasonable notice and transition opportunity to COUNTY of changes that may significantly alter approved appropriations and programs. F. DEPARTMENT will provide technical assistance to COUNTY in implementing and evaluating COUNTY's Plan. G. DEPARTMENT will work collaboratively with COUNTY and ODHS to implement a Plan, which may include data transfers for purposes of preparing the statutorily required legislative report and collaborative case management. H. DEPARTMENT will automate the FSAP Participant Flag. VII PERFORMANCE GOALS Plans funded under this Agreement will be evaluated by the DEPARTMENT for program effectiveness. Goals for the evaluation are to determine if: A. Children are successfully diverted from entering the foster care system and/or families are reunified. B. Prison bed usage is reduced. C. Recidivism is reduced, D. Participants show evidence of improved community functioning: Improved community functioning will be measured by successful completion of the program and through the existing community corrections performance measures outlined in other intergovernmental agreements that COUNTY is party to(i.e., successful completion of supervision, employment, payment of restitution and/or community service work). E. Treatment programs are evidence-based. Those designed to reduce recidivism will be evaluated using the Corrections Program Checklist. luiot F. Any other identified program goals. eriCJ'1 VIII FUNDS 013'11""A A. Exhibit A identifies the FSAP Grant Funds authorized under this Agreement for the Implementation of the Plan during the term of this Agreement. '2 '1:11f — B. Payment to COUNTY of the entire amount of Grant funds will be made within 15 days after execution of this Agreement, subject to the conditions set forth in subsection G of this Section. C. Both parties agree that all reallocations of funds within programs shall require a Plan Modification. D. Unexpended Funds: Fund balances remaining after the budget year or expiration of Agreement may be retained by the COUNTY, upon approval by DEPARTMENT,for the provision of on-going supervision,correctional services, and Sanctions In accordance wi�� the Plan. ,.,. Vii/. p E. Unauthorized Expenditures:Any Gr..• + +s(def ed below)disbursed to COUNTY that are expended for •- . • • rurposes, or any unexpended Funds not retained by COUNTY und; ection VIII.E, ill be deducted by DEPARTMENT from payment or refunded to D" •RTMEN . omptly upon DEPARTMENT'S written request,which is in no case later than 15 .ays after DEPARTMENT's written request. IGA#5280, Deschutes County KLS Contracts Final 112415 Page 6 of 12 F. Maximum Grant Amount. Grant funds are based upon COUNTY's Application for FSAP Funds. Unless amended,the maximum, not-to-exceed FSAP Grant payable to COUNTY under this Agreement is$221,594.83(the"Grant Funds").The maximum grant amount may be increased only by written amendment of this Agreement which is signed by all parties and with all required State approvals. G. Disbursement of Grant Funds under this Agreement is contingent on DEPARTMENT receiving funding,appropriations, limitations,allotments, or other expenditure authority suffidient to allow DEPARTMENT, in the exercise of its reasonable administrative discretion, to make the disbursement. IX NONCOMPLIANCE A. The Assistant Director of Community Corrections or the Assistant Director's designee of the Community Corrections Division shall review COUNTY's compliance with this Agreement. COUNTY must substantially comply with the provisions of the Plan received by DEPARMENT and this Agreement. If, upon review, DEPARTMENT determines that there are reasonable grounds to believe that COUNTY is not in substantial compliance with the Agreement or Plan, the Department may pursue all remedies available to it at law or equity, including without limitation suspending COUNTY's participation in the FSAP program or,to the extent allowed by law,withholding the amount of any misexpended Grant Funds under this Agreement from moneys payable by the DEPARTMENT to COUNTY under other grant programs. Substantial compliance will include but is not limited to oversight of case management interventions and strategies, collaborative relationships, maintenance of contact standards, and/or standards of evidence- based treatment programs as required in Section V.B.,as well as OAR Chapter 291-031. X INDEMNIFICATION. See Exhibit B, XI TERMINATION A. Parties Right to Terminate at its Discretion. At its sole discretion, any party to this Agreement may terminate this Agreement for its convenience upon 30 days'prior written notice. B. Parties may terminate this Agreement immediately upon written notice if federal or state laws, regulations, or guidelines are modified or interpreted in such a way that DEPARTMENT or COUNTY cannot lawfully perform its obligations under this Agreement. C. It is understood and agreed by the parties hereto that this Agreement will remain in force only during its term and will not continue in force after its term.There will be no automatic extension, but this Agreement may be extended only by written consent of the parties hereto. D. It is understood and agreed by the parties hereto that if any part,term or provision of this agreement, including any part,term or provision of any appended material, is held by a court to be illegal or in conflict with any law of the State of Oregon or applicable administrative rule,that element of the Agreement including relevant appended materials will be void and without effect and will be treated by the parties as having been terminated as of the date of determination of the voidness. E. It is understood and agreed by the parties hereto that this Agreement will automatically terminate if the State of Oregon provides no funding. If there is reduced state funding, COUNTY may terminate the Agreement as described herein. IGA#5280, Deschutes County KLS Contracts Final 112415 Page 7 of 12 XII COMPLIANCE WITH APPLICABLE LAW Both Parties shall comply with all federal, state and local laws, regulations,executive orders,and ordinances to which each is subject and which is applicable to this Agreement. Without limiting the generality of the foregoing,the parties expressly agree to comply with: (i)Title VI of the Civil Rights Act of 1964;(ii)Section V of the Rehabilitation Act of 1973; (iii)the Americans with Disabilities Act of 1990 and ORS 659A.142;(iv)all regulations and administrative rules established pursuant to those laws; and (v)all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. All employers, Including COUNTY,_that employ subject workers who work under this Agreement in the State of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage unless such employers are exempt under ORS 656.126. COUNTY shall ensure that each of its subcontractors complies with these requirements. Nothing Is this Agreement shall require COUNTY or DEPARTMENT to act in violation of state or federal law or the Constitution of the State of Oregon. XIII ACCESS TO RECORDS For not less than six(6)years after Agreement expiration, DEPARTMENT,the Secretary of State's Office of the State of Oregon, the federal government, and their duly authorized representatives shall have access to the books, documents, papers and records of COUNTY which are directly pertinent to this specific Agreement for the purpose of making audit, examination, excerpts, and transcripts. COUNTY shall retain all pertinent records until the later of(i)the date that is not less than six years following the Agreement expiration date or(ii)the date on which all litigation regarding this Agreement is resolved. COUNTY agrees full access to DEPARTMENT will be provided in preparation for and during litigation. Copies of applicable records shall be made available upon request. DEPARTMENT shall reimburse COUNTY for the cost of copies DEPARTMENT requests. XIV SURVIVAL All rights and obligations shall cease upon termination or expiration of this Agreement,except for the rights and obligations set forth in Sections IV, X,XI, XII,XIII,XIV, and XV. XV GOVERNING LAW; JURISDICTION; VENUE The laws of the State of Oregon (without giving effect to its conflicts of law principles)govern all matters arising out of or relating to this Agreement, including,without limitation, its validity, interpretation, construction, performance, and enforcement.Any party bringing a legal action or proceeding against any other party arising out of or relating to this Agreement shall bring the legal action or proceeding in the Circuit Court of the State of Oregon for Marion County. Each party hereby consents to the exclusive jurisdiction of such court, waives any objection to venue, and waives any claim that such forum is an inconvenient forum. XVI WAIVER The failure of either party to enforce any provision of this Agreement will not constitute a waiver by that party of that or any other provision. XVII EXECUTION AND COUNTERPARTS This Agreement may be executed in several counterparts,each of which will be an original, all of which will constitute but one and the same instrument. IGA#5280, Deschutes County KLS Contracts Final 112415 Page 8 of 12 XVIII NOTICE Except as otherwise expressly provided in this Agreement, any notices between the parties to be given hereunder shall be given in writing by personal delivery,facsimile,electronic mail,or mailing the same, postage prepaid to COUNTY or DEPARTMENT at the address or number set forth below, or to such other addresses or numbers as any party may indicate pursuant to this section. Any notice so addressed and mailed shall be effective five(5)days after mailing. Any notice delivered by facsimile shall be effective on the day the transmitting machine generates a receipt of the successful transmission, if transmission was during normal business hours of the recipient, or on the next business day, if transmission was outside normal business hours of the recipient. Any notice delivered by electronic mail shall be effective on the day of notification of delivery receipt, if delivery was during normal business hours of the recipient, or on the next business day, if delivery was outside normal business hours of the recipient. Any notice given by personal delivery shall be effective when actually delivered to the Authorized Representatives listed below: To DEPARTMENT: Jeremiah Stromberg,Assistant Director Community Corrections Division Department of Corrections 2575 Center St. NE Salem, OR 97301 Telephone: 503-945-8876; Fax: 503-373-7810 E-Mail: Jeremiah.P.Stromberg@doc.state.or.us To COUNTY: Ken Hales, Director Deschutes County Community Corrections 63360 Britta Street, Building 2 Bend,OR 97701 Telephone: 541-385-3246; Fax: 541-385-1804 Email: ken.hales@co.deschutes.or.us The parties may change the persons named in this section by notice to the other party as provided herein. No amendment to this Agreement is required to make such change. XIX MERGER; INTEGRATION This instrument contains the entire agreement between the parties and no statement made by any party hereto,or agent thereof, not contained or attached with reference thereto in this written Agreement will be valid or binding. This Agreement will supersede all previous communications, representations,wither verbal or written, between the parties hereto. This Agreement may not be enlarged, modified or altered except in writing, signed by the parties, and attached. STATE OF OREGON DEPT. OF CORRECTIONS DESCHUTES COUNTY APPROVALS Jeremiah