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2022-372-Minutes for Meeting September 19,2022 Recorded 9/30/2022BOARD OF COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541) 388-6570 Recorded in Deschutes County Steve Dennison, County Clerk CJ2022-372 Commissioners' Journal 09/30/2022 10:40:11 AM FOR RECORDING STAMP ONLY BOCC MEETING MINUTES 1:00 PM MONDAY September 19, 2022 Barnes Sawyer Rooms Live Streamed Video Present were Commissioners Patti Adair, Anthony DeBone, and Phil Chang. Also present were Whitney Hale, Deputy County Administrator; Kimberly Riley, Assistant Legal Counsel; and Angie Powers, Administrative Assistant (via Zoom). This meeting was audio and video recorded and can be accessed at the Deschutes County Meeting Portal website www.deschutes.org/meetings CALL TO ORDER: Chair Adair called the meeting to order at 1:00 p.m. PLEDGE OF ALLEGIANCE ACTION ITEMS: 1. ARPA Grant Status Update: Mountain Star Childcare Expansion Laura Skundrick, Deschutes County Management Analyst and Dan Emerson, Deschutes County Budget Manager, were in attendance. Laura gave some background information on the ARPA grant. Kara Tachikawa from Mountain Star, provided a brief update. A portion of the $600,000 grant went towards expansion of the Redmond site. Construction is complete, and it is currently being furnished for preschool children BOCC MEETING SEPTEMBER 19, 2022 PAGE 1 OF 4 ages 3 to 5. Their hope is to have classrooms occupied by end of the month for Preschool Promise, and 10 children will be served. A larger portion of the funding went towards the site in La Pine. Lots have been purchased and consolidated into one large lot. A modular manufactured building, from Modern Building Systems out of Aumsville, is currently being permitted. Site preparation and concrete work will commence after permits are issued. The La Pine project nearly doubled in cost from their initial estimate. Additional grant funds will make up the difference. The three modular units will be connected to form two classrooms, kitchen and laundry facilities, and office space. Up to 18 children will be served (8 infants and toddlers in one classroom, and up to 10 preschool -aged children in the other classroom). The Redmond facility will host an Open House on Thursday, September 29th at 4:30 p.m. Kara invited the Commissioners and Deschutes County staff to attend. 2. Improving Criminal Justice Response to Domestic Violence Grant - HIV Award Condition Kathleen Meehan Coop, Deschutes County Management Analyst, and Stacy Neil, Deputy District Attorney, were in attendance. Kathleen asked the Board for approval/signatures on a letter about required HIV testing if bodily fluids may have been exchanged between the person charged with a crime and the crime victim, meeting time requirements consistent with 34 U.S.C. 10461(d). The letter addresses how Deschutes County plans to address the HIV testing requirement, and how it will come into compliance with the requirements. CHANG: Move Board approval and signature to the letter DEBONE: Second VOTE: CHANG: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried 3. Criminal Justice Commission (CJC) Restorative Justice Grant Award for the Emerging Adult Program BOCC MEETING SEPTEMBER 19, 2022 PAGE 2 OF 4 Kathleen Meehan Coop shared with the Board that the grant has been awarded to the Emerging Adult Program. This program aims to help improve the way the criminal justice system handles young adults who have engaged in criminal activity, and is a partnership between the District Attorney's Office and community organizations. Commissioner Chang asked about the scope of Phase I, and how Phase II will build upon Phase I. Kathleen explained that Phase I was a pilot, with the goal of getting 12 young adults entered into the program. Accountability plans were developed and 6 months after entry into the program, the young adults met with their facilitators. 13 people ended up being entered into the program. 7 young adults graduated from the program. Phase II will be offered to 50 young adults. Of the 50 cases, 25 of the cases will follow a similar model to Phase I. The remaining 25 cases will deal with more significant crimes, and will require a professional facilitator. Community Solutions will be the facilitator. Kathleen highlighted that many of the case subjects (ages 18 to 24) do not have a driver's license nor a vehicle, and this has been an obstacle in helping them to graduate from the program. DEBONE: Move approval of acceptance of the grant CHANG: Second VOTE: DEBONE: Yes CHANG: Yes ADAIR: Chair votes yes. Motion Carried OTHER ITEMS: • Commissioner Adair received a letter from a guide business who has experienced canceled trips due to the Cedar Creek fire. They inquired about any potential financial assistance to businesses affected. Whitney Hale, Deputy County Administrator, will follow up. Commissioner Chang recalled that when the Gorge was recovering from the Eagle Creek fire, resources were available in connection with the emergency declaration. • Commissioners DeBone and Adair attended Pendleton Round -Up. Also in attendance were Dr. Murphy, the new President of Oregon State University, candidates for Governor and the sitting Governor. He commended the Association of Oregon Counties (AOC) President for putting the AOC activities together in conjunction with the Round -Up. BOCC MEETING SEPTEMBER 19, 2022 PAGE 3 OF 4 • Commissioner Chang visited the Incident Command Post of the Cedar Creek fire on Wednesday, where he was briefed on fire behavior. Thankfully, the worst -case scenario is much less likely due to the weekend rain. • Commissioner Chang attended an event of the Community Renewable Energy Association (CREA) in the gorge on Friday. Community -scale renewable energy projects were highlighted. • Commissioner Adair reported that approximately sixty China Hat residents met recently, regarding the many homeless camps in the area and the increased risk of wildfires due to the proximity of homes. Kevin Larkin, representing Deschutes National Forest, was also in attendance. EXECUTIVE SESSION: At the time of 1:44 p.m. the Board went into Executive Session under ORS 192.660 (2) (h) Litigation. The Board came out of Executive Session at 2:01 p.m. to direct staff to proceed as directed. ADJOURN: Being no further items to come before the Board, the meeting was adjourned at 2:01 p.m. DATED this Zg Day of 5e 2022 for the Deschutes County Board of Commissioners. PATTI ADAIR, CHAIR ATTEST: RECORDING SECRETARY ANTHONY DEBONE, VICE CHAIR PHIL CHANG, COMMISSIONER BOCC MEETING SEPTEMBER 19, 2022 PAGE 4 OF 4 BOARD OF COMMISSIONERS BOARD OF COUNTY COMMISSIONERS 1:00 PM, MONDAY, SEPTEMBER 19, 2022 Barnes Sawyer Rooms - Deschutes Services Bldg - 1300 NW Wall St - Bend (541) 388-6570 I www.deschutes.org AGENDA MEETING FORMAT: The Oregon legislature passed House Bill (HB) 2560, which requires that public meetings be accessible remotely, effective on January 1, 2022, with the exception of executive sessions. Public bodies must provide the public an opportunity to access and attend public meetings by phone, video, or other virtual means. Additionally, when in -person testimony, either oral or written is allowed at the meeting, then testimony must also be allowed electronically via, phone, video, email, or other electronic/virtual means. Attendance/Participation options are described above. Members of the public may still view the BOCC meetings/hearings in real time via the Public Meeting Portal at www.deschutes.org/meetings Citizen Input: Citizen Input is invited in order to provide the public with an opportunity to comment on any meeting topic that is not on the current agenda. Citizen Input is provided by submitting an email to: citizeninput@deschutes.org or by leaving a voice message at 541-385-1734. Citizen input received by noon on Tuesday will be included in the Citizen Input meeting record for topics that are not included on the Wednesday agenda. Zoom Meeting Information: Staff and citizens that are presenting agenda items to the Board for consideration or who are planning to testify in a scheduled public hearing may participate via Zoom meeting. The Zoom meeting id and password will be included in either the public hearing materials or through a meeting invite once your agenda item has been included on the agenda. Upon entering the Zoom meeting, you will automatically be placed on hold and in the waiting room. Once you are ready to present your agenda item, you will be unmuted and placed in the spotlight for your presentation. If you are providing testimony during a hearing, you will be placed in the waiting room until the time of testimony, staff will announce your name and unmute your connection to be invited for testimony. Detailed instructions will be included in the public hearing materials and will be announced at the outset of the public hearing. For Public Hearings, the link to the Zoom meeting will be posted in the Public Hearing Notice as well as posted on the Deschutes County website at https://www.deschutes.org/bcc/page/public- hearing-notices. CALL TO ORDER PLEDGE OF ALLEGIANCE ACTION ITEMS 1. 1:05 PM ARPA Grant Status Update: Mountain Star Childcare Expansion 2. 1:35 PM Improving Criminal Justice Responses to Domestic Violence Grant - HIV Award Condition 3. 1:55 PM Criminal Justice Commission (CJC) Restorative Justice Grant Award for the Emerging Adult Program OTHER ITEMS These can be any items not included on the agenda that the Commissioners wish to discuss as part of the meeting, pursuant to ORS 192.640. EXECUTIVE SESSION At any time during the meeting, an executive session could be called to address issues relating to ORS 192.660(2)(e), real property negotiations; ORS 192.660(2)(h), litigation; ORS 192.660(2)(d), labor negotiations; ORS 192.660(2)(b), personnel issues; or other executive session categories. Executive sessions are closed to the public; however, with few exceptions and under specific guidelines, are open to the media. 4. Executive Session under ORS 192.660(2)(d) - Litigation ADJOURN Deschutes County encourages persons with disabilities to participate in all programs and activities. This event/location is accessible to people with disabilities. If you need accommodations to make participation possible, please call (541) 617-4747. September 19, 2022 BOARD OF COUNTY COMMISSIONERS Page 2 of 2 BOARD OF COMMISSIONERS AGENDA REQUEST & STAFF REPORT MEETING DATE: September 19, 2022 SUBJECT: ARPA Grant Status Update: Mountain Star Childcare Expansion RECOMMENDED MOTION: Informational item BACKGROUND AND POLICY IMPLICATIONS: In FY21, Deschutes County was awarded -$38.4 million in American Rescue Plan Act (ARPA) funds through the Federal Government. On October 20, 2021, the Board of Commissioners approved a $600,000 grant award to Mountain Star Family Relief Nursery for Childcare Expansion. During the July 20, 2022 Board meeting, Commissioners requested an update on childcare projects that received ARPA funding. This is the second in the series of childcare project updates. During the September 19 Board meeting, Kara Tachikawa will provide the Board with an update on progress made on the Mountain Star childcare expansion project. The written update is attached to this memo. BUDGET IMPACTS: None. ATTENDANCE: Kara Tachikawa, Mountain Star Laura Skundrick, Management Analyst Dan Emerson, Budget Manager Expanding Childcare in Deschutes County — Update August 30, 2022 V\ountain8tar strengthening families to keep children safe Redmond Site Renovation Update MountainStar is grateful for the American Rescue Plan Act (ARPA) funding we received through the Deschutes County Board of County Commissioners to help us to renovate our Redmond center and expand services in the Redmond community. ARPA funding in the amount of $50,000 partially funded this renovation project, and we are happy to report that the remodel at our Redmond center is now complete. Funding allowed us to renovate the garage at our current site as we prepare to add 10 Preschool Promise slots for children ages 3-5 years old. We plan to begin serving these children in the new classroom space before the end of September. Thanks to this funding, we were able to renovate the property and expand high -quality early childhood care and education in Redmond. La Pine New Site Update We are also very grateful for the ARPA funding we received through the Deschutes County Board of County Commissioners to help develop our new site in La Pine. We have purchased land and have signed a contract with a modular manufacturer. We are currently in the permitting process with the City of La Pine and will soon submit permitting documents to the County. The construction project timeline has been a bit delayed, and we are now hoping to have the site ready to open in January 2023. The budget for the project has also grown steadily, so