HomeMy WebLinkAboutDoc 578 - IGA - OR Corrections SvcsDeschutes 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 September 14,2011
Please see directions for completing this document on the next page.
DATE: August 31, 2011
FROM: J. Kenneth Hales Commuity Justice Department Phone #317-3115
TITLE OF AGENDA ITEM:
Consideration of Document No. 2011-578 an Intergovernmental Agreement with Oregon Department
of Corrections for community corrections services in Deschutes County
PUBLIC HEARING ON THIS DATE? NO
BACKGROUND AND POLICY IMPLICATIONS:
As prescribed in ORS 423.475 through ORS 423.475 Deschutes County shall supervise adult felony
offenders in the community on probation, parole and post prison supervision and the State of Oregon
through the Oregon Department of Corrections shall make grant payments to Deschutes County for
community corrections services. This agreement specifies the community corrections services to be
provided by Deschutes County and the grant funds to be received from the Oregon Department of
Corrections.
FISCAL IMPLICATIONS:
This intergovernmantal agreement makes Deschutes County eligible to receive $4,228,547 in State
grant funds. These funds are accounted for in the County's current year's budget.
RECOMMENDATION & ACTION REQUESTED:
I request the Board approve the agreement and authorize the Chair to sign.
ATTENDANCE: J. Kenneth Hales, Community Justice Department Director
DISTRIBUTION OF DOCUMENTS:
Please provide originals to Deborah Feffer, Programs Supervisor Adult Parole and Probation Division
Deschutes County Community Justice Department.
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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 will 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: \August 31,20111 Department: [Community Justi~
Contractor/Supplier/Consultant Name: ~
Contractor Contact: ~ Contractor Phone #: ~
Type of Document: Intergovernment Agreement with the Oregon Department of
Corrections
Goods and/or Services: NA
Background &History: As prescribed in ORS 423.475 through ORS 423.475
Deschutes County shall supervise adult felony offenders in the community on probation,
parole and post prison supervision and the State of Oregon through the Oregon
Department of Corrections shall make grant payments to Deschutes County for
community corrections services. This agreement specifies the community corrections
services to be provided by Deschutes County and the grant funds to be received from
the Oregon Department of Corrections.
This agreement is fundamentally unchanged from prior agreements except that it is for
a one year period rather than a two year biennium.
Agreement Starting Date: !July 1,2011\ Ending Date: Rune 30.1Qj]
Annual Value or Total Payment: i$4,228,-s47j
o Insurance Certificate Receiied (C~eCk box)
Insurance Expiration Date:
Check all that apply: o RFP, Solicitation or Bid Process o Informal quotes «$150K)o Exempt from RFP. Solicitation or Bid Process (specify -see DCC §2.37)
Funding Source: (Included in current budget? r2:.;] Yes o No
If No, has budget amendment been submitted? 0 Yes No
Is this a Grant Agreement providing revenue to the County? r2:.;] Yes 0 No
8/31/2011
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Special conditions attached to this grant: None
Deadlines for reporting to the grantor: No deadline is specified. However the second
quarterly payment of grant funds to Deschutes County will be withheld until this
agreement is effected.
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: DYes D No
Contact information for the person responsible for grant compliance:
Name: Melanie Moothart, Contracts Officer Oregon Department of Corrections
Phone #: 1503-378-58831
Departmental Contact and Title: Tanner Wark, Adult Parole and Probation Division
Administrator, Deschutes County Community Justice Department
Phone #: 541-330-8260
1'!/-1/Department Director Approval: ..."....F---"'I~'1--=--~---i6oo".....,.,.:;""""-""""'--
Date
Distribution of Document: Pr v (je original documents to Deborah Feffer, Program
Supervisor Adult Parole and Probation Division, Deschutes County Department of
Community Justice
Official Review:
County Signature Required (check one): 0 SOCC 0 Department Director (if <$25K)
o Administrator (if >$25K but <$150K; if >$150K, SOCC Order No. _____)
Legal Review Date
Document Number 2011-578
8/3112011
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REVIEVv"EC"-j
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INTERGOVERNMENTAL AGREEMENT #4539
BETWEEN THE STATE OF OREGON AND DESCHUTES COUNTY
This Agreement is between the State of Oregon acting by and through its Department of
Corrections, hereafter called DEPARTMENT, and Deschutes County, hereafter called COUNTY.
