HomeMy WebLinkAboutDoc 394 - Juvenile Plan - OYADeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 -Fax (541) 385-3202 ~ www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of August 7, 2013
DATE: July 12,2013
FROM: Deevy Holcomb Juvenile 541 ~322-7644
TITLE OF AGENDA ITEM:
Consideration of approval of State Juvenile Basic and Diversion Plan and signature for 2013-15 OYA
Basic and Diversion Grant Agreement (Deschutes Doc #2103-394).
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
The State of Oregon through the Oregon Youth Authority provides funding to counties each biennium
for "Basic" juvenile department services and services for offenders at higher risk for a commitment to
state custody ("Diversion" services). This Intergovernmental Agreement covers the 2013~15 biennium,
for which the county was allocated an approximate additional amount of $17,000 compared to the
2013~15 biennium. The county will be reviewing and requesting aproval from the Local Public Safety
Coordinating Council on August 5,2013 for the separate, required Plan to the Oregon Youth Authority
for utilizing funds for: Functional Family Therapy (Basic and Diversion), Detention~based health
care/nursing services and food services (Basic).
FISCAL IMPLICATIONS:
This agreement will authorize $741,179 between July I, 2013 ~ June 30, 2015.
RECOMMENDATION & ACTION REQUESTED:
Review and signature by BOCC Chair
ATTENDANCE: Ken Hales / Deevy Holcomb
DISTRIBUTION OF DOCUMENTS:
Deevy Holcomb once signed
DESCHUTES COUNTY DOCUMENT SUMMARY
(NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be
on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board
agenda, the Agenda Request Form is also required. If this form is not included with the document, the document wilt be returned to
the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the
County Administrator or the Commissioners. In addition to submitting this form with your documents. please submit this form
electronically to the Board Secretary.)
Please complete all sections above the Official Review line.
Date: puly 23, 201 ~ Department: puvenile Community Justic~
Contractor/Supplier/Consultant Name: IOregon Youth Authorit~
Contractor Contact: ILaura Hincij Contractor Phone #: (503) 373-733~
Type of Document: Juvenile Crime Prevention Basic and Diversion Services
Intergovemmental Agreement (Deschutes County Doc # 2013-394)
Goods and/or Services: The State of Oregon through the Oregon Youth Authority
provides funding to counties each biennium for basic juvenile department services and
services for offenders at higher risk for a commitment to state custody (DiverSion
services).
Background & History: This Intergovernmental Agreement covers the 2013-15
biennium, for which the county was allocated an approximate additional amount of
$17,000 compared to the 2011-13 biennium. The county will be utilizing funding to
provide Functional Family Therapy (BaSic and Diversion); Detention-based health
care/nursing services (Basic) and Detention food services (Basic).
Agreement Starting Date: puly 1 , 201 ~ Ending Date: pune 30, 20151
Annual Value or Total Payment: 1$363,178/Annual; $726,356 /Bienniall
D Insurance Certificate Receiied (CleCk box)
Insurance Expiration Date:
Check all that apply:
D RFP, Solicitation or Bid Process
D Informal quotes «$150K)
D Exempt from RFP, Solicitation or Bid Process (specify -see DCC §2.37)
Funding Source: (Included in current budget? ~ Yes D No
If No, has budget amendment been submitted? DYes D No
Is this a Grant Agreement providing revenue to the County? cg] Yes D No
Special conditions attached to this grant:
7/23/2013
Annual Plan needs to be submitted by July 31, 2013 and approved by OY A.
Expenditure reports and requests for reimbursement need to be submitted within 30
days of the end of quarters ending September, December, March and June, using
report templates provided by Oregon Youth Authority (OYA).
If a new FTE will be hired with grant funds, confirm that Personnel has been notified that
it is a grant-funded position so that this will be noted in the offer letter: 0 Yes 0 No
Contact information for the person responsible for grant compliance:
Name: Laura Hince
Phone #: K503) 373-733~
Departmental Contact and Title: Deevy Holcomb Phone #: 541-322-7644
1 ·; L 13I
Date
Distribution of Document: Who gets the original document and/or copies after it has
been signed? Include complete information if the document is to be mailed.
Department Director Approval: --::;::0-""4't..#~~'LfiJ~:':::"":::=----
Official Review:
County Signature Required (check one): IE] SOCC 0 Department Director (if <$25K)
o Administrator (if >$25K but <$150K; if >$150K, SOCC Order No. _____)
Legal Review Date~&0Q
Docu ment Nu mber _t:n;!!----=--'-<--=--r-----""_a ~.""--__
711112013
In compliance with the Americans with Disabilities Act, this document is available in alternate
fonnats such as Braille, large print, audio tape, oral presentation, and computer disk. To request
an alternate fonnat call the State of Oregon, Oregon Youth Authority, Budget and Contracts Unit
at (503) 373-7371.
AGREEMENT #12659
JUVENILE CRIME PREVENTION BASIC SERVICES AND DIVERSION SERVICES
INTERGOVERNMENTAL AGREEMENT
This Juvenile Crime Prevention Basic Services and Diversion Services Intergovernmental
Agreement (the "Agreement") is between the State of Oregon acting by and through its Oregon
Youth Authority ("OY A") and Deschutes County, a political subdivision of the State of Oregon
("County").
WHEREAS, pursuant to ORS 190.110, ORS 420.019 and ORS 420AOI0(6), the parties
have authority to enter into intergovernmental cooperative agreements, and therefore agree to
work together, focusing on the Oregon Benchmark -Preventing and Reducing Juvenile Crime,
and to improve collaborative efforts.
NOW, THEREFORE, in consideration of the foregoing premises and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
hereto agree as follows:
AGREEMENT
1. Effective Date and Duration. This Agreement shall become effective as of July 1,
2013. Unless extended or tenninated earlier in accordance with its tenns, this Agreement shall
tenninate on June 30, 2015.
2. Agreement Documents, Order of Precedence. This Agreement consists of the
following documents, which are listed in descending order of precedence. In the event of a
conflict between two or more of these documents, the language in the document with the highest
precedence shall control.
This Agreement without Exhibits
Exhibit A Definitions
Exhibit B Tenns and Conditions
Exhibit C Program Requirements
Exhibit D Provider Requirements
Exhibit E Funding
Exhibit F Service Plan
All exhibits by this reference are hereby made part of this Agreement. Exhibits A-E are attached;
Exhibit F is not attached but will be on file with County and OY A
OY A Agreement #12659 -Deschutes County -JCP Basic and Diversion LH
Page 1 of2
20 3-394
The parties, by signature of their authorized representative, hereby acknowledge that they
have read this Agreement, understand it, and agree to be bound by its terms and conditions.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed as of the dates set forth below their respective signatures.
STATE OF OREGON ACTING BY AND THROUGH ITS
OREGON YOUTH AUTHORITY
Name: John Paul Jones
Title: Budget and Contracts Manager
COUNTY
Title:_________________
APPROVED FOR LEGAL SUFFICIENCY
By:_~A~p~pr~o~v~ed~V1~·a~E=_-_'o.!.m""a"_'il~_________
Name:--"'-Sus=an=..=L=...:..Am=e""s=b=ury'-J--_________
Tit1e:_~Se~n.!!.io~r~A~s""'s"'is."tan~t..:..A~tt""o'_'_'m"_'e".ly...::G~e~n~e:!..lra:!:!.l_____
Date:--'J"-"un=e~17!...1,-=2=O""-'13"--__________
Reviewed by OYA Contract Specialist: __________.Date: ____
OYA Agreement #12659 -Deschutes County JCP Basic and Diversion LH
Page 2 of2
JUVENILE CRIME PREVENTION BASIC SERVICES AND DIVERSION SERVICES
INTERGOVERNMENTAL AGREEMENT
EXHmIT A
DEFINITIONS
As used in this Agreement, the following words and phrases shall have the indicated meanings.
1. "Administrative Costs" means Allowable Costs incurred by County or a Provider in
administering implementation of the Service Plan, as determined in accordance with Office of
Management and Budget Circulars A-87 and A-122, as revised from time to time.
2. "Agreement" means this Intergovernmental Agreement between OY A and County.
3. "Allowable Costs" means those costs that are reasonable and necessary for delivery of
Services in implementation of the Service Plan as determined in accordance with Office of
Management and Budget Circulars A-87 and A-I 22, as revised from time to time.
