HomeMy WebLinkAboutIGA - State - Community CorrectionsDeschutes 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 RE 0 UEST & STAFF REPORT
For Board Business Meeting of June 24, 2009
Please see directions for completing this document on the next page.
DATE: June 8, 2009
FROM: J. Kenneth Hales Community Justice 541.317.3115
TITLE OF AGENDA ITEM:
Consideration and chair signature of Document No. 2009 -318, an Intergovernmental Agreement wil h
Oregon Department of Corrections for community corrections services in Deschutes County.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
This intergovenrmental agreement specifies requirements we must meet in order to receive state
community corrections grant funds after the state accepts our community corrections plan.
Specifications in this agreement are routine. There are no substantial changes in this agreement from
prior year agreements.
FISCAL IMPLICATIONS:
The agreement is required to receive state community corrections grant funds, which are estimated at
about $9.47 million for Deschutes County in the 2009 -11 biennium.
RECOMMENDATION & ACTION REQUESTED:
Approval and chair signature of Document No. 2009 -318.
ATTENDANCE: J. Kenneth Hales, community justice director
DISTRIBUTION OF DOCUMENTS:
Original to J. Kenneth Hales copy to the County Clerk
July 1, 2009
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.)
Date:
June 8, 2009
Please complete all sections above the Official Review line.
Contractor /Supplier /Consultant Name:
Contractor Contact: Dawn Perselsl
503.945.9051'
Department:
'Community Justice
Oregon Department of Corrections]
Type of Document: Intergovernmental Agreement.
Contractor Phone #:
Goods and /or Services: Agreement specifies community corrections services to be
provided by Deschutes County to carry out prvisions of law and receive grant funds.
Background & History: ORS 423.475 et.al. specifies requirements of counties and
powers of the Oregon Department of Corrections to make grants to counties and
engage in contracts and agreements to carry out the Community Corrections Act
requirements.
Agreement Starting Date:
Annual Value or Total Payment:
$4,733,209
Ending Date:
❑ Insurance Certificate Receive check box)
'g Insurance Expiration Date:
June 30, 2011
Check all that apply:
❑ RFP, Solicitation or Bid Process
❑ Informal quotes ( <$150K)
❑ Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37)
Funding Source: (Included in current budget? ® Yes ❑ No
If No, has budget amendment been submitted? ❑ Yes ❑ No
Is this a Grant Agreement providing revenue to the County? ® Yes ❑ No
Special conditions attached to this grant: NA
Deadlines for reporting to the grantor: Reporting requirements specified in IGA.
6/12/ 009
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: ❑ Yes 0 No
Contact information for the person responsible for grant compliance: Name: Dawn
Persels
Phone #: 503.945.9051
Departmental Contact and Title: J. Kenneth Hales Phone #:
541.317.3115
Department Director Approval: /f��
"anature
Date
Distribution of Document: Wh• • e s the original document and /or copies after it has
been signed? Include complete information if the document is to be mailed. Original to
J. Kenneth Hales, copy to the county clerk.
Official Review:
County Signature Required (check one): ❑ BOCC ❑ Department Director (if <$25K)
❑ Administrator (if >$25K but <$150K; if >$150K, BOCC Order No.
Legal Review
Document Number
Date
6/12 2009
INTERGOVERNMENTAL AGREEMENT #3954
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. DEFINITIONS
A. Allotment Request: A form prescribed by DEPARTMENT to be used by COUNTY to
request funds and report expenditures.
B. Amendment: Any change to this Agreement that alters the terms and conditions of
the Agreement, effective only after all parties have signed and all approvals have
been obtained. Plan Modifications are NOT Amendments.
C. Budget Summary: The part of the County Corrections Plan that reflects the amouit
of County Corrections Grant funds granted by DEPARTMENT to COUNTY to
implement the programs in the Plan. The Budget Summary is attached to this
IGA #3954 Deschutes County Reviewed by: MFM Contracts Unit 01/30/09
Page 1 of 13
LEGAL COUNSEL
Agreement as Exhibit A.
D. Communit v 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.
E. County Corrections: All County agencies and officials who carry out the
responsibilities in ORS 423.478(2)(a) -(f).
