HomeMy WebLinkAboutOregon Youth Authority IGADeschutes 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 June 11, 2008
Please see directions for completing this document on the next page.
DATE: May 28, 2008
FROM: Deevy Holcomb Juvenile Community Justice 322-7644
TITLE OF AGENDA ITEM:
Consideration of Board Chairperson Signature of Intergovernmental Agreeement #11110 with State of
Oregon - Oregon Youth Authority for youth violence and gang services.
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
In April 2008, the Juvenile Department received a grant award from the Oregon Youth Authority tc
conduct a community youth violence and gang assessment and to provide family therapy services to at -
risk Spanish speaking youth and families in Deschutes County. The department received an
Intergovernmental Agreement for legal review and signature on May 27th, 2008 to guide the
implementation and payment for this grant award. We are requesting Board of County Commissioner's
Chairperson's signature after legal review of this Intergovernmental Agreement.
FISCAL IMPLICATIONS:
The award is for $53,714 to be expended from July 1, 2008 - June 30, 2009. This is a new amount,
currently being appropriated through the Finance Department to the FY 08-09 departmental budget.
RECOMMENDATION & ACTION REQUESTED:
Legal review and Signature of Board Chairperson of Intergovernmental Agreement #11110.
ATTENDANCE: Ken Hales and/or Deevy Holcomb
DISTRIBUTION OF DOCUMENTS:
Forward both originals to Deevy Holcomb, for State of Oregon signatures.
State of Oregon - Oregon Youth Authority
Management Analyst
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:
Please complete all sections above the Official Review line.
May 28, 2008
Contact Person:
Deevy Holcomb
Contractor/Supplier/Consultant Name:
Department:
Juvenile Community Justice
Phone #:
322-7644
Goods and/or Services: Intergovernmental Agreement (Deschutes County document
# 2008-292) for Gang Intervention Services to implement community youth
violence/gang assessment and provide family therapy services to at -risk Spanish
speaking families.
Background & History: In April 2008, the Juvenile Department received a grant
award from the Oregon Youth Authority to conduct a community youth violence and
gang assessment and to provide family therapy services to at -risk Spanish speaking
youth and families. The department received an Intergovernmental Agreement for legal
review and signature on May 27th, 2008 to guide the implementation and payment for
this grant award. We are requesting Board of County Commissioner's Chairperson's
signature after legal review of this Intergovernmental Agreement.
Agreement Starting Date:
July 1, 2008
Annual Value or Total Payment:
II
$53,714
Insurance Certificate Received (check box)
Insurance Expiration Date:
Check all that apply:
RFP, Solicitation or Bid Process
Informal quotes (<$150K)
Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37)
Ending Date:
June 30, 2009
II
II
II
Funding Source: (Included in current budget? ❑ Yes ® No
If No, has budget amendment been submitted? ® Yes 1 I No
Departmental Contact:
Title:
Deevy Holcomb
Department Director Approval:
ignature
Phone #:
322-7644
Date
Distribution of Document: Ret n signed docs to Deevy Holcomb for routing.
6/2/2005
In compliance with the Americans with Disabilities Act, this document is available in alternate formats such as
Braille, Targe print, audio tape, oral presentation, and computer disk. To request an alternate format call the
State of Oregon, Oregon Youth Authority, Budget and Contracts Unit at (503) 373-7371.
STATE OF OREGON
INTERGOVERNMENTAL AGREEMENT
Gang Intervention Services
Agreement # 11110
This Agreement is between the State of Oregon, acting by and through its OREGON YOUTH AUTHORITY,
hereafter called "OYA" or "Agency", and DESCHUTES COUNTY, hereafter called "County".
1. Effective Date and Duration. This Agreement shall become effective upon execution by each of the parties
hereto and approval as required by applicable law. Unless extended or terminated earlier in accordance with its
terms, this Agreement shall terminate when Agency accepts County's completed performance or on June 30,
2009, whichever date occurs first. Agreement termination shall not extinguish or prejudice Agency's right to
enforce this Agreement with respect to any default by County that has not been cured.
2. Statement of Work. County shall perform the work (the "Work" or "Service") as set forth in the Statement of
Work, which includes the delivery schedule for such Work, and that is attached hereto as Exhibit A. County shall
perform the Work in accordance with the terms and conditions of this Agreement.
3. Consideration
a. The maximum, not -to -exceed compensation payable to County under this Agreement, which includes any
allowable expenses, is $53,714.00. Agency will not pay County any amount in excess of the not -to -exceed
compensation of this Agreement for completing the Work, and will not pay for Work performed before the date this
Agreement becomes effective or after the termination of this Agreement. If the maximum compensation is
increased by amendment of this Agreement, the amendment must be fully effective before County performs Work
subject to the amendment.
b. Interim payments to County shall be subject to ORS 293.462, and shall be made in accordance with the
payment schedule and requirements in Exhibit A.
c. Agency will pay only for completed Work that is accepted by Agency.
4. Documents. This Agreement consists of the following documents, which are listed in descending order of
precedence: this Agreement Tess all exhibits, attached Exhibit A (the Statement of Work) and Exhibit B (the OYA
Gang Intervention Services Application completed by County in response to Request for Application #07001).
Exhibit A is attached hereto and incorporated herein by this reference. Exhibit B will be on file with County and
Agency.