4. "Claim" has the meaning set forth in Section 15 of Exhibit B.
5. "Client" means any individual who receives a Service.
6. "Close Custody Facility" for purposes of this Agreement means OY A Youth
Correctional Facilities and OY A Transition Programs.
7. "Community Programs" means those services and sanctions operated or administered
by OY A and provided to delinquent youth outside the Close Custody Facilities. These include,
but are not limited to, residential youth programs, certified family resources, individualized
services, and other programs developed in accordance with the Service Plan.
8. "County" has the meaning set forth in the first paragraph of this Agreement.
9. "Discretionary Bed Allocation" or "DBA" means the maximum number of youth from
the County who may reside in beds at OVA's Close Custody Facilities. The method for
calculating the maximum number of youth is set forth in OVA's administrative rules, OAR 416
410-0010 through 416-410-0060. For the purposes of this Agreement, at a minimum, the
following youth from the County shall be considered to be residing in beds at OVA's Close
Custody Facilities:
a. Youth committed to the custody of the OY A for placement at a Close Custody
Facility by the juvenile court of jurisdiction under ORS 419C.478, and
b. Youth whose parole from a Close Custody Facility has been revoked under the
provisions of ORS 420.045, 420A.l15 or 420A.120, except youths whose parole has been
revoked and who were originally committed for Rape in the first degree, ORS 163.375, Sodomy
in the first degree, ORS 163.405, and Unlawful Sexual Penetration in the first degree, ORS
163.411.
Youth placed at a Close Custody Facility due to administrative transfer from the Department of
Corrections under ORS 420.011(2) and those youth placed in Public Safety Reserve Bed Space in
accordance with OY A administrative rules OAR 416-410-0010 and 416-410-0020, shall, for
purposes of this Agreement, not be counted against the DBA.
OVA Agreement #12659 -Deschutes County-JCP Basic and Diversion LH
Exhibit A -Page 1 of 3
10. "Diversion Funds" means funds provided under this Agreement for Diversion Services.
Diversion Funds are part of the budget of the Oregon Youth Authority.
11. "Diversion Services" means services outlined in the Service Plan as defined under ORS
420.017 and 420.019 and OAR 416-410-0030. Diversion Services are community based and
operated to divert commitment of youth from OVA Close Custody Facilities.
12. "Evaluation Costs" means Allowable Costs incurred by a County or a Provider and
associated with completion of administration of risk screen, interim review, and JJIS data fields.
13. "JCP Basic Services" or "Basic Services" means services outlined in the Service Plan
and provided under this Agreement for detention and other juvenile department services including
shelter care, treatment services, graduated sanctions and aftercare for youth offenders.
14. "JCP Basic Services Funds" means funds provided under this Agreement for JCP Basic
Services. JCP Basic Services Funds are part of the budget of the Oregon Youth Authority.
15. "JJ1S" is the Juvenile Justice Information System administered by OVA under ORS
420A.223.
16. "OYA" means the Oregon Youth Authority.
17. "Provider" has the meaning set forth in Section 5 of Exhibit B.
18. "Public Safety Reserve Bed Space" means those beds in OVA's Close Custody
Facilities that are reserved for youth who have committed offenses designated by the OYA in its
administrative rules OAR 416-410-0010 and 416-410-0020.
19. "Service" means any service or group of related services delivered as part of Service
Plan implementation.
20. "Service Plan" means the County's plan for 2013-2015 JCP Basic and Diversion
Services approved by OY A and developed in coordination with the Local Coordinated
Comprehensive Plan, the provisions of which are incorporated herein by this reference. The
Service Plan includes, by funding source, high level outcomes, services to be provided, and a
budgeted amount for each service. Until the Service Plan for 2013-2015 has been developed
and approved as described above, the term "Service Plan" has the meaning set forth in Exhibit C,
Section 5.
21. "Supplanting" means replacing funding County would have otherwise provided to the
County Juvenile Department to serve the target populations in this Agreement.
22. "Target Population for Basic Services" means youths ages 10 to 17 years of age who
have been referred to a County Juvenile Department and who can benefit from services of the
County Juvenile Department, including but not to limited to, detention, shelter care, treatment
services, graduated sanctions, and aftercare, and who have more than one of the following risk
factors:
a. Antisocial behavior;
b. Poor family functioning or poor family support;
OY A Agreement #12659 -Deschutes County -JCP Basic and Diversion LH
Exhibit A Page 2 of3
c. Failure in school;
d. Substance abuse problems; or
e. Negative peer association.
23. "Target Population for Diversion Services" means youth offenders ages 12 to 18 years
of age who have been adjudicated for a Class A Misdemeanor or more serious act of delinquency
and who have been identified to be at risk of commitment to OYA Close Custody Facilities.
OVA Agreement #12659 -Deschutes County -JCP Basic and Diversion LH
Exhibit A -Page 3 of 3
JUVENILE CRIME PREVENTION BASIC SERVICES AND DIVERSION SERVICES
INTERGOVERNMENTAL AGREEMENT
EXHIBITB
TERMS AND CONDITIONS
1. Payment and Recovery of Funds.
a. Payment Generally. SUbject to the conditions precedent set forth below, OYA
shall pay funds to the County as set forth in Exhibit E for perfonnance of Services under this
Agreement on an expense reimbursement basis.
b. Payment Requests and Notices. County shall send all payment requests and
notices, unless otherwise specified in this Agreement, to OYA.
c. Conditions Precedent to Payment. OVA's obligation to pay funds to County
under this Agreement is subject to satisfaction, with respect to each payment, of each of the
following conditions precedent:
(i) OVA has received sufficient funding, appropriations and other
expenditure authorizations to allow OYA, in the exercise of its reasonable administrative
discretion, to make the payment.
(ti) No default as described in Section 7 of this Exhibit has occurred.
(iii) County's representations and warranties set forth in Section 2 of this
Exhibit are true and correct on the date of payment with the same effect as though made on the
date of payment.
(iv) OYA has received a timely written quarterly expenditure report/payment
request from County on a fonn designated by OYA.
(v) OYA has received from County and approved the County's Service Plan
for the 2013-2015 biennium and OYA has received from County any Service Plan amendments,
as applicable, as described in Exhibit C, Section 7 on or prior to the date of the payment request.
(vi) The expenditure report/payment request is received no later than 60 days
after the termination or expiration of this Agreement.
(vii) With respect only to payment of Diversion Services funds, County has
not exceeded its Discretionary Bed Allocation for ninety (90) or more consecutive days.
d. Recovery of Funds. If payments to County by OYA under this Agreement, are
made in error or are found by OYA to be excessive under the terms of this Agreement, OYA,
after giving written notification to the County shall enter into nonbinding discussions with
County within 15 days of the written notification. If, after discussions, the parties agree that
payments were made in error or found to be excessive, OYA may withhold payments due to
County under this Agreement in such amounts, and over such periods of time, as are deemed
necessary by OYA to recover the amount of the overpayment. If, after discussions, the parties do
not agree that the payments were made in error or found to be excessive, the parties may agree to
consider further appropriate dispute resolution processes, as provided in Section 29 of this Exhibit
OVA Agreement #12659 -Deschutes County JCP Basic and Diversion LH
Exhibit B Page 1 of 12
B. This Section l.d. shall survive expiration or earlier tennination of this Agreement and be fully
enforceable thereafter.
(i) Subject to the debt limitations in Article XI, Section 10 of the Oregon
Constitution, OY A's right to recover overpayments from County under this Agreement is not
subject to or conditioned on County's recovery of any money from any other entity.
(ii) If the exercise of OY A's right to offset under this provision requires the
County to complete a re-budgeting process, nothing in this provision shall be construed to prevent
the County from fully complying with its budgeting procedUres and obligations, or from
implementing decisions resulting from those procedures and obligations.
(iii) Nothing in this provision shall be construed as a requirement or
agreement by the County to negotiate and execute any future contract with OY A.
(iv) Nothing in this Section I.d shall require County or OY A to act in
violation of state or federal constitutions, statutes, regulations or rules.
(v) Nothing in this Section l.d shall be construed as a waiver by either party
of any process or remedy that might otherwise be available.
2. Representations and Warranties.
a. County represents and warrants as follows:
(i). Organization and Authority. County is a political subdivision of the
State of Oregon duly organized and validly existing under the laws of the State of Oregon.