Stromberg,Assistant Director Signature Date Title Date Reviewed by the Oregon Attorney General's Office: /s/ Cynthia BYrnes per email dated 11/23/15 Assistant Attorney General IGA#5280, Deschutes County KLS Contracts Final 112415 Page 9 of 12 ,00.011'A F$AP"PLAN Itt141'MIDGET SUMMARY DESCHUTES COUNTY (T01,0 attached upon signature Old WW1'Or Agreement by County) IGA#5280, Deschutes County- f<L$Contracts Final 112415 Page 10 of 12 EXHIBIT B INDEMNIFICATION DESCHUTES COUNTY Contribution If any third party makes any claim or brings any action, suit or proceeding alleging a tort as now or hereafter defined in ORS 30.260("Third Party Claim")against a party(the"Notified Party")with respect to which the other party("Other Party")may have liability,the Notified Party must promptly notify the Other Party in writing of the Third Party Claim and deliver to the Other Party a copy of the claim, process,and all legal pleadings with respect to the Third Party Claim. Either party is entitled to participate in the defense of a Third Party Claim, and to defend a Third Party Claim with counsel of its own choosing. Receipt by the Other Party of the notice and copies required in this paragraph and meaningful opportunity for the Other Party to participate in the investigation, defense and settlement of the Third Party Claim with counsel of its own choosing are conditions precedent to the Other Party's liability with respect to the Third Party Claim. With respect to a Third Party Claim for which the State is jointly liable with the County(or would be if joined in the Third Party Claim ), the State shall contribute to the amount of expenses(including attorneys'fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by the County in such proportion as is appropriate to reflect the relative fault of the State on the one hand and of the County on the other hand in connection with the events which resulted in such expenses,judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of the State on the one hand and of the County on the other hand shall be determined by reference to, among other things, the parties'relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses,judgments,fines or settlement amounts. The State's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law if the State had sole liability in the proceeding. With respect to a Third Party Claim for which the County is jointly liable with the State(or would be if joined in the Third Party Claim),the County shall contribute to the amount of expenses(including attorneys'fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by the State in such proportion as is appropriate to reflect the relative fault of the County on the one hand and of the State on the other hand in connection with the events which resulted in such expenses,judgments,fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of the County on the one hand and of the State on the other hand shall be determined by reference to, among other things, the parties'relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses,judgments,fines or settlement amounts.The County's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law if it had sole liability in the proceeding. Alternative Dispute Resolution The parties should attempt in good faith to resolve any dispute arising out of this Agreement. This may be done at any management level, including at a level higher than persons directly responsible for administration of the Agreement. In addition, the parties may agree to utilize a jointly selected mediator or arbitrator(for non-binding arbitration)to resolve the dispute short of litigation. Indemnification by Subcontractors County shall take all reasonable steps to cause its contractor(s)that are not units of local government as defined in ORS 190.003, if any,to indemnify, defend, save and hold harmless the State of Oregon and its officers, employees and agents("Indemnitee")from and against any and all claims, actions, liabilities, damages, losses,or expenses(including attorneys'fees)arising from a tort(as now or hereafter defined in ORS 30.260)caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of County's contractor or any of the officers, agents,employees or subcontractors of the contractor("Claims"). It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by the contractor from and against any and all Claims. IGA#5280, Deschutes County KLS Contracts Final 112415 Page 11 of 12 Subcontractor Insurance Requirements GENERAL. County shall require its first tier contractor(s)that are not units of local government as defined in ORS 190.003, if any,to: i)obtain insurance specified under TYPES AND AMOUNTS and meeting the requirements under, 'TAIL"COVERAGE, NOTICE OF CANCELLATION OR CHANGE,and CERTIFICATES OF INSURANCE before the contractors perform under contracts between County and the contractors(the "Subcontracts"), and li)maintain the insurance in full force throughout the duration of the Subcontracts. The Insurance must be provided by insurance companies or entities that are authorized to transact the business of insurance and issue coverage in the State of Oregon and that are acceptable to the Department. County shall not authorize contractors to begin work under the Subcontracts until the insurance is in full force. Thereafter, County shall monitor continued compliance with the insurance requirements on an annual or more frequent basis. County shall incorporate appropriate provisions in the Subcontracts permitting it to enforce contractor compliance with the insurance requirements and shall take all reasonable steps to enforce such compliance. Examples of"reasonable steps"include issuing stop work orders(or the equivalent)until the insurance is in full force or terminating the Subcontracts as permitted by the Subcontracts,or pursuing legal action to enforce the Insurance requirements. In no event shall County permit a contractor to work under a Subcontract when the County is aware that the contractor is not in compliance with the insurance requirements.As used in this section, a"first tier"contractor is a contractor with which the county directly enters into a contract. It does not include a subcontractor with which the contractor enters into a contract. TYPES AND AMOUNTS. PROFESSIONAL LIABILITY Professional Liability Insurance covering any damages caused by an error, omission or negligent act related to the services to be provided under the Subcontract,with limits not less than$2,000,000, as determined by the Agency: "TAIL"COVERAGE. If any of the required insurance policies is on a"claims made"basis, such as professional liability insurance, the contractor shall maintain either"tail"coverage or continuous"claims made"liability coverage, provided the effective date of the continuous"claims made"coverage is on or before the effective date of the Subcontract,for a minimum of 24 months following the later of: (I)the contractor's completion and County's acceptance of all services required under the Subcontract or,(ii)the expiration of all warranty periods provided under the Subcontract. Notwithstanding the foregoing 24-month requirement, if the contractor elects to maintain"tail"coverage and if the maximum time period "tail" coverage reasonably available in the marketplace is less than the 24-month period described above,then the contractor may request and Department may grant approval of the maximum"tail"coverage period reasonably available in the marketplace. If Department approval is granted,the contractor shall maintain "tail"coverage for the maximum time period that"tail"coverage is reasonably available in the marketplace. NOTICE OF CANCELLATION OR CHANGE. The contractor or its insurer must provide 30 days'written notice to County before cancellation of, material change to, potential exhaustion of aggregate limits of,or non-renewal of the required insurance coverage(s). CERTIFICATE(S)OF INSURANCE. County shall obtain from the contractor a certificate(s)of insurance for all required insurance before the contractor performs under the Subcontract.The certificate(s)or an attached endorsement must specify: i)all entities and individuals who are endorsed on the policy as Additional Insured and ii)for insurance on a"claims made" basis,the extended reporting period applicable to"tail"or continuous "claims made"coverage. IGA#5280, Deschutes County KLS Contracts Final 112415 Page 12 of 12 _CO/ „... INTERGOVERNMENTAL AGREEMENT#5161 BETWEEN THE STATE OF OREGON AND DESCHUTES COUNTY TABLE OF CONTENTS I DEFINITIONS 2 II AUTHORITY AND DURATION ......... ......... ............................. 3 III PLAN AND PLAN MODIFICATION ............. ...... IV AMENDMENTS GENERALLY............ ............................. 4 V DUTIES AND RESPONSIBILITIES OF COUNTY............... ..............4 VI DEPARTMENT RESPONSIBILITIES 6 VII PERFORMANCE GOALS . 6 VIII FUNDS ................... ... ... ...........7 IX NONCOMPLIANCE 7 X INDEMNIFICATION. See Exhibit B 7 XITERMINATION .........„..... .................__....—...... ......................... 8 XII COMPLIANCE WITH APPLICABLE LAW 8 XIII ACCESS TO RECORDS a XIV SURVIVAL 9 XV GOVERNING LAW; JURISDICTION; VENUE 9 XVI WAIVER 9 XVII EXECUTION AND COUNTERPARTS 9 XVIII NOTICE 9 XIX MERGER; INTEGRATION 10 EXHIBIT A COUNTY INTERVENTION PLAN and BUDGET SUMMARY._..... ....... 11 EXHIBIT B INDEMNIFICATION 12 IGA#5161, DESCHUTES County Contracts Unit KLS 080615 Page 1 01 14 DC 2015 - 59i This Agreement is between the State of Oregon acting by and through its Department of Corrections, hereafter called DEPARTMENT,and Deschutes County, hereafter called COUNTY. Whereas, DEPARTMENT is an agency of the State of Oregon and COUNTY is a unit of local government of the State of Oregon and both parties desire to cooperate by agreement to provide correctional services in COUNTY within the requirements as authorized by ORS 423.475 to 423.565; Whereas,the Legislative Assembly of Oregon enacted legislation establishing shared responsibility between county corrections programs and the DEPARTMENT on a continuing basis(ORS 423.475 to 423.565); Whereas, ORS 144.106 provides"the supervisory authority shall use a continuum of administrative sanctions for violations of post-prison supervision"; Whereas, Oregon Laws 2008, chapter 14(Measure 57)was passed by voters of the State of Oregon increasing sentences for certain drug trafficking and theft crimes, requiring addiction treatment for certain offenders at risk of reoffending, and authorizing DEPARTMENT to make grants to counties to provide supplemental funding; Whereas, supplemental funds have been made available to counties for treatment of drug- addicted persons, in accordance to OAR Chapter 291, Division 31; Whereas, supplemental funds are made available•to counties based on a formula that matches the COUNTY's percentage share of community corrections grant-in-aid funds; Whereas, the DEPARTMENT will administer distribution of grants to counties; Now,therefore,THE PARTIES HERETO, in consideration of the mutual promises,terms and conditions hereinafter provided, agree to the following: DEFINITIONS A. Amendment: Any change to this Agreement that alters the terms and conditions of the Agreement, excluding the Duration of the Agreement. Plan Modifications are NOT Amendments. B. Budget Summary: A budget submitted by COUNTY and approved by DEPARTMENT which identifies personnel, materials, services and funding COUNTY will use to implement the Plan. COUNTY's Intervention