Whereas, DEPARTMENT is an agency of the State of Oregon and COUNTY is a unit of
local government of the State of Oregon and both parties desire to cooperate by agreement
to provide correctional services in COUNTY within the requirements as authorized by ORS
423.475 to 423.565;
Whereas, the Legislative Assembly of Oregon enacted legislation establishing shared
responsibility between county corrections programs and the Department on a continuing
basis (ORS 423.475 to 423.565);
Whereas, ORS 144.106 provides "the supervisory authority shall use a continuum of
administrative sanctions for violations of post-prison supervision";
Whereas, ORS 144.334 provides that the Board of Parole and Post-Prison SuperviSion may
authorize issuance of citations by supervising officers;
Whereas, ORS 144.343 provides that the Board of Parole and Post-Prison Supervision may
delegate the authority to impose sanctions as provided in ORS 144.106 and to continue a
violator on parole or post-prison supervision with the same or modified conditions;
Whereas, ORS 423.478(2)(a) -(f) assigns responsibility for all offenders on probation,
parole, post-prison supervision and those offenders sentenced or revoked for periods of one
year or less, and on conditional release to COUNTY;
Whereas, ORS 137.545 and 137.595 provide that courts may delegate the authority to
parole/probation officers to impose sanctions for probationers through a system of
Structured Sanctions; and
Whereas, ORS 423.555 requires DEPARTMENT, with cooperation from COUNTY, to
establish and operate a Statewide Evaluation and Information System and to monitor
effectiveness of corrections services provided to criminal offenders under ORS 423.500 to
423.560.
Now, therefore, THE PARTIES HERETO, in consideration of the mutual promises, terms and
conditions hereinafter provided, agree to the following:
I. DEFINrnONS
A. Amendment: Any change to this Agreement that alters the terms and conditions of
the Agreement, shall be effective only after all parties have signed and all approvals
have been obtained. Plan Modifications are NOT Amendments.
B. Budget Summary: The part of the County Corrections Plan that reflects the amount
of County Corrections Grant funds granted by DEPARTMENT to COUNTY to
implement the programs in the Plan. The Budget Summary is attached to this
Agreement as Exhibit A.
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C. Community Corrections Manager: Individual designated by COUNTY pursuant to
ORS 423.525 as responsible for administration of the community corrections
programs as set forth by the Plan.
D. County Corrections: All County agencies and officials who carry out the
responsibilities in ORS 423.478(2)(a)-(f).
E. County Corrections Plan (Plan): A document developed by the Local Public Safety
Coordinating Council and adopted by COUNTY's governing body pursuant to ORS
423.525 and 423.535 and received by DEPARTMENT's director or designee.
F. County Corrections Plan Modification: A written change or alteration to the County
Corrections Plan promulgated by COUNTY modifying the Plan subject to ORS
423.525, effective upon the date the written change or alteration has been submitted
to the DEPARTMENT representative under this Agreement.
G. County Corrections Grant: Grant(s) made by DEPARTMENT to assist COUNTY in
the implementation and operation of county corrections programs including, but not
limited to, preventive or diversionary correctional programs, probation, parole, post
prison supervision work release and local correctional facilities and programs for
offenders.
H. Sanctions or Structured Sanctions: A response to offender violations of conditions
of supervision that uses custody units.
I. Statewide Evaluation and Information System: The Corrections Information Systems
(CIS) including the Offender Profile System (OPS), the Integrated Supervision
Information System (ISIS), Case Management for Institutions (CMI), Interstate
Compact Offender Tracking System (lCOTS), and related case management
modules.
J. Supervisory Authority: The local corrections official or officials designated in each
COUNTY by that COUNTY's Board of County Commissioners or county court to
operate corrections supervision services, custodial facilities or both.