F. County Corrections Plan (Plan): A document developed by the Local Public Safety
Coordinating Councils and adopted by COUNTY's governing body pursuant to ORS
423.525 and 423.535 and received by DEPARTMENT's director or designee.
G. 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.
H. 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.
I. Sanctions or Structured Sanctions: A response to offender violations of conditions
of supervision that uses custody units.
J. 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 (ICOTS), and related case management
modules.
K. 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 the later of July 1, 2009 or on the date on
which it is signed by every party to the Agreement and all approvals have been
obtained, and will remain in effect until June 30, 2011 or until terminated according
to Section X (Termination) and in no event longer than two (2) years from the dat*, of
execution.
IGA #3954 Deschutes County Reviewed by: MFM Contracts Unit 01/30/09 Page 2 of 13
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 initir 1
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 m
parole /post - prison supervision.
b. Indicator: the percentage of positive case closures for offenders >n
probation.
IGA #3954 Deschutes County Reviewed by: MFM Contracts Unit 01/30/09 Page 3 of 13
3. Assist Offenders to Change:
a. Indicator: employment rates for offenders on supervision.
b. Indicator: the successful completion rates for offenders referred to
treatment.
4. Provide Reparation to Victims and Community
a. Indicator: the percentage of restitution and compensatory fines
collected, owed to victims.
b. Indicator: the number 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 following:
1. Records Management, OAR 291 - 070 -0100 through OAR 291 - 070 -0140.
2. Oregon Case Management System, OAR 291 - 078 -0005 through OAR 291 -078-
0045.
3. Admission, Sentence Computation and Release, OAR 291 - 100 -0005 through
OAR 291 - 100 -0160.
4. Structured, Intermediate Sanctions, OAR 291 -058 -0010 through OAR 291 -058-
0070.
5. Interstate Compact, OAR 291 - 180 -0106 through OAR 291 - 180 -0665.
6. Case Transfer, OAR 291 - 019 -0047 through OAR 291 - 019 -0160.
7. Computerized Information System Access and Security, OAR 291 -005 -0005
through 291 - 005 -0075.
8. Searches, OAR 291 - 028 -0100 through OAR 291 - 028 -0115.
9. Sex Offender Registration, OAR 291 - 202 -0010 through 291 - 202 -0040.
10. Community Corrections Programs, OAR 291 - 031 -0005 through OAR 291 -031-
0210.
11. Archiving, OAR Chapter 166.
12. Pre - sentence Investigation, OAR 291 - 038 -0005 through 291 - 038 -0060.
13. Release to Post - Prison Supervision, OAR 255 Division 60.
14. Re- release Order after Revocation, OAR 255 - 075 -0072.
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.
IGA #3954 Deschutes County Reviewed by: MFM Contracts Unit 01/30/09 Page 4 of 13
G. COUNTY will prepare and furnish such data, descriptive information and reports as
may be requested by DEPARTMENT as needed to comply with ORS 423.520, which
states in part, "The department shall require recipients of the grants to cooperate [. .
.] 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 and timely mariner. 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 and /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 County may elect to terminate
pursuant to Section X, below.
K. COUNTY will participate in Offender Profile System (OPS), the Integrated
Supervision Information System (ISIS), 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 (ICAOS) (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 OAR 291 - 180 - 0665).
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.
IGA #3954 Deschutes County Reviewed by: MFM Contracts Unit 01/30/09 Page 5 of 13
VI. DEPARTMENT RESPONSIBILITIES
A. Participate according to this Agreement.
B. Provide funding as provided in Section VII 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. DEPARTMENT will furnish COUNTY, in a timely manner, those procedures,
directives, records, documents and forms required for COUNTY to meet its
obligations.
E. 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.
F. DEPARTMENT agrees to provide COUNTY an opportunity to review and comment
on all new or revised administrative rules that have fiscal or programmatic impact on
COUNTY.
G. 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.
H. 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.
I. DEPARTMENT grants to COUNTY continual access to DEPARTMENT computer
system at no charge to COUNTY. All costs (including but not limited to any
equipment or software upgrades) to ensure this access however, 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.