Budget Summary is described in Exhibit A. C. Community Corrections Manager: Individual designated by COUNTY pursuant to ORS 423.525 as responsible for administration of the community corrections programs as set forth by the Plan. D. Corrections Information System(CIS): Statewide Evaluation and Information System: The Corrections Information Systems (CIS) Including the Offender Profile System(OPS),the Integrated Supervision Information (ISIS), Case Management for Institutions (CMI),Offender Management System(OMS), Offender Information System(OIS), Interstate Compact Offender Tracking System(ICOTS),and related case management modules. IGA#5161,DESCHUTES County Contracts Unit KLS 080615 Page 2 of 14 E. County Corrections:AU COUNTY agencies and officials who carry out the responsibilities in ORS 423.478(2)(a)-(f). F. County Corrections Intervention Grant:Grant(s)made by DEPARTMENT to assist COUNTY in the implementation and operation of the Plan. G. County Intervention Plan IP)an):A document developed by the COUNTY and - approved by the DEPARTMENT which describes COUNTY's approach to providing effective interventions for drug addicted offenders under COUNTY supervision. The County Intervention Plan is described in Exhibit A, County Intervention Plan and Budget Summary. H. Iniieryention: A response to Participant compliance of conditions of the Plan. I_ Participant: An offender, under supervision of the COUNTY and enrolled in the Plan. J. Plan Modification:A written change or alteration to the Plan promulgated by COUNTY modifying the Plan;or the Duration of the Agreement. K. Sanctions or Structured Sanctions: A response to offender violations of conditions of supervision that uses custody units. L. Supervisory Authority: The local corrections official or officials designated in each COUNTY by that COUNTY's Board of County Commissioners or county court to operate corrections supervision services, custodial facilities or both. M. Texas Christian University(TCU)assessment Tool: The Texas Christian University Assessment tool,to be used on Participants in COUNTY program, mandated by the DEPARTMENT. II AUTHORITY AND DURATION A. Authority This Agreement is entered into pursuant to the provisions of ORS 423.520, B. Duration This Agreement will become effective on July 1,2015 and will remain in effect until June 30,2017 or until terminated according to Section Xl (Termination). III PLAN; PLAN MODIFICATIONS A. The Plan must be received and approved by.DEPARTMENT before disbursements of funds described in Section VIII can be made to COUNTY. B, Plan Modifications: COUNTY and DEPARTMENT agree that the Plan must remain a flexible instrument capable of responding to unforeseen needs and requirements. A copy of all Plan Modifications will be marked in sequence beginning with the designation"Plan Modification 1"and attached to the above-mentioned Plan. DEPARTMENT will notify COUNTY of any concerns about the modification or the IGA#5161,DESCHUTES County Contracts Unit KLS 080615 Page 3 of 14 need for an amendment within a 30 calendar day period after DEPARTMENT receives the Plan Modification. C. Notice of Modification: No Plan Modifications shall take effect until COUNTY gives written notice to DEPARTMENT, in a form approved by DEPARTMENT. DEPARTMENT shall provide to COUNTY an approved form for modifications as soon as practicable after execution of this Agreement. D. Plan Modifications shall become effective upon the date the Plan Modification is approved in writing by the DEPARTMENT. IV AMENDMENTS GENERALLY The terms of this Agreement shall not be waived,altered, modified, supplemented or amended,in any manner whatsoever, except by written Amendment signed by the parties. An Amendment shall become effective only after all parties have signed and all approvals have been obtained. V DUTIES AND RESPONSIBILITIES OF COUNTY A. COUNTY shall assume administrative responsibility to provide services as outlined in the Plan. B. COUNTY shall incorporate the principles described below into the Plan: 1. Treatment programs shall be evidence-based. Evidence-based programs are delivered consistent with the findings in research about what works best to reduce recidivism. 2. Assessment which is standardized, objective, and comprehensive shall be used to P rioritize treatment,determine criminal risk factors,and to determine the proper level of care. Assessments of risk shall be based on actuarial risk assessment tools. 3. Rules, requirements and expectations for Participants, including consequences for success and for failure are made formal and clear by an authority figure. 4, An individual case plan shall be developed for each Participant. The case plan shall include criminal risk factors in addition to addiction that will be addressed in treatment. 5. Treatment program design shall address issues of motivation. Treatment options shall be available for Participants consistent with their assessed stage of change. 6. Treatment shall be based on cognitive and behavioral interventions and social learning approaches. Treatment programs shall be of sufficient length and intensity to produce stable behavior changes based on replacing old patterns of thinking and behaving and learning and practicing new skills for avoiding drug use and criminal behavior. IGA#5181,DESCHUTES County Contracts Unit KLS 080815 Page 4 0114 7. The Plan shall utilize a system of graduated Sanctions and incentives which are swift and sure and which encourage recovery goals while holding Participants accountable for non-compliance behaviors. 8. Weekly random drug testing shall occur, however frequency may decrease as Participant progresses. There shall be a consequence for this or any other rule violation, but that consequence shall not automatically result in withdrawal from treatment. Sanctions shall be administered in a manner to assure longer stays in treatment which are associated with good outcomes. 9. Co-ed treatment shall be avoided If possible. 10. Programs shall include relapse prevention planning and comprehensive transition planning so that participants are more likely to adjust to the next level of care or change in living situation. 11. Addictions treatment programs must be licensed by the State of Oregon to provide addictions treatment. C. COUNTY shall incorporate the following data requirements: 1. COUNTY will identify Participants through the indicating'Y' under the M57 Tx data field,located in the Treatment Module. 2. The start and stop date of the actual program participation, as well as program exit code,will be entered into the CIS Treatment Module 3. Program Participants will be assessed for level of severity of addiction, using the Texas Christian University assessment tool (available at no cost),and enter corresponding data as determined by DEPARTMENT. D. COUNTY will prepare and furnish such data,descriptive information and reports as may be requested by DEPARTMENT as needed to comply with ORS 423.520, which states in part, "The department shall require recipients of the grants to cooperate in the collection and sharing of data necessary to evaluate the effect of community corrections programs on future criminal conduct."COUNTY will enter data into CIS in a complete,accurate,and timely manner. COUNTY acknowledges and agrees that DEPARTMENT has the right to reproduce, use and disclose all or any part of such reports,data and technical information furnished under this Agreement. E. COUNTY will permit authorized representatives of DEPARTMENT to make such review of records of COUNTY as may be necessary to satisfy audit and/or program review purposes. A copy of any audit or monitoring report will be made available to COUNTY. F. COUNTY will follow DEPARTMENT's prescribed allotment and expenditure reporting system in accordance with Exhibit A. This system will be used for controlling County Corrections Intervention Grant funds by DEPARTMENT and to provide suitable records for an audit. IGA#5161,DESCHUTES County Contracts Unit KLS 080615 Page 5 0114 G. If funding from DEPARTMENT is reduced or discontinued by legislative action, COUNTY will not be required to Increase use of COUNTY revenue for continuing or maintaining corrections services as set out In this Agreement. VI DEPARTMENT RESPONSIBILITIES A. Participate according to this Agreement. B. Provide funding as described in Section VIII of this Agreement. C, Furnish COUNTY, in a timely manner,those rules, administrative directives and procedures required for COUNTY to meet Its obligations described herein. D. Subject to system capacity and data processing capabilities, DEPARTMENT will furnish data, descriptive information and reports, available to DEPARTMENT and requested by COUNTY that will assist COUNTY in complying with DEPARTMENT requirements. DEPARTMENT hereby grants to COUNTY the right to reproduce, use, and disclose all or part of such reports,data,and technical information furnished under this Agreement. E. If by legislative action,funding from DEPARTMENT is reduced to COUNTY, DEPARTMENT agrees to provide reasonable notice and transition opportunity to COUNTY of changes that may significantly alter approved appropriations and programs. F. DEPARTMENT will provide technical assistance to COUNTY In implementing and evaluating COUNTY's Plan. VII PERFORMANCE GOALS interventions funded under this Agreement will be evaluated by the DEPARTMENT for treatment effectiveness. Goals for the evaluation are to determine if: A. Treatment programs are evidence-based, as evaluated by the Corrections Program Checklist. B. Recidivism is reduced: Participants will recidivate at lower rates than similar untreated offenders. C. Participants reduce drug use: Results of random urinalysis will be analyzed. D. Participants show evidence of improved community functioning: Improved community functioning will be measured by successful completion of the program and through the existing community corrections performance measures (successful completion of supervision, employment, payment of restitution and/or community service work). IGA#5161,DESCHUTES County Contracts Unit KLS 080615 Page 6 of 14 VIII FUNDS A. Exhibit A identifies the County Corrections Intervention Grant funds authorized under this Agreement for the implementation of the Plan during the term of this Agreement. B. Payment to COUNTY will be made within 15 days after execution of this Agreement. C. Both parties agree that all reallocations of funds within programs shall require a Plan Modification. D. Unexpended Funds: Fund balances remaining after the budget year or expiration of . the Agreement may be retained by the COUNTY, upon approval by DEPARTMENT,` for the provision of on-going supervision,correctional services,and sanctions in accordance with the Plan. E. Unauthorized Expenditures:Any grant funds disbursed to COUNTY that are expended for unauthorized purposes,or any Unexpended Funds not retained by COUNTY under Section VIII.E,will be deducted by DEPARTMENT from payment or refunded to DEPARTMENT promptly upon DEPARTMENT'S written request and no later than 15 days after DEPARTMENT's written request. F. Maximum Grant Amount. Grant funds are based upon COUNTY's Application for Supplemental Funds. Unless amended,the maximum, not-to-exceed County Corrections Intervention Grant payable to COUNTY under this Agreement is $468,631.The maximum grant amount may be increased only by written amendment of this Agreement which is signed by all parties