we have secured over $200,000 in private funding towards construction. We have secured additional funding for operations and have been able to open two new staff positions in La Pine. Over the fall we will be hiring three more staff members in this community. Until the facility opens, these staff will provide home visits, host play groups, deliver learning activities, and assist with connections to community resources in South Deschutes County. Contacts for more information: • Kara Tachikawa — Executive Director; (541) 508-8410; KaraT@mtstar.org • Tobiah Brown — Program Director; (541) 322-6820; TobiahB@mtstar.org BOARD OF COMMISSIONERS AGENDA REQUEST & STAFF REPORT MEETING DATE: September 19, 2022 SUBJECT: Criminal Justice Commission (CJC) Restorative Justice Grant Award for the Emerging Adult Program RECOMMENDED MOTIONS: Move to approve the acceptance of the 2021 Criminal Justice Commission (CJC) Restorative Justice Grant Award for the Emerging Adult Program. BACKGROUND AND POLICY IMPLICATIONS: The District Attorney's Office in partnership with local community -based organizations has applied for funding to expand the Emerging Adult Program (EAP) to improve the way the criminal justice system handles young adults who have engaged in criminal activity. The DA's Office EAP pilot, which is still running, is showing initial results that indicate the program is having a positive impact. Through these grant funds we will be able to expand the program to allow to test the concept further. Phase II of the EAP, which will offer a restorative justice opportunity to 50 young adults, expand the criteria for eligibility, improve victim services, and enhance our community partnerships. The DA's Office will oversee the identification and initial review of cases to determine preliminary eligibility, and will coordinate the community volunteers that will implement 25 restorative justice circles for the young adults (responsibly parties) involved in crimes where the harmed party waives their involvement, typically corporate victims. Community Solutions of Central Oregon (CSCO) will oversee and implement 25 restorative justice circles that involve a harmed party that wants to be engaged in the process. These circles require a professional mediator. CSCO will also handle the payments of the program's community facilitators and will manage the distribution of the EAP restitution assistance fund. Thrive Central Oregon (TCO) will provide case management to the harmed and responsible parties on all 50 cases, and will manage the EAP victim/offender support fund. Our goals for this second phase of the EAP include: 1. Reduce the three-year recidivism rate for young adults participating in the program by 30%. 2. Improve community safety by redirecting 50 young adults per year into a program that increases education and/or employment opportunities. 3. Improve victim outcomes by connecting victims to social services and increasing the likelihood of receiving restitution by 50%. 4. Eliminate the need for approximately 120 court hearings. Included is our budget resolution, the proposal narrative, and the CJC award agreement. BUDGET IMPACTS: The two-year grant award is for $935,978.72 with the majority of the funding being allocated for personnel and contracts with two primary sub-awardees Community Solutions of Central Oregon ($331,930.56) and Thrive Central Oregon ($182,060). The personnel funds ($410,438.16) will be used to pay for the 0.5 FTE DDA, 0.5 FTE PDT and 0.5 FTE VA. These positions have been posted. The grant was not projected in the DA Office's FY23 budget, and the funds will all be distributed in FY23, but will these funds will cover project costs over three fiscal years. The grant technically ends December 2023, but due to the late distribution of grant funding within this biennium, CJC is expecting a request for a non -cost extension to allow for two full years of implementation, which will extend the project into FY25. ATTENDANCE: Kathleen Meehan Coop, Management Analyst ti O r CO O O co O) O O co ti CD CA CO E O LL O 1- O) 0 LC) co O) ti d' 0 O N O Cfl CO RESOURCES C_ O Q .L U N a) 0 State Grant Transfer Out to 2121150 Line Number MUNIS number 0011150 334012 0011150 334012 E a) N J H 0 H Revised Budget 5,754,657 LO 0)) CO 6 414,094 I N CO LC) O N T- 22,506 ON) CO O C) 20,483 ! 6,000 27,950 529,904 I 174,712 I 8,470,289 826,632 9,296,921 ce Grant with the grant term of 7/1/2022- be received in two disbursement of we will need to transfer the contigency To (From) O_ 0 co- 1� N- CO d' N d- CO is5 17,612 0 LO 424 648 1,000 5,550 00) 00 LC) 174,712 Current Budgeted Amount f� � r-- co d' CO CO O 408,210 1 CO N co 21,936 29,968 19,835 5,000 22,400 10,913 1 Description (Element -Object, e.g. Time Mgmt, Temp Help, Computer Hardware) [Regular Salaries LHealth Insurance FICA VJ W d Unemployment 'Workers' Compensation Life & LTD Printing & Binding Education & Training (Grants & Contribution (Passthrough) 'Contingency/ BWC TOTAL A supplemental budget is required for the following reason and will be used for the following purpose: Subsequent to the adoption the FY 2023 budget, the District Attorney's Office was awarded a CJC Restorative Justi 12/31/2023. It is projected we will receive a no -cost extention that will extend this grant until 12/31/24. Funding will $467,989.36 (no later than Sept 30, 2022 & Jan 5, 2022). Becasue this grant will expend across three fiscal years, accordingly to the BWC for the additional fiscal years. Category (Pers, M&S, Cap Out, Contingency) Personnel Personnel Personnel Personnel Personnel Personnel Personnel 'Materials & Services Materials & Services Materials & Services Materials & Services Line Number (HTE 14 digit code) O C O 7 0 LC) r 0 0 0011150 420101 0011150 420301 0011150 420201 0011150 420501 0011150 420401 0011150 420601 '0011150 450510 0 0 0 Li) d 0 LO r O O Od' N 0 0 LC) d- 0 LC) r O O 0 LC) r 0 0 cp N Cr) LO co ti CO 0 O- O O Jessica Chandler Application: Deschutes County Emerging Adult Program Kathleen Meehan Coop - kathleen.meehancoop@dcda.us 21-23 Restorative Justice Grant Program Summary ID: 0000000010 Last submitted: Mar 24 2022 10:58 AM (PDT) Cover Sheet Completed - Mar 23 2022 Cover Sheet Cover Sheet [tic ®.n C act Instructions: Provide the contact information for the primary person submitting the application. Name Title/Position Organization Email Phone Kathleen Meehan Coop Management Analyst Deschutes County District Attorney's Office kathleen.meehancoop@dcda.us 541-317-3175 1/18 ISC ct Instructions: Identify the organization that will serve as the fiscal agent and funds recipient, and provide the contact information for the primary fiscal contact. Legal Name of Organization for Payment Deschutes County District Attorney's Office Payment Remittance Address 1164 NW Bond St. Bend, OR 97703 Name Kathleen Meehan Coop Title/Position Management Analyst Email kathleen.meehancoop@dcda.us Phone 541-317-3175 c sit If awarded grant funds, does your organization prefer ACH payment processing (direct deposit)? Yes 2/18 r Identify which type of program would be funded. Established: Applicant and/or its associated entity(ies) has an existing restorative justice program (e.g., request includes expanding collaboration, increasing program capacity, or making other program improvements or changes). Implementation: Applicant and/or its associated entity(ies) has never operated a restorative justice program (i.e., there is no programmatic framework in place and requires complete buildup of program). Established Narrative Questions Completed - Mar 24 2022 Narrative Questions It is strongly recommended that applicants first read through all application questions and closely review the evaluation criteria provided in the Request for Grant Proposals (see Appendix A, pg. 12) before drafting responses. Applicants with either type of program —established or implementation —must answer all questions and should read questions as applied to their program. Example: If a prompt reads, "Describe how your program centers the experiences of those harmed and supports them in identifying solutions that promote healing." Implementation programs may read the prompt as, "Describe how your program will center the experiences of those harmed and support those harmed in identifying solutions that promote healing." Program Overview (1) Describe your program's theory of change. A program's theory of change should explain 3/18 the applicant program's core values and principles, desired and actual outcomes, and the forms in which those outcomes will be achieved. A theory of change should contemplate the applicant program's: a. Impact: The systemic and/or long-term changes expected. b. Outcomes: The intended and unintended changes that are expected to occur due to the program's work. c. Outputs: The immediate results of the program's activities that are necessary to achieve outcomes. d. Activities: The activities needed to achieve outputs. e. Inputs: Resources or investments needed to ensure activities can occur. IMPACT: The Emerging Adult Program (EAP) commits to redirecting young adults (ages 18-24)/responsible party (RP) and the parties they have harmed (HP) out of the criminal justice system into a restorative justice (RJ) alternative, pre -charge, to improve HPs and RPs experiences and outcomes. The EAP aims to: 1) Provide the RP, HP and the community an opportunity to participate in RJ circles that offer restoration and healing; 2) Improve the HP's sense that justice has been achieved by giving them a voice in what reparations are for them; 3) Allow the RP to take responsibility to repair the harm done; 4) Receive external community support and resources; 5) Reduce the lifelong impact that an arrest record has on the RP; and 6) Allow the community a voice as a party of impact, an opportunity for the RP to reintegrate back into the community, and support for the HP. OUTCOMES: 50 RPs will engage in the EAP between August 2022 and December 2023 --25 cases will be referred to Community Solutions of Central Oregon (CSCO) for a victim -centered RJ Circle, and 25 cases with a corporate victim who waived involvement (CVWI) will participate in a community -facilitated RJ circle, modeled during the pilot. This two tiered approach will enable the EAP program to grow, while providing more enhanced services for cases with HPs. OUTPUTS: We anticipate: 1) 75% of the RPs earning a dismissal on their case); 2) Increasing restitution payments from engaged RPs by 30%; 3) Providing HPs a voice in how their crime is addressed; 4) Offering HPs & RPs access to targeted services; 5) Preparing RPs for adulthood through hard and soft skills; and 6) Engaging HPs, RPs, and the community in the holistic impacts of restorative justice. ACTIVITIES: All cases involving 18 to 24 year -old RPs will be staffed; a victim advocate & CSCO will work with and screen the HPs; regular partner case discussions; RP orientations that include a defense 4/18 attorney; HP & RP RJ circle preparation meetings; facilitated RJ Circles; follow-up Circles; a RP intervention plan; case management & access to services & resources for the HP & RP; comprehensive staff & facilitator training; and tracking outputs & outcomes. INPUTS: EAP's target audience is often difficult to contact. Dedicated staff is needed to remain in contact with them over the course of the program for support and compliance. This requires a collaborative, mufti -agency team (CBOs and system partners) to provide specialized services and regular communication amongst themselves and the RPs & HPs. Without a fully funded team, the partners will not be able to improve or expand the EAP. The EAP pilot provided baseline indicators that RJ Circles and case management are effective, but a more victim -centered approach and enhanced community involvement will improve results. Deschutes County is specifically focusing on young adults as research indicates their brains have not fully developed -- resulting in poor decision making, and they are at a point that targeted support can change their life trajectory. 