5. Independent Contractor; Responsibility for Taxes and Withholding
a. County shall perform all Work as an independent contractor. The Agency reserves the right (i) to determine and
modify the delivery schedule for the Work and (ii) to evaluate the quality of the Work Product, however, the Agency
may not and will not control the means or manner of County's performance. County is responsible for determining
the appropriate means and manner of performing the Work.
b. if County is currently performing work for the State of Oregon or the federal government, County by signature to
this Agreement, represents and warrants that: County's Work to be performed under this Agreement creates no
potential or actual conflict of interest as defined by ORS 244 and no statutes, rules or regulations of the state or
federal agency for which County currently performs work would prohibit County's Work under this Agreement.
c. The parties agree and acknowledge that their relationship is that of independent contracting parties and tat
County is not an "officer", "employee", or "agent" of the Agency, as those terms are used in ORS 30.265.
d. County shall be responsible for all federal or state taxes applicable to compensation or payments paid to County
under this Agreement and, unless County is subject to backup withholding, Agency will not withhold from su3h
compensation or payments any amount(s) to cover County's federal or state tax obligations. County is not eligible
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OYA Agreement #11110 — Deschutes County — Gang Intervention Services _H
for any social security, unemployment insurance or workers' compensation benefits from compensation or
payments paid to County under this Agreement, except as a self-employed individual.
6. Subcontracts, Successors, and Assignments
a. County may contract with a third person or entity (a "Subcontractor") for delivery of a particular Service or portion
thereof (a "Subcontract"). County may permit a Subcontractor to subcontract with a third person or entity for
delivery of a particular Service or portion thereof and such subcontractors shall also be considered Subcontractors
for purposes of this Agreement and the subcontracts shall be considered Subcontracts for purposes of this
Agreement. County shall not permit any person or entity to be a Subcontractor unless the person or entity holds all
licenses, certificates, authorizations and other approvals required by applicable law to deliver the Service. The
Subcontract must be in writing and contain all provisions of this Agreement necessary for County to comply with its
obligations under this Agreement and applicable to the Subcontractor's performance under the Subcontrac`,
including but not limited to, all provisions of this Agreement that expressly require County to require
Subcontractor's compliance with respect thereto. County shall maintain an originally executed copy of each
Subcontract at its office and shall furnish a copy of any Subcontract to the Agency upon request.
b. County shall not assign, delegate or transfer its interest in this Agreement without prior written approval of
Agency. Any such assignment or transfer, if approved, is subject to such conditions and provisions as the Agency
may deem necessary. No approval by the Agency of the assignment or transfer of interest shall be deemed b
create any obligation of the Agency in addition to those set forth in the Agreement.
c. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the parties hereto and
their respective successors, and permitted assigns.
7. No Third Party Beneficiaries. The Agency and County are the only parties to this Agreement and are the only
parties entitled to enforce its terms. The parties agree that County's performance under this Agreement is solely for
the benefit of the Agency to assist and enable the Agency to accomplish its statutory mission. Nothing in the
Agreement gives, is intended to give, or shall be construed to give or provide any benefit or right, whether directly,
indirectly or otherwise, to third persons any greater than the rights and benefits enjoyed by the general publ c
unless such third persons are individually identified by name herein and expressly described as intended
beneficiaries of the terms of this Agreement.
8. Funds Available and Authorized; Payments. County shall not be compensated for Work performed under
this Agreement by any other agency or department of the State of Oregon. Agency certifies that it has sufficient
funds currently authorized for expenditure to finance the costs of this Agreement within the Agency's current
biennial appropriation or limitation. County understands and agrees that Agency's payment of amounts under this
Agreement is contingent on Agency receiving appropriations, limitations, allotments or other expenditure authority
sufficient to allow Agency, in the exercise of its reasonable administrative discretion, to continue to make payments
under this Agreement.
9. Representations and Warranties. County represents and warrants to Agency as follows:
a. Organization and Authority. County is a political subdivision of the State of Oregon duly organized and validly
existing under the laws of the State of Oregon. County has full power, authority and legal right to make this
Agreement and to incur and perform its obligation hereunder.
b. Due Authorization. The making and performance by County of this Agreement (1) have been duly authorized
by all necessary action of County and (2) do not and will not violate any provision of any applicable law, rule,
regulation, or order of any court, regulatory commission, board, or other administrative agency or any provision of
County's charter or other organizational document and (3) do not and will not result in the breach of, or constitute a
default or require any consent under any other agreement or instrument to which County is a party or by which
County or any of its properties may be bound or affected. No authorization, consent, license, approval of, filing or
registration with or notification to any other governmental body or regulatory or supervisory authority is required for
the execution, delivery or performance by County of this Agreement.
c. Binding Obligation. This Agreement has been duly executed and delivered by County and constitutes a legal,
valid and binding obligation of County, enforceable in accordance with its terms subject to the laws of bankruptcy,
insolvency, or other similar laws affecting the enforcement of creditors' rights generally.
d. Accuracy of Information. The statements made in and the information provided in connection with any
applications, requests or submissions to the State hereunder or in connection with any funding provided to County
hereunder are true and accurate in all materials respects.
