HomeMy WebLinkAboutDoc 687 - IGA - P-P ServicesDeschutes 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 December 5, 2011
Please see directions for completing this document on the next page.
DATE: November 28,2011
FROM: Ken Hales Adult Parole & Probation 541 330-3115
TITLE OF AGENDA ITEM:
Document # 2011-687 Intergovermental Agreement #4605 between Oregon State Department of
Corrections and Deschutes County Adult Parole and Probation
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
The 75th Oregon Legislative Assembly, 2009, made appropriations to the Oregon Department of
Corrections for the purpose of providing funds to local community corrections departments for the
supervision and treatment of offenders addicted to drugs or alcohol.
This funding is ongoing to implement provisions of Ballot Measure 57 (2008) and HB 3508 (2009).
Ballot Measure 57 called for the incarceration of repeat property crime offenders. It also contained
provisions to enhance the ability of local community corrections departments to supervise and treat
property offenders in the community:recognizing the relationship between drug addiction and property
crime and the value of treatment in preventing repeat offenses.
FISCAL IMPLICATIONS:
$219,240 in grant funds from the state for the supervision ofM57 qualified offenders for fiscal
2011112 ..
RECOMMENDATION & ACTION REQUESTED:
Approval
ATTENDANCE: Ken Hales, Director, Deschutes County Community Corrections
DISTRIBUTION OF DOCUMENTS:
Ken Hales, Adult Parole and Probation
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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: /11/29/11/ Department: Mult Parole and Probation/
Contractor/Supplier/Consultant Name: /State of Oregon/
Contractor Contact: /Ginger Martin/ Contractor Phone #: 1503 945j
/906~
Type of Document: Document # 2011-687 Intergovermental Agreement #4605
Goods and/or Services: $219,400 in grant funds from the state for the supervision of
M57 qualified offenders.
Background & History: The 75 th Oregon Legislative Assembly, 2009, made
appropriations to the Oregon Department of Corrections for the purpose of providing
funds to local community corrections departments for the supervision and treatment of
offenders addicted to drugs or alcohol.
This funding is ongoing to implement provisions of Ballot Measure 57 (2008) and HB
3508 (2009). Ballot Measure 57 called for the incarceration of repeat property crime
offenders. It also contained provisions to enhance the ability of local community
corrections departments to supervise and treat property offenders in the
community:recognizing the relationship between drug addiction and property crime and
the value of treatment in preventing repeat offenses.
Agreement Starting Date: /12/5/11/ Ending Date: 106/30/121
Annual Value or Total Payment: /$219,240/
D Insurance Certificate Recei,ed (CieCk 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? Yes D No
Is this a Grant Agreement providing revenue to the County? Yes No
11/2912011
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Special conditions attached to this grant: Outlined above
Deadlines for reporting to the grantor:
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: Tanner Wark, Administrator
Phone #: l§!1 330-82601
Departmental Contact and Title: 1£ Kenneth Hales, Director Community Justicij
Phone #: 541 330-3115
Department Director Approval: ~Zh~~~~7J-~~~~
Distribution of Document: gets the original document and/or copies after it has
been Signed? Include complete information if the document is to be mailed.