5/18 (2) Describe your program's participant eligibility criteria. If applicable, explain how your program: a. Addresses case types as defined in OAR 213-003-0001(14) and OAR 213-003-0001(15) (definitions describing person felonies and person misdemeanors); b. Addresses case types that carry a presumptive sentence of prison pursuant to the criteria in OAR 213- 004-0001 through OAR 213-004-0013 (describing the sentencing guidelines grid); or c. Qualifies or disqualifies program participants based on prior criminal history. All non -charged cases involving a RP between the ages of 18-24 years old will be flagged for EAP staffing. Prior adult criminal history will not be an immediate eliminating factor. Discretion; however, will be provided to the EAP DDA on whether the severity of the criminal history may prevent consideration. All cases (felony and misdemeanor) will be considered (except sex crimes, Measure 11). Cases that are better served in one of our other diversion programs (i.e. Mental Health Court, Early Disposition, DUI' diversion, etc.) will be referred to those programs. Cases will also be considered ineligible for EAP should the DDA deem the case as a "no file," allowing for immediate dismissal. The Deschutes County Victim Advocate will connect with the HPs on all potentially eligible cases, prior to a case being marked eligible. A HP's veto will not automatically exclude a case from being eligible for the EAP, but the HP's concerns and needs will be taken into full consideration. Following case inclusion in the EAP, the HP will be fully screened by the victim advocate and CSCO. If the HP does not wish to engage with the RP, but the case is eligible for the program, depending on the case it will be referred to a Victim -centered Circle or to a CVWI Circle, where a victim advocate and/or a surrogate will represent the HP during the Circle. Whether the HP decides to participate or not they will be connected with the Thrive Central Oregon (Thrive) case manager to discuss services. Deschutes County is open to considering other types of crimes, case types, and criminal histories, but given prior community safety surveys, a more measured approach is the best place to start. When the EAP has substantial data we can consider expanding criteria further. 6/18 (3) Identify and describe your program's referral source(s). Deschutes County DA's Office (DCDA) will be the referral source for the EAP. Our case management software (Karpel) runs a report capturing all cases with 18 to 24-year-old RPs that meet program criteria entered at intake. DDAs are trained to refer cases to EAP if inadvertently missed. This process has been successfully implemented under other externally evaluated DCDA-led pre -charge diversion programs. The report will be reviewed daily and all cases meeting baseline criteria (age, lives in the tri-county & non -Measure 11) will be tagged - EAP referral. The tag adds a note to the case indicating it should not be charged while under EAP review. Referred cases will be staffed by the DCDA EAP team (DDA, Program Specialist, Victim Advocate, Investigator, and a community partner or facilitator). The RP on cases deemed eligible will be contacted by the Investigator to assess their interest in participating in the EAP. The conversation will be recorded and nothing said by the RP regarding the alleged crime will be used against them in any subsequent prosecution. All eligible cases will be shared with the EAP partners during the EAP Case Discussions. The EAP team will invite all eligible/interested RPs to attend an Orientation to learn more about the EAP, the concept of restorative justice from CSCO, and to meet with a defense attorney. CSCO will work with the victim advocate to connect with HPs to invite them to separate meetings to prepare them for the experience. Over the course of the grant, we will look at ways to address the challenges of a pre -charge program for in -custodies. We will also consider program expansion into other crime areas when program data shows impact and success. All referred cases, eligibility status, & reason for ineligibility will be tracked. 7/18 (4) Identify and describe your program's service area. If applicable, explain how your program offers services that engage in and serve rural or other historically underserved regions or areas in Oregon. Our primary service area is Deschutes County, but includes young adult RPs that committed a crime in Deschutes County and live in Deschutes, Crook or Jefferson. Deschutes County has a population of approximately 200,000 individuals and is a mix of urban and rural communities. Ninety-four percent of the population identifies as white alone, 8% as Hispanic, 3% as two or more races and just over 1% each for Native American and Asian. Given Deschutes County's recent rapid population growth, our community appears to be experiencing a substantial increase in the un- housed population due to increasing rents and limited available housing. As of 2019, U.S. census data states that the percentage of persons in poverty was 8%, but that number is flagged and we except that it could be adjusted much higher. EAP pilot participants are by -and -large economically disadvantaged, and the majority are white men. We compared our program referral and eligible case numbers against our county's historic referred criminal cases and our county's demographics. This analysis showed us that our program participants matched our crime & case demographics. However, by offering program participation to RPs that live in Crook and Jefferson, we anticipate seeing an increase in the number of Native American and Hispanic individuals eligible for the program based on the demographics of those two counties. We plan to engage our local Latino Community Association and the Confederated Tribes of Warm Springs to help us better serve the HPs and RPs of this expanded demographic. Our restorative circles involve two to three volunteer community member facilitators that are committed to the concept of restorative justice and at least one has lived experience as a RP. We plan to work with these community partners to recruit more diverse facilitators to explore ways RJ practices can be tailored to individual cultures. 8/18 (5) Provide an overview of your program's operation and current capacity, as well as your anticipated needs to build and/or increase capacity. The EAP will staff 400+ cases annually; screen victims on �200 cases; and enroll 50 cases. These 50 RPs will participate in an EAP Orientation involving CSCO, a defense attorney and the DDA. The victim advocate and CSCO will reconnect with the HPs, and CSCO will meet with the RPs to prepare them all for the RJ process (up to 3 individual meetings for each party). The 50 cases will be enrolled in either a CSCO victim -center RJ Circle or community -facilitated CVWI RJ Circle. A comprehensive RP reparation/intervention plan will be established during the RJ Circles, and three follow-up Circles will be scheduled by the assigned agency and hosted over a six-month period. After each initial circles, Thrive will begin case management to support and assist both the HP and the RR Other external partners will be contacted by Thrive to provide direct services. At the end of the six -months, if the RP has not reoffended, completed the action items outlined in the individualized intervention plan, and attended all their RJ Circles, the case will be dismissed. See attached preliminary flowcharts for additional details and partner letters of support. During the pilot, available staff was a critical issue, which resulted in EAP meetings being frequently canceled, only 100 cases being reviewed and 9 young adults enrolled. To achieve our EAP goals a dedicated EAP part-time DDA, Program Specialist and Victim Advocate will be hired. Half the RJ Circles will be facilitated by CSCO (victim -centered cases) and half by the community -member facilitators (CVWI cases). CSCO will also be expanding their professional facilitator team, hiring a program coordinator and offering comprehensive training, mentorship and support for all the community facilitators. The increase in cases and being more victim -focused also requires Thrive to increase their EAP case manager to half- time. Programmatic Activities 9/18 (1) Describe how your program centers the experiences of those harmed and supports those harmed in identifying solutions that promote healing. If applicable, explain how your program provides culturally appropriate services to socially disadvantaged individuals. Prior to a case being accepted into the EAP, the Victim Advocate contacts the HP to discuss the EAP, the victim's rights provided to them via Oregon Constitution & Statute, and discuss what the HP would like to see happen. The Advocate discusses the HP's options and provides education around what a RJ versus a Criminal Justice response looks like. A basic victim needs assessment is conducted to determine which services can help the victim regain stability and heal. The victim's position is presented at case staffing to determine EAP eligibility. Concerns discussed by the victim will be mitigated to ensure the harmed party's needs are made a priority. We maintain relationships with agencies that provide culturally appropriate services. They will be consulted to ensure that culturally relevant services are offered. CSCO specializes in conflict mediation & RJ practices, and will prepare the HPs interested in participating in the RJ circles for the experience. Options for HP participation include face to face, zoom, bringing a support person, and/or requesting a surrogate. The RJ Circles will include community members as facilitators and an impacted community representative to provide a broader range of life experiences to the conversations. Circle allow the HP to share their story; providing an opportunity for accelerated healing. EAP is pre -charge, so some HPs may not be ready to engage. In those circumstances the victim advocate or a surrogate will represent the HP's interests in the Circle. HPs who initially forgo participating may engage later. Our network of facilitators will grow by recruiting from culturally & socially diverse groups in Deschutes, Jefferson, and Crook. The team will be trained in trauma informed practices, as our program is focused on building relationships and being person -centered. HPs will also receive regular check -ins by the victim advocate and case manager. 10 / 18 (2) Describe how your program works to encourage those who caused harm to take responsibility and repair the harm and supports responsible parties in identifying solutions that promote healing. If applicable, explain how your program provides culturally appropriate services to socially disadvantaged individuals. Being person -centered is a key reason there are 3 follow-up circles with the original Rj facilitation team for the RP to check -in with and share progress and challenges. The EAP brings RPs together with community volunteers that can relate and speak to the impact a criminal record can have on one's ability to achieve desired success in life. The pilot has shown this creates trust and builds relationships with community support; which improves success rates. Additionally, volunteers that are true representatives of the RP's community, provide the opportunity to tailor the process with cultural considerations. Eligible participants are required to accept responsibility for their actions which is addressed during the Orientation and in the RP preparation before the Rj Circle. A 6-month tailored intervention plan developed with the RP during the initial circle will include detailed action items that require accepting and repairing harm. Action items may include writing an apology letter, community service, paying restitution, or engaging in communication training. Our model validates this concept by providing opportunities for personalized, humanistic reconciliation that empowers all parties involved on a timeline geared toward growth and completion. The intervention plans also focus on improving the RPs' own lives by introducing the RP to a community support system of which they are likely not aware. This support creates opportunities that can be life - changing for the RP. Services and support include but are not limited to housing assistance, mental health counseling, education and job placement. This is critical to reduce the likelihood of recidivism and increase the prospect of adulthood success. The reparations/intervention plans are monitored by the case manager through frequent meetings, and during the successive Rj circles. These meetings and check -ins create a support network that promotes adherence, accountability and hope, and allows the RP's case to be dismissed pre -charge. (3) Describe how your program works to support impacted community members in identifying solutions that promote healing. RJ offers an opportunity to heal and rebuild trust. Inclusion, accountability, and empowerment are key pillars. We empower the victim to trust, advocate for themselves, and reenter the community. We help the offender (through consequences and reparations) to identify needs, develop tools to meet those needs constructively, and take responsibility. We empower the community by creating space to advocate and offer their perspective. A complete dialogue is instrumental in understanding how to meet the complex demands of all parties. To do this, our team meetings will be informed by case information and equal opportunity to share. A cadre of community representatives from a variety of backgrounds, communities, cultures, and experiences will discuss potential solutions that will assist the HP and the community to heal. These ideas and through victim restitution rights being established, the RP can be provided with alternatives to restitution; bringing additional value to the community and providing the RP the opportunity to make amends. For instance, a hate speech crime might involve the Father's Group of Bend participating in a RJ Circle, sharing why that language is harmful; and community service being offered to the RP at a local business to clean-up graffiti to work off restitution payments. The creative solutions generated will help us gain additional insight into how these crimes impact the broader community. By engaging community members as RJ facilitators, they will witness first-hand the impact that their work has on the RP, the HP and the community when reparations are made and RJ is achieved. They become future advocates of the process for others. Since HPs and RPs can bring a support person to the RJ Circles, we will invite them to complete a pre & post surveys -- providing us with additional insight into the impact of the crime and the program. 