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OYA Agreement #11110 — Deschutes County — Gang Intervention Services _H
e. Services. The delivery of each Service will comply with the terms and conditions of this Agreement and meet
the standards for such Service as set forth herein, including but not limited to, any terms, conditions, standards and
requirements set forth in Exhibit A.
f. The warranties set forth above are in addition to, and not in lieu of, any other warranties set forth in this
Agreement or implied by law.
10. Ownership of Intellectual Property.
a. Except as otherwise expressly provided herein, or as otherwise provided by state or federal law, Agency will
not own the right, title and interest in any intellectual property created or delivered by County or a subcontractcr
in connection with the Services. With respect to that portion of the intellectual property that the County owns,
County grants to Agency a perpetual Worldwide, not -exclusive, royalty -free and irrevocable license, subject to
any provisions in the Agreement that restrict or prohibit dissemination or disclosure of information, to (i) use,
reproduce, prepare derivative works based upon, distribute copies of, perform and display the intellectual
property, (ii) authorize third parties to exercise the rights set forth in Section 10.a(i) on the Agency's behalf, and
(iii) sublicense to third parties the rights set forth in Section 10a(i).
b. If state or federal law requires that Agency or County grant to the United States a license to any intellectual
property or if state or federal law requires that Agency or the United States own the intellectual property, then
County shall execute such further documents and instruments as Agency may reasonably request in order to
make any such grant or to assign ownership in the intellectual property to the United States or Agency. To the
extent that Agency becomes the owner of any intellectual property created or delivered by County in connection
with the Services, the Agency will grant a perpetual, worldwide, non-exclusive, royalty -free and irrevocable
license, subject to any provisions in the Agreement that restrict or prohibit dissemination or disclosure of
information, to County to use, copy, distribute, display, build upon and improve the intellectual property.
c. County shall include in its subcontracts terms and conditions necessary to require that subcontractors
execute such further documents and instruments as Agency may reasonably request in order to make any grant
of license or assignment of ownership that may be required by federal or state law.
11. Indemnity
a. The County agrees to be responsible for any damage or any third party liability which may arise from its
activities associated with this Agreement subject to the limitations and conditions of the Oregon Tort Claims Act,
ORS 30.260 through 30.300, and the Oregon Constitution Article XI, section 10, to the extent liability arising out of
the negligence of the County. The County shall not be required to indemnify or defend the Agency for any liability
arising out of the wrongful acts of employees or agents of the State.
b. The State of Oregon agrees to be responsible for any damage or any third party liability which may arise from
its activities associated with this Agreement subject to the limitations and conditions of the Oregon Tort Claims Act,
ORS 30.260.through ORS 30.300, and the Oregon Constitution Article XI, Section 7, to the extent of liability arising
out of the negligence of the Agency. The Agency will not be required to indemnify or defend the County for any
liability arising out of wrongful acts of employees or agents of the County.
c. 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.
12. Default; Remedies; Termination.
a. Default by County. County shall be in default under this Agreement upon the occurrence of any of the following
events:
(i) County fails to perform, observe or discharge any of its covenants, agreements or obligations set forth
herein;
(ii) Any representation, warranty or statement made by County herein or in any documents or reports relied
upon by Agency to measure the delivery of Services, the expenditure of funds or the performance by County is
untrue in any material respect when made;
(iii) County (i) applies for or consent to the appointment of, or taking of possession by, a receiver, custodian,
trustee, or liquidator of itself or all of its property, (ii) admits in writing it inability, or is generally unable, to pay its
debts as they become due, (iii) makes a general assignment for the benefit of its creditors, (iv) is adjudicated a
bankrupt or insolvent, (v) commences a voluntary case under the Federal Bankruptcy Code (as now or hereafter
in effect), (vi) files a petition seeking to take advantage of any other law relating to bankruptcy, insolven:y,
reorganization, winding -up, or composition or adjustment of debts, (vii) fails to controvert in a timely and
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OYA Agreement #11110 — Deschutes County — Gang Intervention Services LH
appropriate manner, or acquiesces in writing to, any petition filed against it in an involuntary case under the
Bankruptcy Code, or (viii) takes any action for the purpose of effecting any of the foregoing; or
(iv) A proceeding or case is commenced, without the application or consent of County, in any court of
competent jurisdiction, seeking (i) the liquidation, dissolution or winding -up, or the composition or readjustment
of debts, of County, (ii) the appointment of a trustee, receiver, custodian, liquidator, or the like of County or of all
or any substantial part of its assets, or (iii) similar relief in respect to County under any law relating to
bankruptcy, insolvency, reorganization, winding -up, or composition or adjustment of debts, and such proceeding
or case continues un -dismissed, or an order, judgment, or decree approving or ordering any of the foregoing is
entered and continues unstayed and in effect for a period of sixty consecutive days, or an order for relief against
County is entered in an involuntary case under the Federal Bankruptcy Code (as now or hereafter in effect).
b. Agency Default. Agency shall be in default under this Agreement upon the occurrence of any of the following
events:
(i) Agency fails to perform, observe or discharge any of its covenants, agreements, or obligations set forth herein;
or
(ii) Any representation, warranty or statement made by Agency herein is untrue in any material respect whet
made.
c. Termination.
(i) County Termination, County may terminate this Agreement in its entirety:
(A) For its convenience, upon 90 days advance written notice to the Agency.