II. AUTHORITY AND DURATION
A. Authority
This Agreement is entered into pursuant to the provisions of ORS 423.520.
B. Duration
This Agreement will become effective on July 1, 2011 or the date on which both
parties have executed, whichever is later, and will remain in effect until June 30,
2012 or until terminated according to Section X (Termination) and in no event longer
than one (1) year from the date of execution.
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III. PLAN; PLAN MODIFICATIONS
A. Community Corrections Plan: COUNTY will create a community corrections plan
meeting the requirements of ORS 423.525 outlining the basic structure of
supervision, services, and local sanctions to be applied to offenders convicted of
felonies and on supervision in the county. The plan consists of program descriptions
and budget allocations and is included as part of this agreement. The plan must be
received by DEPARTMENT before allocations can be made to COUNTY.
B. Plan Modifications: COUNTY and DEPARTMENT agree that the Plan must remain a
flexible instrument capable of responding to unforeseen needs and requirements.
COUNTY may modify the Plan according to ORS 423.525 and the administrative
rules thereunder governing the support and development of County Corrections
Programs. A copy of all Plan Modifications will be marked in sequence beginning
with the designation "Plan Modification 1" and attached to the above-mentioned
Plan. DEPARTMENT will notify COUNTY of any concerns about the modification or
the need for an amendment within a 30 calendar day period after DEPARTMENT
receives the Plan Modification.
C. Notice of Modification: No Plan Modifications shall take effect until COUNTY gives
written notice to DEPARTMENT, in a form approved by DEPARTMENT.
DEPARTMENT shall provide to COUNTY an approved form for modifications as
soon as practicable after execution of this Agreement.
IV. AMENDMENTS GENERALLY
The terms of this Agreement shall not be waived, altered, modified, supplemented or amended,
in any manner whatsoever, except by written Amendment signed by the parties.
V. DUTIES AND RESPONSIBILITIES OF COUNTY
A. COUNTY shall assume administrative responsibility for correctional supervision and
services within its jUrisdiction, as outlined in the Plan.
B. COUNTY shall deSignate a Community Corrections Manager.
C. COUNTY will meet the goals for community corrections in Oregon described below:
1. Reduce Criminal Behavior
a. Indicator: recidivism, as measured by felony convictions from initial
admission to probation, tracking for three years from admission.
b. Indicator: recidivism, as measured by felony convictions from first
release to parole/post-prison supervision, tracking for three years
from release.
2. Enforce Court, Board of Parole and Post-Prison Supervision, and Local
Supervisory Authority Orders:
a. Indicator: the percentage of positive case closures for offenders on
parole/post-prison supervision.
b. Indicator: the percentage of positive case closures for offenders on
probation.
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3. Assist Offenders to Change:
a. Indicator: employment rates for offenders on supervision.
b. Indicator: complete all substantial compliance with treatment
requirements.
4. Provide Reparation to Victims and Community
a. Indicator: the percentage of restitution and compensatory fines
collected, owed to victims.
b. Indicator: the percentage of community service hours provided by
offenders on supervision.
D. Except as otherwise provided by the DEPARTMENT's rules or orders, COUNTY will
adopt and implement a continuum of administrative sanctions used by
DEPARTMENT and the Board of Parole and Post-Prison Supervision for violators of
conditions of Probation, Parole and Post-Prison Supervision as authorized by ORS
144.106,144.334,144.343 and 137.540 and the rules thereunder. COUNTY will
manage local control post-prison supervision in accordance with the rules and
practices of the Board of Parole and Post-Prison supervision.
E. COUNTY will follow the Oregon Administrative Rules (OAR's) applicable to
community corrections, including but not limited to the bllowing:
1. Computerized Information System Access and Security, OAR 291-005-0005
through 291-005-0075. Case Transfer, OAR 291-019-0047 through OAR
291-019-0160.
2. Searches, OAR 291-028-0100 through OAR 291-028-0115.
3. Community Corrections Programs, OAR 291-031-0005 through OAR 291
031-0260.