and with all required State approvals. G. Disbursement of Grant Funds under this agreement Is contingent on DEPARTMENT receiving funding,appropriations, limitations, allotments,or other expenditure authority sufficient to allow DEPARTMENT, in the exercise of its reasonable administrative discretion,to make the disbursement. IX NONCOMPLIANCE A. The Assistant Director of Community Corrections or the Assistant Director's designee of the Community Corrections Division shall review COUNTY's compliance with this Agreement. COUNTY must substantially comply with the provisions of the Plan received by DEPARMENT and this Agreement. If, upon review, DEPARTMENT determines that there are reasonable grounds to believe that COUNTY is not in substantial compliance with the Agreement or Plan, including but not limited to standards of evidence-based treatment programs as required in Section V.B.1, DEPARTMENT and COUNTY shall proceed in compliance accordance with OAR Chapter 291-031,to reach compliance or, if comp ion e is not obtained,to suspend funding. X INDEMNIFICATION. See Exhibit B. IGA#5161,DESCHUTES County Contracts Unit KLS 080615 Page 7 of 14 XI TERMINATION A. Parties Right to Terminate at its Discretion. At its sole discretion, any party to this Agreement may terminate this Agreement for its convenience upon 30 days'prior written notice. B. Parties may terminate this Agreement immediately upon written notice if federal or state laws, regulations, or guidelines are modified or interpreted in such a way that DEPARTMENT or COUNTY cannot lawfully perform its obligations under this Agreement. C. It is understood and agreed by the parties hereto that this Agreement will remain in force only during its term and will not continue in force after its term.There will be no automatic extension, but this Agreement may be extended only by written consent of the parties hereto. D. It is understood and agreed by the parties hereto that if any part,term or provision of this agreement, including any part,term or provision of any appended material, is held by a court to be illegal or in conflict with any law of the State of Oregon or applicable administrative rule,that element of the contract including relevant appended materials will be void and without effect and will be treated by the parties as having been terminated as of the date of determination of the voidness. E. It is understood and agreed by the parties hereto that this Agreement will automatically terminate if the State of Oregon provides no funding. If there is reduced state funding, COUNTY may terminate the Agreement as described herein. XII COMPLIANCE WITH APPLICABLE LAW Both Parties shall comply with all federal,state and local laws, regulations,executive orders,and ordinances to which each is subject and which is applicable to this Agreement. Without limiting the generality of the foregoing,the parties expressly agree to comply with: (I)Title VI of the Civil Rights Act of 1964; (ii)Section V of the Rehabilitation Act of 1973; (iii) the Americans with Disabilities Act of 1990 and ORS 659A.142; (iv)all regulations and administrative rules established pursuant to those laws; and (v)all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. All employers, including COUNTY,that employ subject workers who work under this Agreement in the State of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage unless such employers are exempt under ORS 656.126. COUNTY shall ensure that each of its subcontractors complies with these requirements. Nothing is this Agreement shall require COUNTY or DEPARTMENT to act in violation of state or federal law or the Constitution of the State of Oregon. XIII ACCESS TO RECORDS For not less than six(6)years after Agreement expiration, DEPARTMENT,the Secretary of State's Office of the State of Oregon, the federal government,and their duly authorized representatives shall have access to the books, documents,papers and records of COUNTY which are directly pertinent to this specific Agreement for the purpose of making audit, examination,excerpts,and transcripts. COUNTY shall retain all pertinent records IGA#5161,DESCHUTES County Contracts Unit KLS 080615 Page 8 of 14 until the later of(i)the date that is not less than three years following the Agreement expiration date or(ii)the date on which all litigation regarding this Agreement is resolved. COUNTY agrees full access to DEPARTMENT will be provided in preparation for and during litigation. Copies of applicable records shall be made available upon request. DEPARTMENT shall reimburse COUNTY for the cost of copies DEPARTMENT requests. XIV SURVIVAL. All rights and obligations shall cease upon termination or expiration of this Agreement, except for the rights and obligations set forth in Sections IV,X,XI,XII,XIII,XIV, and XV. XV GOVERNING LAW; JURISDICTION;VENUE The laws of the State of Oregon(without giving effect to its conflicts of law principles) govern all matters arising out of or relating to this Agreement, including,without limitation, its validity, interpretation, construction, performance, and enforcement. Any party bringing a legal action or proceeding against any other party arising out of or relating to this Agreement shall bring the legal action or proceeding in the Circuit Court of the State of Oregon for Marion County. Each party hereby consents to the exclusive jurisdiction of such court,waives any objection to venue, and waives any claim that such forum is an inconvenient forum. XVI WAIVER The failure of either party to enforce any provision of this Agreement will not constitute a waiver by that party of that or any other provision. XVII EXECUTION AND COUNTERPARTS This Agreement may, be executed in several counterparts,each of which will be an original, all of which will constitute but one and the same instrument. XVIII NOTICE Except as otherwise expressly provided in this Agreement, any notices between the Parties to be given hereunder shall be given in writing by personal delivery,facsimile, electronic mail, or mailing the same, postage prepaid to COUNTY or ODOC at the address or number set forth below, or to such other addresses or numbers as any Party may indicate pursuant to this section. My notice so addressed and mailed shall be effective five(5)days after mailing. Any notice delivered by facsimile shall be effective on the day the transmitting machine generates a receipt of the successful transmission, if transmission was during normal business hours of the recipient, or on the next business day, if transmission was outside normal business hours of the recipient. Any notice delivered by electronic mail shall be effective on the day of notification of delivery receipt, if delivery was during normal business hours of the recipient,or on the next business day, if delivery was outside normal business hours of the recipient. Any notice given by personal delivery shall be effective when actually delivered to the Authorized Representatives listed below: IGA#5161,DESCHUTES County Contracts Unit KLS 0801315 Page 9 of 14 To DEPARTMENT: Jeremiah Stromberg,Assistant Director Community Corrections Division Department of Corrections 2575 Center St. NE Salem,OR 97301 Telephone: 503-945-8876 Fax: 503-373-7810 E-Mail: Jeremiah.P.Stromberg©doc.state.or.us To COUNTY: Ken Hales, Director Deschutes Co Community Corrections 63360 Britta Street Bldg 2 Bend OR 97701 Phone: (541)385-3246 Fax: (541)385-1804 Email: ken.hales@cQ.deschutes.or.us The Parties may change the persons named in this section by notice to the other Parties as provided herein. No amendment to this Agreement is required to make such change. XIX MERGER; INTEGRATION This instrument contains the entire agreement between the parties and no statement made by any party hereto, or agent thereof, not contained or attached with reference thereto in this written agreement will be valid or binding.This Agreement will supersede all previous communications, representations, wither verbal or written, between the parties hereto. This Agreement may not be enlarged, modified or altered except in writing, signed by the parties, and attached. STATE OF OREGON DEPT. OF CORRECTIONS DESCHUTES4COOUUNTY APPROVALS . E� Jeri ah Stromberg,Ass;. -rant Director Signature Anthony DeBone,Chair /� Deschutes County Board of Commissioners Date !/ Title Date Reviewed by the Oregon Attorney General's Office: /s/ Keith KutleraIer email dated 5/19/15 Assistant Attorney General IGA#5181,DESCHUTES County Contracts Unit KLS 080615 Page 10 of 14 Exhibit A County Intervention Plan and Budget Summary DESCHUTES COUNTY Deschutes County M57 15/17 Utilization Plan • The population being served;again it would be helpful for you to indicate if these funds are being used solely for your drug court population. o Deschutes County M57 program will continue with the same objectives for the coming biennium. Our population continues to be M57 eligible offenders who have drug addiction. The program will run similarly to the prior biennium,however,we intend to team this program with the division's JRP program. The M57 PO will work delivering intensive supervision to the M57 population through treatment and services.The division will be attempting a dosage model with the M57 program. There are two PO FTE that are funded with the M57 funds. 4/ • The treatment programs being used and the intensity and duration that have been designed o . into your approach. o We continue to contract with same treatment provider as we have in the past couple of biennium. We will have meetings to assess the program's completion rate and determine any operational changes would increase the completion rate as well as continued sobriety post treatment. • The types of sanctions that are available and what you see being utilized as well as any existing rewards/reinforcers used to motivate the offenders to succeed. o Deschutes County will continue to use a variety of sanctions for this program,which include, increased reporting,placement on the random UA program,electronic monitoring,work crew and jail sanctions. The division provides rewards when appropriate,such as,bus passes,and decreased reporting. • What collaborations exist between you and your local criminal justice partners or what partnerships have been created since the original implementation of your M57 Supplemental Fund program. o The division works with our local treatment provider and clean and sober housing programs to provide services for this population. Those offenders who qualify may also be eligible to receive housing through the division JRP program. IGA#5161,DESCHUTES County Contracts Unit KIS 080615 Page 11 of 14 2015-2017 M57 Supplemental Funds Intervention Program Budget Summary 16-15 T 15.17 Program Expenses M57 M57 Other State Countylt.ocal (please be detailed) Supplemental Supplemental Funds Funds Total Funds Carryover Funds A.Supervision Related Personnel Costs Salaries and wages (Include position FTE and type) 2 Parole and Probation 011iccers 230,251 378,873 Payroll taxes and benefits 128,380 18,242 B.Materials and Services Random UA program 5,000 5,000 C. Treatment Provider and/or Contracted 100,000 Professional Services Dr=Treatment with Pfieferc 100,000 D. Sanction Costs(by type) - " 10,000 10,000 Electronic Monitoring Device E.Capital Outlay and Start- Up Costs Total 468,631 23,242 491,873 1 EXHIBIT B INDEMNIFICATION DESCHUTES COUNTY Contribution If any third party makes any claim or brings any action, suit or