(B)Upon 30 days advance written notice to Agency, if Agency is in default under this Agreement and such default
remains uncured at the end of said 30 day period or such longer period, if any, as County may specify in the
notice.
(C) Upon 45 days advance written notice to Agency, if County does not obtain funding, appropriations and other
expenditure authorizations from County's governing body, federal, state or other sources sufficient to permit
County to satisfy its performance obligations under this Agreement, as determined by County in the reasonable
exercise of its administrative discretion.
(D) Immediately upon written notice to Agency, if Oregon statutes or federal laws, regulations or guidelines are
modified, changed or interpreted by the Oregon Legislative Assembly, the federal government or a court in such a
way that County no longer has the authority to meet its obligations under this Agreement.
(ii) Agency's Termination. Agency may terminate this Agreement in its entirety:
(A) For its convenience, upon 90 days' advance written notice to County.
(B) Upon 45 days written notice to County, if Agency does not obtain funding, appropriations and other expenditure
authorizations from federal, state or other sources sufficient, in the exercise of Agency's reasonable administrative
discretion, to meet the payment obligations of Agency under this Agreement.
(C) Immediately upon written notice to County if Oregon statutes or federal laws, regulations or guidelines are
modified, changed or interpreted by the Oregon Legislative Assembly, the federal government or a court in such a
way that the Agency does not have the authority to meet its obligations under this Agreement or no longer has the
authority to provide the funds from the funding source it had planned to use
(D) Upon 30 days advance written notice to County, if County is in default under this Agreement and such default
remains uncured at the end of said 30 day period or such longer period, if any, as Agency may specify in the
notice.
(E) Immediately upon written notice to County, if any license or certificate required by law or regulation to be held
by County or a subcontractor to deliver the Service is for any reason denied, revoked, suspended, not renewed or
changed in such a way that County or a subcontractor no longer meets requirements to deliver the Service.
(F) Immediately upon written notice to County, if Agency determines that County or any of its Providers have or
may have endangered, or are or may be endangering the health or safety of a youth or others.
(d) Entire Agreement. Upon termination of this Agreement in its entirety, Agency shall have no further obligation
to pay funds to County under this Agreement, whether or not Agency has paid to County all funds described in
Exhibit A. Notwithstanding the foregoing, Agency shall make payments to reimburse County's for services
provided prior to the effective date of termination where such services are authorized pursuant to this Agreement
and are not disputed by Agency.
13. Limitation of Liabilities. EXCEPT FOR LIABILITY OF DAMAGES ARISING OUT OF OR RELATED TO
SECTION 11, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT. NEITHER PAR—Y.
SHALL BE LIABLE FOR ANY DAMAGES OF ANY SORT ARISING SOLELY FROM THE TERMINATION ()F
THIS AGREEMENT OR ANY PART HEREOF IN ACCORDANCE WITH ITS TERMS.
14. Records Maintenance; Access. County shall maintain, and require all subcontractors to maintain, all
financial records relating to this Agreement and any subcontractor contract in accordance with generally accepted
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OYA Agreement #11110 — Deschutes County — Gang Intervention Services _H
accounting principles. In addition, County shall maintain and require all subcontractors to maintain, any other
records (including but not limited to statistical records) pertinent to this Agreement in such a manner as to clearly
document County's and each subcontractor's performance. County acknowledges and agrees that Agency and
the Oregon Secretary of State's Office and the federal government and their duly authorized representatives shall
have access to such fiscal and statistical records and other books, documents, papers, plans and writings of
County that are pertinent to this Agreement to perform examinations, audits and program reviews and make
excerpts and transcripts. A copy of an audit or report will be made available to County. County shall retain and
keep accessible all such fiscal and statistical records, books, documents, papers, plans, and writings for a
minimum of six (6) years, or such longer period as may be required by applicable law, following final payment and
termination of this Agreement, or until the conclusion of any audit, controversy or litigation arising out of or related
to this Agreement, whichever date is later.
15. Compliance with Applicable Law. County shall comply and require all subcontractors to comply with all
federal, state and local laws, regulations, executive orders and ordinances applicable to the Agreement or to the
delivery of Services. Without limiting the generality of the foregoing, County expressly agrees to comply with the
following laws, regulations and executive orders to the extent they are applicable to the Agreement: (1) Titles VI
and VII of the Civil Rights Act of 1964, as amended; (ii) Sections 503 and 504 of the Rehabilitation Act of 1973,
as amended; (iii) the Americans with Disabilities Act of 1990, as amended; (iv) Executive Order 11246, as
amended; (v) the Health Insurance Portability and Accountability Act of 1996; (vi) the Age Discrimination in
Employment Act of 1967, as amended, and the Age Discrimination Act of 1975, as amended; (vii) the Vietnam
Era Veterans' Readjustment Assistance Act of 1974, as amended; (viii) ORS Chapter 659, as amended; (ix) all
regulations and administrative rules established pursuant to the foregoing laws; and (x) all other applicable
requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. These laws,
regulations and executive orders are incorporated by reference herein to the extent that they are applicable to
the Agreement and required by law to be so incorporated. Agency's performance under the Agreement is
conditioned upon County's compliance with the provisions of ORS 279B.220, 279B.230 and 279B.235, which
are incorporated by reference herein. County shall, to the maximum extent economically feasible in the
performance of this Agreement, use recycled paper (as defined in ORS 279A.010(1)(gg)), recycled PETE products
(as defined in ORS 279A.010(1)(hh)), and other recycled products (as "recycled product" is defined in ORS
279A.010(1)(ii)).