4. Pre-sentence Investigation, OAR 291-038-0005 through 291-038-0060.
5. Structured, Intermediate Sanctions, OAR 291-058-0010 throUgh OAR 291
058-0070.
6. Short-term Transitional Leave, OAR 291-063-005 through 291-063-0060.
7. Records Management, OAR 291-070-0100 through OAR 291-070-0140.
8. Oregon Case Management System, OAR 291-078-0005 through OAR 291
078-0045.
9. Admission, Sentence Computation and Release, QA.R 291-100-0005 through
OAR 291-100-0160.
10. Interstate Compact, OAR 291-180-0106 through OAR 291-180-0665.
11. Sex Offenders, Special Provisions, OAR 291-202-0010 through 291-202
0130.
12. Active and Inactive Probation, OAR 291-206-005 through 291-206-0030
13. Dangerous Offenders, OAR 255 Divisions 36 and 37
14. Release to Post-Prison Supervision or Parole and Exit Interviews, OAR 255
Division 60.
15. Conditions of Parole and Post-Prison Supervision, OAR 255 Division 70
16. Procedures for Response to Parole and Post-Prison Supervision Condition
Violations for Offenders Under the Jurisdiction of the Board of Parole and
Post-Prison Supervision or Local Supervisory Authority, OAR 255 Division
075.
17. Active and Inactive Parole and Post-Prison Supervision, OAR 255 Division
94.
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18. Archiving, OAR Chapter 166.
F. COUNTY will follow all applicable Federal and State civil rights laws including, but
not limited to:
1. Federal Code, Title 5 USCA 7201 et seq. -Anti-discrimination in Employ
ment.
2. Oregon Statutes, Enforcement of Civil Rights: ORS 659A.009, 659A.006,
and 659A.030.
3. Americans with Disabilities Act.
G. COUNTY will prepare and furnish such data, descriptive information and reports as
may be requested by DEPARTMENT as needed to comply with ORS 423.520, Vllhich
states in part, "The department shall require recipients of the grants to cooperate in
the collection and sharing of data necessary to evaluate the effect of community
corrections programs on future criminal conduct." COUNTY will enter data into the
Corrections Information System in a complete, accurate, and timely manner.
COUNTY agrees to, and does hereby grant DEPARTMENT the right to reproduce,
use and disclose all or any part of such reports, data and technical information
furnished under this Agreement.
H. COUNTY will permit authorized representatives of DEPARTMENT to make such
review of records of COUNTY as may be necessary to satisfy audit or program
review purposes. A copy of any audit or monitoring report will be made available to
COUNTY.
/. COUNTY will follow DEPARTMENT prescribed allotment and expenditure reporting
system and shall provide this information on each discrete program in the COUNTY
Corrections Plan. This system will be used for controlling County Corrections Grant
funds by DEPARTMENT and to provide suitable records for an audit. COUNTY will
make available to the DEPARTMENT copies of its annual audit report required by
ORS 297.425.
J. If funding from DEPARTMENT is reduced or discontinued by legislative action,
COUNTY will not be required to increase use of COUNTY revenue for continuing or
maintaining corrections services as set out in this Agreement. If funding is reduced
below the amount set out in ORS 423.483, the Countymay elect to terminate
pursuant to Section X. below.
K. COUNTY will participate in Offender Profile System (OPS), the Integrated
Supervision Information System (ISIS), and the Interstate Compact Offender
Tracking System (ICOTS). COUNTY will enter and keep current information on
offenders under supervision in the Law Enforcement Data System (LEDS) Enter
Probation Record (EPR) System.
L. COUNTY will retain responsibility for cases transferred to and accepted by another
state under the terms of the Interstate Compact for Adult Offender Supervision, an
agreement among states to provide supervision services for Parole, Post-Prison,
and Probation Offenders that relocate to other states per ORS 144.610 and OAR
291-180-0106 through 291-180-0275.