proceeding alleging a tort as now or hereafter defined in ORS 30.260("Third Party Claim")against a party(the"Notified Party")with respect to which the other party("Other Party")may have liability,the Notified Party must promptly notify the Other Party in writing of the Third Party Claim and deliver to the Other Party a copy of the claim, process, and all legal pleadings with respect to the Third Party Claim. Either party is entitled to participate in the defense of a Third Party Claim, and to defend a Third Party Claim with counsel of its own choosing. Receipt by the Other Party of the notice and copies required in this paragraph and meaningful opportunity for the Other Party to participate In the investigation, defense and settlement of the Third Party Claim with counsel of its own choosing are conditions precedent to the Other Party's liability with respect to the Third Party Claim. With respect to a Third Party Claim for which the State is jointly liable with the County(or would be if joined in the Third Party Claim ),the State shall contribute to the amount of expenses(including attorneys'fees),judgments,fines and amounts paid in settlement actually and reasonably incurred and paid or payable by the County in such proportion as is appropriate to reflect the relative fault of the State on the one hand and of the County on the other hand in connection with the events which resulted in such expenses,judgments,fines or settlement amounts, as well as any other relevant equitable considerations.The relative fault of the State on the one hand and of the County on the other hand shall be determined by reference to, among other things,the parties'relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses,judgments,fines or settlement amounts. The State's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law if the State had sole liability in the proceeding. With respect to a Third Party Claim for which the County is jointly liable with the State(or would be if joined in the Third Party Claim),the County shall contribute to the amount of expenses(including attorneys'fees),judgments,fines and amounts paid in settlement actually and reasonably incurred and paid or payable by the State in such proportion as is appropriate to reflect the relative fault of the County on the one hand and of the State on the other hand in connection with the events which resulted in such expenses,judgments,fines or settlement amounts,as well as any other relevant equitable considerations.The relative fault of the County on the one hand and of the State on the other hand shall be determined by reference to, among other things,the parties'relative Intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses,judgments,fines or settlement amounts. The County's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law if it had sole liability in the proceeding. Alternative Dispute Resolution The parties should attempt in good faith to resolve any dispute arising out of this agreement. This may be done at any management level, Including at a level higher than persons directly responsible for administration of the agreement. In addition,the parties may agree to utilize a jointly selected mediator or arbitrator(for non-binding arbitration)to resolve the dispute short of litigation. IGA#5161,DESCHUTES County Contracts Unit Kt_S 080615 Page 12 of 14 Indemnification by Subcontractors County shall take all reasonable steps to cause its contractor(s)that are not units of local government as defined in ORS 190.003, if any,to indemnify, defend, save and hold harmless the State of Oregon and its officers, employees and agents("Indemnitee")from and against any and all claims, actions, liabilities,damages, losses, or expenses(including attorneys'fees) arising from a tort(as now or hereafter defined in ORS 30.260)caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of County's contractor or any of the officers, agents,employees or subcontractors of the contractor("Claims"). It is the specific intention of the parties that the Indemnitee shall, In all instances,except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee,be indemnified by the contractor from and against any and all Claims. Subcontractor Insurance Requirements GENERAL. County shall require its first tier contractor(s)that are not units of local government as defined in ORS 190.003, if any, to: 1)obtain insurance specified under TYPES AND AMOUNTS and meeting the requirements under, "TAIL"COVERAGE, NOTICE OF CANCELLATION OR CHANGE, and CERTIFICATES OF INSURANCE before the contractors perform under contracts between County and the contractors(the"Subcontracts"), and ii)maintain the insurance in full force throughout the duration of the Subcontracts. The insurance must be provided by insurance companies or entities that are authorized to transact the business of insurance and issue coverage in the State of Oregon and that are acceptable to Agency. County shall not authorize contractors to begin work under the Subcontracts until the insurance is in full force. Thereafter,County shall monitor continued compliance with the Insurance requirements on an annual or more frequent basis. County shall incorporate appropriate provisions in the Subcontracts permitting it to enforce contractor compliance with the insurance requirements and shall take all reasonable steps to enforce such compliance. Examples of"reasonable g stop steps" include Issuin sto work orders(or the P equivalent)until the insurance is in full force or terminating the Subcontracts as permitted by the Subcontracts, or pursuing legal action to enforce the insurance requirements. In no event shall County permit a contractor to work under a Subcontract when the County is aware that the contractor is not in compliance with the insurance requirements.As used in this section, a"first tier" contractor Is a contractor with which the county directly enters into a contract. It does not include a subcontractor with which the contractor enters into a contract. TYPES AND AMOUNTS. PROFESSIONAL LIABILITY Professional Liability Insurance covering any damages caused by an error,omission or negligent act related to the services to be provided under the Subcontract,with limits not less than $2,000,000, as determined by the Agency: "TAIL"COVERAGE. If any of the required insurance policies is on a"claims made" basis, such as professional liability insurance, the contractor shall maintain either"tail"coverage or continuous "claims made"liability coverage, provided the effective date of the continuous"claims made" coverage is on or before the effective date of the Subcontract,for a minimum of 24 months following the later of: (i)the contractor's completion and County's acceptance of all Services IGA#5161,DESCHUfES County Contracts Unit KI.S 080615 Page 13 of 14 required under the Subcontract or,(II)the expiration of all warranty periods provided under the Subcontract. Notwithstanding the foregoing 24-month requirement, if the contractor elects to maintain"tail"coverage and if the maximum time period"tail"coverage reasonably available in the marketplace is less than the 24-month period described above,then the contractor may request and Agency may grant approval of the maximum"tail"coverage period reasonably available in the marketplace. If Agency approval is granted,the contractor shall maintain'lair coverage for the maximum time period that"tail"coverage is reasonably available in the marketplace. NOTICE OF CANCELLATION OR CHANGE. The contractor or its insurer must provide 30 days' written notice to County before cancellation of, material change to, potential exhaustion of aggregate limits of,or non-renewal of the required Insurance coverage(s). CERTIFICATE(S)OF INSURANCE.County shall obtain from the contractor a certificate(s)of insurance for all required insurance before the contractor performs under the Subcontract.The certificate(s)or an attached endorsement must specify:I)all entities and individuals who are endorsed on the policy as Additional insured and ii)for insurance on a"claims made"basis, the extended reporting period applicable to"tail"or continuous"claims made"coverage, IGA#5161,DESCHUTES County Contracts Unit KLS 080615 Page 14 of 14 V / w/t0k INTERGOVERNMENTAL AGREEMENT#5116 BETWEEN THE STATE OF OREGON AND DESCHUTES COUNTY This Agreement is between the State of Oregon acting by and through its Department of Corrections, hereafter called DEPARTMENT, and Deschutes County, hereafter called COUNTY. Whereas, DEPARTMENT is an agency of the State of Oregon and COUNTY is a unit of local government of the State of Oregon and both parties desire to cooperate by agreement to provide correctional services in COUNTY within the requirements as authorized by ORS 423.475 to 423.565; Whereas, Legislative�illative Assemb I of Oregon enacted legislation establishing 9 shared responsibility between county corrections programs and the Department on a continuing basis (ORS 423.475 to 423.565); Whereas, ORS 144.106 provides "the supervisory authority shall use a continuum of administrative sanctions for violations of post-prison supervision"; Whereas, ORS 144.334 provides that the Board of Parole and Post-Prison Supervision may authorize issuance of citations by supervising officers; Whereas, ORS 144.343 provides that the Board of Parole and Post-Prison Supervision may delegate the authority to impose sanctions as provided in ORS 144.106 and to continue a violator on parole or post-prison supervision with the same or modified conditions; Whereas, ORS 423.478(2)(a)-(f) assigns responsibility for all offenders on probation, parole, post-prison supervision and those offenders sentenced or revoked for periods of one year or less, and on conditional release to COUNTY; Whereas, ORS 1 37.545 and 137.595 provide that courts may delegate the authority to parole/probation officers to impose sanctions for probationers through a system of Structured Sanctions; and Whereas, ORS 423.555 requires DEPARTMENT, with cooperation from COUNTY, to establish and operate a Statewide Evaluation and Information System and to monitor effectiveness of corrections services provided to criminal offenders under ORS 423.500 to 423,560. Now, therefore, THE PARTIES HERETO, in consideration of the mutual promises, terms and conditions hereinafter provided, agree to the following: IGA#5116 Deschutes County Contracts KLS 031115 Page 1 of 17 I. DEFINITIONS A. Amendment: Any change to this Agreement that alters the terms and conditions of the Agreement, effective only after all parties have signed and all approvals have been obtained. Plan Modifications are NOT Amendments. B. Budget Summary: The part of the County Corrections Plan that reflects the amount of County Corrections Grant funds granted by DEPARTMENT to COUNTY to implement the programs In the Plan. The Budget Summary is attached to this Agreement as Exhibit A. C. Community Corrections Manaaer: Individual designated by COUNTY pursuant to ORS 423.525 as responsible for administration of the community corrections programs as set forth by the Plan. D. County Corrections: All County agencies and officials who carry out the responsibilities in ORS 423.478(2)(a)-(f). E. County Corrections Plan (Plan): A document developed by the Local Public Safety Coordinating Councils and adopted by COUNTY's governing body pursuant to ORS 423.525 and 423.535 and received by DEPARTMENTS director or designee. F. County Corrections Plan Modification: A written change or alteration to the County Corrections Plan promulgated by COUNTY modifying the Plan subject to ORS 423.525, effective upon the date the written change or alteration has been submitted to the DEPARTMENT representative under this Agreement. G. County Corrections Grant: Grant(s) made by DEPARTMENT to assist COUNTY in the implementation and operation of county corrections programs including, but not limited to, preventive or diversionary correctional programs, probation, parole, post-prison supervision work release and local correctional facilities and programs for offenders. H. Sanctions or Structured Sanctions: A response to offender violations of conditions of supervision that uses custody units. I. Statewide Evaluation and Information System: The Corrections Information Systems (CIS) including the Offender Profile System (OPS), the Integrated Supervision Information System (ISIS), Case Management for Institutions (CMI), Offender Management System (OMS), Offender Information System (01S), Interstate Compact Offender Tracking System (ICOTS), and related case management modules. J. Supervisory Authority The local corrections official or officials designated in each COUNTY by that COUNTY's Board of County Commissioners or 1GA#5110 Deschutes County Contracts KLS 031115 Page 2 of 17 county court to operate corrections supervision services, custodial facilities or both. H. AUTHORITY AND DURATION A. Authority This Agreement is entered into pursuant to the provisions Of ORS 423.520. B. Duration This Agreement will become effective on July 1, 2015 and will remain in g Y effect until June 30,2017 or until terminated according to Section X, Termination. Ill. PLAN; PLAN MODIFICATIONS A. Community Corrections Plan: COUNTY will create a community corrections plan meeting the requirements of ORS 423.525 outlining the basic structure of supervision, services, and local sanctions to be applied to offenders convicted of felonies and on supervision in the county. The Plan consists of program descriptions and budget allocations and is included as part of this agreement. The Plan must be received and approved by DEPARTMENT before disbursements can be made by COUNTY. B. Plan Modifications: COUNTY and DEPARTMENT agree that the Plan must remain a flexible instrument capable of responding to unforeseen needs and requirements. COUNTY may modify the Plan according to ORS 423.525 and the administrative rules thereunder governing the support and development of County Corrections Programs. A copy of all Plan Modifications will be marked in sequence beginning with the designation "Plan Modification 1" and attached to the above-mentioned Plan. DEPARTMENT will notify COUNTY of any concerns about the modification or the need for an amendment within a 30 calendar day period after DEPARTMENT receives the Plan Modification. C. Notice of Modification: No Plan Modifications shall take effect until COUNTY gives written notice to DEPARTMENT, In a form approved by DEPARTMENT. DEPARTMENT shall provide to COUNTY an approved form for modifications as soon as practicable after execution of this Agreement. IV. AMENDMENTS GENERALLY The terms of this Agreement shall not be waived, altered, modified, supplemented or amended, in any manner whatsoever, except by written Amendment signed by the parties. IGA#5116 Deschutes County Contracts KLS 031115 Page 3 of 17 V. DUTIES AND RESPONSIBILITIES OF COUNTY A. COUNTY shall assume administrative responsibility for correctional supervision and services within its Jurisdiction, as outlined in the Plan. B. COUNTY shall designate a Community Corrections Manager. C. COUNTY will meet the goals for community corrections in Oregon described below: 1. Reduce Criminal Behavior a. Indicator recidivism, as measured by felony convictions from initial admission to probation, tracking for three years from admission. b. Indicator recidivism, as measured by felony convictions from first release to parole/post-prison supervision, tracking for three years from release. 2. Enforce Court, Board of Parole and Post-Prison Supervision, and Local Supervisory Authority Orders: a. Indicator the percentage of positive case closures for offenders on parole/post-prison supervision. b. Indicator the percentage of positive case closures for offenders on probation. 3. Assist Offenders to Change: a. Indicator employment rates for offenders on supervision. b. Indicator: substantial compliance with treatment requirements. 4. Provide Reparation to Victims and Community a. Indicator: the percentage of restitution and compensatory fines collected, owed to victims. b. Indicator: the percentage of community service hours provided by offenders on supervision. D. Except as otherwise provided by the DEPARTMENT's rules or orders, COUNTY will adopt and implement a continuum of administrative sanctions used by DEPARTMENT and the Board of Parole and Post-Prison Supervision for violators of conditions of Probation, Parole and Post-Prison Supervision as authorized by ORS 144.106, 144.334, 144.343 and 137.540 and the rules thereunder. COUNTY will manage local control post-prison supervision in accordance with the rules and practices of the Board of Parole and Post-Prison supervision. 1GA#5116 Deschutes County Contracts KLS 031115 Page 4 of 17 E. COUNTY will follow the Oregon Administrative Rules(OAR's)applicable to community corrections, including but not limited to the following: 1. Computerized Information System Access and Security OAR 291- 005-0005 through 291-005-0075. 2. Case Transfer, OAR 291-019-0100 through OAR 291-019-0160. 3. Searches, OAR-291-028-0100_through.OAR 291-028-0115. 4. Community Corrections Programs, OAR 291-031-0005 through OAR 291-031-0360. 5. Pre-sentence Investigation, OAR 291-038-0005 through 291-038- 0060. 6. Structured, Intermediate Sanctions OAR 291-058-0010 through OAR 291-058-0070. 7. Short-term Transitional Leave, OAR 291-063-005 through 291-063- 0060. 8. Records Management, OAR 291-070-0100 through OAR 291-070- 0140. 9. Community Case Management, OAR 291-078-0005 through OAR 291-078-0031. 10. Admission, Sentence Computation and Release, OAR 291-100- 0005 through OAR 291-100-0160. 11. Interstate Compact, OAR 291-180-0106 through OAR 291-180- 0275. 12. Sex Offenders, Special Provisions, OAR 291-202-0010 through 291- 202-0130. 13. Active and Inactive Probation, OAR 291-206-005 through 291-206- 0030. 14. Earned Discharge, OAR 291-209-0010 through 291-209-0070. 15. Dangerous Offenders, OAR Chapter 255, Divisions 36 and 37. 16. Release to Post-Prison Supervision or Parole and Exit Interviews, OAR Chapter 255, Division 60. 17. Conditions of Parole and Post-Prison Supervision, OAR Chapter 255, Division 70. 18. Procedures for Response to Parole and Post-Prison Supervision Condition Violations for Offenders Under the Jurisdiction of the Board of Parole and Post-Prison Supervision or Local Supervisory Authority, OAR Chapter 255, Division 75. 19. Active and Inactive Parole and Post-Prison Supervision, OAR Chapter 255, Division 94. 20. Archiving, OAR Chapter 166. F. COUNTY will follow all applicable Federal and State civil rights laws including, but not limited to: 1. Federal Code, Title 5 USCA 7201 et seq. -Anti-discrimination in Employment. IGA#5118 Deschutes County Contracts Kl8 031115 Page 5 of 17 2. Oregon Statutes, Enforcement of Civil Rights: ORS 659A.009, 659A.006, and 659A.030. 3. Americans with Disabilities Act. G. COUNTY will prepare and furnish such data, descriptive information and reports as may be requested by DEPARTMENT as needed to comply with ORS 423.520, which states in part, "The department shall require recipients of the grants to cooperate [. . .J in the collection and sharing of data necessary to evaluate the effect of community corrections programs on future criminal conduct," COUNTY will enter data into the Corrections Information System in a complete, accurate, and timely manner. COUNTY agrees to, and does hereby grant DEPARTMENT the right to reproduce, use and disclose all or any part of such reports, data and technical information furnished under this Agreement. H. COUNTY will permit authorized representatives of DEPARTMENT to make such review of records of COUNTY as may be necessary to satisfy audit or program review purposes. A copy of any audit or monitoring report will be made available to COUNTY. I. COUNTY will follow DEPARTMENT prescribed allotment and expenditure reporting system and shall provide this information on each discrete program in the COUNTY Corrections Plan. This system will be used for controlling County Corrections Grant funds by DEPARTMENT and to provide suitable records for an audit. COUNTY will make available to the DEPARTMENT copies of its annual audit report required by ORS 297.425. J„ If funding from DEPARTMENT is reduced or discontinued by legislative action, COUNTY will not be required to increase use of COUNTY revenue for continuing or maintaining corrections services as set out in this Agreement. If funding is reduced below the amount set out in ORS 423.483, the County may elect to terminate pursuant to Section X, below. K. COUNTY will participate in Offender Profile System (OPS), the Integrated Supervision Information System (ISIS), Offender Management System (OMS), Offender Information System (OIS), and the Interstate Compact Offender Tracking System (ICOTS). COUNTY will enter and keep current Information on offenders under supervision in the Law Enforcement Data System (LEDS) Enter Probation Record (EPR)System. L. COUNTY will retain responsibility for cases transferred to and accepted by another state under the terms of the Interstate Compact for Adult Offender Supervision, an agreement among states to provide supervision services for Parole, Post-Prison, and Probation Offenders that relocate to other states per ORS 144.610 and OAR 291-180-0106 through 291-180-0275. IC3A#5116 Deschutes County Contracts KLS 031115 Page 6 of 17 M. COUNTY will comply with ORS 182.515-182.525. Programs identified by the Community Corrections Commission and receiving any state grant funds shall be evidence based. Evidence based programs are delivered consistent with the findings in research about what works best to reduce recidivism. VI. DEPARTMENT RESPONSIBILITIES A. DEPARTMENT will furnish COUNTY, in a timely manner,those procedures, directives, records, documents and forms required for COUNTY to meet its obligations. B. Subject to system capacity and data processing capabilities, DEPARTMENT will furnish data, descriptive information and reports, available to DEPARTMENT and requested by COUNTY that will assist COUNTY in complying with DEPARTMENT requirements. This data includes, but is not limited to details regarding outcomes noted in Subsection V(C). DEPARTMENT hereby grants to COUNTY the right to reproduce, use, and disclose all or part of such reports, data, and technical information furnished under this Agreement. C. DEPARTMENT agrees to provide COUNTY an opportunity to review and comment on all new or revised administrative rules that have fiscal or programmatic impact on COUNTY. D. If by legislative action, funding from DEPARTMENT is reduced to COUNTY, DEPARTMENT agrees to provide reasonable notice and transition opportunity to COUNTY of changes that may significantly alter approved appropriations and programs. E. If COUNTY ceases to participate in County Corrections programs as described in ORS Chapter 423, DEPARTMENT may recover title and possession