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I 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
I Document NumOC 2 0 11 ..... 6 8 7
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I 11129/2011
INTERGOVERNMENTAL AGREEMENT #4605
BETWEEN THE STATE OF OREGON AND DESCHUTES COUNTY
TABLE OF CONTENTS
DEFINrnONS ...............................................................................................................2
II AUTHORITY AND DURATION .....................................................................................3
IV AMENDMENTS GENERALLy ......................................................................................4
V DUTIES AND RESPONSIBILITIES OF COUNTY ........................................................4
VI DEPARTMENT RESPONSIBILITIES ...........................................................................6
VII PERFORMANCE GOALS ............................................................................................6
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VIII FUNDS .........................................................................................................................6
IX NONCOMPLIANCE ......................................................................................................7
X INDEMNIFiCATION ......................................................................................................7
XI TERMINATION .............................................................................................................7
XII COMPLIANCE WITH APPLICABLE LAW ....................................................................8
XIII ACCESS TO RECORDS ..............................................................................................8
XIV SURViVAL ....................................................................................................................9
XV GOVERNING LAW; JURISDICTION; VENUE .............................................................9
XVI WAiVER .......................................................................................................................9
XVII EXECUTION AND COUNTERPARTS .........................................................................9
XVIII NOTiCE .................................................................................................................9
XIX MERGER; INTEGRATION .........................................................................................10
EXHIBIT A COUNTY INTERVENTION PLAN and BUDGET SUMMARy ......................... 12
EXHIBIT B INDEMNIFICATION ........................................................................................ 12
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This Agreement is between the State of Oregon acting by and through its Department of
Corrections, hereafter called DEPARTMENT, and Deschutes County, hereafter called COUNTY.
Whereas, DEPARTMENT is an agency of the State of Oregon and COUNTY is a unit of
local government of the State of Oregon and both parties desire to cooperate by agreement
to provide correctional services in COUNTY within the requirements as authorized by ORS
423.475 to 423.565;
Whereas, the Legislative Assembly of Oregon enacted legislation establishing shared
responsibility between COUNTY corrections programs and the DEPARTMENT on a
continuing basis (ORS 423.475 to 423.565);
Whereas, ORS 144.106 provides "the supervisory authority shall use a continuum of
administrative sanctions for violations of post-prison supervision";
Whereas, Oregon Laws 2008, chapter 14 (Measure 57) was passed by voters of the State
of Oregon increasing sentences for certain drug trafficking and theft crimes, requiring
addiction treatment for certain offenders at risk of reoffending, and authorizing
DEPARTMENT to make grants to counties to provide supplemental funding;
Whereas, supplemental funds have been made available to counties for treatment of drug
addicted persons, in accordance to OAR Chapter 291, Division 31;
Whereas, supplemental funds are made available to counties based on a formula that
matches the COUNTY's percentage share of community corrections grant-in-aid funds;
Whereas, the DEPARTMENT will administer distribution of grants to counties;
Now, therefore, THE PARTIES HERETO, in consideration of the mutual promises, tenns and
conditions hereinafter provided, agree to the following:
DEFINITIONS
A. Amendment: Any change to this Agreement that alters the tenns and conditions of
the Agreement, excluding the Duration of the Agreement. Plan Modifications are
NOT Amendments.
B. 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.
C. Corrections Information System (CIS): A DEPARTMENT software program
containing a data base of information about inmates in prison and on probation.
parole and post-prison supervision;
D. County Corrections: All COUNTY agencies and officials who carry out the
responsibilities in ORS 423.478(2)(a)-(f).
E. County Corrections Intervention Grant: Grant(s) made by DEPARTMENT to assist
COUNTY in the implementation and operation of the Plan.
F. County Intervention Plan (Plan): A document developed by the COUNTY and
approved by the DEPARTMENT which describes COUNTY's approach to providing
IGA #4605, Deschutes County Reviewed by: VM Contracts Unit 11/16/11 Page 2 of 15
effective interventions for drug addicted offenders under COUNTY supervision. The
County Intervention Plan is described in Exhibit A, County Intervention Plan and
Budget Summary.
G. Intervention: A response to Participant compliance of conditions of the Plan.
H. Intervention Budget Summary: A budget submitted by COUNTY and approved by
DEPARTMENT which identifies personnel, materials, services and funding
COUNTY will use to implement the Plan COUNTY's Intervention Budget Summary
is described in Exhibit A.
I. M57 Tx: CIS Code provided in the treatment module, for which COUNTY must use
to identify the Participants with their program.
J. Participant: An offender, under supervision of the COUNTY and enrolled in the
Plan.
K. Plan Modification: A written change or alteration to the Plan promulgated by
COUNTY modifying the Plan; or the Duration of the Agreement.