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M. COUNTY will comply with ORS 182.515-182.525. Programs identified by the
Community Corrections Commission and receiving any state grant funds shall be
evidence based. Evidence based programs are delivered consistent with the
findings in research about what works best to reduce recidivism. Programs shall be
subject to an evaluation by the DEPARTMENT to determine their adherence to
evidence based principles.
VI. DEPARTMENT RESPONSIBILITIES
A. DEPARTMENT will furnish COUNTY, in a timely manner, those procedures,
directives, records, documents and forms required for COUNTY to meet its
obligations.
B. Subject to system capacity and data processing capabilities, DEPARTMENT will
furnish data, descriptive information and reports, available to DEPARTMENT and
requested by COUNTY that will assist COUNTY in complying with DEPARTMENT
requirements. This data includes, but is not limited to details regarding outcomes
noted in Subsection V(C). DEPARTMENT hereby grants to COUNTY the right to
reproduce, use, and disclose all or part of such reports, data, and technical
information furnished under this Agreement.
C. DEPARTMENT agrees to provide COUNTY an opportunity to review and cornment
on all new or revised administrative rules that have fiscal or programmatic impact on
COUNTY.
D. If by legislative action, funding from DEPARTMENT is reduced to COUNTY,
DEPARTMENT agrees to provide reasonable notice and transition opportunity to
COUNTY of changes that may Significantly alter approved appropriations and
programs.
E. If COUNTY ceases to participate in County Corrections programs as described in
ORS Chapter 423, DEPARTMENT may recover title and possession to property
previously transferred to COUNTY or purchased by COUNTY with County
Corrections Grant funds.
F. DEPARTMENT grants to COUNTY continual access to DEPARTMENT computer
system at no charge to COUNTY. All costs Oncluding but not limited to any
equipment or software upgrades) to ensure this access is the responsibility of
COUNTY. If DEPARTMENT's computer is used in any way other than for pass
through of COUNTY data to DEPARTMENT system, COUNTY will provide support
for additional activities. DEPARTMENT will provide timely notification and technical
assistance when changes are made that impact applicable restriction on the
software, if any. If COUNTY uses DEPARTMENT's data circuits or network
connections to access a third party Jail Management system, the terms of the
attached Exhibit B apply. If DEPARTMENT determines that COUNTY has not
complied with the terms of Exhibit B, DEPARTMENT may immediately suspend
COUNTY access to DEPARTMENT's computer system.
G. DEPARTMENT's Community Corrections Branch will administer the provisions of
the Interstate Compact for Adult Offender Supervision, an agreement among states
to provide supervision services for Parole, Post-Prison, and Probation Offenders that
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relocate to other states per ORS 144.610 and OAR 291-180-0106 through 291-180
0275.
H. DEPARTMENT will provide technical assistance to COUNTY in implementing and
evaluating COUNTY's Plan.
/. DEPARTMENT will provide technical assistance to COUNTY on changes in Oregon
Statutes and Oregon Administrative Rules.
VII. FUNDS
A. The Budget Summary at Exhibit A lists the County Corrections Grant funds
authorized under this Agreement for the implementation of the Plan during the term
of this Agreement.
B. The county plan and Intergovernmental agreement (IGA) must be received by the
DEPARTMENT from the COUNTY. After receipt of both plan and IGA,
DEPARTMENT will authorize payments to the COUNTY as scheduled in (C).
C. The first payment to COUNTY will occur as soon as possible after the
DEPARTMENT's budget is legislatively approved and implemented and quarterly
thereafter.
D. The DEPARTMENT will disburse to COUNTY one fourth of the County Correction
Grant Funds authorized under this Agreement to the COUNTY contact described in
this paragraph. Disbursements will be made within 15 days of each of the following
dates; 7/1/11,10/1/11, 1/1/12,and 4/1/12.
DEPARTMENT's obligation to disburse County Correction Grant Funds is subject to
satisfaction, on the date of each disbursement, of each of the following conditions:
1. COUNTY is in compliance with all terms and conditions of this Agreement,
this;
2. This Agreement has not been tenninated; and
3. DEPARTMENT has received funding, appropriations, limitations, allotments,
or other expenditure authority sufficient to allow Agency, in the exercise of its
reasonable administrative discretion, to make the disbursement.