12 / 18 (4) Describe your program's coordination with community -based organizations. CSCO and Thrive are both local non -profits that will be sub-awardees on our grant award. We currently have contracts with both organizations, which will be updated and expanded under the grant. CSCO's role will focus on facilitating the difficult conversations that result in RJ for the HP, RP and community. The team at Community Solutions will prepare HPs and RPs for the RJ process for our victim - centered cases; coordinate and facilitate the initial EAP victim -centered circles, as well as the three corresponding follow-up circles; attend the EAP Case Discussions; participate in the EAP RP Orientations; maintain confidential circle information; provide circle summaries; collect and share agreed upon circle and service data; transfer unsuccessful RP's names back to the DCDA for charging, lead RJ facilitator training, assist with volunteer recruitment; and manage volunteer and restitution payments. Thrive will provide a dedicated case manager to the program to offer comprehensive RP case management and HP resource assistance. The case manager will attend the EAP RP orientations, and the EAP Case Discussion. Thrive will regularly connect with the RPs to provide active support for successful completion of the intervention plan; and offer services and resources that go beyond the scope of the intervention plan as new information is learned; track plan progress and provide RP & HP meeting summaries. Thrive will also connect with the victim advocate to determine what services and resources might be most appropriate for the HP, will reach out as needed to provide direct support, and will manage emergency fund payments. The EAP team also plans to connect with Heart of Oregon Corps, the Latino Community Association and Neighbor Impact, among other community -based organizations to explore how they may be able to provide resources and services to our HPs and/or RPs as the program grows and expands. 13/18 (5) Describe your program's ability to work collaboratively with system partners, such as local law enforcement entities, district attorney offices, and criminal defense attorneys and criminal defense law firms or consortia. Many of the partners below have been working on the EAP pilot. Our work and roles will be expanded and the MOUs updated under the new plan. The DCDA will take the lead on case identification and overall grant and program management. DCDA tasks include: contracts and MOU development, case staffing and case transfer, program liaison, data management, initial offender contact, offender orientation coordination, host RJ circles on CVWI cases, provide case oversight (referral, ineligible, revoke), initial victim contact and support services, connecting HPs with Thrive and CSCO; program material development; training coordination, and assist with volunteer facilitator recruitment. Deschutes Defenders, a NGO, will provide a public defender to participate in program planning and EAP Case Discussions. The attorney will attend the Orientation and provide legal clarity on the EAP as it relates to each RP's individuals case, walk the young adult through the ROI and represent the RP, if they are unsuccessful in the program. COIC team attends the planning meetings and provides direct services to the RPs and HPs that need assistance with job placement and training or GED requirements. Will participate in program training to help inform our facilitators on the services they provide. DCBHS - Intensive Youth Services (IYS) attends the program planning and EAP Case Discussions. Provides direct services through their IYS programs and connects RPs and HPs with mental health counseling and services. Will also participate in program training for the facilitators on their services. Given the preliminary success of the EAP pilot, the full involvement of the systems partners is relevant and effective. Our enhanced program plan has a more robust and critical role for our community partners helping us to improve our victim -centered cases, serve more cases, and increase our partners' organizational capacities. Shared responsibility is the best approach for Deschutes County. 14 / 18 (6) If applicable, describe any funding included in your budget that is for direct services to the party harmed and the person who committed the harm. We are requesting funding through the grant to assist the harmed party and the responsible party with resources and services. Through a separate sub -award contract with Thrive, the case manage will have direct access to these funds to address emergency needs and/or to provide targeted services for these individuals. Many of these needed services will be outline within the intervention plan for the RP and/or the HP in the HP service/screening document. However, if the case manager identifies additional needs for either party, the case manager will provide and track the use of those funds automatically if the total amount is under $150. If the amount needed exceeds that total, the case manager will seek approval from the EAP Partner team at a Partner Case Discussion. Funds are also being requested through the grant to assist with restitution payments. If an RP is actively engaged in the program and has made appropriate payments toward their restitution requirements, but the EAP Partner team feels that paying the restitution in full could negatively impact the RPs progress, the team can approve to cover a percentage of the remaining restitution. This action will help to make the harmed party whole, while not causing additional unintended consequences for the RP. Evaluation and Data Collection 15 / 18 (1) Describe your program's outcome evaluation. Given the short time frame of this program and the proposed participation numbers (50 cases), we do not feel it is prudent to hire a researcher to conduct a full evaluation until we will have enough data and information that will produce a realistic evaluation of our outcomes. However, the EAP team will write a full summary report detailing our outputs and outcomes, lessons learned, and where we believe the program is trending. We will aggregate our HP and RP data from intake forms, review responses in our pre/post program surveys, and track accessed services, as well as assess demographic and crime type data, and enrollment, recidivism, retention and graduation rates. We will also develop questions for our pre and post surveys for the HPs and RPs in partnership with a researcher to ensure the surveys are an effective tool and accurately address the program's outcomes and vision. This will ensure that when there are enough participants to complete a full evaluation our prior data is useful. Throughout the program, the EAP team will meet quarterly to discuss program information and will review current quantitative information that may directly impact decisions on the program's plans. Information from this data will help us make mid -course changes and the final summary report will guide us in planning for the program's next phase. 16 / 18 (2) Identify and describe your program's method(s), ability, and mean(s) for collecting data (e.g., satisfaction/feelings of safety surveys, recidivism rates, etc.). As noted above, we do not plan to conduct a formal external program evaluation at this time, but we are requesting funds to hire a researcher to help us develop our pre & post surveys for our HPs, RPs and stakeholders that will put as in a better position to conduct a comprehensive evaluation at a later date. To collect and store all this information we will keep private program information related case notes in forms within Cognito Forms, this will keep the information completely separate from our case management system, in case an RP is revoked from the program and the case is charged. The data in these forms will be updated after each meeting and circle that involves a HP or RP. These forms will be updated by CSCO, Thrive, and DCDA. We will also track program retention and graduation rates, as well as eligibility and ineligibility status, crime and cases types and compare our program information to date and county data. To collect, track and monitor the data we will use reports in Karpel, create documents and upload information into Cognito Forms, surveys will be developed in Survey Monkey, and we will also use Excel. Throughout our pilot and other diversion programs, DCDA has established many methods and practices for monitoring and tracking which will streamline the process for the program partners. (3) Will you be partnering with a researcher or research entity to track and report on any outcome measures for your program? If yes, identify the researcher or entity and their affiliation with the program, and describe their role/responsibilities with program evaluation and/or data collection. The EAP will hire, Greg Stewart, an evaluator from Portland State University to assist us with developing the pre and post surveys and to help us write the survey portion of our summary report. We have worked with Greg on other projects and will be able to bring him up to speed on this program relatively quickly. The goal of this partnership is to ensure that we are prepared for a future evaluation. Budget Expense Sheet Completed - Mar 24 2022 Click here to download the get Ex;. ense Sheet 17 / 18 All budget details must be submitted on the Budget Expense Sheet provided. All required information (including the narratives) must be completed. Any category of expense not applicable to your budget may be left blank. final EAP RJ Budget Filename: final_ EAP_RJ_Budget.xlsx Size: 25.4 kB Evidence of Commitment Completed - Mar 24 2022 Submission of letters of support, Memoranda of Understanding, etc. specific to collaborations with referral sources, community -based organizations, or system partners. (NOT REQUIRED) EAP Evidence of Commitment Final Filename: EAP Evidence of Commitment Final.pdf Size: 1.0 MB 18 / 18 The Deschutes County Emerging Adult Program — Evidence of Commitment Overview The Deschutes County DA's Office (DCDA) in partnership with community -based NGOs -- Community Solutions of Central Oregon (CSCO) and Thrive Central Oregon (Thrive), along with Deschutes County Behavioral Health (DCBH) and Central Oregon Intergovernmental Council are implementing the Emerging Adult Program (EAP). This pilot pre -charge, restorative justice initiative has laid the ground work for our proposed FY23 expanded and improved EAP. The Deschutes County EAP team has learned a lot from the pilot and this grant funding will enable us to improve our program to better serve the victims (Harmed Party), increase organizational capacity, incorporate more cases, expand our eligibility, enhance the level of service provided, and develop additional critical partnerships. These changes will occur through a phased approach to ensure they are done effectively and take into account the capacity of all the partners. We will start by considering young adults with prior adult history. We will move the management of our victim -centered restorative justice circles to CSCO. The EAP will begin partnering with our public defenders (Deschutes Defenders) to provide legal advice to program offenders (Responsibility Party) regarding their participation. Training opportunities will be enriched and provided to our entire team and community volunteers who facilitate our restorative circles, and we will establish connections with our surrounding counties (Crook & Jefferson) to allow us to engage program participants that live within our tri-county region. The EAP team will also create new partnerships with other regional service provides to enhance the resource offerings we can provide to both the harmed party (HP) and the responsibility party (RP). Our target audience for restorative justice will be young adults (18-24-year-old) that committed a crime in Deschutes County and their victims. Letters of Support Timeline Team Member Responsibilities Flow Charts Community Solutions of Central Oregon March 23, 2022 Rachel McArthur, PhD Specialty Court Grant Analyst Criminal Justice Commission 885 Summer St NE Salem, OR 97301 Dear Dr. McArthur: Community Solutions of Central Oregon (CSC()) is fully committed to partnering. with the Deschutes County DA s Office, Thrive Central Oregon. Deschutes Defenders and our other LAP community partners to expand the Deschutes County Emerging Adult Program. CSCO was involved in the development of the pilot LAP and will be taking on a much more expanded role in the enhanced EAP il' funding is secured. In the enhanced version of LAP. CSCO will be working more closely with the victim advocate to provide additional support and services for the harmed parties. CSC() will provide harmed party and responsible party preparation meetings to help prepare the participants for their restorative, justice circles. CSCO will be hosting and leading the facilitation of the victim -centered restorative. justice circles. We v vill also be recruiting the cominunity- member facilitators. impacted parties and surrogate victims. providing comprehensive volunteer training. and overseeing the payment for services of these community volunteers. My organization has extensive experience in helping people have difficult and sensitive conversations. We are excited to bring a full-scale restorative ,justice program to Central Oregon. 