L. Sanctions: A response to Participant violations of conditions of the Plan.
M. Supervisory Authority: The local corrections official or officials designated by
COUNTY's Board of County Commissioners or county court to operate corrections
supervision services, custodial facilities or both.
N. Texas Christian University (TCU) Assessment Tool: The Texas Christian University
Assessment tool, to be used on Participants in COUNTY program, mandated by the
DEPARTMENT.
II AUTHORITY AND DURATION
A. Authority
This Agreement is entered into pursuant to the provisions of ORS 423.520.
B. Duration
This Agreement will become effective on the date it is signed by every party to the
Agreement and all approvals have been obtained, and will remain in effect until June
30, 2012 or until terminated according to Section XI (Termination).
III PLAN; PLAN MODIFICATIONS
A. The Plan must be received and approved by DEPARTMENT before allocations of
funds described in Section VIII can be made to COUNTY.
B. Plan Modifications: COUNTY and DEPARTMENT agree that the Plan must remain a
flexible instrument capable of responding to unforeseen needs and requirements. A
copy of all Plan Modifications will be marked in sequence beginning with the
designation "Plan Modification 1" and attached to the abo\€-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.
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C. Notice of Modification: No Plan Modifications shall take effect until COUNlY gives
written notice to DEPARTMENT, in a form approved by DEPARTMENT.
DEPARTMENT shall provide to COUNlY an approved form for modifications as I soon as practicable after execution of this Agreement.
D. Plan Modifications shall become effective upon the date the Plan Modification is I
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approved in writing by the DEPARTMENT.
IV AMENDMENTS GENERALLY
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The terms of this Agreement shall not be waived, altered, modified, supplemented or
amended, in any manner whatsoever, except by written Amendment signed by the parties.
An Amendment shall become effective only after all parties have signed and all approvals
have been obtained.
V DUTIES AND RESPONSIBILIllES OF COUNTY
A. COUNTY shall assume administrative responsibility to provide services as outlined
in the Plan.
B. COUNTY shall incorporate the principles described below into the Plan:
1. Treatment programs shall be evidence-based. Evidence-based programs
are delivered consistent with the findings in research about what works best
to reduce recidivism.
2. Assessment which is standardized, objective, and comprehensive shall be
used to prioritize treatment, determine criminal risk factors, and to determine
the proper level of care. Assessments of risk shall be based on actuarial risk
assessment tools.
3. Rules, requirements and expectations for Participants, including
consequences for success and for failure are made formal and clear by an
authority figure.
4. An individual case plan shall be developed for each Participant. The case
plan shall include criminal risk factors in addition to addiction that \Mil be
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5. Treatment program design shall address issues of motivation. Treatment
options shall be available for Participants consistent with their assessed I stage of change.
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6. Treatment shall be based on cognitive and behavioral interventions and
social leaming approaches. Treatment programs shall be of sufficient length
and intensity to produce stable behavior changes based on replacing old
pattems of thinking and behaving and leaming and practicing new skills for
avoiding drug use and criminal behavior.
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7. The Plan shall utilize a system of graduated Sanctions and incentives which
are swift and sure and which encourage recovery goals while holding
Participants accountable for non-compliance behaviors.
8. Weekly random drug testing shall occur, however frequency may decrease
as Participant progresses. There shall be a consequence for this or any
other rule violation, but that consequence shall not automatically result in
withdrawal from treatment. Sanctions shall be administered in a manner to
assure longer stays in treatment which are associated with good outcomes.
9. Co-ed treatment shall be avoided if possible.
10. Programs shall include relapse prevention planning and comprehensive
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1 transition planning so that participants are more likely to adjust to the next
level of care or change in living situation.
11. Addictions treatment programs must be licensed by the State of Oregon to
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provide addictions treatment.
C. COUNTY shall incorporate the following data requirements:
1. COUNTY will identify Participants through the indicating 'V' under the M57 Tx
data field, located in the Treatment Module.