E. Both parties agree that all reallocations of funds between or within programs shall
require a Plan Modification, unless otherwise excepted by Section III of this
Agreement.
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F. Unexpended Funds: Fund balances remaining at the termination of this agreement
may be retained by the county for the provision of supervision, correctional services,
and sanctions in the following biennium. COUNTY must submit a plan for these
funds, and will notify DEPARTMENT when shifts occur.
G. Supervision fees collected by COUNTY will be used to offset costs of supervising
the probation, parole, post-prison supervision or other supervised release pursuant
to ORS 423.570 and its administrative rules, as amended from time to time.
H. Unauthorized Expenditures: Any County Corrections Grant Funds expended for
unauthorized purposes will be deducted by DEPARTMENT from payment or
refunded to DEPARTMENT upon request.
I. For purposes of the delivery of field corrections services, DEPARTMENT recognizes
COUNTY as an ongoing partner for all County Corrections appropriations provided
by the State of Oregon Legislature according to ORS 423.475 to 423.565.
J. Funding for Sexually Violent Dangerous Offenders: Funding for the intensive
supervision of offenders deSignated as sexually violent dangerous offenders by the
Court or Board of Parole and Post-Prison Supervision is limited to the amount
appropriated for this specific program.
K. In the event that the County retains funds to spend in the next biennium under
Subsection VII(E), then Subsections VII (O)-(G) and (I) will survive termination or
expiration of this Agreement.
VIII NONCOMPLIANCE
A. The Administrator or designee of the Community Corrections Branch shall annually
review COUNTY's compliance with this Agreement under ORS 423.500 to 423.560.
COUNTY must substantially comply with the provisions of the Plan received by
DEPARMENT and this Agreement.
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B. If, upon review, DEPARTMENT determines that there are reasonable grounds to
believe that COUNTY is not in substantial compliance wth the intergovernmental
agreement or Plan, DEPARTMENT shall contact COUNTY regarding the alleged
noncompliance and offer technical assistance to reach compliance. If COUNTY
does not resolve the alleged noncompliance, DEPARTMENT shall, after giving
COUNTY not less than 30 calendar days' notice, conduct a hearing to ascertain
whether there is substantial compliance or satisfactory progress being made toward
compliance. After technical assistance, which may include peer review or other
assistance, is provided and the hearing occurs, DEPARTMENT may suspend any
portion of the funding made available to COUNTY under ORS 423.500 to 423.560
until County complies as required.
C. In the event that a dispute arises, COUNTY may appeal to the Director of the
Department of Corrections.
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IX INDEMNIFICATION
A. To the extent permitted by Article XI, Section 7 ofthe Oregon Constitution,
DEPARTMENT shall indemnify and hold harmless COUNTY and its officers,
employees and agents from claims arising from:
1. Injury to any person or damage to property caused by the negligence or other
wrongful acts or omissions of DEPARTMENT or DEPARTMENT's officers,
employees, or agents; or
2. Failure of DEPARTMENT to perform or fulfill its responsibilities under this
Agreement or any law, through no fault of COUNTY.
B. To the extent permitted by Article XI, Section 1 0 of the 0 regon Constitution,
COUNTY shall indemnify and hold harmless DEPARTMENT and its officers,
employees and agents from claims arising from:
1. Injury to any person or damage to property caused by the negligence or other
wrongful acts or omissions of COUNTY or COUNTY's officers, employees, or
agents; or
2. Failure of COUNTY to perform or fulfill its responsibilities under this
Agreement or any law, through no fault of DEPARTMENT.
C. Each party's obligations under this section are subject to limitations imposed byORS
30.260 to 30.300 and successor statutes. The provisions of this section are
intended to allocate risk between COUNTY and DEPARTMENT. Nothing in this
section is intended to confer any right to indemnity on any other person or entity or to
waive any immunity under ORS 30.260 to 30.300 or successor statutes.