'Ihanl: you for considering our proposal. We loot: forward to sharing the results of this initiative with the Criminal Justice Commission. Sinceely. Danielle Strome President. Board of Directors Community Solutions of Central Oregon 1 1010 NW 14th Street, Suite 100 Send OR 97703 1 (541) 383-0187 central oregon March 23, 2022 Rachel McArthur, PhD Specialty Court Grant Analyst Criminal Justice Commission 885 Summer St NE Salem, OR 97301 Dear Dr. McArthur: Thrive Central Oregon is a non-profit, based in Deschutes County, but providing services throughout the tri- county area, connecting community members to needed support services, affordable housing and resources. Thrive has been providing case management for the EAP pilot and is looking forward to expanding our role to assisting the harmed parties as well. Through this restorative justice grant opportunity, we will be able to dedicate a part-time staff member to provide case management for all the EAP cases and to participate in the program planning and case meetings. We will oversee the emergency and service support funds for the project. The dissemination of these funds was an element that had been handled by the DA's Office during the pilot, but through trial and error and team conversations, we have determined that our organization is best positioned to manage, use and disperse these funds in the most -timely and efficient manner. We believe that the Emerging Adult restorative justice program will be a positive and critical element to our community. We appreciate CJC's consideration of our application and look forward to expanding our efforts to more harmed and responsible parties. Sincerely, goaNduike Sarah Mahnke MSW Enclave Med, 541-527-9871 sarah@thrivecentraloregon.org Contact 541-728-1022 nfo@thrivecentraloregon.org 405 SW 6th St. Suite A Redmond, OR 97756 Karla Nash Joel A. Wirtz Kat C. Griffith Sarah J. Yates Andrew W. Ince, Jr. Courtney L. Quale-Conrad Kaycee McClary Erika Thomas March 23, 2022 Rachel McArthur, PhD Specialty Court Grant Analyst Criminal Justice Commission 885 Summer St NE Salem, OR 97301 Dear Dr. McArthur, A Public Defense Nonprofit 215 N.W. Greenwood, Suite 200 Bend, Oregon 97703 541-389-7723 Toll Free 1-800-762-6616 Fax 541-383-7177 info@despd.org www.despd,org Julianne Willis Jason Wheeless Christopher R. Morgan Lee M. Griffith Leslie T. Nitcher Matt Murphy Deschutes Defenders is excited to partner with the Deschutes County DA's Office and other community agencies to implement an expanded version of their Emerging Adult Program (EAP). We have worked with the DA's Office on Clean Slate, the pre -charge diversion for individuals cited for possession of a controlled substance. Similar to our role in Clean Slate we will be meeting with the young adults at the program orientation to discuss their case and whether it is in their best interest to participate in the EAP. We whole heartedly believe in restorative justice initiatives and are pleased that EAP will be offered to more young adults in our community. ng expenses will be covered by our contract with the Oregon Public Defense ommission. March 23, 2022 Rachel McArthur, PhD Specialty Court Grant Analyst Criminal Justice Commission 885 Summer St NE Salem, OR 97301 Dear Dr. McArthur: TRAL°REti0 INTERtRVERNMENMI COUNCIL Everywhere Central Oregon Works The Central Oregon Intergovernmental Council (COIC) is pleased to support the Deschutes County Emerging Adults program's application to Criminal Justice Commission's Restorative Justice Grant program. COIC was engaged in the development of the Emerging Adult pilot program. We are excited about the opportunity to offer our WorkSource program services that include GED courses, resume assistance, job training, and career placement opportunities to a larger number of young adults. We are committed to assisting the Emerging Adult Program team when young adults are referred for our services. We are also prepared to potentially assist victims on these cases as well, and offers services to residents throughout the tri-county area. We believe that the restorative justice model of the Emerging Adult Program is an excellent way to redirect the lives of young people to help them succeed as adults. Thank you for considering Deschutes County's Emerging Adult grant proposal. Sincerely, Josh Lagalo Youth Employment and Training Manager COIL 541-815-6893 jlaaalo(i?coic.ol Dana Dunlap Adult Employment and Training Manager COIC-Worksource 541-388-6075 ddunlap@coic.org 334 NE Hawthorne Avenue, Bend, OR 97701 (541)548-8163 —Fax: (541) 923-3416 Office Locations: Bend, Klamath Palls, Lakeview, La Pine, Madras, Prineville, Redmond Emerging Adult Program Deschutes County 0 0 & � / x x x ¥ x x x x x x x x x k x x x x x x x x x x x x x x x x x x x: x: x x x \ x x x x x x x x k k M: x ¥ x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x to } x x x x x x x x x x x cu x x x x x x x x x x ro x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x 0 x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x 4444 x x x x x x. x x x x x x x x x x x x (1) y E / j c 00 c 0 , \ ƒ 5- / Cf : o_ / ƒ Volunteer recruitment New team members & volunteers starts E co E 0 2 k ktto E rcs E 2 0 § / co k \ 0 u / £ / \ u Orientations Victim & Offender Prep CSCO victim -centered initial R1 Circles CVWI initial RJ Circles c E f \ / Q ƒ ƒ * ƒ § E &/ j \ E / 0 Q / 0) 0 17) / Graduations* Data collection & analysis* * Activities will continue into 2024 to fully engage RP & HP's for 6 months after EAP enrollment Preliminary Planning List Deschutes County —Spring 2022 EAP Team Member Responsibilities This list will be refined during the development & planning meetings which will start in May 2022. The team will meet monthly through the summer and then move to a quarterly meeting schedule. CSCO Program Coordinator (TBD) - 0.75 FTE Grant funded 1. Coordinate and schedule community facilitator training 2. Schedule CSCO victim -centered preparation meetings (HP & RP) 3. Schedule CSCO victim -center Circles (initial & follow-up) 4. Schedule CSCO community facilitators 5. Coordinate community facilitator pay 6. Attend Meetings a. Partner Case Discussion b. Planning & Development c. Circle Prep — victim -centered d. Trainings 7. Update HP & RP Tracking Forms with circle summaries 8. Ensure Intervention Plans are complete 9. Collect and disseminate meeting and circle data 10. Track HP & RP data 11. Oversee Volunteer Recruitment 12. Answering participant questions 13. Pay restitution assistance funds to HP based on DDA stipulations Facilitator (Sharlee Johnston Brosnan)- 0.5 FTE Grant funded 1. Implement community facilitator training 2. Prepare HP & RP for CSCO victim -centered Circles 3. Host /Lead Facilitator — CSCO victim -center Circles (initial & follow-up) 4. Attend Meetings a. Partner Case Discussion b. Planning & Development c. Orientation i. Provide restorative justice overview d. Circle Prep — victim -centered e. Trainings DCDA Primary EA DDA (TBD) — 0.5 FTE Grant funded 1. Review cases and determine eligibility. 2. Approve participant intervention plans. 3. Manage Case Review Meetings 4. Manage Partner Case Discussion Meetings 1 Preliminary Planning List Deschutes County —Spring 2022 5. Attend meetings: a. Development & Planning b. EAP Orientations c. EAP Circle Prep — volunteer updates prior to circles d. EAP Circles i. Initial Circle- Approve RP's Intervention Plan and review plan with RP ii. Follow-up Circles - Checks in with responsible party e. Trainings 6. Ensures unsuccessful cases are referred to non -EA DDA for charging. 7. Oversee a. Case ID & screening b. Meeting coordination c. Volunteer scheduling d. EAP meeting prep e. Case identification f. Case tracking 8. Assist CSCO with volunteer recruitment & training 9. Manage CVWI Community Facilitators 10. Oversee Restitution 11. Craft RP correspondences (post circle/challenges-issue letters, revoked, and/or ineligible) Special Programs Technician/TA (TBD) — 0.5 FTE Grant funded 1. Assist in identifying, screening & tracking cases. a. Review EAP Report and flag potential EAP cases for review. b. Maintain appropriate notes in Karpel and Cognito Forms. 2. Attend meetings a. Development & Planning b. Circle prep — victim -centered and CVWI c. Trainings 3. Schedule, Coordinate & Host meetings a. Case Review b. Partner Case Discussion c. EAP Orientation d. EAP CVWI Circles i. In -person or via Zoom ii. Set-up Circle meeting rooms. iii. Greet the participants and set them -up on the Zoom meetings. iv. Find replacement volunteers from the back-up volunteer list. 4. Answering participant questions 5. Liaison with Thrive Case Manager — primarily for RP 6. Coordinate RP notifications a. Sending out "form" letters (i.e. meeting reminders/program acceptance/revoked/ineligible) 7. Assist with editing and reviewing program materials. 2 Preliminary Planning List Deschutes County — Spring 2022 8. Work with IT to ensure that tracking system and integration of case materials works w/Karpel, BI report, Cognito Forms 9. Community Facilitators a. Schedule Community Facilitators for CVWI circles b. Track community facilitator hours and send to CSCO for payment 12. Track RP data EAP Victim Advocate (TBD) — 0.5 FTE Grant funded 1. Inform victim of the EAP and relationship to their case a. Listen to a victim's views and thoughts b. Invite victim to EAP circles c. Complete victim intake 2. Work with CSCO to assist HP on victim -centered cases 3. Attend meetings a. Development & Planning b. Case Review i. Present victim's view point at case review 4. Represent the HP in CVWI Circles 5. Assist and/or represent the HP in the victim -center circles 6. Assist with editing and reviewing program materials 7. Assist with refining the scope and details of the RP intervention plans 8. Attend meetings a. Development/Planning Meetings b. Case Review Meetings c. Case Discussion Meetings d. EP Circles (victim -centered & CVWI) e. Trainings 9. Assist with keeping HP related notes up to date in Karpel or Cognito forms depending on the status of the individual/participant. 10. Liaison with Thrive Case Manager —for HP 11. Restitution a. Oversee victim request b. Assist DDA on payments and assistance 12. Track HP data Investigator 1. Attend case review meetings 2. Make initial contact with participant about the program. a. Record conversations and draft brief summary report b. Provide EAP brochure EAP Program Director 1. Provide program oversight. 2. Oversee assessment and analysis 3. Manage Partnership - Contracts and Agreements 4. Craft Policy & Procedure manual 3 Preliminary Planning List Deschutes County —Spring 2022 5. Develop program materials. 