2. The start and stop date ofthe actual program participation, as well as
program exit code, will be entered into the CIS Treatment Module
I 3. Program Participants will be assessed for level of severity of addiction, using
the Texas Christian University assessment tool (available at no cost), and ! enter corresponding data as determined by DEPARTMENT.
D. COUNTY will prepare and furnish such data, descriptive information and reports as ,I
may be requested by DEPARTMENT as needed to comply with ORS 423.520, which
states in part, "The department shall require recipients of the grants to cooperate in j the collection and sharing of data necessary to evaluate the effect of community
corrections programs on future criminal conduct." COUNTY will enter data into CIS 1 in a complete, accurate, and timely manner. COUNTY acknowledges and agrees i that DEPARTMENT has the right to reproduce, use and disclose all or any part of
such reports, data and technical information furnished under this Agreement. I
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1 E. COUNTY will permit authorized representatives of DEPARTMENT to make such
review of records of COUNTY as may be necessary to satisfy audit and/or program
review purposes. A copy of any audit or monitoring report will be made available to
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COUNTY.
F. COUNTY will follow DEPARTMENT's prescribed allotment and expenditure
I reporting system in accordance with Exhibit A. This system will be used for
controlling County Corrections Intervention Grant funds by DEPARTMENT and to
provide suitable records for an audit. 1
G. If funding from DEPARTMENT is reduced or discontinued by legislative action, 1
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COUNTY will not be required to increase use of COUNTY revenue for continuing or
maintaining corrections services as set out in this Agreement.
VI DEPARTMENT RESPONSIBILITIES
A. Participate according to this Agreement.
B. Provide funding as described in Section VIII of this Agreement.
C. Furnish COUNTY, in a timely manner, those rules, administrative directives and
procedures required for COUNTY to meet its obligations described herein.
D. Subject to system capacity and data processing capabilities, DEPARTMENT will
furnish data, descriptive information and reports, available to DEPARTMENT and
requested by COUNTY that will assist COUNTY in complying with DEPARTMENT
reqUirements. DEPARTMENT hereby grants to COUNTY the right to reproduce,
use, and disclose all or part of such reports, data, and technical information
furnished under this Agreement.
E. If by legislative action, funding from DEPARTMENT is reduced to COUNTY,
DEPARTMENT agrees to provide reasonable notice and transition opportunity to
COUNTY of changes that may significantly alter approved appropriations and
programs.
F. DEPARTMENT will provide technical assistance to COUNTY in implementing and
evaluating COUNTY's Plan.
G. DEPARTMENT will automate both the required Texas Christian University
assessment tool and the M57 Tx data field.
VII PERFORMANCE GOALS
Interventions funded under this Agreement will be evaluated by the DEPARTMENT for
treatment effectiveness. Goals for the evaluation are to determine if:
A. Treatment programs are evidence-based, as evaluated by the Corrections Program
Checklist.
B. Recidivism is reduced: Participants will recidivate at lower rates than similar untreated
offenders.
C. Participants reduce drug use: Results of random urinalysis will be analyzed.
D. Participants show evidence of improved community functioning: Improved
community functioning will be measured by successful completion of the program
and through the existing community corrections performance measures (successful
completion of supervision, employment, payment of restitution and/or community
service work).
VIII FUNDS
A. Exhibit A identifies the County Corrections Intervention Grant funds authorized under
this Agreement for the implementation of the Plan during the term of this Agreement.
IGA #4605, Deschutes County Reviewed by: VM Contracts Unit 11116111 Page 6 of 15
B. Payment to COUNTY will be made within 15 days after execution of this Agreement.
C. DEPARTMENT will submit payment to COUNTY to the Authorized Representative
identified in Section XVIII.
I D. Both parties agree that all reallocations of funds within programs shall require a Plan
Modification, in accordance with Section III of this Agreement.