J. DEPARTMENT's Community Corrections Division will administer the provisions of
the Interstate Compact for Adult Offender Supervision of parolees and offenders on
probation and post - prison supervision as described in ORS 144.610.
IGA #3954 Deschutes County Reviewed by: MFM Contracts Unit 01/30/09 Page 6 of 13
K. DEPARTMENT will provide technical assistance to COUNTY in implementing and
evaluating COUNTY's Plan.
L. 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 upon receipt of the Allotment Requests from COUNTY.
D. Department will submit quarterly allocation funds to County to the following contact
and /or address:
Marty Wynne, Director
Deschutes County Finance Department
1300 NW Wall Street, Bend, Oregon 97701
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.
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 Predatory Offenders: Funding for intensive supervisior i
of offenders designated as sexually violent predatory offenders by the Board of
Parole and Post - Prison Supervision is limited to the amount appropriated for this
IGA #3954 Deschutes County Reviewed by: MFM Contracts Unit 01/30/09 Page 7 of 13
specific program.
K. In the event that the County retains funds to spend in the next biennium under
Subsection VII(E), then Subsections VII (D) -(G) and (I) will survive termination or
expiration of this Agreement.
VIII NONCOMPLIANCE
A. The Administrator or designee of the Community Corrections Division 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.
B. If, upon review, DEPARTMENT determines that there are reasonable grounds to
believe that COUNTY is not in substantial compliance with the intergovernmental
agreement or Plan, DEPARTMENT shall contact COUNTY regarding the alleged
noncompliance and offer technical assistance to reach compliance. If COUNTY
does not resolve the alleged noncompliance, DEPARTMENT shall, after giving
COUNTY not less than 30 calendar days' notice, conduct a hearing to ascertain
whether there is substantial compliance or satisfactory progress being made toward
compliance. After technical assistance, which may include peer review or other
assistance, is provided and the hearing occurs, DEPARTMENT may suspend any
portion of the funding made available to COUNTY under ORS 423.500 to 423.560
until County complies as required.
C. In the event that a dispute arises, COUNTY may appeal to the Director of the
Department of Corrections.
IX INDEMNIFICATION
A. To the extent permitted by Article XI, Section 7 of the 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 10 of the Oregon 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, cr
agents; or
2. Failure of COUNTY to perform or fulfill its responsibilities under this
Agreement or any law, through no fault of DEPARTMENT.
IGA #3954 Deschutes County Reviewed by: MFM Contracts Unit 01/30/09 Page 8 of 13
C. Each party's obligations under this section are subject to limitations imposed by ORS
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.
B. It is understood and agreed by the parties hereto that if any part, term or provision of
this agreement, including any part, term or provision of any appended material, is
held by a court to be illegal or in conflict with any law of the State of Oregon or
applicable administrative rule, that element of the contract including relevant
appended materials will be void and without effect and will be treated by the parties
as having been terminated as of the date of determination of the voidness.
C. If COUNTY chooses to discontinue participation as described in ORS 423.483(2),
COUNTY may terminate participation at the end of any month by delivery of a
resolution of the Board of Commissioners to the Director designee of
DEPARTMENT not Tess 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.
E. It is understood and agreed by the parties hereto that this Agreement will
automatically terminate if the State of Oregon fails to provide any funding. If there is
reduced state funding as described in ORS 423.483, County may terminate the
Agreement as described herein
IGA #3954 Deschutes County Reviewed by: MFM Contracts Unit 01/30/09 Page 9 of 13
XI COMPLIANCE WITH APPLICABLE LAW
Both Parties shall comply with all federal, state and local laws, regulations, executive orders,
and ordinances to which each is subject and which is applicable to this Agreement. Without
limiting the generality of the foregoing, the parties expressly agree to comply with: (i) Title VI
of the Civil Rights Act of 1964; (ii) Section V of the Rehabilitation Act of 1973; (iii) the
Americans with Disabilities Act of 1990 and ORS 659A.142; (iv) all regulations and
administrative rules established pursuant to those laws; and (v) all other applicable
requirements of federal and state civil rights and rehabilitation statutes, rules and
regulations. DEPARTMENT's performance under this Agreement is conditioned upon
COUNTY's compliance with the provisions of ORS 279B.220, 279B.230, 279B.235 and
279B.270, as amended from time to time, which are incorporated by reference herein. All
employers, including COUNTY, that employ subject workers who work under this
Agreement in the State of Oregon shall comply with ORS 656.017 and provide the required
Workers' Compensation coverage unless such employers are exempt under ORS 656.126.