16. Force Majeure. Neither Agency nor County shall be held responsible for delay or default caused by fire, civil
unrest, labor unrest, natural causes, and war which is beyond respectively, the Agency's or County's reasonable
control. Each party shall, however, make all reasonable efforts to remove or eliminate such cause of delay or
default and shall, upon the cessation of the cause, diligently pursue performance of its obligations under this
Agreement.
17. Survival. All rights and obligations shall cease upon termination or expiration of this Agreement, except for
the rights and obligations set forth in Sections 1, 6, 7, 8, 9, 10, 11, 12, 13, 14, 17, 19, 20, 21, 22, 24 and 30.
18. Notice. Except as otherwise expressly provided in this Agreement, any communications between the
parties hereto or notices to be given hereunder shall be given in writing, by personal delivery, facsimile,
electronic mail, or mailing the same, postage prepaid, to County or Agency at the address, number or e-mail
address set forth in this Agreement, or to such other addresses or numbers as either party may indicate pursuant
to this Section 18. Any communication or notice so addressed and mailed shall be effective five (5) days after
mailing. Any communication or notice delivered by facsimile shall be effective on the day the transmitting machine
generates a receipt of the successful transmission, if transmission was during normal business hours of the
recipient, or on the next business day, if transmission was outside normal business hours of the recipient. Any
communication or notice delivered by electronic mail shall be effective upon the sender's receipt of confirmation
generated by the recipient's e-mail system that the notice has been received by the recipient's e-mail system. Any
communication or notice given by personal delivery shall be effective when actually delivered.
19. Severability. The parties agree that if any term or provision of this Agreement is declared by a court of
competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions
shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if tie
Agreement did not contain the particular term or provision held to be invalid.
20. Counterparts. This Agreement may be executed in several counterparts, all of which when taken togetter
shall constitute one agreement binding on all parties, notwithstanding that all parties are not signatories to the
same counterpart. Each copy of the Agreement so executed shall constitute an original.
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OYA Agreement #11110 — Deschutes County — Gang Intervention Services -H
21. Governing Law; Consent to Jurisdiction. This Agreement shall be governed by and construed iri
accordance with the laws of the State of Oregon without regard to principles of conflicts of law. Any claim,
action, suit or proceeding (collectively, "Claim") between Agency (and/or any other agency or department of the
State of Oregon) and County that arises from or relates to this Agreement shall be brought and conducted solely
and exclusively within a Circuit Court of the State of Oregon; provided, however, if a Claim must be brought in a
federal forum, then it shall be brought and conducted solely and exclusively within the United States District
Court for the District of Oregon. In no event shall this Section be construed as a waiver by the State of Oregon
of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on
the eleventh amendment to the Constitution of the United States or otherwise, from any Claim or from the
jurisdiction of any court. COUNTY, BY EXECUTION OF THIS AGREEMENT, HEREBY CONSENTS TO THE
IN PERSONAM JURISDICTION OF SAID COURTS.
22. Integration and Waiver. This Agreement, including all of its Exhibits, constitutes the entire agreement
between the parties on the subject matter hereof. There are no understandings, agreements, or representations,
oral or written, not specified herein regarding this Agreement. The failure of either party to enforce any provision of
this Agreement shall not constitute a waiver by that party of that or any other provision. The remedies provided
herein are cumulative and not exclusive of any remedies provided by law.
23. Criminal History Checks: The Agency has statutory authority to access criminal offender information on all
persons providing services under this Agreement (ORS 420A.010 (11)).
24. Confidentiality of Information.
a. Unless otherwise required by law, the use or disclosure by the County and its employees and agents of any
information concerning a recipient of Services, for any purpose not directly connected with the administration of
the County's responsibilities with respect to such Services, is prohibited, except on written consent of the person
or persons authorized by law to consent to such use or disclosure. The County shall prohibit the use or
disclosure by the County's subcontractors and their employees and agents of any information concerning a
recipient of Services provided under the applicable subcontracts, for any purpose not directly connected with the
administration of the County's or subcontractor's responsibilities with respect to such Services, except on written
consent of the person or persons authorized by law to consent to such use or disclosure. All records and files
shall be appropriately secured to prevent access by unauthorized persons. The County shall, and shall require
its subcontractors to, comply with all appropriate federal and state laws, rules and regulations regarding
confidentiality of client records.
b. Agency shall include a provision in its contracts with contractors who utilize information related to the
Services provided under this Agreement for research purposes, providing that contractor and its subcontractors
under that contract shall not release confidential information on individual youth for purposes unrelated to the
administration of the contract or required by applicable law, and a provision that contractor or its subcontractors
under that contract shall appropriately secure all records and files to prevent access by unauthorized persons.
c. County shall maintain and require all Providers to maintain a Client record for each youth that receives a
Service.
25. County -Client Relationship. The County will establish a system approved by Agency through which a
youth and the youth's parents or guardian may present grievances about the operation of the County's service
program. At the time arrangements are made for the County's services, the County will advise the youth and
parents or guardian of the youth of the existence of this grievance system. The County shall notify the Agency
of all unresolved grievances.