6. Attend meetings a. Development/Planning Meetings 7. Serve as back-up meeting host a. Case Review b. Partner Case Discussion c. Orientation d. CVWI Circles e. Circle Prep Thrive Case Manager - 0.5 FTE Grant Funded 1. Meet regularly with RP and interested HP participants and connect with appropriate services a. Provide meeting summaries 2. Track RP intervention plan progress a. Notify EAP team when failing meet expectations 3. Attend meetings a. Partner Case Discussion b. Circle Prep c. Trainings d. Planning & Development 4. Connect regularly with Victim Advocate, DDA, CSCO on HP & RP needs/services 5. Track service connections 6. Dispense service and emergency resource funds to HP & RP based on needs 7. Identify additional service providers Community Member Facilitators & Volunteers Paid "volunteer" community members — Grant Funded 1. Facilitate the CVWI RJ Circles 2. Serve as assistant facilitators for the victim -centered RJ Circles 3. Attend meetings a. Circle Prep b. RJ Circles c. Trainings 4. One member will serve on the Case Review team 5. One member will serve on the Partner team 6. One member will serve on the Development/Planning team Deschutes Defenders Defense Attorney/Public Defender 1. Provide legal advice 2. Attend meetings a. Planning and Development 4 Preliminary Planning List Deschutes County —Spring 2022 b. Partner Case Discussion c. Orientation i. Discuss case w/RP d. Trainings 3. Represent revoke RP participants DCBH — Intensive Youth Services Case Manager 1. Attend meetings a. Planning and Development b. Partner Case Discussion c. Trainings 2. Provide referred RP & HP participants access to services Central Oregon Intergovernmental Council WorkSource Case Manager 1. Attend meetings a. Planning and Development b. Trainings 2. Provide referred RP & HP participants career, education and job placement services. Future Community Partners 1. Attend meetings a. Planning and Development i. Provide additional cultural expertise b. Partner Case Discussion (as appropriate) c. Trainings 2. Provide referred RP & HP participants access to services 3. Assist with volunteer recruitment 5 c 0 0) 0) tA CD V1 t0 V cv E dA O L 4.1 c 0) E W � N o < C Victim Advocate contacts victim. E a) a, 0 a W Was the NN RP interested in N. tin c ro O. u a Z -40 O Z Preliminary plan —to be finalized over the next few months Victim Advocate Cases RJ Circles V a w CU a LLJ i RP meets with N (6 a, c• 1- a, .E. E cu 0 4-, •L Y N O Ca co V) Q 2 0 c, a1 47. N (N0 1 + -a = • 4-, Preliminary plan —to be finalized over the next few months EAP CSCO Victim -Centered Cases RJ Circles ► RP meets with the EAP Case \ 5 I ƒ §cv• § 2 ƒ « ) ©('A 0-2 0 / /�\' Preliminary plan — to be finalized over the next few months ow -up (Case Review, Participant Presentation Meetings and Graduation) 0 u. 0 re a. w 4 c cC <0 2 y � < z ƒ C w 0 \ : cw co :0 \ :. ra \ < a.< E= / / ± c = § CU a # O a' g .474 C o Iuj MI to §20 \&: itS \0) UJ\</ 0. 0 0 u. a. 2 0. w 0 z q \ Preliminary plan — to be finalized over the next few months CRIMINAL JUSTICE COMMISSION RESTORATIVE JUSTICE GRANT PROGRAM GRANT AGREEMENT 885 Summer Street NE Salem, OR 97301 This Grant Agreement ("Agreement") is made and entered into by and between the State of Oregon, acting by and through its Criminal Justice Commission, hereafter referred to as "CJC," and Deschutes County for the benefit of the Deschutes County District Attorney's Office, hereinafter referred to as "Grantee" and collectively referred to as the "Parties." This Agreement shall become effective on the later of July 1, 2022 or the date when this Agreement is fully executed and approved as required by applicable law. 1. Grant. In accordance with the terms and conditions of this Agreement, CJC shall provide Grantee an amount not to exceed $935,978.72 (the "Grant Funds") to assist Grantee in implementing the project described in Exhibit A (the "Project") during the period beginning on the Project Start Date and ending on the Project End Date (the "Project Period"), as those dates are specified in Exhibit A. Grantee shall implement the project in a substantially continuous manner during the Project Period and complete the Project no later than the Project End Date. The Grant Funds may be used by Grantee solely for Eligible Costs (as described in Section 4.a) incurred by Grantee within the line items of the Project Budget (set forth in Exhibit A) during the Project Period. CJC's obligation to disburse Grant Funds under this Agreement shall end 90 days after the Project End Date. 2. Agreement Documents. This Agreement consists of this document and the following documents, all of which are attached hereto and incorporated herein by reference: Exhibit A: Exhibit B: Project Description and Budget Subagreement Insurance Requirements In the event of a conflict between two or more of the documents comprising this Agreement, the language in the document with the highest precedence shall control. The precedence of each of the documents comprising this Agreement is as follows, listed from highest precedence to lowest precedence: this Agreement without Exhibits; Exhibit A; Exhibit B. 3. Reports. Grantee shall submit the reports required by this section. a. Progress Reports. Grantee shall submit to CJC a progress report, together with such other Project information as CJC may reasonably request, (collectively, a "Progress Report") every 6 months during the Project Period. Progress Reports must be received by CJC no later than January 25 and July 25, in each case reporting for the prior 6-month calendar period. Progress Reports must be submitted through CJC's grant administration website (https://cjc-grants/smapply.io) and contain all of the requested data. Grantee must receive prior approval from CJC to submit a Progress Report after its due date. 1 b. Financial Reports. Grantee shall submit to CJC a Financial Report each quarter to detail expenditures of Grant Funds during the prior calendar quarter. Financial Reports must be received by CJC no later than January 25, April 25, July 25, and October 25, for the prior calendar quarter; provided, however, that the final Financial Report must be submitted no later than the earlier of 30 days after completion of the Project or 30 days after the Project End Date. Failure to submit a Financial Report by the due date could result in a suspension of further disbursement of Grant Funds in addition to other remedies arising from Grantee's default. Grantee must receive prior approval from CJC to submit a Financial Report after its due date. 4. Disbursement and Recovery of Grant Funds. a. Disbursement Generally. Subject to Section 4.b, CJC shall disburse the Grant Funds in two installments according to the following disbursement schedule: • One installment in the amount of $467,989.36 no later than September 30, 2022; and • One installment in the amount of $467,989.36 no later than January 5, 2023. The Grant Funds may be used solely for Eligible Costs incurred in carrying out the Project. "Eligible Costs" are the reasonable costs incurred by Grantee (or a subgrantee or subrecipient under a Subagreement) during the Project Period in implementation of the Project, and that are not excluded by CJC, either by this Agreement or by exclusion as a result of financial review or audit, subject to the following requirements and limitations: i. Rates for travel expenses shall not exceed those allowed by the Oregon travel policy, available at https://www.oregon.gov/das/Financial/Acctng/Pages/Travel.aspx. ii. When purchasing equipment costing over $5,000, the Grantee must provide a description of the equipment, purchase price, date of purchase, and identifying numbers, if any, to the CJC Grant Administrator at cjcgrants@oregon.gov. iii. As specified in OAR 213-040-0050(5), no more than 15 percent of the Grant Funds may be used for grant -related administrative costs such as purchasing, budgeting, payroll, accounting, staff services, and other costs as deemed appropriate by CJC. iv. Eligible Costs are limited to those cost categories and amounts identified in the Budget Summary in Exhibit A. b. Conditions Precedent to Disbursement. CJC's obligation to disburse Grant Funds to Grantee is subject to satisfaction, with respect to each disbursement, of each of the following conditions precedent: i. CJC has received funding, appropriations, limitations, allotments or other expenditure authority sufficient to allow CJC, in the exercise of its reasonable administrative discretion, to make the disbursement. 2 ii. Grantee is in compliance with the terms of this Agreement. iii. Grantee's representations and warranties set forth in Section 6 are true and correct on the date of disbursement with the same effect as though made on the date of disbursement. iv. All Progress Reports due on or before the date of disbursement have been completed and submitted to CJC. v. All Financial Reports due on or before the date of disbursement have been completed and submitted to CJC. vi. Grantee has expended all Grant Funds previously disbursed to Grantee under this Agreement. 5. Recovery of Unexpended Grant Funds. Any Grant Funds disbursed to Grantee under this Agreement that remain unexpended ("Unexpended Funds") on the earlier of termination of this Agreement, completion of the Project, or the Project End Date, must be returned to CJC. Grantee shall return all Unexpended Funds to CJC within 14 days after the earlier of termination of this Agreement, completion of the Project, or the Project End Date. 6. Representations and Warranties of Grantee. Grantee represents and warrants to CJC as follows: a. Organization and Authority. Grantee is duly organized and validly existing under the laws of the State of Oregon and is eligible to receive the Grant Funds. Grantee has full power, authority, and legal right to make this Agreement and to incur and perform its obligations hereunder, and the making and performance by Grantee of this Agreement (1) have been duly authorized by all necessary action of Grantee and (2) do not and will not violate any provision of any applicable law, rule, regulation, or order of any court, regulatory commission, board, or other administrative agency or any provision of Grantee's charter or other governing documents, (3) do not and will not result in the breach of, or constitute a default or require any consent under any other agreement or instrument to which Grantee is a party or by which Grantee or any of its properties may be bound or affected. No authorization, consent, license, approval of, filing or registration with or notification to any governmental body or regulatory or supervisory authority is required for the execution, delivery or performance by Grantee of this Agreement. b. Binding Obligation. This Agreement has been duly executed and delivered by Grantee and constitutes a legal, valid and binding obligation of Grantee, enforceable in accordance with its terms subject to the laws of bankruptcy, insolvency, or other similar laws affecting the enforcement of creditors' rights generally. c. No Solicitation. Grantee's officers, employees, and agents shall neither solicit nor accept gratuities, favors, or any item of monetary value from contractors, potential contractors, or parties to subagreements. No State of Oregon employee shall be admitted to any share or part of this Agreement or any benefit arising therefrom. 3 d. No Debarment. Neither Grantee nor its principals is presently debarred, suspended, or voluntarily excluded, or proposed for debarment, declared ineligible or voluntarily excluded from participating in this Agreement by any state agency. Grantee agrees to notify CJC immediately if it is debarred, suspended or otherwise excluded by any state agency or if circumstances change that may affect this status, including without limitation upon any relevant indictments or convictions of crimes. The warranties set in this section are in addition to, and not in lieu of, any other warranties set forth in this Agreement or implied by law. 7. Records Maintenance and Access; Audit. a. Records, Access to Records and Facilities. Grantee shall make and retain proper and complete books of record and account and maintain all fiscal records related to this Agreement and the Project in accordance with all applicable generally accepted accounting principles, generally accepted governmental auditing standards, and state minimum standards for audits of municipal corporations. Grantee shall ensure that each of its subgrantees and subrecipients complies with these requirements. CJC, the Secretary of State of the State of Oregon (the "Secretary"), and their duly authorized representatives shall have access to the books, documents, papers and records of Grantee that are directly related to this Agreement, the funds provided hereunder, or the Project for the purpose of making audits and examinations. In addition, CJC, the Secretary, and their duly authorized representatives may make and retain excerpts, copies, and transcriptions of the foregoing books, documents, papers, and records. Grantee shall permit authorized representatives of CJC and the Secretary to perform site reviews of the Project, and to inspect all vehicles, real property, facilities and equipment purchased by Grantee as part of the Project, and any transportation services rendered by Grantee. b. Retention of Records. Grantee shall retain and keep accessible all books, documents, papers, and records that are directly related to this Agreement, the Grant Funds or the Project for a minimum of six (6) years, or such longer period as may be required by other provisions of this Agreement or applicable law, following the Project End Date. If there are unresolved audit questions at the end of the six -year period, Grantee shall retain the records until the questions are resolved. c. Expenditure Records. Grantee shall document the expenditure of all funds disbursed by CJC under this Agreement. Grantee shall create and maintain all expenditure records in accordance with generally accepted accounting principles and in sufficient detail to permit CJC to verify how the moneys were expended. 