D. The parties will not be required to indemnify the other for any such liability arising out
of the wrongful acts of the other's officers, employees or agents.
E. The obligation of the parties under this section will survive termination or expiration
of this Agreement.
X TERMINATION
A. It is understood and agreed by the parties hereto that this Agreement will remain in
force only during its term and will not continue in force after its term. There will be no
automatic extension, but this Agreement may be extended only by written consent of
the parties hereto.
8. It is understood and agreed by the parties hereto that if any part, term or provision of
this agreement, including any part, term or provision of any appended material, is
held by a court to be illegal or in con'met with any law of the State of Oregon or
applicable administrative rule, that element of the contract including relevant
appended materials will be void and without effect and will be treated by the parties
as having been terminated as of the date of determination of the voidness.
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C. If COUNTY chooses to discontinue participation as described in ORS 423.483(2),
COUNTY may terminate participation at the end of any month by delivery of a
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resolution of the Board of Commissioners to the Director designee of
DEPARTMENT not less than 180 calendar days before the termination date.
Termination will occur only at the end of the month.
D. If COUNTY terminates participation, the following will apply:
1. The responsibility for correctional services transferred to COUNTY and the
remaining portion of financial aid will revert to DEPARTMENT.
2. In no case does responsibility for supervision and provision of correctional
services to misdemeanor offenders revert to DEPARTMENT.
XI COMPLIANCE WITH APPLICABLE LAW
Both Parties shall comply with all federal, state and 10calla'INS, regulations, executive orders,
and ordinances to which each is subject and which is applicable to this Agreement. Without
limiting the generality of the foregoing, the parties expressly agree to comply with: (i) Title VI
of the Civil Rights Act of 1964; (ii) Section V of the Rehabilitation Act of 1973; (iii) the
Americans with Disabilities Act of 1990 and ORS 659A.142; (iv) all regulations and
administrative rules established pursuant to those la'INS; and (v) all other applicable
requirements of federal and state civil rights and rehabilitation statutes, rules and
regulations. All employers, including COUNTY, that employ subject workers who work
under this Agreement in the State of Oregon shall comply with ORS 656.017 and provide
the required Workers' Compensation coverage unless such employers are exempt under
ORS 656.126. COUNTY shall ensure that each of its subcontractors complies with these
requirements.
Nothing is this Agreement shall require County or Department to act in 'violation of state or
federal law or the Constitution ofthe State of Oregon.
XII ACCESS TO RECORDS
For not less than six (6) years after Agreement expiration, DEPARTMENT, the Secretary of
State's Office of the State of Oregon, the federal government, and their duly authorized
representatives shall have access to the books, documents, papers and records of
COUNTY which are directly pertinent to this specific Agreement for the purpose of making
audit, examination, excerpts, and transcripts. COUNTY shall retain all pertinent records until
the later (i) the date that is not less than three years following the Agreement expiration date
or (ii) the date on which all litigation regarding this Agreement is resolved. COUNTY agrees
full access to DEPARTMENT will be provided in preparation for and during litigation.
Copies of applicable records shall be made available upon request. DEPARTMENT shall
reimburse COUNTY for the cost of copies DEPARTMENT requests.
XIII SURVIVAL
All rights and obligations shall cease upon termination or expiration of this Agreement,
except for the rights and obligations set forth in Sections IV, IX, X, XI, XII, XIII, and XIV.
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XIV GOVERNING LAW; JURISDIC1'ON; VENUE
The laws of the State of Oregon (without giving effect to its conflicts of law principles)
govern all matters arising out of or relating to this Agreement, including, without limitation, its
validity, interpretation, construction, performance, and enforcement._Any party bringing a tlegal action or proceeding against any other party arising out of or relating to this Agreement
shall bring the legal action or proceeding in the Circuit Court of the State of Oregon for f
Marion County. Each party hereby consents to the exclusive jurisdiction of such court,
waives any objection to venue, and waives any claim that such forum is an inconvenient
forum. I,
XV WAIVER
The failure of either party to enforce any provision of this Agreement will not constitute a
waiver by that party of that or any other provision.