I E. Unexpended Funds: Fund balances remaining after June 30, 2012 may be retained
by the COUNTY, upon approval by DEPARTMENT, for the provision of on-going1 supervision, correctional services, and sanctions in accordance with the Plan. To
retain the unexpended funds COUNTY must submit a Plan Modification to
DEPARTMENT reflecting the on-going services and requesting an extension of the
Duration of the Agreement.
I F. Unauthorized Expenditures: Any grant funds disbursed to COUNTY that are
expended for unauthorized purposes, or any Unexpended Funds not retained by
COUNTY under Section VilLE, will be deducted by DEPARTMENT from payment or
I refunded to DEPARTMENT promptly upon DEPARTMENT's written request and no
later than 15 days after DEPARTMENT's written request.
G. Maximum Grant Amount. Grant funds are based upon COUNTY's Application for i
I Supplemental Funds. Unless amended, the maximum, not-to-exceed County
Corrections Intervention Grant payable to COUNTY under this Agreement is
$219,240. The maximum grant amount may be increased only by written
I amendment of this Agreement which is signed by all parties and with all required
State approvals.
H. Disbursement of Grant Funds under this agreement is contingent on DEPARTMENT
receiving funding, appropriations, limitations, allotments, orother expenditure
authority sufficient to allow DEPARTMENT, in the exercise of its reasonable
administrative discretion, to make the disbursement.
I IX NONCOMPLIANCE
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A. The Administrator or designee of the Community Corrections Division shall review
COUNTY's compliance with this Agreement. COUNTY must substantially comply
with the provisions of the Plan received by DEPARMENT and this Agreement.
If, upon review, DEPARTMENT determines that there are reasonable grounds to
believe that COUNTY is not in substantial compliance wth the Agreement or Plan,
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1 including but not limited to standards of evidence-based treatment programs as
required in Section V.B.1, DEPARTMENT and COUNTY shall proceed in
accordance with OAR 291-031, to reach compliance or, if compliance is not
obtained, to suspend funding. ~ X INDEMNIFICATION. See Exhibit B.I
I XI TERMINATION
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A. Parties Right to Terminate at its Discretion. At its sole discretion, any party to this
Agreement may terminate this Agreement for its convenience upon 30 days' prior
written notice.
B. Parties may terminate this Agreement immediately upon written notice if federal or
state laws, regulations, or guidelines are modified or interpreted in such a way that
DEPARTMENT or COUNTY cannot lawfully perform its obligations under this
Agreement.
C. It is understood and agreed by the parties hereto that this Agreement will remain in
force only during its term and will not continue in force after its term. There will be no
automatic extension, but this Agreement may be extended only by written consent of
the parties hereto.
D. It is understood and agreed by the parties hereto that if any part, term or provision of
this agreement, including any part, term or provision of any appended material, is
held by a court to be illegal or in conflict with any law of the State of Oregon or
applicable administrative rule, that element of the contract including relevant
appended materials will be void and without effect and will be treated by the parties
as having been terminated as of the date of determination of the voidness.
E. It is understood and agreed by the parties hereto that this Agreement will
automatically terminate if the State of Oregon provides no funding. If there is
reduced state funding, COUNTY may terminate the Agreement as described herein.
XII COMPLIANCE WITH APPLICABLE LAW
Both Parties shall comply with all federal, state and 10caiialAS, 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 DRS 659A.142; (iv) all regulations and
administrative rules established pursuant to those lalAS; 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 DRS 656.017 and provide
the required Workers' Compensation coverage unless such employers are exempt under
DRS 656.126. COUNTY shall ensure that each of its subcontractors complies with these
requirements.
Nothing is this Agreement shall require COUNTY or DEPARTMENT to act in violation of
state or federal law or the Constitution of the State of Oregon.