8. Grantee Subagreements and Procurements a. Subagreements. Grantee may enter into agreements with subgrantees and subrecipients ("Subagreements") for implementation of portions of the Project. i. Each Subagreement must be in writing executed by Grantee and must incorporate and pass through all of the applicable requirements of this Agreement 4 to the other party or parties to the Subagreement. Use of a Subagreement does not relieve Grantee of its responsibilities under this Agreement. ii. Grantee shall notify CJC of each Subagreement and provide CJC with a copy of a Subagreement upon request by CJC. Any material breach of a term or condition of a Subagreement relating to Grant Funds provided under this Agreement must be reported by Grantee to CJC within ten (10) days of its discovery. b. Subagreement indemnity; insurance. Each Grantee Subagreement shall require each other party to such Subagreement, that is not a unit of local government as defined in ORS 190.003, or a unit of state government as defined in ORS 174.111, to indemnify, defend, save and hold harmless the CJC and its officers, employees and agents 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 the other party to the Subagreement or any of such party's officers, agents, employees or contractors ("Claims"). It is the specific intention of the Parties that CJC shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the CJC, be indemnified by the other party to the Subagreement from and against any and all Claims. Any such indemnification shall also provide that neither the other party to such Subagreement nor any attorney engaged by such party shall defend a Claim in the name of the State of Oregon or an agency of the State of Oregon, nor purport to act as legal representative of the State of Oregon or any of its agencies, without the prior written consent of the Oregon Attorney General. The State may, at any time at its election, assume its own defense and settlement in the event that it determines that the other party to such Subagreement is prohibited from defending State or that such other party is not adequately defending State's interests, or that an important governmental principle is at issue or that it is in the best interests of State to do so. State reserves all rights to pursue claims it may have against the other party to such Subagreement if State elects to assume its own defense. Grantee shall require each other party to each of its Subagreements, that is not a unit of local government as defined in ORS 190.003, or a unit of state government as defined in ORS 174.111, to obtain and maintain insurance of the types and in the amounts provided in Exhibit B to this Agreement. c. Procurements. i. Grantee shall purchase any equipment, materials, or services for the Project under procedures that comply with Oregon law, including all applicable provisions of the Oregon Public Contracting Code and rules. 5 ii. All procurement transactions, whether negotiated or competitively bid and without regard to dollar value, shall be conducted in a manner so as to provide maximum open and free competition. Justification must be provided to CJC for any non-competitive or sole -source procurement. Justification should include a description of the equipment, materials or services procured, an explanation of why it was necessary to procure noncompetitively, time constraints and any other pertinent information. All sole source procurements in excess of $100,000 must receive prior written approval from CJC in addition to any other approvals required by law applicable to Grantee. Intergovernmental agreements between units of government are excluded from this requirement to obtain CJC approval of sole source procurements. iii. The Grantee shall be alert to organizational conflicts of interest or non- competitive practices among vendors that may restrict or eliminate competition or otherwise restrain trade. A vendor that develops or drafts specifications, requirements, statements of work, or Requests for Proposals (RFP) for a proposed procurement shall be excluded from bidding or submitting a proposal to compete for the award in such procurement. A request for a waiver of this restriction must be submitted to and approved by CJC in advance and in writing. 9. Default. Grantee shall be in default under this Agreement upon the occurrence of any of the following events: a. Grantee fails to perform, observe or discharge any of its covenants, agreements or obligations set forth herein; or b. Any representation, warranty or statement made by Grantee herein or in any documents or reports relied upon by CJC to monitor implementation of the Project, the use of the Grant Funds or the performance by Grantee is untrue in any material respect when made. 10. Remedies upon Default. If Grantee's default is not cured within 30 calendar days of written notice thereof to Grantee from CJC or such longer period as CJC may authorize in its sole discretion, CJC may pursue any remedies available under this Agreement, at law or in equity. Such remedies include, but are not limited to, termination of this Agreement as provided in Section 11.a.ii, suspension of further disbursements of Grant Funds, recovery of Grant Funds (including but not limited to return, upon CJC's demand, of any Grant Funds expended in violation or contravention of one or more of the provisions of this Agreement), and declaration of ineligibility for the receipt of future awards from CJC. 11. Termination a. Termination by CJC. CJC may terminate this Agreement upon thirty (30) days advance written notice of termination to Grantee. In addition, CJC may terminate this Agreement effective upon delivery of written notice of termination to Grantee, or at such later date as may be established by CJC in such written notice, if: 6 i. Grantee fails to implement the Project during the Project Period or commencement or continuation of the Project by Grantee is, for any reason, rendered improbable, impossible, or illegal; or ii. Grantee is in default under this Agreement and has failed to cure the default within the time period specified in Section 10; or Grantee takes an action without the approval of CJC that, under the provisions of this Agreement, requires the approval of CJC; or iv. CJC fails to receive funding, appropriations, limitations or other expenditure authority sufficient to allow CJC, in the exercise of its reasonable administrative discretion, to continue to make payments under this Agreement; or v. Federal or state laws, rules, regulations or guidelines are modified or interpreted in such a way that the Project is no longer allowable or no longer eligible for funding under this Agreement; or vi. The Project would not produce results commensurate with the further expenditure of funds. b. Termination by Grantee. Grantee may terminate this Agreement effective upon delivery of written notice of termination to CJC, or at such later date as may be established by Grantee in such written notice, if: i. After conferring with CJC, Grantee has determined that the requisite local funding to continue the Project is unavailable to Grantee or Grantee is unable to continue implementation of the Project as a result of circumstances not reasonably anticipated by Grantee at the time it executed this Agreement and that are beyond Grantee's reasonable control; or ii. Federal or state laws, rules, regulations or guidelines are modified or interpreted in such a way that the Project is no longer allowable or no longer eligible for funding under this Agreement. c. Effect of Termination. Upon termination of this Agreement, CJC may end all further disbursements of Grant Funds. Termination of this Agreement shall not affect Grantee's obligations under this Agreement or CJC's right to enforce this Agreement against Grantee in accordance with its terms, with respect to Grant Funds actually received by Grantee or with respect to portions of the Project actually implemented. Specifically, but without limiting the generality of the preceding sentence, Sections 7 and 12 shall survive termination of this Agreement. 12. GENERAL PROVISIONS a. Contribution. i. 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 7 CJC or Grantee relating to this Agreement or the Project and with respect to which the 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. Each 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 a Party of the notice and copies required in this paragraph and meaningful opportunity for the Party to participate in the investigation, defense and settlement of the Third Party Claim with counsel of its own choosing are conditions precedent to that Party's contribution obligation with respect to the Third Party Claim. ii. With respect to a Third Party Claim for which CJC is jointly liable with Grantee (or would be if joined in the Third Party Claim ), CJC 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 Grantee in such proportion as is appropriate to reflect the relative fault of the CJC on the one hand and of the Grantee 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 CJC on the one hand and of Grantee 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. CJC's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if CJC had sole liability in the proceeding. iii. With respect to a Third Party Claim for which Grantee is jointly liable . with CJC (or would be if joined in the Third Party Claim), Grantee 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 CJC in such proportion as is appropriate to reflect the relative fault of Grantee on the one hand and of CJC 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 Grantee on the one hand and of CJC 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. Grantee's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if it had sole liability in the proceeding. b. Dispute Resolution. The Parties shall attempt in good faith to resolve any dispute arising out of this 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. 8 c. Amendments; budget changes. This Agreement may be amended only by a written instrument signed by both Parties and approved as required by applicable law. Grantee may propose changes to the Project Budget in Exhibit A that do not increase the total budget amount. If Grantee's proposed changes do not alter any line item in the Project Budget by more than ten percent, the proposed changes to the Project Budget will be effective upon written approval by CJC delivered to Grantee as provided in Section 12.f. All other changes to the Project Budget must be implemented through a formal amendment to this Agreement before the changes become effective. d. Duplicate Payment. Grantee is not entitled to compensation or any other form of duplicate, overlapping or multiple payments for costs covered by Grant Funds under this Agreement from any agency of the State of Oregon or any other party, organization or individual. e. No Third Party Beneficiaries. CJC and Grantee are the only Parties to this Agreement and are the only Parties entitled to enforce its terms. Nothing in this Agreement gives, is intended to give, or shall be construed to give or provide any benefit or right, whether directly or indirectly, to a third person unless such a third person is individually identified by name herein and expressly described as an intended beneficiary of the terms of this Agreement. f. Notices. Except as otherwise expressly provided in this Agreement, any notices to be given by a Party to the other Party hereunder shall be given in writing by personal delivery, facsimile, email, or mailing the same by registered or certified mail, postage prepaid, to Grantee Contact or CJC Contact at the address or number set forth on the signature page of this Agreement, or to such other addresses or numbers as either Party may hereafter indicate pursuant to this Section 12.f. Any notice personally delivered shall be deemed to be given when actually delivered. Any notice delivered by facsimile shall be deemed to be given when receipt of the transmission is generated by the transmitting machine, and to be effective against CJC, such facsimile transmission must be confirmed by telephone notice to CJC Contact. Any notice by email shall be deemed to be given when the recipient of the email acknowledges receipt of the email. Any notice by registered or certified mail shall be deemed to be given three (3) days after mailing. The parties also may communicate by telephone, regular mail or other means, but such communications shall not be deemed notices under this Section unless receipt by the other Party is expressly acknowledged in writing by the receiving party. g. Work Product. To the extent it has the necessary rights, Grantee hereby grants to CJC a non-exclusive, irrevocable, perpetual, royalty -free, license to use, reproduce, prepare derivative works based upon, distribute copies of, perform and display for governmental purposes, all documents, reports and works of authorship created, produced or obtained as part of or in connection with the Project ("Work Product"). Grantee shall deliver copies of Work Product to CJC upon request. In addition, if applicable law requires that the CJC own any intellectual property created, produced or obtained as part of or in connection with the Project, then Grantee shall execute such further documents 9 and instruments as CJC may reasonably request in order to assign ownership in the intellectual property to CJC. h. Governing Law, Consent to Jurisdiction. i. 