to property previously transferred to COUNTY or purchased by COUNTY with County Corrections Grant funds. F. DEPARTMENT grants to COUNTY continual access to DEPARTMENT computer system at no charge to COUNTY. Ail costs (including but not limited to any equipment or software upgrades)to ensure this access however, is the responsibility of COUNTY. If DEPARTMENTs computer is used in any way other than for pass-through of COUNTY data to DEPARTMENT system, COUNTY will provide support for additional activities. DEPARTMENT will provide timely notification and technical assistance when changes are made that impact applicable restriction on the software, If any. If COUNTY uses DEPARTMENTs data circuits or network connections to access a third party Jail Management system, the IGA#5116 Deschutes County Contracts KLS 031115 Page 7 of 17 terms of the attached Exhibit B apply. If DEPARTMENT determines that COUNTY has not complied with the terms of Exhibit B, DEPARTMENT may immediately suspend COUNTY access to DEPARTMENT's computer system. G. DEPARTMENT's Community Corrections Division will administer the provisions of the Interstate Compact for Adult Offender Supervision, an agreement among states to provide supervision services for Parole, Post- Prison, and Probation Offenders that relocate to other states per ORS 144.610 and OAR 291-180-0106 through 291-180-0275. H. DEPARTMENT will provide technical assistance to COUNTY in implementing and evaluating COUNTY's Plan. I. DEPARTMENT will provide technical assistance to COUNTY on changes in Oregon Statutes and Oregon Administrative Rules. VII. FUNDS A. The Budget Summary, Exhibit A, lists the County Corrections Grant funds authorized under this Agreement for the implementation of the Plan during the term of this Agreement. B. The Plan and Intergovernmental agreement((GA) must be received by the DEPARTMENT from the COUNTY. After receipt of both the Plan and IGA, DEPARTMENT will authorize payments to the COUNTY as scheduled in this Section VII. C. The first payment to COUNTY will occur as soon as possible after the DEPARTMENT'S budget is legislatively approved and implemented and quarterly thereafter. D. The DEPARTMENT will disburse to COUNTY one eighth of the County Correction Grant Funds authorized under this Agreement within 15 days of each of the following dates; 7/1/15, 10/1/15, 1/1/16, 4/1/16, 7/1/16, 10/1/16, 1/1/17, and 4/1/17. DEPARTMENTS obligation to disburse County Correction Grant Funds is subject to satisfaction, on the date of each disbursement, of each of the following conditions: 1. COUNTY is in compliance with all terms and conditions of this Agreement; 2. This Agreement has not been terminated; and IGA#5118 Deschutes County Contracts KLS 031115 Page 8 of 17 3. DEPARTMENT has received funding, appropriations, limitations, allotments, or other expenditure authority sufficient to allow Agency, in the exercise of its reasonable administrative discretion, to make the disbursement. E. Both parties agree that all reallocations of funds between or within programs shall require a Plan Modification, except that COUNTY may reallocate up to ten percent of funds in any budget category in the approved Plan between or within programs without a Plan Modification. COUNTY shall notify DEPARTMENT in writing of such reallocation within 30 days after making the reallocation. F. Unexpended Funds: Fund balances remaining at the termination of this agreement may be retained by the COUNTY, upon approval by the DEPARTMENT, for the provision of on-going supervision, correctional services, and sanctions in accordance with the Plan. G. Supervision fees collected by COUNTY will be used to offset costs of supervising the probation, parole, post-prison supervision or other supervised release pursuant to ORS 423.570 and its administrative rules, as amended from time to time. H. Unauthorized Expenditures: Any County Corrections Grant Funds expended for unauthorized purposes will be deducted by DEPARTMENT from payment or refunded to DEPARTMENT upon request. I. For purposes of the delivery of field corrections services, DEPARTMENT recognizes COUNTY as an ongoing partner for all County Corrections appropriations provided by the State of Oregon Legislature according to ORS 423A75 to 423.565. J. Funding for Sexually Violent Dangerous Offenders: Funding for the intensive supervision of offenders designated as sexually violent dangerous offenders by the Court or Board of Parole and Post-Prison Supervision is limited to the amount appropriated for this specific program. K. In the event that the County retains funds to spend in the next biennium under Subsection VII(F), then Subsections VII (D)-(G) and (I)-(J)will survive termination or expiration of this Agreement. VIII NONCOMPLIANCE A. The Assistant Director of Community Corrections or the Assistant Director's designee shall annually review COUNTY's compliance with this Agreement under ORS 423.500 to 423.560. COUNTY must substantially comply with the provisions of the Plan received by DEPARMENT and this Agreement. IGA#5116 Deschutes County Contracts KLS 031115 Page 9 of 17 B. If, upon review, DEPARTMENT determines that there are reasonable grounds to believe that COUNTY is not in substantial compliance with the intergovernmental agreement or Plan, DEPARTMENT shall contact COUNTY regarding the alleged noncompliance and offer technical assistance to reach compliance. If COUNTY does not resolve the alleged noncompliance, DEPARTMENT shall, after giving COUNTY not less than 30 calendar days'notice, conduct a hearing to ascertain whether there is substantial compliance or satisfactory progress being made toward compliance. After technical assistance, which may include peer review or other assistance, is provided and the hearing occurs, DEPARTMENT may suspend any portion of the funding made available to COUNTY under ORS 423.500 to 423.560 until County complies as required. C. In the event that a dispute arises, COUNTY may appeal to the Director of the Department of Corrections. IX INDEMNIFICATION See Exhibit C X TERMINATION A. It is understood and agreed by the parties hereto that this Agreement will remain in force only during its term and will not continue in force after its term. There will be no automatic extension, but this Agreement may be extended only by written consent of the parties hereto. B. It is understood and agreed by the parties hereto that if any part, term or provision of this agreement, including any part, term or provision of any appended material, is held by a court to be illegal or in conflict with any law of the State of Oregon or applicable administrative rule, that element of the contract including relevant appended materials will be void and without effect and will be treated by the parties as having been terminated as of the date of determination of the voidness. C. If COUNTY chooses to discontinue participation as described in ORS 423.483(2), COUNTY may terminate participation at the end of any month by delivery of a resolution of the Board of Commissioners to the DEPARTMENT'S Director or the Director's designee not less than 180 calendar days before the termination date. Termination will occur only at the end of a month. D. If COUNTY terminates participation, the following will apply: 1. The responsibility for correctional services transferred to COUNTY and the remaining portion of financial aid will revert to DEPARTMENT. 1GA#5116 Deschutes County Contracts KLS 031115 Page 10 of 17 2. In no case does responsibility for supervision and provision of correctional services to misdemeanor offenders revert to DEPARTMENT. E. It is understood and agreed by the parties hereto that this Agreement will automatically terminate if the State of Oregon fails to provide any funding. If there is reduced state funding as described in ORS 423.483, County may terminate the Agreement as described herein. XI COMPLIANCE WITH APPLICABLE LAW Both Parties shall comply with all federal, state and local laws, regulations, executive orders, and ordinances to which each is subject and which is applicable to this Agreement. Without limiting the generality of the foregoing, the parties expressly agree to comply with: (I)Title VI of the Civil Rights Act of 1964; (ii) Section V of the Rehabilitation Act of 1973; (iii)the Americans with Disabilities Act of 1990 and ORS 659A.142; (iv) all regulations and administrative rules established pursuant to those laws; and (v) all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. DEPARTMENT's performance under this Agreement is conditioned upon COUNTY's compliance with the provisions of ORS 279B.220, 279B.230, 2798.235 and 279B.270, as amended from time to time,which are made applicable to this Agreement and incorporated herein by this reference. All employers, including COUNTY, that employ subject workers who work under this Agreement in the State of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage unless such employers are exempt under ORS 656.126. COUNTY shall ensure that each of its subcontractors complies with these requirements. Nothing is this Agreement shall require County or Department to act in violation of state or federal law or the Constitution of the State of Oregon. XII ACCESS TO RECORDS For not less than six(6)years after Agreement expiration, DEPARTMENT, the Secretary of State's Office of the State of Oregon, the federal government, and their duly authorized representatives shall have access to the books, documents, papers and records of COUNTY which are directly pertinent to this specific Agreement for the purpose of making audit, examination, excerpts, and transcripts. COUNTY shall retain all pertinent records until the later(i)the date that is not less than three years following the Agreement expiration date or(li)the date on which all litigation regarding this Agreement is resolved. COUNTY agrees full access to DEPARTMENT will be provided in preparation for and during litigation. Copies of applicable records shall be made available upon request. DEPARTMENT shall reimburse COUNTY for the cost of copies DEPARTMENT requests. IGA#5118 Deschutes County Contracts KLS 031115 Page 11 of 17 XIII SURVIVAL All rights and obligations shall cease upon termination or expiration of this Agreement, except for the rights and obligations set forth in Sections IV, IX,X,XI, XII,XIII. and XIV. XN GOVERNING LAW;JURISDICTION;VENUE The laws of the State of Oregon(without giving effect to its conflicts of law principles)govern all matters arising out of or relating to this Agreement.including, without limitation, its validity,interpretation,construction,performance, and enforcement_Any party bringing a legal action or proceeding against any other party arising out of or relating to this Agreement shall bring the legal action or proceeding in the Circuit.Court of the State of Oregon for Marion County. Each party hereby consents to the exclusive jurisdiction of such court,waives any objection to venue,and waives any claim that such forum is an inconvenient forum. XV WAIVER The failure of either party to enforce any provision of this Agreement will not constitute a waiver by that party of that or any other provision. XVI EXECUTION AND COUNTERPARTS This Agreement may be executed In several counterparts,each of which will be an original,all of which will constitute but one and the same instrument. XVII MERGER; INTEGRATION This instrument contains the entire agreement between the parties end no statement made by any party hereto,or agent theredf, not contained or attached with reference thereto in this written agreement will be valid or binding.This Agreement will supersede all previous communications, representations,wither verbal or written, between the parties hereto. This Agreement may not be enlarged, modified or altered except in writing,signed by the parties,and attached. STATE OF OREGON DESCHUTES COUNTY DEPT. 0 •RRECTI• BOARD OF COMMISSIONERS are tromberg,Asst. Dire ; hair 21(0/ .73 5i.5--- Date Date DGl►.spat Sulridsncy Approval K K�lrrnarsmH dstad 3/CN6 ICA#6115 Deschutes County Conlracta 1(1.e 031115 page 12 of 17 MEAT A BUDGET SUMMARY be added by DEPARTMENT after COUNTY submission of the County Corrections Plan) I®q#6'11#poseittites County Contracts KLS 031115 Page 13 of 17 Deschutes County 2015-2017 Community Corrections Budget Summary Program Name ' Gram in Aid Fund Release Other Funds and Total sow Fund Fees R•rii��f�: [r i.