XIII ACCESS TO RECORDS
For not less than six (6) years after Agreement expiration, DEPARTMENT, the Secretary of
State's Office of the State of Oregon, the federal government, and their duly authorized
representatives shall have access to the books, documents, papel5 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 !
i the later of (i) the date that is not less than three years following the Agreement expiration
I date or (ii) the date on which all litigation regarding this Agreement is resolved. COUNTY
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Copies of applicable records shall be made available upon request.
reimburse COUNTY for the cost of copies DEPARTMENT requests.
DEPARTMENT shall
XIV SURVIVAL
All rights and obligations shall cease upon termination or expiration of this Agreement,
except for the rights and obligations set forth in Sections IV, X, XI, XII, XIII, XIV, and XV.
XV GOVERNING LAW; JURISDICTION; VENUE
This Agreement will be governed by and construed according to the laws of the State of
Oregon without resort to any jurisdiction's conflict of laws rules or doctrines. Any claim,
action, suit or proceeding (collectively, "the claim") between DEPARTMENT (and/or any
other Agency or department of the State of Oregon) and COUNTY that arises from or
relates to this Agreement will be brought and conducted solely and exclusively within the
Circuit Court of MARION County for the State of Oregon. Provided, however, if the claim
must be brought in a federal forum, then it will be brought and conducted solely and
exclusively within the United States District Court for the District of Oregon. In no way will
this Section or any other provision of this Agreement be construed as a waiver by the
DEPARTMENT or the State of Oregon of any form of defense or immunity, including
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.
XVI WAIVER
The failure of either party to enforce any provision of this Agreement will not constitute a
waiver by that party of that or any other provision.
XVII EXECUTION AND COUNTERPARTS
This Agreement may be executed in several counterparts, each of which will be an original,
all of which will constitute but one and the same instrument.
XVIII NOTIC E
Except as otherwise expressly provided in this Agreement, any notices between the Parties
to be given hereunder shall be given in writing by personal delivery, facsimile, electronic
mail, or mailing the same, postage prepaid to COUNTY or ODOC at the address or number
set forth below, or to such other addresses or numbers as any Party may indicate pursuant
to this section. Any notice so addressed and mailed shall be effective five (5) days after
mailing. Any notice delivered by facsimile shall be effective on the day the transmitting
machine generates a receipt of the successful transmission, if transmission was during
normal business hours of the reCipient, or on the next business day, if transmission was
outside normal business hours of the recipient. Any notice delivered by electronic mail shall
be effective on the day of notification of delivery receipt, if delivery was during normal
business hours of the recipient, or on the next business day, if delivery was outside normal
business hours of the recipient. Any notice given by personal delivery shall be effective
when actually delivered to the Authorized Representatives listed below:
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To DEPARTMENT: Mark Cadotte, Chief
Community Corrections
Department of Corrections
2575 Center St. NE
Salem, OR 97301
Telephone: 503-945-8876
Fax: 503-373-7810
E-Mail: Mark.J.Cadotte@doc.state.or.us
To COUNTY: J. Kenneth Hales, Director
Deschutes County Community Corrections
63360 Britta Street, Bldg 2
Bend, OR 97701
Telephone: 541-385-3246
Fax: 541-385-1804
E-mail: ken.hales@co.deschutes.or.us
The Parties may change the persons named in this section by notice to the other Parties as
provided herein. No amendment to this Agreement is required to make such change.
XIX MERGER; INTEGRATION
This instrument contains the entire agreement between the parties and no statement made
by any party hereto, or agent thereof, not contained or attached with reference thereto in this
written agreement will be valid or binding. This Agreement will supersede all previous
communications, representations, wither verbal or written, between the parties hereto. This
Agreement may not be enlarged, modified or altered except in writing, signed by the parties,
and attached.