County has full power, authority and legal right to make this Agreement and to incur and perfonn
its obligations hereunder.
(ii). Due Authorization. The making and perfonnance by County of this
Agreement (1) has been duly authorized by all necessary action by County and (2) does 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 County's
charter or other organizational document and (3) does 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
County is a party or by which County may be bound or affected. No authorization, consent,
license, approval of, filing or registration with or notification to any other governmental body or
regulatory or supervisory authority is required for the execution, delivery or perfonnance by
County of this Agreement.
(iii). Binding Obligation. This Agreement has been duly executed and
delivered by County and constitutes a legal, valid and binding obligation of County, enforceable
in accordance with its terms subject to the laws of bankruptcy, insolvency, or other similar laws
affecting the enforcement of creditors' rights generally.
(iv). Accuracy of Information. The statements made in and the infonnation
provided in connection with any applications, requests or submissions to OY A hereunder or in
connection with this Agreement are true and accurate in all materials respects.
OVA Agreement #12659 -Deschutes County -JCP Basic and Diversion LH
Exhibit B Page 2 of 12
(v). Services. The delivery of each Service will comply with the tenns and
conditions of this Agreement and meet the standards for such Service as set forth herein,
including but not limited to, any terms, conditions, standards and requirements set forth in the
Service Plan.
b. OY A represents and warrants as follows:
(I). Organization and Authority. OYA has full power, authority and legal
right to make this Agreement and to incur and perfonn its obligations hereunder.
(ii). Due Authorization. The making and perfonnance by OYA of this
Agreement (1) has been duly authorized by all necessary action by OY A and (2) does 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 and (3) does 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 OYA is a party or by which OYA 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 perfonnance by OY A of this Agreement, other than approval by the Department of Justice if
required by law.
(iii). Binding Obligation. This Agreement has been duly executed and
delivered by OYA and constitutes a legal, valid and binding obligation of OYA, enforceable in
accordance with its tenns subject to the laws of bankruptcy, insolvency, or other similar laws
affecting the enforcement of creditors' rights generally.
(Iv). Accuracy of Information. The statements made in and the infonnation
provided in connection with any applications, requests or submissions to County hereunder or in
connection with this Agreement are true and accurate in all materials respects.
c. The warranties set forth above are in addition to, and not in lieu of, any other
warranties set forth in this Agreement or implied by law.
3. Expenditure of Funds. County may expend the funds provided to County under this
Agreement solely on Allowable Costs necessarily incurred in implementation of the Service Plan
during the term of this Agreement, subject to the following limitations (in addition to any other
restrictions or limitations imposed by this Agreement):
a. No more than 10% of the aggregate funds paid under this Agreement to County
may be expended on Administrative Costs and Evaluation Costs. These limits apply in total to all
County government organizational units, Providers and subcontractors. This applies to all funds
paid pursuant to this Agreement. County shall record Administrative Costs on fonns provided by
OVA.
b. County may expend Diversion Services funds and Basic Services funds solely on
Diversion Services and Basic Services, respectively.
c. County may not expend and shall prohibit all Providers from expending on the
delivery of any Service, any funds provided to County under this Agreement in excess of the
amount reasonable and necessary to provide quality delivery of that Service.
OYA Agreement #12659 -Deschutes County JCP Basic and Diversion LH
Exhibit B Page 3 of 12
d. County may not use funds provided to County under this Agreement to reimburse
any person or entity for expenditures made, or to pay for goods or services provided, prior to the
effective date or after the termination date of this Agreement.
e. County shall not use the funds provided to County under this Agreement to
supplant money otherwise provided to the County Juvenile Department for services to delinquent
youth. County reductions to local funding do not constitute supplanting if the County reductions
to local funding are taken proportionately across all County departments.
4. Expenditure Reports. County shall submit to OY A, on forms designated by OY A, a
quarterly written detail expenditure report on the County's actual expenditures during the prior
calendar quarter that are consistent with the Service Plan.
5. Provider Contracts. Except as otherwise expressly provided in the Service Plan,
County may contract with a third person or entity (a "Provider") for delivery of a particular
Service or portion thereof (a "Provider Contract"). County may permit a Provider to subcontract
with a third person or entity for delivery of a particular Service or portion thereof and such
subcontractors shall also be considered Providers for purposes of this Agreement and the
subcontracts shall be considered Provider Contracts for purposes of this Agreement. County shall
not permit any person or entity to be a Provider unless the person or entity holds all licenses,
certificates, authorizations and other approvals required by applicable law to deliver the Service.
The Provider Contract must be in writing and contain all provisions of this Agreement necessary
for County to comply with its obligations under this Agreement and applicable to the Provider's
performance under the Provider Contract, including but not limited to, all provisions of this
Agreement that expressly require County to require Provider's compliance with respect thereto.
County shall maintain an originally executed copy of each Provider Contract at its office and
shall furnish a copy of any Provider Contract to OY A upon request.
6. Records Maintenance, Access and Confidentiality.
a. County shall maintain, and require all Providers to maintain, all fiscal records
relating to this Agreement and any Provider Contract, as applicable, in accordance with generally
accepted accounting principles. In addition, County shall maintain, and require all Providers to
maintain, any other records (including but not limited to statistical records) pertinent to this
Agreement in such a manner as to clearly document County's and each Provider's performance.
County acknowledges and agrees that OVA and the Oregon Secretary of State's Office and the
federal government and their duly authorized representatives shall have access to such fiscal and
statistical records and other books, documents, papers, plans and writings of County that are
pertinent to this Agreement to perform examinations, audits and program reviews and make
excerpts and transcripts. A copy of any audit or report will be made available to County. County
shall retain and keep accessible all such fiscal and statistical records, books, documents, papers,
plans, and writings for a minimum of six (6) years, or such longer period as may be required by
applicable law, following final payment and termination of this Agreement, or until the
conclusion of any audit, controversy or litigation arising out of or related to this Agreement,
whichever date is later.
b. Unless otherwise required by law, the use or disclosure by the County and its
employees and agents of any information concerning a recipient of Services, for any purpose not
directly connected with the administration of the County's responsibilities with respect to such
Services, is prohibited, except on written consent of the person or persons authorized by law to
consent to such use or disclosure. The County shall prohibit the use or disclosure by the County's
OVA Agreement #12659 -Deschutes County -JCP Basic and Diversion LH
Exhibit B Page 4 of 12
Providers and their employees and agents of any infonnation concerning a recipient of Services
provided under the applicable Provider Contracts, for any purpose not directly connected with the
administration of the County's or Provider's responsibilities with respect to such Services, except
on written consent of the person or persons authorized by law to consent to such use or
disclosure. All records and files shall be appropriately secured to prevent access by unauthorized
persons. The County shall, and shall require its Providers to, comply with all appropriate federal
and state laws, rules and regulations regarding confidentiality of Client records.
c. OY A shall include a provision in its contracts with contractors who utilize
infonnation related to the Services provided under this Agreement for research purposes,
providing that contractor and its subcontractors under that contract shall not release confidential
infonnation on individual youth for purposes unrelated to the administration of the contract or
required by applicable law, and a provision that contractor or its subcontractors under that
contract shall appropriately secure all records and files to prevent access by unauthorized persons.
d. County shall maintain and require all Providers to maintain a Client record for
each youth that receives a Service.
7. County Default. County shall be in default under this Agreement upon the occurrence
of any of the following events:
a. County fails to perfonn, observe or discharge any of its covenants, agreements or
obligations set forth herein, including but not limited to, County's failure to comply with the
Service Plan;
b. Any representation, warranty or statement made by County herein or in any
documents or reports made by County in connection herewith that are reasonably relied upon by
OY A to measure the delivery of Services, the expenditure of funds or the perfonnance by County
is untrue in any material respect when made;
c. County (i) applies for or consents to the appointment of, or taking of possession
by, a receiver, custodian, trustee, or liquidator of itself or all of its property, (ii) admits in writing
its inability, or is generally unable, to pay its debts as they become due, (iii) makes a general
assignment for the benefit of its creditors, (iv) is adjudicated a bankrupt or insolvent, (v)
commences a voluntary case under the Federal Bankruptcy Code (as now or hereafter in effect),
(vi) files a petition seeking to take advantage of any other law relating to bankruptcy, insolvency,
reorganization, winding-up, or composition or adjustment of debts, (vii) fails to controvert in a
timely and appropriate manner, or acquiesces in writing to, any petition filed against it in an
involuntary case under the Bankruptcy Code, or (viii) takes any action for the purpose of
effecting any of the foregoing; or
d. A proceeding or case is commenced, without the application or consent of
County, in any court of competent jurisdiction, seeking (i) the liquidation, dissolution or winding
up, or the composition or readjustment of debts, of County, (ii) the appointment of a trustee,
receiver, custodian, liquidator, or the like of County or of all or any substantial part of its assets,
or (iii) similar relief in respect to County under any law relating to bankruptcy, insolvency,
reorganization, winding-up, or composition or adjustment of debts, and such proceeding or case
continues undismissed, or an order, judgment, or decree approving or ordering any of the
foregoing is entered and continues unstayed and in effect for a period of sixty consecutive days,
or an order for relief against County is entered in an involuntary case under the federal
Bankruptcy Code (as now or hereafter in effect).