26. Program Records, Controls, Reports and Monitoring Procedures. The County agrees to maintain
program records including statistical records, and to provide program records to the Agency at times and in the
form prescribed by the Agency. The County agrees to establish and exercise such controls as are necessary tD
assure full compliance with the program requirements of this Agreement. The County also agrees that a
program and facilities review (including meetings with youth, review of service records, review of policy an
procedures, review of staffing ratios and job descriptions, and meetings with any staff directly or indirectly
involved in the provision of services) may be conducted at any reasonable time by any or all of the following:
state personnel, federal personnel, and other persons authorized by the Agency. The County shall cooperate
fully with such reviews.
27. Mandatory Reporting: As required by Oregon Law (ORS 4196.005 through ORS 4196.050), all OY.a
contractors must immediately inform either the local office of the Department of Human Services (DHS) or a law
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OYA Agreement #11110 — Deschutes County — Gang Intervention Services L!i
enforcement agency when they have reasonable cause to believe that any child with whom the County comes in
contact has suffered abuse, or that any person with whom the County comes in contact has abused a child.
Oregon Law recognizes child abuse to be: physical injury; neglect or maltreatment; sexual abuse and sexual
exploitation; threat of harm; mental injury; child selling.
Reports must be made immediately upon awareness of the incident. Contractors are encouraged to contact the
local DHS office if any questions arise as to whether an incident meets the definition of child abuse.
28. Amendments. No amendment, waiver, consent, modification or change of terms of this Agreement shall bind
either party unless in writing and signed by all the parties and no such amendment, waiver, consent, modification,
or change of terms shall be effective until all approvals required by law have been obtained from the Department of
Justice. Such amendment, waiver, consent, modification or change if made, shall be effective only in the specific
instance and for the specific purpose given.
29. Headings. The headings and captions to sections of this Agreement have been inserted for identification and
reference purposes only and shall not be used to construe the meaning or to interpret this Agreement.
30. Construction. The parties agree and acknowledge that the rule of construction that ambiguities in a written
agreement are to be construed against the party preparing or drafting the agreement shall not be applicable to the
interpretation of this Agreement.
31. HIPAA Compliance. To the extent applicable, County shall deliver Services in compliance with the Health
Insurance Portability and Accountability Act and the federal regulations implementing the Act (collectively referred
to as HIPAA). County shall comply and require all subcontractors to comply with the following:
a. Privacy and Security of Individually Identifiable Health Information. Individually Identifiable Health
Information about specific individuals is confidential. Individually Identifiable Health Information relating to
specific individuals may be exchanged between County and OYA for purposes directly related to the provision of
Services. However, County shall not use or disclose any Individually Identifiable Health Information about
specific individuals in a manner that would violate any applicable privacy rules.
b. Consultation and Testing. If County reasonably believes that County's delivery of Services under this
Agreement may result in a violation of HIPAA requirements, County shall promptly consult with Agency.
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Page 7 of 8
OYA Agreement #11110 — Deschutes County — Gang Intervention Services LH
COUNTY, BY EXECUTION OF THIS AGREEMENT, HEREBY ACKNOWLEDGES THAT COUNTY HAS
READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND
CONDITIONS.
YOU WILL NOT BE PAID FOR SERVICES RENDERED PRIOR TO NECESSARY STATE APPROVALS
I hereby certify and affirm I am eligible and
authorized to sign this agreement on behalf of the
County.
AGENCY: STATE OF OREGON, acting by and
through its Oregon Youth Authority
By: Date: By: Date:
Manager of Budget and Contracts
Title: Chair Deschutes County Board of Commissioners
Mailing Address: 530 Center St. NE, Suite 200
Tax ID Number: 93-6002292 Salem, Oregon 97301-3740
Facsimile: (503) 373-7921
Mailing Address: 1300 NW Wall St.. Bend, OR 97701
Facsimile: (541)385-3202
Approved as to Legal Sufficiency by the Attorney Reviewed by OYA Contracts Specialist:
General's Office: (Required if total amount owing under
the Agreement, including amendments, exceeds By: Date:
$100,000)
By: N/A
Assistant Attorney General
Date:
Page 8 of 8
OYA Agreement #11110 — Deschutes County — Gang Intervention Services LH
EXHIBIT A
Intergovernmental Agreement
Agreement Number: 11110
County: Deschutes County
1. STATEMENT OF WORK:
1.1 County shall provide gang intervention services as identified in Section 1.2 below and described in Exhib.t
B, with Youth gang intervention funds identified in Section 2.1 of this Exhibit A, which are targeted for services
with the goal of decreasing youth gang activity in the community. The services may be directed at youth gang
members or youth with demonstrated links to gangs. Services shall be targeted for high-risk youth who are
displaying gang mentality, culture, and behaviors.
1.2 County shall provide the following short-term and long-term services through June 30, 2009:
Short -Term Services
a. Community Needs Assessment; and
Long -Term Services
b. FFT.
1.3 County shall provide services that are culturally competent. Cultural competence is defined as the
development of behaviors, attitudes, and policies that enable providers to deliver services in ways that meet the
needs of a variety of diverse cultures (minority ethnic groups, language, gender, etc.)