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XVI EXECUTION AND COUNTERPARTS
This Agreement may be executed in several counterparts, each of which will be an original,
all of which will constitute but one and the same instn.Jment.
XVII MERGER; INTEGRATION
This instrument contains the entire agreement between the parties and no statement made
by any party hereto, or agent thereof, not contained or attached with reference thereto in this
written agreement will be valid or binding. This Agreement will supersede all previous
communications, representations, wither verbal or written, between the parties hereto. This
Agreement may not be enlarged, modified or altered except in writing, signed by the parties,
and attached.
STATE OF OREGON DESCHUTES COUNTY
DEPT. OF CORRECTIONS BOARD OF COMMISSIONERS
Ginger Martin, Asst. Director Chair
Date Date
Approved as to Legal Sufficiency by the
Attomey General's Office:
lsi: Keith Kutler, Attorney in Charge 4111/11
Name Title Date
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EXHIBIT A
BUDGET SUMMARY
(to be added by DEPARTMENT after
COUNTY submission of the County Corrections Plan)
Program Name Grant in Aid
Fund
Inmate Welfare
Release
Subsidy Fund
County/Other
Funds and Fees Total
Administration and Support 306,426 582,795 889,221
Batterer Intervention / Family Violence
(Felony) 607,580 74,832 682,412
Sex Offender (Felony) 631,106 631,106
Street Crimes (Felony) 970,014 163,819 1,133,833
Mental Health (Felony) 103,007 103,007
Casebank (Felony) 103,007 103,007
Sex Offender & BIP Treatment (Felony) 50,000 50,000
Substance Abuse Treatment (Felony) 70,000 70,000
Sex Offender (Misdemeanor) 144,146 144,146
Domestic Violence Deferred Sentencing
Program (Misdemeanor) 104,171 104,171
Batterer Intervention/Family Violence
(Misdemeanor) 23,266 144,145 167,411
Sex Offender & BIP Treatment
(Misdemeanor) 30,000 30,000
Substance Abuse Treatment
(Misdemeanor) 4,150 850 5,000
Community Service 50,876 50,876
Electronic Monitoring 222,365 222,365
Transitional Housing Scholarship Program 13,826 26,173 39,999
Moral Recognition Therapy 68,620 68,620
Custodial and Sanction Beds 1,479,991 1,479,991
Fund Total 4,228,547 13,826 1,732,792 5,975,165
IGA # 4539 Deschutes County Reviewed by: MFM Contracts Unit 7/13/11 Page 12 of 13
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EXHIBIT B
TO INTERGOVERNMENTAL AGREEMENT #4539
NETWORK ACCESS BY DESCHUTES COUNTY
1. COUNTY Jail users will be permitted to use existing DEPARTMENT data circuits to access
third party systems. Access is permitted for Jail Management system application users only.
COUNTY Jail users will not be permitted to use DEPARTMENT circuits for video conferencing,
Real Audio, Internet access, applications that require large amounts of bandwidth, or other Jail
Management Software Online Service or System unless approved by DEPARTMENT. COUNTY
Jail users will be permitted to use DEPARTMENT's data circuits for video image transmissions
using a NIST standard (available from DEPARTMENT upon request).
A. All network traffic covered by this agreement will employ TCP/IP network
protocols.
B. DEPARTMENT will continue its policy of only providing one router to each
county. This means that if COUNTY's jail and Parole and Probation office
are located in separate buildings, COUNTY will be responsible for providing
a connection between the two buildings. I
2. COUNTY understands and acknowledges that DEPARTMENT is subject to the public
records provision of ORS 192.410 though 192.505 and other applicable laws and administrative
rules which establish uniform guidelines and procedures for the release of information from
DEPARTMENT's computer system.
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IGA # 4539 Deschutes County Reviewed by: MFM Contracts Unit 7/13/11 Page 13 of 13