OY A Agreement #12659 -Deschutes County -JCP Basic and Diversion LH
Exhibit B -Page 5 of 12
8. OVA Default. OY A shall be in default under this Agreement upon the occurrence of any
of the following events:
a. OY A fails to perfonn, observe or discharge any of its covenants, agreements, or
obligations set forth herein: or
b. Any representation, warranty or statement made by OY A herein or in any
documents or reports made by OY A in connection herewith that are reasonably relied upon by
County to measure perfonnance by OY A is untrue in any material respect when made.
9. Termination.
a. County Termination. County may tenninate this Agreement in its entirety or
may terminate its obligation to provide services under this Agreement for Diversion Services or
Basic Services, individually:
(i) For its convenience, upon 90 days advance written notice to OY A
(li) Upon 30 days advance written notice to OY A, if OY A is in default under
this Agreement and such default remains uncured at the end of said 30 day period or such longer
period, if any, as County may specify in the notice.
(lii) Upon 45 days advance written notice to OY A, if County does not obtain
funding, appropriations and other expenditure authorizations from County's governing body,
federal, state or other sources sufficient to permit County to satisfy its perfonnance obligations
under this Agreement, as determined by County in the reasonable exercise of its administrative
discretion.
(iv) Immediately upon written notice to OY A, if Oregon statutes or federal
laws, regulations or guidelines are modified, changed or interpreted by the Oregon Legislative
Assembly, the federal government or a court in such a way that County no longer has the
authority to meet its obligations under this Agreement.
b. OVA Termination. OVA may terminate this Agreement in its entirety or may
terminate its obligation to provide funds under this Agreement for Diversion Services or Basic
Services, individually:
(i) Upon 90 days advance written notice to County, if OY A determines, in
its sole discretion, to end all or any portion of the funds to County under this Agreement.
(li) Upon 45 days advance written notice to County, if OY A does not obtain
funding, appropriations and other expenditure authorizations from federal, state or other sources
sufficient, in the exercise of OY A's reasonable administrative discretion, to meet the payment
obligations of OY A under this Agreement.
(ill) Immediately upon written notice to County if Oregon or federal laws,
regulations or guidelines are modified, changed or interpreted by the Oregon Legislative
Assembly, the federal government or a court in such a way that OY A does not have the authority
to meet its obligations under this Agreement or no longer has the authority to provide the funds
from the funding source it had planned to use.
OY A Agreement #12659 -Deschutes County -JCP Basic and Diversion LH
Exhibit B -Page 6 of 12
(iv) Upon 30 days advance written notice to County, if County is in default
under this Agreement and such default remains uncured at the end of said 30 day period or such
longer period, if any, as OY A may specify in the notice.
(v) hnmediately upon written notice to County, if any license or certificate
required by law or regulation to be held by County or a Provider to deliver a Service is for any
reason denied, revoked, suspended, not renewed or changed in such a way that County or a
Provider no longer meets requirements to deliver the Service. This termination right may only be
exercised with respect to the particular group of Services (Diversion or Basic) impacted by loss of
necessary licensure or certification.
(vi) Immediately upon written notice to County, if OY A determines that
County or any of its Providers have or may have endangered, or are or may be endangering the
health or safety of a Client or others.
10. Effect of Termination
a. Entire Agreement. Upon termination of this Agreement in its entirety, OVA
shall have no further obligation to pay funds to County under this Agreement, whether or not
OY A has paid to County all funds described in Exhibit E. Notwithstanding the foregoing, OY A
shall make payments to reimburse County for services provided prior to the effective date of
termination where such services are authorized pursuant to this Agreement and are not disputed
by OY A and where the invoice was submitted within 60 days of the termination of the
Agreement.
b. Individual Funding Source. Upon termination of OY A's obligation to provide
funding under this Agreement for Services in a particular area (Diversion or Basic), OVA shall
have no further obligation to payor disburse any funds to County under this Agreement for
Services in that area. Notwithstanding the foregoing, OY A shall make payments to reimburse
County for services provided prior to the effective date of termination where such services are
authorized pursuant to this Agreement and are not disputed by OY A.
c. Survival. Notwithstanding subsections (a) through (b) above, exercise of the
termination rights in Section 9 of this Exhibit B or expimtion of this Agreement in accordance
with its terms, shall not affect County's or OY A's obligations under this Agreement or OYA's or
County's right to enforce this Agreement against County or OY A in accordance with its terms,
with respect to funds actually received by County under this Agreement, or with respect to
Services actually delivered. Specifically, but without limiting the generality of the preceding
sentence, exercise of a termination right set forth in Section 9 of this Exhibit B or expiration of
this Agreement shall not affect either party's representations and warranties, reporting
obligations, record-keeping and access obligations, confidentiality obligations, contribution
obligations, indemnity obligations, governing law and consent to jurisdiction, assignments and
successors in interest, provider contmct obligations, provider insurance obligations, ownership of
intellectual property obligations, OY A's spending authority, the restrictions and limitations on
County's expenditure of funds actually received by County hereunder, or OY A's right to recover
from County, in accordance with the terms of this Agreement, any funds paid to County that are
identified by OY A as an overpayment. If a termination right set forth in Section 9 of this Exhibit
B is exercised, both parties shall make reasonable good faith efforts to minimize unnecessary
disruption or other problems associated with the termination.
OY A Agreement #12659 -Deschutes County -JCP Basic and Diversion LH
Exhibit B -Page 7 of 12
11. Unilateral Modification. If the Oregon Legislative Assembly, Legislative Emergency
Board or Oregon Department of Administrative Services increases or decreases the amount of
money appropriated or allotted for implementation of the Services under this Agreement, OYA
may, by written notice to County, unilaterally increase or decrease the amount of the funding in
this Agreement, in proportion to the increase or decrease in the appropriation or allotment,
provided that OYA increases or decreases, in the same proportion, the funds awarded to all other
counties under similar agreements. In such a circumstance, if requested by either party, the
parties shall execute an amendment to this Agreement reflecting an increase or decrease in the
funding implemented under this Section. Nothing in this Section shall limit or restrict OVA's
rights under this Agreement to suspend payment of funds or to terminate this Agreement (or
portion thereof as provided in Section 9 of this Exhibit B) as a result of a reduction in
appropriations or allotments. This Section 11 is not applicable to any funding change that
requires a different or new service to be provided. In response to a funding change pursuant to
this Section 11 of the Agreement, County shall submit a new Service Plan to OYA for approval in
a format and timeline prescribed by OYA. Such Service Plan shall be effective no sooner than the
effective date of the funding change.
12. Notice. Except as otherwise expressly provided in this Agreement, any communications
between the parties hereto or notices to be given hereunder shall be given in writing by personal
delivery, facsimile, electronic mail, or mailing the same, postage prepaid to County or OYA at
the address or number set forth below, or to such other addresses or numbers as either party may
indicate pursuant to this Section. Any communication or notice so addressed and mailed shall be
effective five (5) days after mailing. Any communication or notice delivered by facsimile shall
be effective on the day the transmitting machine generates a receipt of the successful
transmission, if transmission was during normal business hours of the recipient, or on the next
business day, if transmission was outside normal business hours of the recipient. Any
communication or notice delivered by electronic mail shall be effective on the day of notification
of delivery receipt, if delivery was during normal business hours of the recipient, or on the next
business day, if delivery was outside normal business hours of the recipient. Any communication
or notice given by personal delivery shall be effective when actually delivered.