COUNTY shall ensure that each of its subcontractors complies with these requirements.
Nothing is this Agreement shall require County or Department to act in violation of state or
federal law or the Constitution of the State of Oregon.
XII ACCESS TO RECORDS
For not less than three (3) 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.
XIV 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
IGA #3954 Deschutes County Reviewed by: MFM Contracts Unit 01/30/09 Page 10 of 13
to the Constitution of the United States, or otherwise, from any claim or from the jurisdiction
of any court.
XV WAIVER
The failure of either party to enforce any provision of this Agreement will not constitute a
waiver by that party of that or any other provision.
XVI EXECUTION AND COUNTERPARTS
This Agreement may be executed in several counterparts, each of which will be an original,
all of which will constitute but one and the same instrument.
XVII MERGER; INTEGRATION
This instrument contains the entire agreement between the parties 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
Max Williams, Director
Date
Approved as to Legal Sufficiency by the
Attorney General's Office:
/s/: Keith Kutler, AAG 1/28/2009
Name
Title Date
Chair
Date
IGA #3954 Deschutes County Reviewed by: MFM Contracts Unit 01/30/09 Page 11 of 13
EXHIBIT A
BUDGET SUMMARY
Program Name
State
Grant
Funds
Inmate Welfare
Release Subsidy
Fund
Other Funds
Total
Administration:
709,840
1,005,628
1,715,468
Felony Supervision:
Batterer
Intervention /Family
Violence (Felony)
829,162
829,162
Sex Offender (Felony)
829,162
829,162
Restitution Caseload
(Felony)
276,386
6,824
283,210
Street Crimes (Felony)
2,165,048
11,430
2,176,478
Mental Health (Felony)
230,322
5,808
236,130
Casebank (Felony)
276,386
6,824
283,210
SO and BIP Treatment
(Felony)
42,000
42,00()
A &D Treatment (Felony)
40,800
40,800
Misdemeanor Supervision:
Sex Offender (Misd.)
96,820
185,530
282,350
Batterer
Intervention /Family
Violence (Misd.)
196,578
351,478
548,056
SO and BIP Treatment
(Felony)
18,000
18,000
A &D Treatment (Felony)
7,200
7,200
Other Programs:
Community service
70,146
102,960
173,106
Electronic monitoring
373,106
373,106
Transitional housing
47,250
47,250
Custody / Sanction Beds
3,786,568
3,786568
Fund Total
9,466,418
47,250
2,157,588
11,671, 256
IGA #3954 Deschutes County Reviewed by: MFM Contracts Unit 01/30/09 Page 12 of 13
EXHIBIT B
TO INTERGOVERNMENTAL AGREEMENT #3954
NETWORK ACCESS BY COUNTY
1. COUNTY Jail users will be permitted to use existing DEPARTMENT data circuits to access
third party systems. Access is permitted for Jail Management system application users only.
COUNTY Jail users will not be permitted to use DEPARTMENT circuits for video conferencing,
Real Audio, Internet access, applications that require large amounts of bandwidth, or other Jail
Management Software Online Service or System unless approved by DEPARTMENT. COUNTY
Jail users will be permitted to use DEPARTMENT's data circuits for video image transmissions
using a NIST standard (available from DEPARTMENT upon request).
A. All network traffic covered by this agreement will employ TCP /IP network
protocols.
B. DEPARTMENT will continue its policy of only providing one router to each
county. This means that if COUNTY's jail and Parole and Probation office
are located in separate buildings, COUNTY will be responsible for providing
a connection between the two buildings.
2. COUNTY understands and acknowledges that DEPARTMENT is subject to the public
records provision of ORS 192.410 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.
IGA #3954 Deschutes County Reviewed by: MFM Contracts Unit 01/30/09 Page 13 of 13