•1�E: r. rs $1602.654 IIIIIIIIMIIIIII $834 241 $2,238,895 Batterer intervention I Family Violence Fel P •4r ____ -.a 111.111 5966,561 $966,561 EMIE=1=111111111. $3 110 047 1.1111111111111 $1,682 468 111111111ICEM $262.244 OIIIMIIIIIIIII $262 244 Casebank(Felony) $286,844 MI $286,544 Sex Offender&BIP Treatment $150,000 $150,000 Fel• Substance Abuse Treatment $60,000 MIME $100,000 $160,000 Fel• Sex offender Misd 111101111111111111111.1111111.1111 $385 190 $385 190 Domestic Violence Defamed $348,262 $346,262 Sentencing Pr9gram(MisdJ Sex Offender&BIP Treatment $25,800 $25,800 (Mild) Substance Abuse Treatment $30,000 $30,000 Misd Commun SenAce 11.11111111111111111111.11111111 $98,948 $98 948 • ••r , llEMI $44 162 MIME $1.002.376 $1048.538 Transitional Housing $9,778 . $72,000 $114,511 Scholarshi• P •!ram COG I MRT 1111.11111111.111111111111111 $230 000 $230 000 Custodial Beds $3 930 950 111.111111111111111111111.111111 $3 930,950 IMIIIIIIIIMIIIMIIMMIIHIIIMIIIIIIIIMIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIMIIIIIMIIIIIIIIIIIIIIIIIIIIII Total 4 727 285 15.997 03 27 Deschutes County 2015-2017 Community Corrections Plan EXHIBIT B TO INTERGOVERNMENTAL AGREEMENT#5116 NETWORK ACCESS BY COUNTY 1, COUNTY Jail users will be permitted to use existing DEPARTMENT data circuits to access third party systems. Access Is permitted for Jail Management system application users only. COUNTY Jail users will not be permitted to use DEPARTMENT circuits for video conferencing, Real Audio, Internet access, applications that require large amounts of bandwidth, or other Jail Management Software Online Service or System unless approved by DEPARTMENT. COUNTY Jail users will be permitted to use DEPARTMENT's data circuits for video image transmissions using a NIST standard (available from DEPARTMENT upon request). A. All network traffic covered by this agreement will employ TCP/IP network protocols. B. DEPARTMENT will continue its policy of only providing one router to each county. This means that if COUNTY's jail and Parole and Probation office are located in separate buildings, COUNTY will be responsible for providing a connection between the two buildings. 2. COUNTY understands and acknowledges that DEPARTMENT is subject to the public records provision of ORS 192.410 through 192.505 and other applicable laws and administrative rules which establish uniform guidelines and procedure5for the release of information from DEPARTMENT'S computer system. IGA#5116 Deschutes County Contracts KLS 031115 Page 14 of 11 EXHIBIT C INDEMNIFICATION DESCHUTES COUNTY Contribution If any third party makes any claim or brings any action, suit or proceeding alleging a tort as now or hereafter defined in ORS 30.260 ("Third Party Claim")against a party(the "Notified Party")with respect to which the other party("Other Party") may have liability, the Notified Party must promptly notify the Other Party in writing of the Third Party Claim and deliver to the Other Party a copy of the claim, process, and all legal pleadings with respect to the Third Party Claim. Either party is entitled to participate in the defense of a Third Party Claim, and to defend a Third Party Claim with counsel of its own choosing. Receipt by the Other Party of the notice and copies required in this paragraph and meaningful opportunity for the Other Party to participate in the investigation, defense and settlement of the Third Party Claim with counsel of its own choosing are conditions precedent to the Other Party's liability with respect to the Third Party Claim. With respect to a Third Party Claim for which the State is jointly liable with the County(or would be if joined in the Third Party Claim ), the State shall contribute to the amount of expenses (including attorneys'fees),judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by the County in such proportion as is appropriate to reflect the relative fault of the State on the one hand and of the County on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of the State on the one hand and of the County on the other hand shall be determined by reference to, among other things, the parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses,judgments, fines or settlement amounts. The State's contribution amount in any Instance Is capped to the same extent it would have been capped under Oregon law if the State had sole liability in the proceeding. With respect to a Third Party Claim for which the County is jointly liable with the State (or would be if joined in the Third Party Claim), the County shall contribute to the amount of expenses(including attorneys'fees),judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by the State in such proportion as is appropriate to reflect the relative fault of the County on the one hand and of the State on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of the County on the one hand and of the State on the other hand shall be determined by reference to, among other things, the parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses,judgments, fines or settlement amounts. The County's contribution amount in any instance Is capped to the same extent it would have been capped under Oregon law if it had sole liability In the proceeding. IGA#5116 Deschutes County Contracts KLS 031115 Page 15 of 17 Alternative Dispute Resolution The parties should attempt in good faith to resolve any dispute arising out of this agreement. This may be done at any management level, including at a level higher than persons directly responsible for administration of the agreement. In addition, the parties may agree to utilize a jointly selected mediator or arbitrator(for non-binding arbitration)to resolve the dispute short of litigation. Indemnification by Subcontractors County shall take all reasonable steps to cause its contractor(s)that are not units of local government as defined in ORS 190.003, If any, to indemnify, defend, save and hold harmless the State of Oregon and its officers, employees and agents("Indemnitee")from and against any and all claims, actions, liabilities, damages, losses, or expenses (including attorneys' fees)arising from a tort(as now or hereafter defined in ORS 30.260) caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of County's contractor or any of the officers, agents, employees or subcontractors of the contractor( "Claims"). It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by the contractor from and against any and all Claims. Subcontractor Insurance Requirements GENERAL County shall require its first tier contractor(s)that are not units of local government as defined in ORS 190.003, If any, to: i)obtain insurance specified under TYPES AND AMOUNTS and meeting the requirements under, "TAIL" COVERAGE, NOTICE OF CANCELLATION OR CHANGE, and CERTIFICATES OF INSURANCE before the contractors perform under contracts between County and the contractors (the "Subcontracts"), and ii) maintain the insurance in full force throughout the duration of the Subcontracts. The insurance must be provided by insurance companies or entitles that are authorized to transact the business of insurance and issue coverage in the State of Oregon and that are acceptable to Agency. County shall not authorize contractors to begin work under the Subcontracts until the insurance is in full force. Thereafter, County shall monitor continued compliance with the insurance requirements on an annual or more frequent basis. County shall incorporate appropriate provisions in the Subcontracts permitting It to enforce contractor compliance with the Insurance requirements and shall take all reasonable steps to enforce such compliance. Examples of"reasonable steps" include issuing stop work orders(or the equivalent) until the insurance is in full force or terminating the Subcontracts as permitted by the Subcontracts, or pursuing legal action to enforce the insurance requirements. In no event shall County permit a contractor to work under a Subcontract when the County is aware that the contractor is not in compliance with the insurance requirements. As used in this section, a"first tier" contractor Is a contractor with which the county directly enters into a contract. It does not include a subcontractor with which the contractor enters into a contract. IGA#5116 Deschutes County Contracts KLS 031115 Page 16 of 17 TYPES AND AMOUNTS PROFESSIONAL LIABILITY Professional Liability Insurance covering any damages caused by an error, omission or negligent act related to the services to be provided under the Subcontract, with limits not less than $2,000,000, as determined by the Agency: "TAIL" COVERAGE If any of the required insurance policies is on a "claims made" basis, such as professional liability insurance, the contractor shall maintain either"tail" coverage or continuous"claims made" liability coverage, provided the effective date of the continuous "claims made" coverage is on or before the effective date of the Subcontract, for a minimum of 24 months following the later of: (i)the contractor's completion and County's acceptance of all Services required under the Subcontract or, (ii) the expiration of all warranty periods provided under the Subcontract. Notwithstanding the foregoing 24-month requirement, if the contractor elects to maintain "tail*coverage and if the maximum time period "tall" coverage reasonably available in the marketplace is less than the 24-month period described above, then the contractor may request and Agency may grant approval of the maximum "tail " coverage period reasonably available in the marketplace. If Agency approval is granted, the contractor shall maintain "tail" coverage for the maximum time period that"tail" coverage is reasonably available in the marketplace. NOTICE OF CANCELLATION OR CHANGE The contractor or its insurer must provide 30 days' written notice to County before cancellation of, material change to, potential exhaustion of aggregate limits of, or non-renewal of the required insurance coverage(s). CERTIFICATE(S) OF INSURANCE County shall obtain from the contractor a certificate(s)of insurance for all required insurance before the contractor performs under the Subcontract, The certificates) or an attached endorsement must specify: I)all entities and individuals who are endorsed on the policy as Additional Insured and ii)for insurance on a "claims made" basis, the extended reporting period applicable to "tail"or continuous "claims made" coverage. IGA#5116 Deschutes County Contracts KIS 031115 Page 17 of 17