ToOYA: Philip Cox
Oregon Youth Authority
530 Center St. NE, Suite 200
Salem, Oregon 97301-3765
Voice: 503-373-7531
Facsimile: 503-373-7921
E-mail: Philip.Cox@oya.state.or.us
To County: Ken Hales
Deschutes Community Justice
63360 Britta St., Bldg. I,
Bend, OR 97701
Voice: 541-317-3115
Facsimile: 541-383-0165
E-Mail: KenHa@deschutes.org
The supervising representatives of the parties for purposes of this Agreement are indicated above.
13. Severability. The parties agree that 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
OVA Agreement #12659 -Deschutes County -JCP Basic and Diversion LH
Exhibit B -Page 8 of 12
of the remaining tenns and provisions shall not be affected, and the rights and obligations of the
parties shall be construed and enforced as if the Agreement did not contain the particular term or
provision held to be invalid.
14. Counterparts. This Agreement may be executed in several counterparts, all of which
when taken together shall constitute one agreement binding on all parties, notwithstanding that all
parties are not signatories to the same counterpart. Each copy of this Agreement so executed
shall constitute an original.
15. Gi)veming Law, Consent to Jurisdiction. This Agreement shall be governed by and
construed in accordance with the laws of the State of Oregon without regard to principles of
conflicts oflaw. Any claim, action, suit or proceeding (collectively, "Claim") between Agency
(and/or any other agency or department of the State of Oregon) and County that arises from or
relates to this Agreement shall be brought and conducted solely and exclusively within a Circuit
Court in the State of Oregon; provided, however, if a Claim must be brought in a federal forum,
then it shall be brought and conducted solely and exclusively within the United States District
Court for the District of Oregon. In no event shall this Section be construed as a waiver by the
State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental
immunity, immunity based on the eleventh amendment to the Constitution of the United States or
otherwise, from any Claim or from the jurisdiction of any court. COUNTY, BY EXECUTION
OF THIS AGREEMENT, HEREBY CONSENTS TO THE IN PERSONAM JURISDICTION
OF SAID COURTS.
16. Compliance with Applicable Law. Both parties shall comply and County shall require
all Providers to comply with all federal, state and local laws, regulations, executive orders and
ordinances applicable to the Agreement or to the delivery of Services. Without limiting the
generality of the foregoing, the parties expressly agree to comply with the following laws,
regulations and executive orders to the extent they are applicable to the Agreement: (i) Titles VI
and VII of the Civil Rights Act of 1964, as amended; (ii) Sections 503 and 504 of the
Rehabilitation Act of 1973, as amended; (iii) the Americans with Disabilities Act of 1990, as
amended; (iv) Executive Order 11246, as amended; (v) the Health Insurance Portability and
Accountability Act of 1996; (vi) the Age Discrimination in Employment Act of 1967, as
amended, and the Age Discrimination Act of 1975, as amended; (vii) the Vietnam Era Veterans'
Readjustment Assistance Act of 1974, as amended; (viii) ORS Chapter 659, as amended; (ix) all
regulations and administrative rules established pursuant to the foregoing laws; (x) all state laws
requiring reporting of Client abuse; and (xi) all other applicable requirements of federal and state
civil rights and rehabilitation statutes, rules and regulations. These laws, regulations and
executive orders are incorporated by reference herein to the extent that they are applicable to the
Agreement and required by law to be so incorporated. All employers, including County and
OYA, 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. County shall require that all Providers comply with
these requirements and obtain any insurance required elsewhere in this Agreement.
17. Assignments, Successors in Interest.
a. County shall not assign, delegate, or transfer its interest in this Agreement
without prior written approval of OYA. Any such assignment or transfer, if approved, is subject
to such conditions and provisions as OYA may deem necessary. No approval by OY A of any
assignment or transfer of interest shall be deemed to create any obligation of OYA in addition to
those set forth in the Agreement.
OYA Agreement #12659 -Deschutes County -JCP Basic and Diversion LH
Exhibit B Page 9 of 12
b. The provisions of this Agreement shall be binding upon and shall inure to the
benefit of the parties hereto, and their respective successors and pennitted assigns.
18. No Third Party Beneficiaries. OY A and County are the only parties to this Agreement
and are the only parties entitled to enforce its terms. The parties agree that County's performance
under this Agreement is solely for the benefit of OY A to assist and enable OY A to accomplish its
statutory mission. Nothing in this Agreement gives, is intended to give, or shall be construed to
give or provide any benefit or right, whether directly, indirectly or otherwise, to third persons any
greater than the rights and benefits enjoyed by the general public unless such third persons are
individually identified by name herein and expressly described as intended beneficiaries of the
tenns of this Agreement.
19. Integration and Waiver. This Agreement, including all of its 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 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 remedies provided herein are cwnulative and not
exclusive of any remedies provided by law. No waiver or consent shall be effective unless in
writing and signed by the party against whom it is asserted.
20. Amendment. No amendment, modification or change of tenns of this Agreement shall
bind either party unless in writing and signed by all the parties except as provided in Section 11
of this Exhibit B and Sections 5.a and 7.d of Exhibit C, and in any event no amendment,
modification, or change of tenns shall be effective until all approvals required by law have been
obtained from the Department of Justice. Such amendment, modification or change, if made,
shall be effective only in the specific instance and for the specific purpose given.
21. Headings. The headings and captions to sections of this Agreement have been inserted
for identification and reference purposes only and shall not be used to construe the meaning or to
interpret this Agreement.
22. Construction. The prOVISIOns in this Agreement are the product of extensive
negotiations between the State of Oregon and representatives of county governments. The
provisions of this Agreement are to be interpreted and their legal effects determined as a whole.
An arbitrator or court interpreting this Agreement shall give a reasonable, lawful and effective
meaning to the Agreement to the extent possible, consistent with the public interest.
23. Contribution
a. If any third party makes any claim or brings any action, suit or proceeding
alleging a tort as now or hereafter defined in ORS 30.260 ("Third Party Claim") against a party
(the "Notified Party") with respect to which the other party ("Other Party") may have liability, the
Notified Party must promptly notify the Other Party in writing of the Third Party Claim and
deliver to the Other Party a copy of the claim, process, and all legal pleadings with respect to the
Third Party Claim. Either party is entitled to participate in the defense of a Third Party Claim, and
to defend a Third Party Claim with counsel of its own choosing. Receipt by the Other Party of the
notice and copies required in this paragraph and meaningful opportunity for the Other Party to
participate in the investigation, defense and settlement of the Third Party Claim with counsel of
its own choosing are conditions precedent to the Other Party's liability with respect to the Third
Party Claim.
OVA Agreement #12659 -Deschutes County -JCP Basic and Diversion LH
Exhibit B -Page 10 of 12
b. With respect to a Third Party Claim for which the State is jointly liable with the
County (or would be if joined in the Third Party Claim ), the State shall contribute to the amount
of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually
and reasonably incurred and paid or payable by the County in such proportion as is appropriate to
reflect the relative fault of the State on the one hand and of the County on the other hand in
connection with the events which resulted in such expenses, judgments, fines or settlement
amounts, as well as any other relevant equitable considerations. The relative fault of the State on
the one hand and of the County on the other hand shall be determined by reference to, among
other things, the parties' relative intent, knowledge, access to information and opportunity to
correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement
amounts. The State's contribution amount in any instance is capped to the same extent it would
have been capped under Oregon law if the State had sole liability in the proceeding.
c. With respect to a Third Party Claim for which the County is jointly liable with
the State (or would be if joined in the Third Party Claim), the County shall contribute to the
amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement
actually and reasonably incurred and paid or payable by the State in such proportion as is
appropriate to reflect the relative fault of the County on the one hand and of the State on the other
hand in connection with the events which resulted in such expenses, judgments, fines or
settlement amounts, as well as any other relevant equitable considerations. The relative fault of
the County on the one hand and of the State on the other hand shall be determined by reference
to, among other things, the parties' relative intent, knowledge, access to information and
opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines
or settlement amounts. The County's contribution amount in any instance is capped to the same
extent it would have been capped under Oregon law if it had sole liability in the proceeding.