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STATE OF OREGON
DEPT. OF CORRECTIONS DESCHUTES COUNTY APPROVALS
Ginger Martin, Assistant Director
Date,______________
Approved as to Legal Sufficiency by the
Oregon Attorney General's Office: Tammy Baney
Chair, Deschutes County Board of County
Commissioners
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EXHIBIT A
COUNTY INTERVENTION PLAN and BUDGET SUMMARY
DESCHUTES COUNTY
(To be attached upon signature and return of Agreement by County)
09-11 I 11-12 OtherM57 State M57i Cou nty/Local Program Expenses State TotalFunds State FundsFundsCarryover Funds
A. Personnel Costs
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Salaries and wages
1 PPO FTE
62,636 62,636Q
Payroll taxes and benefits 14,294 17,117 31,411
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Salaries and wages
1 PO Specialist .FTE
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45,500 45,500
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I Payroll taxes and benefits
23,302 23,302Q
I B. Materials and Services
35,224 776 36,000
C. Contract Services and
Professional Services
I 4,364 69,909
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74,273
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• D. CaQital Outlal:: and Start
• Up Costs
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Totals
53,882 219,240 273,122
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EXHIBIT B
INDEMNIFICATION
DESCHUTES COUNTY
Contribution
If any third party makes any claim or brings any action, suit or proceeding alleging a tort as now or
hereafter defined in ORS 30.260 ("Third Party Claim") against a party (the "Notified Party") with
respect to which the other party ("Other Party") may have liability, the Notified Party must promptly
notify the Other Party in writing of the Third Party Claim and deliver to the Other Party a copy of the
claim, process, and all legal pleadings \/\lith respect to the Third Party Claim. Either party is entitled
to participate in the defense of a Third Party Claim, and to defend a Third Party Claim with counsel
of its own choosing. Receipt by the Other Party of the notice and copies required in this paragraph
and meaningful opportunity for the Other Party to participate in the investigation, defense and
settlement of the Third Party Claim with counsel of its own choosing are conditions precedent to the
Other Party's liability with respect to the Third Party Claim.
With respect to a Third Party Claim for which the State is jointly liable with the County (or would be
if joined in the Third Party Claim ), the State shall contribute to the amount of expenses (including
attomeys' fees), judgments, fines and amounts paid in settlement actuallyand 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 \/\lith the events which
resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant
equitable considerations. The relative fault of the State on the one hand and of the County on the
other hand shall be determined by reference to, among other things, the parties' relative intent,
knowledge, access to information and opportunity to correct or prevent the circumstances resulting
in such expenses, judgments, fines or settlement amounts. The State's contribution amount in any
instance is capped to the same extent it would have been capped under Oregon law if the State
had sole liability in the proceeding.
With respect to a Third Party Claim for which the County is jointly liable with the State (or would be
if joined in the Third Party Claim), the County shall contribute to the amount of expenses (including
attomeys' 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 ether hand in connection \/\lith the events which
resulted in such expenses, judgments, fines or settlement amounts, as IJ\eIl as any other relevant
equitable considerations. The relative fault of the County on the one hand and of the State on the
other hand shall be determined by reference to, among other things, the parties' relative intent,
knowledge, access to information and opportunity to correct or prevent the circumstances resulting
in such expenses, judgments, fines or settlement amounts. The County's contribution amount in
any instance is capped to the same extent it would have been capped under Oregon law if it had
sole liability in the proceeding.
Alternative Dispute Resolution
The parties should attempt in good faith to resolve any dispute arising out of this agreement. This
may be done at any management level, including at a level higher than persons directly responsible
for administration of the agreement. In addition, the parties may agree to utilize a jOintly selected
mediator or arbitrator (for non-binding arbitration) to resolve the dispute short of litigation.
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Indemnification by Subcontractors
County shall take all reasonable steps to cause its contractor(s) that are not units of local
government as defined in ORS 190.003, if any, to indemnify, defend, save and hold harmless the
State of Oregon and its officers, employees and agents ("Indemnitee") from and against any and all
claims, actions, liabilities, damages, losses, or expenses (including attomeys' fees) arising from a
tort (as now or hereafter defined in ORS 30.260) caused, or alleged to be caused, in W10le or in
part, by the negligent or willful acts or omissions of County's contractor or any of the officers,
agents, employees or subcontractors of the contractor( "Claims"). It is the specific intention of the
parties that the Indemnitee shall, in all instances, e)Cept for Claims arising solely from the negligent
or willful acts or omissions of the Indemnitee, be indemnified by the contractor from and against any
and all Claims.