1.4 Reports and Outcome Measures: The County shall collect information on each youth served under this
Agreement. The County shall submit quarterly reports on activities and specific client services that are provided
to youth served under this Agreement. The County shall submit reports to the Agency's Supervising
Representative.
County shall work with Agency to develop a reporting process on measurable outcomes for each service funded
under this Agreement. County shall submit an outcome reporting template for Agency approval to Agency's
Supervising Representative no later than 60 days from the Effective date of this Agreement. Examples of
outcome measures include, but are not limited to, the following:
1. Client Recidivism
2. Commitment to OYA Correctional Facilities
3. Successful Completion of Program Services
4. School Attendance and/or Workforce Participation
5. Skill Building
6. Risk Reduction
County shall use the outcome reporting template approved by OYA when submitting the quarterly reports
required under this Section 1.4.
The frequency of the quarterly reports developed and submitted by County shall be as follows:
Fiscal Quarter
Report Due
Effective date of Agreement —
June 2008
October 2008
July — September 2008
January 2009
October — December 2008
April 2009
January — March 2009
July 2009
April — June 2009
October 2009
The County shall produce an annual report based on the fiscal year. County shall provide the annual
reports to the Agency's Supervising Representative. The annual reports prepared and provided by County
under this subsection shall include but not be limited to the following elements:
Exhibit A Page 1 of 4
OYA Agreement #11110 — Deschutes County — Gang Intervention Services LI 1
1. Client recidivism;
2. Level of risk of youth served;
3. Number of youth committed to an OYA Youth Correctional Facility;
4. Number of youth committed to OYA probation; and
5. Number of youth who successfully completed all program services, had good school attendance or
workforce participation as applicable.
The frequency of the annual reports completed and submitted by County shall be as follows:
Annual Report
Report Due
Effective date of Agreement —
June 2008
January 2009
July 2008 — June 2009
January 2010
1.5 Supervising Representatives: The Supervising Representatives for purposes of this Exhibit A shall be:
AGENCY: Karen Andall, Assistant Director, Field Operations
(503) 373-7324
530 Center Street NE, Suite 200, Salem, OR 97301
COUNTY: Robert LaCombe, Deputy Director, Juvenile Community Justice
(541) 385-1728
63360 Britta Street, Building One, Bend, OR 97701
Should a change in the Agency's or County's Supervising Representative become necessary, Agency or County
will notify the other party of such change. Such change shall be effective without the necessity of executing a
formal amendment to this Agreement.
2. CONSIDERATION:
2.1 As consideration for the services provided by the County under this Exhibit A and as further described in
Exhibit B during the period beginning on the effective date of this Agreement and ending June 30, 2009, the
Agency, subject to the provision of ORS 293.462 (payment of overdue account charges) and the terms and
conditions of this Agreement will pay to the County an amount equal to the lesser of $53,714.00, or the actual
costs reasonably and necessarily incurred by County in delivering gang intervention services under this Exhibit
A and as further described in Exhibit B. Payments will be made upon receipt of an invoice, as set as forth in
Section 3.2 of this Exhibit A.
Payment is for the provision of services as follows:
Short -Term Services
1. Community Needs Assessment projected costs are $14,963.00; and
Long -Term Services
2. FFT projected costs are $38,751.00.
To be effective, budget modifications of more than 20% of the projected costs between the programs listed
above must be pre -approved by the Agency in writing. The County shall submit modification requests in writing
to the Agency's Supervising Representative.
2.2 The County shall not use the funds provided hereunder to supplant money otherwise provided to the County
Juvenile Department for services to delinquent youth,
2.3 The County agrees that the costs reimbursed by the Agency for services to youth under this Agreement
shall not exceed costs for comparable services that are not covered by this Agreement.
Exhibit A Page 2 of 4
OYA Agreement #11110 — Deschutes County — Gang Intervention Services L 1
2.4 It is agreed that any payment or reimbursement received by the County from a parent, or guardian, or any
other personal entitlement received on behalf of any youth served under this Agreement shall be promptly
remitted by the County to the Agency.
2.5 The County will not impose or demand any fees from any person or agency (other than the Agency) for
services provided and paid for under this Agreement, unless these fees have been approved in advance in
writing by the Agency.
2.6 No more than 10% of the aggregate funds paid under this Agreement to County may be expended on
Administrative Costs. "Administrative Costs" means Allowable Costs incurred by County or a Provider in
administering implementation of the services under this Agreement, as determined in accordance with Office of
Management and Budget Circulars A-87 and A-122, as revised from time to time. This limit applies in total to all
County government organizational units, Providers and subcontractors.
i. All charges for administrative costs must be supported by providing a detailed list of direct administrative
charges in the quarterly invoice form provided by the Agency as outlined in subsection 3.2 of this Exhibit A.
The County shall make available upon request by the OYA documentation supporting the direct administrative
expenditures.
ii. County may use a Federally approved indirect cost rate to recover administrative costs as an alternative to
direct administrative charges. The County shall make available upon request by Agency a copy of the Federal
approved documentation for the indirect cost rate.
iii. The 10% limit in this subsection 2.6 applies regardless of whether County selects to use direct
administrative charges or a federally approved indirect cost rate.