24. Limitation of Liabilities. EXCEPT FOR LIABILITY OF DAMAGES ARISING OUT
OF OR RELATED TO SECTION 23 OF THIS EXHIBIT, NEITHER PARTY SHALL BE
LIABLE TO THE OTHER FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF OR RELATED TO THIS AGREEMENT. NEITHER PARTY SHALL BE
LIABLE FOR ANY DAMAGES OF ANY SORT ARISING SOLELY FROM THE
TERMINATION OF THIS AGREEMENT OR ANY PART HEREOF IN ACCORDANCE
WITH ITS TERMS.
25. Ownership of Intellectual Property.
a. Except as otherwise expressly provided herein, or as otherwise provided by state
or federal law, OVA will not own the right, title and interest in any intellectual property created
or delivered by County or a Provider in connection with the Services. With respect to that portion
of the intellectual property that the County owns, County grants to OY A a perpetual, worldwide,
non-exclusive, royalty-free and irrevocable license, subject to any provisions in the Agreement
that restrict or prohibit dissemination or disclosure of information, to (i) use, reproduce, prepare
derivative works based upon, distribute copies of, perform and display the intellectual property,
(ii) authorize third parties to exercise the rights set forth in Section 25.a(i) on OY A's behalf, and
(iii) sublicense to third parties the rights set forth in Section 25a(i).
b. If state or federal law requires that OYA or County grant to the United States a
license to any intellectual property or if state or federal law requires that OY A or the United
States own the intellectual property, then County shall execute such further documents and
instruments as OY A may reasonably request in order to make any such grant or to assign
ownership in the intellectual property to the United States or OY A. To the extent that OY A
OY A Agreement #12659 -Deschutes County -JCP Basic and Diversion LH
Exhibit B Page 11 of 12
becomes the owner of any intellectual property created or delivered by County in connection with
the Services, OY A will grant a perpetual, worldwide, non-exclusive, royalty-free and irrevocable
license, subject to any provisions in the Agreement that restrict or prohibit dissemination or
disclosure of information, to County to use, copy, distribute, display, build upon and improve the
intellectual property.
t. County shall include in its Provider Contracts terms and conditions necessary to
require that Providers execute such further documents and instruments as OY A may reasonably
request in order to make any grant of license or assignment of ownership that may be required by
federal or state law.
26. Forte Majeure. Neither OY A nor County shall be held responsible for delay or default
caused by fire, civil unrest, labor unrest, natural causes or war which is beyond the reasonable
control of OY A or County, respectively. Each party shall, however, make all reasonable efforts
to remove or eliminate such cause of delay or default and shall, upon the cessation of the cause,
diligently pursue performance of its obligations under this Agreement.
27. HIPAA Compliante. To the extent applicable, County shall deliver Services in
compliance with the Health Insurance Portability and Accountability Act and the federal
regulations implementing the Act (collectively referred to as HIP AA). County shall comply and
require all Providers to comply with the following:
a. Privacy and Security Of Individually Identifiable Health Information.
Individually Identifiable Health Information about specific individuals is confidential.
Individually Identifiable Health Information relating to specific individuals may be exchanged
between County and OY A for purposes directly related to the provision of Services. However,
County shall not use or disclose any Individually Identifiable Health Information about specific
individuals in a manner that would violate any applicable privacy rules.
b. Consultation and Testing. If County reasonably believes that County's delivery of
Services under this Agreement may result in a violation of HIP AA requirements, County shall
promptly consult with OY A.
28. Criminal History Checks. The County shall ensure that any person having direct
contact with OY A youth offenders under this Agreement has passed a criminal history check and
meets the OY A's criminal history records check standards as set forth in OAR 416-800-0000 to
416-800-0095 before the person provides unsupervised services under this Agreement.
Any person that has not yet passed a criminal history check must be supervised by a person who
has passed such a test and does meet such standards when having direct contact with OY A youth
offenders under this Agreement.
29. Alternative Dispute Resolution. The parties should attempt in good faith to resolve any
dispute arising out of this Agreement. This may be done at any management level, including at a
level higher than persons directly responsible for administration of the agreement. In addition,
the parties may agree to utilize a jointly selected mediator or arbitrator (for non-binding
arbitration) to resolve the dispute short of litigation.
OY A Agreement #12659 -Deschutes County -JCP Basic and Diversion LH
Exhibit B -Page 12 of 12
JUVENILE CRIME PREVENTION BASIC SERVICES AND DIVERSION SERVICES
fflTERGOVERNMENTALAGREEMENT
EXHIBITC
PROGRAM REQUIREMENTS
1. Outcomes. County shall develop and implement its Service Plan for Juvenile Crime
Prevention Basic Services and Diversion Services with the goal of achieving the following high
level outcomes:
a. Reduction ofjuvenile recidivism.
b. Reduction (or maintenance) in the use of beds in OVA's Close Custody Facilities
by youth from County at a level at or below the Discretionary Bed Allocation.
2. Management of Discretionary Bed Allocation.
a. County shall use its best efforts to implement the Service Plan in such a manner
that the number of youth from County residing in beds at OVA's Close Custody Facilities does
not exceed, at any time during the term of this Agreement, the Discretionary Bed Allocation. The
Discretionary Bed Allocation formula allows for the Discretionary Bed Allocation to change
based upon the availability of discretionary beds at OVA's Close Custody Facilities. With the
prior written approval of OY A, County may join a regional group of counties for purposes of
managing its Discretionary Bed Allocation. If County joins such a group, County shall be
deemed to have exceeded its Discretionary Bed Allocation under this Agreement only if the total
number of youth, from all counties in the group, residing in beds at OVA's Close Custody
Facilities exceeds the sum of the Discretionary Bed Allocation for each of the counties in the
group.
b. If County exceeds its Discretionary Bed Allocation for ninety (90) or. more
consecutive days, OY A may, in its sole discretion, withhold all or a portion of the funds for
Diversion Services until the County reduces its utilization to a level at or below the Discretionary
Bed Allocation. County shall work with OY A through the Local Co-Management Agreement to
meet the Discretionary Bed Allocation.
3. JCP Basic Services Target Population and Funded Services. County shall target its
Basic Services to the Target Population for Basic Services.
ft. JCP Basic Services Target Population are youths 10 to 17 years of age who have
been referred to a County Juvenile Department and have more than one of the following risk
factors:
(i) Antisocial behavior.
(ll) Poor family functioning or poor family support.
(iii) Failure in school.
(iv) Substance abuse problems.
(v) Negative peer associations.
b. JCP Basic Services funds provide primary County Juvenile Department services
and sanctions that prevent the highest risk local youth offenders from re-offending in the
community, including but not limited to, detention, shelter, treatment services, graduated
sanctions, and aftercare.
OY A Agreement #12659 -Deschutes County -JCP Basic and Diversion LH
Exhibit C Page 1 of 5
4. Diversion Services Target Population and Funded Services. County shall target its
Diversion Services to the Target Population for Diversion Services.
a. Diversion Target Population are youths 12 to 18 years of age who have been
adjudicated for a Class A Misdemeanor or more serious act of delinquency and who have been
identified to be at risk of commitment to OY A Close Custody Facility.
b. Diversion funds provide specialized services that prevent the highest risk local
youth offenders from being committed to OY A Close Custody Facilities. The services may
include, but not be limited to, the following:
(i) Detention and shelter services to the extent that they divert the target
popUlation from commitment to OY A Close Custody.
(il) Youth-specific treatment, including substance abuse treatment, sex
offender treatment, family-based treatment services, gang intervention services, mental health
treatment, and other services.
s. Service Plan
a. Service Plan Submission. County shall submit a written JCP Basic Services and
Diversion Services Plan in a fonnat and within the timeline prescribed by OYA. County and
OY A shall work in good faith to modify the draft Service Plan so that it is acceptable to both
parties and approved by OYA. Upon agreement, County shall implement Services according to
the agreed-upon Service Plan. The Service Plan on file with OYA on the effective date of this
Agreement is the Service Plan for the 2011-2013 biennium. Until the Service Plan for the 2013
2015 biennium has been approved by the OVA and is on file with the OY A, the Service Plan for
the 2011-2013 shall remain in effect and County shall continue to provide Services under that
Plan; once the Service Plan for the 2013-2015 biennium has been approved by OVA and is on file
with OY A, it shall replace the Service Plan for the 2011-2013 biennium and be incorporated into
and be a part of this Agreement in accordance with Section 2 of this Agreement, without any
further action on the part of the parties.
(i) The Service Plan shall include a budgeted amount for each service which will
be the basis for the quarterly invoicing on OVA's prescribed fonnat for Expenditure
ReportinglRequest For Payment as described in Exhibit B, Section 4.