Subcontractor Insurance Requirements
GENERAL.
County shall require its first tier contractor(s) that are not units of local government as defined in
ORS 190.003, if any, to: i) obtain insurance specified under TYPES AND AMOUNTS and meeting
the requirements under, ''TAIL'' COVERAGE, NOTICE OF CANCELLATION OR CHANGE, and
CERTIFICATES OF INSURANCE before the contractors perform under contracts between County
and the contractors (the "Subcontracts"), and ii) maintain the insurance in full force throughout the
duration of the Subcontracts. The insurance must be provided by insurance companies or entities
that are authorized to transact the business of insurance and issue coverage in the State of Oregon
and that are acceptable to Agency. County shall not authorize contractors to begin work under the
Subcontracts until the insurance is in full force. Thereafter, County shall monitor continued
compliance with the insurance requirements on an annual or more frequent basis. County shall
incorporate appropriate provisions in the Subcontracts permitting it to enforce contractor
compliance with the insurance requirements and shall take all reasonable steps to enforce such
compliance. Examples of "reasonable steps" include issuing stop work orders (or the equivalent)
until the insurance is in full force or terminating the Subcontracts as permitted by the Subcontracts,
or pursuing legal action to enforce the insurance requirements. In no event shall County permit a
contractor to work under a Subcontract when the County is aware that the contractor is not in
compliance with the insurance requirements. As used in this section, a 'first tier" contractor is a
contractor with which the county directly enters into a contract. It does not include a subcontractor
with which the contractor enters into a contract.
TYPES AND AMOUNTS.
PROFESSIONAL LIABILITY
Professional Liability Insurance covering any damages caused by an error, omission or negligent
act related to the services to be provided under the Subcontract, with limits not less than
$2,000,000, as determined by the Agency:
"TAIL" COVERAGE. If any of the required insurance policies is on a "claims made" basis, such as
professional liability insurance, the contractor shall maintain either "tail" coverage or continuous
"claims made" liability coverage, provided the effective date of the continuous "claims made"
coverage is on or before the effective date of the Subcontract, for a minimum of 24 months
following the later of : (i) the contractor's completion and County's acceptance of all Services
required under the Subcontract or, (ii) the expiration of all warranty periods provided under the
Subcontract. Notwithstanding the foregoing 24-month requirement, if the contractor elects to
IGA #4605, Deschutes County Reviewed by: VM Contracts Unit 11/16/11 Page 14 of 15
maintain "tail" coverage and if the maximum time period "tail" coverage reasonably available in the
marketplace is less than the 24-month period described above, then the contractor may request
and Agency may grant approval of the maximum "tail If coverage period reasonably available in the
marketplace. If Agency approval is granted, the contractor shall maintain ''tail'' coverage for the
maximum time period that ''tail'' coverage is reasonably available in the marketplace.
NOTICE OF CANCELLATION OR CHANGE. The contractor or its insurer must provide 30 days'
written notice to County before cancellation of, material change to, potential exhaustion of
aggregate limits of, or non-renewal of the required insurance coverage(s).
CERTIFICATE(S) OF INSURANCE. County shall obtain from the contractor a certificate(s) of
insurance for all required insurance before the contractor performs under the Subcontract. The
certificate(s) or an attached endorsement must specify: i) all entities and individuals who are
endorsed on the policy as Additional Insured and ii) for insurance on a "claims made" basis, the
extended reporting period applicable to ''tail'' or continuous "claims made" coverage.
IGA #4605, Deschutes County Reviewed by: VM Contracts Unit 11/16/11 Page 15 of 15