2.7 If the County allocates any Administrative Costs to this Agreement, the County shall make available to the
Agency, for Agency approval, a written cost allocation plan covering the handling and distribution of
Administrative Costs.
3. PAYMENT:
3.1 County shall not submit invoices for, and Agency will not pay, for services provided under this Exhibit A and
as further described in Exhibit B, any amount in excess of the maximum compensation amount set forth above
in Section 2.1 of this Exhibit A. No payment will be made for any work performed under this Exhibit A and as
further described in Exhibit B before the effective date of this Agreement or performed after June 30, 2009.
3.2 County shall submit quarterly invoices for Work performed for review and approval by the Agency. The
invoices shall describe the Work performed and the total amount for that quarter. The invoices shall be provided
on a form provided by the Agency. Copies of the invoices and receipts shall be retained by County for 24
months after the end date of this Agreement and shall be made available for review by Agency as described in
subsection 3.5 of this Exhibit A. The invoices shall be prepared on Agency's form of invoice which County shall
submit to: Oregon Youth Authority, Attn: Karen Andall, 530 Center Street NE, Suite 200, Salem, Oregon 97301,
in accordance with Agency's instructions provided by Agency to County. Payment of any amount under this
Agreement shall not constitute approval of the Work.
3.3 If payments to County by the Agency under this Agreement, or under any other contract between the
County and the Agency, are made in error or are found by the Agency to be excessive under the terms of this
Agreement, the Agency, after giving written notification to the County, may withhold payments due to County
under this Agreement in such amounts, and over such periods of time, as are deemed necessary by the Agency
to recover the amount of the overpayment.
3.4 County must submit its final invoice to the Agency no later than ninety (90) days after June 30, 2009. The
Agency shall be under no obligation to pay for services not billed within ninety (90) days after June 30, 2009.
3.5 The Agency reserves the right to periodically audit and review the actual expenses of the County for the
following purposes:
1) To document the relation between the established payments under this Agreement and the amounts
spent by the County.
2) To document that the amounts spent by the County are reasonable and necessary to assure quality
service.
Exhibit A Page 3 of 4
OYA Agreement #11110 — Deschutes County — Gang Intervention Services L H
3) To assure that the County's expenses are allowable in accordance with Federal OMB Circulars A-87 or
A-122 on Allowable Costs. In the event a periodic audit and review by the Agency shows that the
County's expenses are not allowable under Federal OMB Circulars A-87 or A-122 on Allowable Costs in
any material respect, Agency may terminate this Agreement.
3.6 In addition to any other rights accorded to the Agency under this Agreement, if the County fails to comply
with any or all of the provisions of subsections 2.2, 2.3, 2.4, 2.5 and 3.5 above, the Agency may terminate this
Agreement pursuant to Section 12 c.(ii) and invoke the remedies available to it, exercise its rights under
subsection 3.3 of this Exhibit A, or both.
3.7 It is agreed that the not -to -exceed amount provided under subsection 2.1 of this Exhibit A and in Section 3
of the Agreement document may be reduced by the Agency as a result of Legislative action. The Agency shall
provide the County with written notice of any such change. Notwithstanding the order of precedence listed in
Section 4 of this Agreement, this Subsection 3.7 of this Exhibit A takes precedence over all other provisions of
this Agreement including all Exhibits.
4. AMENDMENT:
This Agreement may be amended one or more times by mutual agreement of the parties for time, money, terms,
conditions, and/or services. Any such amendment is not effective until approved by all parties and all necessary
legal approvals have been obtained from the Department of Justice.
5. SURVIVAL:
In addition to rights and obligations set forth in Section 17 of the Agreement document, subsections 1.4, 2.1, 3.1,
3.2, 3.3, 3.4, and 5 of this Exhibit A shall survive expiration earlier termination of this Agreement and be fully
enforceable thereafter.
6. MEDIA DISCLOSURE
The County shall not provide information to the media regarding a recipient of services purchased under this
Agreement without first consulting the Agency office which referred the youth or family. The County will make
immediate contact with the Agency's office when media contact occurs. The Agency's office will assist the
County with an appropriate follow-up response for the media.
7. CONFLICT OF INTEREST
County shall notify Agency in writing when a current employee or newly hired employee is also an employee of
the Agency. The notification shall be submitted to the Supervising Representative and the OYA Contracts unit
and shall include the name of the employee and their job description. The Agency will review the employment
situation for actual and potential conflicts of interest as identified under ORS Chapter 244.
8. EMERGENCY SUSPENSION/TERMINATION BY AGENCY
The parties understand and agree that under any of the following circumstances, without limitation, the Agency
may remove or suspend a youth offender from services with the County immediately:
i. An allegation of child abuse/neglect or other conditions causing the Agency to determine that the youth
offender's health, safety or welfare may be endangered; and
ii. An allegation of misconduct of County, County's employee or subcontractor causing the Agency to
determine that the youth offender's health, safety or welfare may be endangered.
If as a result of County's alleged child abuse/neglect or misconduct, Agency suspends or terminates a youth
offender's services with County in accordance with this Contract, the County shall not be entitled to any
compensation under this Contract with respect to such youth from and after the date of such suspension or
termination.
Exhibit A Page 4 of 4
OYA Agreement #11110 — Deschutes County — Gang Intervention Services J -I