(il) All funded services under the Service Plan must focus on supporting the high
level outcomes in Section I of this Exhibit C.
b. Service Plan Implementation. County shall implement, or thrOlllgh Providers
shall require to be implemented, the JCP Basic Services and Diversion Services portions of the
Service Plan as developed in 5.a. of this Section.
c. Evidence-Based Services and Programs. County shall work with OY A to
develop a process to ensure that programs and services funded under this Agreement are
appropriate and workable and meet the guidelines of evidence-based programs and cost
effectiveness. County shall work with OVA to develop a reporting process on County's evidence
based programs and services funded under this Agreement. County shall submit to OY A such
reports on County's evidence-based programs and services funded under this Agreement at such
frequency as may be requested by OY A.
OVA Agreement #12659 -Deschutes County -JCP Basic and Diversion LH
Exhibit C -Page 2 of 5
6. Cultural Competency. County shall deliver all Services and require all Providers to
deliver Services in a culturally competent and gender appropriate manner.
7. Amendment to Service Plan
All amendments to the Service Plan shall be in a format prescribed by OY A. County must obtain
OY A approval for any amendment that makes any significant change in the Service Plan. A
significant change in the Service Plan includes but is not limited to any funding change in the
categories of services outlined in the Service Plan. For the purposes of this Section 7, JCP Basic
Services and Diversion Services are deemed separate funding sources. County shall follow the
following requirements if it desires to change the Service Plan:
a. The Service Plan budget may be amended to change allocations between JCP
Basic Services and Diversion Services or categories of services within a funding source while
staying within the not-to-exceed Grand Total listed in Exhibit E.
h. County shall submit to OVA for review and approval any change(s) to the
Service Plan budget aggregating 10% or greater of the total original budget for either of the
funding sources listed in Exhibit E, counting the requested change and all previous changes to the
Service Plan budget. Any such change(s) will not be effective without OVA's prior written
approval.
c. County shall submit written notification to OVA for any change(s) to the Service
Plan budget aggregating less than 10% of the total original budget for either of the funding
sources listed in Exhibit E, counting the requested change and all previous changes to the Service
Plan budget. This notification shall contain the substance of the change(s) and will be reviewed
byOYA.
d. All changes to the Service Plan budget which comply with Sections 7.a and 7.b,
or that comply with Sections 7.a and 7.c, shall be on file with OYA and shall become a part of the
Service Plan and this Agreement from the effective date of the budget amendment without the
necessity of executing a formal amendment to this Agreement. For purposes of this Section, the
effective date of a Service Plan budget amendment is the date the Service Plan budget
amendment is approved or notification is received by OY A, as applicable.
8. Grievance System. During the term of this Agreement, County shall establish and
operate a system through which youths receiving Services, and the youths' parents or guardians,
may present grievances about the delivery of the Services. At the time arrangements are made for
delivery of Services to a particular youth, County shall advise the youth and the parents or
guardian of the youth of the existence of this grievance system. County shall notifY OY A of all
unresolved grievances.
9. Reporting and Documentation
a. During the term of this Agreement, County shall provide OY A with the
necessary service information to track treatment and accountability services in JJIS, or by service
extracts, for progress in achieving the high level outcomes. This information provision
requirement also applies to providing information on funded services not tracked in JJIS.
h. In addition to the other reporting requirement of this Agreement, during the term
of this Agreement, the County shall ensure that all OVA required data fields are entered into JJIS.
OY A Agreement #12659 -Deschutes County -JCP Basic and Diversion LH
Exhibit C Page 3 of 5
c. If the County fails to meet any of the reporting requirements, OY A may conduct
a performance review of the County's efforts under the Service Plan in order to identifY ways in
which the Service Plan may be improved. If, upon review, OVA determines that there are
reasonable grounds to believe that County is not in substantial compliance with the Service Plan
or this Agreement, OY A may notifY the County regarding the alleged noncompliance and offer
technical assistance, which may include peer review or other assistance, to reach such
compliance. Nothing in this Section shall be construed to limit or restrict any OY A right arising
out of County's default, as described in Exhibit B.
10. Youth Specific Reporting and Required Documentation
a. For all youth from County committed to OY A for community placement or
placement in a Close Custody Facility during the term of this Agreement, the County must
provide the following to OY A at the time of commitment:
(i) A reformation plan or case plan that has been approved by OY A.
County shall ensure that the reformation plan or case plan accompanies the youth from the
County at the time of commitment to OY A for community placement or placement in a Close
Custody Facility.
(il) Risk data derived from either a JCP Risk Screen tool or the OVA
RisklNeeds Assessment tool.
(iii) Documentation of any mental health treatment;
(iv) Past and current prescribed psychotropic medication history;
(v) Past and existing suicidal ideation and behaviors;
(vi) All other information known to the County of behaviors that may be a
risk of harm to youth offender or others;
(vii) Documentation of any medical information or developmental disability
that might affect youth offender's ability to participate in activities or treatment.
b. County shall enter all youth specific service data in JJIS that is required for
tracking services under this Agreement.
11. Other Agreement Requirements.
a. At a minimum, the County shall ensure the following processes are available to
support the Service Plan:
(i) Disposition of parole violations;
(il) Community Programs;
(iii) Plan for providing detention back-up and back up to Community
Programs;
(iv) A process for making Close Custody Facility placement and parole
decisions in accordance with the Service Plan, specifically the Diversion Services portion of the
Service Plan;
(v) Programs and services used by the County to stay within its
Discretionary Bed Allocation.
(vi) Revocation Hearings in the community prior to returning a youth to a
bed at an OY A Close Custody Facility. County shall provide the hearing report to the Close
Custody Facility in which the youth resides within 72 hours after the youth's arrival at the Close
OY A Agreement #12659 -Deschutes County JCP Basic and Diversion LH
Exhibit C -Page 4 of 5
Custody Facility. County shall ensure that the hearings are conducted in accordance with OAR
416-300-0000 et seq. and other applicable state and federal law.
OY A Agreement #12659 -Deschutes County -JCP Basic and Diversion LH
Exhibit C -Page 5 of 5
JUVENILE CRIME PREVENTION BASIC SERVICES AND DIVERSION SERVICES
INTERGOVERNMENTAL AGREEMENT
EXHIBITD
PROVIDER REQUIREMENTS
1. Indemnification by Providers
County shall take all reasonable steps to cause its Provider(s) that are not units of local
government as defined in ORS 190.003, if any, to indemnify, defend, save and hold hannless the
State of Oregon and its officers, employees and agents ("Indemnitee") from and against any and
all claims, actions, liabilities, damages, losses, or expenses (including attorneys' fees) arising
from a tort (as now or hereafter defined in ORS 30.260) caused, or alleged to be caused, in whole
or in part, by the negligent or willful acts or omissions of County's Provider or any of the
officers, agents, employees or subcontractors of the Provider( "Claims"). It is the specific
intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely
from the negligent or willful acts or omissions of the Indemnitee, be indemnified by the Provider
from and against any and all Claims.
2. Provider Insurance Requirements
A. GENERAL.
County shall require its first tier Provider(s) that are not units of local government as
defined in ORS 190.003, if any, to: i) obtain insurance specified under TYPES AND
AMOUNTS and meeting the requirements under ADDITIONAL INSURED, "TAIL"
COVERAGE, NOTICE OF CANCELLATION OR CHANGE, and CERTIFICATES OF
INSURANCE before the Providers perform under contracts between County and the
Providers (the "Provider Contracts"), and ii) maintain the insurance in full force
throughout the duration of the Provider Contracts. The insurance must be provided by
insurance companies or entities that are authorized to transact the business of insurance
and issue coverage in the State of Oregon and that are acceptable to Agency. County
shall not authorize Providers to begin work under the Provider Contracts until the
insurance is in full force. Thereafter, County shall monitor continued compliance with
the insurance requirements on an annual or more frequent basis. County shall incorporate
appropriate provisions in the Provider Contracts permitting it to enforce Provider
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 Provider
Contracts as permitted by the Provider Contracts, or pursuing legal action to enforce the
insurance requirements. In no event shall County permit a Provider to work under a
Provider Contract when the County is aware that the Provider is not in compliance with
the insurance requirements. As used in this section, a "first tier" Provider is a contractor
with which the county directly enters into a contract. It does not include a subcontractor
with which the Provider enters into a contract.