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. ii. Any claim, action, suit or proceeding (collectively, "Claim") between CJC (and/or any other agency or department of the State of Oregon) and Grantee that arises from or relates to this Agreement must be brought and conducted solely and exclusively within the Circuit Court of Marion County for the State of Oregon (unless Oregon law requires that it be brought and conducted in another Oregon county). Grantee 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. W. Notwithstanding Section 12.h.ii above, if a Claim must be brought in a federal forum, then it must be brought and adjudicated solely and exclusively within the United States District Court for the District of Oregon. This Section 12.h.iii applies to a Claim brought against CJC or any other agency or department of the State of Oregon only to the extent Congress has appropriately abrogated the State of Oregon's sovereign immunity and is not consent by the State of Oregon to be sued in federal court. This Section 12.h.iii is also not a waiver by the State of Oregon of any form of defense or immunity, including but not limited to sovereign immunity and immunity based on the Eleventh Amendment to the Constitution of the United States. i. Compliance with Law. Grantee shall comply with all federal, state and local laws, regulations, executive orders and ordinances applicable to the Agreement or to the implementation of the Project. Without limiting the generality of the foregoing, Grantee expressly agrees to comply with (i) Title VI of Civil Rights Act of 1964; (ii) Title V and Section 504 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 the foregoing laws; and (v) all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. j. Insurance; Workers' Compensation. All employers, including Grantee, that employ subject workers who provide services 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. Employer's liability insurance with coverage limits of not less than $500,000 must be included. Grantee shall ensure that each of its subgrantees and subrecipients complies with these requirements. 10 k. Independent Contractor. Grantee shall implement the Project as an independent contractor and not as an agent or employee of CJC. Grantee has no right or authority to incur or create any obligation for or legally bind CJC in any way. CJC cannot and will not control the means or manner by which Grantee implements the Project, except as specifically set forth in this Agreement. Grantee is responsible for determining the appropriate means and manner of implementing the Project. Grantee acknowledges and agrees that Grantee is not an "officer", "employee", or "agent" of CJC, as those terms are used in ORS 30.265, and shall not make representations to third parties to the contrary. 1. Severability. If any term or provision of this Agreement is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the Parties shall be construed and enforced as if this Agreement did not contain the particular term or provision held to be invalid. m. Counterparts. This Agreement may be executed in two or more counterparts (by facsimile or otherwise), each of which is an original and all of which together are deemed one agreement binding on all Parties, notwithstanding that all Parties are not signatories to the same counterpart. n. Integration and Waiver. This Agreement, including all Exhibits, constitutes the entire agreement between the Parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. The delay or failure of either Party to enforce any provision of this Agreement shall not constitute a waiver by that Party of that or any other provision. [The signatures of the parties follow on the next page.] 11 Grantee, by the signature below of its authorized representative, hereby acknowledges that it has read this Agreement, understands it, and agrees to be bound by its terms and conditions. Approved by Grantee Signature of Grantee John Hummel, Deschutes County District Attorney Date Name/Title 931197742 Federal Tax ID Number Approved by Criminal Justice Commission OR 0502098-8 State Tax ID Number Kenneth Sanchagrin, Executive Director Date Approved for Legal Sufficiency by AAG Sam Zeigler by email dated 8/15/22 Sam Zeigler Date CJC Contact CJC Grant Administrator Rachel McArthur 885 Summer St. NE Salem, OR 97301-2524 rachel.mcarthur@cjc.oregon.gov 503-507-4561 Grantee Contact Deschutes County District Attorney's Office Kathleen Meehan Coop 1164 NW Bond St. Bend, OR 97703 kathleen.meehancoop@dcda.us 541-317-3175 12 EXHIBIT A Project Description and Budget Pursuant to House Bill 2204 (2021), the goal of the Criminal Justice Commission's Restorative Justice Grant Program ("Grant Program") is to financially support public and private entities offering restorative justice programs. The Grant Program defines "restorative justice" as a community -based alternative to the criminal and juvenile legal systems that aims to center the needs of the harmed party and foster accountability within the responsible party without resorting to incarceration or criminal conviction. In implementing this Project, Grantee must demonstrate: (i) coordination with community -based organizations; (ii) the ability to work collaboratively with system partners, including local law enforcement entities, courts, district attorneys and defense attorneys; and (iii) center the experiences of those harmed, encourage those who have caused harm to take responsibility and repair the harm, and support persons who have been harmed, impacted community members and responsible parties in identifying solutions that promote healing, including promoting dialogue and mutual agreement. Grantee shall use the Grant Funds to operate the Emerging Adults Program in Deschutes County, which redirects young adults/responsible parties and harmed parties out of the criminal justice system and into a restorative justice alternative. Project Start Date: April 1, 2022 GRANT #: RJ-23-08 GRANTEE PROGRAM CONTACT: Kathleen Meehan Coop EMAIL: kathleen.meehancoop@dcda.us TELEPHONE: 541-317-3175 BUDGET SUMMARY: Project End Date: December 31, 2023 GRANTEE FISCAL CONTACT: Kathleen Meehan Coop EMAIL: kathleen.meehancoop@dcda.us TELEPHONE: 541-317-3175 Budget Category Grant Funds Requested Personnel $410,438.16 Contractual Services $518,990.56 Equipment $0 Supplies $1,000.00 Rent/Utilities $0 Training/Travel $5,550.00 Administrative Costs $0 Total $935,978.72 13 EXHIBIT B Subagreement Insurance Requirements Grantee shall require each other party to a Subagreement that is not a unit of local government as defined in ORS 190.003, or a unit of state government as defined in ORS 174.111, if any, to: i) obtain insurance specified under TYPES AND AMOUNTS and meet the requirements under ADDITIONAL INSURED, "TAIL" COVERAGE, CERTIFICATES OF INSURANCE, and NOTIFICATION OF CHANGE OR CANCELLATION before the subgrantee performs under Subagreement, and ii) maintain the insurance in full force throughout the duration of the Subagreement. 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 CJC. Grantee shall not authorize a subgrantee to begin work under a Subagreement until the insurance is in full force. Thereafter, Grantee shall monitor continued compliance with the insurance requirements on an annual or more frequent basis. Grantee shall incorporate appropriate provisions in the Subagreements permitting it to enforce subgrantee 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 Subagreement as permitted by the Subagreement, or pursuing legal action to enforce the insurance requirements. In no event shall Grantee permit a subgrantee to work under a Subagreement when the Grantee is aware that the subgrantee is not in compliance with the insurance requirements. TYPES AND AMOUNTS. i. WORKERS COMPENSATION. Workers' Compensation Insurance as required by applicable workers' compensation laws for persons performing work under a Subagreement including Employers' Liability Insurance with limits not less than $500,000 each accident. ii. PROFESSIONAL LIABILITY ® Required by CJC n Not required by CJC. Professional Liability Insurance covering any damages caused by an error, omission or negligent act related to the services to be provided under the Subagreement, in an amount not less than $2,000,000 per occurrence. Annual aggregate limit shall not be less than $4,000,000. If coverage is on a claims made basis, then either an extended reporting period of not less than 24 months shall be included in the Professional Liability Insurance coverage, or the subgrantee shall provide Tail Coverage as stated below. iii. COMMERCIAL GENERAL LIABILITY. ® Required by CJC Not required by CJC. Commercial General Liability Insurance covering bodily injury, death, and property damage in a form and with coverages that are satisfactory to CJC. This insurance shall include personal injury liability, products and completed operations and contractual liability coverage for the indemnity provided under the Subagreement. Coverage shall be written on an occurrence form basis in an 14 amount of not less than $1,000,000 per occurrence. Annual aggregate limit shall not be less than $2,000,000. iv. AUTOMOBILE LIABILITY. ® Required by CJC n Not required by CJC. Automobile Liability Insurance covering all owned, non -owned and hired vehicles with a combined single limit of not less than $1,000,000 for bodily injury and property damage. ADDITIONAL INSURED. The Commercial General Liability insurance and Automobile Liability insurance must include the State of Oregon, CJC, and their officers, employees and agents as Additional Insureds but only with respect to the activities to be performed under the Subagreement. Coverage must be primary and non-contributory with any other insurance and self-insurance. "TAIL" COVERAGE. If any of the required insurance is on a "claims made" basis and does not include an extended reporting period of at least 24 months, the subgrantee 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 Subagreement, for a minimum of 24 months following the later of : (i) the subgrantee's completion and Grantee's acceptance of all work required under the Subagreement or, (ii) the expiration of all warranty periods provided under the Subagreement. CERTIFICATE(S) OF INSURANCE. Grantee shall obtain from the subgrantee a certificate(s) of insurance for all required insurance before the subgrantee performs under the Subagreement. The certificate(s) must list the State of Oregon, its officers, employees and agents as a Certificate holder and as Additional Insured, specify that subgrantee shall pay for all deductibles, self - insured retention and self-insurance, if any, that all coverage shall be primary and non- contributory with any other insurance and self-insurance, and confirm that either an extended reporting period of at least 24 months is provided on all claims made policies or that tail coverage is provided. As proof of insurance, CJC has the right to request copies of the certificate(s) or insurance policies relating to the insurance requirements in this Agreement. NOTICE OF CHANGE OR CANCELLATION. The subgrantee or its insurer must provide at least 30 days' written notice to Grantee_and CJC before cancellation of, material change to, potential exhaustion of aggregate limits of, or non -renewal of the required insurance coverage(s). INSURANCE REQUIREMENT REVIEW. Grantee agrees to periodic review of insurance requirements by CJC under this Agreement and to provide updated requirements as mutually agreed upon by Grantee and CJC. 15