OVA Agreement #12659 -Deschutes County -JCP Basic and Diversion LH
Exhibit D -Page 1 of4
B. TYPES AND AMOUNTS.
i. WORKERS COMPENSATION. Insurance in compliance with ORS 656.017, which
requires all employers that employ subject workers, as defined in ORS 656.027, to
provide workers' compensation coverage for those workers, unless they meet the
requirement for an exemption under ORS 656.126(2). Employers Liability insurance
with coverage limits of not less than $500,000 must be included.
ii. PROFESSIONAL LIABILITY
o Required by Agency D Not required by Agency.
Professional Liability Insurance covering any damages caused by an error, omission
or negligent act related to the services to be provided under the Provider Contract,
with limits not less than the following, as determined by the Agency:
$4,000,000 [for contracts ending on or before July 1,2013. For contracts ending
after that date, Agency to contact DAS Risk Management for the appropriate amount]
per occurrence (for all claimants for claims arising out of a single accident or
occurrence).
OR
o The amount per occurrence (for all claimants for claims arising out of a single
accident or occurrence) according to the type of service for which County is
subcontracting and at the amount shown on the published OYA Insurance
Requirements for Contractors. The Insurance Requirements document is available
at http://www.oregon.gov/OYAIcontracts.shtrnl.
iii. COMMERCIAL GENERAL LIABILITY.
o Required by Agency D Not required by Agency.
Commercial General Liability Insurance covering bodily injury, death, and property
damage in a form and with coverages that are satisfactory to the Agency. This
insurance shall include personal injury liability, products and completed operations.
Coverage shall be written on an occurrence form basis, with not less than the
following amounts as determined by the Agency:
Bodily Injury, Death and Property Damage:
D $4,000,000 [for contracts ending on or before July 1,2013. For contracts ending
after that date, Agency to contact DAS Risk Management for the appropriate amount]
OVA Agreement #12659 -Deschutes County lCP Basic and Diversion LH
Exhibit D Page 2 of 4
per occurrence (for all claimants for claims arising out of a single accident or
occurrence).
OR
[gI The amount per occurrence (for all claimants for claims arising out of a single
accident or occurrence) according to the type of service for which County is
subcontracting and at the amount shown on the published OY A Insurance
Requirements for Contractors. The Insurance Requirements document is available
at http://www.oregon.gov/OYAlcontracts.shtml.
iv. AUTOMOBILE LIABILITY INSURANCE.
[gI Required by Agency 0 Not required by Agency.
Automobile Liability Insurance covering all owned, non-owned and hired vehicles.
This coverage may be written in combination with the Commercial General Liability
Insurance (with separate limits for "Commercial General Liability" and "Automobile
Liability"). Automobile Liability Insurance must be in not less than the following
amounts as determined by the Agency:
Bodily Injury, Death and Property Damage:
0$4,000,000 [for contracts ending on or before July 1,2013. For contracts ending
after that date, Agency to contact DAS Risk Management for the appropriate amount]
per occurrence (for all claimants for claims arising out of a single accident or
occurrence).
OR
[gI The amount per occurrence (for all claimants for claims arising out of a single
accident or occurrence) according to the type of service for which County is
subcontracting and at the amount shown on the published OY A Insurance
Requirements for Contractors. The Insurance Requirements document is available
at http://www.oregon.gov/OYAlcontracts.shtml.
C. ADDITIONAL INSURED. If the total amount payable under the Provider Contract is
greater than $15,000.00, the Commercial General Liability insurance and Automobile
Liability insurance must include the State of Oregon, its officers, employees and agents
as Additional Insureds but only with respect to the Provider's activities to be performed
under the Provider Contract. Coverage must be primary and non-contributory with any
other insurance and self-insurance.
OY A Agreement #12659 -Deschutes County -JCP Basic and Diversion LH
Exhibit D -Page 3 of 4
D. "TAIL" COVERAGE. If any of the required insurance policies is on a "claims made"
basis, such as professional liability insurance, the Provider 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 Provider
Contract, for a minimum of 24 months following the later of : (i) the Provider's
completion and County's acceptance of all Services required under the Provider Contract
or, (ii) the expiration of all warranty periods provided under the Provider Contract.
Notwithstanding the foregoing 24-month requirement, if the Provider elects to maintain
"tail" coverage and if the maximum time period "tail" coverage reasonably available in the
marketplace is less than the 24-month period described above, then the Provider may request
and Agency may grant approval of the maximum "tail" coverage period reasonably
available in the marketplace. If Agency approval is granted, the Provider shall maintain
"tail" coverage for the maximum time period that "tail" coverage is reasonably available in
the marketplace.
E. NOTICE OF CANCELLATION OR CHANGE. The Provider or its insurer must provide
30 days' written notice to County before cancellation of, material change to, potential
exhaustion of aggregate limits of, or non-renewal of the required insurance coverage(s).
F. CERTIFICATE(S) OF INSURANCE. County shall obtain from the Provider a
certificate(s) of insurance for all required insurance before the Provider performs under
the Provider Contract. The certificate(s) or an attached endorsement must specify: i) all
entities and individuals who are endorsed on the policy as Additional Insured and ii) for
insurance on a "claims made" basis, the extended reporting period applicable to "tail" or
continuous "claims made" coverage.
OYA Agreement #12659 -Deschutes County -JCP Basic and Diversion LH
Exhibit D -Page 4 of 4
JUVENILE CRIME PREVENTION BASIC SERVICES AND DIVERSION SERVICES
INTERGOVERNMENTAL AGREEMENT
EXHIBITE
FUNDING
SERVICE TOTAL
DIVERSION $340,266.00
JCPBASIC $400,913.00
GRAND TOTAL $741,179.00
The amounts indicated as the Grand Total above represents the maximum
amount that OY A may pay to County under this Agreement. This amount is not
a finn, fixed amount unconditionally guaranteed to be provided to County, but is
a not-to-exceed amount expected to be available for allowable payments to
County for perfonning the Services set forth in the Service Plan and other
provisions of this Agreement. The specific amounts allocated for Diversion
Services and JCP Basic Services above are not finn, fixed amounts, but are
subject to change as provided in Sections II and 20 of Exhibit B and Section 7 of
Exhibit C. Changes to the amounts allocated for Diversion Services and JCP
Basic Services made pursuant to Section 7 of Exhibit C shall not alter the not-to
exceed amount of the Grand Total listed above.
OYA Agreement #12659 -Deschutes County -JCP Basic and Diversion LH
Exhibit E -Page 1 of 1
Oregon Youth Authority
Budget and Contracts Office
530 Center Street NE, Suite 200
Salem, OR 97301-3765
regan
John A. Kitzhaber, MD, Governor Voice: 503-373-7371
Fax: 503-373-7921
www.oregon .gov/OYA
August 1,2013
Tammy Baney, Chair
Deschutes County Board of Commissioners
1300 NW Wall Street, 2 nd Floor
Bend, OR 9770 I
RE: !Jnilateral ModificatiQ!l.of .rn:venil~_Crill!~ Prevention Basic Services and Diversion
Intergovernmental Agreement (Agreement Number: 12659a)
Purpose: Funding Reduction
Dear Commissioner Baney:
This letter serves as notice that the Oregon Youth Authority is modifying funding to Deschutes County
under the referenced intergovernmental agreement.
Exhibit B, Section 11 of the above captioned agreement between the State of Oregon acting by and
through its Oregon Youth Authority ("OY A") and Deschutes County ("County") dated July 1,2013 (as
amended from time to time the "Agreement") states, in relevant part, that "If the Oregon Legislative
Assembly, Legislative Emergency Board or Oregon Department of Administrative Services increases or
decreases the amount of money appropriated or allotted for implementation of the Services under this
Agreement, OYA may, by written notice to County, unilaterally increase or decrease the amount of the
funding in this Agreement, in proportion to the increase or decrease in the appropriation or allotment,
provided that OY A increases or decreases, in the same proportion, the funds awarded to all other counties
under similar agreements."
The OY A is hereby notifying the County that the Agreement is modified by replacing the current Exhibit
E of the Agreement with the attached new Exhibit E. Except as so modified, all other terms and
cond itions of the Agreement rema in in fu II force and effect.
Sincerely,
cc: Ken Hales, Community Justice Director
Enclosure